Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES March 5, 2008 MEMBERS PRESENT: PETITION #3A-08 Submitted by Ed Martin Chevrolet, Rudy Williams, President Cadillac, Toyota and Ken Montgomery Connie Klungness, Member Greg Spencer, Member for a Variance from the Lot Coverage Willie Rayford, Member Requirement. MEMBERS ABSENT: PETITION #3B-08 Submitted by Ed Martin Chevrolet, Harold Smith, Vice President Cadillac, Toyota and Ken Montgomery for a Variance from the Maximum OTHERS PRESENT: Allowable Parking Spaces. Michael Widing, Development Director Tim Stires, Assistant Development Director PETITION #3C-08 Amber Lewis, Acting Board Secretary, Submitted by Ed Martin Chevrolet, Dave Wilbur, Sr. Zoning Administrator, Cadillac, Toyota and Ken Montgomery Stephanie George, Zoning Administrator; and for a Variance from the Sideyard Setback William C. Kreegar, Assistant City Attorney Requirement. ROLL CALL AND DECLARATION OF A Mr. Stires stated Petition #03-08 is located in QUORUM: the 5400 through 5500 blocks of South Scatterfield Road on the east side and 2000 Mr. Williams called the meeting to order at through 2100 blocks of East 53rd Street on the 4:31 p.m. Ms. Lewis took roll call and south side. Ed Martin of Anderson has declared a quorum with four members in recently purchased the former Leath attendance. Mr. Smith was absent. Furniture Store located just south of the dealership and are wanting to expand their Mr. Williams performed the invocation and dealership, and give that whole area a face the Pledge of Allegiance was recited. lift. The former Leath lot contains 4.3 acres and Ed Martin contains roughly 10 acres to MINUTES: bring the total for the entire proposed business to 14.5 acres. The property is zoned The February 6, 2008 minutes were approved B-2 General Business District. The former as presented. Motion passed unanimously; 4 Leath Furniture store was recently rezoned to yes, 0 no. accommodate the car lot. BUSINESS: They are looking to keep the two (2) building structures in the back of the lot and construct PETITION #3-08 two (2) new buildings along South Scatterfield Submitted by Ed Martin Chevrolet, Road. The office pods that are existing right Cadillac, Toyota and Ken Montgomery now will be demolished in the general Ed for a Special Exception for an Open Martin lot in favor for a new larger building. Automobile Sales Area. The plans for the former Leath building on the south end, calls for the front part of the 1 building to be torn down to make room for the zone class, they are seeking a variance (#3A- new Toyota sales lot, while the rest of the 08). They are lacking 6.5 percent green space building will be renovated and have a new in meeting that requirement. façade/exterior/ skin that will be quite pleasing to the eye. Mr. Stires added there is a satisfactory lighting and isolume plan on file. The Mr. Stires added the General Motors (GM) petitioner is proposing a total of 80 metal sales office building will be roughly 10,500 sq. halide pole lights throughout the complex. ft. it will replace the four (4) pods on the Also, there will be a number of bollard lights existing Ed Martin lot. The resulting 30,500 and some column lighting. sq. ft. building that was the Leath building will be the new Toyota dealership, a division All existing access points to this dealership of Ed Martin. will remain the same, except for one that is in front of the former Leath building. They want The new buildings meet all the setback to seal off the access to the Leath building. requirements except for the new Toyota The frontage road will stay the same. building. The south wall of that building is or has been built on the property line or right Mr. Stires added the petitioner is requesting near the property line. There is a requirement two (2) waivers from the Board’s Design of a 10 ft. setback, so the petitioner is Standards. One is cross access; staff does not requesting a variance (#3B-08) from the encourage traffic from the dealership going sideyard setback for the Toyota building. The over to the residential area. That is why they former Leath Building is pre-existing, and are seeking a waiver from cross access. There can’t be moved. That is the reason for the is plenty of cross access within the lot, variance, so when they demolish the front the customers can crossover from the General rest of the building can stay where it is. Motors side to Toyota and back and forth. There is somewhat a pre-existing cross access Mr. Stires added the whole dealership will be but as far as establishing a new cross access 639,000 sq. ft., which easily exceeds the they are not proposing to do that. minimum lot size requirement of 4000 sq. ft. The Figure 9 requirement is one (1) vehicle Mr. Stires added the second waiver is from parking space per 1,000 sq. ft, so that would sidewalks. There are no sidewalks in the allow them 639 parking spots. The proposed general area, or along South Scatterfield site plan shows a total 800 vehicles, so they Road. They are seeking the waiver from exceed the maximum allowable vehicles by putting any new sidewalks in along 161 spots. Since they are showing additional Scatterfield Road. Staff believes it would be a cars, they filed the variance (#3C-08). The safety concern with the amount of traffic on former Leath building will house the new both the frontage road and Scatterfield Road, Toyota dealership, and that is where the if the sidewalks were put in. majority of the new cars will be located. The petitioner plans to utilize the existing Mr. Stires stated the landscaping plan for the signs. Plans call for relocating one sign to a submitted plan is quite appealing compared to new location. The Ed Martin pole sign, which the minimal amount at the present. They will is on the frontage road, will remain. The add more landscaped islands and borders Toyota pole sign will be moved from the East throughout the dealership. A variety of trees 53rd Street location to in front of the new and shrubs will be planted on the lot. The dealership off of South Scatterfield Road. Both plan also calls for adding a new area of green pole signs meet our specific sign ordinance space that is currently being used as a car lot. requirement. Each building will have wall The lot coverage breakdown is 81.4 percent for signs that also meet our requirements. hard surface and buildings and 18.6 percent for green space. Since they fall short of the 25 Mr. Stires said staff is recommending percent of green space, the minimum in a B-2 approval for the special exception for the Open 2 Automobile Sales Lot, the three (3) variances (lot coverage, sideyard setbacks and parking Mr. Williams asked Mr. Montgomery how requirement), additional waivers (cross access many cars are on the lot right now? Mr. and sidewalks) based on the fact that the Montgomery responded about 600 right now. dealership meets a majority of the Figure 9 Mr. Williams asked with these new buildings, Requirements. Staff feels the expanded they are going to tear down those pods and dealership is compatible with the surrounding build one large building? Mr. Montgomery uses such as Arby’s, Taco Bell and Roby’s answered they have a construction procedure Plumbing to the south, and the Milk Barn they are going through with the five (5) pods. across the street to the north. The petitioner is Plans call for tearing them down and here and represented by Ken Montgomery. constructing one (1) large sales building for the General Motor’s cars. Mr. Williams asked is the Toyota sales office being moved, is it because of visibility? Mr. Rayford asked would the parking configuration be different than what it is now Ken Montgomery, 1020 Jackson Street, stated