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HomeMy Public PortalAboutBZA 9-2024, 5901 E Natl Rd, Var of Dev Stand AppBZA -- Address: Date Submitted: * ;' * City of Richmond Variance of Development Standards Application Department of Infrastructure & Development 50 North 5th Street Richmond, IN 47374 For questions, contact: Ian Vanness, City Planner wanness(i ichmondindiana.gov (765) 983-7217 Joanne Buroker, Planning Tech vburokcr(a.ri chmondin diana. gov (765) 983-7235 Applicability A Variance of Development Standards allows applicants the opportunity to seek relief from zoning regulations related to development standards (Article 2 & 5), such as height, bulk, and area. The procedure for filing a Variance of Development Standards with the Board of Zoning Appeals is as follows: 1. Pre -application meeting with the Zoning Administrator (City Planner) 2. Submit an application 28 days before the next Board of Zoning Appeals meeting. 3. Zoning Administrator will notify all interested parties of the public hearing by a minimum of 10 days before the hearing. 4. Board of Zoning Appeals public hearing (projects located within Richmond's historic conservation districts may be require to obtain a Certificate of Appropriateness from Richmond's Historic Preservation Commission) A complete application contains the following: 5. Completed and signed application (hard copy, digital copy, or online application) a. Owner Certification 6. Site plan (to include but not limited to the following): a. All existing and proposed structure(s) b. Elevation of proposed construction, indicating the height of all structure(s) c. Entire lot dimensions d. Adjacent street(s) e. Distances from structure(s) to property lines f. Distance between structure(s) g. Labelled property lines h. Labelled recorded easements i. All existing and proposed landscaped areas 7. $50 application fee (to be paid upon submittal — payment does not guarantee approval) INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. It is the responsibility of the applicant to ensure that the request is complete. Staff will not perform work required to provide missing information. Meeting Information Time/Date: 5:30 PM, 2"d Wednesday of each month Location: Richmond Council Chamber, 3rd Floor — Municipal Building, 50 North 5th Street, Richmond, IN 47374 Meeting Structure: - Roll Call - Pledge of Allegiance - Minutes - Proof of Publication New Business (Variance hearing — public comment) - Old Business (TABLED variances from previous meetings) Adjournment REMINDER — applicant or certified agent must be present at the Plan Commission hearing. *Failure to appear may result in the dismissal of the Application. Applicant/Agent Responsibilities: 1. Attend the meeting to discuss the application and answer potential questions. 2. Speak to proposed Findings of Fact in application: 3. The presenter may also consider addressing the following questions in relation to the property and variance request: i. How will enforcement of the Ordinance unreasonably inhibit the proposed use? Why should the standards in the Ordinance not apply to the property? ii. What are the unique characteristics of the property with respect to lot size, shape, topography, and other physical limitations that make literal enforcement of the Ordinance impractical? Were any of these limitations created by the current or past property owners? iii. What other options are available? Why were these options not chosen? iv. How will approval of this variance protect the public interest? In particular, how it will impact sensitive public resources and/or adjacent properties? v. How is granting this variance consistent with the spirit and intent of the Ordinance? In particular, how will it meet the purpose of the zoning district(s) in which the property is located? Practical Difficulty: "A difficulty with regard to one's ability to improve land stemming from regulations of this Unified Development Ordinance (UDO). A practical difficulty is not a "hardship, " rather it is a situation where the owner could comply with the regulations within this Unified Development Ordinance, but would like a variance from the Development Standards to improve his/her site in a practical manner. For instance, a person may request a variance from a side yard setback due to a large tree which is blocking the only location that would meet the Development Standards for a new garage location " — City of Richmond's UDO, Article 11 - Definitions Page 1 2 Contact Information Person Name Address Phone Number Email Applicant Property Owner Contractor Chick-fil-A, Inc. JK 5901 East National Road LLC 5200 Buffington Road., Atlanta, GA 30349 500 E. 96th St, Suite 455, Indianapolis, IN 46240 (573) 268-0957 shaun.walker@cfacorp.com marcjaffe@jaffecompanies.com Property Information Address: 5901 National Road East, Richmond, IN 47374 Current Zoning: Highway Commercial Parcel Number: Current Use: Restaurant Local Conservation District (if applicable): Total Area: 1.45 acres