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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT July 26, 2010 2 -9h. Turkey Hill Minit Markets The applicant seeks the following development standards variance approvals: Docket No. 10050014V 23F.06.02 Minimum 70% frontage Docket No. 10050015V 23F.08.01 Minimum 0.5 Floor Area Ratio (FAR) Docket No. 10050016V 3.07 Definition of Changeable Copy Docket No. 10050017V 25.07.02 -10 (b) Number of signs Docket No. 10050018V 25.07.02 -10 (b) Number of signs facing South ROW Docket No. 10050019V 25.07.02 -10 (b) Number of signs facing West ROW Docket No. 10050020V 25.07.02 -10 (c) Total square footage Docket No. 10050021V 23F.13.01(A) Permit ground signs in overlay zone The site is located at 1221 Range Line Rd. It is zoned B-8/Business within the Carmel Dr. Range Line Rd. Overlay zone. Filed by Jon Dobosiewicz of Nelson Frankenberger on behalf of Steve Fuller of TH Midwest Inc. k a y itm l General Info: The site is a 1.19 -acre parcel located aA 4,,,, on the northeast corner of Range Line Road and 1 4 1.. Carmel Drive, within the Overlay zone. t p j r 1 Surrounding uses include retail, restaurants, a gas k7 k stat oppos to the west, and the Kroger grocery r store to the northeast. The petitioner is requesting y r .g m i `,f Z several variances, primarily for signs, to construct a t '4 'A V 3 p, 1 gas station and convenience store. I R Analysis: Gas and service stations are permitted in -1‘,I A 4( F.. 1 r a Y rT t A r'r X 4 the Carmel Drive/Range Line Road Overlay, but the F, r t buildings must meet the Overlay's architectural 14 d,- z j i s requirements. The Overlay is intended to foster a denser, more urban style of development, with multi -story buildings pulled up to the sidewalk and a mix of uses provided within those buildings. Eight variances are requested for the proposed market; six of those are for signs, and two are for the structure. Since the adoption of the Overlay, one building has been built and another has gone through the approval process and is pending construction. Both of those buildings, as with this one, were generally able to meet the majority of the requirements of the Overlay. The Overlay requires a minimum Floor Area Ratio (FAR) of 0.5. FAR is the size of the lot divided by the gross floor area of building; thus, a FAR of 0.5 would cover half or more of the lot. The intent of the FAR requirement is to increase the ratio of building to surface parking, and limit surface parking lots while encouraging shared parking and other creative measures. The FAR proposed at this site is 12 The increase is due in large part to the gas pumps. If the canopy over the pumps were factored into the ratio, it would come closer to the requirement, at 0.8 FAR. However, given the nature of the use, and that the building is pulled up to the street, especially Range Line Road, the Department believes the reduced FAR is an acceptable deviation. The other structural variance is based on street frontage. Per the Overlay, buildings must have at least 70% of their facades along the street right -of -way. The proposed structure does not meet that requirement along the Carmel Drive frontage, but this is mitigated somewhat by the proposed installation of a brick knee wall. The building does have a presence at the corner, due to its overall height and mass, particularly along Rangeline Road. While the Department would prefer a building that meets the frontage requirements along both rights -of -ways, the constraints of both the relatively small site and the nature of the proposed use are recognized. Definition of Changeable Copy: The Petitioner has proposed an electrically remote operated sign that will look as if the numbers are changed manually. The sign will be illuminated from within; however, there will be no exposed LEDs illuminating the price. It will be a vinyl number that changes electrically behind a clear viewing panel. Having the ability to remotely operate gas pricing signs is becoming a common request from Petitioners. The Department feels this type of remote operated sign is a great compromise to achieving the look the City desires and the Petitioner's need for convenience in price changing. Number of Signs, Number of signs facing south ROW and Number of signs facing west ROW: 6 total signs requested are requested and 2 signs are allowed by the Sign Ordinance. 1 ground sign and possibly 2 projecting signs are requested to face west. This is one ground sign to identify gas pricing, one projecting sign to identify the name of the business, and one projecting sign for a future second story tenant. 2 ground signs and 1 possible wall sign is proposed to face south. One ground sign has pricing only, one ground sign has pricing and the name and logo for Turkey Hill, and one possible wall sign is to identify the name and logo for Turkey Hill. The site is at a corner where a roundabout interchange is proposed for the future. Due to the complexity of creating wall signs with changeable gas prices, the petitioner has proposed 3 ground signs to notify the public of the gas prices. Each one of these signs will be oriented so that one direction of traffic will primarily be able to see the pricing. The Department would prefer to see only one Turkey Hill and logo sign facing south. Preferably the ground sign instead of the wall sign. This will reduce the number of signs requested and the total square footage that is over what the sign ordinance allows. Total square footage: 160.29 sq. ft. is requested and only 75 sq. ft. is allowed. The Petitioner is requesting more square footage than what is allowed because of the design of the site and the way the signs are oriented to advertise pricing to drivers coming from different directions. If the wall sign on the south is removed, the request will go down to 135.16 sq. ft., which is 60.16 sq. ft. over what the Sign Ordinance allows. 15 sq. ft. is being requested for a future second story tenant. That would bring the amount over to 45.16 sq. ft. The Department recognizes the need for identification of the gas prices and understands that it is the primary reason for the overage. Permit ground signs in the Carmel Drive/Range Line Rd. Overlay Zone: To do the nature of the proposed use, ground signs are the preferred and perhaps the most aesthetic way to identify gas pricing. The Petitioner proposes three ground signs to identify pricing to three different directions of traffic. Only one of these signs will have the Turkey Hill name and logo on it. The Department is in support of this request because of the need to identify gas prices. Findings of Fact: Reduced Floor Area Ratio 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the site will meet the visual intent of the requirement. 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 site will meet the visual intent of the requirement. 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: parking and maneuvering would be negatively impacted by the additional building footprint. Findings of Fact: Reduced street frontage 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the building will meet the overall intention of mass and height at the corner and along Rangeline Road. 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 building will meet the overall intention of mass and height at the corner and along Rangeline Road. 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: parking and maneuvering would be negatively impacted by the additional building footprint. Findings of Fact: Section 3.07 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 request allows only for a more efficient system to change the display copy and has little, if any, discernible affect on public health, safety, morals and general welfare of the community. The display is not different than 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 request allows only for a more efficient system to change the display copy and has little, if any, discernible affect on public health, safety, morals and general welfare of the community. The display is not different than 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 than what is permitted by right if adjusted manually. Findings of Fact: Total number of signs, Number of signs facing south and west, Total square footage, Permit ground signs in the Carmel Dr./Range Line Rd. Overlay Zone 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 number and location of signs will effectively address the wayfinding needs of the motoring public and pedestrians, as well as continue to establish a more unique and vibrant streetscape. The approval of this request will have little, if any, discernible negative affect on public health, safety, morals and general welfare of the community. In face, the proposed signs will allow motorists approaching form all four directions at the intersection to make an informed and safe decision prior to reaching or passing the driveway entrance to the real estate. 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 number and location of signs will effectively address the wayfinding needs of the motoring public and pedestrians, as well as continue to establish a more unique and vibrant streetscape. 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 the conveying of necessary and visible information to the public (both motoring and walking/biking) when in the vicinity of the real estate. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 10050014 V 10050021 V after all concerns have been addressed.