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CARMVIE L BOARD OF ZONING APPEALS
DEPARTMENT REPORT
JANUARY 29, 2013
3-4. (UV& V)'Midwest Academy, 1420`Chase Court
The applicant seeks the following;use variance and development standards variance approval for a school use in an
M-3/Manufacturing Park District:,
Docket No. 12110008 UV .ZO Ch.20D.01 Permitted Uses.
Docket No. 12120019 V ZO Ch.27.08 Parking spaces,94,required& 71 proposed
. The site is located at 1420 Chase Court. It is zoned M-3/Manufacturing Park District. Filed by Thomas Engle of
Barnes and Thornburg on behalf of Midwest Academy,Inc. ,
p< q 4,.„.-,:-,--
, vii, .;71,-- v.434:., , ,General'Info:
4 .° s A `! , �� 44,4:,,44, The Petitioner requests Use Variance.approval to allow a school in
4 U r ; F o.,1■ i '"' an M-3/Manufacturing Zone The site is at the end of a cul-de-sac
. , ,,...„'� i i , •" '` '"�•1 i � , which has existing M-3 uses as offices,a piano store,and an
. f indoor sports complex. To the west are town homes and an under
� 1� r �$ construction senior living development. The petitioner also
�" , t,',-, ` ,l requests a variance°to reduce the amount of parking from 94
. - ,, ', :. + ''rtr ,, spaces to 71. Please see the petitioner's information packet for Aw
"44% :+� 4 s 'P x ' '. .+ o +4e,� more details.
le ' Analysis •
„� Use Variance• In most zoning districts schools are permitted by
t'-=-z F ,; ,G E special use however,the M-3 manufacturing district does not
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. v ' � , _{�n ;��`4"° permit '._ : .._ permit residential.
r - ermit them at all. It does however ermit some
; U, f, -, According to the.Zonmg Ordinance, the purpose of the M-3
3, r t
r ' � ,
i r, `t� r .` ° Manufacturing Park district is to create and protect land areas for
'`�” �-- �. ° ' development of unified preplanned manufacturing and other
compatible land uses within a park like setting." A school could be a compatible use at location,especially
considering the surrounding uses and the smaller size of the school. The school plans to move into the existing building
and:no major changes are planned for the site:
The Carmel Clay Comprehensive Plan(C3 Plan)designates this area as an Area for Special Study on the Land Use Plan
and so does not give much guidance.. However;the Appropriate Adjacent Land Classifications Table does classify an.
Institutional Node as a best fit nextto an Employment Node as well as Attached Residential. An existing wooded area
along the western property line should be preserved'and will provide a bufferfor the attached residential. Based on the
proposed use,the existing surrounding uses,and the existing buffer DOCS is supportive of this Use Variance.
. Parking Variance: .Theparking variance`would allow a reduction in onsite p"a"rking from 94 spaces to 71 spaces. The
parking requirements-for°a school require 1.space-per employee,2 spaces-per elementary classroom,and 10 spaces per
secondary classroom. Theclassroom sizes at Midwest Academy are much smaller than a typical high school classroom
and so less parkingis needed; Also,due to the nature of the Petitioner's student body,not as many students drive and so
less parking is needed: There will still be adequate parking available onsite and this variance should not have:a negative
effect on surrounding properties or theconimunity. DOCS is supportive.of'the'Parking Variance.
Petitioner's Findingsof Fact;12110008 Use Variance:
1. The granting-of-this variance will not be contrary to the public interest, due to the existence of special
condition(s).such thatenforcement of the zoning ordinance will result:in unnecessary hardship because:
the Carmel Zoning :Ordinance only permits elementary and secondary schools in limited areas (mostly
. residential)by Special.Use. The academy serves a constituency that is not localized in a particular area of the .
city-and-is better able to fulfill,its purposes if located in'the central area of Carmel where available sites for
schools are limited.
2. The granting of this variance will not be injurious to the public health, safety, morals and general
welfare of the community because: the present location of the academy on,Congressional Blvd. in Cannel is
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close by and is also located in the M-3 zoning district. Relocation to Chase Court will not substantially
change itsimpact on the community.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any
adverse manner because: there are many school already located in the North Central planning area of
Carmel, including ,a Ball State University charter school nearby on West Carmel Drive; the academy's
existing facility is not far from this location.
4. The need for the variance arises from a natural condition peculiar to the subject property because:
Midwest Academy is presently located in the North Central planning area of Cannel and there are few, if any,
properties in this area where a Variance or Special Use would not be required for a school use.
5. The granting of this variance does not substantially interfere with the Carniel/Clay Comprehensive Plan
because: the Comprehensive Plan recognizes that the North Central planning area is home to many of the city's
educational resources and calls for opportunities to introduce additional educational resources in this area.
Petitioner's Findings of Fact: 12120019 V Parking.
l. The approval of this variance will not be injurious to the public health,safety,morals,and general welfare of
the community because: the parking requirements are based largely upon class size and the property currently has a
sufficient number of parking spaces given the small class sizes of the academy.
2. The use and v_alue of the area,adjacent to the property included in the variances-will not be affected in a
substantially adverse manner because:the proposed school use will be-compatible with the adjacent properties and
uses;there are several school located in the North Central planning area of Carmel, including a charter school on West
Cannel Drive.
3. The strict:;application of the terms of the Zoning Ordinance to the property will result in practical difficulties in
the use of the property because: additional parking will not be necessary for the proposed school use due to the
small class sizes and would be an unnecessary expense;.construction of additional parking on the site would likely.
have an adverse effect on the landscape buffer located along the west property line.
Recommendation:
After all comments and concerns have been addressed,the Dept. of Community Services recommends positive
consideration of Docket No. 12110008 UV and 12120019 V.
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