Overlay District (f applicable): Aquifer Protection Overlay Two -Mile Fringe: ❑ Yes ® No Has the property ever been granted a Variance before?: El Yes If yes, please list the year, case #, and variance description: Unknown ❑ No Variance Information Please cite which code(s) from Richmond's Unified Development Ordinance you are seeking relief from: Example: Section 2.10 — R2 District Development Standards; Minimum Side Yard Setback Example: Section 5.27 — Residential Fence and Wall Standards; Maximum Front Yard Fence Height i . Section 2.36 - HC District Development Standards; Minimum Side Yard Setback 2. Section 2.36 - HC District Development Standards; Minimum Front Parking Lot Setback Page 1 3 3. Section: 5.95(C) - Trash Receptacle Standards: Setbacks Describe the variance(s) requested. (List Unified Development Ordinance section number(s) 1) Section 2.36, Freestanding order point canopy located within minimum side yard setback 2) Section 2.36, Parking lot located within minimum front parking lot setback 3) Section 5.95(C), Dumpster located in front yard, dumpster projecting into setback by more than 50% Describe the reasons for this request. 1) Proper drive through design requires the order point canopy to be on the east side of the building. 2) Unique lot size and shape requires necessary parking to be located in the setback. 3) Dumpster needs to be located near building and away from the drive -through. Proposed Findings of Fact 1.) The approval of the variance WILL WiLL NOi he injurious to the public health safety, morals and general welfare of the community because: 1) Drive -through design will reduce chances of cars stacking into the parking lot. 2) Increased parking located in the setback ensures a less congested parking lot. 3) Dumpster will not be a significant walk for employees, location ensures it will be away from the drive -through 2.) The use and value of the area adjacent to the property included in the variance WILL GILL NOD be affected in a substantially adverse manner because: 1) Increased drive -through capacity will prevent blocking of access to HOP from center drive aisle. 2) Increased on -site parking will reduce chances of the need to park in the lot of an adjacent property 3) Dumpster will be screened from adjacent properties. 3.) The strict application of the terms of the ordinance ILL ? WILL NOT result in practical difficulties in the use of the property because: 1) Fitting canopies within the setbacks will results in a much smaller drive -through 2) Reducing parking to fit within the setback will significantly decrease the amount of on -site parking Page 14 Page | 5 Applicant Certification I hereby certify that the above information and accompanying documents are true and accurate to the best of my knowledge. I understand that any misrepresentation of submitted data may invalidate any approval of this document. I further understand that this completed application must be filed and fees paid at least twenty-eight (28) days prior to the next scheduled Board of Zoning Appeals meeting. I acknowledge and permit a variance sign informing neighbors about the meeting to be placed on the subject property. APPLICANT SIGNATURE: ___________________________________________ DATE: _________________ Owner Certification This is to certify that the undersigned is/are the owner(s) of the real estate described in said application, and hereby acknowledge(s) and agree(s) _________________________________ is duly authorized to present said application before the City of Richmond, IN Board of Zoning Appeals I swear or affirm under penalties for perjury that the above representations are true and correct. Signature Printed Name Signature Printed Name STATE OF INDIANA, COUNTY OF___________________________________. Before me the undersigned, a Notary Public in and for _____________________________County, in the State of Indiana, personally appeared ________________________________________and acknowledged the execution of the foregoing instrument this ______________ day of ____________, 20______. Notary Public 2/14/24 personally appeared instrument this 3) Dumpster would need to be located very far away from the building, making it less accessible. Applicant Certification I hereby certify that the above information and accompanying documents are true and accurate to the best of my knowledge. I understand that any misrepresentation of submitted data may invalidate any approval of this document. I further understand that this completed application must be filed and fees paid at least twenty-eight (28) days prior to the next scheduled Board of Zoning Appeals meeting. I acknowledge and permit a variance sign informing neighbors about the meeting to be placed on the subject property. APPLICANT SIGNATURE: DATE: Owner Certification This is to certify that the undersigned is/are the owner(s) of the real estate described in said application, and hereby n acknowledge(s) and agree(s) L r7 _ (, is duly authorized to present said application before the City of Richmond, IN Board of Zoning 7 ,ppeals I swear or affirm under penalties for perjury that the above representations are true and correct. 