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HomeMy WebLinkAboutMinutes BZA 11-26-12 //Gj\S C. 47( I e -RS'f'N 1 City Carmel F-R^;7f 31Wito,i r V"E,. INDIAN MINUTES Carmel Board of Zoning Appeals Regular Meeting Monday, November 26, 2012 6:00 PM Council Chambers, Carmel City Hall Present: James Hawkins, President Kent Broach Alan Potasnik Ephraim Wilfong Earlene Plavchak (absent) Connie Tingley, Recording Secretary Staff members in attendance: Alexia Donahue Wold,Planning Administrator Rachel Boone,Planning Administrator Mike Hollibaugh, Director, Department of Community Services Legal Counsel: John Molitor Previous Minutes: On a motion made by James Hawkins and seconded by Alan Potasnik: The Minutes for the meeting dated October 22,2012 were approved as circulated. MOTION CARRIED UNANIMOUSLY Department Report: Alexia Donahue Wold ® Items 1-2, Greyhound Commons— Signage, has been tabled indefinitely ® Items 10-15, 9800 N. Michigan Rd, Docket Nos. 12110004 V, 12110005 V and 12110007 V have been withdrawn by the Petitioner ® Items 10-15, 9800 N. Michigan Rd, Docket Nos. 12110002 V, 12110003 V and 12110006 V need suspension of the Rules of Procedure o Public Notice was late ® Last BZA meeting of the year Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: . To suspend the rules for Items 10-15, 9800 N. Michigan Road. • MOTION CARRIED UNANIMOUSLY • Carmel Board of Zoning Appeals November 26,2012 Legal Report: John Molitor • Hearing before Judge Nation November 20th in regard to Bowen variance case o Have already spoken to 3 of the 5 Board members o Not conclusive, but seems in good shape o Not likely to get ruling before middle of January 2013 o In reviewing BZA Rules of Procedure, one discrepancy versus change in State legislation passed last year o Hearing Officer process for over ten years with maybe one Appeal o State legislation states an appeal must be filed within five days to the full BZA Board after the decision has been made by the Hearing Officer o Current Rules of Procedure state 14 days, which complied with previous legislation o Recommended Rules of Procedure be amended Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: To amend the Rules of Procedure to be consistent with the State Law which dictates five days as the time limit to file an Appeal from the Hearing Officer? • MOTION CARRIED UNANIMOUSLY Announcement: Mr. Hawkins thanked Mr. Broach for his years of service to the community and the BZA Board. This will be his last meeting. Public Hearing: 1-2. TABLED INDEFINITELY: (V) Greyhound Commons-Signage. The applicant seeks the following development standards variance approvals: PF0Posed -1-existing-allowed) proposed, 10' allowed). The site is located at 14480 Lowes Way. It is zoned PUD/Planned Unit Development. Filed by Joy Skidmore of Kite Realty Group. 3. (UV) Tom Wood Parking Lot,Day Drive. The applicant seeks the following use variance approval for a surface parking lot on a residentially zoned property: Docket No. 12080016 UV ZO Ch.6.01.01 Permitted Uses. The site is located at 9624 Day Dr. It is zoned S-2/Residence. Filed by Paul Reis of Krieg DeVault for Tom Wood, Inc. 4. (CA) Tom Wood,Day Drive Access. Docket No. 12080017 CA. The applicant seeks approval to amend a commitment made in 1969 as a part of the Special Exception for an auto dealership, to allow access to Day Drive. The site is located at 3130 E. 96th Street. It is zoned B-3/Business within the Keystone Overlay Zone. Filed by Paul Reis of Krieg DeVault for Tom Wood, Inc. Items 3 and 4 heard together. Page 2 of 16 1 Carmel Board of Zoning Appeals November 26, 2012 Present for the Petitioner: IPaul Reis,,Krieg DeVault, Larry Heid,Tom Wood Management and Ed Horrigan,TruWorth Auto Sales • Site location map shown for proposed surface parking lot o Indicated properties in the area(TruWorth,Tom Wood Ford,JC Sipe Jewelers, Advisio Real Estate, proposed parking lot, the Allman residence and a commercial office park to the west) o Parcels for parking lot are currently owned by Lighthouse Tabernacle Church o Parcels to west and south have retained S-2 Residential zoning with Use Variances for business purposes • Proposed parking lot will be used for car storage for TruWorth Dealership o Passive use o No ongoing activity on the surface lot;only storage • No lights, speakers, sales activity or fencing • Not sales area in connection with car dealership • TruWorth Dealership has small piece of land and needs this storage for inventory purposes • Feel the Use Variance is consistent with adjacent properties: west, south and east o Will not have impact on residential use to the north • Transports were issue discussed with property owners and Department o Arrows indicated