Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES June 18, 2008 MEMBERS PRESENT: 2000’s. Mr. Stires added the property consists of 10.08 acres and was recently rezoned back Rudy Williams, President to R-2 Residential after the previous owner Harold Smith, Vice President had rezoned it in 2004 to B-3 Neighborhood Connie Klungness, Member Shopping Center. The latest owner, Quad Greg Spencer, Member Building LLC intends to lease the former Willie Rayford, Member school building to the applicant (Anderson Preparatory Academy) for a public charter MEMBERS ABSENT: school. OTHERS PRESENT: Mr. Stires stated the submitted site plan shows the proposed academy will re-utilize the Tim Stires, Assistant Development Director former school building this fall for grades 6,7 Stephanie George, Board Secretary, and 8. They have already enrolled over 200 Dave Wilbur, Sr. Zoning Administrator; and students, with a waiting list started. Mr. William C. Kreegar, Assistant City Attorney Stires added the one-story, 34,000 sq. ft. school building will not have any new exterior ROLL CALL AND DECLARATION OF A changes or additions constructed for the new QUORUM: school facility. Mr. Smith called the meeting to order at 4:37 Mr. Stires stated that nothing has changed on p.m. Ms. George took roll call and declared the building since it was a school. They still a quorum with five members in attendance. have plenty of parking with 46 total hard Mr. Spencer performed the Invocation and Mr. surfaced parking spaces. Mr. Stires added Williams performed the Pledge of Allegiance. since this was an elementary school there were no students of driving age, so they have MINUTES: plenty of parking spaces on site for their staff. The Figure 9 Requirements call for the school The minutes were not ready before this to have only 14 parking spaces for staff, so special meeting. They will be heard at the they far exceed the requirement for parking. next meeting. Mr. Stires stated no new parking is being planned in the future at this point in time. BUSINESS: Mr. Stires added as the years go by, they hope to add additional grades, so at that time they PETITION #16-08 may have to revisit the parking issue. Submitted by Anderson Preparatory Mr. Stires stated there are no plans to change Academy and Quad Building LLC for a or add to the pre-existing landscaping on the Special Exception for a School located at school site. No new exterior lighting is being 3205 West 25th Street (formerly 25th proposed. Mr. Stires added as of today Staff Street Elementary School.) has received additional information, there will be one small temporary sign added to the site Mr. Stires stated this property is located at plan. It will go out by the sidewalk along West 3205 West 25th Street on the south side and 25th Street. The sign will be 3 ft. by 4 ft. by 4 was the former site of the 25th Street ft. high, and easily meets the City’s sign Elementary School which closed in the early ordinance requirements. 1 Mr. Stires stated they have an approved Mr. Shine stated they anticipate students will covenant regarding an earlier agreement be driven in by their families, at least for the during the rezoning process, that sidewalks first few years. Mr. Shine added under the need to be installed on this school property, agreement this won’t necessarily be a either now or sometime in the future. They neighborhood school, where all the children have reached covenant agreement with us would be walking to the school. that the 5 ft. wide concrete sidewalks will be installed along 25th Street within the next two Charles Braddock, 1106 Meridian Plaza, (2) years from the time this petition is stated he is representing Anderson approved. Preparatory Academy. Yes, they are planning sidewalks and they will get them constructed Mrs. Klungness asked we do have a covenant within the time frame and do it as quickly as on this? Mr. Stires answered they have it with they can. Mr. Braddock added it will be along them, it is finished, and I now have it in my the frontage of 25th Street and meet all the hands. City’s standards. Mr. Stires stated the access to this building is Mr. Braddock stated he is not aware if they the same. There are two access drives one off have received applicants from the immediate of 25th Street and the other off of Moore Road. area, but if they do, we will certainly work with them and their families to make sure of Mr. Stires stated Staff is recommending their safety. Mr. Braddock added the driveway approval of the special exception (for a school) off of 25th Street and off of the side street because the proposed Anderson Preparatory provides plenty of access for safety of Academy petition meets or exceeds all of the unloading of children even if children were to Figure 9 Requirements and all setback be in the area