The Board of Zoning Appeals met on Monday, December 19, 2005 at
7:30 p.m. In attendance were Mr. Monnett, Mr. Blevins, Mr. Cavanaugh,
Mr. Gibbs and Mr. Matrana.
ROLL CALL/DETERMINATION OF QUORUM
Mr. Carlucci administered the Roll Call.
PLEDGE OF ALLEGIANCE
MINUTES
Mr. Cavanaugh said on page 9 of the minutes of November 21, 2005
I reported a small grammatical correction to Mr. Carlucci and with that
I would move that we accept the minutes with the correction that I
submitted. Second by Mr. Monnett. Motion carried.
OATH OF TESTIMONY
Mr. Daniel administered the Oath of Testimony.
Mr. Daniel also swore in Mr. Dennis Gibbs as a member of the new
Board of Zoning Appeals.
PUBLIC HEARINGS
Mr. Matrana reviewed the Guidelines Governing the Conduct of
Public Hearings. At last month’s meeting we had a problem with notice.
The notice wasn’t published in the newspaper as a public notice. We
continued to have the meeting and we voted on a number of different
items but tonight we must ask if there is anyone here in the audience
that is present that would have anything to say either for or against
the following petitions:
BZA-05-015, Premier Properties USA, Inc.
BZA-05-016, Wal-Mart Stores East, L.P.
BZA-05-017, Panattoni Development Company
BZA-05-019, Duke Realty Limited Partnership
The last one is BZA-05-018 concerning Joyce Hoyt and what we were
lacking the last time is proof of notification of the surrounding
property owners. So, if you have proof, I would like to have that
right now, the green cards that have been signed and returned.
Mr. Michael Deer with Lewis Engineering said I have an apology to
make to this board. I was mistaken last month. I thought the cards had
been sent out for last month’s meeting and they have not. The very
next day I saw to it personally that the green cards were sent and we
submitted proof of those to Staff today. So, this meeting was noticed
properly.
Mr. Matrana asked, is there anyone here tonight for BZA-05-018,
Joyce Hoyt? Being no one coming forward the previous items that I had
mentioned we had already voted on last month pending public comments or
criticism tonight. Therefore, all of these matters are taken care of.
Mr. Daniel said I think it would be good for the record if
someone is willing to make a motion to confirm the actions taken at the
last meeting on these items.
Mr. Monnett made a motion to confirm the actions that we had
taken on the last month’s meeting on the previous mentioned petitions
and how we acted on them. Second by Mr. Blevins. Roll call vote
called.
Mr. Monnett – yes
Mr. Blevins – yes
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Matrana – yes
5-ayes, 0-opposed, 0-absent. Motion carried.
Mr. Matrana said the first new item for business tonight is BZA-
05-020 concerning Tillman’s Van & Truck Accessories.
Mr. James said it is my pleasure to be before you tonight. I look
forward in working with you in the coming years. Tonight’s case is a
special request to allow for outdoor display sales items in a General
Commercial District. The intention is to display pickup truck racks on
the northern portion of the parking lot.
This site is approximately two acres located at the corner of
U.S. 40 and Old National Road. The site was formerly used as a car
lot. This is the site plan of the layout in the area that is
highlighted. The petitioner has proposed to display the truck caps but
the building will be used as part retail and some manufacturing of the
assembling of the truck caps. The area highlighted here doesn’t
actually have frontage along U.S. 40 because there is railroad rightof-
way that is between the U.S. 40 right-of-way and the lot line for
this property. Therefore, since this is technically not frontage
landscaping is not required along this frontage. Staff has talked to
the petitioner and we have discussed maybe doing some landscaping in
the front to help soften the look of the caps. Landscaping would also
be done on the western side of the parking lot, which is required
according to the ordinance. Staff has recommended that this petition
go to the DRC for approval of the landscaping plan since this site is
located within 600 feet of a Gateway Corridor.
Here is a photo of the site looking from the west towards the
east. This is a photo looking back towards the west. The caps would
be along this front here.
Mr. Carlucci said in the picture there is a fair representation
of what the caps will look like.
Mr. James said they would be about 10 feet high and three caps
per rack. They would have about nine or 10 rows along the front. Some
of the uses that require a Special Exception for outdoor display are RV
sales, auto sales, auto sales without a showroom and farm equipment
sales.
Mr. Richard Tillman at 1023 Mt. Vernon Ct., Greenwood, Indiana
was present at tonight’s meeting.
