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HomeMy WebLinkAboutMinutes PC 10-15-02IUU P` F C =y oi�� C ity of CARMEL /CLAY PLAN COMMISSION OCTOBER 15, 2002 The regularly scheduled meeting of the Carmel /Clay Plan Commission opened with the Pledge of Allegiance in the Council Chambers of Carmel City Hall, One Civic Square, Carmel, Indiana at 7:00 PM on October 15, 2002. President Marilyn Anderson introduced the newest member of the Commission, Stephanie Blackman, who is completing Linda Flanders' term as Mayoral appointment. Commission members in attendance were: Marilyn Anderson; Stephanie Blackman; Jerry Chomanczuk; Dave Cremeans; Leo Dierckman; Dan Dutcher; Wayne Haney; Ron Houck; Nick Kestner; Norma Meighen; Maureen Pearson; Pat Rice; Paul Spranger; and Wayne Wilson. Mike Hollibaugh, Director, and Jon Dobosiewicz attended the meeting on behalf of the Department of Community Services. John Molitor, legal counsel, was also present. The minutes of the September meeting were approved as submitted. John Molitor reported on the Executive Committee meeting that met at 6:30 PM prior to the full Commission meeting. Leeper Electric is scheduled to go to trial next week. Also, on the State level, there is an issue as to whether or not gambling casinos/lotteries must comply with local Sign Ordinances. John Molitor will continue to monitor this situation and keep the Commission up- dated. Jon Dobosiewicz referred to a Memo distributed this evening to Commission Members requesting that items Ih and 2h scheduled for Public Hearing this evening be Withdrawn until a more definitive plan can be submitted; re- noticing would be required. H. Public Hearings Ih. Docket No. 96 -02 Z; Mohawk Place Rezone Petitioner seeks a favorable recommendation of a rezone from I -1 /Industrial to C- 1 /City Center on 9.17 acres. The site is located northwest of the intersection of City Center Drive and Range Line Road. The site is zoned I -1 /Industrial. Filed by the Department of Community Services for the Carmel Redevelopment Commission. WITHDRAWN S:\PlanCommission\Minutes\PlanCoumlissionMinutes\2002oct 2h. Docket No. 99 -02 Z; Southeast Old Town Rezone Petitioner seeks a favorable recommendation of a rezone from B -1 /Business, B- 2 /Business, and R -2 /Residential to C -2 /01d Town. The site is located southeast of the intersection of Main Street and Range Line Road. The site is zoned B- 1 /Business, B -2 /Business, and R -2 /Residential. Filed by the Department of Community Services for the Carmel Redevelopment Commission. WITHDRAWN 3h. Docket No. 114 -02 Z; Crooked Stick Golf Course Petitioner seeks a favorable recommendation of a rezone from S -1 /Residential to P- 1/Parks and Recreation on 189.34± acres. The site is located west of Ditch Road between 106 Street and 116 Street. The site is zoned S -1 /Residential. Filed by the Department of Community Services. Present for Petitioner: Jon Dobosiewicz. There is an open question on the accuracy of the legal description. If the Plan Commission deems appropriate, the Department is suggesting this item be forwarded to Committee to ascertain an exact legal description that would then be forwarded on to the City Council. Wayne Wilson asked if the legal description could be amended at the Council level in order to keep this moving forward. John Molitor opined that increasing the amount of property covered by a rezone at the Council level would be problematic and you would need to start over again. Remonstrance Joseph Scimia, attorney with Baker Daniels, 600 East 96 Street, Suite 600, appeared before the Commission representing Crooked Stick Golf Club, property owner and operator of the Crooked Stick Golf Course. The Golf Club is neither for nor against the rezone, but they do feel that the zoning in place has worked for them since 1968 and do not see the need for the change. However, with the recent action taken by the Council in respect to golf courses, it is inevitable that this will happen. Crooked Stick desires to ensure accuracy and that there is an understanding of some concerns Crooked Stick has as a result of the rezoning. The biggest concern is the access to 116 Street that Crooked Stick does not own and is actually a residential piece of property, probably owned by Jim Irsay. The main concern is that there are areas included within the legal description that has been published that are not a part of the golf course. There are areas owned by the Golf Club that are not included within the petition and are residential lots that are not proposed to be included in the rezoning —these lots are outside the perimeter fencing and not a part of the golf course; they are there for special events. If this were to be re- noticed with the appropriate boundaries recited, this would be acceptable. