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HomeMy WebLinkAboutDepartment Report 06-28-219 of 10 CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING DEPARTMENT REPORT MONDAY, JUNE 28, 2021 (V) Don Rigo Mexican Restaurant at Legacy Variances. The applicant seeks the following development standards variance approvals: 2. Docket No. PZ-2021-0100 V PUD Section 16 & UDO Section 5.39.H.2.b 2 wall signs allowed, 3 requested. 3. Docket No. PZ-2021-0105 V PUD Exhibit 10 Maximum 15’ building setback allowed, 30’ requested. 4. Docket No. PZ-2021-0106 V UDO Section 5.28.C 77 parking spaces required, 70 requested. The site is located at 7299 E. 146th St. It is zoned Legacy PUD/ Planned Unit Development (Z-501-07). Filed by William T. Niemier, attorney for Don Rigo Properties, LLC. General Info & Analysis: The Petitioner seeks approval for a new restaurant. This site is located in-between the recently approved Yellow Dog Veterinary Office (east) and the existing three retail buildings at the corner of Community Drive and Hopewell Parkway (west). South of this site are the Legacy Towns and Flats I residential homes. All surrounding sites are zoned Legacy PUD. And, north of the site across 146th Street are residential homes located in Noblesville. BZA variances are requested for signage, building setback, and parking. Please see the Petitioner’s info packet for more detail on the variance request. (The Plan Commission Commercial Committee will meet on Tuesday, July 6, 2021, to discuss the DP/ADLS petition for this project, with the Committee having final voting authority over the project’s proposed architecture, design, lighting, landscaping, and signage.) Signage: Two signs are allowed for this site because the property faces two Street Frontages: East 146th Street and Hopewell Parkway. Three signs are proposed for this site, one facing each of the Street Frontages, north and south, and one facing west towards the parking lot. A variance is requested to allow the third sign; however, Staff will not provide support for the request. The north and south facing signs meet the UDO standards for height (70%) and width (85%) at about 84.62 sq. ft. each. Instead of a Wall Sign on the west elevation, the Petitioner should consider instead utilizing exempt window signage. Non-illuminated window signs may cover up 30% of the window space per building facade. (For example, if the west elevation has 100 sq. ft. of windows then 30 sq. ft. may have vinyl letter signs.) In addition, illuminated window signs are allowed and may be up to 3 sq. ft. in size (but they cannot flash or blink). Setback: The Legacy PUD ordinance specifies a maximum front yard setback of 15’. After internal review and discussion, it was determined that orienting the building towards Hopewell Parkway, rather than 146th Street, would foster a more interactive pedestrian environment. However, due to a 7’ landscape easement and a 15’ wide utility easement, the building could not be placed at the required 15’ maximum. The request is for 30’ back from Hopewell Parkway. Due to these site restrictions, the Planning Dept. is supportive of the Variance request. Parking: The site has been designed with the building pulled up to Hopewell Parkway, with parking located to the side of and behind the building to the north. Access into the site will be a shared driveway from Hopewel l Parkway with the parcel to the west. The drive has already been constructed for the first 140’ or so by the parcel to the west. A cross access easement will be provided both west and east, with a coordinated access to the veterinary office to the east at the northeast corner of the site. 70 parking spaces are proposed and are 9 short of UDO requirements (one space 2.5 patron seats + 1 space per employee on the largest shift requires 79 spaces). A variance has been requested for this shortage. Due to the interconnected nature of the overall development, 10 of 10 Planning Staff is supportive of the variance request and also the Petitioner utilizing shared parking and cross access easements to make up for the shortage. The Petitioner addressed all planning/zoning review comments; however, the Planning Dept. does not support the signage variance request, but it does support the parking and setback variances. Findings of Fact: Please refer to the petitioner’s Findings of Facts included in their info packet, for the setback and the parking variances. However, the BZA attorney will write up the Negative findings of fact for the signage variance. Recommendation: The Dept. of Community Services (DOCS) recommends positive negative consideration of Docket Nos. PZ- 2021-0105 V and PZ-2021-0106 V, for building setback and for number of parking spaces, and it recommends negative consideration of Docket No. PZ-2021-0100 V, regarding number of signs.