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Home My WebLink AboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT JANUARY 28, 2014 6-10. (V) Prime Car Wash, Michigan Road. The applicant seeks the following development standards variances for a new car wash. Docket No. 13120009 V ZO CH: 33.05.A.5.0 30 ft Perimeter Bufferyard, 10 ft requested on south Docket No. 13120010 V ZO CH: 23C.11.F Location of stacking for drive-thru, requested along north side of bldg. Docket No. 13120011 V ZO CH: 25.07.02-03.B Number of wall signs,2 permitted,3 requested Docket No. 13120012 V ZO CH: 25.07.02-03 Sign not facing street frontage,north facade Docket No. 13120013 V ZO CH: 25.07.02-06 Drive-thru Menu Signs,only permitted for restaurants. The site is located at the northeast corner of Michigan Road and 98th Street, and is zoned B-3/Business within the Michigan Road Overlay. Filed by Jon Dobosiewicz with Nelson and Frankenberger on behalf of Prime Car Wash. .7,. _ ti �: . 1.� General Info: ` m - �.i� - "-.'�' ° ` ,�, ��, The Petitioner requests variance approval for a reduced bufferyard, ' > `�' ' 41' t ' r'"K°.L `t` . the location of the drive-thru stacking, number of wall signs, sign � T 0 ;it- °'� -, , . %, M,''b `6 not facing a street, and for a drive-thru menu sign. This site is -., , t\ , r.,„��, '° . ,,`t •t c mostly surrounded by commercial development with some - 2�i , v.„1:-_„.� e, a ,, -¢ residential to the east. The development plan and architectural plans \,. . "' - are currently being reviewed by the Plan Commission committee. + �� .- 8►.-...` ��, '. y Please refer to the petitioner's information packet for more t Y", �° T' details. it- iv.`t , \ 4 ' . .",.'SM Analysis: yf .. " �,r ��;,;, " Perimeter Bufferyard UM' - The new landscape ordinance requires a 30 foot bufferyard for retail �\ 1 mss: uses when located adjacent to residential. Although most of the :' , " 4 ,,,. ,,,, r �� `• �: surrounding properties are zoned for commercial,the property '"` ,t " � *- directly south of this project is still zoned residential. While it is I `. .,,. � ' A ,?�i still zoned residential, it is within the Michigan Road Overlay which f* l'`'' ",""'` " ' - does not permit single-family residential uses but instead promotes business/commercial land uses and redevelopment. The department is in support of this variance, however it appears a sidewalk will also be located along the southern portion of this property. - Will the sidewalk be within the proposed 10 foot landscape buffer? - If so, will the remaining buffer be an adequate size for the proposed trees and shrubs? Location of Stacking The Michigan Road Overlay requires stacking for drive-thru lanes to be to the rear of the building only. The goal of this requirement is to reduce visibility of the drive-thru and automobiles from Michigan Road and create a streetscape that is visually appealing by focusing on the buildings and landscape design. Due to the layout of the site and the use of the building as a drive-thru car wash, it will be difficult for the petitioner to locate all of the stacking to the rear. The stacking will be limited to the side of the building and the landscaping along the front should help to minimize the negative effect of the drive-thru. The Department is supportive of this variance. Wall Signs The Petitioner is requesting 2 variances to permit one additional wall sign to face north which is not along a street frontage. The sign is proposed to be 82.3 square feet. This site has 2 street frontages and so the building is already permitted 2 signs, both of which are being fully utilized. The sign facing south is proposed to be 88.5 square feet, and the sign facing west is proposed to be 116 square feet. This should be adequate signage to properly identify the business. The Department is not in support of the additional wall sign but would support the sign facing north if another sign 4 were removed. The petitioner could also opt for a ground sign instead of one of the wall signs which would provide identification to people driving north or south. Drive-thru Menu Sign A menu board sign by definition is only permitted for restaurants. The sign ordinance does not take into account other drive-thru establishments such as car washes; however,a car wash has a similar need for a menu-board sign as a drive- thru restaurant. The proposed menu boards are only about 13 square feet and 6 feet tall, which is under the allowed square footage of 30 square feet for a menu board and 16 square feet for a preview board. Per the ordinance,the menu board should have a base that is constructed of a masonry material to match the design of the building.The petitioner should change this on the sign drawings. - Also, where will the menu signs be located? - Since the entrance to the car wash is near Michigan Road, will the signs be visible from Michigan Road? The Department is in support of this variance request. Petitioner's Findings of Fact: 13120009 V 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 landscaping for this area will provide proper and adequate buffering and screening for the use to the south of the Applicant's 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 plantings along the southern portion of the property adjacent to 98th Street will provide proper and adequate buffering and screening to 98th Street and site constraints prevent the Applicant from installing the required buffer yard area in this area. As a result,the use and value of the area adjacent to the property included in this variance will not be affected in a substantially adverse manner. 