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002oct 2 One concern is the effect that the rezone will have on the operations of the Club. A number of members feel very strongly about this; this is a taking of their property rights, etc, but this will not be explored further this evening. Those residential lots located outside the perimeter of the fence may or may not be a part of the rezoning. Crooked Stick is asking that these lots not be included, even though it necessitates a return to the Board of Zoning Appeals. These lots are typically used for overflow parking during major events. Another concern is the number of special uses listed in the P -1 Zoning classification, particularly the one that refers to artificial lakes or ponds. Occasionally, during major events, it is necessary to make modifications to the golf course. Past events have resulted in some of the ponds being changed or re- located. It may well be that the Golf Course would return at some future date to work out a resolution so the Course has more flexibility to make changes in the Course that do not materially create a risk or concern for the City. The public hearing was then closed. Dave Cremeans asked whether or not Mohawk Golf Course would be rezoned too. Jon Dobosiewicz responded that it would not be coming before the Plan Commission. There are issues with the rezone of the property that would prevent it from redeveloping without a rezone action by the City Council. A portion of the course is zoned R -5 and another portion is zoned S- 2. It is complicated, but a redevelopment of the property is not foreseen or an alternate use without some type of legislative action by the Council. The Mohawk Golf Course is not contained within a single legal description -it is a single parcel occupied by apartment dwellings as well as the golf course. This item was referred to the Special Study Committee for further review on November 12, 2002 at 7:00 PM in the Caucus Rooms of City Hall. 4h. Docket No. 122 -02 Z; Manor Healthcare Corporation (Rezone) The applicant seeks to rezone 4.321 acres to the OM/MF (Old Meridian Multi Family) zone designation. The site is generally located south of 131 Street between Old Meridian Avenue and Pennsylvania Street. The site is zoned OM /SFA (Old Meridian Single Family Attached). Filed by Paul G. Reis of Drewry Simmons Pitts Vornehm, LLP for Manor Healthcare Corporation. Present for petitioner: Paul Reis, attorney with Drewry Simmons Pitts Vornehm, 8888 Keystone Crossing, Suite 1200, appeared before the Commission representing the applicant. Also in attendance were: Steve Forman, director of planning of Edward Rose Properties; John Houchin, director of construction; and Mike Gorman, general manager of Edward Rose Properties. Mark Monroe, planner and law clerk with Drewry Simmons was also in attendance. Edward Rose Properties builds multi- family communities for their own account and continues to own and manage those communities following construction and lease. The sales of communities S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002oct 3 are extremely rare; the last sale occurred in 1986. Edward Rose Properties is a new company to our community. Except for a small portion of land that is 4.38 acres, the entire site is within the multi family development zone of the Old Meridian District. When the various development boundaries were established by the task force and ultimately the Council and Plan Commission, most if not all of the parcels were within one development zone. Two of the primary goals in establishing the district were to foster development with a special sense of place, and also to promote coordinated, quality development. The rezone of this district from single family attached to multi family will allow development of an upscale, urban style, multi family, residential community that will create and foster the sense of place within the Old Meridian District and will be consistent with the design and development guidelines established for this district. The proposed, Grand Boulevard will extend from Main Street to Old Meridian Street. In order to develop this as a part of an overall multi family housing community, the site plan creates the attractive streetscape that the Task Force and City Council have envisioned for the "Grand Boulevard" by situating these buildings along the Grand Boulevard. The overall proposed site plan fits within the aims and goals of the Old Meridian District and the Comprehensive Plan. Upon rezone by the Council, Edward Rose Properties will return to the Plan Commission