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HomeMy WebLinkAboutMinutes BZA 06-25-12ye City of Carmel MINUTES Carmel Board of Zoning Appeals Regular Meeting Monday, June 25, 2012 6:00 pm Council Chambers, Carmel City Hall Present: James Hawkins, President Kent Broach Earlene Plavchak Alan Potasnik Ephraim Wilfong Connie Tingley, Recording Secretary Staff members in attendance: Legal Counsel: John Molitor Rachel Boone, Planning Administrator Alexia Donahue Wold, Planning Administrator Angie Conn, Planning Administrator Previous Minutes: On a motion made by Earlene Plavchak and seconded by Ephraim Wilfong: The Minutes for the meeting dated May 29, 2012 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Rachel Boone • Nothing to report Legal Report: John Molitor • Pending litigation for accessory structure on Bowen property on the West side o Bowens and their architects filed motion for summary judgment in opposition to motion previously filed by the Board for judgment on the pleadings o Barnetts, opposing neighbor, have filed motion to intervene in the motion o Court has not ruled on any of the motions o In conjunction with the attorney for the Barnetts, Mr. Molitor has filed a request for an additional thirty days to respond to the motion for summary judgment o Court has not yet ruled if Barnetts will be allowed to intervene o That would take it to August 7, at which time the Board needs to file their response • He may ask for an Executive Session next month if anything additional needs to be discussed W W W.CARM EL.IN.GOV Page 1 of 6 (317) 571 -2417 Carmel Board of Zoning Appeals June 25, 2012 Public Hearing: 1 -2. (V) Franciscan St. Francis Health — Signage. The applicant seeks the following development standards variance approvals: Docket No. 12040021 V ZO Ch. 25.07.02 -11 d): Ground sign height (8' proposed, 6' allowed) Docket No. 12040022 V ZO Ch. 25.07.02 -11 b): Number of signs facing west ROW (2 proposed, 1 allowed). The site is located at 12188 N Meridian St. and is zoned B -6 /Business within the US 31 Overlay. Filed by Steve Granner of Bose McKinney & Evans for HCRI Carmel Building A. Medical Facility, LLC and HCRI Carmel Building B. Medical Facility, LLC. Present for the Petitioner: Steve Granner, Bose McKinney & Evans and Robert Stefanski, Property Manager • Two identical - looking buildings on Meridian Street (height, color, construction) o 12188A North Meridian and 12188B North Meridian • Involved zoning history since 2004 when Illinois Parkway was constructed on west side behind these buildings o Additional ground was zoned for additional parking o Commitments in Rezone called for directory and ground identification sign at north and south entrances o Variance granted in 2008 allowed that sign to be eight feet tall • Tab 6B shows existing sign • These variances are for similar sign at south entrance to meet Rezone Commitments o Height variance allows eight feet like existing sign o Second variance allows them to move permitted sign from the Meridian Street frontage to Illinois frontage to be consistent��� • Tabs 6C and D show eight -panel signs • Current ADLS approval discussions are for four panels on each sign o The north sign (Bldg B) will be rebranded to Franciscan St. Francis Health o The south sign (Bldg A) will be North Meridian Medical Pavilion • Working on these details with Plan Commission Public Hearing closed Department Report: Rachel Boone • Site has lengthy history of variances to try to accommodate the different tenants • These two variances are needed to finalize the site now that second building is fully occupied • The previous Commitment Amendments did not account for second entrance sign to be eight feet o Commitment Amendment is before Plan Commission Committee o This will make both signs the same in construction, lighting, etc. at main entrances on Illinois Parkway The Department recommended favorable consideration of both Dockets Motion: On a motion made by James Hawkins and seconded by Earlene Plavchak: Page 2 of 6 Carmel Board of Zoning Appeals June 25, 2012 Docket Nos. 1204021 V and 12040022 V, Franciscan St. Francis Health signage be approved, for ground sign height (8 feet proposed, 6 feet allowed) and number of signs facing west right -of -way (2 proposed, 1 allowed), pending approval of Docket No. 12040020 CA for height. MOTION CARRIED UNANIMOUSLY Old Business: 1. (SU) Carey Addition, Lot 3 - Starting Line Preschool. The applicant seeks the following special use approval: Docket No. 12040004 SU -- ZO Chptr. 8.02 - Special Uses, preschool on residential site, The site is located at 110 3'd Ave NE. It is zoned R- 2/Residence and lies within 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 • Concern from last meeting was traffic adjacent to proposed use o Advisability of using unimproved alley right -of -way along north boundary of property for stacking of cars • Intersects with north /south alley from 1 `l Street to 2°d Street o Worked with Engineering Department • Difference in grade between street, sidewalk and unimproved alley • Neighbors in block unanimously opposed improvement of alley llp • Would take away existing vegetation • Provide additional roadway for high school students iii;,,, • Number of residents use north /side alley and west end of this alley for personal parking areas o City Engineering Department does not have issue with stopping that use but applicant does as a neighbor in the area • Cost prohibitive is central concern to using alley • Drainage improvements needed for area • $200,000+ to make alley usable o Sink holes along City right -of -way indicating sub - surface tile o Report submitted from Adam DeHart relating issue of stacking of cars to similar uses o Report by Gary Duncan, Carmel City Engineering Department • Traffic numbers for use of four employees and maximum of 25 students per day • Hours of operation of 9:00 a.m. to 11:30 a.m. and 11:30 a.m. to 2:00 p.m. • Staff would arrive at 8:30 a.m. • School drop -offs would start at 8:50 a.m. through 9:10 a.m. • Some students leave at 11:30 a.m. • Balance of students leave at 2:00 p.m. • Mr. Duncan was concerned with proposed curved drop -off driveway /eyebrow • Two new curb cuts • Because of distance, does not increase availability for number of cars to stack Page 3 of 6 Carmel Board of Zoning Appeals