once everything with the petition is approved? it is a bigger expansion of the property. Toyota Mr. Montgomery stated they are trying to has been in its current location since 1991, separate the cars for sale and where the and Toyota sales are up and they need a visitors will park. bigger lot. The Ed Martin dealership bought the former Leath Furniture building. Mr. Mr. Williams asked is there something that Montgomery added the existing 45,000 sq. ft. can be done to the frontage road, since it is a building is bigger than they need, and it sits on a major gateway into the city? Mr. closer to the road. They are going to tear off Montgomery responded that they would see the front of the Leath building and put up a what they could do, but the submitted plan new façade with a new sales room. The new didn’t make any consideration for the fixing of façade is part of Toyota’s requirement. the frontage road. The entire lot will be redone because of drainage and the islands being put Mr. Stires asked Mr. Montgomery to explain in. The whole lot, by the time it gets done, will why General Motors and Toyota have rules for be dug up, resurfaced and rebuilt. dealerships. Mr. Williams asked Mr. Widing is the frontage Mr. Montgomery stated most General Motors road the City’s property? Mr. Widing and Toyota have rules like “McDonalds.” answered the frontage road is not City Every time you see them, they all look the property, but a private drive with cross access same. General Motors and Toyota are going between the various properties, but Ed Martin the way of all dealerships looking the same owns a piece of it. depending on what product they are selling. General Motors, more specifically Chevrolet, Mr. Williams asked Mr. Kreegar if there is will have a black façade with bright blue, something that the Board needs to get on Cadillac would have a limestone façade. They paper about fixing the frontage road, since are dictated by what the dealer is selling. they are here? Mr. Kreegar stated if the owner is here and willing to commit, then no. Mr. Stires asked Mr. Montgomery is there a specific reason why they are moving the Mark Harrison, managing partner of the Ed Toyota dealership? Martin dealership, resides in Indianapolis, stated that in front of the dealership, his part Mr. Montgomery stated General Motors and of the frontage road is always maintained. He Toyota do not like the closeness to each other. cannot get the property owners beside him to They would like to have some separation take ownership of there part of the drive. Mr. between them. When you go out there now, Harrison stated that he has been to his you’ll be looking at a Chevrolet walk a few feet neighbors on either side of him and they say it and be looking at a Toyota. is not theirs. Mr. Harrison asked if the Board 3 could send a notice to them, letting them dealerships. They are expecting that General know they are responsible for there part, it Motors sales will recover with all the new and would help. exciting products coming out, so that is the need for the parking spots. Mr. Widing stated that since Ed Martin has taken ownership of the former Leath building, Mr. Williams asked Mr. Harrison you need a he is going to improve the building and he will couple hundred more than what you have take care of the frontage road in front of that now? Mr. Harrison stated yes, they have a building now. Mr. Widing stated that he, Mr. little more than 600 spaces on the lot right Stires and Mr. Spyers would have a meeting now, but once all the repaving of the lot is to see what they can do about the adjoining finished it will be more organized and more properties. appealing visibly than what it is now. Mrs. Klungness stated at the very least, let’s Mr. Williams asked Mr. Harrison if they were get a commitment that you are going to still going to sell semi’s on the lot and if they resurface the frontage road in front of the Ed are where are they made? Mr. Harrison Martin dealership. Can we get a commitment? answered yes, and Renegade in Northern Indiana manufactures them. Mr. Harrison stated he would give his commitment to resurface the front of his Mrs. Klungness stated that she has a few property only. That is about 400 ft. of road in questions, one, the additional parking spaces front of the current dealership and the former are already hard surfaced? Mr. Harrison Leath store. answered that they are going to reduce the amount of hard surfacing because of the new Mr. Harrison stated it is Ed Martin’s goal to requirements for green space. They should be make the new improved dealership a part of a able to fit more in a smaller space once they major gateway into the city. They have been are organized. waiting ten (10) years to do something to their lot. They didn’t know if they would end up Mrs. Klungness asked are the parking spaces with the Buick / Pontiac / GMC franchise or going to be marked / striped, what are the size Chevrolet / Cadillac franchise, that is how of the parking spots and why did you choose General Motors has designated the that? Mr. Harrison answered because it make “channeling” on how they want there vehicles the lot look better, helps them market the cars to be grouped together. They have wanted to and more organized. They will be 10 ft. by 18 tear down the pods for over twenty (20) years, ft. and that is because of the City’s Ordinance. but they didn’t know what specific image they Mr. Harrison mentioned that they had to seek would have to adhere too. a variance for Toyota because they want their parking spots to be 10 ft. by 20 ft. Toyota Mr. Williams stated if we get a commitment, agreed to abide by the City’s Ordinance. are you okay with making a covenant about resurfacing the frontage road? Mr. Harrison Mrs. Klungness asked on the signage is that stated he was more than happy too, but even going to change or are you going to reuse what if you didn’t ask for a covenant, they were is already there? Mr. Widing stated he going to repave the frontage road. Also, could thought that the Toyota sign is going to be the members of the Board send letters to the relocated. Mr. Harrison stated they asked to businesses that use the frontage road, and put the new Toyota sign in place of the Leath maybe they could have the entire road sign position. There will be no added signs on repaved at the same time to save money. Mr. Scatterfield Road; they will just be moving it Williams stated they would send a letter. from one location to another. Mr. Harrison added the Ed Martin dealership does not own Mr. Harrison went more in depth over the the Toyota signs, they lease them from a need for more parking spaces. The 800 spaces subsidiary of the manufacturer. It is their they need is the maximum in some car brand. 