Loading...
HomeMy WebLinkAboutDept Report 4-26-10CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT April 26, 2010 9 -19 h. Long Branch Market w/ Kroger (Altum's site) The applicant seeks the following development standards variance approvals: Docket No. 09110015 V Section 23C.03.B: max 75% gross floor area permitted for retail uses 1 1 Docket No. 09110017 V Docket No. 09110018 V Docket No. 09110019 V Docket No. 09110020 V Docket No. 09110021 V Docket No. 09110022 V Docket No. 09110023 V Section 25.07.02 -08.b: Frontage on a public street Section 25.07.02 -08.b: 3 signs for a single tenant building (anchor tenant) Section 25.07.02 -08.b: three signs facing west (anchor tenant) Section 25.07.02 -08.c: maximum sign area (anchor tenant) Section 25.07.02 -8.G: type of changeable copy for a sign Section 25.07.02 -11.g: copy, multi tenant building complex directory sign Section 25.07.02 -11.d: max height of multi- tenant building complex sign The site is located at 11335 N. Michigan Rd. It is zoned B-3/Business and located within the US 421/Michigan Rd. Overlay Zone. Filed by Robert Barker of Zinkan Barker Development Co., LLC. General Info: The applicant seeks variance approvals for a multi- tenant service and retail center. The site is approximately 22 acres in size. Buildings are comprised of mostly cast brick and cast stone. A fuel center is part of the project. Adjacent to the site is a church to the west, Weston Pointe townhomes to the southeast, Weston Pointe retail center to the south, a funeral home to the north, single family detached homes (Woodhaven) to the north, and a residential use to the east. Analysis: This project would create one large center, anchored by Kroger, and two smaller outlots. The Kroger store would include a gas station at the southwest corner of the site, and a pharmacy drive- through at the southeast corner of the building; the B -shop at the north end of the Kroger building would also have a pick -up window. Because the tenants of the B -shops and outlots are not known, and could be retail sites, the petitioner has asked for exemption from the 75% limit on retail uses. This petition has been reviewed during several meetings of the Plan Commission, as well as staff, and the list of requested uses has thus been limited further from what was originally submitted. The DP /ADLS portion of this request, for the Kroger store, was sent forward with a positive recommendation to the full Commission at the Committee's March 3 hearing. The DP /ADLS was approved 10 -0 by the Plan Commission on April 20. During the Plan Commission Committee process, it was determined that three of the variances were not needed those are indicated by strike throughs, above. The site is well over 400 feet deep, and as such, the Michigan Road Overlay only applies to the front, or western-most part of the property. The petitioner has committed to follow the Overlay with regards to design and materials; however, the three withdrawn variances do not apply as the Kroger building which the variances were meant for is not included in the Overlay. The majority of the remaining variances relate to signage. The non -sign variance remaining pertains to the permissible amount of commercial retail space in the center. The Overlay prohibits more than 75% total floor area of retail, and the petitioner is requesting up to 93% for the entire site. The majority of this percentage would be used by the Kroger, with the remaining percentage to be split between the B -shops and outlots, as illustrated in the table below. Permitted Requested Square feet Total Center 75% retail 93% 104,379 sf Kroger 75% retail (site) 81% 85,000 B -Shops 75% retail (site) 12% (remaining) 13,000 CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT April 26, 2010 9 -19 h. Long Branch Market w/ Kroger (Altum's site) The applicant seeks the following development standards variance approvals: Docket No. 09110015 V Section 23C.03.B: max 75% gross floor area permitted for retail uses 1 1 Docket No. 09110017 V Docket No. 09110018 V Docket No. 09110019 V Docket No. 09110020 V Docket No. 09110021 V Docket No. 09110022 V Docket No. 09110023 V Section 25.07.02 -08.b: Frontage on a public street Section 25.07.02 -08.b: 3 signs for a single tenant building (anchor tenant) Section 25.07.02 -08.b: three signs facing west (anchor tenant) Section 25.07.02 -08.c: maximum sign area (anchor tenant) Section 25.07.02 -8.G: type of changeable copy for a sign Section 25.07.02 -11.g: copy, multi tenant building complex directory sign Section 25.07.02 -11.d: max height of multi- tenant building complex sign The site is located at 11335 N. Michigan Rd. It is zoned B-3/Business and located within the US 421/Michigan Rd. Overlay Zone. Filed by Robert Barker of Zinkan Barker Development Co., LLC. General Info: The applicant seeks variance approvals for a multi- tenant service and retail center. The site is approximately 22 acres in size. Buildings are comprised of mostly cast brick and cast stone. A fuel center is part of the project. Adjacent to the site is a church to the west, Weston Pointe townhomes to the southeast, Weston Pointe retail center to the south, a funeral home to the north, single family detached homes (Woodhaven) to the north, and a residential use to the east. Analysis: This project would create one large center, anchored by Kroger, and two smaller outlots. The Kroger store would include a gas station at the southwest corner of the site, and a pharmacy drive- through at the southeast corner of the building; the B -shop at the north end of the Kroger building would also have a pick -up window. Because the tenants of the B -shops and outlots are not known, and could be retail sites, the petitioner has asked for exemption from the 75% limit on retail uses. This petition has been reviewed during several meetings of the Plan Commission, as well as staff, and the list of requested uses has thus been limited further from what was originally submitted. The DP /ADLS portion of this request, for the Kroger store, was sent forward with a positive recommendation to the full Commission at the Committee's March 3 hearing. The DP /ADLS was approved 10 -0 by the Plan Commission on April 20. During the Plan Commission Committee process, it was determined that three of the variances were not needed those are indicated by strike throughs, above. The site is well over 400 feet deep, and as such, the Michigan Road Overlay only applies to the front, or western-most part of the property. The petitioner has committed to follow the Overlay with regards to design and materials; however, the three withdrawn variances do not apply as the Kroger building which the variances were meant for is not included in the Overlay. The majority of the remaining variances relate to signage. The non -sign variance remaining pertains to the permissible amount of commercial retail space in the center. The Overlay prohibits more than 75% total floor area of retail, and the petitioner is requesting up to 93% for the entire site. The majority of this percentage would be used by the Kroger, with the remaining percentage to be split between the B -shops and