4diatz_ t.FG. mature Printed Name - CC"O/ 1w 72et Signature Printed Name STATE OF INDIANA, COUNTY OF )4U Before me the undersigned, a Notary Public in and for "GI" _Piq re, i/U L./ t - day of /'-2,4 ,20 or4. •,,ttf htInllllryi, :.� ,• ypta�r� Cain , t4OTARY PUBLIC '• I5 r. c* 3'.9 * ' NOTAR3Y SEf L :1 «I +H1111003 sly► County, in the State of Indiana, and acknowledged the execution of the foregoing Page I5 My commission expires Page 1 6 Page 1 kimley-horn.com 500 East 96th St., Suite 300, Indianapolis, IN 46240 (317) 218-9560 Please cite which code(s) from Richmond’s Unified Development Ordinance you are seeking relief from: 1) Section 2.36 – HC District Development Standards; Minimum Side Yard Setback 2) Section 2.36 – HC District Development Standards; Minimum Front Parking Lot Setback 3) Section 5.80(B)1 – Highway Commercial Sign Standards; Wall sign area 4) Section 5.80(B)4.c – Highway Commercial Sign Standards; Pole Sign location 5) Section 5.95(C) – Trash Receptacle Standards; Setbacks Describe the variance(s) requested. (List Unified Development Ordinance section number(s)) 1) Section 2.36, the freestanding order point canopy is located within the minimum side yard setback. 2) Section 2.36, parking spaces extend into the minimum front parking lot setback. 3) Section 5.80(B)1 – Wall sign area increased from 167.75 SF to 212.25 SF. 4) Section 5.80(B)4.c – Pole sign located 5 feet from the property line. 5) Section 5.95(C), the dumpster is located in the front yard along Eaton Pike and is projecting into the setback by more than 50%. Describe the reasons for this request. 1) The drive-through has been maximized to hold as many stacked cars as possible. In order to maximize the drive through, the order point canopy must be located on the east side of the building, which requires it to extend into the side yard setback. 2) The unique lot shape and size requires that the necessary parking extend into the front yard setback. 3) The lot design is uniquely shaped within proximity to the I70 and US40. The uniqueness of the location creates a hardship that does not apply to all others in the immediate area. The code allowed Wall sign area does not take into consideration the design of a “Chick-fil-A” letterset. The wall sign legibility and visibility are essential. The “C” in the Chick-fil-A letterset is the chicken logo design “C” and part of their trademarked logo. When lettersets have capitals and lower case, the size of the capital can determine the legibility of the other letters. Reducing the size of this logo would make the letters illegible. 4) Chick-fil-A is a fast service restaurant seeking to occupy this lot which is uniquely shaped and located adjacent to Interstate 70 and US route 40. Signs are used by motorists traveling on nearby roadways to help navigate to their destination. This is an impulse based business and the location is a heavily congested roadway, making adequate visible and legible signage essential. 5) The dumpster needs to located within reasonable walking distance from the building, and in a location that does not impede the drive-through. Page 2 kimley-horn.com 500 East 96th St., Suite 300, Indianapolis, IN 46240 (317) 218-9560 The approval of the variance WILL NOT be injurious to the public health, safety, morals, and general welfare of the community because: 1) Maximizing the drive-through and placing the order point canopy on the east side of the building will reduce the chance of cars stacking into the parking lot. 2) Parking has been maximized to ensure a less congested parking lot. An increased number of spaces requires that a portion of them be located within the front setback along Eaton Pike. 3) The sign proposed is wayfinding in nature for an impulse driven business that will be positioned approximately 200 ft from a major intersection. Chick-fil-A customers will be exiting US Route 40 and Interstate 70 in search of this fast service destination. GPS technology isn’t always used and/or accurate. The United States Sign Council recommends visibility standards for parallel signs and letter heights for legibility. The sign height proposed is necessary for the signs to be legible and visible at posted speed limits along this divided highway near a congested intersection. The signs proposed will not be injurious to the public health, safety, morals or welfare but rather contribute to the safety of motorists and transient guests traveling here. The signs are consistent with the overall types of signs that exist in this area and the sign types are allowed by code overall. https://usscfoundation.org/wp-content/uploads/2018/03/USSC-Parallel-Sign- Legibility-2018.pdf https://usscfoundation.org/wp-content/uploads/2019/08/USSCF-Parallel-Sign- Computation-Rules-of-Thumb-Aug-7-2019.pdf 4) This particular property is unique in nature. The signage proposed is consistent with the line of site here for motorists traveling from various points of entry and in keeping with the intent of providing adequate notification of this business’ existence. The changeable copy message board on the pole sign is designed inform potential customers and works effectively when it is legible. The setback requested is to enable this sign to be legible from surrounding roadways and points of entry to the Chick-fil-A parking lot. 5) The dumpster has been placed such that it can be reasonably walked to from the building, while also not impeding the drive-through. 