HomeMy WebLinkAboutDept ReportCARMEL/CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
March 22, 2004
8h. (#04020019 SU) Hamilton Crossing West, Bldg 1: Little Star School
The applicant seeks special use approval of a preschool.
Docket No. 04020019 SU Ch. 16.01 permitted uses
The site is located southwest of 131st Street and US 31.
The site is zoned B-5/Business and is within the US 31 Overlay Zone.
Filed by Blair Carmosino of Duke Realty.
General Information:
The petitioner requests Special Use approval to place a pre-school for children with autism
within an office building zoned B-5/Business with in the US 31 Overlay zone. There is also an
outdoor, fenced playground proposed.
Background Information:
The hours of operation are during the hours of a typical workday. Children with autism will be
able to learn life skills in a predictable, structured environment. At the March 17 TAC Meeting,
the petitioner stated that there will be about 7 students and a teacher for each student, totaling 7
teachers. It was also stated that there would be no more than three children at the playground at
one time.
Analysis'.
The preschool will serve a growing need within the area to provide life skills for children with
autism. There might be some concern about noise levels and how it will affect the tenants
adjacent to the proposed preschool tenant space. There is also concern about the path the children
must walk to get to the playground, basically through a parking lot, and also the noise level of
children playing within a business/office complex. The playground will be located 70 feet from
the closest office. Lastly, there is a concern about parking. Will there be enough places for
parents to park when picking up or dropping off his/her child, since this use will utilize more
parking spaces than an office use?
Findings of Fact: Special Use
1.)
The Special Use in the Flood Plain District, Ordinance Z-160, Section 21.6 as
amended does not apply and all prerequisites have been met by the Petitioner as
verified by:
The site plan does not show the property in a flood plain.
2.)
The Special Use will be consistent with the Character and the Permitted Land Use
of the Zoning District and Carmel/Clay Comprehensive Plan because:
The Comprehensive Plan shows the subject property to be within the US 31 Corridor for
a regional community employment area. This special use is allowed in the zoning district,
and the Comprehensive Plan states that: This area is mainly for very high intensity office
use, with support retail or commercial behind the frontage parcels to support the office
uses (Comp Plan 4-8).
3.)
The Special Use is physically suitable for the land in question because:
The preschool can utilize tenant space to create a learning environment.
4.)
The Special Use will not be injuriously or adversely affect the adjacent land or
property values because:
The preschool is only leasing tenant space within the business building. When the
preschool ceases operation or chooses to move to another location, the tenant space will
be vacant once more.
5.)
The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the
adequate availability of water, sewage, or storm drainage facilities or police or fire
protection because:
There are walkways that mn adjacent to the parking lot. The vehicular traffic flow will
not be altered. All utilities are already present on the property.
6.)
The Board has reviewed the requirements of the Ordinance Z-160, Section 21.3 (1-
25) as they relate to this Special Use, and does not find that those criteria prevent
the granting of the Special Use:
The property is suitable for a small preschool.
Recommendation'.
The department recommends positive consideration of Docket No. 04020019 SU.