HomeMy WebLinkAboutMinutes BZA 07-24-00 CITY OF CARMEL, CLAY TOWNSHIP ,G1 P'�` M
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BOARD OF ZONING APPEALS vNor
JULY 24, 2000
The regularly scheduled meeting of the Board of Zoning Appeals met at 7:00 PM on July
24, 2000 in the Council Chambers of City Hall, Cannel, Indiana.
Members present were: Leo Dierckman; Michael Mohr; Earlene Plavchak; and Charles
Weinkauf.
Steve Engelking, Director; Laurence Lillig; and Terry Jones were present representing
the Department of Community Services. John Molitor, Counsel, was also present.
The minutes of the June 26, 2000 meeting were approved as submitted.
John Molitor reported that there are a couple of cases pending in litigation. The cell
tower case is pending on a Motion for Dismissal filed on behalf of the Board. The
Kingswood Homeowners Association and Martin Marietta Materials case regarding
mining activities in the area of 106th Street and Hazel Dell Road has gone through
extensive mediation efforts and there is a settlement agreement drafted, but not yet
approved by all parties.
Mr. Molitor requested that the Board schedule an Executive Session prior to the August
meeting in order to discuss these two cases. It is hopeful that further reports can be made
at that time.
Laurence Lillig reported that items lh-3h under Public Hearing, Cherry Tree Elementary,
Docket Nos. V-62-00, V-63-00, V-64-00, were requested to be Tabled to the August
meeting. Also, item 14i. under Old Business, Brooks Landing at Prairie View, Section 1,
Lot 3, Docket No. V-56-00, has likewise requested to be tabled to the August meeting.
H. Public Hearing:
lh-3h Cherry Tree Elementary, TABLED TO THE AUGUST MEETING.
NOTE: Charles Weinkauf re-ordered the Agenda to hear items 5h and 6h, Our Lady of
Mount Carmel, as the first order of business. Board Members Leo Dierckman and
Earlene Plavchak recused themselves from this Docket, as well as John Molitor, Counsel,
inasmuch as they are members of the Our Lady of Mount Carmel parish.
Wayne Haney and Timothy Tolson replaced Board Members Leo Dierckman and Earlene
Plavchak as voting members of the Board for the express purpose of voting on Our Lady
of Mount Cannel, items 5h and 6h only.
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r 5h-6h Our Lady of Mount Carmel (V-66-00; V-67-00)
Petitioner seeks Developmental Standards Variances of Section 25.7.02-5(b);
Number & Type to allow an additional Institutional identification sign in lieu of a
changeable copy sign, and to allow a 144 square foot, 16 foot tall scoreboard.
The site is located at 1047 146th Street. The site is zoned S-2/Residence.
Filed by Paul G. Reis of The Reis Law Firm for the Roman Catholic Diocese of
Lafayette in Indiana.
Paul Reis, attorney, 12358 Hancock Street, Carmel, appeared before the Board
representing the applicant. Also in attendance was Glenn Richey, Comptroller of Our
Lady of Mount Carmel Parish, and Mark Monroe, land use planner/assistant.
The first variance to be addressed is the request for an additional institutional sign for the
grade school at 146th Street and Oakridge Road. The school and church are located on
the west side of Oakridge Road, south of 146th Street. The second sign being requested is
located in the athletic field on the east side of Oakridge Road.
Specifically, an additional identification sign is being requested for the grade school.
Identification Signage is proposed at the entrance to the school building. At present,
there is signage for the location of the gymnasium, but no identification signage for the
school itself. The petitioner is proposing one quarter inch cut out of letters that will be
gold, stud mounted, in the style shown on the overhead. These letters will be placed
above the entrance into the school.
The second variance being requested is for a recreational field scoreboard on the east side
of Oakridge Road. Approval is being requested to erect signage in the existing athletic
fields, south of 146th Street. The signage is 12 feet in height and 18 feet in width; there
will be an additional panel on the scoreboard recognizing Coca Cola which is donating
the sign to the School and the Church. The scoreboard will be used on Sunday
afternoons for the youth football games during September and October and will provide
information not only to the players and coaches but to the spectators as well. The
scoreboard is consistent with the overall use of the property as an athletic field and will
not detract from the neighborhood in any way. The scoreboard will enhance the ongoing
recreational activity for the youth at Our Lady of Mount Carmel.
Members of the public were invited to speak in favor or opposition to either or both
petitions; no one appeared and the public hearing was closed.
Laurence Lillig reported that the Department is recommending favorable consideration of
both petitions.
Charles Weinkauf asked about the panel showing the advertiser, Coca Cola, and what the
height would be. Mr. Reis responded that the panel is on the lower edge of the sign, 18
inches below it, and will continue the full width of the sign, thereby adding about 27
square feet to the sign area.
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In response to Wayne Haney's questions, the scoreboard will have nothing on the reverse
side--it will be blank.
Charles Weinkauf asked if there were any intentions for future advertising on the reverse
of the scoreboard--Mr. Reis responded in the negative.
The back side of the sign faces the Church and School;the Coca Cola signage will not be
illuminated in any way. The only lights are for the scoreboard itself.
Michael Mohr moved for the approval of Docket No. V-66-00. APPROVED 4 in favor,
none opposed.
