Plan Commission (PC)

Zionsville Plan Commission September 16, 2013 Call to Order Pledge of Allegiance In attendance: Wayne Haynes, Larry Jones, Larry Mitchell, and Allan Rachles. David Franz, Kevin Schiferl, and Jay Parks all have excused absence. Roll was taken. A quorum is present. Staff Attending: Wayne DeLong, Carol Sparks Drake Attorney. Rachles Calling to order the September 16, 2013 meeting of the Zionsville Plan Commission. Rachles Mr. DeLong if you could call the roll? DeLong Yes sir. Mr. Franz? DeLong Mr. Haynes? Haynes Yes, present. DeLong Mr. Jones? Jones Present. DeLong Mr. Mitchell? Mitchell Present. DeLong Mr. Parks? DeLong Mr. Rachles? Rachles Present. DeLong Mr. Schiferl? Rachles Mr. Schiferl and Mr. Franz and Mr. Parks all have excused absences, but we do have a quorum. We will now have, I’d like to entertain the motion for approval of the August 19, 2013 meeting minutes unless there are some corrections or omissions or additions to be made. If not, if somebody would tender a motion and we could dispose of that. Haynes So moved. Mitchell Second. Rachles All those in favor, aye? All Aye. Zionsville Planning Commission September 16, 2013 Page 2 of 6 Rachles Opposed no. The minutes of the August Plan Commission are approved. We have several continuances tonight, which might tend to make this a short meeting. Docket #2013-14-DP Quail Run. Petitioners requested that that be continued to the October 21, 2013 meeting. Docket #2013-15-MP S. Stum, a petition for minor plat approval requested to be continued to the October 21, 2013 meeting. And Witham Hospital petition for zone map change, they have requested that that petition be dismissed and so we need to have a motion to dismiss that. What that means is that they will be unable to re-file for a year although they can request a waiver of that. We do not know what their intentions are, but I’ll accept a motion to dismiss that docket number. Mitchell So moved. Rachles Second? Haynes Second. Rachles All those in favor, aye? All Aye. Rachles Opposed no. That motion carries and Witham Hospital is dismissed. So that now leaves us with Docket #2013-16-DPA, Baptist Homes of Indiana, 9875 Cherryleaf Drive. And this is a petition for Development Plan Amendment to install an enclosed pedestrian corridor between the dining hall and the chapel, so would a representative for Baptist Homes approach us? Give us your name and address and proceed with your presentation. Datillo Good evening my name is John Datillo and I am with BHI. We’re the parent company for Hoosier Village. The petition that we bring before you this evening is essentially the addition of a new connecting corridor, a 2,800-square foot connecting corridor between one of our existing buildings, Deer Crest that is an independent living facility with about 71 units. That connecting corridor will extend to a building that we just completed construction on. That building is called Hawthorne Hall. It is a 100-unit licensed residential facility with an attached new dining center. The purpose of the connecting corridor is simply to allow residents who live in either one of those facilities to be able to access other amenities or services while under roof. The new addition will not require any new parking. It will not be housing any new residents at this time. There is a future phase of construction that we will introduce to this group at a future time. If you look at the materials we provided you can see that the new construction of the connecting corridor will extend the length of an existing building that we refer to as the RB building or residential building. Upon completion of that connecting corridor that residential building will be demolished as a part of that future phase. May I answer any questions? Rachles Staff Report. Zionsville Planning Commission September 16, 2013 Page 3 of 6 DeLong Thank you. The Staff is supportive of the petition as filed. It’s an interior addition within the 300 acre campus. Again, Staff is recommending approval as filed. The one item I would note is as of this hearing the Staff has not completed its review of the drainage plans. I believe the drainage plans came in about a week ago. I’m not aware of any issues that are pending or haunting this project if you will, so what we would ask is we just have the ability to review the drainage and tie any conditions and work those out through the permit for the building. Rachles Would that be appropriate to make that part of the motion? DeLong Yes. Rachles Any questions by members of the public concerning this petition? Any questions by members of the Commission? Hearing none, I’ll ask for a motion. Mitchell I move that Docket 2013-16-DPA, Development Plan Amendment approval for site improvements associated with 9875 Cherryleaf Drive be approved with the conditions noted in the Staff Report based upon the petitioner’s findings as presented. Rachles Is there a second? Haynes Second. Rachles Any discussion. All those in favor, aye? All Aye. Rachles Opposed none. That plan is approved. Thank you. Datillo Thank you very much. Rachles We have one other item left on the docket and that’s 2013-20-0A, Town of Zionsville, 1100 West Oak Street. This is a petition for an ordinance amendment to consider amendments to the Town of Zionsville zoning ordinance, Article 9, development review process. Wayne, will you give us the background on this? DeLong Certainly. This change to the ordinance is driven primarily to assist the department in its funding of a new position with a compliance inspector that the Town is in need of with a Staff of four and now five individuals with 810 building permits being issued last year and the numbers are increasing. Staff looks to amend its development plan approval process to adjust its fees. In looking at our fees we did two levels of analysis. First, an analysis of our internal workings and what it takes to intake a permit, review the permit, inspect the