The Plainfield Board of Zoning Appeals met on Monday, August 20, 2007. In attendance were Mr. Cavanaugh, Mr. Gibbs, Mr. Monnett and Mr. Matrana.
ROLL CALL/DETERMINATION OF QUORUM
Mr. Carlucci administered the Roll Call
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Mr. Cavanaugh made a motion to approve the minutes of the Plainfield Board of Zoning Appeals of July 16, 2007 as submitted. Second by Mr. Monnett. Motion carried.
Mr. Gibbs abstained from voting on the minutes since he was not present at that meeting.
OATH OF TESTIMONY
Mr. Daniel administered the Oath of Testimony.
PUBLIC HEARINGS
Mr. Matrana reviewed the Guidelines Governing the Conduct of Public Hearings. The first petition is BZA-07-018, Morton Buildings.
Mr. James said before we begin with this petition I would like to discuss a matter with our legal counsel and our Secretary, Mr. Carlucci. After discussion: The petitioner failed to bring the affidavit and the receipts for the notice to the interested parties. This was heard by the Plan Commission August 6th for the proposed rezoning to General Commercial and at that time public notice was given. Also, the notice was sent to the interested parties. So, notice has been given; it has been noticed in the paper and the letters were sent by certified mail for the rezone but we are not sure if they were sent for tonight's case because I think there has been a change with this company. So, that may or may not have been done but we would like to proceed with the condition that the petitioner would provide us with the receipts within a 72 hour period. With that I will continue with the case.
This request is a Special Exception and a Variance of Use to allow a proposed 4,590 square foot expansion to an existing self-storage mini-warehouse facility at 4586 S. CR600E. To give you a little history of why this case is before you tonight is in 1993 Hendricks County granted a Variance of Use and a lot width variance to allow the construction of the self-storage mini-warehouse facility at this site. It wasn't in Plainfield and it was in Hendricks County so Hendricks County had the jurisdiction. Then Plainfield annexed this property and when it was annexed, it was given Agriculture zoning. But when the Variance of Use was given in Hendricks County, I think it was zoned probably with commercial zoning. So, it went from commercial to Agriculture. When it was annexed and given AG zoning, it then became a legal nonconforming use. That is where we are today.
Back in May they came in to apply for a building permit and they had not yet applied for an Improvement Location Permit. So, once they applied for that ILP we found it was a legal nonconforming use so we had two options. We could either rezone it to General Commercial and then it would comply with the lot width; the standards of the General Commercial District and also meet the setbacks for the General Commercial District. Or we could do a Variance of Use and leave it as AG zoning but if we did that, then the setbacks would not comply with the AG setbacks of 50 feet. So, the best option was to rezone it to General Commercial and make it more conforming. So, at the August 6th Plan Commission meeting the Plan Commission gave a favorable recommendation to rezone the property from AG to GC. The first reading was held by the Town Council at the August 13th Town Council meeting. So, it is still not officially rezoned to General Commercial but the process is underway to get it rezoned. Once rezoned to General Commercial to expand a self-storage mini-warehouse it requires a Special Exception.
Mr. Carlucci asked, Mr. James would you point out the restrictions on the property?
Mr. James said this site is within 600 feet of a Gateway Corridor, which is CR600E. Here is CR600E; here is U.S. 40. The expansion would be back here to the back of the building. They are going to expand 50 feet with the back of these three existing units. With the rezone it was rezoned with the zoning commitment that the only permitted use on the property would be a self-storage mini-warehouse facility. So, also this doesn't have to go to the Plan Commission as a development plan because the proposed expansion is less than 10,000 square feet and also less than 20% of the gross floor area for the proposed expansion. So, it can be approved with an ILP.
Also, surrounding properties that have been rezoned to General Commercial is the property adjacent to the south. This was actually rezoned to Commercial/Industrial last year but the Gilley's property to the west was rezoned to General Commercial.
Here is the site plan. Here is CR600E; this is the proposed expansion back here. To the north is the Jehovah Witness Church and then to the south is the Prock building, which they are currently expanding that building and then you have Gilley's to the west. They have to do landscaping. They are going to do a Level 1 on the south perimeter. They have to do a Level 3 on the north perimeter and we are taking the required landscaping, foundation landscaping and just incorporating that into the perimeter landscaping. And then there is some existing foliage on the back and we are going to use that for the landscaping screening. There are enough matured trees to accommodate what is required on the west perimeter.
It is going to match the existing building; metal and asphalt shingled roof. Here is a photograph of the site and the existing buildings. This is where the proposed expansion will be. It is about 50 feet. They are going to need a 10 foot asphalt path in the back here for maneuvering around the building and the required parking complies.
So, the Plan Commission recommended approval for the rezone to General Commercial. We still have to do a second and third reading at the Town Council. The proposed site plan complies with the parking and the landscaping requirements but before the building permit can be issued there is a drainage situation that needs to be resolved. The Town Engineer has told the petitioner of this requirement so I would like to add a condition that an acceptable drainage plan shall be submitted to the Town Engineer that complies with the Town drainage standards. Also, we need to add the other condition that they will provide us with the certified mailing receipts within a 72 hour period. There is a representative here; Cliff Bumgardner. He is new to this project. The person that was handling this has gone elsewhere so he is really not up-to-speed with what has been gone on but I'm sure he would be glad to answer any questions that you might have.
Mr. Cliff Bumgardner at 6215 S. Highway 31, Cloverdale, Morton Buildings said I have just been involved in this really today. So, I was making a few phone calls today and that is when I discovered there was a meeting tonight. We did have a staff change in our office so I'm taking over where he left off. I did talk with the owner of the property just a few minutes ago before I came here and he said go over there and see what you can do. I know I need to get the receipts to you from the certified mail. I know where they are; I just need to get a hold of them. I think I can meet the 72 hour timeframe. But if you have any questions, feel free to ask.
