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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT June 23, 2008 3-13h. KFC/Taco Bell The applicant seeks the following development standards variance approvals: Docket No. 08050007 V Section 27.08 Reduction in Parking Docket No. 08050008 V Section 23 C.11 G Drive-Through Stacking Spaces Docket No. 08050009 V Section 23 C.l0.02 Foundation planting reduction Docket No. 08050010 V Section 23 C.08.03(b) Bufferyard reduction Docket No. 08050011 V Section 23 C.l0.03 Parking lot planting strip reduction Docket No. 08050012 V Section 25.07.02-08(a) Monument sign in addition to wall signs Docket No. 08050013 V Section 25.07.02-08(b) Additional wall signs Docket No. 08050014 V Section 25.07.02-08(e) \-Vall signs facing private ROW Docket No. 08050015 V Section 25.07.02-08 <9 Wall sign size Docket No. 08050016 V Section 25.07.02-08 Menu board size Docket No. 08050017 V Section 25.07.02-08 Number of menu boards The site is located at 10575 North Michigan Road and is zoned B3/Commercial, within the Michigan Road/US 421 Overlay. Filed by Charles Frankenberger of Nelson & Frankenberger for KFC US Properties, Inc. ~' ~.. .Cl'~~ ';.. 'A'" '--; " ~ ,\:l ., 0- \ . ~ · ..l).~'.' ! ~'? ~~ \ ".;}.-.;j, J.'X> :? " ~. "\.." '~)f.(,),,^" . ...~ .. ..... ~.:-.0.. \Jo.' w~~ . - ' ~ ,"' ... . . ~ lJl . \ .H':,'" , ...... ~A.. General Info: The petitioner has requested several variances in relation to a proposed Taco Bell/KFC on the site of the existing Ritter's Custard. The majority of the variances are related to sign age, and to the existing improvements on the site. The site is 1.2 acres, and is zoned B3. Adjacent uses are commercial. Analysis: The petitioner has proposed demolishing the existing Ritter's Custard building and redeveloping the site. The site has three frontages, however, only the west, or Michigan Road frontage faces a public right-of-way. The south and east rights-of-way are private access drives. The petitioner is asking for a reduction in required parking and stacking spaCl;:S, to reduce impervious surface at the site. 59 parking spaces and 10 stacking spaces are required; the petitioner is proposing 36 parking spaces and 8 stacking spaces. Given the nature of fast food restaurants, as well as a large amount of parking adjacent to the site, the proposed reductions would still provide adequate parking and stacking. In addition, similar variances for other fast food restaurants have been !,Tfanted in the past. Because the majority of the site is paved, the petitioner is somewhat limited with regards to landscaping. Reductions in foundation and buffer plantings have been requested; however, the site would have more landscaping and pervious surface than it currently does. The requests stem from the size and configuration of the site, and the parking. A landscaped island would be placed at the rear of the site~ wi'th drive-through traffic wrapping around it; t1ris island would also allow for additional plantings to offset the reduction in bufferyards and foundation plantings. The Urban Forester has reviewed the submittedlandscapeplans, and is working with the petitioner to assure that plantings overall are not reduced on the site. The number of signs permitted for this site would be 2. This could be either a ground or a wan sign facing Michigan Rd. that is 40 sq. ft. in size and 6 ft. tall and a menu board that is 16 sq. ft. in size and 6 ft. tall. There are 7 proposed signs for this site. Facing west, towards Michigan Rd., a Taco Bell logo sign and a KFC logo sign are proposed (Considered one sign when measuring around the entire structure). The same sign is also proposed facing south towards the private drive. A ground sign is proposed with both logos to face (west) perpendicular to Michigan Rd. This sign will be 36 sq. ft. and 6 ft. tall. It is within the size requirements for the site. There will be two menu boards on the east side of the proposed building. These will be 19.52 sq. ft. and 6'8" tall, and 46.9 sq. ft. and 7'7" tall, both of which are larger and taller than the Sign Ordinance allows. There will also be small directional signs on site; these are under 3 ft. tall and 3 sq. ft. These are allowed without permits or variances. If the east and south streets were private, all 5 wall and ground signs would be allowed. Weare in support of the variance for the number of these signs. We are not in support of the size of the wall signs though. The Department feels they would be just .as effective at a smaller size and would fit within the sign band. A smaller, 40 sq.ft. option has been presented to Staff and we would prefer to see that size sign. The Department is also not in support of the variance for the size of the menu boards. We feel that two menu boards will be ok but the size could be designed differently to more closely fit to the sign ordinance size and height requirements. Findings of Fact: Parking/Stacking spaces 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the adjacent commercial retail sites provide additional parking, and the nature of the proposed use does not dictate a large amount of parking at anyone time; additionally, only 2 stacking spaces would be removed, which would not impact the functionality ofthe site. 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; the adjacent commercial retail sites provide additional parking, and the nature of the proposed use does not dictate a large amount of parking at anyone time; additionally, only 2 stacking spaces would be removed, which would not impact the functionality of the site. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: additional impervious surface would result from increased parking, which could negatively impact both the subject site and surrounding sites with regards to drainage. Findings of Fact; Reduction in landscaping 1. The approval of this variance wiD not be injurious to the public health, safety, morals, and general welfare of the community because: the site will have more pervious surtace than is currently provided, and the overall plantings onsite will not be greatly reduced. 2. The use and value of the area adjacent to the property induded in the variance will not be affected in a substantially adverse manner because: the site will have more pervious surface thanis currently provided, and the overall plantings onsite will not be greatly reduced. 3. The strict application of the.terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: an increase in landscaping would decrease the amount of available parking, and possibly affect the efficiency of the site. Findings of Fact: WaU sign Sizes 1. The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: the signs are proposed at sizes significantly greater than are pemlitted by the Sign Ordinance. Smaller signs will still be able to be seen and will fit better into the proposed sign band. 2. The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner because: the wall signs would be much larger than permitted, would not fit well into the sign band and could be seen as distracting to customers as well as other businesses that were not allowed signs that size. 3. The strict application ofthe terms ofthe Zoning Ordinance to the property will not result in practical difficulties in the use of the property because: the same goals can be achieved by using the sign sizes set forth in the Sign Ordinance, or sizes that are closer to what is pennitted, not double. Findings of Fact: Menu board size 1. The approval of this variance will be injurious to the public health, safety, morals, and general welfare of the community because: the menu board design could be changed to more closely match the design of the building and mitigate the size. 2. The use and value of the area adjacent to the property included in the variance will be affected in a substantially adverlije manner because: the menu board design could be changed to more closely match the design of the building and mitigate the size 3. The strict application of the terms of the Zoning Ordinance to the property will not result in practical difficulties in the use of the property because: a compliant menu board could be constructed, and would still be legible by dri verso Recommendation: The Dept. ofCoinmunity Services recommends positive consideration of Docket Nos. 08050007-14 V and 08050017 V; and negative consideration of Docket Nos. 08050015-16 V.