for ADLS approval. Members of the public were invited to speak in favor or opposition to the petition; the following persons appeared: Remonstrance: Against Robert Swift, 1335 West Main Street, cited storm drainage as a major concern on West Main Street between Penn Drive and Catherine Drive. At the present time, the drainage ditch is pretty well filled in with gravel and debris. The current proposal for development will only make the drainage problems worse. Eric Walls, 12852, 12840 and 12856 Old Meridian Street, whose property backs up to the proposed site for development. Mr. Walls feels there is already enough explosive growth in Carmel and prefers to leave the area as is. Paul Reis responded that the proposed project will actually help alleviate the storm drainage problem. However, this will be addressed specifically with the County Drainage Board when the petitioner returns for ADLS approval. Jon Dobosiewicz reported the Department is recommending this item be referred to Committee. The concept and challenge for the petitioner will be to integrate multi- family buildings within the framework of a streetscape where there are two or three buildings within a block, in an area surrounded by publicly dedicated streets. The Ordinance requires 75% of the buildings to front on a public street with a maximum of a ten -foot setback. The concern is that there are areas tagged "potential access" on the plans and this should be explored by the Committee to make S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002oct 4 certain the petitioner does not have a misunderstanding of what needs to be presented and returned to the Commission. Paul Spranger encouraged the Commission members to look at a drawing in the Old Meridian report that lays out in detail what the Grand Boulevard looks like and proposals for the type of structures to be included in the area along with what is currently in existence. In comparison, the petitioner's exhibit is vastly different and should be closely looked at. Ron Houck suggested that at Committee review, the Department bring the resources used in the Old Meridian District so the full context can be seen. Dave Cremeans commented that the subject site is currently zoned single family attached, and that seems to be a "hot" concept at present. Dave Cremeans recommended transitioning in with the multi family and making this a win -win situation for everyone. Docket No. 122 -02 Z, Manor Healthcare Corporation Rezone, was referred to the Subdivision Committee for further review on Tuesday, November 12, 2002 at 7:00 PM in the Caucus Rooms of City Hall. 5h. Docket No. 123 -02 PP; Clay Creek Overlook (Primary and Secondary Plats) The applicant seeks approval to plat a 1 -lot residential subdivision on 1.006± acres. The site is located at the east end of Redgold Run adjacent to High Grove Subdivision. The site is zoned S -1 /Residence Estate. Filed by Dennis Olmstead of Stoeppelwerth Associates, Inc. for Shamrock Builders, Inc. Dennis Olmstead of Stoeppelwerth Associates appeared before the Commission representing the applicant. George Giger was also present on behalf of Shamrock Builders, Inc. The proposal is for a one -lot residential subdivision with access to Redgold Lane and will utilize the utilities in High Grove Subdivision. The proposal will be lot 33, High Grove Section III, and the covenants will be amended accordingly. Members of the public were invited to speak in favor or opposition to the petition; the following appeared: Remonstrance, neither for nor against Bruce Longenfeld, 1521 Windemere, was unsure of the exact location of the lot and requested more information. Will the adjacent parcel then become land- locked and prohibited from further development? Department Report: Jon Dobosiewicz said the Department had requested this be done by proposing an amendment as High Grove, Section III, one -lot subdivision. The County Highway did call to the petitioner's attention that the stub street was designed to accommodate the future development of the larger tract identified on the primary plat. With the platting of this S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002oct 5 subdivision, the petitioner is advised that it would preclude further subdividing the property because the larger parcel next to this tract would not have access to a public street other than the existing access for the single lot. The larger parcel could not be subdivided without various waivers. The public hearing was then closed. Ron Houck asked if proper notice was given; Jon Dobosiewicz confirmed that proper notice was given in accordance with the Rules of Procedure. George Giger of Shamrock Builders clarified