Mr. Matrana asked, have you started construction?
Mr. Bumgardner said no. We won't start construction until we have the building permit.
Mr. Matrana said I noticed that your neighbor started construction.
Mr. Bumgardner said the building to the south is someone else on the property that was rezoned and now they are making an addition to it.
Mr. James said that is the Prock property.
Mr. Bumgardner said and basically there looks like there are nine buildings here and we are just going to add onto three of them 50 feet to the west.
Mr. Gibbs asked, is the owner okay that if it is finally rezoned, that it is strictly for the self-storage?
Mr. Bumgardner said he is aware of that, right.
Mr. James said he was at the Plan Commission meeting and agreed to the commitment.
Mr. Bumgardner said there was a meeting in August and what took place at that meeting?
Mr. James said that was a public hearing for the rezone at the Plan Commission meeting. The Plan Commission is just a recommended body. It still has to be approved by the legislative body, which is the Plainfield Town Council. It had the first reading at the August 13th meeting and I'm going to recommend that we should suspend the rules at the next Town Council meeting and try to get this rezoned.
Mr. Bumgardner said so the mailing we did was for that notice, is that correct?
Mr. James said that is correct.
Mr. Bumgardner said so they were here in August and they had the green cards with them but nobody took them?
Mr. James said for that notice; you still need the notice for tonight. The point is the surrounding properties have already been noticed once for the proposed development at this site.
Mr. Bumgardner said I should be able to get a hold of those then. I just wasn't clear on that as far as there would have been two mailings right in a row?
Mr. James said yes; about two weeks apart.
Mr. Matrana asked, is there anyone in the audience who would care to speak on this matter? Being no one coming forward I will close the public portion of this hearing and open it up for discussion or a possible motion.
Mr. Cavanaugh asked, do you know for sure if the second mailings were actually done?
Mr. Bumgardner said I don't know what date is on those receipts because I know they had the receipts for August 6th. Whether there was another mailing done in that timeframe is something that I will have to find out for sure; that is what I was unclear on; that there would be two mailings that close together.
Mr. Cavanaugh said so we know one was done for the rezone request and now this one is dependant upon the second mailing for this petition. Do you know if that mailing was actually done?
Mr. Bumgardner said that is what I'm going to have to find out by verifying it. Do you always collect the cards? Did you collect them at the August 6th meeting?
Mr. Cavanaugh said yes.
Mr. Bumgardner said so you do have those.
Mr. James said yes.
Mr. Bumgardner said well I know there are other ones since then so I'm 95% sure; I couldn't tell you 100% sure. I will know tomorrow.
Mr. Cavanaugh said I have a procedural question. If we were to make a recommendation based on the timeframe and by chance Mr. Bumgardner finds out that the second mailing was not done, then our recommendation probably becomes null and void and another hearing would be required.
Mr. Daniel said that is correct.
Mr. Gibbs made a motion that the Board of Zoning Appeals approve BZA-07-018 as filed by Morton Buildings, Inc. requesting a Special Exception and Variance of Use to allow a 4,590 square foot expansion to the Plainfield All Stor facility at 4586 S. CR600E in the GC District and within 600 feet of a Gateway corridor subject to:
1. Substantial compliance with building elevations submitted file dated July 18, 2007 and site plan submitted file dated July 30, 2007.
2. The subject property is rezoned by Town Council to GC, General Commercial with the zoning commitment that the only use for the property shall be a self-storage, mini-warehouse facility.
3. Acceptable drainage plan shall be submitted to the Town Engineer that complies with the Town drainage standards.
4. Petitioner to provide certified public receipts within a 72 hour period to the Town Planning Department.
Second by Mr. Monnett. Roll call vote called.
Mr. Monnett – yes
Ms. Duffer – absent
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Matrana – yes
4-ayes, 0-opposed, 1-absent. Motion carried.
Mr. Matrana said the next petition before the board concerns Jina Segovia, BZA-07-019.
Ms. Sprague said the location is 540 N. Carr Road; it is just a couple of houses south of French Street on the west side of Carr Road and Duke Energy is across the street. It is zoned R-4 Residential.
The request is a Variance of Development Standards to allow a semi tractor to be parked on the driveway on the residential lot. The property to the north/south and west is a well established Residential District and then again Duke is across the street zoned Office District. Carr Road is relatively well traveled with trucks and other vehicles.
Here is the site plan. I believe the truck is parked in this area towards the rear of their driveway so it doesn't encroach the street and there shouldn't be any vision issues caused by the truck or anything like that.
The Findings of Fact say that there is some minor repair, i.e., light bulb changing if a headlight goes out and then any interior cleaning that is done on the property. Otherwise, as far as I can tell, it is not frequently parked there; just between long-term loads. We have had one neighbor complaining of fumes and noise sometimes early in the morning when they are warming up the vehicle; otherwise that is the only person. With that information they are requesting to be able to continue parking the semi tractor; no trailer in their driveway. I would be happy to answer any questions.
Ms. Jina Segovia at 540 N. Carr Road, Plainfield said Jill summarized it quite well. My husband is a long distance truck driver so there will be times where he is not home for a week or two at a time and then there will be times the truck will reside there two or three days in a row. We have lived there 16 years. Like I said we are on the outer edge of the residential area. The homes are mostly behind us and there are a couple north of us and, of course, to the south of us. There is Duke Energy across the street and then the Ready Mix is down the road from us and there is a church and the post office. Anyone that has been to the post office kind of knows the area on Carr Road. We would just ask while we reside at the house, we are owners of the house, that we are allowed to park the truck there. We are asking that partly because of the safety issue. My husband has been broken into in other areas so it makes it safe for the truck and it also allows us to not to incur extra expense renting somewhere else to park it.
