Plan Commission (PC)

ZIONSVILLE PLAN COMMISSION MEETING RESULTS Tuesday January 22, 2019 The meeting of the Zionsville Plan Commission was scheduled for Tuesday January 22, 2019, at 7:00 p.m. Zionsville Town Hall Room # 105 1100 West Oak Street. The following items were scheduled for consideration: Docket Address of Name Item to be Considered Number Project None at this time VI. New Business Docket Address of Name Item to be Considered Number Project Approved with Conditions 6 in Favor 0 Opposed 2018-52-DPA McDonalds 50 Brendon Way Petition for Development Plan Amendment to allow for internal and external remodeling in the Urban B-2 Zoning District VII: Other Matters to be considered Docket Address of Name Item to be Considered Number Project 2019 Ordinance Updates Respectfully Submitted: Wayne DeLong, AICP, CPM Director of Planning and Economic Development Town of Zionsville January 23, 2019 Zionsville Plan Commission January 22, 2019 In attendance: David Franz, Michael Rinebold, Sharon Walker, George Lewis, Josh Fedor. Absent is Larry Jones. Arriving late is Mary Grabianowski. Staff attending: Dan Taylor, attorney. A quorum is present. Franz All right. Call to order, what is it, January 22 meeting of the Plan Commission. Start with the Pledge of Allegiance please. All Pledge of Allegiance. Franz Would the Secretary please take roll? DeLong Yes. Mr. Franz? Franz Present. DeLong Ms. Grabianowski? DeLong Mr. Jones? DeLong Ms. Walker? Walker Present. DeLong Mr. Rinebold? Rinebold Present. DeLong Mr. Fedor? Fedor Present DeLong Mr. Lewis? Lewis Present. Franz We do have a quorum of five. Any matter that is voted on will need four votes to pass. If there is a vote of three to one, or three to two, it will be automatically continued to next month. With that, we need to deal with the election of the officers. Is there a nomination for President? Fedor I nominate Dave Franz. Rinebold Second. Franz Are there any other nominations? Being none, is there a vote. All in favor of Dave Franz President signify by aye. All Aye. Page 1 of 14 Zionsville Plan Commission January 22, 2019 Franz Opposed? [No response.] Franz Carries. Thank you very much. For the office of Vice President, is there a nomination? Rinebold Mr. President I nominate Counselor Josh Fedor. Franz Is there a second? Walker Second. Franz All in favor signify by aye. All Aye. Franz Opposed nay. [No response.] Franz Zero votes so carries. Josh, thank you. In addition we have the Secretary position. Is there a nomination for Secretary? Fedor I nominate Wayne DeLong. Franz Is there a second? Lewis Second. Franz All in favor, signify by aye. All Aye. Franz Opposed. [No response.] Franz Wayne, thank you very much. DeLong You’re welcome. Thank you. Franz In addition, we have to appoint a position to the BZA. I would appoint Larry Jones to that position again. He is not in attendance, but if there is, Wayne, would you please communicate that to him? DeLong I will share that with him. Franz All right. Thank you very much. In your packet, there was a set of notes from the December 17, 2018 Plan Commission meeting. Are there any comments, Page 2 of 14 Zionsville Plan Commission January 22, 2019 additions, deletions to those notes? Being, none, is there a motion to approve the notes? Walker I move that we approve the draft of the minutes. I added words, is that okay? As submitted. Franz All right. Is there a second? Lewis Second. Franz All in favor, signify by aye. All Aye. Franz Opposed by nay. Motion carries 5-0. Minutes are passed. So, new business is Docket # 2018-52-DPA, McDonalds, 50 Brendon Way. Petition for Development Plan Amendment to allow for internal and external remodeling in the Urban B2 Zoning District, within the B2 Zoning District. Is the petitioner present? Carmosino For the record, my name is Blair Carmosino, Carmosino Group, representing McDonalds USA LLC. Do you need address for anything further? Franz Address please. Carmosino Okay. My offices are located at 112 Westchester Boulevard, Noblesville, Indiana. Store is located at 50 Brendon Way, as noted previously. Franz Thank you. Carmosino If I may submit these to Wayne. Those are hard copies of all the affidavits and green cards received on the petition. Hopefully you received in your packets a brochure. I’m not going to go through this tab by tab, but I did bring with me tonight samples of the exterior brick we are planning, and hardiplank and the wall tile. I would like to take a moment, and by referencing the tab numbers, go through a couple key points. Tab #4, which shows the existing condition of the facility, which you’re probably all too familiar with having driving out the front door here. Tab #5 is where I want to focus. And, I included for your reference the black and white elevations as submitted. And, then all four sides are included. And, then, there was a little bit of confusion on the submitted elevations which show in the top right corner color dial options. At the time we were contemplating two different base colors. A taupe and a gray. As we look at the surrounding buildings, we were trying to decide which one better fit the character of the neighborhood. I guess our preference is the gray, and I will