that the petitioner had looked at the entire property to consider development. After looking at it, it was determined it would be very difficult to develop lots because of the creek running through the middle of the property. What is proposed will not affect the development potential of the balance of the property. Dennis Olmstead said the adjacent lot has access onto Hoover Road through a 25 foot access and is not "land- locked." To provide access off of Redgold would have been extremely expensive to develop a crossing. Ron Houck asked if this was originally a stub street to the adjacent property. Dennis Olmstead said that if the property were to subdivide, the cul -de -sac would then provide for access into the property. Shamrock found that it would be cost prohibitive to install a structure for crossing to two lots. Jon Dobosiewicz clarified that the residual tract is between 7 and 8 acres; the County Highway Department's comments were not addressed as a concern. The parcel adjacent would not be further subdivided into a greater number of lots; access is legal off of Hoover Road onto the parcel to the north. It is the Highway Department's observation that an individual would not return with the residual 7 to 8 acres to ask for further subdividing because now Redgold Run is being terminated into a single lot on the west side of Clay Creek. As far as the petitioner's explanation of further development potential, the Ordinance does not speak in terms of that, but if the question were asked, "Could I bring in this 7 or 8 acre tract and ask for it to be subdivided into further number of lots The answer would be "No, it would not comply with the Ordinance to further subdivide the 7 or 8 acre tract." A number of waivers could be requested to accommodate that, but under the requirements of the Subdivision Control Ordinance, a petitioner could not return for further subdivision. Docket No. 123 -02 PP, Clay Creek Overlook, Primary and Secondary Plats, was referred to the Subdivision Committee for further review on Tuesday, November 12, 2002, at 7:00 PM in the Caucus Rooms of City Hall. 6h. Docket No. 132 -02 ZW, 133 -02 ZW; Carmel Ambulatory Surgery Endoscopy Center The applicant seeks approval to construct a medical office building at 13421 Old Meridian Street. The applicant seeks the following Zoning Waivers: S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002oct 132 -02 ZW SCO 23G5.8.B -1 -b Minimum wall height of 24' 133 -02 ZW SCO 23G5.8.B.Lb Minimum of two (2) occupiable floors Filed by Robert A. Hicks, Esq. for Carmel Physicians Surgery and Endoscopy Center. Robert Hicks, attorney for Carmel Physicians Surgery and Endoscopy Center, appeared before the Commission representing the applicant. Mr. Hicks requested that items 6h and lj be heard concurrently by the Commission, and this request was granted. J. New Business lj. Docket No. 113 -02 ADLS; Carmel Ambulatory Surgery Endoscopy Center The applicant seeks Architectural Design, Lighting, Landscaping Signage approval for a medical office building. The site is located at 13421 Old Meridian Street. Filed by Becky Feigh of BSA Design for Carmel Physicians Surgery and Endoscopy Center. Robert Hicks, 12111 Castle Overlook, Carmel, Attorney for the applicant, appeared before the Commission. Also in attendance were members of the design team, Becky Feigh, Monty Hoover, Rob Scheck; and Charles Jeffris of St. Vincent Hospital and Health Care Center. By way of background, the property is owned by St. Vincent Hospital and to the extent that this is approved and the construction of the building is permitted, the petitioner will build pursuant to a long term ground lease. The petitioner is Carmel Physicians Surgery and Endoscopy Center, and Robert Whitacre is the developer of that project. This project is described as submitted in the informational packets submitted to the Plan Commission members. There is a slightly revised rendering of the building that includes a cornice. The proposal relates to the rezone of approximately 45 acres south of St. Vincent Carmel to the Mixed Medical Zone. The address of the property is 13421 Old Meridian Street, directly opposite and immediately east of the Sundown Gardens property, just south of the intersection of Guilford and Old Meridian. The site is approximately 9 acres, owned by St. Vincent, and includes an existing building owned by the Spine Institute. The current proposal is the first ADLS and Zoning Waiver request to come before the Commission since the rezone of the 45 acres to the Mixed Medical Zone. There are two uses of the building: Medical Office on the second floor; the first floor is Endoscopy and Surgery Center. There