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Meeting Note: Carmel Plan Commission

COMMERCIAL COMMITTEE

Tue., March 29, 2022 Department Report

1. PZ-2022-00034 ADLS Amend: Circle K Rebrand – College Plaza.

The applicant seeks approval for signage and brand modifications/updating. The site is located at 10598 College Ave. It is zoned B-1/Business and is located in the Homeplace Business Sub-Area Overlay District. Filed by Amy Leska of Corporate Identification Solutions on behalf of the owner.

Project Overview:

The Petitioner proposes to update the branding for an existing gas station. This site is comprised of Lots 45, 46, and 47 of the College Plaza subdivision and is about 1.4 acres. The site is surrounded by R-3 zoned residential on the west and south. Across 106th to the north and College to the east are B-2 zoned commercial properties. Please see the Petitioner’s Information Packet for more details.

Unified Development Standards (UDO) Standards this project MEETS:

  • Permitted Use
  • Mechanical equipment is screened by the canopy
  • Signage
  • Landscaping

Unified Development Ordinance (UDO) Standards NOT MET, therefore Variances will be required:

  • Material or product storage shall occur within the Principal building or an Accessory building
  • Bicycle parking: 1 rack (2 spaces) required
  • Trash enclosure needed

Permitted Use:

Outdoor Storage of products occurs on this site including ice and propane tanks. This Use is prohibited per the Home Place Overlay Zone. Petitioner, move all outdoor products into the store or have them removed if not possible.

Active Transportation:

Staff is requiring the petitioner to come into compliance regarding bicycle parking. One rack (2 bicycle parking spaces) within 50’ of the front entrance to the site is required. Petitioner, please add bike parking and work with the Alternative Transportation Coordinator to ensure installed facilities are code compliant.

Active Transportation:

Staff is requiring the petitioner to come into compliance regarding bicycle parking. One rack (2 bicycle parking spaces) within 50’ of the front entrance to the site is required. Petitioner, please add bike parking and work with the Alternative Transportation Coordinator to ensure installed facilities are code compliant.

Architectural Design and Signage:

The Petitioner is requesting to replace the existing white, yellow and red (with inset lighting) ACM panels on the gas canopy. The new design will be primarily red with a small white and yellow stripe at the bottom. The existing lighting will be removed. Sign permits for the ground sign change have been submitted and are in compliance with the UDO. The wall sign will remain as is installed today. A previous variance for the site includes increased ground sign height from 6’ to 7’ under Docket No. 11040020 V.

DOCS Remaining Comments/Concerns:

  1. Move all outdoor products (ice machine, propane tanks, etc.) into the store or have them removed if not possible.
  2. Active Transportation – one bicycle parking rack is needed within 50 ft. of the main entrance.

Recommendation:

After all comments and concerns are addressed, the Department of Community Services recommends the Commercial Committee votes to Approve this item this evening.

2. PZ-2022-00036 ADLS Amend: Circle K Rebrand.

The applicant seeks approval for signage and brand modifications/updating. The site is located at 545 S. Rangeline Road. It is zoned B-1/Business and is located in the Rangeline Road Overlay District. Filed by Amy Leska of Corporate Identification Solutions on behalf of the owner.

Project Overview:

The Petitioner proposes to update the branding for an existing gas station. This site was previously before the Commercial Committee in February of 2019 under Docket No. 19010010 ADLS Amend. This site is comprised of Parcel 5 and 6 of the Gideon Newby subdivision and Parcel 12 of the D W Kinzer subdivision and is about 0.86 acres. The site is surrounded on either side by commercial uses similarly zoned B-1/Business. Across Range Line, to the west, is the Midtown area, zoned C-2/Mixed Use and PUD/Planned Unit Development. To the rear (east) is single-family residential with multi-family residential further east. Please see the Petitioner’s Information Packet for more details.

Unified Development Standards (UDO) Standards this project MEETS:

  • Permitted Use
  • Mechanical equipment is screened by the canopy
  • Trash enclosure provided
  • Signage
  • Landscaping

Unified Development Ordinance (UDO) Standards NOT MET, therefore Variances will be required:

  • Material or product storage shall occur within the Principal building or an Accessory building
  • Bicycle parking: 1 rack (2 spaces) required

Permitted Use:

Outdoor Storage of products occurs on this site including ice, propane tanks, water, salt, etc. This Use is prohibited per the Range Line Road/Carmel Drive Overlay Zone. Petitioner, move all outdoor products into the store or have them removed if not possible.