transport vehicle delivery path • Transports will enter westbound off 96th Street • Travel north up Day Drive • Turn in proposed curb-cut on Day Drive onto Tom Wood Ford property • Proceed east and then south adjacent to TruWorth building • Drop off vehicles • o Would transports be stopping and idling on Day Drive? • No gates anticipated to stop transports from entering property • Transports should not be coming through at all hours of day or night • Transports will have access on 24-hour basis • Transports only drop off vehicles and move on • No reason to stop on Day Drive • Day Drive is private, not public street o What impact would transports have on Day Drive? • Tom Wood is prepared to enter into maintenance agreement with all owners of adjacent properties along Day Drive • As long as Day Drive is a private street, any and all repairs and maintenance needed will be made by Tom Wood • Will not be continuous transports • Will not be stopping on Day Drive • Maintenance should not be significant •. Rendering of landscape plan shown o Proposed detention basin that may be installed • Location of existing home • Engineering Department wanted preliminary drainage plan pending approval of Use Variance o Preserve all existing tree line to west o Additional landscaping along north and east sides • As a private street, Day Drive has some ingress/egress easements and sewer easements Page 3 of 16 Carmel Board of Zoning Appeals November 26,2012 o Parking lot set back to west because of existing north/south easement along Day Drive • Commitment made in 1969 o Original auto dealership proposed at 96`h and Keystone o Condition to Special Exception was there would be no access from Day Drive into the automobile dealership • At that time, all properties along west side of Day Drive were residential • Allman property only remaining residential property • Lighthouse Tabernacle owns property to north and proposed parking lot parcels • Other two parcels to south are being used for commercial purposes o Character of area changed dramatically since 1969. Commitment o Commitment Amendment is necessary for use as surface parking lot o Without curb-cut, transports would move down Day Drive out onto 96`h Street and then back into dealership • Additional traffic and congestion on 96th Street Remonstrance: Jim Burroughs, attorney representing Carl and Julia Allman, 9628 Day Drive (north of subject property) • Mr. Allman has lived there 12-14 years • East of his parcel is Day Drive with access to their property and two auto dealerships • West of their parcel is fully developed woods and detention pond serving commercial office development located to south and west • Existing Commitment does not give an opening to Tom Wood property o Full growth of mature trees and shrubs along Day Drive shield and buffer commercial use • Granting petitions will destroy peaceful and quiet setting in which his clients live o This use will harm this one home/residence o Excess noise produced by vehicle transports on Day Drive o Mr. Allman is over-the-road trucker and said vehicle transports are 8 feet wide • Day Drive pavement is 14 feet • Will tie up traffic from other commercial uses along Day Drive • Frequency of arrival of transports is not controlled;could happen day or night • During a meeting with Petitioner, they asked if there was any investigation into thickness of pavement and material strength to support trucks o Petitioner had not investigated these points o This road was not intended to support heavy trucks • Granting modification of Commitment will destroy buffer that currently shields Allman home from noise and light from two dealerships o This is what Commitment was intended to protect against • There will be security issues o Unlit used car lot/parking lot o Opportunities for vandalism o 92 parking stalls on site plan o Vandalism can happen any time, day or night • Vandals can paint cars,vehicles can be stolen o Sundays could be shopping days without salesmen • Allman's property values will be affected by this intense commercial use • This is not a parking lot Page 4 of 16 Carmel Board of Zoning Appeals November 26, 2012 o Parking lot is where customers and employees come,park their cars while they shop or work o This area is in an employment node • Uses contemplated under Comprehensive Plan are: • Professional business offices • Hospital and medical offices • Office supporting commercial use such as restaurant, coffeehouses and print shops • Parking lots typically associated with any of these uses in employment node o Office or restaurant would have parking lot for people to come and go • This is a used car parking lot • No sales will take place • There will be activity • It will