4  moved to approve Petition #3A-08. Mr. Mr. Williams asked would the new dealership Spencer seconded. Motion passed 4 yes and 0 be color-coordinated? Mr. Harrison stated that no. each manufacturer has there own requirement for what their buildings will look Mrs. Klungness made a motion to approve like. Toyota will be a white-silver, whereas the Petition #3B-08 because it would not be GM building will be silver. Both will use the injurious to the public health, safety, morals same grey-silver panels on the front. The and general welfare of the community, it panels are 18 inches by 18 inches and they would not adversely affect the surrounding stick on the masonry of the building. The properties because the petitioner is currently center of each building where the sales floor is taking a hard surface area that is pre-existing will be different colors. The GM sales floor will and adopting the City’s requirement of 10 ft. be silver and Toyota will be black. They will by 18 ft. parking spaces, which comes out to a be high-tech looking. calculation of having an additional amount of parking spaces that can be used for future Mr. Spencer mentioned they are specifying growth, inventory and sales, would result in some tree species, has the City Arborist practical difficulties in the use of the property approved them? Mr. Stires stated as of right if the proposed variance were denied because now, we do not have a landscaping ordinance the space is already there, so let’s designate it yet. We send the plans to Tammy Doty-Davis as parking area to benefit the petitioner. who is the City’s landscape architect. She Based on the findings, Mrs. Klungness moved reviews the plans, and if she thinks any of the to approve Petition #3B-08. Mr. Spencer species are not compatible with the area, she seconded. Motion passed, 4 yes and 0 no. sends Mr. Stires a critique list and he in turn sends the list out to the developer letting them Mrs. Klungness made a motion to approve know. Mr. Montgomery stated that there is no petition #3C-08 because the building is a pre- problem, because there are not a lot of trees existing structure which abuts other hard on the lot. surface areas and there is no reason to totally demolish the pre-existing building. Based on Mr. Spencer stated that one of the tree species those findings, Mrs. Klungness moved to is on Purdue University’s list of the ten (10) approve Petition #3C-08. Mr. Spencer worst trees to plant in Indiana, which is why seconded. Motion passed, 4 yes and 0 no. he asked. Mrs. Klungness made a motion to approve Mr. Williams asked if the landscaping would Petition #3-08 for a special exception for a be properly maintained. For example if a tree auto sales lot because it is in a proper zone dies, would they replace the tree? Mr. district, all the Figure 9 requirements have Harrison stated yes, they hire a company to been granted, and it will serve a public need come in to prune the trees, mow the grass and and convenience because expanding a current trim the bushes. facility for our consumers here in our area as well as surrounding areas by increasing Mrs. Klungness made a motion that Petition inventory and making it a more pleasant place #3A-08 be approved because it would not be to shop, it would not permanently injure the injurious to the public health, safety, morals appropriate use of the surrounding properties and general welfare of the community, the because the business is pre-existing and other variance would not affect the surrounding properties that surround the dealership are properties because they are pre-existing hard all retail nature or service industry and is surface areas and would result in practical consistent with the spirit, intent and purpose difficulties in the use of the property, if the of the zoning ordinance because of growth, proposed variance was denied because there expansion and the beautification of the south has been such an effort made to add more end of town. Based on those findings and the green space to this area than what is there approval of the two (2) waivers (cross access now. Based on the findings, Mrs. Klungness and sidewalks) plus the hard surfacing of the 5 frontage road or what is attached to their two waivers would be from the five ft. concrete property, Mrs. Klungess moved to approve sidewalks and cross-access. In this type of petition #3-08. Mr. Rayford seconded. Motion business, a lot of vehicles that move around passed 4 yes and 0 no. are wreckers and so forth. Mr. Stires added it is not really a place that you would want PETITION # 5-08 pedestrians walking through. Submitted by Nelson Lee and Anderson Wrecker Service for a Variance from the Staff is recommending approval of this proposed variance, from the front yard setback Front Building Setback Requirement. requirements and the four (4) waivers. Staff feels the proposed new accessory building is Mr. Stires stated Petition #5-08 is located at aligned with the office building next door, so 305 W. 1st Street. This property does contain they are quite similar as far as setbacks. just short of two acres, and is zoned I-2 Approval would allow this wrecker service to Industrial. Mr. Stires added sometime in get back to the way it was before the fire. The 2007, there was a pretty good fire on this petitioner is here, and represented by local property, and the petitioner lost a large architect, Kato Smith. accessory building. They are wanting to replace or rebuild that building. They are Mr. Williams asked what is going to be housed wanting to put this new building where the in the new building? old one was located. The new building is a 42 ft. by 56 ft. by 16 ft. high, metal pole barn type Kato Smith, President of Kato Design Studio, of structure. This proposed building does meet 7 East 12th Street, said primarily they are all the minimum setback requirements, except going to use that for impound storage, police the front setback requirement of 30 ft. The department impounded cars and things like site plan does show a setback of 6 ft. off of that, so they need secure storage for that. The West 1st Street, is 24 ft. short of the minimum new building they are building, is basically requirement. The petitioner is seeking a replacing the one from the fire damage. Mr. variance from the minimum front yard Stires said and it is smaller than the original setback requirement. This proposed new building, but it is going to go back in the same building is in line with the existing office, area as the old one was and re-utilize the slab impound office structure next door. Mr. Stires that the original building was on. added the two buildings are going to be aligned with each other, which is one reason Mr. Williams asked Mr. Smith how close is why the board should approve this petition. that fence to the new building? Are you going The petitioner is not proposing any new to build up to that fence? Mr. Smith stated the signage, no new parking, no new lighting, and fence would be terminated at the building. no new landscaping. They need to have a secure lot, beyond the fence. Mr. Stires stated the petitioner is asking for four (4) waivers, from the Board’s Design Mr. Williams asked Mr. Smith about Standards. The first two being concrete impounding of a criminal nature, what would curbing and a 5 ft. green barrier. The majority you put in that building? Mr. Smith stated of their parking area, especially at the east whatever the police department would end, is all gravel. It has been gravel for a consider something that they call an impound. number of years. There is some concrete around the proposed building, and there is Mrs. Klungness asked the parking that is in some additional gravel to the west of the the front of the office is pre-existing, is that building. The petitioner does not feel it would gravel or hard surface? Mr. Smith stated it is be practical to have to go back in and curb a a mix there between the gravel and hard graveled parking lot, at this time, also to add surface. Mrs. Klungness stated her concern is a green strip around the outside of the over the parking around the business outside parking area would be too costly for an of the fence. Can we get a commitment to keep industrial type of use such as this. The other 6 as many of the trucks as possible inside the difficult to do that. Mr. Lee said he would try fence? Mr. Widing stated it is wide enough to when he gets the building up. allow the parking. Mrs. Klungness asked if they are allowed there then, to park those big Mrs. Klungness made a motion that the trucks out there? Mr. Widing stated it has petitioner is just going to replace a building