Michael Mohr moved for the approval of Docket No. V-67-00. APPROVED 4 in favor,
none opposed.
Mr. Haney and Mr. Tolson were then excused and Leo Dierckman and Earlene Plavchak
returned to the meeting in progress.
4h. Parkwood Crossing, Building 6 (V-65-00)
Petitioner seeks a Developmental Standards Variance of Section 25.7.02-10(b):
Number & Type in order to establish two wall identification signs on the north
façade facing 1-465. The site is located at 600 East 96th Street. The site is zoned
B-6/Business.
Filed by Joseph M. Scimia of Baker& Daniels for Baker&Daniels and Duke-
Weeks Realty.
Joe Scimia of Baker&Daniels, 300 North Meridian Street, Indianapolis, appeared before
the Board representing the applicant. Approval is being requested to allow two wall
identification signs on a single façade of a six story building located at 600 East 96th
Street. The current sign ordinance allows two wall identification signs by virtue of the
fact that this is a double-frontage lot--one on College Avenue, one on I-465.
In reviewing the property and the needs of the tenants, request has been made to move
one of the wall identification signs to the north façade of the six story building so that
both signs will be located on the same side of the building.
Both wall signs are permitted by the Sign Ordinance and are within the size requirements
required. However, upon moving one of the identification signs to a single façade, the
requirements are that one of the wall signs must become a ground sign. From an artistic
and a use standpoint, it makes more sense to allow both wall signs on a single building,
given its orientation to I-465.
The six story building will contain approximately 210,000 square feet. Two of the
primary tenants will be Baker&Daniels as well as Duke-Weeks Realty.
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The signage will contain individual, single-lit letters, internally illuminated, individual
channel letters flush mounted on existing structural portion of the building. Both signs
have received ADLS approval from the Special Study Committee with respect to the
appearance of the signs, the size, and compatibility. The Baker and Daniels signs are
identical, plexiglass construction. The dark portions of the signs will be black during the
day, and white at night.
Members of the public were invited to speak in favor or opposition to the petition; no one
appeared and the public hearing was closed.
Laurence Lillig reported that the Department is recommending favorable consideration.
Earlene Plavchak, moved for approval of Parkwood Crossing, Building 6, V-65-00.
APPROVED 4 in favor, none opposed.
7h. Remco Facility Parking Lot (V-68-00)
Petitioner seeks a Developmental Standards Variance of Section 27.3.2 in order to
forego curbing a parking lot expansion. The site is located at 4735 West 106th
Street. The site is zoned I-1/Industrial.
Filed by Paul G. Reis of The Reis Law Firm for Garrison Enterprises.
Paul Reis, attorney, 12358 Hancock Street, Carmel, appeared before the Board
representing the applicant. Also in attendance were the owners of Garrison Enterprises:
John Bray, Mr. Dick, Mr. Dave Garrison; Victor Ruiz and Chad Curran of Mid States
engineering, and Mark Monroe of The Reis Law Firm.
The Remco Facility is located just west of Michigan Road on 106th Street in an industrial
area. The petitioner is expanding on the site to construct a 26,821 square foot
office/warehouse building just south of the existing building (west of Pearson Ford on
the south side of the street)
The drive and concrete loading apron to the south were shown. The variance will
eliminate the curbing running south on both sides of the drive into the building. Two
new parking areas are being constructed and sidewalks and curbing will be associated
with that. The variance is to eliminate curbing along side the drive as well as the
concrete loading apron into the building.
The curb is not believed to be vital in order to facilitate the storm water drainage on this
site. The addition of the curbing is consistent with similar, single-use industrial type
warehousing and manufacturing found in the area and throughout the Township.
Members of the public were invited to speak in favor or opposition to the petition; no one
appeared and the public hearing was closed.
Laurence Lillig reported that the Department is recommending favorable consideration.
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Earlene Plavchak moved for the approval of Remco Facility Parking Lot, V-68-00;
APPROVED 4 in favor, none opposed.
8h-15h. East 96th Street Auto Park Subdivision (V-69-00; V-70-00; V-71-00;
V-72-00; V-73-00; V-74-00; V-75-00; V-76-00)
Petitioner seeks Developmental Standards Variances of Sections 25.7.02-1(c);
25.7.02-7(b); 25.7.02-7(c); and 25.7.01-4(1)to allow the following:
V-69-00 Subdivision Subdivision sign in excess of 50 square feet
V-70-00 Lot 1 to increase from 1 to 4 Special Use Signs
V-71-00 Lot 2 to increase from 1 to 6 Special Use Signs
V-72-00 Lot 2 to allow a 99.67 square foot "Tom O'Brien"
on the east façade
V-73-00 Lot 2 to allow a 99.67 square foot "Tom O'Brien"
on the west façade
V-74-00 Lot 2 to allow an 81.375 square foot "Tom
O'Brien" on the south façade
V-75-00 Lot 1 to allow an off-premise sign for the future
tenant of Lot 3
V-76-00 Lot 1 to allow an off-premise "Tom O'Brien
Chrysler Jeep" sign
The site is located northwest of East 96th Street and Gray Road. The site is zoned
B-3/Business.
