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HomeMy WebLinkAboutAdditional InformationConn, Angelina V From: Diane Atkins [dkatkins22 @msn com] Sent: Saturday, April 21, 2012 6:57 PM To: Conn, Angelina V; Donahue -Wold, Alexia K; Mindham, Daren; Littlejohn, David W, Akers, William P, Huffman, David, Thomas, John G, greg.hoyes @hamiltoncounty in.gov; gilko @crossroadengineers com; Duncan, Gary R; Redden, Nick; david.lucas @hamiltoncounty in gov; Hohlt, William G; Blanchard, Jim E, Duffy, John M; Green, Timothy J; Ellison, Christopher M, Krueskamp, Theresa A; Forward for Westermeier, Mark, jason lemaster @hamiltoncounty in gov; brooke.gajownik @hamiltoncounty in g, jason.kirkman@mybrighthouse.com, shirley hunter @duke- energy com; gary.mcnamee @duke- energy.com, jlclark @vectren com, dan.davenport @aes.com, dwhiting @citizensenergygroup com, rfarrand @ccs.kl2.in us, ryan.hartman @ctrwd.org, troy yackle @sug com, doland w wise @usps gov; sk4986 @att.com Subject: Starting Line Preschool Zoning Docket #12040004 SU Additional information that was needed: Number of employees: 4 Number of Students: Max per day = 25 Hours of Operation: 9.00 am — 11:30 am and 11:30 am — 2:00 pm Schedule for the building: Preschool classes for children ages 2 — 5 years of age. Classes are offered Monday — Friday Each age level meets at different days and times. 2 classes are held each day at the two different times. Adam Dehart has sent the rest of the information for the building. Let me know if you need anything else. Thank you, Diane Atkins, Director Starting Line Preschool 317 - 753 -6148/ 317 - 753 -9397 KEELER -WEBB ASSOCIATES Consulting Engineers • Planners Surveyors TELEPHONE (317) 574 -0140 www.keelerwebb com 486 Gradle Drive Carmel, Indiana 46032 2eee ;yea( 6-2.5_7 Re: (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 with the Old Town Overlay Character Subarea. Filed by Diane Atkins. REQUIRED NUMBER OF STACKING SPACES Per ITE Appendix and ITE Journal prepared by Traffic Engineers: Data was submitted for one day care facility in Texas, during the peak hour. The facility had 94 children present ages 2 -5. The facility operated in a manner that required the parents to park their cars and escort the children into the facility. The hour service rate was 46 vehicles over a 20 minute time frame (10 minutes before and after scheduled end time). A maximum of 8 vehicles in 5 minutes parking /stacking were observed. CONCLUSIONS 1. Starting Line Preschool staff will escort the children from the sidewalk adjacent to the on- street parking to the classroom. This will improve traffic flow and decrease waiting time and required stacking spaces. Additionally, a drop off plan will be forwarded to parents to provide an efficient traffic flow to and from the site. 2. 4 parking spaces are provided for staff in the existing driveway; therefore staff will not impact the surrounding on street parking spaces. This will leave the on street parking spaces free to be used as stacking /parking spaces for arrivals and departures. 3. Starting Line traffic will not impact business rush hour or arrival and departure times of heavy traffic at Carmel High School. The staggered daily starting and ending times are in between the starting and ending times for Carmel High School. 4. Starting Line Preschool will have a maximum of 27 students. Using the ITE data we would expect the following to take place: a. A maximum of 4 vehciles stacked /parked in 5 minutes. Ther�are 4 delineated on street .arkin. s.a - • it of the .ro•oses • siness on 3 venue NE, Additionally, there are 4 more delineated. k.iragi tarkin : es along 3rd Avenue NE. b. We wou . e . - - e icles would be dropping off students over a 20 minute time period (10 minutes before and after scheduled starting time). 5. The Starting Line Preschool would not adversely impact the traffic flow on 3`d Avenue NE. The level of service would also not be impacted. Respectfully, KEELER -WEBB ASSOCIATES 24_ Adam DeHart, LS, Project Manager 1112- 023 - STARTINGLINE- PRESCHOOL - ITE - STACKINGSPACES.doc i 1 CHAPTER 3 USE AND OCCUPANCY CLASSIFICATION SECTION 301 GENERAL 301.1 Scope. The piovisions of this chapter shall control the classification of all buildings and structures as to use and occu- pancy. SECTION 302 CLASSIFICATION 302.1 General. Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed below A room or space that is intended to be occupied at different times for different purposes shall comply with all of the requirements that are applicable to each of the purposes for which the room or space will be occupied. Struc- tures with multiple occupancies or uses shall comply with Sec- tion 508 Where a structure is proposed fot a purpose that is not specifically provided for in this code, such structure shall be classified in the group that the occupancy most nearly resem- bles. according to the fire safety and relative hazard involved. 