been for numerous years. Mr. Widing asked that he lost in a fire, using the existing Mr. Lee do you have room behind the fence to footprint and foundation. The building is park those big trucks? smaller than what was there originally. It would not adversely affect any of the Nelson Lee, 305 W. 1st street, stated the surrounding properties or the community reason why those are outside the fence, is due because of what was already existing there, to the fire. They could not put them back and could result in practical difficulty in the where they were because of all the nails from whole operation based on the placement of the previous building debris. They need to this building. Mrs. Klugness requested the come back inside, but they are working to get petitioner submit a covenant that he would cleaned up. The trucks will come back inside agree to placing all equipment such as semis, the fence. As far as the tow trucks, Mr. Lee trailers, large equipment that service this said they could put them inside, but it is industry, not necessarily cars, be placed convenient to have them sit outside, so they behind the fencing on his property, not in the can just walk out and go. Mr. Lee stated they City’s right-of-way. Grant the waivers of are going to put an automatic gate opener, curbing, green space, sidewalks and cross- which they will not have to get out and access. Based on this with the waivers, Mrs. manually open and close the gate, which will Klungess made a motion to approve this make it better. Mr. Lee assured the Board he Petition #05-08. Mr. Spencer seconded. Motion has the room inside for them. passed, 4 yes and 0 no. Mr. Kreegar stated he would like Mr. Lee to PETITION #6-08 sign a covenant to keep those semi’s and tow Submitted by Uhl Keith Stone and trucks inside the fence once the new building Timothy Stewart for a Variance from the is completed. Mrs. Klungness asked Mr. Smith if he knew what she was talking about Rear Yard Setback Requirement. Petition and if he would help Mr. Lee with that, and #6A-08 for a Variance from the Lot submit it to the planning department. Coverage Requirement. Petition #6B-08 for a Variance from the Parking Mr. Lee agrees with the covenant, and states Requirement. that he and his wife agree that those big trucks need to come inside the fence. They are Mr. Stires stated Petition #6, #6A and #6B already making plans to bring them in. submitted by Uhl Keith Stone and Timothy Stewart is located at 1211 East 53rd Street, Mrs. Klungness asks Mr. Lee you are using and was formerly the Hardee’s restaurant, the same footprint of the original building and across from the old Clark Station, east of the replacing the original one that was lost in the Radiant Bride. This piece of property is .93 of fire? Mr. Lee stated yes. an acre, and is zoned B-1. The petitioner plans to demolish the site and to replace it with a Mr. Williams asked Mr. Lee is there any way proposed new Dollar General store. The site that the tow trucks could be placed in a line plan shows a 70 ft. by 130 ft. by 17 ft. high and when they get a call, go and not have the Dollar General store, to be located in the trucks parked on the side of the street, when southeast corner of the lot. The petition meets you get the gate? Mr. Smith said they could all minimum setback requirements except for make an effort to do that, however at different the rear setback, which is 20 ft. They show a times and depending on days when there is a rear setback of 14.87 ft, which is roughly 5.13 lot of movement coming in, it makes it ft. short, of the 20 ft. requirement. They are 7 asking for a variance from that rear yard rear. They are seeking a variance from the lot setback requirement. coverage requirement. Staff notes part of the reason or the cause of There are no waivers being requested with why they can’t meet the 20 ft. setback this petition. requirement is at the front of the property, because staff asked for additional right-of-way Mr. Stires stated the lighting plan is dedication of 15 ft. so that has compressed the proposing several wall and roof mounted build able area on the lot. They did the best exterior lights, ranging from 100 – 400 watt they could, as far as keeping a minimal metal halide lamps. Staff has a satisfactory amount of parking spaces that Dollar General isolume plan on file. Signage is going to be a requires also getting a 5 ft green strip along single wall sign, on the front of the building, the front of the parking lot, keeping the and a pole sign. Both meet the minimum spacing they needed between the aisles of requirements as far as the City’s Sign parking strips / lanes and still getting nearly a Ordinance. Staff is recommending approval of 15 ft. setback. the proposed three (3) variances (rear yard setback, lot coverage and parking spaces). Mr. The site plan does show a 36 ft. wide access Stires stated the Dollar General project is a driveway in the northwest corner of this good use for a blighted piece of property, and property, off of the south side of 53rd Street. it will provide a very popular type of business There is a total of 30 curbed and asphalted for the south side of town. Staff notes if you parking spaces around the north and west choose to approve this, it should be contingent side of the proposed building. Parking upon receiving satisfactory documentation requirements for a department store located that the petitioner has agreed to do the right- in a B-1 zone class, is one parking space for of-way dedication out front. Mr. Stires added every 200 sq. ft. of floor area. This proposed the petitioner has not closed on the property building is a 9000 sq. ft. building, so the yet, so that was a stumbling block. They did requirement would be 45 spaces, so they fall not want to enter into a grant of right-of-way short by 15 spaces of the parking requirement. when they didn’t own the ground yet. There is That is why they filed for a variance from the a letter on file from the petitioner’s lawyer Mr. parking requirement. Tim Davis, a promissory agreement saying that if these petitions are approved, they will Mr. Stires stated the landscaping plan shows follow through with the grant of right-of-way. trees and shrubs to be planted around the front entrance to this property, and some Andrew Rossell, Kalamazoo Michigan, he is additional plantings at the rear, near the representing the Buckholder Company, to dumpster areas. Mr. Stires added part of the which has the option for this piece of land. Mr. landscaping plan also shows the required 6 ft. Rossell stated the reason for this variance, is fence, across the rear of the property. The because of the additional granting of right-of- plan says a screening fence, but we assume it way along the frontage, is 15 ft. along 53rd will be wood. The lot coverage breakdown for Street. He added if we didn’t grant that, we building and hard surface totals 80.5 percent, would meet all Ordinance requirements, and green space is 19.5 percent. The except they were a little shy on the open requirement for green space is 25 percent. space. It is paved from property line to Again if you go back to the site plan, the right- property line currently, and they feel that this of-way dedication that took away the 15 ft. would spruce that site up quite a bit and strip across the front the petitioner could come Dollar General does a great job of maintaining closer to the 25 percent requirement. Mr. their properties. Stires stated the petitioner did the best they could, with the landscaping of the green strip One of the variances that they are requesting around the outside of the parking lot, is a reduction on parking. Mr. Rossell said the plantings in the front and