Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES March 4, 2009 MEMBERS PRESENT: Mr. Stires stated this property is located on the northeast corner of the intersection of Rudy Williams, Chairperson Enterprise Drive and Quality Circle in The Harold Smith, Vice Chairperson Flagship. This 3.05 acre site is presently Connie Klungness, Member vacant and is bordered on the west and north Greg Spencer, Member by the ACS (Affiliated Computer Services) Willie Rayford, Member Call Center and parking lot. Mr. Stires added the property is zoned I-3 Industrial Reserved MEMBERS ABSENT: and is known as platted Lot #3 in The Flagship. OTHERS PRESENT: Mr. Stires stated the petitioner is seeking special exception approval for an I-3 Planned Michael Widing, Development Director Industrial Development for the construction of Tim Stires, Assistant Development Director an industrial office building / warehouse for a Dave Wilbur Sr. Zoning Administrator new business known as Zatkoff Seals and Stephanie George, Board Secretary; and Packing. The submitted site plan indicates the William Kreegar, Attorney Zatkoff building will initially measure 76 ft. by 190 ft. by 27.3 ft. high, or a 13,345 sq. ROLL CALL AND DECLARATION OF A facility. Mr. Stires added the same site plan QUORUM: shows the possibility of a future addition on the rear and north sides of the building. The Mr. Spencer called the meeting to order at expansion measures approximately 60 ft. by 4:30 p.m. Ms. George took roll call and 290 ft. by 27.3 ft. high or an additional 17,000 declared a quorum with three members in sq. ft., which will more than double the size of attendance. Mr. Spencer performed the the new facility. Mr. Stires stated the Invocation and the Pledge of Allegiance. Mr. proposed building easily meets the minimum Williams and Mr. Rayford arrived at 4:32 p.m. lot size requirement, minimum setback requirement, the 50 ft. building setback from MINUTES: the center line of the interior road, maximum number of principal entrances from major The February 4, 2009 minutes were approved thoroughfares and thoroughfares must be as presented. Motion passed unanimously; 3 adequate to carry additional traffic. yes, 0 no. Mr. Stires stated the site plan shows a total of BUSINESS: 41 asphalted parking spaces (10 ft. by 18 ft.) on the west side or front of the building. The PETITION #06-09 parking requirements for an I-3 development specifies one parking space per two employees Submitted by Zatkoff Properties Ltd. and on the largest shift. Staff notes the largest Anderson Corporation for Economic shift at Zatkoff will have nine (9) employees Development (CED) for a Special which translates to 4.5 parking spaces. Mr. Exception for an I-3 Planned Industrial Stires added all totaled Zatkoff plans to Development located at 2730 Enterprise employ about 12 to 15 workers. Staff believes Drive. the proposed 41 spaces are more than adequate to serve the new building. 1  the parking lot. Mr. Stires stated the Mr. Stires stated the site plan shows dual or petitioner’s site plan shows concrete curbing twin access drives to the site with 30 ft. wide along the driveway entrances, but not the curbed and asphalted driveways on Enterprise parking lot. Staff would note curbing has been Drive and Quality Circle. Staff notes the twin installed around the parking lots at the driveways both tie into the parking area and following Flagship sites: Business the two loading /unloading berths (docks) on Development Center and Education Wing the west side or front of the building. Expansion, Accelerator Building, Ivy Tech / Alliance One and the ACS expanded parking Mr. Stires stated the site plan indicated the lot. Zatkoff building, when fully built, will only have a lot coverage of 46 percent by building Mr. Stires stated staff is recommending and hard surface and 54 percent by green approval of the special exception, and two (2) space or landscaping. This is well under the waivers (sidewalks and cross access) because maximum lot coverage allowance of 80 percent the Zatkoff building meets or exceeds all in an I-3 zone district. applicable setbacks and Figure 9 Requirements. Staff notes the new building, if Mr. Stires stated the submitted landscaping approved, will allow the petitioner to relocate plan shows a modest amount of trees and its operations to Anderson from Indianapolis shrubs will be planted around the