1. Assembly (see Section 303)• Groups A -1, A -2, A -3, A -4 and A -5 2 Business (see Section 304). Gioup B 3 Educational (see Section 305)• Group E 4 Factory and Industrial (see Section 306)• Groups F -I and F -2 5. High Hazard (see Section 307)• Groups H -I. H -2, H -3, H -4 and H -5 6. Institutional (see Section 308). Groups I -1, 1 -2, I -3 and 1 -4 7 Meicantile (see Section 309) Group M 8 Residential (see Section 310) Groups R -1, R -2, R -3 and R -4 9. Storage (see Section 311). Groups S -1 and S -2 10 Utility and Miscellaneous (see Section 312)• Group U SECTION 303 ASSEMBLY GROUP A 303.1 Assembly Group A. Assembly Group A occupancy includes, among others, the use of a building or structure, or a portion thereof, for the gathering of persons for purposes such as civic, social or religious functions, recreation, food of drink consumption; or awaiting Uansportation. Exceptions: 1 A building used for assembly purposes with an occu- pant load of less than 50 persons shall be classified as a Group B occupancy. 2 A room or space used for assembly purposes with an occupant load of less than 50 persons and accessory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy 3. A room or space used for assembly purposes that is less than 750 square feet (70 m-) in area and is acces- sory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy Assembly occupancies shall include the following. A -1 Assembly uses, usually with fixed seating, intended for the production and viewing of the performing arts or motion pictures including. but not limited to Motion picture theaters Symphony and concert halls Television and radio studios admitting an audience Theaters A -2 Assembly uses intended for food and /oi drink con- sumption including. but not limited to Banquet halls Night clubs Restaurants Taverns and bars A -3 Assembly uses intended for worship, recreation or amusement and other assembly uses not classified else- where in Group A including, but not limited to • Amusement arcades Art galleries Bowling alleys Places of religious worship Community halls Courtrooms Dance halls (not including food or drink consump- tion) Exhibition halls Funeral parlors Gymnasiums (without spectator seating) Indoor swimming pools (without spectator seating) Indoor tennis courts (without spectator seating) Lecture halls Libraries Museums Waiting areas in transportation terminals Pool and billiard parlors A -4 Assembly uses intended for viewing of indoor sporting events and activities with spectator seating including. but not limited to • Arenas Skating rinks Swimming pools Tennis courts 2006 INTERNATIONAL BUILDING CODE® 23 USE AND OCCUPANCY CLASSIFICATION A -5 Assembly uses intended for participation in or viewing outdoor activities including, but not limited to. Amusement park structures Bleachers Grandstands Stadiums SECTION 304 BUSINESS GROUP B 304.1 Business Group B. Business Group B occupancy includes, among others, the use of a building or structure, or a portion thereof, for office, professional or service -type transac- tions. including storage of records and accounts. Business occupancies shall include, but not be limited to. the following Airport traffic control towers Animal hospitals, kennels and pounds Banks Barber and beauty shops Car wash Civic administration Clinic— outpatient Dry cleaning and laundries pick -up and delivery stations and self- service © Educational occupancies for students above the 12th grade Electronic data processing Laboratories testing and research Motor vehicle showrooms Post offices Pnnt shops Professional services (architects, attorneys, dentists, physicians, engineers, etc ) Radio and television stations Telephone exchanges Training and skill development not within a school or academic program SECTION 305 EDUCATIONAL GROUP E 305.1 Educational Group E. Educational Group E occupancy includes, among others, the use of a building or structure, or a portion thereof, by six or more persons at any one time for edu- cational purposes through the 12th grade. Religious educa- tional rooms and religious auditoriums, which are accessory to 1 places of religious worship in accordance with Section 508 3 1 and have occupant loads of less than 100, shall be classified as A -3 occupancies 305.2 Day care. The use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than five children older than 2'/2 years of age. shall be classified as a