Active Transportation:

A sidewalk is present at the front of the property along Range Line Road and handicap parking is available along with appropriate means of access to the store. Staff is requiring the petitioner to provide one rack (2 bicycle parking spaces) within 50’ of the front entrance to the site. Petitioner, please add bike parking and work with the Alternative Transportation Coordinator to ensure installed facilities are code compliant.

Architectural Design and Signage:

The Petitioner is requesting to replace the existing white, yellow and red (with inset lighting) ACM panels on the gas canopy. The new design will be primarily red with a small white and yellow stripe at the bottom. The existing lighting will be removed. Sign permits for the ground sign change have been submitted and are in compliance with the UDO. The wall sign will remain as is installed today.

DOCS Remaining Comments/Concerns:

  1. Move all outdoor products (wood, salt, water bottles, ice machine, propane tanks, etc.) into the store or have them removed if not possible.
  2. Active Transportation – one bicycle parking rack is needed within 50 ft. of the main entrance.

Recommendation:

After all comments and concerns are addressed, the Department of Community Services recommends the Commercial Committee votes to Approve this item this evening.

3. Docket No. PZ-2021-00205 DP/ADLS: 11335 N. Michigan Rd. Apartments.

The applicant seeks site plan and design approval for a new development with 4 future outlots and an apartment complex (244 units). The site is located at 11335 N. Michigan Road. It is zoned B-3/Business & Residential and is located within the US 421 Overlay zone. Filed by Ryan Wells of REI Real Estate Services, LLC.

*Updates to the Report are written in blue

Project Overview:

The Petitioner proposes to develop the former Altum’s Gardens site into a new mixed-use development with commercial and residential uses. To the north (on the western portion of the property) is the ARN Funeral and Cremation Services, zoned B-5/Business. North of ARN and north of the eastern portion of the property is the Woodhaven subdivision, zoned S-1/Residential. East is a large, 32-acre parcel zoned S-1/Residential. South is the Weston Pointe retail shops and outlots, zoned B-2/Business and within the US 421 Overlay Zone. Lastly, to the SE are the Townes at Weston Pointe, zoned R-4/Residential. Please see the Petitioner’s Information packet for more details.

Unified Development Ordinance (UDO) Standards this project MEETS:

US 421 Overlay Zone:

  • Permitted uses*: Dwelling, Multiple- family, General Office, General Retail, General Service, among others
  • Min. building height: 20’ required, 26’2.38” proposed
  • Architectural Design Theme: complementary to or consistent with the Federal style.
  • Roof pitch – 5:12 proposed and allowed
  • Building materials – red brick proposed
  • 30’ greenbelt along US 421 required and provided
  • Lighting plan compliance with 0.0 or 0.1 footcandles adjacent to all property lines, 0.1 is max allowed adjacent to residential
  • Minimum site acreage for DP: 3 acres required; 22.149 acres proposed
  • Access to adjacent tracts proposed via connection to the south and ROW platted to connect to the east
  • Minimum gross floor area: 2,500 sq. ft. required; about 10,000 sq. ft. provided on smallest building
  • Pool and Garage buildings, as well as trash enclosure are designed to match principal buildings
  • Building materials: Trim details not to exceed 10%, 10% fiber cement proposed
  • Minimum side yard setback (north and south): 52.4’ required adjacent to residential, 52.5’ proposed

B-3/Business:

  • Minimum Lot width: 100’ required, 650’ provided
  • Maximum lot coverage: 80% allowed, 66.6% proposed
  • Bicycle parking – short term: 0.1 spaces per bedroom = 33 spaces required (325 bedrooms), 56 spaces/28 racks provided throughout property

*Permitted uses are subject to Plan Commission approval per commitments on the land signed in 1988. See “Declaration of Commitments” document at the end of this report.

UDO Standards NOT MET, therefore variances have been requested and/or more info needed:

Variances requested to be heard at the April 25, 2022 meeting:

  • Docket No. PZ-2021-00224 V: UDO Section 5.28 Parking – 506 parking spaces required, 400 requested.
  • Docket No. PZ-2021-00228 V: UDO Section 2.24 Minimum Lot Area – 5,000 sq. ft. per multiple-family dwelling unit allowed, 2,996 sq. ft. requested (also can be seen as 141 dwelling units allowed, 236 proposed)
  • Docket No. PZ-2021-00234 V: UDO Section 2.24 Maximum Lot Coverage – 40% maximum lot cover for multi-family dwellings in the B3 zone allowed, 51% requested.
  • Docket No. PZ-2021-00240 V: UDO Section 3.88(C) Building Height – 20’ maximum height allowed adjacent to residential uses, 26’ 2 3/8” and 37’ 8 1/4” requested.
  • Docket No. PZ-2021-00241 V: UDO Section 3.88(D) Building Facades – Buildings with continuous facades that are 90’ or greater in width shall be designed with offsets not less than 8’ deep and at intervals of not greater than 60’ required, 1.5’ requested.
  • Docket No. PZ-2021-00244 V: UDO Section 3.96(B) Minimum Rear Yard Building Setback – 52.4’ required adjacent to residential, 40’ requested.