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 property on the south side of 98th Street is classified as a single family residential and requires a 30' buffer yard area on the southern portion of the Applicant's site adjacent to 98th, Street. Site constraints prevent the Applicant from providing the 30' buffer yard area and the Applicant is proposing a 10' buffer yard area in this location. The typical buffer yard area between commercial sites is 5'. The strict application of the Zoning Ordinance would prevent the Applicant from properly developing the site for the proposed use. The Applicant is proposing to install in the 10' buffer yard area on the southern portion of the site planting material, including trees and shrubs, that will provide adequate and proper buffering and screening to 98th Street. Petitioner's Findings of Fact: 13120010 V 1. The approval of this variance will not be injurious to the public health,safety, morals,and general welfare of the community because: To mitigate this request, the applicant will be installing additional landscape plantings adjacent to the drive-thru stacking area to provide adequate and proper screening and buffering. As a result, the approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because the area will be buffered by additional landscape plantings. 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: In addition to the rationale included in the response above,the area adjacent and north of the site consists of business and retail uses. As a result,the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. 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 applicant will be unable to design an efficient and effective site circulation plan for the proposed uses that are permitted by the underlying zoning. Findings of Fact: 13120011 V 1. The approval of this variance will be injurious to the public health,safety, morals, and general welfare of the community because: the proposed additional sign will detract from the character already established in this area by previous developments. 2. The use and value of the area adjacent to the property included in the variances will be affected in a substantially adverse manner because: the proposed additional sign will detract from the character and sense of place already established in this area by previous developments and which helps attract other businesses and patrons. 5 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: the property will still be viable for development and there are not conditions on site that would necessitate a deviation from the Zoning Ordinance as it relates to an additional sign. All along Michigan Road new developments have been constructed and have been able to meet the ordinance as it relates to signage. Findings of Fact: 13120012 V 1. The approval of this variance will not be injurious to the public health,safety, morals,and general welfare of the community because: the petitioner is permitted 2 signs for the site and could elect to move one sign to the north façade if they felt it would be more visible for drivers traveling south on Michigan Road. Limiting the number of signs to the permitted 2 would help mitigate this variance. 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 on the north facade may be more visible and would not detract from the character of the area because the site would still only have 2 signs and one would just be on a different facade. 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 sign on the north may help identify the business better to travelers heading south, especially since the building is sited close to Michigan Road. Petitioner's Findings of Fact: 13120013 V 1. The approval of this variance will not be injurious to the public health,safety, morals,and general welfare of the community because: The size and appearance of the additional menu board is consistent with development in the vicinity and is proportional to the site and primary building. 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 size and appearance of the additional menu board is consistent with development in the vicinity and is proportional to the site and primary building. 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: Absent utilizing the additional menu board, Applicant will be unable to identify the available services offered at the site thereby reducing its ability to facilitate efficient ordering and thereby affecting safe and efficient on site traffic circulation. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 13120009- 10,& 13120012-13 V and negative consideration of Docket No 13120011 V. 6