BOARD OF ZONING APPEALS
MINUTES
JANUARY 10, 2005
The meeting was called to order
by Chairman Thornton at 7:05 p.m.
MEMBERS
PRESENT: Harry McMannis, Richard Mickley, Barbara
Timmons, Kelly Thornton, Terry Wertz
OTHERS
PRESENT: Zoning Inspector McCoy, Clerk Patterson,
Bruce Daniels, Bob Schorr, Steven Kelly, Kevin Atwell,
John & Charlotte Eufinger, Greg Scheper
APPROVAL OF
MINUTES: There being no additions or corrections,
the minutes for the meeting of November 15, 2004 were
approved as distributed.
REORGANIZATION:
1.
Elect
Chairman
Mrs. Timmons nominated
Mr. Thornton, seconded by Mr. Wertz.
Nominations closed. Unanimous vote for Mr. Thornton as
Chairman.
2.
Elect
Vice-Chairman
Mr.
Wertz nominated Mrs. Timmons, seconded by
Mr. Thornton. Nominations
closed. Unanimous
vote for Mrs. Timmons as Vice-Chairman.
3.
Review Rules of
Procedures
Board discussed number of items on an agenda at one time
and referred to #14 of the Rules of Procedure. No changes were made to the Rules of
Procedure.
NEW
BUSINESS:
1.
Requesting variance
for three freestanding subdivision/identification signs, two 45’ in height, one
55’ in height to be located at the entrance to Coleman’s Crossing at Charles
Lane, entrance to Coleman’s Crossing at Industrial Parkway along S.R. 33 between
Honda Marysville and proposed Home Depot site. Sign ordinance does not regulate such
signs in a commercial subdivision.
TOC and SD-1 zoning districts.
Filed by Civil & Environmental Consultants for
COMMENTS OF ZONING INSPECTOR
AND/OR CITY PLANNER:
Ms. McCoy stated the sign
regulations for the SD-1/TOC business zoning districts do not regulate the type
of signs Coleman’s Crossing is requesting.
Mr. Thornton asked if they are permitted. Response was, “it’s silent.” In the residential zoning district, it
regulates subdivision identification signs, but not in the commercial
areas. There is no definition
for a subdivision sign; however, in the residential sections of the sign
ordinance, it refers to identification signs for subdivisions and/or
multi-family. It does not refer to
such in the business section of the sign ordinance. The signs also need approval by
the Design Review Board for height and design. If the Board of Zoning Appeals grants a
variance, the Design Review Commission is still required to approve the overall
design of the signs. If Design
Review Commission rejects the signs, the applicant may appeal that decision with
the BZA within 20 days of the date of the decision. Ms. McCoy noted that Coleman’s Crossing
has reserved spots of land on which these signs would be located, so, therefore,
these signs are not considered off-premise signs.
COMMENTS OF
REQUESTER:
Mr. Steve Kelly, Bear Creek
Capital, addressed the Board. He
displayed a drawing of Coleman’s Crossing, showing where the proposed signs
would be located. He also gave an
overview of the planned development.
Mr. Kelly wants a cohesive and planned signage scheme for this
development. He is asking for three
project ID signs, one at
Mr. Thornton asked how the plan
takes into consideration future tenants? Response was there is an association
that would be maintaining the reserve areas. There would also be a basic ownership of
those reserve areas with a maintenance responsibility for those signs. A signage program would be implemented
and followed today and with future owners within the development.
Mr. Thornton asked what would
be done to insure that this is what people are going to do? Response was
a convenant on this land would be filed with the City
and recorded at the
Mr. Mickley asked if this document would be a plat and if so, is
the City a party to this document?
Mr. Kelly stated sometimes there is a plat listing the convenants.
This convenant is different. This is a declaration that will be
placed on the land that runs with this project.
Mr. Thornton asked what
recourse the developer had if the business does not follow the covenant. Mr. Kelly stated legal action would be
taken. A property management
company will enforce the restrictions in the covenant. Mr. Greg Scheper of Bear Creek added they would enforce a consistent
signage program because of the aesthetics of the program and also to make sure
it is maintained. Any of the other
tenants would have standing as well.
The City would also have the ability to enforce through zoning
non-compliance action. Mr. Thornton
asked Ms. McCoy for her comments on City enforcement. She responded that conditions should be
added that you would have to follow their application.
Mr. Thornton asked if all of
this is just one piece of property.
Response was that it is platted and under a single ownership, but is
about to be divided up.
Mrs. Timmons asked if each
business would be purchasing or leasing the land? Walmart is a
planned purchase of the land, as well as Home Depot. The out lots would be leased
parcels. The retail center
and other retail centers will be built and those spaces leased. Mrs. Timmons expressed concern for
businesses going out of business and then the building setting empty.
Mr. Thornton asked for the
total number of tenants, date of full occupancy, how will you maintain unused
lots and what would you consider a minimum percentage of occupancy or is it one
anchor that gets you where you want to be?