Mr. Matrana asked, has he been with this company for awhile? Has he been parking the truck there for a year or so?
Ms. Segovia said he has been a trucker most of his life and when he was leased with one company, he was parking it there and since he has leased with this company for about six years he has also been parking it there.
Mr. Matrana asked, have you discussed this with your neighbors? Have they made any complaints to you?
Ms. Segovia said I was kind of surprised by the fact that someone had complained but people aren't quite as social as they have been in the past so I don't know whether they would come and talk to us about it. I have no idea who it is that has said anything to be real honest with you.
Mr. Carlucci asked, is the tractor owned by your husband or the company that he works for?
Ms. Segovia said it is owned by my husband; he is an owner/operator.
Mr. Gibbs asked, where has he been parking before this time?
Ms. Segovia said he is either on the road or he is at home and we have lived there for 16 years. So, the truck has been brought home at intermittent periods forever; for 16 years. He has always been a truck driver so sometimes it will be like if he comes in and he is fully loaded and it has the trailer attached, then he will leave it at his company down on West Street in Indianapolis. But then it does allow him to be able to bring it home to observe it and watch over it and to be able to come home and take a shower, etc. In the wintertime he plugs his truck in at the house because it has a motor heater to keep it so it starts easily.
Mr. Matrana asked, does he leave the truck running all night long?
Ms. Segovia said no. It sounds like someone has complained because of him starting in the morning. He may rarely at 6:00 a.m. or something like that but not like at 2:00 a.m. that type of thing. If he has the trailer, sometimes they let him park across the street for a couple of hours.
Mr. Matrana asked, at Duke Energy?
Mr. Segovia said yes.
Mr. Matrana said in the petition it said it does not pose a traffic hazard on Carr Road with oncoming and ongoing traffic; it is not blocking the view of Carr Road.
Ms. Segovia said you can park a full vehicle, where he parks it, you can still park a full vehicle and still be off the road. So, it does setback 10 feet or so.
Mr. James asked, did you say that Duke has let him park over there across the street?
Ms. Segovia said just in the little cut-out; like if it is going to be long enough to get something in the house and leave when he is loaded.
Mr. James asked, but not over night?
Ms. Segovia said no. They wouldn't let anyone park there for long periods of time.
Mr. Gibbs asked, (inaudible).
Ms. Segovia said that is what I'm saying; he owns the trailer but like if he is loaded, he will leave it at his company on West Street. Otherwise, the church sometimes has allowed him to park there and like I said Duke Energy does for short periods of time.
Mr. James asked, is this a tractor with a single bed?
Ms. Segovia said yes.
Mr. Matrana said it looks like if he was going to park where the red truck is, you could hardly see it from Carr Road.
Ms. Segovia said I don't think you would be able to.
Mr. Monnett asked, is it dark colored?
Ms. Segovia said yes.
Mr. Monnett said I think I've only seen it once backed in there.
Ms. Segovia said it's not like a vehicle that is there every night and being started up everyday.
Mr. James asked, is 6:00 a.m. the earliest that he starts it?
Ms. Segovia said I would say that is probably right; I'm sure there were exceptions.
Mr. James asked, can he start it later or does he have to be there at a certain time?
Ms. Segovia said he doesn't have the option necessarily because he hauls long distance so it depends on when his delivery is. It isn't like someone who goes to work at 9:00 a.m.
Mr. Cavanaugh said Ms. Segovia mentioned when he has to leave a loaded trailer on West Street, that he leaves it at a yard there, is that correct?
Ms. Segovia said yes; it's Dawes Roadrunner.
Mr. Cavanaugh said so that is their lot.
Ms. Segovia said yes it's their lot; it's where they load their trucks and that kind of thing.
Mr. Matrana asked, is there anyone in the audience who would care to speak on this matter? Being no one coming forward I will close the public portion of this hearing and open it up for discussion or a possible motion.
Mr. Monnett asked, Mr. President what is the average length of a tractor that has a sleeper, do you remember?
Mr. Matrana said it is probably less than 20 feet or around 20 feet or so. Just looking at the picture it would probably be relatively just a little bit longer than the red pickup truck there. Most trailers are 55 feet long; 53 feet long so the total rig would then be 60 feet. As you are hooking up the tractor to the trailer, the tractor is actually underneath part of the trailer.
Mr. Monnett said I have a question for Mr. James. What does the actual ordinance say about that?
Ms. Sprague said it is Article 1.20 C. and it is referring to parking, storing and maintaining or keeping your commercial vehicle in the Residential District. It says, “not withstanding any provision in this ordinance to the contrary no commercial motor vehicle or trailer shall be parked, stored, maintained, or kept on any property in a Residential District unless the vehicle has (1) maximum load capacity of three-quarter ton or less (2) serves as the sole vehicular transportation of a resident on the property, which it is parked, stored, maintained or kept (3) is stored within an accessory building or garage, which complies with all the standards and regulations of this ordinance.
Mr. James said I believe the Zoning Ordinance was amended in 2001 to include this article.
Mr. Monnett asked, what is your main concern? I've only seen it there once so I kind of know what it looks like.
Mr. Gibbs said (inaudible).
Mr. James said go ahead and speak into the mic.
Mr. Gibbs said and what kind of exhaust fumes are there? Particularly it is a tight neighborhood; you have tight buildings.