Group E occupancy SECTION 306 FACTORY GROUP F 306.1 Factory Industrial Group F. Factory Industrial Group F occupancy includes, among others, the use of a building or structure, or a portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or pro- cessing operations that are not classified as a Group H hazard- ous or Group S storage occupancy 306.2 Factory Industrial F -1 Moderate- hazard Occupancy. Factory industrial uses which are not classified as Factory Industrial F -2 Low Hazard shall be classified as F -1 Moderate Hazard and shall include. but not be limited to, the following Aircraft Appliances Athletic equipment Automobiles and other motor vehicles Bakeries Beverages; over 12- percent alcohol content Bicycles Boats Brooms or brushes Business machines Cameras and photo equipment Canvas or similar fabric Carpets and rugs (includes cleaning) Clothing Construction and agricultural machinery Disinfectants Dry cleaning and dyeing Electric generation plants Electronics Engines (including rebuilding) Food processing Furniture Hemp products Jute products Laundries Leather products Machinery Metals Millwork (sash & door) Motion pictures and television filming (without spectators) Musical instruments Optical goods Paper mills or products Photographic film Plastic products Printing or publishing Recreational vehicles Refuse incineration Shoes Soaps and detergents Textiles Tobacco Trailers Upholstering Wood, distillation Woodworking (cabinet) 306.3 Factory Industrial F -2 Low- hazard Occupancy. Fac- tory industrial uses that involve the fabrication or manufactur- ing of noncombustible materials which during finishing, packing or processing do not involve a significant fire hazard 24 2006 INTERNATIONAL BUILDING CODE® Carmel Board of Zoning Appeals November 28, 2011 • Community is under 100 families • Plan to begin construction within one year of receiving approval Discussion continued: • Topography is undulating o 35 feet is measured from average Motion: On a motion made by Alan Potasnik and seconded by James Hawkins: Docket No. 11100013 SU, Special Use on residential site and Docket No. 11100014 V maximum building height exceeds 35 feet with the caveat that maximum height of 35 feet is being applied to the domes and towers as presented this evening. MOTION CARRIED UNANIMOUSLY 8. (SU) Carey Addition, Lot 3 - Starting Line Preschool. The applicant seeks the following special use approval: Docket No. 11100019 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 Petitioner: Diane Atkins, owner of preschool • Lost lease for current school location on Carmel Drive • Looked at various buildings for school; strip centers, office buildings, houses • This house fits the needs o Near the high school o Parking in the driveway is not a problem with only four instructors o Students are dropped off and picked up • Cars will drive down 3rd Avenue, drop off and have access to other streets o Will not make any changes to outside of house o Would like to install fence in back and side yards for outdoor play areas Remonstrance: Pam Ocaranza, 230 1s` Street NE, backyard neighbor over 20 years • Many changes for residents in Old Town • This is a neighborhood with families • School would create more noise and additional traffic, close to private homes o Enough noise and traffic every day from Carmel High School o Preschool traffic would be in between the high school and grade school traffic times o Streets are often blocked from events in Carmel Arts & Design District o No one would want a playground and signs in their front yard • New Carmel distinctive style houses are being built in the area • Recently started working from home for the peace and quiet o Her office faces the back of this property o Screaming kids outside her office • Concerned about property value and future worth • Area is not zoned for business Page 6 of 13 Carmel Board of Zoning Appeals November 28, 2011 • There is a preschool building down the street • Would need privacy fence in place of wire fence • Feels property lines are not accurate o Ms. Ocaranza's fence is within her property, not on the property line o Not much back yard for children • In her opinion, a gentleman in the neighborhood wanders the streets and could be dangerous for children o He has never been convicted, but there have been issues with him • Her property is the only one directly impacted; very upsetting situation Rebuttal: Diane Atkins: • Had looked at the former preschool at the end of 1St Street o Renovations have removed the open space on the main floor o Only one bathroom with one toilet for the whole house o Would need reconstruction o This house has open floor