to come to the school and be in a requirements and this is just another safe mode. educational alternative for the City of Anderson. Mr. Williams stated he is pleased that this site is being reused as a school instead of Mr. Stires stated the covenant has been being left vacant, like so many properties are reviewed by our attorney and has his here in Anderson. approval. Mrs. Klungness stated thank you. Mr. Braddock stated if they receive favorable Jerry Shine, 911 Meridian Plaza, Anderson, blessing tonight, they would be moving stated on behalf of the Quad Building LLC, forward post-haste because it is the intent of they have a petition of support which is signed the school to have classes there at the school by about 20 neighbors along 25th Street and at the beginning of the fall semester. Moore Road, and consists of the neighbors in the immediate vicinity. This was submitted to Mr. Williams asked when is the cut-off for the City Council on June 12, 2008. enrollment, 200? Mr. Braddock stated at the present time yes, and if they can, they will go Mr. Shine stated they feel like they have met higher to 240, and they are at their first year all the Figure 9 Requirements and this is the goal. Mr. Braddock added that will allow them best interest and best use of the property since to do the things within the building that they this was originally a school. need to do, such as remodeling as they go. Mr. Williams stated he was pleased to see that Mrs. Klungness asked is this a different kind there were not going to be any students of of school than our public school, and if so, how driving age at the academy. Mr. Williams are they different? added he is always in favor of sidewalks and cross access. Would there be no safety hazard Mr. Braddock stated this will be a public to the students along 25th Street? charter school it is under separate statutes, 2 the curriculum will meet all state Mrs. Klungness asked this has nothing to do requirements, but as to the make of the with any kind of law enforcement? Mr. school, he turned it over to Mr. Guillaume. Guillaume stated the students are in a program with the US Air Force Auxiliary, Robert Guillaume, 9877 W. Co. Rd. 750 South, because they built the school on a pyramid of Knightstown, stated it is a public charter academics, leadership and character school authorized by Ball State University, development and community service and and under guidance and direction of all State patriotism. statutes like any other public school. They are directly tied presently with the Department of Mrs. Klungness asked how would this serve a Education and they are accredited. Mr. public need and convenience? Mr. Guillaume Guillaume added there is no tuition charged stated the response of over 220 families for to the students. 240 students that in and of itself shows the need of the community. Mrs. Klungness asked who would benefit from this school in our community? Mr. Guillaume Mrs. Klungness asked a large percentage of answered it will increase property values in those were from our community? Mr. the immediate area of the school. Guillaume answered yes, and this is the largest first year charter in the history of the Mrs. Klungness asked would children of our State of Indiana. community go to this school, would it be restricted to just our community? Mr. Mrs. Klungness asked if parents have to bring Guillaume answered most definitely, public their children everyday, then you would not be charter schools are open to any student in the providing busses? Mr. Guillaume stated the State of Indiana. State of Indiana for charter schools does not provide any transportation funds at this point. Mrs. Klungness asked do they have to meet certain criteria then? Mr. Guillaume stated Mrs. Klungness asked based on needs they no, they are a public school and they would might provide it in the future? Mr. Guillaume accept children with special needs or any of answered yes. those criteria. Mrs. Klungness asked does this particular site Mrs. Klungness asked Mr. Guillaume to allow you to grow and meet the needs for the define special needs for her. Mr. Guillaume future? Mr. Guillaume stated at this point in stated if you have students who are special time, they are very satisfied with this location. education, you don’t have the criteria that you must make a 2.8 grade point average. Mrs. Klungness asked Mr. Stires about the previous tenants of this building. Mr. Stires Mrs. Klungness stated she is not clear on replied the owners, the Smiths, when they what a charter school is. Mr. Guillaume stated rezoned this property to B-3 wanted to run an they have some autonomy, they are a college E-bay business and rent the building out for preparatory curriculum and do set some events. guidelines as far as the atmosphere of the school, and they have tried to prepare an Mrs. Klungness asked has their been any atmosphere that is very structured, structural changes, has it always remained disciplined and highly focused on the the same? Mr. Stires answered yes. academic accomplishment. Mr. Guillaume added all of the students are required to put Mr. Rayford asked is there any particular in hours of community service giving back to reason why you chose Anderson for this the community as a part of attending the school. Mr. Guillaume answered yes, they school. studied demographics and Anderson had the infrastructure and population, those were the big pull in bringing the school to Anderson. 