Mr. Carlucci said the other concern is it is still a residential area. A lot of the newer subdivisions have covenants that controls that but that is enforced by the homeowners association but if you go into a lot of these older areas in Town, yes they share weight from the vehicles that damages the roads let alone somebody who kept it running for whatever reason for any length of time. Then these are residential neighborhoods and you are trying to maintain the residential character. Maybe that is one of the reasons it is placed in the Zoning Ordinance that someone is not to have everybody driving tractors out in residential areas where you do have a lot of children.
Mr. Cavanaugh said it is fairly obvious that the situation has existed for some time. I can remember seeing the truck parked their often going to and from work but I think it is unfortunate that it has been able to exist for so long and just now brought to this board and we are faced with a situation to make a decision that is going to set a precedent for the entire Town; our first case if you will, of this nature. It applies to something who has become used to the ability to use their property in what is now nonconforming. I think it is a fairly large decision that affects the rest of the Town. I'm concerned that if we were to allow this, then we will have everyone else who has been finding accommodations with similar vehicles for similar number of years find a way to bring their vehicle home and seeking a similar resolution. So, I'm sorry that I'm not in favor of this. I know it is difficult.
Mr. Monnett said I move that the Board of Zoning Appeals deny BZA-07-019 as filed by Jina Segovia requesting a Variance of Development Standards from Article 1.20 C. to allow a semi tractor to be parked in the driveway of residential property located at 540 N. Carr Rd. Second by Mr. Gibbs. Roll call vote called.
Mr. Monnett – yes
Ms. Duffer – absent
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Matrana – yes
4-ayes, 0-opposed, 0-absent. Motion carried.
Mr. Matrana said the next petition before the board concerns William and Chastity Rose, BZA-07-020.
Ms. Sprague said this one is not dissimilar but I will first give you the location of 912 Gary Dr. It is in a well established residential neighborhood. It is one of our most dense districts. The petitioner has a spring racing hobby that they keep a semi tractor and a trailer for on their property. They constructed a special driveway for this 30 years ago. They have been doing it for 30 years and they have been parking this rig for 30 years in their driveway between their house and the father's house to the south. The semi tractor is parked at 912 Gary and then at 916 is the family home. They share a driveway basically. Here is a photograph and in this picture it happens to be parked across the sideway. In the site plan it shows that it does not need to be. I don't know if that site plan is to scale or not but ideally the semi wouldn't be parked across the sidewalk at least. Then in this case the semi is in the middle of a neighborhood rather than on the edge like the last one. The driveway itself was specially constructed so it is heavier duty concrete I would assume that was constructed for the semi. The rig is used for a hobby in this case instead of a business, which the petitioner said they have been doing this for 30 years; maybe not with this exact rig but something similar. Then what I just passed out to you was a petition that they passed out to their neighbors asking whether or not they had a problem with it. I didn't have any complaints this time personally and again the same question did the circumstances change whether or not the semi should be allowed to park in the neighborhood?
Mr. William Rose said I live at 912 Gary Drive.
Mr. Matrana said so inside the trailer you park the tractor and the trailer both at your residence?
Mr. Rose said the tractor and trailer are parked both in the driveway. That picture there shows the front end is on the sidewalk. Normally it is back farther and normally it does fit in the driveway.
Mr. Matrana asked, is the trailer standard trailer 45 feet long?
Mr. Rose said it is a 53 foot trailer. The total length is about 65 feet and there is plenty of concrete in the front and back of it.
Mr. Matrana asked, inside the trailer is racing cars, tools and equipment?
Mr. Rose said yes; everything to go racing with and that is why we built the garage behind the house and everything for the racecars.
Mr. Matrana asked, have you been parking the tractor and trailer there for a couple of years.
Mr. Rose said this one has been here for five years and I had another one just like it and it was there for 11 years. For 30 years we have worked out of this residence.
Mr. Matrana asked, how did this matter come before the Town board tonight? Did someone make a complaint?
Mr. Rose said nobody has ever complained about anything; that is why I was really surprised. I have great neighbors and nobody has ever complained. Actually, everybody is really interested in the racing.
Mr. Matrana said so pretty much the tractor and the trailer are parked here all of the time except when you are racing.
Mr. Rose said yes. During the winter months I park the tractors someplace else to give us more room but the trailer is always there. The tractor is there all through the summer except for the weekends and there are sometimes that we are gone for a month or a month and a half racing, etc. But it does leave every weekend. I heard you guys say something about the weight of the trucks on the roads. Actually, my truck and trailer is less weight than all of the trash trucks that go up and down the road. I know they only go once a week. Just like the lady before me with their tractor if you go for the weight of the tractor, it weighs a lot less than that and like even the snowplow trucks, etc.
Mr. Matrana asked, did you notice in your immediate neighborhood if there are any other trucks and trailers parked or are you pretty much the only one?
Mr. Rose said I think I'm the only one. There was a guy that lived on the end of the street that used to drive but he parked it on the street. Mine is never parked on the street at all. I bring it home and it is always in the driveway. That is the reason we poured the concrete so that we would have a place to park it so it wouldn't be in anybody's view because it is definitely not in the view of anybody going down the road or anything like that. Actually, normally it is backed up where anybody can walk down the sidewalk.
Mr. Matrana said and you say you have been doing this over 10 years.
Mr. Rose said I personally have been doing it for 26 years and I grew up in the house next door to me and I bought the house there and then my dad had racecars before that.
Mr. Matrana asked, and tractor trailers also?
Mr. Rose said big trailers. There has been one there for 16 years, a tractor trailer, because I had the one before this for 11 and this one I have had for 5 years now.
Mr. Matrana asked, are you aware of the Zoning Ordinance?
Mr. Rose said I am now.