show you the sample of that. And, then, after our filing, I provided staff a gray scheme only to sort of clarify what the color scheme would look like as being gray only. So, that’s why you have so many elevations in your book, and I apologize for any confusion, but was not intended to have a taupe and a gray scheme, as one might think, in looking in the original submittals. So, I would draw your attention to the gray scheme only to represent what our desired color option is. I also wanted to draw your attention to Tab #6 where we tried to show some surrounding buildings that we feel best draw and complement this building. You’ll see the Page 3 of 14 Zionsville Plan Commission January 22, 2019 Walgreens there that has the taupe scheme and the brick application. Again, with the Starbucks, the brick and the taupe kind of color scheme. We reference the Town of all brick, in some of our earlier discussions in some of our early discussions with staff, they felt inducing brick on the building was very important. So we did our homework as best possible and tried to review some of the surrounding bricks, and hopefully this elected brick option that we have you will agree matches some of the surroundings. Now, there is some variations you’ll see tonight in some of the brick and the surrounding buildings, and so it is not all the same brick, and I will point some of that out to you. We also reference the St. Vincent’s building, because they have some architectural features we feel closely matches what we are proposing, the trellis, the brick, the hardiplank. And, then again, the retail center to the south, the Town Hall, again, the brick and the taupe. So, hopefully we did a good job in Tab #6 outlining that. Tab #7 shows the sign cut sheets, and this will be a simple replace the existing three signs allowed. Take down the three, put up three new ones. LED, probably more efficient, if they are not already. And, then, finding of facts, Tab #8, you’ll note that’s perforated. I’m not sure how your proceedings are, but you could tear that out and vote on that if that’s how your proceedings are. So, with that, I would like to approach with some of the staples, and I’ll start with the worst one. And, I apologize, they did not have smaller ones, so I will start it on this end, and it is a ton, and you guys can pass it down. While it’s being passed, I’ll talk a little bit about the brick. That brick is actually called Town Hall. And what you’ll notice in that - - Franz --I do want to let the record reflect that Commissioner Grabianowski is in attendance at this point. Carmosino I would like to supplement that sample with, and there is, I think, enough copies for everybody. Those are close-up pictures of Town Hall brick, and then the brick on the St. Vincent’s building. And, what I want to point out with that is the Town Hall brick is a very consistent brick. You don’t see much variation in the bricks. On the St. Vincent’s building, you’ll notice there is some variations and color. Less homogeneous than what Town Hall has on it. Commercial brick tends to be more consistent in color, whereas residential you tend to get a bigger variation, even more so that what’s on the St. Vincent’s. The sample we chose, we felt sort of met that middle ground, and sort of blends with the buildings to the south and to the east of this, so we hope you find the same with that. Next samples I want to turn to are the wall tile, and I got to tell this story. There is not many McDonalds in this region that employ this, so you are getting a one-of-a- kind wall tile look, unlike some of the other ones, which is going to make it unique. But, we feel it’s a compliment to the area, pulls in a black, a darker color, to accent the building, and the brand wall, and then the second sample I have is the hardiplank gray. That will be our chosen color sample. They got to know, I will need those back, so hopefully staff doesn’t need those for their files, unless you want that big thing. DeLong We’ll take pictures to archive, front and back. Carmosino And, I guess at that point, I’ll be happy to answer any questions, or address any concerns you may have. We did do a material sample finish area calculation, and I do not know if that made it in the staff report, but we do have those Page 4 of 14 Zionsville Plan Commission January 22, 2019 percentages. I’m not going to bore you with the numbers. If you want to see those, I’ll be happy to pass those out as well. My intent is not to inundate you with a ton of material and samples at this point, but rather answer your questions. Grabianowski Well, I’d like the percentage numbers. Carmosino Okay. You’ll see we don’t comply with the 60%. I think it’s on the non-drive- thru side. That is predominantly because of the brick. So, the question we had was what’s more important, brick or meeting that requirement. We felt the brick induces, it’s a more of an architectural pleasing look, and having that other material on the building, as opposed to just keeping it all the majority of hardiplank. And, so, that’s how we have proposed it. Again, referring back to the gray scheme color in Tab #5 of your book. Franz When I am looking at the front elevation and