Filed by Charles Frankenberger of Nelson&Frankenberger for DYC Realty et al
Charlie Frankenberger, 4983 St. Charles Place, Carmel 46033 of the law firm of Nelson
&Frankenberger appeared before the Board representing DYC Realty, Tom Wood
Lexus, and Tom O'Brien Chrysler Jeep. Jim Shinaver of Mr. Frankenberger's office was
also in attendance.
At this time, the Primary Plat approval request is pending before the Plan Commission
and will be discussed at the August first Subdivision Committee.
The real estate includes the west parcel, the east parcel, and the floodway in between.
The Special Use is requested for the east parcel only and it is only in respect to the east
parcel that the petitioner is requesting sign variances.
The Lexus building is located west of the access road; the Tom O'Brien building is
located to the east of the access road. The signs being requested are located on both the
buildings and the ground.
In regard to the Tom O'Brien building signs -the south elevation shows some of the signs
on which variances are being requested. The Tom O'Brien sign is red; the Jeep and
Chrysler signs are blue. These signs consist of internally illuminated, individually
mounted letters. Mr. Frankenberger submitted a sign chart with the informational
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booklets that sets forth dimensions, composition, and color. The chart includes all
information on all of the signs, even those for which no variance is required.
The petitioner feels that the signage is not overdone and is appropriate for the 96th Street,
commercial corridor, five traffic lanes wide. The signage also allows the dealership to
compete with its neighbors to the south in Marion County and provides the public with
needed information regarding the vehicle make, the dealer, and the availability of service.
Tom O'Brien, Jr. addressed the Board. Tom O'Brien currently has three locations. This
is the first time the petitioner has ever gone through this process, inasmuch as they have
never built a new facility. The proposed Tom O'Brien building will be the "Flagship"
store and as such, every element, signage, design, materials, etc. is critical to the
dealership. Tom O'Brien is a family business--signage is a critical component of the
dealership. A Chrysler dealership is not a destination point such as a Mercedes
dealership, Lexus, BMW, one that the shopper would seek out. On a good day, Tom
O'Brien is fortunate to have 10% of the market's consideration--a one in 10 chance to
make a positive impression. Commuter and drive-by traffic is very important. The
typical consumer only buys only once every three years and there is a small window of
opportunity. The goal of Tom O'Brien is to make a favorable impression and have the
customer recall the name and location. When the time comes for the consumer to go
shopping for a car, it is hoped that they will remember the Tom O'Brien name. The
reason for the signage on the east elevation and west elevation is for approaching traffic
to readily identify the building.
Charlie Frankenberger explained the signage for the Lexus building. The south elevation
shows signage that is black when not illuminated and muted white when illuminated.
The signs will consist of individually mounted, internally illuminated letters. The ground
signs include two directional signs and a monument sign. The monument sign will
identify the occupants of the Auto Park and will be located on the Lexus lot, west of the
access road. The monument sign will be aluminum and acrylic; the letters will be
internally illuminated.
The two directional signs are not illuminated; one is located on the Tom O'Brien lot, the
other is located on the Lexus lot. The site plan indicates where the monument sign will
be located, the Lexus and the O'Brien directional signs.
Members of the public were invited to speak in favor or opposition to any one or all of
the petitions; no one appeared.
Laurence Lillig reported that the Department is recommending favorable consideration of
Docket No. V-69-00, the request for a subdivision sign in excess of 50 square feet; V-70-
00, to increase from one to four special use signs on lots 1,the Tom Wood Package; and
V-71-00, but only to increase from one to four signs rather than six--Lot 2, the Tom
O'Brien sign package. Further, the Department recommends approval of V-74-00, the
Tom O'Brien sign on the south façade, and would support an increase in the size of that
sign to as large as 90 square feet. The Department also supports the request for V-75-00
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and V-76-00 which would allow lots 2 and 3, the Tom O'Brien and the unoccupied lot 3
to have signage on the subdivision sign located on lot 1,the Tom Wood property. The
Department is recommending negative consideration of Docket Nos. V-72 and V-73-00,
the request for the 99 2/3 square foot Tom O'Brien sign on the east and west façade.
Charles Weinkauf asked if there were a reason why the parts/body shop/service signs are
to be illuminated. Charlie Frankenberger responded that the petitioner is not requesting a
variance for those signs--they are permitted signs.
Bob Herst, architect for both buildings, explained that the signs are located on the facia of
both buildings. The business is open Monday, Wednesday and Thursday evenings, and it
is important for people to see where to go.
Earlene Plavchak moved for he approval of V-69-00, Subdivision sign in excess of 50
square feet. APPROVED 4 in favor, none opposed.
Mr. Weinkauf asked for more specificity on the special use of signs. Charlie
Frankenbrger explained that in the B-3 Business District, one sign, 40 square feet, is
permitted. If a larger sign is desired, a Variance would have to be requested. In this
instance, four signs are being requested, plus the two directional signs.
Earlene Plavchak moved for the approval of V-70-00, to increase the number of Special
Use signs from 1 to 4 on Lot 1. APPROVED 4 in favor, none opposed.
Michael Mohr asked if the petitioner were willing to work with a reduction in the number
of signs being requested. Mr Frankenberger responded that the sign package is critical to
the Chrysler dealership proposed. The residents of Williamson Run have not
remonstrated and in fact, have supported the petitioner's request.