Mr. Matrana said it says that it is illegal in a residential area to park commercial vehicles.
Mr. Rose said the trailer is self-contained. It is actually like a motor home. It has a bathroom and a shower. It is totally like an RV trailer but you have to pull it with a tractor. That is the only way that it can be moved. The racecars are kept there and like I said they have been there for 30 years. It started out in the garage behind my parent's house and then we built an additional garage and we work out of both garages.
Mr. Matrana asked, is there anyone in the audience who would care to speak on this matter?
Mr. Daniel administered the Oath of Testimony to Mr. Steve Smith.
Mr. Steve Smith at 904 Gary Dr. said I live at a property directly north and adjacent to Mr. Rose. I just want to tell the gentlemen that we have lived there for 20 years and raised a family of three children and there has never been an issue with noise, fumes or blocking views down the sidewalk. I think you should vote to pass this variance request.
Mr. Daniel administered the Oath of Testimony to Mr. Jeremy Jankowske.
Mr. Jeremy Jankowske at 907 Gary Drive said I'm just catty-corner from Mr. Rose. Not to repeat too much but basically what Mr. Smith said that there has never been a problem with parking there. It doesn't leave fumes or any problem like that. I'm for them continuing to park there with it being his hobby and like he said he does keep the cars and tools and stuff in there, which also means if the tractor and trailer weren't there, he wouldn't be able to work on his cars since his tools are kept in the truck. It would make a bigger problem with that too.
Mr. Matrana asked, is there anyone else that would care to speak on this matter? Being no one else coming forward I will close the public portion of this hearing and open it up for discussion or a possible motion.
Mr. Cavanaugh asked, has the Planning Staff determined whether or not this is a commercial vehicle.
Mr. James said the tractor is definitely considered a commercial vehicle but as far as the trailer that would be a tough call. To answer your question we couldn't consider it an RV because the primary use is to haul the racecars. We might have other issues looking at this. There may be a setback issue. The setback is 6 feet in an R-4 District. I don't know if that is in the side yard setback or not. I see some other issues. You can work on a vehicle but all of the work has to be done indoors.
Mr. Cavanaugh said the petitioner mentioned in the petition that the automobiles are fully enclosed. You said that was an RV; are you stating that the trailer itself is?
Mr. Rose said the trailer itself is, they call them toy haulers. They are basically a trailer for whatever toys you want to put in them and in front are the living quarters. I know some are parked in Plainfield; I've seen them. It is bigger but it is still the same thing. My trailer hauls three racecars; two of them upstairs and one down. We do work on the cars in the garage and then we roll them out and put them in the trailer and we go to the races. My father actually owns an RV too and he brings it and leaves it there; it is back and forth too some and he parks in the driveway beside it.
Mr. Cavanaugh asked, does the registration for that trailer state that it is an RV?
Mr. Rose said no but I could license it that way if I really wanted to, but I never did but maybe now I should have and I wish I would have because I really could have but I just didn't. It is just a trailer plate on it. The tractor is registered as a commercial deal because I have to because of the weight; the way that I have it licensed as 54,000 pounds so you have to do that because of the weight of that. I have to go over scales so I don't get into trouble on the road. I could have re-licensed it as an RV because there are a lot that I race with that do but it is easier for me to not get into trouble on the roads that way because it depends how they want to crack down on it. It is one way or the other; I can either get licensed as an RV where I can possibly park it at home. Either way I can possibly get into trouble out there. If I have to park it somewhere else, then I don't know what to do about the racecars because I have to pull them up and down the road to load up my racecars because everything works out of the shop. We have a machine shop and everything out there to build the racecars and like I said there have been racecars back there for 30 years.
Mr. Monnett said I have a quick question for Ms. Sprague or Mr. James. Even if the trailer was licensed as an RV, which it is not, we would still have some issues, is that correct?
Ms. Sprague said (inaudible).
Mr. Monnett said the trailer would be okay if it was plated as an RV depending on the setback, which I assume is six foot.
Mr. Daniel said for clarification Mr. Monnett I think in the racing business this would be called a transport/commercial vehicle that carries racecars, tools and equipment to work on them and some area devoted to either office or sleeping or whatever else. But the primary purpose and the reason that it is licensed the way that it is is so it can carry the weight of racecars, tools and equipment.
Mr. Matrana said I would also think that the fees registered for 56,000 pounds the City streets would not be capable of handling that class of weight. City streets are not designed for big trucks I would think.
Mr. James said I drove by here Friday and there was a trailer parked up front and there were other vehicles parked in the street and I don't know how he gets in and out of there; it is very tight.
Mr. Matrana said it is not going to be easy to back up in there but obviously he has been doing it for 20 years.
Mr. Cavanaugh said I will just state for the rest of the board members that again I think this is very important. Here is a family that has enjoyed the particular use of property for some amount of time but I can't come to grips with the fact that the use of a vehicle of that type in a residential neighborhood is the right thing to move forward with for the Town of Plainfield. I hope you are able to explore other alternatives to maybe allow you to continue your hobby there but I can't support that vehicle to continue to remain in a residential neighborhood. With that I'm prepared to make a motion. I move that the Board of zoning Appeals deny BZA-07-020 as filed by William & Chastity Rose requesting a Variance of Development Standards from Article 1.20 C. to allow a semi tractor and trailer to be parked in the driveway of a residential property at 912 Gary Drive. Second by Mr. Gibbs. Roll call vote called.
Mr. Monnett – yes
Ms. Duffer – absent
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Matrana – yes
4-ayes, 0-opposed, 1-absent. Motion carried.
Mr. Matrana said the next matter before the board concerns Meijer, BZA-07-021.