Site Plan, Parking and Engineering:

The Petitioner is proposing to align their site with Bennett Parkway across Michigan Road. The site has been designed with a central street through the middle of the property, with three outlots to the north and one outlot to the south of the direct Michigan Road frontage. The proposed apartment buildings are divided into six buildings north of the proposed street and four buildings south of the proposed street. Eight (previously six) individual garage buildings will be provided throughout the site for additional garage options for residents. Five of the ten buildings will have garages on the first floor of the building. The UDO would require 506 parking spaces for the 236 units that are proposed (previously 523 spaces for 244 units). The project will provide 400 (previously 393) spaces through surface parking, detached garages, tuck-under garages, and tandem spaces (behind the tuck-under garages). A variance is required for the shortage of 106 (previously 130) parking spaces.

The Petitioner is working with the Engineering Dept. on drainage for the site. There is a large existing pond on the north portion of the site. The Petitioner would like to expand that pond to have one central detention facility for the entire development.

Building 4 on the east side of the pond, closest to the north neighbors, is now a two-story building. This caused the side yard setback requirement to be reduced, as two times the building height is required. The side yard setback variance (north and south property lines) is now no longer needed. 52.4’ setback is required and 52.53’ is provided. Building 7 at the SE corner of the site has been turned and is now the adjacent view for south neighbors, rather than parking lot. Building 9 (a three-story building) along the south property line has also been shifted west to be further away from the residents to the south.

In general, residential next to residential is an appropriate use. The mix of the proposed three- and two-story buildings are an appropriate height transition to two- and one-story single-family homes. It provides an appropriate buffer to commercial uses and US 421 to the west. The B-3 district and the US 421 Overlay does allow for multi-family; however, it is up to the Plan Commission to decide if these uses will be allowed on this land due to the 1988 commitments. It is important to think about how this development, if approved, could set the stage for future development that may occur east of this site. Note there are planned stub roads at Weston Pointe Drive, Cole Court, and Andretti Drive.

Active Transportation:

Sidewalks will be provided on both sides of the streets with crosswalk striping to help delineate crossing points for pedestrians. Short term bicycle parking racks are provided adjacent to every building and public area. 28 racks are provided around the site, which allows for 56 bikes to be parked. Long term bicycle parking is encouraged at a rate of 0.5 spaces for each bedroom, minus those units that have private garages. There are 164 bedrooms and 34 garages. This means that 48 interior long-term spaces would be encouraged for this development. Building Type 1 will have room for 20 interior bike parking spaces. Building Type 2 will have room for 14 interior bike parking spaces. Building Type 3A will have room for 12 interior bike parking spaces. Building Type 4 will have room for 18 interior bike parking spaces. Building Type 5 will have room for 20 interior bike parking spaces.

Architectural Design:

The US 421 Overlay requires buildings to be designed to be complimentary to or consistent with one of four architectural styles: Federal, Georgian, Greek Revival and Italianate. However, these Overlay requirements were not created with residential buildings in mind, it was designed with commercial uses in mind. The buildings originally submitted by the Petitioner included some characteristics of the ordinance requirements but were not actually designed to meet the US 421 Overlay. Thus, quite a few variances are needed for the design of these buildings. They are two and three stories tall, which is appropriate given the townhomes to the south are two stories, as well as the single-family homes to the north are two stories. One additional floor that is still residential in character and nearly meeting the maximum height for a single-family dwelling (35’) is a reasonable transition.

At the public hearing, a Plan Commission member had questions about the building height. The US 421 Overlay does state that adajent to residential uses, building height is limited to 20’, but may increase in height by one additional story for a façade step back with a depth of 25’, or the first structural bay, whichever is greater. The proposed two story building is 26’ 2 3/8” to the midpoint of the roof, so a variance is needed. The building designs have been adjusted to now accommodate some of each building’s HVAC equipment in the roof.