the, I guess it would be the drive- thru elevation, is that just a, is that a printer issue with the texture versus the same material and the drive-thru elevation having no texture. I’m, you know - - Carmosino --Are you, if I may, Tab #5, on the gray scheme only? Franz Yes. Carmosino That is a drive-up application. Franz Okay. Carmosino That's ____ where you have ____ Franz And, then, but the other sides, some of the other sides, let me see. So, I was wondering. You've got ____other sides, and I’m not seeing the same texture finish. Am I missing something? Carmosino So wherever the callout E is. Could it be the ____ on the other sides? If you would flip through to the above. Franz Okay. It looks like an entirely different color. Carmosino It’s a different color because they are trying to play off the drive-thru window. Franz Okay. All right. Okay, thanks. If that completes your initial presentation for now, I mean, we’ll come back and there will probably be some questions. Is there any public comment on this matter at this point in time? If there is none, Wayne, do you have the report please? DeLong Thank you. This project is renovation of an existing McDonald's. As you well know, the project, I believe it was 2016, when they updated the paint scheme and some exterior improvements, including modification of the parking lot, drive- thru and exterior dining area. Certainly, staff is supportive of the current project. We are certainly appreciative of the color samples that helps add clarity to the conversation. Just the color printing and paper just simply doesn’t communicate and provide that information to you. Staff is certainly supportive of the palette as Page 5 of 14 Zionsville Plan Commission January 22, 2019 illustrated. The ordinance does not provide that flexibility where the Plan Commission, you know, selecting the percentages and mix. Certainly, Mr. Taylor can give further guidance. Unless I am missing something, which is possible. But with that, certainly, staff would encourage material mix that conforms with the percentages as articulated in the ordinance. The Plan Commission engineer provides that language and some suggestions. Certainly not here to exact or indicate how it shall be done, but certainly these are suggestions. But again, staff is supportive of the color palette that is illustrated and brought to you for discussion this evening, and I would be happy to answer any questions. Franz All right. Thank you, Wayne. At this point in time, is there questions, comments from the members of the Commission? Rinebold Mr. President, I have a question for the petitioner. Just a general question. I was interested in, is the Carmosino Group, are they the original owners? Carmosino No, I am not the owner. I am a consultant that assists McDonalds with zoning and entitlements. So, and John, the owner is here and maybe that question is better addressed to, if you would like him to answer that. Rinebold I’d be interested in how long they have owned the property. Franz You have to come up, and name, address please. Into the mic please. Leapes John Leapes, 10671 Winterwood in Carmel. I think the restaurant was built in, I want to say, 1993 or 1994. Somewhere in there. It’s that vintage. We bought the restaurant in 2014, November of 2014. Came to the city probably somewhere in March of 2015 and requested the color be changed to the gray color palette that it is now, and you guys were wonderful and accommodated that. So, I don’t think there is much differentiation of the gray color palate that we are looking for now. McDonald's is on a large push to kind of modernize and upgrade our facilities all around, so as much as we love the, you know, the charm of the building that it is today, I think that this is a nice representation of what McDonald's is looking for for the future. So, if we can come to some kind of, you know, middle ground and color palate and tone, I think it should be a good contributor to the city of Zionsville. Rinebold Thank you. Leapes Sure. Sure. Fedor A few months back, there was some renderings that went around and a few of us were asked about an opinion on it. I was looking forward to seeing something a little bit more similar to those renderings than this. Is there a reason why this direction versus what we were looking at before? Carmosino There absolutely is. Two of those renderings included probably more brick than what the building can do, and we don’t have a brick ledge ability on this one, being a reskin. And, those were submitted mistakenly. So, we didn’t find out until after the fact, and I got them back and said, okay, architects, they like this and they went, “Oh, I didn’t mean to include those.” So, and that’s quite frankly Page 6 of 14 Zionsville Plan Commission January 22, 2019 where the brick discussion came up. You know, because I think the other two you saw had hardly any brick on it. So, it’s like, okay, how can we renovate this and get the brick to where it needs to be. Obviously not an entire brick building, but, and still have some of the elements of the other elevation. Fedor I’m just curious. Carmosino If I may, I again reiterate the time we spent trying to come up with something that was