Earlene Plavchak moved for the approval of V-71-00,to increase the number of Special
Use signs from 1 to 6 on Lot 2. APPROVED 4 in favor, none opposed.
Charles Weinkauf asked if the petitioner were willing to decrease the size of the signs on
both the east and west façade. Questions were also asked regarding the setback distance
from the roadway (edge of pavement)to the edge of building(251 feet).
Charlie Frankenberger stated his client's willingness to reduce the size of the signs to
81.375 square feet on both the east and west elevations, below the size of the sign on the
south elevation.
Tom O'Brien confirmed his willingness to either reduce the size of the east and west facia
signs or to look at a different color than the red. Mr. O'Brien was willing to work with
the Board in whatever way he could.
The Board agreed to look at similar items on the Agenda to preserve consistency.
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Steve McVicker, 1292 Wood Pond North Roundabout, Carmel, with Sign Craft Company
responded to questions from the Board regarding the signage. In looking at the square
footage of the signs in relationship to the total elevation on the east and west facades, the
sign is not really a significant element on the elevation. In looking at the building, it
would be important to see "Tom O'Brien" consistently on the three elevations. If the
signage is 81.375, it would be OK, but it would be wise to keep the same coloration of
the three signs. It does not look attractive to see a mismatched group of signage. At
some point, there would be manufacturing issues in terms of being able to illuminate
small components. On the east and west elevations, it is a stand alone sign and a much
larger elevation of the building. The signage is all face-lighted letters, internally
illuminated through the face of the letters. At the speed of traffic on 96th Street, legibility
is a definite issue.
Michael Mohr stated that his main concern was one of color and not so much the size. In
looking at other signs in the area, the signs should be able to blend in.
The Board agreed to look at other items on the Agenda with consistency in mind.
Leo Dierckman moved for the approval of V-72-00 to allow a decrease in the size of
sign on Lot 2 to 81.37 square feet, "Tom O'Brien," on the east facade. APPROVED
3 in favor, Michael Mohr opposed.
Leo Dierckman moved for the approval of V-73-00, as amended, to allow a decrease in
the size of sign on Lot 2 to 81.37 square feet, "Tom O'Brien," on the west facade.
APPROVED 3 in favor, Michael Mohr opposed.
Leo Dierckman moved for the approval of V-74-00, to allow an 81.375 square foot
"Tom O'Brien" on the south facade. APPROVED 4 in favor, 0 opposed.
Leo Dierckman moved for the approval of V-75-00 on Lot 1 to allow an off-premise
sign for the future tenant of Lot 3. APPROVED 4 in favor, none opposed.
Earlene Plavchak moved for the approval of V-76-00 on Lot 1 to allow an off premise
"Tom O'Brien Chrysler Jeep" sign. APPROVED 4 in favor, none opposed.
After a short recess, the Board continued with the following business:
16h-19h. Mayflower Park, Block 6, Lot 2 (V-77-00; V-78-00; V-79-00; V-80-00)
Petitioner seeks Developmental Standards Variances of Sections 23C.10.2(2);
Foundation Plantings; 23C.10.2(3):Peripheral Plantings; 23C.10.3(3):
Greenbelt; and 23C.10.2.(5): Parking Lots to allow the following:
V-77-00 to reduce foundation planting by an unspecified amount
V-78-00 to reduce peripheral plantings by an unspecified amount
V-79-00 to reduce the Greenbelt requirement by an unspecified amount
V-80-00 to reduce parking lot plantings by an unspecified amount
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The site is located on the southwest corner of West 99th Street and Michigan
Road. The site is zoned I-1/Industrial and is located within the U.S. 421 Corridor
Overlay Zone.
Filed by Paul G. Reis of The Reis Law Firm for Chrysler Realty Corporation.
Paul Reis of The Reis Law Firm, 12358 Hancock Street, Carmel, appeared before the
Board representing the applicant. Also in attendance: Ron Angelletti with Chrysler
Realty; Bob Hirst, project architect; and Mark Monroe with The Reis Law Firm.
An aerial view of the site was displayed and the surrounding area highlighted. To the
north is RCI Facility, the former Mayflower; across the street is the Metzger Lumber
Company and the new service station and paint store. At present, 99th Street is a private
street, but it will be dedicated and become a public street. The proposed facility is the
first development on the west side of 21. The new development at 106th for the Super
Target facility is on the east side of the street.
The 421 Overlay Ordinance does impose very significant and substantial landscape
requirements. The intent of the Ordinance is to promote high quality, innovative sight
design, and at the same time to encourage efficient land usage and to establish
development along the corridor. With that in mind, the petitioner has attempted to bring
forth a project that would meet the spirit of the ordinance and at the same time, develop a
successful and very attractive automobile dealership. The dealership is approximately
30,000 square feet.
Under the Ordinance, the building is to be no more than 120 feet or closer than 30 feet to
the right-of-way line of U.S. 421. Rather than moving the building back, the building has
been oriented to U.S. 421 at 120 feet. There are only two rows of parking as prescribed
by the Ordinance. The effect is that the building is now much closer to the greenbelt and
the separation is not as clearly discerned as it is in some of the existing buildings and
other developments along 421. Additional right-of-way to be taken by the State of
Indiana for U.S. 421 roadway improvements was highlighted on the overlay.