3  Mr. Williams asked you mention the Air Mr. Spencer asked the charter school Force, is it like the ROTC, or military style? hierarchy or organizational structure, you Mr. Guillaume stated it is the Civil Air Patrol (Mr. Guillaume) would be the superintendent? Cadet program. There will be one day a week Mr. Guillaume answered yes. where there will be cadets and the other days they will be in parochial style of school Mr. Spencer asked is there a board that will uniform. Mr. Guillaume added the uniforms oversee his (Mr. Guillaume) operation? Mr. will be like Roncali or Cathedral. Guillaume stated they have very strict guidelines, the proposal was two (2) in the Mr. Kreegar stated just for clarification, the making, Ball State has their attorneys and all sidewalks that are the subject of the covenant of their staff they go through the proposal will only be on West 25th Street, it will not with a fine tooth comb. Mr. Guillaume added include Moore Road. they are a not for-profit 501C3, and have a board that has to meet all State laws, codes Mrs. Klungness made the motion to approve and statutes. They have a board that has final Petition #16-08 based on the following say on policies and the hiring and firing. findings of fact. The proposed special exception is in a proper zone district. The Mr. Spencer asked how is that board requirements of Figure 9 have been met. The appointed? Mr. Guillaume answered they proposed special exception will serve a public have a founding board when the school first need and convenience by providing this school originates, and that founding board based for our community as well as those in the upon Ball State’s directors and State whole state can be participants in this school requirements then they move into the and their enrollment is where they wanted it directing board, then they have by-laws they to be, that is encouraging. The proposed have to follow. special exception will not permanently injure the appropriate use of the surrounding Mr. Spencer asked there are checks and properties because it was previously a school balances? Mr. Guillaume answered yes, more and it will be a school again and it will stringent than most other organizations. enhance the community. The proposed special exception is consistent with the spirit, intent Mr. Williams asked how the idea of Anderson and purpose of the zoning ordinance because for this school came about? Mr. Guillaume they are expanding the options for learning, stated the idea began about twenty (20) years promoting growth with the use of the existing ago. Mr. Guillaume stated he has been in building. Based on those findings and also education for 35 years at the post secondary noted there will be a covenant regarding collegiate level. He added public charter sidewalks on file and approved by the legal school law in 2001 allowed for all students department. Mr. Smith seconded. Motion now to have access to this type of education, passed 5 yes, 0 no. without the high tuition cost. PETITION #19-08 Mr. Williams asked if you hadn’t gotten the Submitted by Dauss Architects and First okay for charter schools, everybody would be Church of the Nazarene for a Special going to public school? Mr. Guillaume stated presently there are 50 charter schools Exception for a Church. operating in the State. The founding members liked Anderson and they thought it would be a PETITION #19A-08 nice fit. Submitted by Dauss Architects and First Church of the Nazarene for a Variance Mr. Williams asked if the staff has already from the Lot Coverage Requirement been picked? Mr. Guillaume answered yes, located at 2300 Jackson Street. and most were from Anderson. 