are six operating rooms for the surgery center and two endoscopy suites. The architectural design of the building is meant to be transitional for that area north of the district, i.e. the campus, and that area south of the campus that includes the Village Zone in the S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002oct 7 Old Meridian District, Special Use, Office —all are a part of the Old Meridian District. The buildings in the Mixed Medical Zone must be faced in brick, stone or pre -cast concrete. The petitioner has chosen brick and samples are being provided. Large expanses of glass are allowed in this particular District. Glass has been incorporated into the building, the primary reason of which is to allow for maximum natural light into pre -op and post -op areas. The continuous facade is to be broken with vertical off -sets and in this case, masonry is used between the glass. The base of the building is a heavier color of brick, in compliance with the Old Meridian District, and there is an articulated cornice to define the top of the building. Signage is not an issue at this time and will be the subject of a later Variance. The parking is in excess of 7 spaces required by the Ordinance, and has been approved by the Director of the Department. The minimum wall height requirement of the Ordinance is 24 feet; a portion of the building is 16 feet and this is the subject of one of the waiver requests. The second waiver is for two occupiable floors. The petitioner feels the building clearly has two occupiable floors; however the Department has taken issue with the fact that one portion of the building is one story. Out of caution and being conservative, one of the waiver requests is to allow for a portion of the building, constituting about 25 to be single story. Members of the public were invited to speak in favor or opposition to the petition; the following appeared: Remonstrance: Steve Knapp, 13722 Smokey Ridge Overlook, owner of property close to Sundown Gardens, said he is not in opposition but does have an issue with landscaping on the northern end of his side of the street. Mr. Knapp said he has a legal, non conforming, permitted sign in front of his property and it may be time to make an improvement. Department Report, Jon Dobosiewicz said the Department has questions that they would like the Plan Commission to review at the Committee level regarding the building design and how it creates the transition between the hospital use and the remainder of the Old Meridian zone. The revised elevation was discussed with the petitioner and if the Plan Commission looks favorably on the waiver request, the Department will ensure the building design will conform to the interpretation of the Ordinance and would ask that the Plan Commission accept and look favorably upon the two waivers. If the Plan Commission sends this item to Special Study Committee, the Department would like the Commission to consider action on the two public hearing items this evening regarding height of the wall and the two occupiable floors. The Department would then ask that the Committee be allowed to take final action at its meeting on November 12 on the ADLS portion of the request. Dave Cremeans said he was a little uncomfortable changing the Old Meridian District and he would rather see the hospital district stay where it is and the transitional area more like the Old Meridian District in architecture and standards that have already been established. Nick Kestner said his worst fear when the Mixed Medical was passed has shown up S:AP1anCommission\ Minutes \P1anCommissionMinutes \2002oct immediately. Old Meridian should be the dividing point—west of Meridian should be Mixed Medical —east of Old Meridian should be more "Old Meridian." Most medical campuses are a hodge podge, and the fear is this is going the same direction. St. Vincent should come up with a comprehensive policy of the architect they would like to use in order to ensure continuity and consistency. Ron Houck said he heard a concern expressed regarding access from Guilford, and this has not been adequately addressed. Marilyn Anderson also expressed a concern with the aesthetics of the project and was in favor of granting the Committee full power to look at all aspects of this proposal; Marilyn did not want to forward this Docket to the Committee with some conditions already in place. Jon Dobosiewicz commented that clearly, this building does provide two occupiable floors, and clearly there are portions of the building that are 24 feet in height. If another petitioner were to submit plans saying a building meets all requirements, i.e. 30,000 square feet with a tower and stairway