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HomeMy WebLinkAboutMinutes BZA 09-23-96 CARMEL/CLAY BOARD OF ZONING APPEALS SEPTEMBER 23, 1996 The regularly scheduled meeting of the Carmel/Clay Board of Zoning Appeals met at approximately 7:00 PM in the Council Chambers of City Hall on Monday, September 23, 1996. Members present were as follows: Mary Ann Burke; Dick Klar; and Earlene Plavchak, President. Mark Monroe was present and represented the Department of Community Services; John Molitor, Counsel, was also present. The minutes of the previous meeting were approved as corrected. L PUBLIC HEARING: Note: Items li. and 2i. were heard together and voted on separately. li. Promises to Keep/Day Care Center(SU-50-96) Petitioner seeks Special Use approval to convert an existing house into a day care center and pre-school. The site is located a quarter mile east of Towne Road on the north side of 96th Street. The site is zoned S-1/Residential. Filed by Mary Koger of Promises to Keep, Inc. 2i. Promises to Keep/Day Care Center (V-51-96) Petitioner seeks a Variance of Section 5.2.1 of the Carmel/Clay Zoning Ordinance to operate a day care center on a parcel less than one acre. The site is located a quarter mile east of Towne Road on the north side of 96th Street. The site is zoned S-1/Residential. Filed by Mary Koger of Promises to Keep, Inc. Mary Koger, 10089 Fox Trace, Zionsville appeared before the Board requesting a Special Use and Developmental Standards Variance in regard to property located east of Towne Road and north of 96th Street. The existing residence will be remodeled to accommodate a child care preschool center for a maximum of 48 children, infants through 4 years of age. The residence will be fully renovated to meet the E-3 Occupancy Code. The petitioner recognizes a current need for this type of facility as well as a future need in view of the housing developments planned for the area. The Quonset hut on the property will be removed and a staff parking facility installed. A six foot shadow box, privacy fence will be installed which will completely enclose the back yard and will be positioned inside the existing landscaping. The existing driveway is gravel and will be widened to accommodate a two car width. bza\1996.sept 2 The petitioner will be adding an accel/decel lane. Currently, there is a drainage ditch which will handle on site water. City sewer and water are available; the petitioner will be utilizing gas. Members of the public were invited to speak in favor or opposition to the proposed project; none appeared and the public hearing was closed. Mark Monroe reported that the Department is recommending approval of the proposed project. Upon motion made by Dick Klar and duly seconded, Docket No. SU-50-96 was approved. Upon motion made by Dick Klar and duly seconded, Docket No. SU-V-51-96 was approved. Note: Items 3i. and 4i. were heard together but voted on separately. 3i. College Park Baptist Church(SU-52-96) Petitioner seeks Special Use approval to construct an addition to the church and to do other site improvements. The site is located at the northwest corner of 96th Street and Towne Road. The site is zoned S-1/Residential. Filed by Jim Nelson on behalf of College Park Baptist Church. 4i. College Park Baptist Church(V-53-96) Petitioner seeks a variance of Section 5.4.1 of the Carmel/Clay Zoning Ordinance to construct a church addition that is 30 feet in height, instead of the required 25 feet. The site is located at the northwest corner of 96th Street and Towne Road. The site is zoned S-1/Residential. Filed by Jim Nelson on behalf of College Park Baptist Church. Jim Nelson, 3663 Brumley Way, Cannel, appeared before the Board representing the petitioner, College Park Baptist Church. Attending for College Park Baptist Church was senior pastor Kimber Kaufinan, and the building consultant, Pat Meharry. The Board of Zoning Appeals originally granted a Special Use to the Church in 1990; an amendment is being requested to permit an expansion of the Church, specifically a 25,000 square foot addition to the Church with space allocated between an extension of the existing sanctuary as well as an extension of the educational area. Mr. Nelson stated that the plan before the Board this evening was part of the original plan and was approved as part of the original plan except that the time limit for implementation of the Special Use expired in the summer of 1995. Mr. Nelson exhibited an aerial photograph of the subject site which lies in Marion and Hamilton Counties, near the intersection of 96th Street and Towne Road. The real estate is bounded on bza\1996.sept 3 the east by Towne Road, on the south by 96th Street, and on the west by two, elongated, 5 acre parcels of real estate which are residential in nature and currently being negotiated for purchase by the Church. The property immediately north and adjacent to the Church property is a rectangular, 5 acre parcel just recently acquired by the Church for future expansion. The Church is located in the center of the 10 acre parcel; current access is by way of 96th Street. There will be a second entrance to the church from Towne Road with the required accel/decel lanes. The petitioner has agreed to dedicate a 60 foot one-half right-of-way to Hamilton County; this applies to the ten acre parcel as well as the 5 acre parcel to the north. The existing wooded area that lies at the corner of the intersection is being preserved. Expansion plans include the continued preservation of the wooded area, and two additions to the Church: one to the sanctuary in a northwesterly direction; and the extension of the educational wing to the northeast. Fifty additional parking spaces are being added which will bring the total to 300. Currently, there is a dry detention area that serves the Church and parking area, and provides for on-site storm water