Lighting:

The lighting plan meets photometric requirements (0.1 footcandles) at all property lines. Poles will be installed at 15’ and 12’ tall. The US 421 Overlay requires a maximum pole height of 24’. We will continue to work with the Petitioner on providing updated elevations to show where the lights will be placed on the buildings and how that will enhance the character and design of the buildings.

Landscaping:

The north portion of the site has been left in a natural state for many years. The pond is mature and there is a significant vegetation buffer around the perimeter of the property. The Urban Forester is working with the Petitioner to preserve and enhance this existing buffer. The minimum side bufferyard width (north and south) required for multi-family adjacent to single family is 15’. The minimum rear bufferyard width (east) required is 25’. The Petitioner has now agreed to maintaining 20-25’ of existing growth along residential property lines.

Signage: No information on signage has been presented at this time.

December 21, 2021 Public Hearing recap:

The Petitioner presented the project, going over the site plan, drainage in the central pond, and explained that REI will construct and Barrett and Stokely will manage the apartments. Individual businesses would return for the commercial outlots at later dates. Variances are needed and will be heard by the BZA in February or March. They addressed the 1988 Commitments – the uses proposed on the outlots and the multi-family would need approval from the Plan Commission. Neighbors spoke against the project, with concerns ranging from property values, if this is the best use of this land, density, not planning with the neighbors in mind, design of the buildings, and needing a larger buffer. A commercial owner to the south was concerned about traffic coming through their property to get to the light on Michigan Road, and not helping to pay for the maintenance of the road.

Plan Commission members want to see a pedestrian plan, had concerns about traffic, the architectural design not being acceptable – significant rework needed, building heights – are the correct standards applied – 20 or 38, confusion about the commercial outlots and the significant landscaping buffer around them. It was recommended to go to the Commercial Committee meeting on February 1, 2022 for further review, and to return to the full Plan Commission for a final vote.

February 1, 2022 Commercial Committee meeting Recap:

The petitioner went over all the changes made to the project, including reducing the height of a 3-story building to a 2-story building adjacent to Woodhaven Subdivision and relocating a building at the SE corner of the site adjacent to the Townes at Weston Pointe to block noise and headlights. They will not be providing a full vehicular connection to the Weston Pointe Commercial development to the south. There will be a traffic light installed at the entrance on US 421. They will commit to preserving 20-25’ of vegetation along the property lines. Regarding architecture, they have increased the amount of brick from 62% to 90%. Staff went over items that still needed work, namely the architectural design and clarification on the roof design. Additional detailing is needed to make the buildings be more complimentary of the Federal style. Staff also reminded PC members that the use is still under consideration. The residential use and proposed uses for the commercial outlots need to be explicitly approved through this petition.

Plan Commission members had questions regarding access, stub streets, the proposed traffic light at US 421, proposed uses for the outlots, the design of the buildings, screening of HVAC equipment, recreational opportunities for around thepond, lighting proposal, wanting to see the tree survey, and the size and depth of the expanded pond. It was continued to March 29, 2022 Commercial Committee meeting for further review.

Update since Committee meeting:

The Petitioner has made significant changes to the building and enhanced the architectural character. The windows have been separated as requested to be more consistent with the Federal style. Brick and stone detailing have been added to separate the floors and provide more visual interest on the façade. The areas where fiber cement siding is used has been reduced and realigned to be symmetrical on the building. Rooflines have been broken up and adjusted to provide more visual relief on the façade. The clubhouse part of Building 2 is now in line stylistically with the rest of the building. While it has different window details such as fewer mullions, it does not detract from the rest of the building or stand out in a negative way.

One major change is the location of the HVAC units. Some were moved to the roof to be concealed in the center of the pitched area. Others were moved to the side of the building, so they were not fronting on the central street. Landscaping will be provided as a visual buffer for the ground mounted HVAC units. Many exhibits were provided in the packet to address comments from the Plan Commission members and neighbors. The pond will have a path around the south part of it, with a pier and benches. The path was removed around the north perimeter of the pond to preserve more trees. The overall depth of the pond will be 17’. Lastly, there was a question regarding site access for the Fire Dept. Staff consulted with the Fire Dept. and found that they have no requirements for additional access, however, do firmly believe that more access is always better.

Recommendation:

The Department of Community Services recommends the Commercial Committee discusses and then forwards it back to the full Plan Commission meeting on April 19, 2022 with a Positive Recommendation.