not be completely passive o Transports will be unloaded o Employees will drive cars onto the parking lot o Previously-owned vehicles stored while work is being done • Driven back off to be worked on • Driven back on when work is complete • Activity will be going on • Concern regarding a"drag strip"where employees will test out cars o Already happens up and down Day Drive • Concerns were also submitted in writing on September 18 • From legal standpoint, this does not meet requirements in Ordinance and State Law for granting of Use Variance conditions: o Granting of Variance will not be contrary to public interest due to existence of special conditions such that enforcement of the Ordinance will result in unnecessary hardship ▪ Department Report says this condition is met because several surrounding properties are currently being used for business, making it difficult to use this site as residential. This proposed use would be minor intensity. • Under the Law in Indiana, to establish an unnecessary hardship,one must show plight of owner of property is due to unique circumstances and not to general conditions in the neighborhood • Department and Petitioner are citing exactly that: the general conditions in the neighborhood • Conversion into a more commercial use o Current commercial uses are all uses in Employment Node in Comprehensive Plan • This is an adjunct to the car dealership and should be considered as car dealership use • Not the kind of commercial Employment Node type of uses mentioned in Comprehensive Plan • It is an intense commercial use • A self-created hardship is not a unique or unnecessary hardship • Just because Tom Wood has run out of room to store his cars does not mean he is entitled to a variance on property zoned residential Page 5 of 16 Carmel Board of Zoning Appeals November 26,2012 o Granting the Variance will not be injurious to the public health, safety, morals and general welfare of the community • Department Report claims this condition has been met because parcel is compatible with surrounding uses and landscaping will be provided to help buffer the use • It is not compatible with the surrounding uses o Both adjacent property owners are vigorously opposed to these petitions o Petitioner must establish that use or value of area adjacent to subject property will not be substantially affected in any adverse manner • Department Report says this is met because the use is compatible with existing and surrounding uses and site landscaping will be sensitive to surrounding uses • Same argument as made in previous, not compatible • Even the commercial uses do not affect his client's property o JC Sipe fronts onto 96th Street with primary access from 901'Street o Commercial office development located to south and west is accessed only from 96th Street with retention pond on back of property • Buildings are not visible from Allman home • They do not live next to an active,noisy commercial use, as in this case o The need for variance must arise from a natural condition peculiar to subject property • Sounds like that would be the nature of the land itself • Currently building/residence on subject property with green space • Building will ultimately be torn down • Vacant field with grass • No natural condition that is peculiar to this property • Department Report states although property is zoned residential, there are several business uses and Comprehensive Plan denotes area as Employment Node • This is not an Employment Node use • This is B3/Business use • This use would be in different node,other than Employment Node • It is an encroachment and should not be permitted o Granting the Variance must not substantially interfere with the Carmel Clay Comprehensive Plan • Employment Node means office uses and accessory parking for offices and restaurants • Other less-intense commercial uses, like uses already there • This use is not even contemplated by Comprehensive Plan for this land • Everyone wants businesses to succeed, but not at expense of the neighbors most affected, both business and residential • Oppose the Commitment o Question if access easement benefits Tom Wood property • What property owners will be allowed to use it? • Tom Wood should demonstrate they have legal access to property at Day Drive • Recorded survey, submitted for record, describing easement • Two parts: 25 feet on each side of Day Drive center line • Just residential lots are drawn out Leo Lichtenberg,owner 9616 Day Drive (adjacent south of proposed development) • 2009 Comprehensive Plan shown Page 6 of 16 Carmel Board of Zoning Appeals November 26,2012 o Shows uses on west and east side of Day Drive are two different districts • Employment Node on west side