Mr. Matrana asked, do you pretty much agree with most of the
things that he said? You want to set up a display with about 10 or 12
caps that you sale on outside racks.
Mr. Tillman said it is going to vary as far as how many caps are
going to be out there. Obviously, we would start out smaller and after
we grow the business they would be about 10 feet tall. The pictures
that you have there are pictures of our existing company down in
Greenwood that are on display.
Mr. Matrana asked, is there anyone in the audience who has any
comments either for or against this petition?
Mr. Carlucci said I believe inside the building the petitioner
has the ability to store caps inside, is that correct or not?
Mr. Tillman said there would be some storage inside.
Mr. Matrana said with no one coming forward I will close the
public portion of this meeting and open this petition up to the board
for further discussion and a possible motion concerning Tillman’s Truck
and Van Accessories.
Mr. Cavanaugh said it is my understanding that a Special
Exception would run with the use and not the property so if the use
changed, the Special Exception would also have to change with the use,
is that correct?
Mr. James said that is correct.
Mr. Monnett said I don’t remember what is out there now? Is there
anything out there?
Mr. Carlucci said before there was a furniture store in there
that moved. Shoe Carnival moved out there and that didn’t work real
well and then Hanna put cars out there. What Hanna did too, even
though we asked them not to, is they put cars off on the grass area and
off-site on the north side of the building. We talked to Mr. Tillman
about this and Mr. Tillman indicates that they cannot go off-site by
their lease, off on the old piece of property that Mr. Dugger owns.
So, they have to stay within the area.
Mr. Monnett asked, are we receiving this at this board because it
is a Special Exception Use?
Mr. Carlucci said yes.
Mr. Monnett asked, could Mr. James approve this as the Director
of Planning?
Mr. James said a Special Exception has to be voted on by the
Board of Zoning Appeals.
Mr. Carlucci said in your report there is a little section. The
Plan Commission and Town Council added that Special Exception Use for
outside displays because we had these things popping up all over Town.
So, this is the first one under that revision of the Zoning Ordinance.
Mr. Gibbs said it is my understanding that there is a restriction
of 10 feet as far as the highest that these could possibly go.
Mr. James said approximately. The petitioner has stated that he
would stack three on a rack, which would be about 10 feet. But you can
place some conditions that they can be no higher than 10 feet or you
can put a limit on the number that can be displayed out there.
Mr. Gibbs said so we are talking strictly about the racks and not
necessarily the truck body displays too, is that correct?
Mr. James said I think they might display the half truck body as
well. How many would you put out there with the half truck body?
Mr. Tillman said initially probably three.
Mr. Cavanaugh said so the Special Exception that we are talking
about is not actually the cap display or racks but also for the partial
truck chaise display.
Mr. James said that is correct.
Mr. Cavanaugh said so with the description per the site plan the
stack display could be across the entire north property line through
the parking area, along that property line.
Mr. James said yes. If they were to expand, they would have to
come back to modify it.
Mr. Cavanaugh asked, Mr. Tillman do you have any comments
regarding the recommendation of a possible addition of landscaping
along that property line to help ease that impact a little bit?
Mr. Jim Fasone at 7916 High Drive, Indianapolis said I’m the
landowner of that property. I’m willing to do the landscaping as
requested because it is a very important visible piece of property. And
we have obviously done a great job in the past in taking care of that
landscaping, not only at our place, but I have also had my guy mow the
right-of-way so there are not a lot of weeds growing up as well as the
property adjacent to the south. Yes, I’m more than happy to do that.
I think it is very important, as a landlord, that we promote and take
care of the City of Plainfield because you guys do a great job.
1.
The landscaping should be installed around the display and
parking lot to help soften the appearance of the location
of the said display.
2.
The Design Review Committee approve the final landscape
plan.
Second by Mr. Cavanaugh. Roll call vote called.
Mr. Monnett – yes
Mr. Blevins – yes
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Matrana – yes
5-ayes, 0-opposed, 0-absent. Motion carried.
OLD BUSINESS/NEW BUSINESS
Mr. Matrana said we have one item under old business. It
concerns BZA-05-007, Route 40, LLC. We had granted a continuance,
which has now expired. At this time if there is anyone representing the
petitioner concerning Route 40, LLC, please step forward. Otherwise, I
would like to make a motion to dismiss BZA-05-007 for lack of
prosecution. Second by Mr. Monnett. Roll call vote called.
Mr. Monnett – yes
Mr. Blevins – yes
Mr. Cavanaugh – yes
Mr. Gibbs – yes
Mr. Matrana – yes