to one office that is 24 feet tall, therefore it is two floors in that area—we don't feel it is the Department's position to approve that through administrative power. The Plan Commission has the power, through the waiver process, to approve that position. Regarding access off Guilford, the Plan Commission specifically within the Old Meridian Zone does not require Development Plan Approval. The Development Plan is reviewed by the Staff administratively, and they have control over ADLS concerns. Pursuant to the TAC meeting held in August, the Fire Department raised a concern regarding access to the site with the larger facility being placed on the property. The Department made a request that access off Guilford be provided. The petitioner submitted a letter from a traffic engineer indicating that the access off Guilford would not create any undue burden on the existing roadway (Guilford) if access were provided. It is the Department's opinion that access off Guilford would reduce traffic congestion at Old Meridian and Guilford and Main Street and Guilford. This issue should be resolved with the petitioner. Dave Cremeans commented that if there is a solid reason for a window wall, OK, but the petitioner's reasoning did not hold water. The time spent in the facility for procedure and recovery is very limited. Wayne Wilson said he would ensure Committee review for access from Guilford. Ron Houck clarified that access from Guilford is not necessarily appropriate, it was just not addressed. Docket Nos. 132 -02 ZW, 133 -02 ZW, and 113 -02 ADLS were forwarded to the Special Study Committee for further review on Tuesday, November 12, 2002 at 7:00 PM in the Caucus Rooms of City Hall. Leo Dierckman indicated that public input would be allowed at the Committee level. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002oct 9 2j. Docket No. 125 -02 ADLS; Natureworks— 421 South Rangeline Road The applicant seeks Architectural Design, Lighting, Landscaping Signage approval for an office building. The site is located at 421 South Rangeline Road. The site is zoned B -1 Business. Filed by Randy Sorrell. Randy Sorrell, 12401 Brookshire Parkway, Carmel, appeared before the Commission representing the applicant. Mr. Sorrell stated he intends to renovate the property at 421 South Rangeline Road for a professional office. The entire exterior would be renovated: vinyl siding, windows, doors, new parking, new driveway, brick, walk -out front porch with wrap- around steps; a walk -out deck on the rear with an overhead pergola, and considerable landscaping. There would also be a water feature, one in front and one in back. Jon Dobosiewicz recommended the petitioner bring photographs of the existing site for the Committee in order to do justice to the level of improvements intended for this site. In addition to ADLS approval, the site will need at least two variances. One variance would apply to the setback from Rangeline Road, the other would apply to a sideyard setback that would accommodate the existing structure being renovated and the location of the existing drivewaya 5 foot landscape buffer is required, a 3 foot buffer is provided. In response to Pat Rice's questions, Randy Sorrell said there is a sign to the front with boulders on either side. Dave Cremeans asked if there were to be heavy equipment stored on the property. Mr. Sorrell responded that no heavy equipment would come to this site and no heavy equipment would be stored at this location. 65% of the work is "out- sourced." Dave Cremeans moved to suspend the Rules of Procedure, seconded by Leo Dierckman and approved 14 -0. Dave Cremeans moved to authorize the Special Study Committee to take final action on Docket No. 125 -02 ADLS, Natureworks, at the Committee meeting on November 12, 2002. The motion was seconded by Leo Dierckman and Approved 14 -0. 3j. Docket No. 143 -02 ADLS Amend; Tom O'Brien Chrysler Jeep The applicant seeks amended Architectural Design, Lighting, Landscaping Signage approval for wall signage. The site is located at 4630 East 96 Street. The site is zoned B -3 Business. Filed by Thomas F. O'Brien for O'Brien Holdings LLC. Thomas F. O'Brien, manager of O'Brien Holdings and Vice President of Tom O'Brien Chrysler Jeep, appeared before the Commission representing the applicant. The Building is now completed and grand opening scheduled for October 24 th S:APlanCommission\ Minutes \PlanCommissionMinutes \2002oct 10 Chrysler had a corporate identity change after signage was approved and before the signage was installed. The approved sign was a blue, individual Chrysler letters. The revised sign is black with Chrysler "wings" under the name Chrysler. The actual