Total number of tenants is
56. As far as occupancy for the
short term, there is a TIF involved and there is a threshold of paying those
payments. Over the next year, there
is a threshold of getting the retail center built, the Honda dealership, Wal-mart, Home Depot and another number of out lot uses
developed. This will secure a
certain amount of TIF payments.
Sees this as being a five-year project, but looking to develop and bring
the anchor tenants. Mr.
Thornton expressed concern that a massive sign is being requested and there may
be only one anchor in the project and the remainder of the sign being
blank. Mr. Kelly confirmed
that to be correct. Feels at first
there would be four tenants within that sign, then
other businesses would follow.
An example of this signage can be found in
Mr. Thornton asked what the
success rate is in enforcing a signage program. Response was very successful.
Building signage is not a part
of this program. Freestanding signs
only.
Ms. McCoy asked if there was
any way of compromising and reducing the height of the signs? Mr. Kelly
referred to other signs in the area identifying a single business sign is 38’
tall. He does not believe a 45’
sign for an entrance and a multi-tenant sign is high, compared to a single
tenant 38’ tall sign. Some of the
tenants will have buildings that are 32-35’ in height. The signs cannot be reduced to 4’ on
these anchor stores.
Mrs. Timmons questioned a
safety issue as it relates to driving and having to slow down to look at a tall
sign. Mr. Kelly feels the
signs and locations proposed allow more safety than what’s allowed in the
code. The signs will be
double faced.
The applicant’s hope is to have
full occupancy by five years.
The signs would be built this year.
Mr. Thornton questioned them setting empty for two years or forever. Mr. Kelly agreed that is a
possibility.
Mr. Mickley confirmed that as part of granting the variance, the
Board would be approving the Signage Scheme packet. Mr. Kelly said, “Yes.”
Mr. Thornton asked if the
developer considered any other sizes other than the 5’4 relative to the fact of
the 65 MPH highway in one location versus a 35 or 45 MPH location at the other
points?
Mr. Kelly stated typically interstate pylons are 65’, which work better
with the tenant panels. With the
number of anchor tenants, 45’ seems very appropriate with the other
roadways.
Mr. Thornton asked if the
Coleman’s Crossing logo on the top of the sign was
included in the 45’ and 55’.
Response was yes.
Signs will be required to be
centered on each lot. All lots have
to be at least 125’ in width and must be at least 60’ from the side lot
line. Setbacks will have to be at
least one foot of the right-of-way, but each one will be looked at individually
to see where the driveways are and to make sure there is no obstruction. Mr. Kelly pointed out that the code
specifies that the signs need to meet view triangles.
Design Review will be reviewing
and approving all signs.
COMMENTS OF
CITIZENS: Mr. John Eufinger stated he has no problem with the placement of the
signs. Feels the requests are
valid. Has no objection to what is
being proposed.
Mr. Eric Phillips stated he has
seen anywhere from 55- 70’ interstate signs, which seems to be
typical.
DISCUSSION BY BZA
MEMBERS:
Mr. Thornton was most
interested in the two 45’ ID signs at each end of Coleman’s
Mrs. Timmons had a problem with
signs being 45’ tall. The slow
speed at which cars would be traveling would allow for smaller sign, possibly
30’. She had no problem with the
55’ interstate sign.
Mr. McMannis commented that the developer has done a nice job on
this project and does not feel they will do anything detrimental to the
project. If this is what the
developer feels they need, he’s okay with it.
If sign was reduced, Mr.
Thornton would need assurance that the open space between the ground level and
top would not be filled in. Mrs.
Timmons commented that open space would be needed for visibility. Mr. Kelly confirmed there would be a 6’
clearance.
Mr. Mickley moved to accept the variance conditioned on the fact
that the signage scheme, as presented, is approved except for the two 45’
identification pylons be maximum of 38’ with interior cabinets being 4’ x 8’ and
2’ x 8’ and minimum ground clearance of 6’, seconded by Mrs. Timmons and the
question put, stood:
Mrs. Timmons YES Mr. Thornton YES Mr. Mickley
YES Mr. McMannis
YES Mr. Wertz YES
2.
Requesting variance
for freestanding identification sign; 100 sq. ft., 30’ in height vs. 72 sq. ft.,
25’ in height freestanding identification sign permitted. Maximum square footage of signs
permitted is 300 sq. ft., total signage requested is
467 sq. ft. SD-1 zoning
district. Filed by Da-Nite Signs for Honda Marysville, 630 Coleman’s
COMMENTS OF ZONING INSPECTOR AND/OR CITY
PLANNER:
Honda is requesting a
freestanding ID sign that is larger than is permitted by Sign Ordinance
1143.18(d)(3).
Honda’s total requested sign package totals 467 sq. ft. Ordinance 1143.18(d) states maximum
total sign face area shall not exceed 300 square feet. The Zoning Inspector issued a sign
permit for a wall identification sign and three business signs for total square
footage of 241.5 sq. ft.