compatible with the existing buildings, and not making it a calico building, if you will. Keeping the McDonald's branding to it, keeping the brick in it and refer back to what is that tab, Tab #7 I think it is. It has the surrounding buildings. Some of the design elements that were replicated in here, material- wise, with the hardiplank, it’s not an example we felt was the St. Vincent’s building that used the trellis similar to ours, the hardiplank and the brick. Our opinion, it’s a good fit with the surrounding buildings and draws off of all of those. Fedor And, you’re maintaining the outdoor dining area that you currently have out there? Carmosino Yes. Franz I think the samples provided do help quite a bit in understanding exactly the finishes. I think the issue we have got here is that, you know, it’s not within our power to say you can have a 37, 30, 23 %, you know, finish on the exteriors. I mean, that’s something that would have to be handled through the BZA, is my understanding. So, I mean, we can’t approve this as is. I mean, could we do conditional approval subject to them getting to a 60%, you know, exterior component? Taylor Yes, well you may, I mean, you can approve it subject to their meeting the 60% requirement, or getting a variance from the BZA. They couldn’t pull any permits until they had either one. So, and I mean, I think they’ve got a good argument that, hey, this is better, and thinking to convince the BZA of that and they get their variance and then they could pull their permits. If the BZA denied that, then they would have to alter their design in order to meet the 60%, and then they can pull the permits. That’s how that would work. It’s in the section that talks about these architectural standards. It’s very clear, it says that the primary building material shall one of the following, and shall constitute a minimum of 60%. That’s an architectural standard, and the law says you guys as the Plan Commission aren’t allowed to grant deviations from that because it’s an architectural standard. If the requirement comes from, if it’s more of a subdivision control sort of feature, and it says you can grant waivers, you can grant waivers. But this is an architectural feature, so the owner would just have to make that choice. Whether he was going to alter his design or try to get a BZA variance of that standard. Franz So, if we would approve this subject to either BZA or getting the 60%, if he got the BZA, if they got the BZA approval, then they wouldn’t have to come back to the Plan Commission, correct? Page 7 of 14 Zionsville Plan Commission January 22, 2019 Taylor That’s correct. And, that’s why a conditional approval like that is often the best thing for everybody. It cuts out a step. Franz Okay. I mean, obviously you’ve had discussions with Wayne regarding this 60%. Carmosino If I may? Franz Sure. Carmosino Procedurally I did not know how, if Planning Commission could overrule that or not. But, that’s obviously made clear now. So, if I understood what you said, is we could get a conditional approval tonight, and then go to a BZA hearing next month, and hope for approval, at which point we would have all the approvals necessary and not have to return to Plan Commission. Taylor Correct. Carmosino Okay. Franz When is the next BZA meeting, Wayne? DeLong I don’t have the date off-hand. I know the deadline to file has passed. That’s an internal deadline. A petition could still meet notice requirements to appear on the February BZA agenda. Pull up the calendar here. Carmosino If I may continue. Understanding that may have been the hiccup tonight, we commissioned another version. And, If I may pass these out. This has two wall elevations, not the four. You will see on that example that the materials that are eliminated are the ethos and the corrugated metal parapet. So if procedurally it is easier and it makes more sense to rule on this one, which would be a compliant one, and by the way, these are the changed percentages. Same calculation sheets with lines where they change. That illustrates it brings it in compliance. If rules allow such, and Planning Commission is agreeable to it, we would commit to meeting the standards to those quantities estimated in that one, and that gives you an elevation showing what it would look like meeting those standards. Franz Okay. Fedor And, these are, in the most current one you just gave us, is not the gray that you intend on going. Carmosino No, it’s gray. It would be gray. Fedor It says taupe right here. Carmosino It does because the architect did not take that off. So, we would commit to a gray, estimated, as presented. My apologies for that mistake as well. I’ve got two. Do I get thrown out at three? So, I don’t know Mr. Taylor, if that’s an option if we can rule on that, or whether you want us to go through the other one first. You have that as a backup. Page 8 of 14 Zionsville Plan Commission January 22, 2019 Franz Since these materials were not part of the public filing, it would still be a conditional approval, correct? Subject to, or no, this one. So, if they changed it on the fly, it’s fine? DeLong Yes. It’s part of your public hearing process. The materials were, I mean, a