retention; in order the serve the expanded parking area, the dry detention area is being enlarged. The plan also provides for additional landscaping adjacent to 96th Street, in front of the Church, and landscape islands located in the parking lot. Upon completion, the Church addition will be architecturally consistent with the existing facility. The sanctuary height is proposed to be 30 feet in order to provide the openness that is desirable; in order to maintain the same roof pitch, the height is being requested to be increased five feet more than allowable by the ordinance, hence the reason for the Variance request. The petitioner has agreed to install sidewalks adjacent to the perimeter roadways of 96th Street and Towne Road. In 1990, the Church executed written commitments, recorded in the Recorder's office of Hamilton County, stating that it would construct sidewalks at its cost, adjacent to Towne Road and 96th Street at such time as a sidewalk installation plan had been created by the City for the area. It is the petitioner's feeling that the installation of sidewalks at this time would not be meaningful and it would be an expensive burden. The petitioner's feeling is that installation of sidewalks would better take place at the time 96th Street and Towne Roads are widened and a plan is in place for the installation of sidewalks within the entire area. Members of the public were invited to speak in favor of the proposed project; the following appeared: John Allen, 2620 West 96th Street, spoke as a neighbor to the Church. Mr. Allen stated that the church has been an extremely good neighbor and asset to the community, and he was in support of the proposed expansion. Members of the public were invited to speak in opposition to the proposed project; none appeared and the public hearing was closed. bza\1996.sept 4 Mark Monroe reported that the Department is recommending approval of the proposed addition to the Church, conditioned upon the installation of sidewalks along 96th Street as well as Towne Road. In addition, the Department is recommending denial of the Variance for increase in height. It is believed that the Church can be built within the required height without practical difficulty. In regard to the sidewalks, the roadways in this particular area are under the jurisdiction of the Hamilton County Government; the County has given the local planning jurisdiction the responsibility of asking for sidewalk installation. The petitioner is willing to install sidewalks now along 96th Street and Towne Road; however, the petitioner asks that if the County denies their request for sidewalks along the creek(legal drain) that they be relieved of responsibility of sidewalk installation all the way to the corner. Also, the wooded area on the property has not been evaluated from a wetlands perspective; if the area is determined to be a wetland and being less than an acre in size, it is subject to the Nationwide 26 Federal Exemption; however, not exempt from the State. The State may not permit the installation of a sidewalk unless the petitioner were able to mitigate. The petitioner is willing to install sidewalks from their west property to the woods, from the north property line to the woods, and approval will be sought from the County for installation of a sidewalk adjacent to the wooded area. The Department will work with the petitioner. Upon motion made by Dick Klar and duly seconded, Docket No. SU-52-96, College Park Baptist Church was approved conditioned upon sidewalk installation as specified. Upon motion made by Dick Klar and duly seconded, Docket No. V-53-96, College Park Baptist Church variance for building height was approved. 5i. First of America Bank/Meijer(V=54-96) Petitioner seeks a variance of Section 25.7.02-9 of the Carmel/Clay Zoning Ordinance to permit an additional sign on the south frontage of the Meijer building. The site is located at the northwest corner of Old Meridian Street and Cannel Drive. The site is zoned B- 3/Business. Filed by Jeff Triplett of Sign Art. Jeff Triplett of Sign Art, Inc., 5757 East Cork Street, Kalamazoo, Michigan appeared before the Board on behalf of Meijer, Inc. and First of America Bank. Also present was Paul Askens, general manager of the Meijer store in Cannel. First of America has recently opened a banking center inside the Meijer store located at 1425 Carmel Drive. First of America is a tenant in the Meijer store, has independent hours of operation, independent telephone service and control panel, and individual circuit breaker panel. bza.\1996.sept 5 First of America would like to install a sign on the exterior of the Meijer store indicating their presence. The sign would not be illuminated. The sign would be constructed of aluminum, 18 inches in height, and finished in a color compatible with all existing Meijer signage. The signage would serve to identify the exact entrance for the Bank, and also inform the public of the Bank's presence at the Meijer store. Mr. Triplett displayed a sample of the lettering which would be done in the same red that appears in the Meijer sign. The sign measures 36 square feet and was approved by the Plan Commission. Members of the public were invited to speak in favor or opposition to the proposed sign; none appeared and the public hearing was closed. Mark Monroe reported that the Department is recommending denial of the application. Meijer has been granted several variances to accommodate a greater number of signs and larger signs than allowed by the ordinance; the Department feels it is not appropriate to proliferate signage on the building. Upon motion made by Dick Klar and duly seconded, Docket No. V-54-96, First of America Bank/Meijer was approved. There being no further business to come before the Board, the meeting was adjourned at 8:15 PM. Earlene Plavchak, President Ramona Hancock, Secretary bza\1996.sept