of Day Drive • Community Node on east side • Most dealerships along 96th Street also show Community Node • Sent letters to BZA Board with all his concerns o He looks to Board to consider decisions already made • Decisions implemented in Comprehensive Plan and Concept Plans • 96th &Westfield Concept Plan specifically mentioned best use for west side of Day Drive o Some type of neighborhood commercial ■ Dealership proposing a parking lot is not a neighborhood commercial use • Precedence in BZA Docket V-52-00 • Board created buffer between dealerships at Auto Mall at 96`h Street and Randall Drive • Roads were 34 feet wide • Day Drive is private 18 feet wide road o Concerned with cars being tested along Day Drive o Not adequately sized for heavy transport vehicles • He has not seen a maintenance agreement o Any maintenance costs would be a decrease in value for his property • He wants to protect his investment o He had to consider these same documents when he relocated to area • Same precedence that would create market support for neighborhood commercial • 1969 BZA Board placed a Commitment on the Tom Wood parcel • He wanted 1969. Commitment to stay in effect Rebuttal: Paul Reis • This area is residentially zoned o Mr. Lichtenberg's property and jewelry store came in for Use Variances o Typically these would be Rezone petitions o Variety of,uses have been allowed in this area from office to retail, as well as general office • Employment Node is in Comprehensive Plan o Comprehensive Plan is not the Zoning Ordinance o This area is continuing to evolve o Area has not been rezoned into commercial uses for a variety of reasons • Transports will not be continuously driving up and down this road o They will be infrequent o Not an intense use o Cars will be moving back and forth, but not continuous stream of vehicles going back and forth • Security issues o Lights and sounds would be more detrimental to area and neighbors o Proposed to be quiet parking lot o He is sure Mr. Horrigan will instruct his employees not to use Day Drive to test vehicles • Maintenance agreement has not been presented Page 7 of 16 Carmel Board of Zoning Appeals November 26,2012 o Talked generally to the people o Willing to step forward to address maintenance o Inventory lot will not be drain on value of adjacent properties • It will be well-maintained • Landscaping will be added on borders to alleviate any impact to north Ed Horrigan: • Whole idea is a safety issue off 96`h Street • o No more than 15 transport carriers are coming in seven-day period • Maybe 2 per day o Transport vehicles clog up 96th Street trying to back into TruWorth dealership • No easy in/out access from 96`" Street • They block 96`'' Street traffic close to intersection trying to back into property • Going in from Day Drive gets them out of traffic on 96th Street as fast as possible • Whitley Drive on south side of 96`" Street into BMW Dealership is exactly the same • Will not be surface testing on property • Will not be heavy use by transports o Just signed contract for security • Outdoor cameras will be set throughout building with two on parking lot parcel • One on each end with night-vision cameras • 24 hours per day, seven days per week • Security will be stored for over two months • Cameras will be installed on building next week • If approved,cameras will also be installed on this property o Will not be used for test track • Everything is done out front of building and onto 96th Street • Through their property, not using Day Drive • Will only cross over Day Drive to retrieve cars Department Report: Alexia Donahue Wold • All but one property surrounding this parcel are used for something other than residential • Carmel Clay Comprehensive Plan designates this area as Employment Node on Land Use Plan • Proposed use as parking lot will not have a major effect on area o No sales activity o No parking lot lighting o Substantial buffer along all portions of parking lot • Satisfied with proposed landscape plan o Provides adequate buffer to adjacent properties • Petitioner has worked with Engineering Department and they are comfortable with proposed use • Commitment Amendment o Area surrounding dealership was largely residential o Has transitioned into more business/commercial area o Comprehensive Plan shows as Business Node • Buffer along Day Drive will remain in place o Portion will be removed for one access drive onto Day Drive Page 8 of 16 Carmel Board of Zoning Appeals November 26,2012 • Ask Petitioner to commit to no idling of cars or trucks on property or along Day Drive • Ask Petitioner to commit to permeable pavers or something similar to help reduce impact of parking lot on drainage and stormwater quality