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: 1) Maximizing the drive-through and increasing its capacity will help prevent blocking of the access to IHOP from the center drive aisle. 2) Increasing the on-site parking will reduce the chances that a customer needs to park in the lot of an adjacent property. Page 3 kimley-horn.com 500 East 96th St., Suite 300, Indianapolis, IN 46240 (317) 218-9560 3) Signs of this size and type exist in this area. Nearby competitors have signs that exceed the maximum limitation. The use and value of the area adjacent to the property is not impacted negatively by this proposal as it is related to something that already exists within the zoning district. 4) The signs proposed are designed to inform and be legible. The use and value of the area adjacent to this will be enhanced by the upgraded aesthetic appeal of a Chick- fil-A. This will have a positive impact on the area overall. 5) The dumpster will be screened from adjacent properties. The strict application of the terms of the ordinance WILL result in practical difficulties in the use of the property because: 1) Fitting the order point canopy within the side yard setback would result in a much shorter drive-through, thus reducing its capacity and increasing the likelihood of congestion in the parking lot. 2) Reducing the parking lot to fit within the setback will significantly decrease the amount of on-site parking, thus increasing the likelihood of congestion in the parking lot, and customers looking for parking in the adjacent parking lots. 3) The strict application of the terms of the zoning ordinance will result in practical difficulties that arise when motorists cannot safely identify their destination. The signs are designed with the overall intent of the zoning ordinance and in keeping with the intent to promote safety, convenience, and development in ways encourage growth. The community strives for signs to be proposed that are appropriate in design and aesthetic in nature. The application of the ordinance will make it difficult for persons traveling from the nearby interstate highway to locate Chick-fil-A in the absence of signage that is visible to oncoming motorists. The strict application of the law would restrict Chick-fil-A from being able to fully represent themselves to potential impulse driven patrons that are exiting from nearby roadways and adjacent properties as well as congested highways here. Additionally, the strict application of the zoning ordinance could create a hazard for the citizens of the city and a financial burden for the infrastructure of the community, when motorists cannot locate their destination- it tends to cause sudden stops. Lack of signage on will make it hard for drivers to locate this location when coming from both directions. The number of signs necessary are the result of multiple vantage points caused by entrances in an existing shopping center. The sign sizes proposed are the minimum necessary for this type of business to be visible and seen from all points of entry. 4) Signs help to prevent accidents by allowing potential patrons to identify their destination and prepare for turns when necessary while traveling at posted speeds. Not allowing the sign is unreasonable and will prevent for the full utilization of the property to its fullest potential. Legibility is an essential part of the function of a sign. The intent of the Sign Standards is to accomplish the goals of the City of Richmond Comprehensive Plan; to regulate time, place, and manner characteristics of signs; to avoid the unnecessary proliferation of signs; to provide businesses with appropriate Page 4 kimley-horn.com 500 East 96th St., Suite 300, Indianapolis, IN 46240 (317) 218-9560 identification; to create a consistent streetscape; to maintain and enhance the aesthetic environment of the City; to eliminate potential hazards to motorists and pedestrians resulting from sign location and clutter; and to promote the health, safety, and welfare of the residents of zoning jurisdiction of the City of Richmond. The setback of this sign is necessary for us to have a sign that is in keeping with the overall intent of the ordinance. 5) The dumpster would need to be located in a side yard while also being located away from the drive-through. This would mean placing the dumpster at the south end of the site, making it significantly less accessible from the building.