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Home My WebLink AboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT MAY 28,2013 9-12. (V)Primrose Preschool at West Carmel,Lots 63-66 of North Augusta Sec.2 The applicant seeks the following development standards variance approvals for a new preschool. Docket No. 13030017 V ZO Ch.23C.10.02(2) Foundation Plantings Docket No. 13030018 V ZO Ch.23C.10.02(3) Peripheral Plantings,eliminate north buffer Docket No. 13040023 V ZO Ch.25.07.02-03b) Number of signs(2 proposed, 1 allowed) Docket No. 13040024 V ZO Ch.25.07.02-03b) Sign not facing public right-of-way The site is located at 3738,3740,3742,&3746 W 98th Street and is zoned B-3/Business and S-1/Residence (pending a rezone to B-3)within the Michigan Road Overlay. Filed by Roger Kilmer of Faegre Baker Daniels on behalf of Primrose. 1\ r .' •, . S� \-';'', -x�$ 1 1 General Info: :` e r o s r. k n The Petitioner requests Variance approval,as a g,,�. , i -."-' part of a new preschool development,to 'r ` � %��* ' ‘\., " eliminate most of the re wired foundation N , 3 plantings;reduce the peripheral buffer .,F w1 , . , c _i�': it- a" ,, -� �, plantings;and allow additional signage. The r k ti '"�" \.,--, g- ` 'n' -. . :, . site does not front on Michigan Road but is \ ;"� a ., t• .° t "lf4 located just west in what is currently North :� ` � ta ,,. 1 �' � ,'� Augusta Subdivision. As a part of this } A: �, ,, development,the petitioner is also seeking a �"Al.\ - : 1-- replat of the lots,DP/ADLS approval,and a �,, ` ,"� r, ' ,' € . P 1 tr. rezoning approval to permit the use To the r� :`" > • west is vacant commercial land to the north is , , :r ,G'1 0 ' r '• � commercial development,and to the east and 3 ,' , 72..?-v------4,„,,- '-1• - 0 south are single family homes. Please see the .4:- , #�u A.,� , w , .�7. � � x petitioner s •information packet for more , � '. ', 1 details.AI ,i Analysis: ,� x R▪ ' • a +�k. The requested variances are minor and should ' '''''A‘\'' a 4 .1a 4�• ° `` ,'Ix_ not be a detriment to the surrounding ,,, n f A '+ g ' ,a rb L t - properties. L _ ;A� 4 x y - While the Michigan Road Overlay r ve L , t _.c c a p am x. '' . , ,,5 requires foundation plantings and they would enhance the building,in this case they would also be a detriment to the use as a preschool. To mitigate this variance,the petitioner is willing to plant the foundation plantings around the outside of the fenced in play areas and elsewhere on site. The Department is supportive of this variance. - The peripheral plantings are meant to serve as a buffer between uses. In this case,however,there is already a buffer along the property to the north. There is also an existing drainage easement along a portion of the northern property line which does not allow certain plantings to be located within it. The petitioner will still install peripheral plantings and landscaping along the other project boundaries. The Department is supportive of this variance. - The proposed signage for this project meets the size and height requirements of the zoning ordinance.The variance request is caused by this site only fronting on one public street—98th Street. With the approval of this development, Walnut Creek Drive will be extended south to connect to 98th Street,which is always a goal of the Department to provide connectivity between sites wherever it is possible to do so. However,because it is a private drive, it is not allowed to have signage by right. The Petitioner has proposed an additional wall sign to face this private drive. It is a small, 12 sq. ft. wall sign of their circular logo. It will be designed to integrate into the building architecture and match the ground sign as well.The square footage of both signs combined is less than the 75 sq. ft. allowed for the size of the building. The Department is in support of these two signs,because of how well they are designed with the building architecture,the modest size and proposed lighting,and they will provide adequate identification for the site. 9 1 Petitioner's Findings of Fact—Docket No. 13030017 V: 1. The approval of this variance will not be injurious to the public health,safety, morals,and general welfare of the community because: the foundation plantings are interior to the site and as many as possible will be relocated to areas outside of a fenced area per the landscape plan. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: the foundation plantings are interior to the site and as many as possible will be relocated to areas outside of a fenced area per the landscape plan. 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: if located in compliance with the Zoning Ordinance,the foundation plantings would be in play areas and accessible by young children resulting in safety issues and potential harm to the plantings. Petitioner's Findings of Fact—Docket No. 13030018 V: 4. The approval of this variance will not be injurious to the public health,safety, morals,and general welfare of the community because: a landscaping screen is already in place along the north property line of the site as a berm and mature plantings were provided when the adjacent retention/detention area was established. The required peripheral plantings on this site would not serve a purpose of screening any adjacent uses, and the variance will provide needed flexibility to this redevelopment project. 5. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because: the adjacent commercial area to the north is served with a substantial existing buffer area. 6. 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: the north property line contains a drainage easement(Lot 63)and an overhead electrical line and borders a berm with mature plantings. No plantings are permitted within in the drainage easement and due to the electrical line,only low growing plantings would be permitted in this area which would only serve to screen the berm and existing plantings on the adjacent parcel. Petitioner's Findings of Fact—Docket No. 13040023 V& 13040024 V: 1. The approval of this variance will not be injurious to the public health,safety, morals,and general welfare of the community because: the granting of this variance will permit two signs for the preschool;one ground sign to be located on the public right-of-way of 98th Street and a wall sign on the west façade which faces the existing private access easement(known as Walnut Creek Drive). The wall sign location faces commercially zoned property and will aid in patrons identifying the preschool.Both signs are designed in a similar character to other commercial signs in the area. 2. The use and value of the area adjacent to the property included in the variances will not be affected in a substantially adverse manner because:the adjacent properties are either zoned for commercial uses or identified in the Comprehensive plan as future commercial sites. The two signs requested would be consistent with commercial development that fronts on two streets.This use is also a good transitional use in that the surrounding area is still residential currently. The signage is modest and will respect the residential properties that remain in the area today. 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: The Zoning ordinance recognizes only public streets as street frontage,therefore the frontage along the recorded access easement(Walnut Creek Drive)does not qualify for signage,even though the road will function as a public street with motorists using it to gain access to the site and those commercial sites north of this proposed development. The Zoning Ordinance would limit this project to signage only on 98th Street,which would not be very visible from Michigan Road or to those customers approaching the site from the north. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 13030017-18 V&13040023-24 V. 10