Department supported the Use Variance and Commitment Amendment Discussion: • Currently transports enter from 96th Street to drop off inventory • With new plan, transports would enter from Day Drive and stop on dealership property to discharge inventory on dealership property o After servicing, cars would be moved to proposed parking lot for storage o There should never be enough transport vehicles to create stacking on Day Drive • Space for at least five carriers on Tom Wood property • Two can unload simultaneously • They would not be seen by neighbors • Takes 30 minutes to off-load full carrier o Transports will only use Day Drive to drive into dealership o Deliveries usually occur around 7:00 a.m. or 6:00-8:00 p.m. o No gates to prevent transports from entering dealership property • Middle-of-night transports would park between buildings • Day Drive is owned to center line by all property owners along Day Drive • Mr. Lichtenberg's property was a home that has been renovated o It is zoned S-2 Residential with a Business Use Variance • Proposed parcel is vacant lot and second lot with vacant house o Allman property is north of these two parcels • Sipe Jewelers granted right-of-way to City along Day Drive o Enlarged right-of-way along Day Drive near 96th Street • Mr. &Mrs. Richard Weber, owners of property in 96th Street Office Campus, submitted a letter opposing the parking lot on Day Drive o Their property is west of proposed parking lot • Currently each residence has a curb cut onto Day Drive o Two businesses and one residence use Day Drive • With two curbs cuts,one west and one east,how much buffer will be removed? o Only enough will be removed to install the drive o Allman residence buffer will not be disturbed • Maintenance agreement will address how and when Day Drive will need maintenance o It will be recorded at the County o If Day Drive becomes a public street, it would eliminate the need for maintenance o Tom Wood would pay all costs as long as uses remain status quo • Access easement along west side of Day Drive • No lights on parking lot • Detention pond is a possibility when drainage plan is finalized o It would be in north section of site with outlet under Day Drive into the Tom Wood property o It would be part of Development Plan submittal o Pond would provide additional buffer to Allman property Page 9 of 16 Carmel Board of Zoning Appeals November 26,2012 • Landscape plan has been approved by the Urban Forester, Daren Mindham o Used bufferyard requirement of ornamental shades and shrubs o Greater buffering on north along residential property • Do not anticipate "Sunday shoppers"on parking lot o Will not be presented as a sales area • Drainage plan has not been finalized,but permeable pavers will be considered • Lighthouse Tabernacle is current owner • Use Variance goes with ground owned by Trust for Tom Wood Ford properties o If someone bought TruWorth, they would need an agreement with Tom Wood Trust to use the property o Use Variance goes with property • Autos parked on lot will be in storage holding area o They will be reconditioned, repaired and waiting to go to next location o May not be TruWorth • They do business with Our Motors, a large wholesaler in the Midwest o Someone from TruWorth would retrieve any cars to show to customers • Hours of operation are 9:00 a.m. to 7:00 p.m. • One entrance cut on north o No cut on south proposed at this time • Tabernacle owns parcel on north of Tom Wood Dealership o Were only willing to sell parcel on west side of Day Drive Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: Docket Nos. 12080016 UV and 12080017 CA, Tom Wood, be approved, for permitted uses and a Commitment Amendment to allow access to Day Drive with Conditions: 1. No idling of automobiles will occur on site or on Day Drive 2. Only one cut is permitted onto Day Drive from the East 3. Permeable pavement or a similar method will be used for the parking lot 4. A maintenance agreement will be executed by the parties involved and all costs for maintenance of the road will be incurred by Tom Wood 5. No lights on the parking lot itself MOTION CARRIED 3-1 (Hawkins negative) Action: Conditions will be executed as written Commitments by the applicant. 