4. Docket No. PZ-2021-00139 DP/ADLS: Oberweis – That Burger Joint – Woodgrain Pizzeria.

The applicant seeks site plan and design approval for a restaurant on a 1.15 acre vacant parcel. The site is located at 10920 N. Michigan Road, which is the SW corner of Weston Pointe Blvd. and Michigan Rd./US 421. It is zoned B-3/Business and is located in the US 421 Overlay Zone. Filed by Joe Oberweis, owner.

*Updates to the Report are written in blue

Project Overview:

The Petitioner proposes a new restaurant with dine in and drive thru options. To the west is the Aria Apartment project owned by Cityscape Residential and located in Zionsville (Boone Co.). North across Weston Pointe Drive is a multi-tenant retail building, zoned B-3 and within the US 421 Overlay. Immediately adjacent to the south is Kindercare and further south is Christian Bros. Automotive site. Both are zoned B-3 and in the US 421 Overlay. To the east across Michigan Road are additional outlots and multi-tenant retail buildings. They are zoned B-2 and also within the US 421 Overlay Zone. Please see the Petitioner’s Information packet for more details.

Unified Development Ordinance (UDO) Standards this project MEETS:

US 421 Overlay Zone:

  • Permitted use: Restaurant with walk up/drive-thru
  • Architectural Design Theme: complementary to Italianate style
  • Building materials chosen – 3 colors of brick, split face CMU, stone, EIFS (cornice), and glass proposed
  • 30’ greenbelt required & provided
  • Minimum site acreage for DP: 3 acres required; 6.68 acres proposed through overall DP for site (Docket No. 19020009 DP)
  • Vehicular parking: 53 spaces required (1 space per 80 sq. ft. of floor area); 47 spaces provided, 6 additional spaces can be covered through shared parking with adjacent daycare lot, as it is within 300’.
  • Min. front yard: 30’, 104’ proposed (east)
  • Max. front yard: 120’ allowed, 120’ proposed (east)
  • Minimum rear yard: 15’ required, 35’ proposed (south)
  • Access road to rear of parcel provided for connectivity
  • Minimum gross floor area: 2,500 sq. ft. required; 4,256 sq. ft. provided
  • Lighting plan meets 0.3 footcandle maximum at property lines
  • Trash Enclosure is architecturally compatible with principal building

B-3/Business:

  • Minimum Lot Area: 10,000 sq. ft. required; 1.13 acres (49,222.8 sq. ft.) provided
  • Minimum Lot width: 100’ required, 180’ provided
  • Maximum Building Height: 35’ allowed, 25’8” proposed
  • Maximum Lot Coverage: 80% allowed, 78.4% proposed
  • Bicycle parking: 4 spaces required and provided

UDO Standards NOT MET, therefore a variance must be requested:

  • Drive Thru location: Must be located to the rear of the parcel, Site has three frontages therefore, this requirement cannot be met
  • Maximum Building Height adjacent to residential: 20’ allowed, 21’ to 25’8” proposed
  • Landscaping – Number of Trees: The site is short four shade trees and four ornament trees.
  • Signage – Number: 9 proposed, 3 allowed
  • Signage – Monument sign height: 9’4” proposed, 6’ allowed
  • Signage – Ground sign and menu board sign location: 0’ setback from ROW proposed, 5’ minimum setback required from ROW

Site Plan, Parking and Engineering:

The Petitioner seeks approval for the Development Plan and ADLS for a restaurant with drive thru. This site is on the west side of Michigan Rd., adjacent to the Boone County border. This is one of four outlots created through the Michigan Road Retail project (Docket No. 19020009 DP/ADLS). Weston Pointe Drive (north) and Redd Road (west) are both now complete providing vehicular and pedestrian access from Bennett Parkway to 106th Street. The Petitioner will need toseek variance approval for the location of the drive thru being visible from the front yard/adjacent streets. This site is on a peninsula, with three street frontages. They have worked with staff on the placement of the drive-thru where it is located today, and staff is supportive of the needed variance, as there really is no way to be compliant with this requirement.

The main entrance for the restaurant is on the west side of their parcel off Redd Road and will be a shared access with Kindercare to the south. 47 parking spaces are provided, when 53 are required. Restaurants with drive thru require one space per 80 sq. ft. of floor area. The UDO does allow for shared parking, and the daycare to the south meets their minimum parking requirements with two extra spaces. Based on the off-hour peak times of the two businesses, this is an ideal situation for shared parking.

The plan meets lot coverage requirements at 78.4%, when 80% coverage is allowed per the B-3 zone. Drainage for this site is coordinated through planned detention for the Aria apartments project to the west of this site in Zionsville’s jurisdiction. The detention will be coordinated and provided for all the outlots in conjunction with the installation of Redd Road by the property owner, Cityscape Residential.

