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HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner fills out 1-3, and first 2 blanks) Docket No.: PZ-2022-00211 Petitioner: Chick-fil-A, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: *See attached 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: *See attached 3. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: *See attached DECISION It is therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. PZ•Z022-00 211 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a#part hereof. Adopte c O day of N of , 20 2_ 2 C R E , armp o d of Z ning Appeals SECRETARY,/Carmel Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 7 of 11 File:development standards variance handout 2022 Revised:01/03/2022 UDO Section 3.95.F Variance request to allow the drive-thru lane to be located along the side and front of the restaurant building rather than just along the rear. Chick-fil-A is requesting a variance to allow the drive-thru lane to be located along the side and front of the building in order to promote efficient site and drive-thru operations. Positioning the drive-thru lane in the proposed location will help prevent vehicle congestion within the parking lot and potential back- ups onto adjacent streets. The drive-thru lane has been located along the exterior of the site to create a separation between drive-thru traffic and dine-in traffic. Doing so will reduce the potential for bottlenecks within the site and backups on the adjacent roadways. Also if the drive-thru lane were to only be located along the rear of the building as required by Code,this would create a very short stack thus positioning queuing cars within the access drives of the parking lot creating congestion. Since the site has two public street frontages and one private street frontage,this requirement cannot be met. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: positioning the drive-thru lane in the proposed location will help prevent vehicle congestion within the parking lot and potential back-ups onto adjacent streets. The drive-thru lane has been located along the exterior of the site to create a separation between drive-thru traffic and dine-in traffic. Doing so will help maximize safety for motorists and pedestrians. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the Chick-fil-A property is located within a commercially zoned area with similar uses. Chick-fil-A believes that the requested variance wouldn't have any impact on the use and value of the adjacent area. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: since the subject site has two public street frontages and one private street frontage,this requirement cannot be met. r FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner fills out 1-3, and first 2 blanks) Docket No.: PZ-2022-00212 Petitioner: Chick-fil-A, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: *See attached 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: *See attached 3. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: *See attached DECISION Its therefore the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. FZ-2O2 -00212 V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopte O day of ✓ , 20 �� . CHA RP S Nilk_ mel Bo f Zo ing Appeals SECRETARY, Cl Board of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 7 of 11 File:development standards variance handout 2022 Revised:01/03/2022 UDO Section 5.39.H.2 Variance request to allow two signs facing south:wall sign &ground sign oriented south. Chick-fil-A is requesting a variance to allow a wall sign as well as a monument sign to be oriented south. Chick-fil-A is an impulse driven quick service restaurant that relies of signage to alert potential customers of their location. Signs are essential from multiple vantage points so that motorists can identify their location. The monument sign that is proposed to be installed at the south corner of the property will be crucial to notify potential customers traveling along the Michigan Road corridor. The wall mounted sign that faces south will help notify customers traveling within the overall commercial development along W. 99th Street and Walnut Creek Drive. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed variance would allow sufficient signage to be installed on the building and along the roadway frontage. Signage will be paramount for the success of the restaurant. The proposed signage will help notify potential customers along the adjacent roadways of the restaurant's location and it will give them plenty of time to make safe maneuvers to enter the restaurant site. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the Chick-fil-A property is located within a commercially zoned area with similar uses. Chick-fil-A believes that the proposed signage is comparable to the signage for the surrounding commercial buildings in the area. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: adequate signage will be paramount for the success of the restaurant. Due to the subject property having multiple roadway frontages, the proposed signage on the building and along the frontage will be essential for notifying motorists of the location. r FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner fills out 1-3, and first 2 blanks) Docket No.: PZ-2022-00214 Petitioner: Chick-fil-A, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: *See attached 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: *See attached 3. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: *See attached DECISION It is\therefore the decisior) of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 2"a a2 Z-0 01 I' V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a�part hereof. ( Adopted is, o day of I a v' , 20 Z2- CHA E N, arm oard of oni peals :714.., SECRETARY, Carmel oard of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 7 of 11 File:development standards variance handout 2022 Revised:01/03/2022 UDO Section 3.88.D Variance request for required 8-ft deep building facade offsets.4-ft offsets currently provided. Chick-fil-A is requesting a variance for the required 8-ft deep building facade offsets due to site constraints. The restaurant building has been designed with horizontal articulation & undulations, but these offsets do not meet the required 8-ft depth at intervals of not greater than 60 feet per City UDO. Providing offsets with this depth will create a loss of parking. The amount of parking provided, per the current site plan, is within the target CFA has found to promote operational efficiency. Chick-fil-A believes that the proposed building design is consistent with the character of the surrounding area. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because:this variance request would only result in Chick-fil-A's ability to provide a sufficient amount of on-site parking. Providing the adequate amount of parking will ensure the restaurant operates efficiently which will in turn result in less congestion throughout the parking lot and adjacent roadways. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because:the Chick-fil-A property is located within a commercially zoned area with similar uses. Chick-fil-A believes that the requested variance wouldn't have any impact on the use and value of the adjacent area. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because:the Chick-fil-A site has been configured in an efficient way to maximize onsite parking&circulation. Providing 8-ft deep building offsets would result in the loss of parking thus creating operational issues for the restaurant. FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner fills out 1-3, and first 2 blanks) Docket No.: PZ-2022-00215 Petitioner: Chick-fil-A, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: *See attached 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: *See attached 3. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: *See attached DECISION It is therefore the decision, gf the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. Q Z'Z 0 X/ 'CJ0 2 I") V is granted, subject to any conditions stated in the minutes of this Board, which are incorporatedraat herein by reference and made a part hereof. Adoptsj� day of No��' , 20 ?? . ,r 1 C IR E SO , C r Board ofZo 'rig- peals SECRETARY, Carm I poard of oning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 7 of 11 File:development standards variance handout 2022 Revised:01/03/2022 UDO Section 3.92.0 Variance request to allow light levels to exceed the 0.3 footcandle requirement at the property line. Chick-fil-A is requesting a variance to allow light levels to exceed 0.3 footcandles at the property line. The footcandle level cannot be met along the north and east property lines to the locations of the drive- thru lane canopies. The drive-thru lane canopies are proposed to provide their team members protection from the elements while providing service,taking orders, and delivering food to customers. Lights are provided under the canopies to ensure a safe environment for their team members during nighttime hours. In order to provide ample light to ensure safety,the light produced by the canopies will exceed 0.3 footcandles at the adjacent property lines. The north property line abuts a parking lot for a commercial property. The east property line lies adjacent to a private roadway and shopping center parking lot. Chick-fil-A believes that this excess light at these property lines will have minimal impact to these properties. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because:the slightly increased light levels will only better the safety of the adjacent roadway and parking lot. Providing some additional light spill over onto these areas will provide better visibility to motorists. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The north property line abuts a parking lot for a commercial property. The east property line lies adjacent to a private roadway and shopping center parking lot. Chick-fil-A believes that this excess light at these property lines will have minimal impact to these properties. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: without these increased light levels,the safety of Chick-fil-A's team members and customers could be affected. The increased light levels ensure that team members and pedestrians can be seen at all times within the drive-thru lane and parking lot. FINDINGS OF FACT SHEET - DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner fills out 1-3, and first 2 blanks) Docket No.: PZ-2022-0021 6 Petitioner: Chick-fil-A, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: *See attached 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: *See attached 3. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: *See attached DECISION It is th.ereforp the decision of tile Carmel Board of Zoning Appeals that Development Standards Variance Docket No. f Z- cOz2 - OQ2 I(Q v is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference' and made a part hereof. Adopt-. tri / U day of 00V 20 0 . Ai" ALP ve 'RP'r SO !C.—I Board o oning Appeals 116 SECRE ARY, Carm-I,:oard of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 7 of 11 File:development standards variance handout 2022 Revised:01/03/2022 UDO Section 5.19.F.3 Variance request for required foundation plantings. Chick-fil-A has provided a foundation planting bed along the west side of the building. Foundation plantings are not provided on the north, east, and south sides of the building due to site constraints. Plantings cannot be provided along the north side of the building due to the lack a space from the drive- thru lane. The drive-thru lane canopy also covers the majority of the area adjacent to the north side of the building. Providing plantings along the east side of the building poses challenges due to the location of the two doorways. Deliveries and other operational tasks will be routed through these doors and there will need to be enough room,free of obstacles,to complete these operations. Providing foundation plantings along the south of the building also poses some challenges. From Chick-fil-A's experience, providing foundation plantings allows water to infiltrate up against the building which can lead to freeze/thaw issues and the heaving of concrete sidewalk in front of doorways. Chick-fil-A has also found foundation planting areas to be trash collectors and Chick-fil-A strives to ensure that the front of their stores look presentable at all times. The approval of this variance will not be injurious to the public health,safety, morals and general welfare of the community because: providing foundation plantings can allow water to infiltrate up against the building which can lead to freeze/thaw issues and the heaving of concrete sidewalk in front of doorways. This could lead to pedestrian access/safety issues at the building entrances. Decreasing the amount of foundation plantings will help reduce these concerns. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the Chick-fil-A site will still be attractively landscaped. The proposed landscape will provide interest to the site and will compliment the surrounding commercial properties. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: providing foundation plantings can allow water to infiltrate up against the building which can lead to freeze/thaw issues and the heaving of concrete sidewalk in front of doorways. This could lead to pedestrian access/safety issues at the building entrances thus providing operational issues for the restaurant. FINDINGS OF FACT SHEET -DEVELOPMENT STANDARDS VARIANCE CARMEL ADVISORY BOARD OF ZONING APPEALS (Petitioner fills out 1-3, and first 2 blanks) Docket No.: PZ-2022-00218 Petitioner: Chick-fil-A, Inc. 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: *See attached 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: *See attached 3. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: *See attached DECISION It is Orefoa the decisioig ofjthe Carmel Board of Zoning Appeals that Development Standards Variance Docket No. 1 :l 0' V is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopt:% 23 day of ' , 20; . C RPE O C mel oard of Zoning Appeals SECRETARY, Carme oard of Zoning Appeals Conditions of approval of the Board, if any, are listed on the Letter of Grant. Page 7 of 11 File:development standards variance handout 2022 Revised:01/03/2022 UDO Section 5.39.H.2.a Variance request for the number of signs: 3 total signs requested, only 2 allowed. Chick-fil-A is requesting a variance to allow a total of three signs. Chick-fil-A is an impulse driven quick service restaurant that relies of signage to alert potential customers of their location. Signs are essential from multiple vantage points so that motorists can identify their location. The subject property is an outlot in a shopping center where there are multiple points of entry. The property is unique in that it is bounded by roadways on three sides. Given that motorists will be traveling by the subject property from multiple directions, Chick-fil-A believes that a total of three signs is warranted. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: the proposed variance would allow sufficient signage to be installed on the building and along the roadway frontages. Signage will be paramount for the success of the restaurant. The proposed signage will help notify potential customers along the adjacent roadways of the restaurant's location and it will give them plenty of time to make safe maneuvers to enter the restaurant site. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: the Chick-fil-A property is located within a commercially zoned area with similar uses. Chick-fil-A believes that the proposed signage is comparable to the signage for the surrounding commercial buildings in the area. The strict application of the terms of the Unified Development Ordinance to the property will result in practical difficulties in the use of the property because: adequate signage will be paramount for the success of the restaurant. Due to the subject property having multiple roadway frontages,the proposed signage on the building and along the frontages will be essential for notifying motorists of the location.