west side or along with 12 to 15 job opportunities. front of the building around the perimeter of the parking lot. Mr. Stires stated staff is recommending denial of the concrete curbing wavier because the Mr. Stires stated the submitted lighting plan curbing gives the project a finished and shows the Zatkoff site will be illuminated by professional appearance which has been five (5), 400 watt, metal halide, wall mounted carried over in various new Flagship lights around the exterior of the building. A construction sites such as: Business satisfactory isolume plan is on file. Development Center, AU / Purdue Education Wing Expansion, Ivy Tech / Alliance One, Mr. Stires stated the petitioner is only Accelerator Building, and Affiliated Computer proposing a single ground sign on the Zatkoff Services (ACS) call center parking lot site. A 4 ft. by 8 ft. by 6 ft. high ground sign is expansion and upgrade. shown on the west side of the access drive off of Enterprise Drive. Mr. Stires added the 32 Jerry Hoffman, 1107 S. Tillotson Avenue, sq. ft. sign would state “Zatkoff Seals and Muncie, Indiana, stated he would be the Packing.” architect for the project. Mr. Hoffman added he had his partner Karl Fettig, and Norb Mr. Stires stated the petitioner is requesting Haben from Zatkoff with him also tonight. Mr. waivers from three of the Board’s Design Hoffman added Zatkoff has been a family Standards and they are from concrete curbing, owned business since 1958. sidewalks and cross access requirement. The petitioner is seeking the sidewalk waiver Norb Haben, 2301 W. Pineview Drive, Muncie because there are no sidewalks in close Indiana stated his corporation has been in proximity of the site. Mr. Stires added the business since 1958, and this will be their 8th only sidewalks in The Flagship are at the facility in the Midwest. This is very similar to Business Development Center. The petitioner their Cincinnati and Cleveland facilities that is seeking the cross access waiver because they built in the last five or six years. Mr. cross access easements are generally used in Haben added he opened the Indianapolis retail or commercial settings to promote facility back in 1994 and he is the branch frontage roads. Mr. Stires added the petitioner manager for Zatkoff of Indianapolis, and they doesn’t believe cross access is practical or are needing to expand their operations and warranted at this site. The petitioner is also their current building will not allow it. seeking a waiver from the concrete curbing of 2 Mr. Williams asked what exactly does Zatkoff Mr. Kreegar stated no, it wouldn’t be a do? Mr. Haben stated they are an industrial waiver, it is part of the special exception distribution facility. They supply seals and requirements, and would be a variance. But in gaskets to original equipment manufacturing this case, it doesn’t fit the definition. (OEM) companies such as Guide, Remy and Nestle which need these parts. Mr. Hoffman stated he is also on the Board of Zoning Appeals in Yorktown, Indiana and he Mr. Williams asked why can’t they relocate has been on both sides before. The site in the loading / unloading berths from facing Anderson, also had a couple of other Quality Circle, so they wouldn’t be seen from negatives, such as needing to add a foot of fill the front of the street? Mr. Haben answered on the property, no gravity sewer and they they tried two or three different layouts and had to get a lift station. the one they are presenting tonight is the most functional. Mr. Haben added when the Mr. Hoffman stated just think of the truck is in the loading bay the trucks would be engineering of a 15 ft. masonry wall, with parallel with Quality Circle. wind load, the foundation would be costly. The masonry on the normal building is about $10 a Mr. Widing stated they have worked with the sq. ft. Mr. Hoffman added it is an expensive architect through several sessions and they item that you normally wouldn’t see in an recommended a “wing wall.” US Architects did industrial park. a cost analysis and they found it would cost $24,000, which became a cost prohibitive Mr. Williams asked why doesn’t Zatkoff want measure. Mr. Widing added the Figure 9 cross access? Mr. Hoffman stated he didn’t Requirements state the berths shall not face know what purpose it would serve in this case. on bordering highway. In this situation, it is Normally, cross access is