Active Transportation:

There are existing sidewalks along the perimeter of the site – Michigan Road, Weston Pointe Drive, and Redd Road. The Petitioner proposes a new 5’ wide sidewalk along the south side of the building to connect the site from east to west to Redd Road. Sidewalk, outdoor seating, and connection to the playground as well as Weston Pointe Road will be provided along the front of the building (east side). Two bicycle racks (four spaces) are provided southeast of the front door.

Architectural Design:

Staff has been working with the Petitioner on the design of the building for quite some time. It is finally to a state that we can support and has detailing meeting the US 421 corridor standards. The architect has designed the building to be complementary to the Italianate architectural style. Some of these features are the dentil molding, enhanced brick detailing around the pilasters of the front entry, symmetrical form of the building and window placement. The building will be constructed of three colors of brick (red, brown, and tan) with a concrete masonry unit (CMU) block base in a tan color. Stone will be used on the south end of the building as an accent material near the cornice. EIFS will be used for the cornices and is less than 10% of the overall façade area. The height of the building ranges from 21’ to 25’8”. The US 421 Overlay specifies that the maximum height allowed adjacent to residential is 20’. A variance will be needed for the increase. One other item to note on the building design is the very large window above the main entry. This entry feature has been worked many times over. It is now in line with the rest of the building design; however, we would like to see more details about the signage within it. How big is the area and is it open to below? What kind of lighting will be in this window/vestibule area? Is this an area for murals? Will it be changed often?

The dumpster enclosure is located in the center of the site, away from the three street frontages and behind (west of) the front of the restaurant. It will be constructed of brick to match the building with a concrete top to resemble stone.

Lighting:

Decorative wall sconces will be provided all around the building (15 in total). Utilitarian style down lights (2) will be provided over the two employee-only doors at the northwest corner of the building. The parking lot will be lit by 5 pole lights placed around the site at 22’ tall. The maximum height allowed for pole lights is 24’. The photometric plan is in full compliance with the maximum 0.3 footcandle limit at the property lines.

Landscaping:

The Urban Forester has reviewed the landscaping plan and made comments for the Petitioner to update their plans. The 30’ required greenbelt along Michigan Road is provided. Areas of concern are species choices, additional trees needed, and additional shrubs needed to block headlights along Michigan Road. Petitioner, please continue to work with the Urban Forester on the landscape plan.

Signage:

This site is located on three public streets; therefore, three signs are allowed. This is a single use building with a food court style (3 types of food) restaurant, thus the reason a sign is proposed for each “tenant.” Eight wall signs are proposed as well as one ground sign. This will require variances for the number of signs. The ground sign is proposed at 9’4” tall, which is well over the 6’ allowed. The height of this sign will require a variance. At present, Staff is not supportive of the overage in signage. With three street frontages, the building will be highly visible, and we ask the Petitioner to re-look at their signage proposal. Detailed sign dimensions are still needed for the proposed menu board and directional signage proposed. A menu board is allowed in addition to the main identification allowed for the site. Directional signage is allowed as long as it is 3’ tall and 3 sq. ft. or less in area.

March 15, 2022 Public Hearing Recap:

The Petitioner gave an overview of the company and the proposed project. They have worked with Staff on the building design to match US 421 Overlay requirements more closely. Staff commented on the use and complimentary nature/hours of operation of the daycare to the south. This is an ideal situation for shared parking. Staff also mentioned the large amount of proposed signage, which will need variance approval. Plan Commission members had questions regarding the architectural style – needing more details to understand how it is complementary to the Italianate style, signage details, drive thru location and flow of traffic, and drainage details. It was sent to the Commercial Committee meeting on Tuesday, March 29, 2022 for further review, and will return to the full Plan Commission for a final vote.

DOCS Remaining Comments/Concerns:

  1. Maximum building height adjacent to residential – is it possible to reduce the overall height of the building while still concealing rooftop HVAC units?
  2. Please provide more detailed information (exhibits or photo examples) on the architectural style and how it is complimentary to or consistent with the Italianate style.
  3. Landscape plan approval – please provide an update on discussions with the Urban Forester.
  4. Signage – in discussions with the Petitioner, they were amenable to removing the wall signs facing west and possibly removing the ground sign. Please discuss these plans in detail with the Committee.