5-9. (V) Tom O'Brien—Signage The applicant seeks the following development standards variance approvals: Docket No. 12100007 V Ch. 25.07.02-08 b) Number of signs (9 proposed, 6 allowed) Docket No. 12100008 V Ch. 25.07.02-08 c) Total square footage (459.39 sq. ft.proposed, 306.20 sq. ft. allowed) Docket No. 12100009 V Ch. 25.07.02-08 b) Number of signs facing a ROW south (6 proposed, 3 allowed) Docket No. 12100010 V Ch. 25.07.02-08 b) Number of signs not facing a ROW west (2 proposed, 1 allowed) Page 10 of 16 Carmel Board of,Zoning Appeals November 26,2012 • Docket No. 12100011 V Ch. 25.07.02-08 d) Ground sign height(8' proposed, 6' allowed) The site is located at 4630 E. 96th St. It is zoned B-3. Filed by Kevin Buchheit and Paul Reis of Krieg DeVault on behalf of Tom O'Brien Holdings, LLC Present for the Petitioner: Paul Reis, Krieg DeVault and Tom O'Brien,Jr., Tom O'Brien Holdings, LLC Tom O'Brien,Jr. • O'Brien Family in business since 1933 • 96th Street a little over 10 years • Acquired Dodge brand • Chrysler Corporation decided to break out truck division as Ram brand • Need to add two brand signs to building • Shared existing monument sign with Tom Wood Organization is not practical o New monument sign on eastern portion of property o Will abandon current shared sign • Need new service entrance sign o Approximately two years ago, Chrysler launched "Express Lane Service" concept o Proposed sign will be only indication of this express service • As in the past, O'Brien family will and has been around a long time. o They are not sellers. o They own their building. o Quality of construction and visual appearance of their"home' is more important to them than it is to us. o Have enjoyed wonderful relationship with City of Carmel over past 12+ years and look forwarding to being good neighbors for next hundred years Paul Reis: • Aerial location map shown with Auto Dealer Park • Thanked Rachel Boone for working with them • Map of existing (E) and new (N) signs • Ground sign has changed location from plans submitted to Board o New location has moved west from previous corner position o Current ground sign is one panel on ground sign for Auto Park (west edge of parcel) • Increase in total signs for addition of two new brands and the Express Service signs • As franchiser, Chrysler has set of rules for signage o O'Brien Dealership has picked up Dodge franchise and Ram as a line of trucks • New sign plans distributed to Board o Able to reduce wall sign for Express Service (#6) • Originally over 110 square feet • Reduced to 62 square feet • Sign package from Chrysler had options for signs/sizes • Picked most appropriate size based on dealership and presentation within program ® Lowered overall proposed signage to 409.5 square feet • 70 square feet more than current signage • Rendering of number of signs facing south along 96th street Page 11 of 16 Carmel Board of Zoning Appeals November 26,2012 o Chrysler sign package requires displaying all brands on front façade • Distinctive Tom O'Brien cursive font logo has changed to straight font per Chrysler's requirements o Sizes of signs are part of Series 12 package, dictating size of each brand name • Rendering of west façade for service entrance o Currently just"Service" sign is used o New "Express Lane Service" sign shown e Ground monument sign overall height, including foundation, is 8 feet o Addition of Tom O'Brien name and/or address would be after-manufacture fabrication • Adequate information provided • Name and/or address would clutter sign • Tom O'Brien name is already on east and west sides of building and will be added with new sign on south facade • This is smallest monument sign fabrication permitted by Chrysler o Current Tom O'Brien panel will come off Tom Wood Auto Park sign Department Report: Rachel Boone e Spoke at length today about outstanding comments and questions o Old cursive signs will remain on east and west facades o Willing to change front/south façade to a straight/plain font to meet franchise requirements o "Jeep" and "Ram" seemed to overshadow "Tom O'Brien" • All are standard sizes that go together, with no deviations • Mr. O'Brien is okay with new sizes o Concerned about size of"Express Lane Service" sign • . Two directional signs indicate location of Service Department • Currently three square feet"Service" signs above each entry door ® Will be removed and replaced with this "Express Lane Service" sign ® 105 square feet seemed too large - `New "Express Lane Service" sign will be 61 square feet ='0. Department supports this reduction o `Overall'only=abbut 70 square feet over total allowed for this site (previous variances) • Reduction of"Express Lane Service" and elimination of panel from Tom Wood Auto Park ground sign Department recommended positive consideration of the variances as shown. Discussion: • Department Report had recommended denial of 12100008 B V and 12100010 V o Department changed recommendation after sign was reduced by 40 square feet o Department supports new numbers on plan distributed to Board e What will Carmel do in the future when companies indicate franchises require signage larger than permitted by Sign Ordinance? o Department takes word of