Mr. James said this request requires several actions by the board. They propose a supermarket and a gas/convenience market and five outlots in the northwest corner of Dan Jones Road and the Main Street intersection. When this property was rezoned from the Office District to General Commercial in 2005, it was done so with several zoning commitments. At the time the rezone was proposed for a big box user. With this location of the site we have residential to the south and to the east and also to the north; this is the Blackthorne condominiums, which is zoned PUD. Here is the 37 acre site. We have the St. Susanna School and the church right here. Walgreens is at this corner and their property does go down and has frontage on Main Street and then you have frontage on Dan Jones Road all the way up to the Vandalia Trail. This is the Duke Energy property, all of this. They have some power lines to the north before you get to the trail. So, because of its location with the surrounding Residential Districts it was rezoned with the zoning commitments. The zoning commitments restricted the location of the gas station. At the time they couldn't sale alcohol on the property. The uses on the outlots were restricted along Dan Jones Road and provided for some perimeter landscaping along Main Street and Dan Jones Road. So, that is a summary of the zoning commitments that were made. Earlier this year the zoning commitments were modified by the Plan Commission so that the main supermarket could sale alcohol.
With what they are proposing tonight they want a Special Exception to allow for the sale of alcohol. They need a Special Exception to allow outdoor sale for their temporary seasonal retail items in the parking lot. They need sign variances. They need a variance to allow for the integrated center sign along Main Street to be illuminated past midnight; from midnight to 6:00 a.m. because the supermarket will be opened 24 hours. Then they would like to get some sign variances for the gas/convenience market for the two canopy signs. The way our ordinance is written right now we consider a gas price sign a changeable copy sign. They have their Meijer sign and the gas sign price sign, LED signs, are separated. There is a band between the Meijer sign and the LED sign so our ordinance doesn't allow that. They have to be combined as one sign so they need a variance for that and then also if the signs were combined, the gas price sign would be over the 40% maximum that is allowed for a changeable copy sign. It is at 42% so they are proposing these two signs at the ends of the canopy on the gas station.
The commitments were modified and at the August 6th meeting the Plan Commission approved the Development Plan for the 190,000 square foot supermarket and then for the 2,600 square foot gas station and for the five outlots.
Here is the site plan. This is the main store. Over here is the gas station. This is the retention pond. Here is the location of one of the integrated center signs along Main Street. Here is the St. Susanna School right here and Walgreens is right here. Here is the gas station and here is the canopy and it will have the signs on the ends of the canopy, the south and north end and in this area in yellow is the area that they have proposed for the outdoor display for the temporary seasonal retail items. This is where their garden center will be on the south end of the building and then on the north end they will have the loading space and the trash compactor and the cooler units.
This was the final version that was approved with the Development Plan. For the main store it went through the Design Review Committee twice. We went through six versions from what they originally started with. At the first DRC meeting I showed them pictures of the Meijer Store in Noblesville and the Design Review Committee really liked that store and they wanted the store to resemble the Noblesville Store because it had the hip roof and they liked the scope and the scale of this building better on these entrances. They thought it was a better fit considering its location with the surrounding Residential Districts.
This is the version of the gas/convenience market that the Plan Commission approved with the Development Plan. Here you see this accent band that has the Meijer sign and the gas price, LED sign separated. This is why they need one variance and then this size of LED is two percent larger than what is allowed if these were combined.
Mr. Carlucci asked, can you explain that again? If they were combined, they would still be two percent larger?
Mr. James said yes. The LED would still be two percent larger. This was their first version. The accent band was going to be illuminated. They had three changeable copy signs on the canopy; one on the end and one on the front and they also had one on the wall of the building. So, they have reduced that number from four to just two changeable copy signs on the ends of the canopy; there will not be one on the building. Our ordinance, the way that it is written, just allows for one; even for a gas station and that has been a problem in the past. The way that we have even interpreted this is we have always considered a gas price a changeable copy sign. We are in the process at looking at some proposed text amendments to the Zoning Ordinance and this is one of them that we are looking at. We may change some wording and maybe allow one gas price LED sign as a changeable copy sign. We would allow one for the canopy and then one for either the monument sign or an integrated center sign so that is something that we are looking at. For the display area they proposed to use this white picket fencing; it is temporary fencing to lineate the outdoor display area.
Staff Comments: The petitioner states that because the integrated center sign will be perpendicular to Main Street that it would reduce any proposed negative impacts that the illumination might have on the Residential Districts to the south. We have this location up here with the St. Susanna School sign. We could move the integrated center sign back a little bit. Would that help with the perceived negative impacts for the illumination? In the past the board has requested a Special Exception to allow outdoor display along a Gateway Corridor. It is another interpretation matter with the Zoning Ordinance. We are looking at a text amendment to create some outdoor display standards so when this does come up, we will have some standards that will know what they have to do and then it would be just a matter of getting a Special Exception to allow this for the display along a Gateway Corridor. Similar variances have been granted for gas stations; Murphy Oil but that variance was withdrawn so it was not granted. We did grant one for the new Speedway that is proposed out by the Ronald Reagan Parkway. So, with that I would be happy to answer any questions. Mr. Reis is here representing the petitioner and I'm sure he would be glad to answer any questions that you might have.