Recommendation:

The Department of Community Services recommends the Commercial Committee discusses this item, then continues it to the Thursday, May 5 Commercial Committee meeting for further review and discussion.

5. Docket No. PZ-2022-00001 DP/ADLS: Culver’s.

The applicant seeks site plan and design approval for new Culver’s restaurant. The site is located at 431 E. Carmel Drive. It is zoned B-8/Business and is not located in any overlay zone. Filed by Bob Goins of K & J Investments XVL, LLC.

*Updates to the Report are written in blue

Project Overview:

The Petitioner proposes to construct a new restaurant with drive thru where the Rama Car Wash was previously located. Immediately adjacent to the east is Fazoli’s. West is the Flanner and Buchanan Funeral Home. South of the site is the Post Office. These surrounding uses are all zoned B-8/Business. North across Carmel Drive is the Hunter’s Glen condo community, zoned R-4/Residential. Please see the Petitioner’s Information Packet for more details.

UDO Standards this project MEETS:

B-8:

  • Permitted Use: Restaurant with walk-up/drive-thru
  • Minimum Front Yard setback: 25’ required, 104’ proposed
  • Minimum Side Yard setback: 10’ required, 35’ proposed east, 54.4’ proposed west
  • Minimum Rear Yard setback: 10’ required, 153.9’ proposed
  • Maximum Building Height: 50’ allowed, 23’3” proposed

Article 5:

  • Bicycle parking: 3 racks (6 spaces proposed), 2 racks (4 spaces) required
  • Dumpster enclosure: matches building design and materials
  • Accessory Drive thru canopy: matches building design and materials
  • UDO Standards NOT MET, therefore Variances are required or adjustments need to be made:
  • Parking: 70 spaces required; 46 spaces provided
  • Bicycle parking location: within 50’ of front door required, 76’ to patio door (north) and 120’ to the main entry (west) proposed (Petitioner has stated they will revise the location for bike parking)
  • Lot coverage: 60% allowed, 68.3% proposed
  • Signage – Number: One sign allowed, two signs proposed (wall and ground)

Site Plan, Parking, and Engineering:

Access to the site will remain as it is today, shared with the Fazoli’s restaurant to the east. There is also a cross access easement through the Fazoli’s site to AAA Way, which will also remain. Parking will be added along the north property line and in front of the building. Traffic will flow one way around the site to access the drive thru at the back (south) of the site. The drive thru will have two lanes that will funnel into one lane as it approaches the pick-up window. Then it will split off into two areas of pull ahead parking and one through lane for “food runners” to bring out the orders. There are 46 parking spaces proposed on the site. Restaurant with drive thru calls for one space per 80 sq. ft. of floor area. This building requires 70 spaces; therefore, a variance will be required. The Petitioner still has work to do with the Engineering Department on detention and water quality for the site. To date no drainage report has been submitted. Reviews will continue in Project Dox on this item.

Active Transportation:

Carmel Drive has an existing 5’ wide sidewalk along this frontage. However, the Thoroughfare Plan requires a 10’ asphalt path along Carmel Drive. The Petitioner has the option to either construct the path as required or may work with the Engineering Dept. on a contribution to the Non-Reverting Thoroughfare Fund in lieu of constructing the path improvement. Petitioner, please provide an update as to which route you would like to go. The Petitioner plans to install a new 5’ wide sidewalk to connect the front door to Carmel Drive. Sidewalk is also proposed around the building and leading back to the order canopy area behind the building. Bicycle parking is shown on the site plan adjacent toCarmel Drive, which is too far away from the front door of the building. The maximum distance allowed is 50’ from the front door. Petitioner, please revise the bicycle parking location to be in compliance with the UDO.

Architectural Design:

The building design has evolved over the course of this project and is now on the right track, but some modifications are still needed. Proposed building materials are brick, stone, and EIFS (stucco). Stone pilasters now carry evenly throughout the facades. Brick is the primary material in-between these pilasters. The same stone is used as a base around the entire building. Windows are incorporated in the front of the restaurant and faux windows made of EIFS are now proposed on the back part of the building. The Dept. would like to continue working on this design with the Commercial Committee and the Petitioner. Instead of EIFS windows, we would prefer to see bricked-in faux windows. EIFS is not desired within 8’ of the ground, and it does not make sense to break up a brick façade with EIFS. Other items of concern are the blue awnings that carry over these faux windows on the back half of the building. If they do not serve a function for shading the inside from sun or protection for a pedestrian over a sidewalk, they should not be used. Another item to work on is where the stone carries up in the center portions of the building on each façade, as well as how the pilaster stops short of the cornice line. While an accent wall in generally supported, in this case it blends too much with the pilasters.