plantings in the City’s Ordinance requires one parking space per 200 sq. ft. of floor area, not as sales floor 8 or net floor area. Many other communities provided to the City for review. All will be that they worked in, it’s one space per 200 sq. maintained. ft. of usable floor area, and that would be sales area. That is why they used that formula, as Betty Farler, 1214 Paul St., approached the sales floor area is 160 sq. ft. of sales area, and Board and stated she lives behind or south of that equates to 36 parking spaces. Mr. Rossell the proposed store. She requested the wood added Dollar General is a nationwide chain fence be eliminated, so she could see the and they have a minimum of 30 spaces. They traffic on East 53rd Street. have done research that shows that is an acceptable amount of spaces for their use, and Mr. Stires stated the fence is part of the they don’t like to see a lot of unattended requirements of our Zoning Ordinance. Mr. parking spaces. Stires added when a business zoned B-1, adjoins residential use, they are required to Mr. Williams stated looking at the footprint, put up a fence between the two, mainly for the that is really tight. Mr. Williams asked is protection of the homeowners. 9000 sq. ft., the norm for building a Dollar General store? Mr. Rossell answered that is a Mrs. Farler stated the former Hardees’s normal prototypical store. Restaurant did not have a rear fence. Mr. Widing stated because our ordinance changed, Mr. Williams asked Mr. Rossell how many after those businesses located there. Ms. people would be employed? Mr. Rossell stated Farler states she does not want the fence. Mr. there typically would be two to three Kreegar stated the purpose of the fence is to employees at peak hours, such as a holiday protect the residential property that is time. Mr. Williams said normally there is two adjacent to the business and since Ms. Farler employees during regular work hours, seven is the homeowner, she can negotiate with days a week. Dollar General and have something more pleasing to look at. Mr. Stires stated he tried to squeeze more green space out of this property, because a Mr. Widing asked Ms. Farler if she would normal aisle is 24 ft., but on the site plan it prefer landscaping? Ms. Farler responded yes. shows a huge 36 ft. aisle, which is going to be Mr. Kreegar suggested that she work with the used for delivery of products. Planning Department and they will work with the Dollar General representative, and they Mr. Rossell stated the wide aisleway is for will all come up with pleasable screen along truck deliveries for the truck to maneuver on there, so you don’t have to look at wood fence. site. They use an auto-turn program, which is software that allows you to project the truck Allen Farler, 1214 Paul St., questioned Mr. movement on site, due to the compactness of Rossell about the lighting at night? He stated the site. That is what the truck will need to his mother Betty feels more secure at night make that turn on site. with the lights on, since it lights up her backyard. Mr. Williams asked Mr. Rossell Mr. Williams asked Mr. Rossell when would what is the typical time frame that the lights deliveries be made? How many times a week? will stay on at the proposed building? Mr. Mr. Rossell stated the deliveries are mainly in Rossell responded the lights will stay on until the morning, before the store opens up. The 9 pm and then they have security lights on the store might receive deliveries two to three back. times a week. Mrs. Klungness made a motion to approve Mr. Rossell mentioned the screening fence Petition #6-08 for a variance. The approval is would be a wood board fence, six ft. tall. The contingent upon the right-of-way dedication to dumpster will have its own enclosure and that the City being granted. She moved to approve will be wood board. All of these details will be Petition #6-08. Mr. Rayford seconded. Motion passed, 4 yes and 0 no. 9  Planning Commission and City Council for the Mrs. Klungness made a motion regarding past three months. The location for this Petition #6A-08 for the lot coverage petition is 4130 South Scatterfield Road. This requirement. This is an existing space, property is .37 of an acre and is located landscaping and planting being added that between Olive Garden and T&H Sweeper. The will help the aesthetic look at the very least. property is zoned B-1, it was previously B-4. There are to be some compromises with the The petitioner wants to put a car leasing neighbors to the back of the building, which business on this lot and because it was zoned will enhance the aesthetic look of the area. B-4, that was not allowed. Mr. Stires stated The variance would not adversely affect the they had the property rezoned to B-1 to surrounding properties. Based on those accommodate this venture. Mr. Stires stated findings, Mrs. Klungness moved to approve the site plan shows a 21-space asphalt and Petition #6A-08. Mr. Spencer seconded. curbed leasing lot. This 16000 sq. ft. lot far Motion passed, 4 yes and 0 no. exceeds the minimum lot size requirement of 4000 sq. ft. The Figure 9 Requirement for a Mrs. Klungness made a motion regarding 16,000 sq. ft. lot breaks down to one parking Petition #6B-08 for the variance for the space per 1000 sq. ft. of lot area, or 16 spaces. parking requirement. The approval would not They have 21 spaces and are over that be injurious to the public, health, safety, requirement by five spaces. The layout is well morals and general welfare of the community done for the piece of land. Staff is in support or would not adversely affect the surrounding of the proposed variance from the parking properties since this has been used requirement of five extra spaces. This would commercially. There is used existing hard include parking spaces for customers, surfacing, the footprint is changing a little bit, employees and those cars that are up for but in order to grant the city the right-of-way lease. as well as the green space, there is only so many parking spaces that can go into this Mr. Stires adds car-leasing lots, according the space, so they meet the parking space size, Figure 9 Requirements, must be at least 300 and have determined that 30 spaces is the ft. from a residential use. They are less than 8 ideal amount for this type of business, Mrs. inches from meeting that requirement. That is Klungness moved to approve Petition #6B-08 why they are seeking the variance. the variance from the parking space requirement. Mr. Rayford seconded. Motion Mr. Stires states the access to this proposed passed, 4 yes and 0 no. building will be by way of the access road that runs along the east side of the frontage lots, PETITION #07-08 that services both this proposed development Submitted by CSN, LLC for a Special and Olive Garden to the north. The parking Exception for an Open Automobile Sales spaces will be wrapped around the proposed office building and prep area. and Leasing Area. Petition #7A-08 for a Variance from the Parking and Double Mr. Stires notes this proposed building meets Stacking requirement. Petition #7B-08 all the minimum setback requirements except Variance from the Requirement that No for the side yard setback, which is 10 ft. They Automobile Sales or Leasing Area to be are showing a 5 ft. setback from the property located closer than 300 ft. to a Residential line. That is why they are proposing a variance from the side yard setback Area. Petition #7C-08 for a Variance requirement. Mr. Stires adds they are from the Side Yard Setback Requirement. proposing a variety of trees and shrubs to be planted around all sides of this property. Lot Mr. Stires stated Petition #7-08, #7A-08, #7B- coverage is 