size of the sign, top to bottom, is 38 inches. The actual script in the new sign is smaller than in the previous sign. For balance, it is important to have 38 inches on the Jeep sign; the Jeep sign is a forest green. The signs are being provided to O'Brien by Chrysler. Currently, there are temporary banners in place that show the signage. The banners are 36 inches from top to bottom and the letters shown are smaller than 36 inches; the banners are fairly close to the signs being requested. Department Report, Jon Dobosiewicz. The Department is requesting that after review by the Plan Commission, final action be taken this evening rather than forwarding to Committee. With the exception of the change in design precipitated by the Plan Commission having removed Special Uses from the B -3 Zone, now making them permitted uses requiring Development Plan and ADLS approval. The BZA approved the three signs and they are less than the size permitted under the Ordinance. Pat Rice had several questions—actual size of the banner; size of the Jeep sign that looks out -of- balance compared with the Chrysler sign. Tom O'Brien responded that the Jeep sign may appear to be somewhat out -of- balance, but it is the Jeep logo and if it were space differently, it would interfere with the logo. Marilyn Anderson agreed that the Jeep letters are significantly larger than the letters in Chrysler, and it looks very much out of balance. Marilyn would prefer to see the Jeep lettering made smaller to aesthetically balance better with Chrysler. Paul Spranger commented that the revised Chrysler logo was quite good. Paul Spranger recommended that the height of the Jeep letters be 28 inches in lieu of 36 and the sign would then give the identification and still complement the two sizes. Ron Houck said the proposed signs have increased more than 50% over the original. Does this still meet the current Sign Ordinance? Are there any restrictions on the signage regarding the logo? Jon Dobosiewicz responded that the sign permissible under the Ordinance is 40 square feet; the Variance approved by the Board of Zoning Appeals was in regard to the number of signs. At the time it was a Special Use, the petitioner would have been permitted one, 40 square foot sign. Variances were granted for additional signs at the time presented and all of the sign conformed (as they still do) size -wise with the requirements within the Special Use criteria. Today, the issue and the question is "Do they conform with regard to size That answer is "yes." Also, the Ordinance permits, in certain zones, a maximum of 25% with regard to logo. Upon reviewing the request by the petitioner, it did not come to our attention that this would present a S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002oct 11 violation or anything the Plan Commission could not review and approve with the need for a variance to allow additional sizing for the logo. The request conforms to the standards. Nick Kestner said the "Jeep" sign looks larger than 36 inches. Sherry Marchbanks, Sign by Design, appeared before the Commission on behalf of Chrysler. The Jeep lettering is a registered trademark—if it is spread out, it voids the trademark. Per Chrysler's drawing, from top to bottom is 38 inches; the Jeep sign, from the top of the "J" to the bottom of the "p" is also 38 inches. Marilyn Anderson reiterated that the Jeep logo look overwhelming compared to the Chrysler. Ron Houck commented that in terms of design, i.e. font, and spacing between letters; however, the size is something that can be reduced. Jon Dobosiewicz said that some time had been spent reviewing the sign application. In regard to comments from Sign by Design, the Commission fully understands and is aware of its position regarding review of the application. The Commission has the ability to regulate the size of the sign from an aesthetic perspective. If the Plan Commission determines the sign is too large based on current font and format with regard to logo, the sign can be scaled down to where it becomes in balance with the remainder of the site. Nick Kestner said the Jeep sign almost over powers Tom O'Brien. Dave Cremeans moved for the approval of Docket No. 143 -02 ADLS Amend, Tom O'Brien Chrysler Jeep, conditioned upon the Jeep logo being 28 inches from the top of the upper case "J" to the drop on the letter "p." The motion was seconded by Ron Houck and approved 12 in favor, two opposed (Paul Spranger and Leo Dierckman.) There being no further business to come before the Commission, the meeting was adjourned at 9:05 PM. Marilyn Anderson, President Ramona Hancock, Secretary S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002oct 12