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HomeMy WebLinkAboutMinutes BZA 05-29-12MINUTES Carmel Board of Zoning Appeals Regular Meeting Tuesday, May 29, 2012 6:00 pm Council Chambers, Carmel City Hall Present: James Hawkins, President Earlene Plavchak Alan Potasnik Ephraim Wilfong Kent Broach, absent Connie Tingley, Recording Secretary Staff members in attendance: Legal Counsel: John Molitor City of Carmel Previous Minutes: On a motion made by Earlene Plavchak and seconded by Ephraim Wilfong: The Minutes for the meeting dated April 23, 2012 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Alexia Donahue Wold Nothing to report Legal Report: John Molitor Pending case with Bowens and their architecture firm for the cabin on the West side o Filed motion six weeks ago for judgment on the pleadings o Plaintiff has asked for additional delay to respond to motion o Barnetts, opposing neighbor, have filed motion to intervene in the motion o Should know more next month Does not appear to be any litigation from Traditions on the Monon Petitions H. Public Hearing 1. (SU) Carey Addition, Lot 3 Starting Line Preschool. The applicant seeks the following special use approval: Alexia Donahue Wold, Planning Administrator Angie Conn, Planning Administrator Kristyn Campbell, Planning Intern Mike Hollibaugh, Director, Department of Community Services WWW.CARMEL.IN.GOV Page 1 of 8 (317) 571 -2417 Carmel Board of Zoning Appeals May 29, 2012 Docket No. 12040004 SU ZO Chptr. 8.02 Special Uses, preschool on residential site. The site is located at 110 3rd Ave NE. It is zoned R- 2/Residence and lies with the Old Town Overlay Character Subarea. Filed by Diane Atkins. Present for the Petitioner: Dave Coots, Coots, Henke Wheeler; Adam DeHart, Keeler Webb; Diane Atkins, owner Starting Line Preschool Dave Coots: Original Special Use petition presented November 2011 Incorporated original submittal information into this file Site map shown o Masonic Lodge east with five or six parking spaces entering onto 3rd Avenue NE o Group home northeast built ten to twelve years ago o Neighboring properties are residential o Along 1 Street NE number of homes converted into businesses among the residences o Carmel High School less than one block east Tab 6 in booklet describes function and hours of school o Two classes per day o Number of students o How school operates o Traffic flow along 3 Avenue NE was big issue addressed in November o How to utilize existing on- street parking along west side of 3 Avenue NE o How to maximize use of on -site parking o Difference from November submittal o Children dropped off and picked up for morning and afternoon classes Mr. DeHart met with Department of Community Services and Department of Engineering o Proposal submitted with one way, southbound circular drive Accommodate three to four cars for parents dropping off children Teachers from school retrieve children at drop off At November meeting, Mrs. Plavchak recalled parents escorting children into building; leaving car along curb Creates two new entries onto 3 Avenue NE If dropped off from existing street right -of way, cars can go around delayed cars Engineering Department felt it would not accommodate what they had set out to accomplish Engineering preferred parking for Staff at north end of lot Engineering preferred using west side of 3 Avenue o Instruct people to enter from the north o Park on west side o Children exit from right side of car; not into traffic o Then left or right on 1 Street o Engineering favored this drop off procedure o Eyebrow (curved) entrance /exit would not be necessary Sign same as presented in November o Rendering shown o Size complies with Ordinance Page 2 of 8 Carmel Board of Zoning Appeals May 29, 2012 o Blade sign on corner of property Proposed Findings of Fact: o Believe this site in a mixed use area is suited for proposed use Alternatives included on site plan will accommodate generated traffic o Use will not have negative impact Agreed to six -foot fence for rear /west neighbor; with three -foot side fence to setback line along 1St Street NE Landscape along fence; screening rear /west neighbor o Compatible with existing use in that residential /educational use is contemplated by the Ordinance Special Uses are to be given favorable consideration under Indiana and Carmel Codes (Chapter 21 Carmel Zoning Ordinance) o Use will not adversely affect the compatibility or availability of utilities Already exist and being used on site House vacant several years o Do not believe proposed use will have negative impact on pedestrian or vehicular traffic Bicycle rack provided Employee parking provided Submitted site development for student drop -off Public Favorable: Theresa Brust, 3531 Rolling Springs Drive Lived in Carmel and operated businesses in Carmel over 42 years o Participates in many Carmel events o Raised children in Carmel Diane Atkins grew up in Carmel; active in many Carmel events Ms. Atkins began Starting Line Preschool in Ms. Brust's Performing Arts Center 17 years ago o Unique non denominational preschool; not daycare o Most preschools and daycares located in churches When Ms. Brust retired, Ms. Atkins was advised to relocate in strip malls at 146` Street, by Dairy Queen, by