4 Mr. Stires state this property is located at the parking lot and through the center of the 2300 Jackson Street. The church recently was parking lot. A satisfactory isolume plan is on successful in petitioning the Anderson City file and there is no new signage planned as Council to vacate a portion of West 24th Street part of this parking lot project. (.16 of an acre) which will allow the church to add more parking for their members. Mr. Stires stated the City’s Comprehensive plan classifies this property as “Traditional Mr. Stires stated the submitted site plan Residential.” The traditional residential areas shows the proposed expansion of the church’s include primarily single-family residencies, parking lot by incorporating the vacated West but can also include small parks, open spaces, 24th Street right-of-way between the existing schools, churches and multi-family residences. church parking lots on the north and south This project is not in conflict with the City’s sides of West 24th Street. The enlarged Master Plan. parking lot coupled with the restriping of the lot will increase the number of on-site parking Mr. Stires stated the petitioner is seeking a spaces from 146 parking spaces to 166 parking waiver from the Board’s Design Standards for spaces. Mr. Stires added this is an increase of curbing. The petition indicated the existing 20 parking spaces. church parking lots do not include curbing along the south and east borders of the paved Mr. Stires stated the petitioner notes the surface. Mr. Stires added the current parking church has a long-standing agreement with lot surface drains towards Meridian Street to St. John’s Medical Center to share parking the east and West 24th Street to the north and facilities. Mr. Stires added the church is the petitioner believes installing curbing along allowed to use St. John’s parking on Sundays, the east and south would prevent storm water while the staff at St. John’s uses the church from draining over the existing grass area, parking lot during the week. which helps dissipate the water flow and volume. Mr. Stires stated the Figure 9 Requirements call for all public sidewalks to be constructed Mr. Stires stated Staff is recommending on all adjacent streets. Mr. Stires added the approval of this special exception (church), site plan shows concrete sidewalks existing on variance (lot coverage) and waiver (curbing), all sides of the church. because this proposed expanding parking lot will enhance the neighborhood and help the Mr. Stires stated the site plan shows the church provide additional parking and meet addition of eleven (11) landscaped islands the needs of their congregation. throughout the expanded parking lot. In attempt to boost their green space, yet they do Mike Dauss, 227 Historic West 11th Street, fall short of the lot coverage requirement. Mr. submitted a project presentation to the Stires added with the church property and the members. Mr. Dauss stated the overall aerial City’s right-of-way which they intend to photo, the quarter block south of the church include with their landscaping plan, they fall and the vacated 24th Street, is why they are short by five (5) percent, and that is why they before the board. Mr. Dauss added the area is are seeking a variance from lot coverage in a hard surfaced paving from lot line to lot line. R-4 Residential zone district. Mr. Stires stated Staff would note the petitioner has made a Mr. Dauss stated the reason for this project is concerted effort in boosting their landscaping to help the expanded needs of the church and plan by adding parking lot islands and their programs. upgrading the parking lot perimeter landscaping. Mr. Dauss stated the existing site plan shows the church property as it is now, and there are Mr. Stires stated the site plan shows nine (9) 60 parking spaces in the lot to the south with 400 watt metal halide lights on 25 ft. high the vacating of 24th Street. Mr. Dauss added poles will be placed around the perimeter of the church wants to achieve three (3) things, 5 1.) to improve traffic flow in the parking lot, because this property only has two (2) feet of 2.) added safety and improved lighting, and 3.) fall, from one side to the other, it is very flat to improve the landscaping. and flows off towards Meridian Street and that area of grass helps to keep that water Mr. Dauss stated they can only count green from getting to the sewer system, and that is a space from property line to property line, it is combination sewer still in that area. Mr. far in this case to point out how much of the Dauss stated they are working with Mr. right-of-way on Meridian Street and also on Spyers to develop a plan to collect any Jackson Street that the church maintains. Mr. additional waters that they’ve created or Dauss added as part of this project they will trapped, which is going to happen with the come back in at the closure of 24th Street and vacation of 24th Street, but that will be plant out in that right-of-way space. They collected and detained under the parking lot have maintained the plantings out there all on site, and a controlled release to the along. combination sewer on Meridian. Mr. Dauss stated that the landscape islands Mrs. Klungness asked was it hard to get 24th were done for traffic flow, but also at the Street