HomeMy WebLinkAboutMinutes COM 08-06-19 problem is it hasn't been done yet.The City has issues with private roads because an agreement is in
place,but just hasn't happened yet.The City has no teeth to spur maintenance,nor does the City want to
accept the road in its existing condition and get stuck rebuilding it. We want our tenants to be happy and
access the site without incident;we just haven't worked out all the details yet. Alan Potasnik: My
concern is if this is a private road,you are trying to get participation by the neighbors.They haven't
committed yet to make sure someone commits to maintain the road.Rachel Keesling: This is a private
matter.Alan Potasnik: As long as it does not become a City manner.Rachel Keesling: The City will not
accept the road in its current condition.
• In the Department Report under Architectural Design it states"The north and south elevations will have
no windows,but a stair-stepping effect in the height of the building,decreasing as the building moves
east."Can you explain that to me?Rachel Keesling: The building is taller on one end and decreases in
size as it moves east.Alan Potasnik: What does that have to do with windows?Rachel Keesling: There
are no windows, but this is a way to modify the height of the building to provide some architectural
emphasis on the facade.Alan Potasnik:The lack of windows is an architectural element?It has nothing
to do with anything else?Rachel Keesling: Yes. The building is boxed shaped,but they are trying to add
some design elements by varying the height of the roof.
• You are happy with the commitment regarding the sign ordinance?Rachel Keesling: Yes.
John Adams:
• It seems like the real show stopper, if there is one, is the road. It is obviously not useful for semi-trucks.
Would I be safe in saying that users may use 96th St.to access Mayflower Park Dr.?Adam Dehart: That
is the shortest route,yes. We are considering that as well,to repair the road enough to access the site.
John Adams: That was going to be my statement, if you can't get enough owners to contribute to road
repairs,just repair the section between 96th St.and your facility.Adam Dehart: Fortunately we are not
that far from 96th St.John Adams: You obviously wouldn't go ahead with construction of the building
until the road is resolved. Am I correct in saying that?Or are you doing both simultaneously?Adam
Dehart: Pretty much simultaneously in the grand scheme of things,but the building will take longer to
work on than if we rebuild the road.
Alan Potasnik:
• Rachel,you mentioned we do the two separately. Rachel Keesling: They have addressed my concerns
and I would like to readjust my Department Report recommendation.
John motions to approve Docket No. 19050012 with the conditions that the Engineering Dept.,CFD,and
Urban Forestry give final approval,Laura seconds,motion passes 3-0.Absent Kirsh.
Alan Potasnik: Before I introduce the next two items,Rachel,you mentioned we should take the rezone and
Development Plan(DP)/(Architecture,Design, Lighting, landscaping, and Signage)ADLS separately. Should we
just hear the rezone tonight and next month hear the DP/ADLS?Rachel Keesling: The petitioner has addressed
Staffs concerns and I would like to change my recommendation to approving the DP/ADLS tonight. We can hear
both of them tonight.
2. Docket No. 19050026 Z: Rezone S-1 to B-3
3. Docket No. 19050027 DP/ADLS: Take 5 Quick Lube
The applicant seeks rezone, site plan and design approval for a new auto service/oil change facility on 0.66
acres. The building will be approximately 1,500 sq.ft.,about 32'tall,and will have 8 parking spaces provided.
The site is located at 9799 N. Michigan Road. The site is currently zoned S-1/Residential with a proposed change
to the B-3 zone,and is within the US 421 Overlay. Filed by Elliot Smith of Baldwin Capital Partners.
Petitioners: Elliot Smith(Take 5 Indiana)&Andy Morrison(Take 5 Indiana)
Elliot Smith:
• Would you like to go over the rezone first?Alan Potasnik: Let's go over the rezone. Elliot Smith: This
is pretty straight forward. This parcel is the last residentially zoned parcel on Michigan Rd. from the
original plat,when the subdivision was first developed. Staff has sought this rezone for quite some time
now. The request is to rezone the two-thirds acre to B-3/Business(B-3). We are incompliance with the B-
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3 and US 421-Michigan Road Overlay. We received approval for two development standards variances
(19060009-10 V)at the July 22,2019 Board of Zoning Appeals.