The drive thru canopy on the back of the site has the same stone for the columns. The roofline could use a little more work to match the cornice of the building in both coloring and detail. Right now, it is a plain dark gray. The cornice line of the building is tan with accent projections. The new trash enclosure also matches the building with stone pilasters at the corners and brick as the main material. It has a dark gray cap as the “cornice.”

Lighting:

As currently proposed, the photometric plan does not meet the 0.3 footcandles at the property line. Six pole lights at 25’ tall are proposed around the site and referenced on the photometric plan. However, a detail of the fixture is not provided. Other light fixtures detail sheets are included in the Info Packet (assumingly for decorative lighting around the building and down lights within the canopies), however are not shown on the lighting plan for reference. Petitioner, please work on providing an up-to-date, compliant lighting plan for review. Please also provide a night-time view of the building – we want to ensure that no colored lights are proposed or other use of lighting as signage.

Landscaping:

New landscaping will be installed around the site, including building base landscaping, perimeter shrubs, and trees. The Petitioner has submitted a landscape plan through the Info Packet for the Plan Commission meeting but has not yet uploaded plans through our online review software, Project Dox. The Petitioner will need to continue working with the Urban Forester on adjusting the landscape plan as needed to meet the Commercial Landscaping Ordinance requirements.

Signage:

One main identification sign is allowed for this site as it faces one public street frontage. Two signs are proposed – one ground sign perpendicular to Carmel Drive and one wall sign facing north towards Carmel Drive. A variance will be required for the number of signs. The wall sign is 46.7 sq. ft. and is 59% of the height and 50% of the width. Up to 70% of the spandrel panel height and 85% of the spandrel panel width is allowed. The ground sign is 6’ tall and 35 sq. ft. It also has manual changeable copy as part of the design, which is allowed. Directional signage will be installed at 3 sq. ft. and 3’ tall as is allowed by the sign ordinance. A pre-sale menu board is shown adjacent to the drive thru canopy. The size is 24.6 sq. ft. Petitioner, will this be the only menu sign? Will there be other signage proposed for the canopy such as height limits, one way, etc.? Lastly, please have the site plan updated to include all signage locations, instead of on a separate sign plan.

March 15, 2022 Public Hearing Recap:

The Petitioner went over the project details and that a few variances requests will be necessary due to the size of the site. Drive thru stacking will occur at the side and rear of the new building. They will continue to work with Staff on outstanding comments. Staff discussed that progress has been made on the design of the building, but more work still needs to be done – particularly to the faux EIFS windows and awnings on the back of the building. Plan Commission members had concerns about the shared access drive at the entrance to the site off Carmel Drive, location of the sidewalkcoming in from Carmel Drive and pedestrian safety, potential overflow of customers/cars and how many seats are inside the restaurant, and the faux EIFS windows with awnings over them are concerning. It was sent to the March 29, 2022 Commercial Committee meeting and returning to the full Plan Commission for a final vote.

DOCS Remaining Comments/Concerns:

  1. 10’ asphalt path along Carmel Drive or contribution to the Non-Reverting Thoroughfare Fund – please specify which will be done
  2. Architectural design modifications
  3. Inconsistency of tower heights around the building – would like to see the height of the towers reduced and the same height
  4. Reduce the use of the stone material to only at the water table and as the column material. Please remove it from going full height on the tower elements.
  5. Remove all EIFS faux windows and the awnings that are placed over them. Either replace with a bricked in window (decorative brick pattern such as chevron or basket weave) or plan brick with no window. We would prefer to not have faux windows.
  6. Increase the height of the cornice to make it more decorative and proportional.
  7. Provide the same enhanced cornice for the drive thru canopy.
  8. Bicycle parking location within 50’ of front door
  9. Lighting plan – detail sheets, night view, and compliant photometric plan all needed
  10. Landscape plan approval
  11. Signage details

Recommendation:

The Department of Community Services recommends the Plan Commission forwards this item to the Commercial Committee meeting on Thursday May 5, 2022 for further review.

6. Tabled To April 19: PZ-2022-00033 ADLS Amend: Ozwell Fitness.

The applicant seeks approval for the remodel and expansion of the former Williams Comfort Air building for a new fitness facility. The site is located at 1077 3rd Avenue SW. It is zoned I-1/Industrial and is not located within any overlay district. Filed by David Gilman of Land Development Services on behalf of the owner.

This item is TABLED to April 19, 2022.