76.1 percent covered by building 08 and #7C-08 has been submitted by CSN, and hard surface, and roughly 24 percent for LLC. This is a petition that was long in green space. Staff felt that they were so close coming. The petitioner had to wait for the to the 25 percent minimum, which they did rezoning of this property, through the 10 not have to seek a variance. There is an behind it being that car sales and leasing acceptable lighting and isolume plan on file. areas not be right on top of a residential They show five pole lights around the property. The nice thing with this is that they perimeter of the parking areas. They are have Olive Garden in between the two. proposing two identical wall signs to be placed on the building. One will be placed facing Mr. Davisson pointed out on the landscaping Scatterfield Road and the other facing north, plan, they are saving the big tree on the back they are the same size and both say of the property. Paul Nicholson representing Enterprise, and meets our Sign Ordinance CSN, LLC, added they made a concerted effort requirements. to save the large tree. Mr. Williams asked is this the best site for Mr. Stires stated the petitioner is seeking two this leasing business? Mr. Davisson responded waivers, one being the 5 ft. concrete sidewalk yes, because with any development, the requirement. There are no sidewalks in close business owners came to them and they proximity to this. Staff feels it would be a wanted this site. They performed safety hazard to have sidewalks along the demographics of this area, such as traffic flow, heavily traveled Scatterfield Road. Staff is closer to Interstate 69, hotels and the horse supporting this waiver from the 5 ft. sidewalk track. requirement. The second wavier is from cross access requirement. The petitioner doesn’t feel Mr. Williams asked are they going to bring all it is practical to have cross access to either of of their facilities from the Mounds Mall? Mr. the adjoining businesses. Davisson states yes, and there should not be any trouble to rent out where they are since Mr. Stires notes the petitioner is asking to they are currently in a strip mall. withdraw a variance that they asked for previously. They asked for parking spaces to Mr. Williams asked Mr. Davisson if this be 9.5 ft. wide, but they have since widened petition were approved, how soon would they the spaces to 10 ft., which meets The City’s make the move to the new building? Mr. minimum requirement. A previous site plan Davisson stated they are ready now to move. showed some double stacking of the spaces, and that has also been eliminated. Paul Nicholson, 2730 E. 100 N., stated they are ready to sign the lease, but they need to Staff is recommending approval of the special complete all of this before signing the lease, exception, three variances (parking, sideyard and the plans have to go to the State to be setback and 300 ft. separation from a approved before they can get a building residential use), two waivers (sidewalks and permit. Mr. Nicholson added as soon as all of cross access), because the car leasing lot meets that is done, they can start construction, and a majority of Figure 9 Requirements. Mr. be done in 3 to 3 ½ months. Mr. Williams Stires added the car leasing lot is compatible asked Mr. Nicholson is this a better site since with the surrounding business uses, including everything is happening in the south? Mr. Olive Garden, Marshall’s, Fazoli’s and those Nicholson answered they have struggled to types of businesses in that area. The find a use for that site because of the size. petitioner is here and represented by local This works well on this site, and they are attorney Bill Davisson. tickled to find someone to go in there. It has sat empty for eight to ten years, and are Bill Davisson, 1111 Meridian St., stated his happy something is ready to go in the area. client is requesting approval for a leasing area not a car sales lot. It will be Enterprise Car Mr. Williams asked is that standard about 20 Rental that will be leasing at this site. Mr. to 21 cars per lot? Mr. Nicholson stated they Davisson stated the variance they are seeking would have two or three employees and is from the requirement that a leasing area lot several spots for customers. Mr. Nicholson be no closer than 300 ft. to a residential area. added not all of those spots would be rental Mr. Davisson added obviously the reason cars. They don’t make any money if they have 11 cars sitting on their lots; they only make car rental place in Southdale Plaza; it is a money when the cars are out on the road. National Car rental operation. Most of their fleet will be out most of the time. Mr. Williams asked is this the best use for Mr. Williams asked a question to Mr. Rayford. that land? Mr. Nicholson responded yes, it is Mr. Williams stated he knows that Mr. the first good use that they found in a long Rayford has rented a car at Enterprise before. time. Mr. Williams asked would the leasing lot Do a lot of people drop off vehicles from other add service to the citizens of Madison County sites or do they drop them off where they rent because of the location? Mr. Nicholson them? Mr. Rayford answered there are people answered especially being on the south side, that will rent one in say a different state and because the rental cars would be heavily drop it off here (Anderson) and leave it. Mr. orientated for the hotels and collision centers, Rayford reiterated Mr. Nicholson mentioned all of those generate car rentals. There are not their goal is to have the least amount of much of those near the mall. inventory on the lot at any given time. They are not going to have a lot of cars on the lot at Mr. Williams asked is this the only Enterprise anytime, because anytime they do they are site right now? Mr. Nicholson stated that he is losing money. not Enterprise, he works for the shopping center. He is not aware if they want to put a Mr. Williams asked about double stacking second site in the city. This is a relocation what would that be, cars parked behind one from the mall area to an area that will another? Mr. Nicholson stated in the original generate more business. plan there were a few spaces that could hold two (2) cars in one extra long spot, they Mrs. Klungness asked is there a realized that they city has a desire to not have representative from Enterprise at the that, and they denied that for several others. meeting? Mrs. Klungness stated that she It was a convenience thing, and it was not a wanted to know what would be the maximum problem to take them off. amount of cars they would need or have there at one time? Mr. Davisson stated that at any Mrs. Klungness asked is there a reason why given time you never know when someone is they cannot meet the sideyard setback? Mr. going to drop-off a car or pick up a car, it is Nicholson stated with the layout of everything going to vary. Mr. Nicholson stated that they it just didn’t allow for them to meet the put in the lease that they cannot have requirement. The lot is a narrow site. It is anymore than 21 cars on the lot. Mr. hard to develop and this allows them to be five Nicholson added Enterprise does trade with ft. instead of 10 ft. back. It allows them to get other Enterprises for cars. For instance they everything in there that they need. Mr. might have too many full-size cars and not Davisson stated the main reason for the enough economy size in Anderson and Muncie sideyard setback variance is because of the big might need a full-size, so they would swap. tree on the lot, because they want to keep that You can rent a car from one location and drop tree. If they slide everything over five (5) feet, off at a different location. the