Meijer or by auto parks on 96 Street o Who would want a preschool in those locations? o She found this corner house with two big rooms, yard, easy in and out access o Like business across street o Activities and parties would not be held there; uses Monon Center and Performing Arts Center auditorium o Starting to understand why people did not want to buy her building and deal with Carmel o This is a well established business Hard to keep coming back for approval for any house in Carmel because it costs thousands of dollars Denial of this location could be the end of this preschool o Those streets are used for 6,000 Carmel High School students each day Twenty preschoolers would have an organized drop -off and pick -up Bryn Masiuk, 4836 Greenspire Drive Lived in Carmel ten years; education major Page 3 of 8 Carmel Board of Zoning Appeals May 29, 2012 Daughter and son graduated from Starting Line; youngest daughter enrolled at Starting Line Had been nanny for several families in Washington, D.C. o Did drop -offs and pick -ups for many children Looked at many options for her children o Starting Line fits a tiny niche that is not church -based or daycare Wonderful school with wonderful teachers Good fit for her family o Looked at different schools and different drop -off methods Common to drop children at curb and teachers escort them into building Parents are aware and it functions well Not a safety issues Parents are willing to do what they have to do so school can continue Lesley Semo, 1173 Angelique Court Three year old daughter is student at Starting Line Preschool Supports proposed location and drop -off Daughter loves the school and her teacher Watched video with concerns from November meeting o No parents were at the last meeting to support the school o Everyone loves the school and is comfortable with proposed drop -off procedure o Parents in attendance can answer any questions Public Unfavorable: Irene Bear, 241 2 Street NE, behind parcel Concerned about size of house and yard; seems small o No fencing o No backyard; only side and front yards Additional driveway in front would take quite a bit of the yard Concerned with amount of yard for outdoor play o Lots of traffic morning and afternoon for Carmel High School 7:30 -8:00 a.m. and 3:00 p.m. o Parking seems crowded for teachers One stall garage Not sure how many other cars could park in driveway o Preschool better option than daycare Concerned about parking and tight squeeze for driveway through property Kevin Lavelle, 621 1 sL Avenue NE Opposed to another commercial enterprise in Old Town Resurgence of new home construction in Old Town past five years; he was part of that Stable community requires stable residential neighborhoods o Enlarging commercial operation will slow residential construction and rehabbed homes Sounds like worthwhile operation, just not in Old Town residential area Encourage residential growth and minimize commercial growth in Old Town Page 4 of 8 Carmel Board of Zoning Appeals May 29, 2012 Bill Greenwood, 311 5` Street NE, three blocks north of property Northeast section of Old Town Carmel is the biggest and the best o Desired single family area with new construction o Constantly invaded by businesses Owns property on 2 Street with detached garage o When new streets and sidewalks were installed several years ago, he was unable to get curb cut for garage o This property would need double curb cut for circular driveway Use not good for surrounding area with the additional traffic Rebuttal: Dave Coots: Six -foot wooden fence would run along west/rear boundary to south elevation of house o Three -foot wooden fence would be thirty -three percent permeable Illustration shown: One inch between boards of six -foot fence Equidistant boards and spaces on three -foot fence Additional landscaping will screen property to west/rear o Property to north is screened by existing garage Also undedicated alley north side of property Masonic Lodge and Carmel High School are across the street from this proposed use and a group home to the northeast o Property has been vacant for two years, showing lack of desirability for residential use o Proposed plans for developing the site speak well for the proposed use Curb cuts on 3` Avenue NE are not preferred by Engineering Department o This proposal was considered to accommodate the objections of the Board in November o Engineering believes existing right -of -way along southbound 3` Avenue is adequate o Curb cuts are alternative if the Board decides against using 3` Avenue right -of -way Adam DeHart Had two meetings with Engineering Dept o Traffic plan looking at the design and on -street parking Off -street drop -off area with two curb cuts would eliminate two on -street parking spaces Focus of new streets and sidewalks in the area was to provide on -street parking designated for these residences Signage prevents Carmel High School students from street parking in that area Spaces are maximized for overflow use for residential or commercial School operational hours do not coincide with rush hour traffic o They fall between busy traffic times on 1" Street NE and 2 Street NE with high school Class hours are 9:00 a.m. to 2:00 p.m. High school comes 7:30 -8:00 a.m. and leaves 2:30 -3:30 p.m. Public Hearing closed. Page 5 of 8 Carmel Board of Zoning Appeals May 29, 2012 Department Report: Alexia Donahue Wold Letter from neighbor and Department Report forwarded to Board members Generally Special Use is looked upon favorably o Carmel Comprehensive Plan considers a school use appropriate next to residential o Department does not feel proposal is appropriate for this site Appreciate Petitioner's efforts to accommodate drop -off with proposed drive onto site Engineering not in favor of that alternative o Takes away some on -street parking o Would not add any on -site parking Without curved drive, same proposal as November o Department does not feel previous concerns adequately addressed Other possible ways to engineer the site to work with flow of traffic and drop -off o Met with Petitioner and Engineering Department this morning One idea was pave alley on north of property through to existing north /south alley Flow of traffic could come through alleys (north then east) o Drop off in front of school o Alley would provide room for stacking of cars instead of along 3 Avenue right -of -way Without curved drive, proposal has not significantly changed Department did not support Petition unless site issues can be affectively addressed. Discussion: Six -foot fence would screen house owned by Ms. Ocaranza; west of site o Would extend to south corner of house o Three -foot fence extend from south corner of house to property line o Three -foot fence would enclose remainder of property o Fence terminates at northwest corner of house o No fence or gate at current driveway o Play area enclosed within three -foot fencing on south section of parcel At November meeting Ms. Atkins was asked to look into Fire Code and number of individuals permitted in building o Covered at Technical Advisory Committee with Fire Marshall Mr. DeHart: Stated the petitioner for the State Building Release which would have purview of the Carmel Fire Department to review the plans has been issued by the current property owner, Kass Development. They have made accommodations to take care of all the access, number of students, fire safety and occupancy of building so it would be in compliance with State Building Code and Indiana State Fire Code Number of students (29) is less than allowable student occupant count Diane Atkins: Two year old classroom on Tuesday and Thursday has maximum ten children and two teachers Page 6 of 8 Carmel Board of Zoning Appeals May 29, 2012 Four year old classroom has maximum of fifteen children and two teachers Monday, Wednesday, Friday four year olds still there with maximum of fifteen Three year olds are maximum of twelve with two teachers One full- service bathroom in each classroom o One is wheelchair accessible Afternoon class is children from the morning class Children come at 9:00 a.m. o Some leave at 11:30 a.m. o Or the enrichment option takes the children until 2:00 p.m. o Less traffic at 11:30 a.m. and 2:00 p.m. o Total of 27 children Less cars because families with more than one child in preschool Discussion continued: Discussed alley for stacking cars at today's meeting with Engineering o Have not had opportunity to assess cost o Alley is not paved or used Nothing visible on aerial o City right -of -way does exist o Does not appear to be any structures along north /south alley Integrity of neighborhood important o Cars dropping off children is not a neighborhood type of setting Existing exterior lighting on building would be turned on and off manually in case of sudden darkness from storm Keith Trump, 7455 Central Avenue, Indianapolis, current property owner ADA ramps, front and back, would be lit, as well as pathway lighting and exterior safety lighting Property has fireproof basement for shelter o Basement used for storage and evacuation He provided State and City with life safety plan that met approval o Separate emergency exit for younger children provided o Met with Fire Marshall and reviewed plans o Submitted to State as E/Educational facility Property will use regular City trash pick -up Discussion continued: Distance along 3` Avenue permits eight vehicles to line up and stop o Balance of cars will be headed south on 3 Avenue until spot opens Action: Mr. Coots asked to table the Petition to investigate cost to improve alley for stacking cars. Note: Board concerned about width of street for parking along street for drop -off and traffic for area. Additional Information from Ms. Atkins: Board is concerned about twenty -seven cars dropping off and picking up at the same time. Page 7 of 8 Carmel Board of Zoning Appeals May 29, 2012 Adjournment Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: The Meeting be adjourned. The meeting adjourned at 7:00 PM. Approved this o Parents come early and late o She could have drop -off from 8:55 -9:15 a.m. o They are not stopped for ten minutes o Parents pull up, teacher takes child from car and driver goes on o There might be ten cars at one time waiting to pick -up or drop -off o Drivers to not get out of the car o 9:00 a.m. has all the drop -offs o Pick -ups are at 11:30 a.m. or 2:00 p.m. day of esident James R. Hawkins Page 8 of 8 20 j2, MOTION CARRIED UNANIMOUSLY Secretary- C� nie gley Filename: 20120529.doc