June 25, 2012 • Available parking spaces along entire block accommodates average spread out of cars for delivery and pick -up of children o Four in front of subject property and four in front of property directly north • Mr. Duncan was not in favor of traffic /pedestrian conflicting points at two new locations (curb cuts) along 3rd Avenue • Mr. Duncan concluded width of street permits parking along one side with ability for two cars to pass (total street width 24 feet) o On -site parking driveway /eyebrow would be a complication for pedestrian/vehicular traffic • All staff members will park off -street in four spaces /driveway north of the house • Angular parking along 3rd Avenue would create a different/separate traffic movement (backing out into traffic flow) o No conflicts with high school traffic: • High school begins at 7:50 a.m. with students arriving prior to that hour • Bus traffic does not use 1st Street or 3`d Avenue • Students arrive at Starting Line Preschool at 8:50 a.m. with release at 2:00 p.m. • High school dismisses at 3:10 p.m. • Engineering did not see a conflict with high school traffic o Department of Engineering is of opinion that P Avenue NE in its current configuration is able to accommodate peak traffic from the requested use for twenty minute drop -off each day (8:50 -9:10 a.m.) • Staggered start time drop -offs would be 8:50 -9:10 a.m. and 9:05 -9:25 a.m. — spreading out delivery of morning students • Pick -up times at 11:30 a.m. and 2:00 p.m. divides number of students • Request to Condition the Board's approval to applicant's use only o If she no longer operates the facility as a preschool, the Special Use terminates and would not be transferrable to any subsequent purchaser /user • Request Conditions of not transferring Special Use and staggered start times be added to application for approval • Would like to incorporate records from two previous meetings as total part of record being considered Department Report: Alexia Donahue Wold • Had not met recently with Gary Duncan, Carmel Engineering Department, regarding his latest report o Was in line with their previous discussions. o He did not oppose using the street for the on -site drop -off o He was against the curved driveway /eyebrow for drop -off • Had talked with Petitioner about imposing a time limit, staggered drop -off times, and circulation pattern for drop -off to avoid confusion and limit traffic impact The Department was in support of the proposed Conditions to the use Discussion: Page 4 of 6 Carmel Board of Zoning Appeals June 25, 2012 • As Condition of approval, this Special Use would be for her use only and would terminate upon her terminating her agreement with the property. • Staff included three possibilities for the Board to consider in the Staff Report o Time limit be imposed on this use as a trial period • Petitioner is acquiring this property, but would agree to time limit if necessary o A clear, strict circulation pattern should be submitted and enforced by the Petitioner o Staggered drop -off times to reduce number of students being dropped off at one time • Mr. Coots indicated part of the parent/teacher communication will be start time and path to approach from the north to deliver students • This will increase intensity of the site o Traffic will not coincide with high school, but there will be more traffic in the neighborhood during all times of the day o At November 2011 hearing, Petitioner suggested parking could be mitigated by using high school parking area due east of the site or spots across the street at Masonic Lodge • However, permission has not been given to use those parking areas o There is no way for the Board to enforce or police the circulation pattern • Another preschool property within the community parks within areas that are not their property, causing problems with the neighborhood • There is not an area on this site to accommodate the parking • Roadway is there, but this increases the intensity for the area • Mr. Coots indicated Ms. Atkins has the prerogative of terminating any student's participation if rules are not followed o Feel this will not be a problem once parents are informed of circulation pattern of driving south on 3rd Avenue to drop off children and teachers taking children into the school o This will add to morning and afternoon trips on streets, but there are B -5 and B -3 zoned properties across the street o This is a transitional use for the area • Mr. Molitor stated there is case law that Board's approvals of Uses and Variances run with the land and approvals cannot be limited to a specific person or petitioner. He did not feel such a condition would be enforceable. o Mr. Coots had researched the condition being placed on the approval • He did find a line of cases that address it in terms of whether or not the use sought to be approved and condition placed upon it is personal to the applicant. If the use is pertinent part to improve the health, safety, convenience and welfare of the citizens and the plan for the future development of the community. Then such conditional conditions can be applied to the use. • It is an established record as part of the application being submitted to the Board. • He would orally move to amend the Special Use application to add as a Condition to its approval that "they be required to establish a plan for purposes of informing parents how to access and depart from the property and that the approval would be personal to the applicant/Diane Atkins." Motion: On a motion made by Alan Potasnik and seconded by Kent Broach: Docket No. 1204004 SU, Carey Addition, Lot 3 — Starting Line Preschool be approved, for preschool on residential site, as Amended by the Petitioner: 1. Special Use applies to this applicant Page 5 of 6 Carmel Board of Zoning Appeals June 25, 2012 (Diana Atkins) only; 2.Circulation drop -off pattern enforced for clients /parents; with Condition: 3. Staggered drop -off times to reduce number of students being dropped off at one time. MOTION CARRIED 3 -2 (Hawkins and Wilfong negative) Adjournment Motion: On a motion made by Ephraim Wilfong and seconded by Earlene Plavchak: The Meeting be adjourned. The meeting adjourned at 6:45 PM. Approved this . 4'1 day of 20 Page 6 of 6 MOTION CARRIED UNANIMOUSLY Secretary - C,±ahnieI ►mgley Filename: 20120625.do