plan with two bathrooms on the main floor • Not putting playground equipment in yard o Children will only be outside occasionally; 10 -15 minutes for free -play activities • Fence will be black chain link; not privacy fence o Children will use back door, therefore need fence o Children are supervised by four teachers when outside • Should not be able to hear children when they are inside Paul Dick, 13176 Fairwood Drive, McCordsville, IN, with Colliers International • Realtor that helped locate this property o Had looked for several months for location to meet preschool image o Selected because of the commercial zoning/variance usage o Several commercial properties in area o This would be transitional use • This will not subtract from property values o Enhances properties o Soft use of this property o Property has been vacant for over one year o Someone using and maintaining property will enhance area o Small sign will enhance village concept City is seeking Public Hearing closed. Department Report: Angie Conn • Site is still zoned residential o Received Use Variance approval in 2003 for a small business use • Generally Department is in favor of this transitional use o High school, Masonic Lodge, office building in area • Board could impose time limit to review use in a few years Page 7 of 13 Carmel Board of Zoning Appeals November 28, 2011 Department recommended positive consideration. Discussion: • With two front yards, fence height would be 3'V feet o Chain link would be permitted o Large tree would remain • Petitioner would commit to no playground equipment • State guidelines would be followed for number of children o Classes start at 9:00 am with 11:30 am transition and 2:00 pm pickup o Maximum of 15 children at 2:00 pm • Landscape exists with tall trees screening neighbor Earlene Plavchak • Concerned with use o Preschool facility available down the street that needs renovation o Main concern: 11:30 am, Monday through Friday, there could be 25 children picked up at one time • Twenty -five cars would need to park for pickup o Monday, Wednesday and Friday, 3 & 4 year olds — 12 children and Monday through Thursday, 4 & 5 year olds —15 children, equaling 27 children o Previous variance was approved because it was a very low impact use • Owner and possibly one employee; no customers coming and going • Remained residential in appearance • This use will change character of this area • It is not low - impact for a residential area o Chain link fence will not give any privacy; any dog could get to children through chain links • Preschool is good but not at this location Diane Atkins responses: • No playground or fence at location down the street, small triangle side yard • Many families have children in both classes; 12 of 15 students stay until 2:00 pm o Could stagger start times • Was told six feet fence permitted in back yard/neighbor's side yard and three and one - half feet in south and east front yards o Willing to install privacy fence • Sign in front of house would not be visible to Ocaranza property • Parents will not be parking o Pull up and teachers will meet children o Parents will drive off o Just like preschools at churches o Parking at Masonic Lodge and Carmel High School as well as along street would allow parents to park and come in • Note: Masonic Lodge and Carmel High School are not preschool parking areas Page 8 of 13 Carmel Board of Zoning Appeals November 28, 2011 Discussion Continued: • How many occupants does Fire Code permit for this property? o Spanish as a second language preschool gave this information • No street parking between 8:30 am and 9:30 am o Will parents line up along the street for 9:00 am class? • Per Staff: sign plan submitted meets Old Town Overlay requirements for square footage • Property line between parcels indicated in photo o Children will be entering on other side of property o Driveway on west is double -width with covered two- garage on north side • Five cars will fit in driveway Diane Atkins Responses • Still looking into Fire Code number per request of Fire Marshall • Line of cars with parents in the cars /not parked o Previous location has parking lot o Willing to change start times to alleviate traffic • Very narrow area; not sure any room for evergreens between the two houses • Confirmed parents drop off and teachers take children out of the car Earlene Plavchak • Always got out of the car when dropping off her preschool -aged children, took child out of car seat and walked them into the building • Preschool down the street had driveway that came up to the front door so parents could get out the car and take children into the building • Teachers cannot leave children in the building to come outside to get another child • Does not feel this is appropriate site for a preschool Ephraim Wilfong • Not appropriate to use other properties for parking without permission • Not comfortable with Ms. Atkins not knowing maximum number of occupants to meet Fire Code Diane Atkins Responses • Parking outside Masonic Lodge is public parking filled with Carmel High School students' cars o Current parents would be okay with dropping children, instead of taking siblings out of the car when bringing in student o One teacher would be in the classroom and one greeting the students • Fire Marshall comfortable with number of students for square footage, provided they meet State Standards for educational use James Hawkins • Did not feel the Board had all the answers they need • If Petition denied, six -month waiting period before re- applying Page 9 of 13 Carmel Board of Zoning Appeals November 28, 2011 • Petitioner should research Board's questions to mitigate concerns o Drop -off and pick -up o Maximum number occupants for square footage o Student/teacher ratio • Recommended tabling Diane Atkins Responses • Felt Board's main concerns were drop -off and pick -up; willing to stagger start times of classes • Occupancy is within Codes • Other Fire Code concern is doors opening the other way Ephraim Wilfong • Could be Code Enforcement issue if a neighbor would complain about the traffic /parking between 8:30 am & 9:30 am John Molitor • Did not know precise restrictions; early hours restriction is to keep high school students from taking all available street parking • Property owners have permits for on -street parking • Masonic Lodge probably does not invite non - members for parking James Hawkins • Thought some parking permits were sold to the high school students John Molitor • Permits could be sold for private parking permits, not public street parking Diane Atkins Responses • Four teachers includes her; all will park in the driveway • Drop -off and pick -up will be along street • Considered circular drive o Transportation said that would cause more traffic problems o Only about 20 yards from the door to the street Earlene Plavchak • Concerned with parking requirements for employees; lined, number, etc Angie Conn • Different parking requirements for school versus business o Usually one space per classroom to accommodate teachers o Also, one per every six students o Old Town Overlay has fifty percent reduction of parking o Numbers are okay for parking for teachers o Parking for teachers is not an issue like the pick -up and drop -off parking Page 10 of 13 Carmel Board of Zoning Appeals November 28, 2011 Kent Broach • If tabled, could work with Department on staggered starting times, privacy fence to screen neighbor's view James Hawkins • Work with neighbor to mitigate concerns Diane Atkins Responses • If tabled when could she come back? (next meeting January 24, 2012) • Will be out of her building December 17 with nowhere to go • Either this will work or she will be back at the drawing board Motion: On a motion made by Alan Potasnik: Approve Docket No. 11100019 SU, Special Uses, preschool on residential site. Amended by Kent Broach: subject to working with the Department to resolve issues discussed (staggered start times, compliance, screening, work with neighbor, traffic pattern, etc.) Earlene Plavchak did not feel Petitioner willing to work with Department on problems on her own. Did not see point in amendment. Motion seconded by Earlene Plavchak. MOTION DENIED 1-4 (Broach favorable) Legal Report continued: John Molitor. • Mr. Hollibaugh issued a Letter of Determination for Traditions on the Monon o Planned Unit Development on 136th Street near Monon Greenway o Various owners within the development, along with the developer, have been trying to work with Staff regarding various issues that have come up with the Planned Unit Development regarding infrastructure o Both sides have appealed various determinations within the letter o Appeals come to the Board of Zoning Appeals for interpretation of the Planned Unit Development Ordinance o Appeals could consume a substantial portion of the January meeting o Issues when brought to Appeals on both sides: • Public notice to be given by suspending Article 6 of Rules of Procedure with respect to notice: • Staff provide the public notice of both Appeals to affected property owners, instead of both appellants providing notice • Notice would be sent by regular mail only, instead of certified mail, because all property owners within the Planned Unit Development are already aware of the appeals Page 11 of 13