• Rachel Keesling: Elliot said it well;this is the last residentially zoned parcel along Michigan Rd. It is
also within the US 421 —Michigan Road Overlay,meaning the development has to abide by stricter
architectural, setbacks,and greenbelt standards. Staff has been hoping that a rezone would occur with this
parcel.The property can be used for commercial uses in the future instead of needing Use Variances,
which are specific to one type of use. Staff is in support of the rezone.
• Rachel Keesling: B-3 is appropriate for this area.To the north is B-3.Elliot Smith: There is a preschool
to the north that is B-3 and a hotel to the south that is B-6/Business.Rachel Keesling: It is in line with its
surroundings.
• Alan Potasnik: Let's move forward with the DP/ADLS.
• Elliot Smith: The proposed development is a drive-thru oil change concept.You stay in your car through
the duration of the oil change. There is no waiting room. Last year the average bay time across the system
was 9 minutes. We are local franchisees in the Indianapolis metro.
• Since last month there have been some changes to the elevations including the signage(see document
titled Elevations (V3) 07-29-19).
• A photometric plan has been provided and we meet the foot-candle requirements.(Titled: Photometric
Plan)
• New signage has also been provided and it meets the requirements.
• The two variances received on July 22°a are for drive-thru vehicle stacking and the minimum gross floor
area.
• The dumpster enclosure needed to match the building and it has been revised. I recently sent this to Staff
and am not sure if it is exactly in compliance, but it is a lot better.Rachel Keesling: It is brick now. It
was fencing previously.
• Staff asked for lot coverage verification. It is 42%, so no issues there.
• The Urban Forester has approved the plans.
• The last two outstanding items are the state requirements for the oil containment and disposal. We first
looked at the Indiana requirements; Indiana administrative code 32913-6-6 mirrors the federal regulation
verbatim. We then looked at the federal requirements.40 Code of Federal Regulation Part 279 discusses
what to do with oil from refiners,transferring,and storage. We are closest to what is considered a transfer
facility,however,we touch and use the oil less than what a true transfer facility would be.In Part 279 a
few items are touched on;a storage unit is required,used oil may not be stored in anything other than
tanks,which we have two of,and above ground tanks must be in good condition and not leaking.Alan
Potasnik: These are above ground storage?Elliot Smith: Yes.There also has to be a secondary
containment.
• One of the items in Part 279 reads,the entire containment system including walls and floors must be
sufficiently impervious to used oil to prevent used oil from getting into the soil and water. Our system and
layout covers this.
• There are nine oil rhino tanks,of new oil,that we store on the side near the bays. The new oil tanks are on
the western side of the building and the used oil tanks are on the east side.A technician guides the
customer into the bay. There is no basement but there is a four-foot hole in the ground.There is a pan that
moves back and forth and we can catch the used oil.After the oil is in the drain pans,it is then pumped
into the oil tanks by a gasoline rated hose that is routed to the storage room. Once those are full then the
used oil and oil filters are reclaimed and refiltered by OSHA(Occupation Safety and Health
Administration)certified oil companies. Laura Campbell: When you say the oil is picked up?Elliot
Smith: It is a hose that is hooked up to the tanks.The big item here is the secondary containment function
to make sure if anything were to happen to the tanks the oil would flow into the bay pits where the
technicians typically change oil. The pits are four-foot deep and fully concrete. The oil would not go
anywhere and would not seep into the ground.
• Rachel Keesling: Is the hose used to pump the oil from the pan into the tank out on the floor?Elliot
Smith: It's under the concrete.Rachel Keesling: So it's protected?Elliot Smith: Yes. Even if there
wasn't a hose and the tanks burst,they are all in the same room and the oil would seep back through the
door and into the pits.
• Rachel Keesling: Are there people that inspect that or do you need to report anything?Elliot Smith: I do
not know.John Adams: Probably not unless there is a spill.Elliot Smith: The company that picks up the
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oil is much more regulated because they drive around with oil in their truck.Andy Morrison: At a higher
volume.