A landscape plan was submitted with the informational booklets. The plan does present
some practical difficulties. There are existing trees along the south side and the petitioner
is making every effort to preserve those trees. There is also a significant amount of open
space, approximately one acre, that will remain open. The orientation will be toward
U.S. 421.
There are some practical difficulties with the building. In regard to the foundation
plantings, there are 10 feet along 421 and 5 feet around the other sides of the building--
this has been maintained except for one small area. The petitioner is asking that this
small area be reduced from 10 feet to 7 feet in designing the building and providing the
display area for the dealership. Hence, the request for Variance V-77-00.
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The request for Variance-78-00 is to reduce the peripheral plantings on the north and
south sides of the site. It is extremely important that landscaping be maintained, but at
the same time, the building should not be hidden so that people cannot see where they are
going. It is important to maintain some visibility for the building.
The building is basically being designed and constructed in compliance with the
Ordinance and in the "Federal" style with the archway, pillar elements, and the split
appearance to the facade. The building will be a very attractive addition to the corridor.
The petitioner will maintain the 30 foot greenbelt buffer, but is requesting relief from
planting as many trees so that people will be able to see the building. If people cannot
find the dealership, it will not be successful.
According to the Thoroughfare Plan, U.S. 421 is really a "freeway" status. It is unlike
96th Street or some other areas where there is less traffic at a slower pace. The visibility
of the building is critical.
In regard to the parking lot,the Ordinance states that if the building is facing 421, with
the parking lot in the front yard, an additional 6 feet must be added to the green area and
landscaping. The petitioner is requesting that this requirement be eliminated. With the
30 foot buffer, attractive landscaping, and loss of additional right-of-way, and the 120
feet, to add an additional 6 feet would make it even worse to try to maintain any kind of
visibility. Also, the plantings within the parking lot--this is an automobile dealership and
there will be a lot of cars on the premises--there is a limit to how many trees you can put
in to landscape the site and still maintain the viability of the dealership. The dealership is
a permitted use in the corridor.
Under the ordinance, the width of the greenbelt along 421 is to be 30 feet; the petitioner
will maintain at 30 feet. The foundation plantings are required to be 10 feet in the front
along 421 and 5 feet on each side. The petitioner is maintaining this with the exception
of the one small area just south of the main entrance into the building. The peripheral
plantings on the north and south of the lot are required to be 5 feet on the north and 5 feet
on the south. The petitioner is proposing to increase the greenspace to 10 feet on the
north and 20 feet on the south. With regard to the parking lot perimeter plantings, the
requirement is 6 feet and the petitioner is requesting relief from this obligation because of
the amount of greenbelt already existing along 421 and also in consideration of the
permitted use on the property.
In regard to the "counts" within the greenbelt, the requirement is 24 trees;the petitioner is
proposing 17 trees and will add 20 shrubs. The peripheral plantings on the north and
south require 19 trees, 48 shrubs on the north; 19 trees, 34 shrubs. The petitioner will
maintain a lot of trees existing on the south, and counts 8 trees, 8 shrubs on the north, 7
trees, 18 shrubs on the south. The perimeter plantings would add 30 trees and 180
shrubs; the petitioner is requesting relief from this obligation. Inside the parking lot, the
front area would require 17 trees, the petitioner is proposing 6 trees. The side and back
area requires 40 trees, the petitioner is requesting approval for 20 trees. With regard to
the parking lot plantings, it is fairly obvious that the petitioner is providing a fair amount
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of trees and a nice landscaped area while trying to avoid large expanses of asphalt by the
orientation of the building. However, this is an automobile dealership and there is a limit
to how many trees can be installed and still be compatible with the permitted use.
The petitioner is intending to maintain a very nicely landscaped greenbelt with the 17
trees and 20 shrubs that will be very complimentary to the U.S. 421 Corridor and
consistent with the other developments in the immediate area. The development will be
in the spirit of the Ordinance because the petitioner is maintaining the building close to
the road.
Members of public invited to speak in favor or opposition to any or all petitions; no one
appeared.
Laurence Lillig gave the Department report. With respect to the requests for
modification of the landscaping requirements, V-77-00, V-78-00, V-79-00, and V-80-00,
the Department is recommending that these items be tabled until the next Board of
Zoning Appeals. The Department has not previously seen the specifics of the request and
therefore has had no opportunity for review.
With respect to the signage, the Department is recommending that V-81-00 and V-82-00
receive favorable consideration.
Mr. Weinkauf reminded Mr. Lillig that V-81-00 and V-82-00 is not yet under
consideration. Mr. Weinkauf asked if these items were to have public hearing this
evening, or was it the Department's recommendation that these items be tabled.
Mr. Lillig responded that Docket Nos. V-81-00 and V-82-00 could continue with public
hearing, although the signage would still need ADLS approval at the Plan Commission
level.
Mr. Weinkauf allowed the petitioner an opportunity to voluntarily table V-77-00 through
V-80-00 until next month and at that time, also hear V-81-00 and V-82-00. The
petitioner was receptive to tabling.
Docket Nos. V-77-00 through V-80-00 were TABLED by the Board with the consent
of the petitioner.
It was decided that the petitioner would proceed with the public hearing this evening
regarding the sign variances.