Mr. Paul Reis said I'm an attorney with Boise, McKinney and Evans. My address is 301 Pennsylvania Parkway, Suite 300, Indianapolis. I' representing Meijer and with me tonight I have Lynn Richardson from Meijer and Vickie Humphries, the developer of the overall development along with Meijer and the outlots. I think Mr. James did a pretty good job of summarizing all of the various things that we are requesting this evening. The Special Exception that we are requesting from you this evening does track with the amended commitments that were approved by the Plan Commission and were also a part of the overall store development with the full Plan Commission. The Special Exception request with regard to the seasonal sales Mr. James and I worked through that and we have presented that this evening as a Special Exception. The sales run is from March 1st of the year to the end of July so that would be the period of time that area of the parking lot would be used for plants, landscaping and other supplies. With regard to the illuminated signs along U.S. 40 the sign face will be with an east/west orientation. The homes are to the south side as you all know and they are internally illuminated so the light that is coming from that sign is really not intended to illuminate the area. It is simply to identify the sign internally. There are no floods and with the streetlights and the lights that will identify the entrance into the overall development I don't think there is really any additional light that would be coming from this internal sign that would affect the neighbors to the south.
Also, I think while we are talking about that I have a handout. St. Susanna has been very good working with us on this project. When we were at the meeting on the overall development plan, Mr. Carr expressed some concern about visibility of his sign once the Meijer sign went up. The Meijer sign has two poles and landscaping at the base and it is up in the air, however, what I did was the illustration that I have given you in this drawing is basically showing that there is approximately almost 400 feet of clear site distance from the St. Susanna existing ground sign from U.S. 40 as you are traveling west. So, I think there will be adequate visibility still of their current sign. If you look at the drive, it looks like there is an oval there with bushes. That is actually where the Meijer pylon sign will be located. Again, it is up in the air so it will actually be above the height of the monument sign for St. Susanna. So, I wanted to pass that out for everyone to see.
Mr. Carlucci said I might clarify one point; it's not Mr. Carr's sign; it is the bishop's sign.
Mr. Reis said I know that; it is the archdiocese's sign actually; it's not the bishop's either. The bishop may want to put a new sign up for Mr. Carr anyway. I just wanted to point that out but in regard to changeable copy and the wall signage on the canopy I think Mr. James did a pretty good job. I think everybody got a copy of the updated sign package. This is what the full Plan Commission approved when we went through. This is actually per what they had approved and it is just a little different than some of the other ones as Mr. James discussed. The changeable copy, in fact, is separated. This is now part of the new branding for Meijer so it is very important and the Plan Commission did accept that in the overall design for the development. With that following the public hearing we will be happy to answer any questions that you may have.
Mr. Matrana asked, is there anyone in the audience who would care to speak on this matter? Being nobody coming forward I will close the public portion and open this up for discussion or a possible motion.
Mr. Gibbs said on this pylon sign there are actually two; one on U.S. 40 and there is one down here by the proposed gas station, is that correct?
Mr. James said right.
Mr. Gibbs asked, are they asking that both of those be illuminated?
Mr. James said that is correct.
Mr. Gibbs asked, and they are asking for the illumination to extend?
Mr. James said just for this one because this one is more than 600 feet from the Residential District right here; just the one on Main Street.
Mr. Carlucci said I want to clarify a point because I always get stuck on these motions. It says, “the sale of alcoholic beverages. I just want to clarify that is packaged liquor and there will be no individual drinks sold there so that we are clear on that. They specifically talked to St. Susanna and they did not have a problem with the sale of packaged liquor.
Mr. James said Meijer has agreed to do a vinyl chain link fence for the St. Susanna play area back here.
Mr. Carlucci said it is not to keep the kids away from the alcohol although it is a way to keep them from going over to the Meijer, is that correct?
Mr. James said correct.
Mr. Gibbs asked, the display area outside, it is my understanding the vinyl picket fence will only be out there during display times.
Mr. Reis said it goes up the first of March and then it comes down at the end of July. One of the questions that came up at the Plan Commission was the anchoring of the fencing to make sure it was secure and it is weighted on the bottom so that it is very secure but it will come down at the end of July. From July until March, during the winter months, there is no fencing in that parking.
Mr. Carlucci said it may be because of the difference in the size of the sites but Wal-Mart has an enclosed display area. Do they display anything outside anymore?
Mr. James said I'm not sure to be honest with you.
Mr. Carlucci said because they will have a garden center in this building, is that correct?
Mr. James said yes they have a garden center on the south end right here and they say they need this location due to checkout logistics.
Mr. Carlucci asked, so will they checkout people right out of there?
Mr. James said they will checkout on this end I don't know if they will be able to drive through or not to pickup their items like mulch, stone, etc.
Ms. Amanda Segovia said Wal-Mart may have set something out this year; I don't know how long it was but it was where the auto part is and it was off in the parking lot just north of the Auto Zone off to the west of the garden center.
Mr. Carlucci said I'm guessing that just makes it easier for people to pick that stuff up as opposed to dragging it out 50-75 feet, etc.
Mr. Cavanaugh said I have a couple of questions about the exterior storage.
Mr. Reis said I would like Lynn Richardson come up from Meijer and let her give you all of the specifics.
Ms. Lynn Richardson said I'm the Real Estate Manager for Meijer. Our address is 2929 Walker Avenue, Grand Rapids, Michigan, 49544.
Mr. Daniel administered the Oath of Testimony to Ms. Richardson.
Ms. Richardson said the seasonal sales area for the garden center will have a bag type product in it. So, the rocks, the pavers, the decorative stones and mulch that are going to be heavy it will be for the ease of loading them into the vehicle. The way that we are going to have this delineated with the fence and some directional signage would be for the vehicles to have one way traffic in. They make the transaction at the garden center or through the check lane. They pull the vehicle into the seasonal sales area and they are actually able to load it in there but it is the bagged products. The plants, the fountains, things that are more of a permanent or longer termed display are actually in the garden center itself and that is year round.
Mr. Cavanaugh asked, by August 1st is everything off?
Ms. Richardson said that is correct.