client o Can do further research to verify requirements o Tom O'Brien provided documentation of sign options Page 12 of 16 Carmel Board of Zoning Appeals November 26, 2012 i o Seems to be issue only with car dealerships and hospitals that need multiple signage o Just spent months updating/revising Sign Ordinance o Petitioners still need variances for sizes required by franchises • Dodge banners will be removed o Not aware they were illegal;learned through Department Report o Delay in requesting new signs because of negotiations with Chrysler over signage o Sign permits can be obtained for banners as temporary identification signs • Four brand signs on fascia are smaller than two current brand signs o All from same series for brand signs to work together • Current Tom Wood Auto Park sign is six feet tall o New Tom O'Brien monument sign will be eight feet tall o Sloping grade for monument location will make it appear not much taller than six feet o Somewhat consistent with Tom Wood Auto Park sign because of grade elevation o Tom Wood will probably redo their sign because Volkswagen dealership is moving Motion: On a motion made by James.Hawkins and seconded by Ephraim Wilfong: Docket No. 12100007 V through 12100011 V, Tom O'Brien - Signage, be approved, for number of signs (9 proposed, 6 allowed); total square footage (409.57 square feet proposed,339.20 square feet allowed); number of signs facing a right-of-way: south (6 proposed, 3 allowed); number of signs not facing a right-of-way: west (2 proposed, 1 allowed); and ground sign height (8 feet proposed, 6 feet allowed). Docket Nos. 12100007 V, 12100008 V, 12100010 V 4-0 Docket Nos. 12100009 V, 12100011 V 3-1 (Potasnik negative) MOTION CARRIED 10-15. (V) 9800 N. Michigan Rd. Dunkin Donuts, C-Store and Commercial Building. The applicant seeks the following development standards variance approvals for a new commercial development with a fuel/gas station: Docket No. 12110002 V ZO Ch.23C.11.G Location of stacking for drive-thru lanes Docket No. 12110003 V ZO Ch. 25.07.02-9(b) Total number of signs, Docket No. 12110004 V ZO Ch. 25.07.02-9(c) Total square footage Docket No. 12110005 V ZO Ch. 3 Identification sign 25%..logo area,32% requested Docket No. 12110006 V ZO Ch. 23C.09.D 8 feet deep facade offsets, 4 feet requested Docket No. 12110007 V ZO Ch.,23C.08.02.B 120 feet maximum building setback The site is located at 9800 N. Michigan Road. It is zoned I-1/Industrial within the Michigan Road Overlay Zone. Filed by Jon Dobosiewicz of Nelson &Frankenberger, for H & H Restaurant Management. Present for the Petitioner: Jon Dobosiewicz, Nelson & Frankenberger; Brad Walker, H & H Restaurant Management; Eric Gleissner, Civil Site Group; Brad Smith, Site Architecture and Jim Shinaver, Nelson & Frankenberger • Four acre site along Michigan Road o Site aerial shown o Properties to north are commercial and light industrial o Uses across Michigan are hotel and vacant commercial sites o Light industrial and manufacturing to south and west of parcel Page 13 of 16 • Carmel Board of Zoning Appeals November 26,2012 • Two commercial buildings proposed o Fuel station with associated pump island canopy • Two approvals requested: o Development Plan and ADLS approval through Plan Commission • Forwarded to Special Studies Committee December 4, 2012. o Development Standards Variances approvals through BZA • Color rendering of site plan shown o Access off two planned Michigan Road driveway cuts • One aligning with 98th Street • Seconded right in/right out o Two multi-tenant buildings • Dunkin Donuts and fuel center in one building o Department suggested site plan be adjusted to pull both buildings forward to comply with 120- foot setback requirements in Overlay • New illustration distributed • Position of north commercial building changed (90 degree turn) • Positioned to north perimeter • Both buildings pulled forward to Michigan Road to comply with 120-foot setback • Eliminated need for variance from 120-foot setback (12110007 V) • Dunkin Donuts/C-Store building drive-thru stacking o Vehicle stacking for drive-thru on back and along south side of building o Menu board and order window on back of building • Not visible from Michigan Road • Only vehicles coming around building to pick-up window visible from Michigan Road • Further blocked from view by buildings to the south • Additional landscaping added along south perimeter of parcel • Landscape plan approved by Urban Forester • Additional evergreens • These further mitigate view of drive-thru with vehicle stacking • South Building elevations shown (Dunklin Donuts/C-Store) o " Building materials primarily brick, cast stone and glass o Dunkin Donuts has north and east frontages, with