20h-21h Mayflower Park, Block 6, Lot 2 (V-81-00;
Petitioner seeks Developmental Standards Variances of Sections 25.7.02-8(b):
Number & Type and 25.7.02-8(d):Maximum Height of Ground Sign to allow the
following:
V-81-00 to allow a second identification sign
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V-82-00 to increase the height of the ground sign from 6 feet to 10 feet
The site is located on the southwest corner of West 99th Street and Michigan
Road. The site is zoned I-1/Industrial and is located within the U.S. 421 Corridor
Overlay Zone.
Filed by Paul G. Reis of The Reis Law Firm for Chrysler Realty Corporation.
Paul Reis, attorney, 12358 Hancock Street, Carmel appeared before the Board
representing the applicant, Chrysler Realty Corporation.
Currently, the dealership has frontage on one public street, U.S. 421, and corners on 99th
Street, a private street. It is expected that 99th Street will become a private street, but
because of the timing and in order to move the process forward, a variance is being
requested to allow a second identification sign in the form of a ground sign to further
identify the dealership. The sign is internally illuminated, 10 feet in height and is within
the 75 square feet provided.
The second item is to allow the increase in the height of the ground sign to 10 feet. At
the speed of the flow of traffic, it is important for the petitioner to have a slightly higher
sign in order to give identification to the dealership. The design of the sign is felt to be in
keeping with the RCI building to the north and adds to the overall attractiveness of the
dealership.
Members of the public were invited to speak in favor of either or both of the petitions; no
one appeared and the public hearing was closed.
Laurence Lillig reported that the Department is recommending favorable consideration of
this item.
Michael Mohr moved to TABLE V-81-00 and V-82-00; seconded by Earlene Plavchak.
MOTION DENIED (one in favor, Leo Dierckman, Earlene Plavchak, and Charles
Weinkauf opposed.)
The petitioner was allowed an opportunity to voluntarily table.
Point of Clarification: Paul Reis asked about the time frame for the tabling; John Molitor
responded that the item would be Tabled until the Board removes it from the Table to
discuss it, but it would appear on next month's Agenda as a Tabled item.
Paul Reis then requested to Table V-81-00 and V-82-00 to allow the petitioner time to
meet on the landscaping variances and also allow for DP/ADLS hearing by the Plan
Commission. The petitioner will then return for a vote on the full package. The Board
accepted the petitioner's request.
I. Old Business:
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li. / Emerald Crest at Hazel Dell Summit Amenity Area (SU-13-00)
Petitioner seeks Special Use approval per Section 5.2: Permitted Special Uses in
order to establish a private recreational facility. The site is located northwest of
East 131' Street and Hazel Dell Parkway. The site is zoned S-1/Residence.
Filed by Li-Ching Wu of Davis Homes.
Stu Huckelberry of Davis Homes, 3755 East 82nd Street, Indianapolis 46240 appeared
before the Commission representing the petitioner. This particular item has been tabled
for a few months in order to address the size of the pool as previously proposed (30X50)
and the provisions for life guarding.
The size of the pool is now at 32X81 or 10X25 meters. In addition to being fenced, the
petitioner is willing to record an amendment to the covenants and restrictions that would
provide for lifeguarding during the hours of operation of the pool. All other items
pertaining to this particular petition remain as previously submitted and presented.
Members of the public were invited to speak in favor or opposition to the petition; no one
appeared. (Note: The public hearing on this item was held in May, 2000)
Laurence Lillig reported that the landscape plan had not been submitted to the
Department prior to this evening's meeting; therefore, the item is recommended for
tabling. Stu Huckleberry responded that the landscape plan is the same plan as
previously submitted.
Leo Dierckman stated that the concerns of the Board appear to have been addressed
through the size of the pool and the lifeguarding issues.
Laurence Lillig stated that the landscape plan will be submitted to Scott Brewer, City
Forester, for approval. It was noted that the stairway into the pool area is thought to be a
hazard for diving and turning.
Leo Dierckman moved to approve SU-13-00,Emerald Crest at Hazel Dell Summit
Amenity Area, subject to the Department's review and approval of the landscape plan,
maintaining Carmel standards, and further conditioned upon the petitioner being given
the option to reduce the size of the pool to 25 yards if he so desires; further conditioned
upon the petitioner re-locating the stairway into the pool area if he so desires.
APPROVED 4 in favor, none opposed.
Note: Items 2i. through 13i. were heard together and voted on separately.
2i. Bauer Commercial Park- UAG Honda (SUA-21-00)
Petitioner seeks Special Use Amendment approval to alter the existing approval
for an automobile dealership. The site is located at 4140 East 96th Street. The site
is zoned B-3/Business.
Filed by Charles Frankenberger of Nelson&Frankenberger for UAG Young, Inc.
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3i.-8i. Bauer Commercial Park- UAG Honda (V-22-00; V-23-00; V-24-00; V-25-00;
V-26-00; V-27-00
Petitioner seeks Developmental Standards Variances of Sections 25.7.02-7(b):
Number & Type to increase from one sign to eleven; and 25.7.02-7(c):Maximum
Sign Area to allow the following:
V-23-00 one 55.42 square foot "Honda" sign
V-24-00 one 80 square foot Honda logo
V-25-00; V-26-00 two 65.625 square foot "Service Center" signs
V-27-00 one 69.75 square foot "Dan Young" sign
The site is located at 4140 East 96th Street. The site is zoned B-3/Business.