entrance to the lot will take out the tree. Mr. Davisson added they want to save the tree Mrs. Klungness asked Mr. Nicholson what if as part of their landscaping. Enterprise stores extra cars in the vacant lots nearby? Mr. Nicholson stated that they do not Mr. Davisson stated since Olive Garden is have the right to do that. it states in the lease right next door, it would be more pleasing for they do not have that right. They cannot park their customers to look over the green space the extra cars, employees or customers in the and the cars versus a block building. Mr. vacant lots. They have a ten (10) year lease. Davisson added that is why it is better to have the building up against T&H Sweeper. Mr. Widing stated he would like to answer a question that Mr. Williams asked. There is a Mr. Nicholson stated that there is six (6) ft. between the Enterprise building and the 12 entrance road of T&H Sweeper. They are seconded. Motion passed, 3 yes, 1 abstention using five (5) ft. of it for part of the green and 0 no. space requirement. Mr. Nicholson added there would be shrubs planted behind the building Mrs. Klungess made a motion to approve to separate them and T&H Sweeper. petition #7A-08. If this petition were approved it would not be injurious to the public health, Mr. Williams asked Mr. Nicholson how long safety, morals and general welfare of the would it take to build this building? Mr. community or would not adversely affect the Nicholson stated depending on the weather it surrounding properties. It would result in would take three to four months. Mr. practical difficulties because they have Nicholson said once the state approves it, they adequate parking spaces for the number of could break ground in mid to late April. They vehicles, they have met the green space would be open in late July early August. requirements and are over by just a few parking spaces. Based on those findings and Mr. Williams asked about how many that our parking ordinance is in need of employees they would have and how many revision and made similar allowance for other days in a week are they open? Mr. Nicholson parking spaces and they have met the 10 ft. by stated about two or three at a time, there 18 ft. requirements for the spaces, that they would be eight or nine total employees. They approve this petition without the double are open five and a half days a week. stacking. Mr. Rayford seconded. Motion passed 3 yes, 1 abstention and 0 no. Mrs. Klungness made a motion to approve Petition #7B-08. It meets all the findings of Mrs. Klungness made a motion to approve facts basically Mrs.Klungess feels that eight Special Exception Petition #7-08. If this (8) inches is really too close to call. Personally petition were approved it is in a proper zone it should have been a push in this case, but district and Figure 9 Requirements have been because there is an established building/ met or variances granted. It will serve a public business between the two pieces of property, need and convenience by future need for those this property being Olive Garden and the in the growing areas of our community. It will residential area, this petition could be not permanently injure the appropriate use of approved based on those findings. Mr. Rayford the surroundings properties since they are seconded. Motion passed, 3 yes, 1 abstention retail, service or commercial use, and it is in and 0 no. the spirit, intent and purpose of our Zoning Ordinance by promoting growth and Mrs. Klungness made a motion to approve development of land that is currently Petition #7C-08. If this petition were approved undeveloped. Based on those findings, Mrs. it would not be injurious to the public health, Klungness moved to approve Petition #7-08, safety, morals and general welfare of the and grant the waivers of sidewalks and cross community and would not adversely affect the access. Mr. Rayford seconded. Motion passed, surrounding properties by allowing the five (5) 3 yes, 1 abstention and 0 no. ft. setback difference. The building will be located close to a hard surface drive, there will PETITION #08-08 be landscape between and in order to preserve Submitted by Hoosier Park, LLC for a green space and a well established tree in that Special Exception for an Amended area as well as to regulate traffic the best that they can going in and out of this particular Development Plan for a Public/ Private small parcel of property. Mrs. Klungness Recreational Development. Petition #8A- added it has been determined that this is the 08 for a variance from the Parking Space best configuration and that space would be Size Requirement. needed for the sales / leasing area. Based on those findings Mrs. Klungness moved to Mr. Stires stated Petition #8-08 and #8A-08 approve Petition #7C-08. Mr. Rayford was submitted by Hoosier Park, LLC and the Anderson Parks Department. This project is 13 for a proposed 10 acres, while the entire cross access and sidewalks. Since those Hoosier Park development is at 139 acres. The waivers were granted before they will not be project site has a split zoning of B-4 and I-3. required to seek those again. This property is vacant ground right now. The petitioner is seeking a Special Exception for Staff is recommending approval for this an Amended Development Plan for a Public/ special exception and variance from the Private Recreational facility. Mr. Stires added parking size requirement, because the the petitioner would like to add additional proposed parking lot expansion, landscaping parking on site. It would be on the west edge and additional lighting meets all the of the complex, it would be to help applicable Figure 9 Requirements, and a accommodate the anticipated patrons come majority of the Board’s Design Standards. June 1st that would utilize the slot machines Petitioner is here and represented by Rick at the casino. Moore. The site plan shows a new 963 space curbed Mr. Williams asked Mr. Moore could he tell and asphalted parking lot. There is currently the board about the parking space size and a stubbed end on Dan Patch Circle where this why they need it? Rick Moore, Hoosier Park parking lot will be. Virgil Cook Boulevard will Race Track, 4500 Dan Patch Circle. Mr. be relocated more to the northwest to connect Moore stated they are hopeful with the casino with East 38th Street. This will boost their plus the racing operation they are going to total parking spaces from 2416 to 3379 reach out to more demographics and have parking spaces. more people coming to Hoosier Park on a daily basis, and they want to make sure they have Mr. Stires stated they are seeking a variance enough parking in close proximity for all. from the parking space size requirement. The They went out and purchased the ten (10) spaces they are requesting will be 9.5 ft. wide acres in the hopes of transforming those ten spaces. The same variance was granted twice (10) acres into additional parking. before during earlier phases of the project. The proposed parking lot shows an area for Mr. Williams asked where would the valet bus parking. There is no new proposed parking be in there? Mr. Moore stated that the signage other than directional signs to tell valet parking would be located at two (2) patrons where to park. fronts, one at the racing entrance and the other in front at the racino entrance. There Mr. Stires stated the landscaping plan, at our will be four (4) lanes of traffic where request, has been beefed up as shown. They customers can pull up and walk up directly to are showing landscaping around the the building. Valet parking will be the closest perimeter of the proposed parking lot. A parking to the facilities along with the number of landscaped islands