entrances facing each frontage o Variance would allow second sign for Dunkin Donuts for second entrance • Logo variance no longer needed (12110005 V) • Logo has been reduced to meet 25% requirement • Square footage variance no longer needed (12110004 V) • Total of two signs will be 68 square feet, which is allowed under New Sign Ordinance • Variance needed for reduction in eight-foot façade offsets o Typically smaller buildings in US 421 Corridor receive variances for smaller façade offsets more appropriate to size of building o Offsets will be provided on all four sides of building o Offsets along east, west and north facades are approximately four feet in depth o Offsets along south side are approximately two feet in depth o Elevations shown with projecting elements/offsets • Offsets/recesses on south façade will screen any mechanical/utility access Page 14 of 16 Carmel Board of Zoning Appeals November 26,2012 e Second/north building footprint shown o Compatible offsets and projections along south and north end of building o Building north of parcel with Wild Birds Unlimited is entirely flat o Building entrances will face south • Met with.Marilyn Anderson and Dee Fox from Clay West Information Council to address their concerns submitted in a letter o After meeting, submitted letter of support to Board o At their request, agreed to install two windows with blacked-out glass to façade along Michigan Road • Business activity inside store may not warrant vision-glass windows • Similar to another building along Michigan Road o Email from group thanking them for the good meeting with an amicable agreement, decrease in variance requests and taking steps to offset impact where variances are still needed O Continue to work with Department to refine proposed site development and building plans for Special Study Committee review o Building facades, landscaping, lighting—unrelated to variance requests Department Report: Alexia Donahue Wold • Pleased Petitioner was able to reduce variance requests from six to three o Department supports remaining three variances • Landscaping on side and front yards will help minimize negative effect of stacking for drive-thru o Drive-thru set back far enough from Michigan Road to not be as visible • Since it faces one public street, only one sign is allowed per tenant o Because of orientation of site and buildings, Department supports the variance for additional signage for the two east end cap tenants t • Providing four-foot deep offsets breaks up the façade . o Per regulations, not long, monotonous walls o Architectural design helps reduce any negative impact on the Michigan Road Corridor Department recommended positive consideration of Docket Nos. 12110002.V, 12110003 V and 12110006 V. . Discussion: • Variance allows second sign on east end cap of building toward Michigan Road o Primary sign will be above north customer entrance o Second sign above east customer entrance facing Michigan Road o Variance request is only for tenant space with second customer entrance (Dunkin Donuts) o Each tenant space is allowed one sign o North facade does not face Michigan Road . • Agreement to add windows to east elevation of north building • Awning graphics of three square feet or less for Dunkin Donuts are exempt o Not considered into total square footage for site o Similar to small directional ground signs • Two wall signs for one tenant are not exceeding permitted total square footage o New Sign Ordinance does allow for secondary sign for tenants with two entrances Page 15 of 16 Carmel Board of Zoning Appeals November 26,2012 o This signage meets overall goals Motion: On a motion made by James Hawkins and seconded by Ephraim Wilfong: Docket Nos. 12110002 V, 12110003 V and 12110006 V, be approved,for location of stacking for drive-thru lanes; total number of signs and 8 feet deep facade offsets (4 feet requested) with the Commitment two windows will be added to the east elevation of the commercial (north) building. Docket Nos. 12110002 V and 12110006 V 4-0 Docket No. 12100003 V 3-1 (Potasnik negative) MOTION CARRIED Withdrawn by Petitioner: Docket Nos. 12110004 V, 12110005 V and 12110007 V: Development Standards Variances for total square footage, identification sign 25% logo area (32% requested) and 120 feet maximum building setback. Action: Applause for Mr. Broach's years of service on the Board of Zoning Appeals Board. Adjournment Motion: On a motion made by Kent Broach and seconded by James Hawkins: The Meeting be adjourned. MOTION CARRIED UNANIMOUSLY The meeting adjourned at 8:25 PM. Approved this ° day of cji-1-4-1-4-- y. 20 13 er,,L74 .. , / P esident- James R. awkins Secretary - ni; ingley Filename: 11262012.doc Page 16 of 16