vacated? Mr. Dauss stated once they request of Council when they went before brought it before Council it wasn’t a big them to vacate 24th Street along the alleyway problem, and it should be pointed out that to create a buffer along the parking lot. houses off of 24th street were rentals and are no longer owned by that particular landlord Mr. Dauss stated according to the site plan because the church closed on those properties they are coming off of the property line that here recently. Mr. Dauss added the church is borders up to the alley so there is sufficient now the only landowner on that section of 24th room within the parking lot area for two (2) Street. cars to pass because that concern has been addressed during the previous hearings. Mr. Mrs. Klungness asked they are not changing Dauss added this is an improvement over the the amount of hard surfacing that is there? sea of black asphalt, and it will help the Mr. Dauss stated it is going to be less, with church’s members with their safety and ability more plantings. to get from their cars to the door. Mr. Dauss added the addition of lighting will help their Mrs. Klungness asked Mr. Kreegar since they safety also. are asking for a special exception for a church, it is just changing the footprint? Mr. Kreegar Mr. Williams asked the twenty (20) parking stated correct. spaces, is that going to be adequate? Mr. Dauss stated this project is not just adding Mr. Williams asked by putting landscaped parking spaces, as it was as much to help the islands in, does that cause a parking problem? safety of the congregants. Mr. Dauss added Mr. Dauss answered they would like to max when 24th Street was still in place the parking out, but during the hearings for the members would park in that south parking vacation of 24th Street along the alley it was lot, they would traverse the snow plowing and noted to try and provide some sort of piles of snow to get across 24th Street. Mr. separation between the parking lot and the Dauss added the opportunity of having 24th alley so there would be a buffer to the Street closed and vacated gives them the residential area. chance to make one contiguous parking lot. Mrs. Klungness made a motion to approve Mr. Williams asked with the drainage, do they Petition #19A-08 based on the following have to go through the City Engineer? Mr. findings of fact. The approval of the proposed Dauss answered yes, Brad Rayl’s office is in variance would not be injurious to the public the process of completing the drainage plans health, safety, morals and general welfare of on that. Mr. Dauss added one reason why they the community because they are taking two are seeking the waiver from curbing is (2) parking lots and bringing them together 6 and adding landscaping. The approval of the ATTEST: ___________________________ proposed variance would not adversely affect Stephanie George, Board the surrounding properties because it is an Secretary existing parking lot and for the same reasons as she previously mentioned. The strict application of the terms of the zoning ordinance would result in practical difficulties in the use of the property, if the proposed variance were denied because it is more than just getting additional parking, because it will improve the parking area, plus adds safety for their members to gain access into the facility. Mrs. Klungness added there is green space that is not counted in this, but the church maintains it and it is in the right-of-way that would still enhance this hard surfaced area. Mr. Spencer seconded. Motion passed 5 yes, 0 no. Mrs. Klungness made the motion to approve Petition #19-08 based on the following findings of fact. The proposed special exception is in a proper zone district. The requirements of Figure 9 have been met or variances have been granted. The proposed special exception will serve a public need and convenience because it will provide a greater safety for the participants to get into the church when the weather is inclement. The proposed special exception will not permanently injure the appropriate use of the surrounding properties because it is not currently owned by the church. Mrs. Klungness added we are still looking at parking lots and a hard surface street. Mrs. Klungness emphasized the petitioner is going to redo the parking layout, improve drainage and add plantings to improve the aesthetics of this area. The proposed special exception is consistent with the spirit, intent and purpose of the zoning ordinance because it is promoting the growth of the church, providing more parking spaces and safer environment for the congregation. Also, grant the waiver for the curbing as was discussed before. Mr. Spencer seconded. Motion passed 5 yes, 0 no. Meeting adjourned at 5:23pm BY: ______________________________ Rudy Williams, Chairperson 7