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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT October 23, 2006 II-2Ib. Bill Estes Pre-Owned Facility The applicant seeks the following development standards variance approvals: REINSTATED: Docket No. 06090013 V Chapter 23C.12.B parking lot pole light height Docket No. 06090014 V Chapter 23C.12.C foot-candles at property line Docket No. 06090015 V Chapter 25.07.02.08(b) total number signs Docket No. 06090016 V Chapter 23C.09.D fa9ade projections/recessions Docket No. 06090017 V Chapter 23C.09.K.2(e) building materiaVEIFS Docket No. 06090018 V Chapter 23C.09.G windows - design Docket No. 06090019 V Chapter 23C.09.I windows - percent of fa9ade Docket No. 06090020 V Chapter 26.04 north bufferyard reduction Docket No. 06090021 V Chapter 26.04 south bufferyard reduction Docket No. 06090022 V Chapter 23C.1 0.3.5(b) perimeter parking lot plantings Docket No. 06090023 V Chapter 23C.10.3.5(c) screened parking within front/side yard The site is located at 4102 W. 96th St and is zoned B2/Business and IllIndustrial within the US 421 Overlay. Filed by Mary Solada of Bingham McHale. General Info: The applicant seeks to construct a new 9,350-square foot pre-owned vehicle sales facility. 10 variance approvals are being sought. Please see the petitioner's Oct. 13 info packet for a detailed explanation of each variance request and why it is being requested. Analysis: The site lies within the Michigan Rd /US 421 Corridor Overlay, which has the highest set of design standards in the City. Additionally, the site is located at the entry to Carmel, and as such, should represent the ideal architecture required in this area. The site's location at the gateway to Carmel further emphasizes the need to comply with the Corridor requirements, which were put into place to guide the creation of an attractive and cohesive entry into Carmel/Clay Twp.'s west side. The overall concern is that there is an Overlay where standards have been set, and there is current construction within this corridor that complies with the Overlay. At an initial Plan Commission hearing for this item, Rick Ripma reminded the Plan Commission that there is a car dealership on Michigan Road (Ed Martin Pontiac GMC Buick) that is nothing like what is proposed for a dealership; it meets the Ordinance and seems to be doing well. The variances requested represent a preference, not a hardship. A hardship, based on specific conditions at the site, has not been demonstrated. Numerous commercial buildings, including another car dealership, were built under the terms of the Overlay without the need for variances. The Plan Commission Special Studies Sub-Committee is currently looking favorably upon the new project's architecture and site design. The item is set to appear before the Committee once more, at the Nov. 2 meeting. The petitioner is not complying with a IS-foot setback area at the comer because there is already a five-foot curb that is pre-existing and legally established. On the south, the petitioner is installing 72% of what is required by the Ordinance for shade trees, 32% of ornamental, and 83% of required shrubs. The Department recommends the petitioner fulfill his tree obligation by donating trees to the City or County Parks system. The petitioner meets the 30-foot greenbelt, but the additional6-feet would require tearing up the existing pavement. The petitioner has filed for variances that relate to decreasing the buffer yard on 96th Street, the additional 6 feet of screening around the parking lot, as well as the front and side yards. The petitioner stated that he has tried hard to make up for landscaping elsewhere on the site for the fact that they would like to have some visibility of the cars, particularly at the comer of the site, at 96th St & Michigan Rd. Visibility may be achieved while meeting the landscape requirements, with the use of over story trees (trees that grow tall, with canopies high above the ground). Regarding signage: The petitioner is proposing the same square footage of signage allowed by the Ordinance, but it must be broken up... "Bill Estes" on one line, "Pre-Owned Supercenter" on another, and this requires a variance. The total square footage of signage does not exceed the Ordinance, but the number of signs does. Because the cars are outside, there must be some security lighting; however, the petitioner is sensitive to light spillage, although there are no residential neighbors nearby. The EFIS is a concern, and the Dept. would rather see "Quick Brick" or "DecoBrick" - a cmu (concrete masonry unit). The windows cannot exceed more than 75% of the first floor fa9ade; the petitioner exceeds the 75% because they are showroom. Findings of Fact: foot-candles/lighting/pole light height 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the lighting levels exceed the .3 foot-candle requirement at road right of ways and ingress/egress easements, within a primarily industrially- zoned area. The uniform pole light height will add to the overall cohesiveness of the height, blending new & existing parking light pole heights. 