Loading...
HomeMy WebLinkAboutDepartment Report 07-24-239 of 14 CARMEL BOARD OF ZONING APPEALS REGULAR MEETING DEPARTMENT REPORT MONDAY, JULY 24 2023 (SUA, V) Hope Church Special Use Amendment and Variance. The applicant seeks the following special use and development standards variance approval: 3. Docket No. PZ-2023-00134 SUA UDO Section 2.05 Education Special Use required in S2. 4. Docket No. PZ-2023-00132 V UDO Section 1.07 Transportation Plan compliance required, Request to only dedicate street right of ways. The site is located at 2500 E. 98th St. and is zoned S2/Residence. Filed by Rick Lawrence of Nelson & Frankenberger, LLC on behalf of Hope Church of The Christian and Missionary Alliance, Inc. and Northpoint Homeschool Academy. General Info: • The Petitioner seeks special use amendment approval to add an educational use/program. Northpoint Homeschool Academy provides programs and services in support of homeschooling by parents. • The Petitioner also seeks development standards variance approval to only dedicate street rights of way (and not pay for or install multiuse paths and/or sidewalks required by the UDO for compliance with the Transportation Plan). • Prior BZA approvals were granted under docket nos. V-49-95 V (height variance) , SU-48-95 (add fellowship center), and S-45-80 (special exception for educational wing). • The site has three street frontages and is located in a residential area adjacent to the Lakewood Gardens and the Chesterton subdivisions. • Surrounding land uses are single family homes and another church. • The Technical Advisory Committee (TAC) is also reviewing the proposal, and the petition was discussed at the July 19 TAC meeting. • Bicycle parking racks will be added. • Any dead, dying, or missing landscaping will be replaced. • Regarding the educational program, the planned capacity is for 300 students, for grades 6-12. • The anticipated total student population is 300, with another 50 staff and faculty to support those students. Evening programs or sports practices average, at most, 200 total people, with 50 participants respectively. • The program meets on Tuesday, Wednesday and Thursday from 8:30am – 3:30pm. At times, there may be 2-3 evening programs during a month. • The church and operator do not provide services on the same days. There are around 10 church staff people on site on a daily basis to support the operation of the church. • For reference, the church sanctuary, fellowship center, and chapel fit a total of 630 people combined. • Please see the Petitioner’s informational packet for more detail on the variance and special use amendment requests. Special Use Amendment Request: • The Special Use Amendment request is before the Board because the educational component was limited by the Petitioner, under a prior BZA approval: The meeting minutes from the June 26, 1995 BZA hearing documents a special use approval that was represented by the Petitioner that the new center was “intended to house church activities such as athletic events, Sunday school classes, small groups, youth and children's groups, and church wide meetings”… further stating “the hall will not be used for purposes of parochial schooling or daycare.” • When questioned by BZA members at the 1995 hearing, the Hope Church representative testified on the record that the facility will not be used for daycare, parochial schooling, or other outside additional projects. • In general, special uses shall be viewed favorably by the Board of Zoning Appeals, as directed by UDO section 9.09.A. • The Planning/Zoning Dept. is supportive of this special use amendment request. 10 of 14 Transportation Plan Compliance Variance Request: • Compliance with the Unified Development Ordinance (UDO) (including compliance with the Transportation Plan) is required with any land use petition, as in this Special Use Amendment case. • Dedication of street right of way is required, as well as installing the required multiuse paths/sidewalks (or paying what it would cost to construct it into the Thoroughfare Fund). • The Petitioner requests a variance to only dedicate street right of ways, and not have to install (or pay for) any path or sidewalk. • A path project is in the works along Haverstick Rd., to the City is comfortable with the Petitioner just dedicated the required Haverstick Rd. street right of way, and not paying for the multiuse path. • For the other two street frontages, the City would like the Petitioner to install sidewalks, in addition to dedicating street rights of way, and this can be done over a 5 year time period to help spread out the cost. • The Planning/Zoning Dept. is supportive of this variance request, with the Condition of the Petitioner phasing in the installation of the sidewalks along 98th St. and Pleasant Way over a 5-yr period (they do not need to install the path along Haverstick Rd.). Remaining Review Comments: • The Petitioner continues to respond to and address the remaining TAC review comments. Final Comments: • Planning Staff thinks it is reasonable for the city to ask that sidewalks be built in conjunction with an expanded use, a school operation. • Regarding Haverstick Rd., Planning Staff is okay with the Petitioner dedicating street right of way only, as that project is funded and is in the pipeline of City projects. • The Petitioner needs to be responsible for dedicating street right of way and building sidewalks (along the other two street frontages - 98th St. and Pleasant Way) that connect the school with residents/neighborhoods (and church). • The city wants bike parking to be included at the main entrance(s) to the school/church. Bicycle parking will be addressed. • Planning Staff is okay with the Petitioner phasing a plan for sidewalk installation, to install the sidewalks over time, over the next 5 years. • Sidewalks will provide a safe and accessible pedestrian and bicycle connection from the new multiuse path to the school/church/community meeting place. Findings of Fact: • Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet for the special use amendment request and the development standards variance request. Recommendation: • The Dept. of Community Services (DOCS) recommends positive consideration of the special use amendment request, with the condition of addressing all remaining TAC review comments in ProjectDox, and with adoption of the Findings of Fact submitted by the Petitioner. • And, the Dept. of Community Services (DOCS) recommends positive consideration of the variance request from Transportation Plan Compliance, with the condition of the Petitioner phasing in the installation of the sidewalks along 98th St. and Pleasant Way over a 5-yr period (they do not need to install the path along Haverstick Rd.), and with adoption of the Findings of Fact submitted by the Petitioner.