Plan Commission (PC)

Zionsville Planning Commission April 16, 2013 Call to Order Pledge of Allegiance In attendance: David Franz, Wayne Haynes, Larry Jones, and Allan Rachles. Staff Attending: Ed Mitro, Carol Sparks Drake, attorney Roll was taken. A quorum is present. Rachles In your packet you have the minutes of the March 18 meeting. Are there any additions or corrections to the minutes? All right I’ll entertain a motion to approve the minutes of the March 18 meeting. Haynes So moved. Rachles Second? Franz Second. Rachles All in favor aye? All Aye. Rachles Opposed, none. The motion is carried. The March 18 minutes are approved. In your packet you should have had a letter for us to approve for representation by Carol Sparks Drake to continue as our attorney. The law firm which Carol was associated decided to close its office in Zionsville and Carol is continuing on in the practice of law in Zionsville and most everyone has expressed the desire to have her continue even as a sole practitioner as the attorney representing the BZA and the Plan Commission. The BZA has already approved and signed off on her contract, which I hope you’ve had a chance to read. Are there any comments concerning this issue? Is there a motion to approve the contract for Carol Sparks Drake to continue as attorney for the Zionsville Plan Commission? Franz So moved. Rachles Is there a second? Haynes Second. Rachles All in favor aye? All Aye. Rachles Opposed no. The motion is carried and you are continuing as the sole practitioner. Drake Thank you very much. Rachles You’re welcome. Drake I appreciate working with you all. 1 Zionsville Planning Commission April 16, 2013 Page 2 of 5 Rachles And we appreciate your advice and counsel. Under new business we have Docket #2013-05-DP T. Kogan, 185 South Main Street. This is a petition for Development Plan approval in order to allow for a seasonal temporary accessory structure to house outside sales of seasonal produce as well as outdoor display of merchandise in a VBD Village Business District zoning district. Will the representative for Kogan please come forward? Tell us what you wish to have us approve. Kogan Everything that’s, I think that’s in this what you said. It’s a 240 square foot structure on a lot at 185 South Main Street with 24-1/2 square feet, I believe, of signage split between the south and the west. There’s no electricity, water, any kind of infrastructure changes to the lot and when the building’s removed at the end of the season the lot will be put back into mulch and flowers and plants that it is now. Rachles Do we have comments from the Staff? Mitro Thank you Mr. President. This was also the subject of a petition for a variance before the BZA last week at their April 9 meeting. The BZA did approve a variance to allow this particular use on the site. The variance was for a three- year period largely just to make sure everything works out over time. It will expire November 1, 2015. Prior to that time, of course, Mr. Kogan, if he desires, can come in to have that extended. Staff has worked very closely with Mr. Kogan. As he said, this is a seasonal retail use. There is a waiver of building materials that has also been requested. Staff finds that this particular petition does meet the findings as they have been brought forward and also are in the Staff Report that you received from Wayne DeLong and it is Staff’s recommendation of approval of not only the waiver of architectural standards, but also the development plan approval itself. Rachles Any comments by members of the public about this petition? Jones Just real quick. You’re going to take it down at the end of each season? Then, are you going to store it on site? Kogan No, no it’ll be stored off site. Rachles I think there was an issue raised about the color. Staff? Mitro Yes, in the recommended motion, we’re still discussing with Mr. Kogan final color designs. The color scheme that is noted would be a dark-colored building with a muted colored metal roof. It was suggested that Staff could administratively do the final approval and continue to work with Mr. Kogan to finalize those colors. Rachles I understand that you told the BZA you would not be competing on Saturday morning with the Farmer’s Market? Kogan Yes, sir. Rachles Is that correct? 2 Zionsville Planning Commission April 16, 2013 Page 3 of 5 Kogan Yes, sir. Rachles That’s not a problem with you? Kogan I don’t see it as a problem. I think we can all live in harmony. Yeah it’ll be fine. Rachles Personally, I didn’t see it as a problem, if you did. Kogan Yeah, I was going to say that was initially brought up and then somebody said, well, can you get in the Farmer’s Market and we couldn’t get in the Farmer’s Market because it was already booked and I think my brother is friends with a lot of people that are involved in it and he thought that was an idea not to offend anybody who works hard to do that, but I would be willing to bet, though, the moment that Farmer’s Market closes that afternoon we’ll open. Mitro And that’ll probably be 11:01. Rachles Let me see if I heard that right. Your brother did not want to offend anyone? Kogan Well, I think – Rachles I just wanted to make sure I heard. Kogan Yeah, yeah I apologize. That might’ve been stretching it. Rachles That was an attempt at humor. Jones Wait I want to make sure I understand this. The Farmer’s Market that operates on a parking lot that, does it actually pay anybody to use that site? Mitro No. Jones There is concern by the competition from the brick and mortar businesses from the Town of Zionsville and so they want to keep the brick and mortar businesses from competing with them? Mitro The Farmer’s Market has never said a word. Kogan No Farmer’s Market didn’t say a word. They’ve never had, we’ve never, no I had a conversation with the people that manage it when this whole idea came up – Mitro The BZA brought it up, Larry, not the Farmer’s Market. Jones All right, all right. Kogan You know if everybody got along and we could open up on Saturday mornings that’d be great, but I’m willing to sacrifice this first year and see how it works. I think we’re going to do well. I think it’s going to be fun. 3 Zionsville Planning Commission April 16, 2013 Page 4 of 5 Rachles Off the record, my guess is you wouldn't have had any opposition here if you stayed opened on Saturday mornings. Any other comments by members of the commission? Do we have a motion for this docket? Jones Well, we got to make a motion. Rachles If you don’t I guess I’m going to have to. Jones You make the motion. Drake I would recommend you do it in two motions. One for the waiver and one for the Development Plan. Rachles Which would you prefer we do first? Drake The waiver please. Haynes I move that the waiver of architectural standards be approved based upon the findings of the Staff Report. Jones I’ll second it. Rachles Any comment? All those in favor aye? All Aye. Rachles Opposed, none. That carries. Second motion? Haynes I move that Docket 2013-05-DP development plan approval associated with a 240 square foot building associated with the outdoor sale and display of merchandise subject to variance 2013-05-DSV, with a color scheme that consists of a dark-colored building with a muted color roof metal roof located at 185 South Main Street be approved based upon the findings in the Staff Report. Rachles A second. Jones Second. Rachles All in favor aye? All Aye. Rachles Opposed, none. That carries. Congratulations, good luck. I may be visiting it Saturday morning myself. Kogan Thank you very much for coming tonight. I think you’ll enjoy it. Or, you know, Monday. Monday morning would be good. Tuesday morning. Rachles I don’t believe we have any further business on our Agenda, so I want to entertain a motion for adjournment. 4 Zionsville Planning Commission April 16, 2013 Page 5 of 5 Haynes So moved. Rachles Second. Franz Second. Rachles All those in favor aye. Group Aye. Rachles Opposed no, the motion carries. I’d like to thank the members of the Commission for coming here for this very short meeting with adverse weather. I appreciate it very much. I’m sure the petitioner does too. 5