• Elliot Smith: The amount of liquid the pits can hold is more than what is in all the tanks.You wouldn't
know there was a spill unless you walked into the building. Rachel Keesling: Is there a sensor in the
tanks or in the pits?Elliot Smith: There is a sensor on the tank that lets you know how much is in the
tank. If it burst then it's our problem really and not anyone else's.John Adams: There is a low
probability that the tanks will rupture.The biggest problem will be in the pumping mechanism;the hose
springs a leak,but it sounds like everything is well contained. One thing I suggest is notifying CFD that
there will be large quantities of oil.Rachel Keesling: That may be a part of the building inspection.Alan
Potasnik: Is that a part of the Technical Advisory Committee(TAC)?Is CFD apart of that?Rachel
Keesling: CFD is a part of TAC. Once they go through the building permit process they go through the
building inspection process as well.John Adams: If it is not a part of the formal process it's a good idea
to let CFD know.
• Alan Potasnik: My concern was addressed when it dawned on me that everything would be taken care of
inside. If a spill occurred at Rickers then it would be outside.There are wells around this property,but
anything that leaks out of these tanks would be inside and anything that does leak out would have
difficulty filling a tank. Elliot Smith: There are two used oil tanks each 330 gallons.At most 660 gallons.
The plans show three,but we only have two. Each pit is about 1,700 gallons.Three tanks would not even
fill one pit.
• Alan Potasnik: Have you had any environmental concerns at different locations?Elliot Smith: We do
not have any other locations because we are franchisees.
• John Adams: Do the customers drive in over the pit or do your technicians drive it in?Elliot Smith: The
customers drive their car in with our direction. We have pretty tight procedures.No one is in the pit when
a car is pulling in.
• Alan Potasnik: When you take inventory, is it in bulk or individual?Elliot Smith: Bulk.Alan Potasnik:
What is the chance that something might go wrong with the delivery with bulk oil?Elliot Smith: Low.
There is always a chance that something may happen.Alan Potasnik: Nothing is pumped in?It is all
delivered enclosed?Elliot Smith: Yes,big oil rhino tanks. They are thick plastic containers. We do have
some individual specialty oil. It is stacked along the edge of the room and is poured into engines.Alan
Potasnik: It is not delivered by some truck and pumped into the facility?It already comes enclosed?
Andy Morrison: We have tons of different brands, high mileage, synthetics,and blends. Elliot Smith:
They would come to deliver oil and take the used oil tanks.
• John Adams: The incoming inventory is in small containers?Elliot Smith: They are either 80 gallons,
120 gallons,or 220 gallons and are smaller than the used oil tanks.Andy Morrison: We will go through
300 gallons a week.John Adams: What about containment for those barrels?Elliot Smith: It would be a
similar type of containment to the used oil.They are right next to the pits along the walls.John Adams: I
have more concern about a 200 gallon drum being knocked over or run into. Elliot Smith: No car can
touch them. They are enclosed.
• Alan Potasnik: Are there any questions with regards to the rezone or DP/ADLS?
• Laura Campbell: Do we have to address this separately?Rachel Keesling: Yes. The rezone has to be
sent to City Council(Council)and the DP/ADLS can be approved here.
Department Report: Rachel Keesling:
• If I can add two things: I need Engineering signoff but I know the project engineer sent a detailed plan set
to Engineering. Staff would like approval contingent upon Engineering sign off. I now know the lot
coverage and the dumpster design is sufficient. I have no issue with the design of the building.
• A lot of trees are saved on the site.
• Lot coverage is only 42%. It is a fairly small lot.
• Two variances needed are for building size and vehicle stacking were acquired.
• Staff is in support of the project and rezone.
Laura motions to forward Docket No. 19050026 to City Council with Favorable Recommendation,John
seconds,motion passes 3-0.Absent Kirsh.
Laura motions to approve Docket No. 19050027 with the condition that Engineering gives final approval,Alan
seconds,motion passes 3-0.Absent Kirsh.
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