Mr. Cavanaugh asked, if there are two bags of mulch left, do you leave it out there until you sell it?
Ms. Richardson said we actually end up taking if off and back on to the distribution facility or it goes into the garden center in the back portion. It is a corporate policy so the stores are pretty consistent.
Mr. Cavanaugh said Mr. James our question on the exterior display and storages were they based on location? Is it just the fact that it is there whatsoever?
Mr. James said yes. It is to allow between the building and the right-of-way along the Gateway Corridor.
Mr. Cavanaugh asked, was there any consideration given between the area just to the north of the garden center where there appears to be the same type of parking area and the same type of aisle spacing, etc. right there adjacent to the garden center?
Mr. James said the same question was asked at the Plan Commission meeting and I believe their answer was because of logistics they prefer to have it out front.
Ms. Richardson said for the seasonal sales directly in front of the garden center the check station is at the garden center and the person manning it is actually able to monitor it and if it is off on the side, there is not a gate that goes off to the side that is opened. That is why it needs to be in front of the garden center toward the front of the store rather than on the side.
Mr. Monnett said so two parking aisles to the north of this seasonal area is the drive-up for the pharmacy, is that correct?
Mr. James said that is correct. The pharmacy I believe is right here at this corner and this is the drive-thru going this way heading north so the driver side could be next to the window.
Mr. Monnett asked, is that temporary seasonal area a big question that Mr. Cavanaugh has or is that satisfactory?
Mr. Cavanaugh said I'm satisfied. I think if there is any barrier out there, the setback across the outlot is so far substantial. I just wanted some clarification on the reasoning of the operational drive behind that. (Inaudible). With the sign issue we are only discussing the 24 hour operation for the sign on U.S. 40, is that correct?
Mr. James said that is correct. We have the R-3 Residential just across the street to the south, which is 600 feet. This one is beyond 600 feet, which starts right here at Beechwood.
Mr. Gibbs said (inaudible).
Mr. Cavanaugh said you mentioned with the combined sign with the Meijer text and the visual reader board it is two percent, is that correct?
Mr. James said yes. If we were to take out this accent band and put these together as a total sign, that would be two percent larger than what is allowed.
Mr. Cavanaugh asked, can you tell me what that is in square feet?
Mr. James said this is 20 square feet and that is 15 square feet. I'm going from my memory on the Development Plan. I was right; that is 20 and that is about 14.
Mr. Cavanaugh said it would be 2-3 square feet outside the allowance.
Mr. James said yes.
Mr. Monnett asked, is there an ATM inside that convenient store?
(Inaudible).
Mr. James asked, will there be a bank inside the supermarket?
Ms. Richardson said Meijer actually owns and operates the gas station and the store itself and within this store, the main store, we have licensed use spaces, which are tenant type spaces. We actually would love to have a bank as one of our tenants inside that area. We also would have license agreements with an ATM provider, which is typically independent of the bank operation that is inside the main store. At this point all of our gas stations do have an ATM physically inside the building with the exception of one that is in Grand Rapids, Michigan.
Mr. Cavanaugh asked, would it be fair to say inside is good and outside is not good?
Mr. Richardson said it is physically inside the building itself.
Mr. Monnett said it is convenient store and not a kiosk.
Ms. Richardson said it is a building with a nice roof and everything.
Mr. Carlucci asked, do you have a Starbucks?
Ms. Richardson said they too are a licensee situation so it really depends. Each one of these stores are negotiating kind of independently.
Mr. Carlucci said I don't drink coffee but we do have one in the Metropolis in Barnes and Nobel in U.S. 40 so we are going for the County record of trying to get up to four if that is possible.
Mr. Gibbs made a motion that the Board of Zoning Appeals approve BZA-07-021 as filed by Meijer requesting Special Exceptions to allow outdoor display along a Gateway Corridor and to allow the sale of alcoholic beverages for only the main store. And the Variance of Development Standards to allow more than one changeable copy sign, changeable copy signs larger than 40% of the total sign surface area. And to allow an illuminated sign with 600 feet of a Residential District from midnight to 6:00 a.m. subject to:
1. The sale of alcoholic beverages shall be only for Meijer from the main store and is not transferable to any subsequent owner or occupant of the building.
2. The outdoor display area for temporary seasonal sale items shall have substantial compliance with the site plan submitted file dated July 25, 2007 and shall be delineated with the white, vinyl, split-rail fence as approved with DP-07-011.
3. Temporary seasonal sale items displayed in the outdoor display area between the months of March to the end of July shall be neatly stacked no higher than six feet.
4. The maneuvering aisle for the outdoor display area shall be kept free from sale items and debris at all times.
5. Substantial compliance with the sign plan submitted file dated July 25, 2007.
Mr. Monnett said if it is okay with Mr. Gibbs, could we insert on condition number one the word “prepackaged alcoholic beverages? (Motion amended to agree to the word “prepackaged). Second by Mr. Cavanaugh. Roll call vote called.
Mr. Monnett – yes
Ms. Duffer – absent
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Matrana – yes
4-ayes, 0-opposed, 1-absent. Motion carried.
OLD BUSINESS/NEW BUSINESS
Mr. James said we have put together our ordinance review committee and I have Mr. Cavanaugh coming so we are going to be looking at some text amendments here in the next week or two. If you would like to take a look at those, we will have those ready for you at the September meeting.
Ms. Segovia asked, is there a process where one can appeal a decision that has been made?
Mr. Daniel said you probably need to obtain an attorney and appeal it from the Board of Zoning Appeals and have him guide you through it.
ADJOURNMENT
Mr. Cavanaugh made a motion to adjourn. Second by Mr. Gibbs. Motion carried.