when they are trying perpendicular to the road, and staff concluded to promote an access road parallel to the main it really didn’t face the road, it would be road. Mr. Hoffman added he didn’t see cross sunken down in the ground. access anywhere else in the park. Mr. Widing stated the primary reason for cross access is Mr. Spencer stated part of the concern is, the on major thoroughfares, so we don’t have view from the building across the street, traffic running out onto the thoroughfares and would that affect the future development? Mr. immediately back into the adjoining business. Widing stated that is why they recommended Enterprise Drive and Quality Circle are a “wing wall.” known as secondary roads, not primary thoroughfares. Mr. Spencer asked how often would Zatkoff have incoming and outbound freights? Mr. Mrs. Klungness asked what about concrete Widing stated one or two a day, maximum. curbing, why only curbing certain areas and not the whole project area? Mrs. Klungness Mr. Spencer asked would the Corporation for added she has asked other engineers and they Economic Development (CED) be involved say because it can direct water flow, if you with the marketing of the building that is don’t want it, why would curbing hinder this across the street, if so, what is there opinion? development? Mr. Hoffman stated they are Mr. Widing stated in communication with Mr. proposing curbing, the only place where they Sparks, we shared our concerns and Mr. are not proposing it is along the parking Sparks felt comfortable with it. areas, and we are going to use bumper blocks. Right now, it is designed for the water to flow Mrs. Klungness asked would it be appropriate just directly off of the paving into the swales. then to make a waiver of that or just forget it Mr. Hoffman added they can put curbing in all together? Mr. Widing stated in an I-3 zone and once again it is $20 a foot times the whole class is for industrial office and business uses, length, it is a money issue once again. it is a mixed use environment. 3 Mr. Spencer stated if there is some concern in this community. Mr. Spencer added about the curbing and this expansion that you Petition #06-09 should also consider approving have mentioned, what is the timeline on that? a waiver from the Board’s cross access and Mr. Haben stated they don’t know yet. sidewalk requirements, but deny the waiver for concrete curbing requirement. Mr. Rayford Mr. Williams asked how much curbing would seconded. Motion passed 5 yes, 0 no. be needed to do the parking lot? Mr. Hoffman stated 280 ft., which would cost $6,000 to Meeting adjourned at 5:07 pm $7,000 worth of curbing. BY: ______________________________ Mr. Smith stated the driveway off of Quality Rudy Williams, Chairperson Circle, when it comes into the parking lot that should be curbed at least around that radius. ATTEST: ___________________________ Mr. Hoffman stated it’s going to be curbed. Stephanie George, Board Secretary Mr. Williams asked has the petitioner submitted plans for the engineering permits? Mr. Hoffman stated they have all been submitted. Mr. Spencer asked Mr. Widing if he felt comfortable that the sidewalk requirement waiver be granted? Mr. Widing stated there are no sidewalks out past the Flagship Center itself, we don’t intend on bringing sidewalks out in this area at this time. Mr. Smith asked what is the difference between the using the pre-cast curbs and building the fixed concrete curbs? Mr. Hoffman stated the fixed concrete curbing are about $20 a linear foot and the parking bumpers are $12 a piece or $1.50 a linear foot. Mr. Spencer made a motion to approve Petition #06-09 based on the following findings of fact. The proposed special exception is in a proper zone district. The requirements of Figure 9 have been met, or variances were granted. The proposed special exception will serve a public need and convenience, because it will add needed development in the Flagship area, resulting in job creation for this community. The proposed special exception will not permanently injure the appropriate use of the surrounding properties, because the surrounding properties are zoned industrial as well. The proposed special exception is consistent with the spirit, intent and purpose of the zoning ordinance, because the zoning ordinance certainly allows for responsible development to enhance business activity and job creation 4