at the end of the handicap parking. rows of parking, and a large landscaped island in the middle where a large power pole will be Mr. Williams asked Mr. Moore would almost located. They are showing various of trees and 3,400 parking spaces be enough? Mr. Moore shrubs to be planted throughout and states he thinks it will be adequate; it just ornamental grass. Lot coverage is adequate depends on what day of the week and what is with 74 percent of the lot will be hard surfaced going on at the track. They might have to look and 26 percent will remain green. for other places to park if they need it. Mr. Moore said he believes on a day-to-day basis, There is a satisfactory lighting plan on file. it should be enough spaces for the near term. They are proposing 32 pole lights through out the parking lot. These lights will match what Mr. Williams asked Mr. Moore if Hoosier Park is out there now. owns the fields along the entrance way coming in off of 53rd street? Mr. Moore states they do Waivers were granted earlier for the two not own those parcels of land. previous parking lots that were proposed from 14 Dick Butwin, of Indianapolis and Beam, Mrs. Klugness made a motion for approval of Longent and Neff, said there are only two the Special Exception Petition #8-08. If entrances in to the new parking lot. Mr. approved, it is in a proper zone district and Butwin added going out eventually when the Board granted the variance for the Figure Virgil Cook Boulevard is built along the new 9 Requirement. It will serve a public need and parking lot, there will be an exit onto the road. convenience by providing additional parking Mr. Williams expressed his concern on how for the customers and will not permanently confusing the parking is out at the track. Mr. injure the appropriate use of the surrounding Donnelly assured him it would be more uses around these properties because it is organized. Mr. Moore stated that once June parking and development, it is consistent with comes, it will be cleaned up with new asphalt the spirit of the zoning ordinance by and landscaping. promotion of growth and making it easy access for the people that want to visit the Mrs. Klungness asked with the 3400 parking petitioner’s establishment. Based on those spaces, you are anticipating 7000 people a findings, Mrs. Klungness moved to approve day, so you are at least looking at one Petition #8-08. Mr. Spencer seconded. Motion turnover per day. Mr. Moore said it will be passed, 4 yes and 0 no. over a 24 hour period, they will have some turnover. Mr. Donnelly said there will be more Petition #09-08 than one person per car. Mr. Moore said the Submitted by Mt. Pilgrim Church for a average 1.75 persons per car. Variance from the Ground Sign Height Requirement Patrick Manship, former Madison County surveyor, stated he was involved with the Mr. Stires stated this property is located at project when it started. He asked has the 615 Henry Street, the former Riley county drainage board approved the drainage? Elementary School. This property contains Mr. Widing stated yes. Mr. Manship said okay over four (4) acres, and is zoned R-3 and thank you. Residential. This former school with playground is surrounded by a middle class Mrs. Klungness made a motion to approve neighborhood with houses on all sides of this Petition #8A-08. Based on the findings, this is property. The petitioner (Mt. Pilgrim Church) a variance from the parking space size would like to increase their community requirement that is reducing the size of the visibility by erecting a new church sign on the parking space in order too provide as much 6th Street side which is the front of the church parking area as possible and since the building. The new sign is proposed to be 4 ft. previous parking spaces have been of the by 8 ft. by 8 ft. high. It is not a ground sign same size, this would not be injurious to the and its not a pole sign, it is in-between. The public health, safety, morals and general ground signs are not to exceed five (5) ft. high; welfare of the community or would not this is eight (8) ft. tall, which is three (3) over. adversely affect the surrounding properties A pole sign can go as high as 25 ft. tall and because it is all parking and would result in have a 10 ft. clearance; obliviously it does not practical difficulties if we reduce the size of meet that. The closest it meets is a ground the parking spaces based on the amount of sign requirement, but it is three (3) ft. over. land and property that they have it could Mr. Stires stated that is why they are here to cause people in our community and seek a variance from the ground sign height surrounding communities not to have a place requirement. to park and cannot partake in the casino/ race track. Based on those findings Mrs. Klungness Mr. Stires stated they do meet all minimum moved to approve Petition #8A-08. Mr. front setback requirements. The site plan Rayford seconded. Motion passed 4 yes and 0 shows a ten (10) ft. setback to the leading edge no. of the sign. This sign is to be located on the west side of the front walkway that goes up to the church. Staff is recommending approval of 15 this variance. The staff feels that if this is for parishioners and neighbors, it would not approved it will give the church increased adversely affect the surrounding properties visibility and exposure to the community. The because has been an existing institutional taller sign will make it easier for church building for many years, and would result in members or people just trying to find the practical difficulties in the use of the property church and or to see it from some distance. if the proposed variance was denied because it Staff feels that the sign will not cause any would cause a hardship on the parishioners vision problem for anyone. Petitioner is here because locating the weekly message that they and represented by Pat Manship. would like to see on that sign. Mr. Spencer moved to approve Petition #9-08. Mrs. Mr. Williams asked if there is a sign there Klungness seconded. Motion passed, 4 yes and right now? Patrick Manship, 626 Jackson St., 0 no. stated that he did not see one. Meeting adjourned at 7:17pm Mr. Williams asked Mr. Manship is that sign going to be too big for that space there? Mr. Manship stated the only concern he has before the sign is built is for the Planning staff to come out to the church and verify if you pull out of the driveway there is not a blind spot. Mr. Manship stated that would be one concern that the church would want to address before they build the sign. Mr. Stires stated the sign will sit on top of a hill, he believes there will not be a vision BY: ______________________________ problem as the cars pull out. Again the sign Rudy Williams, Chairperson being ten (10) ft. back from the backside of the sidewalk. He does not see a problem. ATTEST: ___________________________ Amber Lewis, Acting Board Mr. Stires stated he did have one phone call Secretary from a neighbor that owns a house on the corner of 6th and Henry Street. They were concerned if the sign was going to be internally lit sign. Mr. Manship stated to his understanding it would not be lit on the outside. Mr. Rayford asked what hours will the sign be lit? Mr. Manship said that he could not answer that question, but there is one member of the congregation here Mr. Miles. Mrs. Klungess asked Mr. Manship would there be messages on the sign for services? Mr. Manship stated that was his understanding. Mr. Spencer made a motion to approve Petition #9-08. If it were approved, it would not be injurious to the public health, safety, morals and general welfare of the community, because it would provide increased visibility 16