outlots, as illustrated in the table below. One of the items reviewed by the Plan Commission was the retail use itself. Commitments placed on the site in 1988 prohibited most uses except garden centers and related uses, with the proviso that the Plan Commission could approve any additional uses. The commitments submitted by the petitioner expand on those uses with 19 additional uses, most of which are service- related. Based on these limitations, and given that the majority of the excess retail use will be Kroger, the Department believes that while the letter of the Overlay requirement is not met, the intent, for a mix of uses not wholly dependent on retail, is. Traffic is thus expected to be somewhat less than it would be for an entirely retail center, limiting the impact on adjoining uses. There are six variances related to signage. Many of these are common in these large retail projects. The first two, Three signs for a single tenant building (anchor tenant) and Three signs facing west (anchor tenant) relate to the main identification signs for the Kroger store. This is Kroger, Pharmacy, and Drive Thru Rx. Only one sign is permitted by the Sign Ordinance because the store only faces one public street. The Department understands the need for the additional Pharmacy signage. The Maximum sign area (anchor tenant) variance relates to the proposed Kroger sign. The Sign Ordinance allows 145 sq. ft. for the building sign. However because the building is located over 700' away from Michigan Rd., a larger sign is necessary. The applicant is proposing a 214.96 sq. ft. sign. This is 69.96 sq. ft. over what the Sign Ordinance allows. A rendering was shown to the Department of what the sign would look like if it complied with the 145 sq. ft. size. It looked very small, would most likely be hard to read from the road, and did not appropriately fit the sign area. Since the Center is allowed to have a directory sign, the Petitioner is proposing to use this sign as the fuel pricing sign. Therefore, two variances are needed: one for the type of changeable copy, and one for content of the changeable copy. The definition of Sign, Multi Tenant Building Complex directory as it relates to copy is: "copy is limited to the names and/or locations of the buildings in the Multi- Tenant Building Complex." Because the sign will not address the other buildings, only the fuel center, in order to have just the Kroger and the prices on there the variance is required. As for the variance for the Type of changeable copy for a sign, this is because there will only be one gas station attendant stationed in a small kiosk in the middle of the pumps. It would not be appropriate for that person to keep leaving the kiosk to change the price on the gas sign. The Petitioner has proposed an electrically remote operated sign that still looks like it is changed manually. There will be no exposed LEDs to illuminate the price. It will be a vinyl number that changes electrically behind a clear viewing panel. The Department feels this is a great compromise to achieving both parties' desires. The final variance for signage relates to the Maximum height of multi- tenant building complex sign. This sign will be located at the entrance to the development and will identify Kroger and other tenants in the complex. The Sign Ordinance allows for the ground sign to be 8' tall. The Petitioner is requesting 9' due to decorative molding at the top of the sign and the brick base of the sign. Findings of Fact: Increased retail percentage 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the center will still provide for a mix of uses not wholly dependent on retail, which will help reduce traffic. 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 center will still provide for a mix of uses not wholly dependent on retail, which will help reduce traffic. 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: the development of the site would be curtailed. Findings of Fact: Definition of Changeable Copy 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The proposed request allows only for a more efficient system to change the display copy. The display is not different that what is permitted by right if adjusted manually. 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 proposed request allows only for a more efficient system to change the display copy. The display is not different that what is permitted by right if adjusted manually. 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: The strict application of the ordinance will prevent a more efficient system to change the display copy. The display is not different that what is permitted by right if adjusted manually. Findings of Fact: Multi- tenant Building Complex Directory Sign 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the request will not change the location, design, or style of the sign and will allow for conveying fuel pricing to patrons of the center while on site and exiting the center allowing them to enter the fuel center without first exiting the center out onto US 421. 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 request will not change the location, design, or style of the sign and will allow for conveying fuel pricing to patrons of the center while on site and exiting the center allowing them to enter the fuel center without first exiting the center out onto US 421. 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: the strict application of the ordinance will prevent conveying fuel pricing to patrons of the center while on site. The patron would have to exit the center onto US 421 to assess pricing and then return after exiting. Findings of Fact: Three signs for single tenant building (Anchor Tenant), Three signs facing west (Anchor Tenant), Maximum sign area (Anchor Tenant) 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the three signs will effectively address the wayfinding needs of the public as they enter the center and determine the appropriate building entrance or services provided at each location. 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 three signs will effectively address the wayfinding needs of the public as they enter the center and determine the appropriate building entrance or services provided at each location. 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: the strict application of the ordinance will prevent conveying necessary information to the public as they enter the center needed to determine the appropriate building entrance or services provided at each location. Findings of Fact: Maximum height of Multi- tenant Building Complex Sign 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: The sign will effectively address the wayfinding needs of the motoring public. 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 sign will effectively address the wayfinding needs of the motoring public. 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: The strict application of the ordinance will prevent adequately addressing the wayfinding needs of the motoring public. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 09110015, 09110017 23 V after all concerns have been addressed.