Filed by Charles Frankenberger of Nelson&Frankenberger for UAG Young, Inc.
9i. Bauer Commercial Park- UAG Oldsmobile(SUA-28-00)
Petitioner seeks Special Use Amendment approval to alter the existing approval
for an automobile dealership. The site is located at 4100 East 96th Street. The site
is zoned B-3/Business.
Filed by Charles Frankenberger of Nelson&Frankenberger for UAG Young, Inc.
10i.-13i. Bauer Commercial Park- UAG Oldsmobile (V-29-00; V-30-00; V-31-00;
V-32-00)
Petitioner seeks Developmental Standards Variances of Sections 25.7.02-7(b)
Number & Type to increase from one sign to ten and 25.7.02-7(c):Maximum Sign
Area to allow the following:
V-30-00; V-31-00 two 55.33 square foot "Service Center" signs
V-32-00 one 99.66 square foot "Dan Young Oldsmobile" sign
The site is located at 4100 East 96th Street. The site is zoned B-3/Business.
Filed by Charles Frankenberger of Nelson&Frankenberger for UAG Young, Inc.
Charles Frankenberger, attorney, 4983 St. Charles Place, Carmel appeared before the
Board representing the applicant. Jim Shinaver, attorney, assisted with the presentation.
Also in attendance on behalf of the applicants were: Jack, Victor, and Chris Naughton of
Honda; and Joel Pittman and Bill Young of Dan Young, Inc.
The United Auto Group is requesting sign variances and a revision to an already
approved Special Use in order to permit Dan Young to operate an Oldsmobile dealership
and a Honda dealership in two buildings previously occupied by Dellen Oldsmobile and
Dellen Lincoln-Mercury. The requests are being made because the front of the buildings
has changed to reflect a new proprietor.
This item was initially presented to the Board in May, 2000 and returned in June. At that
time, the Board voted 2-2,No Decision, and thus necessitates a return to the Board.
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The subject site was shown on the overhead projector and the location pin-pointed; other
uses in the area include car dealerships, office buildings, mining operations, fast food
restaurants, and a bank. The elevation of the Honda building was shown depicting the
various signs, the size and composition specifications for each sign.
The logo is silver and on-lit; the other signs are individually mounted, internally
illuminated with blue letters. The building is a white, textured material with blue trim
and remains substantially the same as currently exists, the front has changed.
Honda has met with its design representative in an effort to come up with an alternative.
The alternative eliminates the blue beneath the awning and diminishes the amount of blue
and the extent to which the cylindrical entrance stands out on the building. This design is
requested for approval; Honda's first preference is for the original frontage that extends
the blue cylinder all the way down. Out of deference to the Board,the alternative is
proposed.
In regard to the Oldsmobile elevations, the various signs are depicted showing size,
composition, and specifications. The logo is silver and on-lit, other signs are individually
mounted, internally illuminated red letters. The exterior of the building will be a white,
textured material with red trim.
It is the petitioner's belief that the signs are not over-done and are appropriate for the 96th
Street Commercial corridor and enable the dealerships to compete with their neighbors to
the south and provide the public with needed information regarding the dealer, the
availability of service, and the vehicle make.
In response to the Department's report, the petitioner believes that there are no
architectural standards in the B-3 District and that architectural preference should not be
imposed on a case-by-case basis. The proposed buildings have evolved over time as a
very critical element of the manufacturer's identity.
Members of the public were invited to speak in favor or opposition to any one or all of
the petitions; no one appeared.
Laurence Lillig commented that there is an error in the Department Report as published.
A review of the tape shows that Ms. Rice questioned whether or not the petitioner would
be willing to submit a revised sign package based on the current façade. The response
was that the petitioner would prefer to go ahead with their current proposal and if
necessary, re-file a sign package.
Laurence Lillig reported that the Department is recommending that the Special Use
Amendments, SUA-21-00 and SUA-28-00, be denied and that the sign plans appropriate
to the current façade be submitted in place of those proposed. Should the Board choose
to approve the Special Use Amendments, the Department recommends that the sign
packages that have been proposed and presented be approved.
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Charles Weinkauf questioned the petitioner about at least "considering" using the existing
façade. The plans submitted are more favorable to the dealership than the existing
façade. Mr. Weinkauf asked Mr. Frankenberger to elaborate on why the necessity to go
through such an elaborate change to buildings that are felt by some to be more
architecturally attractive than the plan being presented.
Mr. Frankenberger stated his understanding that the revision in the building frontages is
to identify the new proprietors and to be consistent with a manufacturers image program
that has been developed and consistently used throughout the United States through their
marketing studies. The building design is a critical element to the success of these
dealerships.
Jack Victor, Springborough, Ohio, Assistant Zone Sales Manager, Dealer Development
for American Honda, appeared before the Board and stated that the design being
presented is the product of extensive research being conducted with numerous focus
groups, many current customers, and potential customers as well as many dealers
throughout the United States. The main objective of the program was to come up with a
consistent, recognizable image as well as having a customer friendly environment. In
order to understand the image program as it exists, you would also have to understand
that Honda is interested in working with its customers to improve their experience at the
dealership level.