building, and we average that out. We came out with a certain proforma if you will and then compared the fees based upon six different scenarios for six different types of building activities and compared those to six different jurisdictions and you have that handout for you this evening which is the Zionsville Planning Commission September 16, 2013 Page 4 of 6 comparison of the six different jurisdictions. We certainly do not view ourselves as trying to charge more or charge less than any particular jurisdiction. These fees are based upon what the Town of Zionsville needs to conduct its business. With that said the ordinance is in front of you this evening. I do want to provide, as I alluded to earlier, a version of this ordinance that actually puts the fee schedule in table format. It’s just a bit more user friendly than the graphic word- for-word format that exists today. Rachles I’ll ask if there are any comments by any members of the public concerning this Article 9 amendment? Are there any members of the Commission that have any comments about this? Jones I just had one as I was reading through it. Just for the sake of, you know, as homeowners go through this I’d like to see just a little bit tighter definition of square footage for the residents. If we’re going to cover first floor, second floor, garage space you know that’s fine. Just I’d actually like to see it detailed out, so I think we’re pretty clear as we define the commercial space and land, etc., but it just seems like that was just a little broad. Rachles I’ll ask our counsel as to the best way to do this. Drake I would defer to Wayne for the exact language and where he believes it should be inserted, but as long as we’re clear the revised language and incorporate that into on the ordinance that can be part of your recommendation to the Town Council. Rachles Wayne? DeLong Thank you. My first reaction to that is certainly very good to have that type of clarification in there. Ultimately we can incorporate that definition into Chapter 11, Article 11 which is the definitions chapter, but certainly a secondary place to put it, and it’ll be the primary place to put it right now, would be in the actual schedule of fees. We have a notation, no IOP is required and no fees are charged for fences. This very same type of notation we could also make one somewhere on this initial page defining square foot. Square footage for our purposes is the gross square footage at or above grade, so if we have a single story home with an attached garage it’s the square footage, gross square footage of the home plus the garage. If it’s a two-story home then it’s the garage, the first story of the home and the second story of the home. And if that’s an acceptable definition we can work on that language and incorporate that in as a footer if you will on one of these pages. Jones Yeah, that’d be fine. Rachles Do we need to do anything formally tonight? DeLong This ordinance is an ordinance amendment. It would need to be heard and a motion made to approve it, deny or continue it for discussion and this ordinance would ultimately be heard by the Town Council and if approved this evening by Zionsville Planning Commission September 16, 2013 Page 5 of 6 the Plan Commission we would forward it to the Town Council for incorporation into the code and that hearing would be October 7. Mitchell Question for counsel. Are we approving it here tonight or are we just forwarding it to the Town Council with our favorable recommendation? Drake You are forwarding it with a recommendation. Mitchell All right, thank you. I’d like to make a motion that we forward the revisions to Article 9, development review procedures to the Town Council with a favorable recommendation. Jones Second. Drake I would recommend that it be clear where Wayne is inserting the amendment into this text and what that amendment is before that’s finally approved. Mitchell I would amend my motion to include the definition of square footage be included in Article? DeLong We will add it to Article 9. Mitchell End of the foot noting in Article 9. Rachles Is there a second to this? Jones Second. Rachles Can we attempt to read this motion? Drake My understanding is that the motion is to recommend approval of the development review procedures for Article 9 as proposed by Mr. DeLong and that a definition of square footage which is gross square footage at or above grade be inserted in, exactly where, Wayne? DeLong It would be a footnote in Article 9. Drake Okay. Rachles Is there a second? Jones Second. Rachles All those in favor, aye? All Aye. Zionsville Planning Commission September 16, 2013 Page 6 of 6 Rachles Opposed none. That motion is carried and sent to the Town Council for approval subject to our amendment. If there are no other items at this time I have one discussion before adjourn and as you know at the last meeting we appointed a committee of three to enter into the court-appointed mediations of Wal-Mart. That committee’s been appointed and there has been some activity between our special counsel and our counsel and members of the Committee. It appears that that meeting will take place sometime in November. I want to put members of the Commission on notice that prior to that meeting mediation date I will be calling an executive committee session of all of the members of the Plan Commission so that we can appropriately give instructions for the mediation committee as to what our desires are with respect to any mediation agreement if at all with Wal-Mart, so just to let you know that we may have another hour and a half meeting some evening, so that we can make sure that our committee has good instructions from us. If there are no other pieces of business I’ll entertain a motion for adjournment. Mitchell So moved. Jones Second. Rachles All those in favor aye? All Aye. Rachles The meeting is adjourned. Thank you all for coming and making sure we had a quorum tonight.