Loading...
HomeMy WebLinkAboutDepartment Report 06-05-20 Page 1 of 2 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT FRIDAY, JUNE 5, 2020 (V) Tropical Sno Food Stand Variance. The applicant seeks the following development standards variance approval: 1. Docket No. PZ-2020-00067 V UDO Section 5.66.D Food Stands required to be removed from the premises when not in operation, Request to leave on-site overnight for the season. The site is zoned B8/Business and is located at 452 E. Carmel Dr. Filed by Mark Purvis, owner. General Info: The Petitioner seeks Board of Zoning Appeals approval to have a shaved ice food stand stay overnight on the premises and not be removed every night, stored at another location. This is the only variance requested; the project will comply with all other zoning development standards. The food stand use is permitted in the B8/Business zoning district. The site is located within the 502 East event center shopping complex, previously known as The Fountains. The food stand will be located next to the former Urban Chalkboard tenant space at the southwest corner of the site, to be located out of the way of internal site traffic, but still be visible from AAA Way and Carmel Drive. Please see the Petitioner’s info packet for more detail on the variance request. Analysis: The food stand will be 70 sq. ft in area: 10’ x 7’. It will have a base to it and not look like a structure on wheels. It will be aqua in color, with a distressed wood pattern and with surfer and palm trees graphics faded into the background. Signage includes a ‘wall sign’ on the food stand, itself, as well as a sandwich sign/menu board that will be taken in each night. The ‘wall sign’ will read Tropical Sno and also have the company logo. The total allowed signage is 32 sq. ft., and the wall sign will have less square footage than that. The small sandwich sign / menu board will have the dimensions of 28” x 44”, for an 8.5 sq. ft. sign. Window signs can also be utilized, and that can be considered exempt signage as long as the window signage does not exceed 30% of the window areas. A sign permit is also required for the signage. Regarding parking, the shopping center and event center as a whole have a total of approximately 422 parking spaces. The food stand will occupy around 1-2 parking spaces, and those parking spaces are rarely, if ever, used and located at the southwest corner of the site between the former Urban Chalkboard tenant space and Carmel Drive. The existing public right of way along Carmel Drive is around 88 feet wide, and the Transportation Plan requires a future 100-ft wide ROW width for Carmel Drive, which is considered an Arterial Street. This temporary structure will not impede that. On a separate but related note, the landowner, Buckingham Companies, has been in conversations with the City about extending Kinzer Ave south through the shopping center site, from the Gramercy Development to the north down to Carmel Drive, and it will become a north extension of AAA Way. The street design and layout have not been finalized. The food stand will also need temporary use permit approval, and that approval will be good for 1 year. However, the Petitioner plans to operate only during the summer and early fall. Unified Development Ordinance - UDO Section 5.66 lists the requirements for a food stand, and these will be reviewed against the Petitioner’s temporary use application that will be filed with the Building Permits Dept.: A. Food Stands shall only be permitted according to the applicable zoning district in Article 2: Zoning Districts. Page 2 of 2 CARMEL BOARD OF ZONING APPEALS | HEARING OFFICER DEPARTMENT REPORT FRIDAY, JUNE 5, 2020 Such uses shall only be allowed as a Temporary Use, requiring a Temporary Use Permit. All licenses, certificates and permits from all government agencies shall be prominently displayed on the Food Stand. Non- incorporated children’s stands, such as a lemonade stand, shall be exempt from Temporary Use permits. B. Submittal of a site plan, indicating sales areas, shall be required before the issuance of any permits related to Food Stands. Signage plans are also required. Areas designated for Food Stands shall not be located within nor encroach upon: 1. Any drainage easement; 2. A fire lane; 3. A maneuvering aisle, 4. Any right-of-way, greenway or trail; 5. A parking space or spaces necessary to meet the minimum parking requirements of the other use(s) of the lot or parcel. C. Food Stands may be located within parking areas, provided it: 1. Does not interfere with pedestrian or vehicular access or parking. 2. Does not create a visibility obstruction to moving vehicles within a parking lot. D. Food Stands shall be removed from the premises when not in operation. E. The height of the Food Stand, including all accessory equipment and signage, shall not exceed ten (10) feet. F. Signage in conjunction with a Food Stand shall be attached to the Food Stand and shall not exceed ten (10) square feet in area. G. Food Stand vendors shall be prohibited from using or maintaining sound amplifying equipment, lights or noisemakers, such as bells, horns or whistles. H. Customer seating areas associated with Food Stands shall be prohibited. I. Temporary Use Permits for Food Stand may be issued for up to one (1) year. J. All Food Stand requirements listed herein are in addition to health and safety codes administered by the State or County Health Departments. The Petitioner addressed all planning/zoning review comments, and the Planning Dept. supports this variance request. Petitioner’s Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet. Recommendation: The Dept. of Community Services recommends positive consideration of PZ-2020-00067 V.