There are other Honda dealerships within Mr. Victor's zone that have a similar
appearance. There are currently 18 dealerships in Indiana, Michigan, Ohio, Kentucky,
and parts of West Virginia that are undergoing construction and changes and several
others that are going through the process. Mr. Victor displayed several photographs of
other completed dealerships in Michigan, Kentucky, and in the Cincinnati and
Indianapolis area.
Mr. Frankenberger stated that the Oldsmosbile representative would echo those
comments made by Jack Victor. The dealerships are similar in appearance and part of
their manufacturer's identity program.
Bill Young, 1089 Laurelwood, Carmel, stated that in this particular market,the need is
for ready identification as an Oldsmobile store, Honda store, etc, Indianapolis is perhaps
not as aggressive a market area as California or the east coast, but there is no question
that the intent is for ready recognition and easy identification.
Leo Dierckman clarified that the blue cylinder will only be blue at the top, white at the
bottom--confirmed by Charlie Frankenberger.
Charlie Weinkauf asked for clarification of the special use amendment request to alter the
existing approval in place. Charlie Frankenberger responded that the Special Use request
pertains to the front of the buildings for Honda and Oldsmobile, under separate docket
numbers.
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Michael Mohr asked for further clarification of the blue and white sign. Charlie
Frankenberger commented that the sign is basically the same materials, the change is
from white tile to blue tile.
The public hearing was then closed on SUA-21-00.
Michael Mohr moved for the approval of SUA-21-00, UAG Honda,with the façade as
shown. APPROVED 4 in favor, none opposed.
The petitioner is also seeking a developmental standards variance to increase the number
and type of signs from one sign to four shown on the elevations. The signage comprises
one logo, one Dan Young Honda sign, and two service center signs.
Mr. Frankenberger further explained that the signage has been reduced from eleven to
four signs. The Honda logo; the Dan Young Honda sign; and the two service center
signs.
Earlene Plavchak moved for the approval of V-22-00 to increase the number of signs
from one to 4 as stated; APPROVED 4 in favor, none opposed.
Leo Dierckman moved for the approval of V-23-00, as amended,to allow one 56.0
square foot "Dan Young Honda" sign. APPROVED 4 in favor, none opposed.
Leo Dierckman moved for the approval of V-24-00, to allow one, 80 square foot Honda
logo sign. APPROVED 4 in favor, none opposed.
Michael Mohr moved for the approval of V-25-00 to allow one, 65.625 square foot
"Service Center" sign. APPROVED 4 in favor, none opposed.
Michael Mohr moved for the approval of V-26-00 to allow one, 65.625 square foot
"Service Center" sign. APPROVED 4 in favor, none opposed.
The petitioner withdrew V-27-00.
Leo Dierckman moved for the approval of SUA-28-00, UAG Oldsmobile,to change the
existing façade as previously stated, on an existing building at 4100 East 96th Street.
APPROVED 4 in favor, none opposed.
Leo Dierckman moved for the approval of V-29-00 to allow an increase in the number
of signs from one to seven. APPROVED 4 in favor, none opposed.
Leo Dierckman moved for the approval of V-30-00, to allow one, 55.33 square foot
"service center" sign. APPROVED 4 in favor, none opposed.
Leo Dierckman moved for the approval of V-31-00, to allow one, 55.33 square foot
"service center" sign. APPROVED 4 in favor, none opposed.
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Michael Mohr moved for the approval of V-32-00, to allow one, 99.66 square foot
"Dan Young Oldsmobile" sign. APPROVED 4 in favor, none opposed.
14i. Brook Landing at Prairie View, TABLED
15i. Lattice Communications (SE-59-00)
Petitioner seeks Special Exception approval to establish a 120 foot cellular tower
on 0.052 acre. The site is located southwest of West 131st Street and Spring Mill
Road.
The site is zoned S-1/Residence.
Filed by Douglas B. Floyd for Lattice Communications.
Doug Floyd, attorney at 970 Logan Street, Noblesville, appeared before the Board
representing the applicant. The site is currently an electric, power sub-station. The
applicant is proposing the construction of a mono-pole, wireless communication tower.
At the previous meeting, there were questions from the Board regarding other structures
within an area that could cover the subject site. A map was submitted showing possible
co-locations within the City and identifies all structures adequate to cover the proposed
area.
One Radio Frequency Map shows the existing coverage area that is identical to the map
submitted with the original material; the other 6 maps identify the 6 structures within the
three mile area that could service this area.
The area proposed for the construction of the wireless tower is one that would give the
most coverage to an area that simply has almost no coverage currently. Under the
requirements of the ordinance, the petitioner is offering co-location on this site to other
carriers.
There were no members of the public who wished to speak either in favor or opposition
to this petition.
Steve Engelking confirmed that he and Mr. Molitor had met with the petitioner and other
representatives and their attorney. The maps and color renderings were clarified and at
that time, explanations and recommendations were made. At this point,the petitioner has
met the requirements of the Department and the Department is recommending favorable
consideration at this time.
Michael Mohr moved for the approval of Docket No. SE-59-00, Lattice
Communications. APPROVED 4 in favor, none opposed.
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The petitioner will prepare the Findings of Fact for signature by the Board.
There being no further business to come before the Board, the meeting was adjourned at
11:15 PM.
Charles W. Weinkauf, President
Ramona Hancock, Secretary
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