2.) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the uses surrounding the site are not negatively affected by the additional foot-candles of light. The surrounding uses are public roadways and industrial or business uses. The uniform pole light height will add to the overall cohesiveness of the height, blending new & existing parking light pole heights. 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 lighting levels will have to be adjusted to lower levels and heights, perhaps not allowing for the lighting up of all vehicular inventory on the site and possibly causing a hardship and a security issue. Findings of Fact: signage 1.) The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The total square footage of signage allowed per frontage does not exceed the Sign Ordinance, only the number of signs does. 2.) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The total square footage of signage allowed per frontage does not exceed the Sign Ordinance, only the number of signs does. 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 signage will have to be arranged in a way that creates one large sign, which may not fit adequately upon the building elevation, possibly causing an eyesore at this highly visible site at the intersection of 96th St & Michigan Rd. Findings of Fact: building design/materials 1.) The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: the use of EFIS is a concern, "Quick Brick" or "DecoBrick" - a cmu (concrete masonry unit) would be preferred. The lack of building fayade projections/recessions may negatively affect adjacent property values, due to the building fayade appearing flat and not as aesthetically pleasing or enduring. Several other buildings within the Overlay use DecoBrick and wall plane changes; none have such a high percentage of EIFS. 2.) The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner because: the use of EFIS is a concern, "Quick Brick" or "DecoBrick" - a cmu (concrete masonry unit) would be preferred. The lack of building fayade projections/recessions may negatively affect adjacent property values, due to the building fayade appearing flat and not as aesthetically pleasing or enduring. 3.) The strict application of the terms of the Zoning Ordinance to the property will not result in practical difficulties in the use of the property because: the use of cmu brick is substantially less expensive that using clay brick, yet it still brings the quality and design elements required by the Overlay. No hardship has been demonstrated by the petitioner which would require the use of EIFS. The desires 'Campus' effect may still be achieved with the use ofcmu's. Findings of Fact: windows 1.) The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: the excessive use of windows will keep this building from fitting into the character of the Michigan Rd Overlay and are not in keeping with the required architectural style. 2.) The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner because: the excessive use of windows will keep this building from fitting into the character/style of the Michigan Rd Overlay. 3.) The strict application of the terms of the Zoning Ordinance to the property will not result in practical difficulties in the use of the property because: other businesses, even auto dealers, within the Overlay have complied with the Michigan Rd Overlay Standards, showing that it can be done. Findings of Fact: plantings 1.) The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: the reduction in plantings and greenscape at this site, a part of the entryway to Carmel, will negatively affect the site and the community as a whole, possibly reducing the quality of life and will not be in keeping with the overall appearance of the Michigan Rd Corridor. 2.) The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner because: the reduction in plantings and greenscape at this site, a part of the entryway to Carmel, will affect property values. If other businesses/site within the Overlay comply with the landscape requirements, surely this site can. 3.) The strict application of the terms of the Zoning Ordinance to the property will not result in practical difficulties in the use of the property because: the site is large enough to accommodate all of the plantings required by the Ordinance. If other businesses/sites within the Overlay comply with the landscape requirements, surely this site can. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 06090013 V through 06090015 V after all questions/concerns are addressed. The Dept. of Community Services recommends negative consideration of Docket Nos. 06090016 V through 06090023 V after all questions/concerns are addressed. If inclined to do so, the Board could impose conditions on the approval. Note: Docket No. 06090013 V -parking lot pole light height, was initially withdrawn from the agenda on Friday, Oct. 13, at the request of the petitioner. Due to a miscommunication between the petitioner and landowner, this was not supposed to happen. And so, this item has been reinstated, and a revised agenda was sent out Oct. 18.