COMMENTS OF
REQUESTER:
Mr. Thornton requested
the applicant describe the entire package then the Board will act independently
on each agenda item.
Mr. Bob Shore of DaNite Sign Company and Mr. Bruce Daniels of Honda
Marysville addressed the Board.
Applicant is requesting 28 additional square feet on the pylon sign. This sign is oriented to Rt. 33. Asking for a 10 x 10 pylon reading HONDA.
Lettering is 16”
high. Smaller sign is 12” high
lettering. Recommendation for pylon
sign is 100 sq. ft., 30’ high proportionate-wise as a standard pylon sign.
The 24 sq. ft.
freestanding sign “Certified Used Cars”.
This is not oriented to Rt. 33 and has been lowered from the original
plan.
The two directional
signs in the parking area are for internal directions to the various
departments, Sales, Parts, Service, etc..
Five small wall signs
are being requested. A total of
three signs on the property are permitted.
These are for internal use and are not visible from Rt. 33. Signs will read Service Reception,
Referring to the layout,
Mr. Thornton noted areas marked “Future Honda” and asked what kind of signage
was anticipated for these areas?
Mr. Daniels anticipates the signage would be similar with Motorsports.
They will be requesting a pylon sign in the front, which will be kept in
conjunction with Coleman’s Crossing development.
COMMENTS OF
CITIZENS:
Mr. John Eufinger commented about the lighting scheme for the Honda
dealership. He has no objection to
their lighting. He added he liked
the concept of having Honda as a gateway to Marysville.
Mr. McMannis commented that the whole project has been very well
done.
DISCUSSION BY BZA
MEMBERS:
Mr. Mickley moved to grant the variance, seconded by Mrs.
Timmons and the question put, stood:
Mr. Thornton
YES Mr. Mickley
YES Mr. McMannis
YES Mr. Wertz YES Mrs. Timmons YES
Variance
granted.
3.
Requesting variance
for 24 sq. ft., 11’8” in height freestanding directional sign (Certified Used
Cars) vs. 6 sq. ft., 4’ in height freestanding directional sign permitted. Maximum square footage of signs
permitted is 300 sq. ft., total signage requested is
467 sq. ft. SD-1 zoning
district. Filed by Da-Nite Signs for Honda Marysville, 630 Coleman’s
COMMENTS OF ZONING INSPECTOR AND/OR CITY
PLANNER:
Section 1143.18(d)(12)
restricts size of freestanding directional sign to 6 sq. ft., 4’ in height. Honda would like 24 sq. ft. to help
customers find their used car lot easier.
Again, Ordinance 1143.18(d) states maximum total sign face area shall not
exceed 300 square feet.
Mr. McMannis moved to grant
the variance, seconded by Mr. Mickley and the question
put, stood:
Mr. Mickley YES Mr. McMannis
YES Mr. Wertz YES Mrs. Timmons YES Mr. Thornton YES
Variance granted.
4.
Requesting variance
for two 11.2 sq. ft., 4’6” in height freestanding directional signs (Sales,
Parts, Service, Parking) vs. 6 sq. ft., 4’ in height
freestanding directional signs permitted.
Maximum square footage of signs permitted is 300 sq. ft., total signage requested is 467 sq. ft. SD-1 zoning district. Filed by Da-Nite Signs for Honda Marysville, 630 Coleman’s
COMMENTS OF ZONING INSPECTOR AND/OR CITY
PLANNER:
1143.18(d)(12) restricts size
of freestanding directional signs to 6 sq. ft., 4’ in height. Honda would like two 11.2 sq. ft.
directional signs to help their customers find the sales, parts, service and
parking areas easier. Again,
Ordinance 1143.18(d) states maximum total sign face area
shall not exceed 300 square feet.
Mrs. Timmons moved to grant the variance, seconded by
Mr. Wertz and the question put, stood:
Mr. McMannis YES Mr. Wertz YES Mrs. Timmons YES Mr. Thornton YES Mr. Mickley
YES
Variance granted.
5.
Requesting variance
for five 16 sq. ft., oval wall directional signs (Service Reception (2),
COMMENTS OF ZONING INSPECTOR
AND/OR CITY PLANNER:
1143.18(d)(13) restricts size of wall directional signs to 6 sq.
ft. Honda would like five 16 sq.
ft. oval directional signs over their service center doors to help customers
find the service reception, delivery center, express change and express wash
areas easier. Again, Ordinance
1143.18(d) states maximum total sign face area shall not exceed 300 square
feet.
Mr. Mickley moved to grant the variance, seconded by Mr. Wertz
and the question put, stood:
Mr. Thornton questioned the
size of the sign over the garage doors, 8’ x 2’? Mr. Daniels pointed out the doors are
10’ wide. The signs are
proportionate over the doors.
Mr. Wertz YES Mrs. Timmons YES Mr.
Variance
granted.
Mrs. Timmons noted she would
not be able to attend the February and March meetings.
ADJOURNMENT: There being no further business to come before the
Board, the meeting adjourned at 9:40 p.m.