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CARMEL BOARD OF ZONING APPEALS | REGULAR MEETING
DEPARTMENT REPORT
MONDAY, NOVEMBER 28, 2022
(V) Chick-Fil-A Variances.
The applicant seeks the following development standards variance approvals:
6. WITHDRAWN - Docket No. PZ-2022-00210 V UDO Section 5.28.E.4.: Wheel stops required when
less than 10’ sidewalk width provided adjacent to parking spaces; 6’ proposed (west).
7. Docket No. PZ-2022-00211 V UDO Section 3.95.F.: Drive Thru location: Must be located to the
rear of the parcel, Site has two public street frontages and one private street frontage, therefore, this
requirement cannot be met.
8. Docket No. PZ-2022-00212 V UDO section 5.39.H.2: Two signs facing south: wall sign & ground
sign oriented south.
9. Docket No. PZ-2022-00214 V UDO Section 3.88.D.: 8’ offsets required for facades greater than
90’ in width, at intervals of 60’; 4’ provided.
10. Docket No. PZ-2022-00215 V UDO Section 3.92.C.: Lighting plan does not meet 0.3
footcandle maximum at property lines
11. Docket No. PZ-2022-00216 V UDO Section 5.19.F.3.: Foundation plantings required, none
provided.
12. WITHDRAWN - Docket No. PZ-2022-00217 V UDO section 5.39.H.2.a: Sign facing east towards a
private street (a non-fronting street).
13. AMENDED - Docket No. PZ-2022-00218 V UDO Section 5.39.H.2.a.: Signage – Number: 3
proposed, 2 allowed.
14. WITHDRAWN - Docket No. PZ-2022-00219 V UDO Section 5.39.E.5.: Signage – Wall signs cannot
obscure architectural details, non-compliant as proposed.
15. WITHDRAWN - Docket No. PZ-2022-00220 V UDO Section 3.88.H.: Metal or aluminum awnings
are prohibited.
16. WITHDRAWN - Docket No. PZ-2022-00221 V UDO Section 3.88.F.: Building entrance: not
defined and articulated.
The site is located at 9965 N. Michigan Road (previous location of Red Robin), part of West Carmel Marketplace,
Block F. It is zoned B2/Business and within the US 421 Overlay District. Filed by Joe Vavrina of HR Green, on
behalf of Chick-Fil-A.
General Info & Analysis:
The Petitioner proposes a new restaurant with dine in and drive thru options. (Red Robin existed, prior.) Over
the past month or so, the Petitioner has worked with the Planning Dept. to amend their plans and to reduce the
number of variances needed. Now, variances requested only relate to drive thru location, signage, architecture,
landscaping, and lighting. Please see the Petitioner’s info packet for more detail on the variance requests.
All surrounding properties are located in the US 421 Overlay zone. To the west across Michigan Road are I1
zoned properties – RCI and Olive Garden Restaurant. Immediately north and sharing vehicular access is the
PPG Paint store, zoned B3. East and southeast are multi-tenant retail buildings (PetCo, Best Buy, Kohl’s, Home
Depot, etc.) part of the West Carmel Marketplace commercial subdivision. They are zoned B2 and B3. South
across 99th Street is another multi-tenant retail building, zoned B-2 and B-3 (Jimmy John’s, Supercuts, etc.).
Site Plan & Drive Thru:
The Petitioner seeks approval for a new restaurant with drive thru and parking lot. This site was home to a Red
Robin restaurant, approved originally in 2006. Existing access to the site will be maintained from the north via
the PPG paint store property and the east from Walnut Creek Drive, a private street. This location is essentially
on a peninsula with two public street frontages and one private street frontage. Due to multiple front yards, they
are not able to meet the screening and location requirement for the drive thru. A variance approval for the
location of the drive thru being visible from the front yard/adjacent streets is required. The Planning Dept. is
supportive of this variance.
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Architectural Design:
The architect has designed the building to be complementary to the Italianate architectural style. Some of these
features include the enhanced brick detailing around cornice of the building and the symmetrical form of the
building and window placement. The building will be constructed of two colors of brick – red and tan. The
design includes a distinct base, middle, and top, with soldier course and rowlock brick accents. Cornice
elements are constructed of metal coping. The height of the building ranges from 22’3” to 24’6.5”. Additional
windows have been added on the south façade to enhance pedestrian scale details. Another design element the
US 421 Overlay focuses on is avoiding long, monotonous, uninterrupted walls on buildings. There is a
requirement for 8’ offsets on facades over 90’ long. The Petitioner has proposed a 4’ offset on the north and the
south facades but requests a variance to not meet the minimum 8’. The Planning Dept. is supportive of this
variance request.
Lighting:
The parking lot will be lit by five pole lights placed around the site at 24’ tall, which meets the maximum height
allowed for pole lights. However, the photometric plan is not yet in compliance with the maximum 0.3
footcandle limit at the property lines. Additional work needs to be done to adjust lighting locations and/or
provide shields to keep the lighting on the site. Since the photometric plan exceeds the allowed 0.3 footcandle
limit at the property lines, a variance is requested. Planning Staff is supportive of this variance.
Landscaping:
The site has existing mature landscaping in the greenbelt and around the south perimeter. The Petitioner plans to
leave these existing landscaping areas as they are planted today. The Urban Forester had comments regarding
tree species, tree protection fencing, and ensuring the new plan matches the previously approved plan. The
Petitioner will continue to work through review comments with the Urban Forester.
Sidewalks are provided all around the building. In order to gain parking spaces and drive aisle maneuverability,
the Petitioner has chosen to forego building base plantings, which will require a variance. (The Planning Dept.
is working with the Petitioner to try and comply with the ordinance and not need a variance, but we are still
supportive of this variance.) Sidewalk areas are adjacent to the building to aid patrons and employees with
navigating around the site and drive thru areas. The Planning Dept. is supportive of this variance, since the rest
of the site complies with the commercial landscape requirements.
Signage:
This site is located on two public streets; therefore, two main identification signs are allowed. (Additional signs
are allowed for the drive thru menu boards.) Three signs area proposed – two wall signs and one ground sign.
This proposal will require variance approvals for the number of signs, as well as for two signs to face south. The
Department is supportive of the signage variances.
The Petitioner addressed all planning/zoning review comments. The Planning Dept. supports the variance
requests.
Findings of Fact:
Please refer to the Petitioner’s Findings of Facts included in their BZA Info Packet.
Recommendation:
The Dept. of Community Services (DOCS) recommends positive consideration of PZ-2022-00211 V, PZ-2022-
00212 V, PZ-2022-00214 V, PZ-2022-00215 V, PZ-2022-00216 V, and PZ-2022-00218 V, with adoption of the
Findings of Fact submitted by the Petitioner.