different mix of the materials. Franz Gotcha. Taylor So, it would be a straight approval, if it is compliant, they you could make the approval. They would still be free to ask for a variance if they wish to, but they would not have a conditional approval. I appreciate you’re doing this. Carmosino Well, again, it was a procedural matter. Wayne had mentioned it. I thought, well, I didn’t know what the authority Plan Commission had to mess with the material. Franz All right. You have any thoughts, Wayne? DeLong No, this is a good way to move the petition forward and wrap things up this evening. Franz All right. Does anybody else have any questions, comments? Fedor The elevation shows a door, back door, entry there. The one we are looking at was painted to match the adjoining color of the building, or materials, under Subject D. It said ‘painting to match color of surrounding materials’ has now been changed to ‘paint to match building base color’. Is there a reason why they changed it from a red door to the gray door? Carmosino This is on the example I just passed out? Fedor Yes. Carmosino I’ll change that door to whatever color you like. Fedor Okay. Carmosino There is no McDonald's standards that would dictate that door has to be X, Y or Z, so it can be any color. If you want it to match the siding color, fine. If you want us to try to best match the brick, which I think would be a more of a challenge. Fedor I just noticed it. I don’t have an opinion either way, I guess. I just noticed a difference there. Franz And, that’s the southern exposure, which is not visible to the street very well. Carmosino Yes. The drive-thru side would be the southern exposure. The non-drive-thru is a northern exposure. Fedor We’re looking at the non-exposure here. Page 9 of 14 Zionsville Plan Commission January 22, 2019 Carmosino Correct. Is what you pointed to? Franz Are you looking at the drive-thru or the non-drive-thru? Fedor I’m looking at the northern exposure. Franz Yes, my mistake. Right. Me personally, I don’t care. Fedor I like the gray. Since I brought it up, I like the gray. Franz So, you want it matching? Fedor Yes. I think it would match the - - Carmosino --The siding color. Fedor The siding color. Correct. Not the brick color. Franz Okay. So, as drawn. Fedor As drawn, correct. Franz All right. Any other comments, questions? All right, with that, is there a motion? Rinebold Mr. President, I move that Docket # 2018-52-DPA, to allow internal and external remodeling of a commercial restaurant in the Urban B2 zoning district be approved based on the second of the drawings provided tonight to the Commission, staff report, staff recommendation, and submitted findings of fact as presented, in addition to the testimony heard tonight. Franz Is there a second? Grabianowski Second. Franz All in favor, signify by aye. All Aye. Franz Opposed by nay. [No response.] Franz Motion carries 5-0. Carmosino Thank you for your time. Franz Oh, 6-0. We do have the 6th person in attendance. So, thank you very much. Carmosino Thank you. Page 10 of 14 Zionsville Plan Commission January 22, 2019 Franz The next item on the agenda is other matters being discussed is 2019 ordinance updates. Wayne, would you like to give a brief on that please? DeLong Certainly. This is staff’s look request to start the dialogue this evening. This is something you entertained last month. This is an effort to undertake as often as we need to. I think it’s been about 18 months since we have done our last ordinance update. As any ordinance is a living document, certainly the technology has changed. Thoughts, procedures, outlooks change. Certainly this is the start of that process, or at least staff looking to its Plan Commission to see if you would like to begin thinking about that. Statutorily, the zoning ordinance can only be amended by your Town Council, who asks of you to make an amendment, or the Plan Commission articulates those amendments and sends those to the Town Council for their consideration. So, this is just our marker on the agenda to have that, sort of begin that though process. Certainly we are not here this evening to conduct any public hearing, on that particular matter, and certainly we are not here to articulate every single ordinance change that I have in my head, or written down in my office here at Town Hall, but I do have some ideas, some things that have come across our plate, your plate, as staff and certainly as the Plan Commission that could use some additional, at least, dialogue to talk about some changes or potential changes. In reaction to that, Mr. Talsley, who is here this evening, did provide a letter to you, an email to me, and I provided that email in full, as well as the attachment that was contained in that email for additional consideration. I am assuming to add to that overall dialogue as it moves forward. Franz Okay. Any public comment? Tousley My name is John Tousley. I live at 305 West Pine Street here in Zionsville. I’ve been a Zionsville resident since 1978. Also an attorney, did a fair amount of zoning law from 1976 to about the year 2000 when I decided to change my practice, and I have noticed that the provisions concerning notice and neighbors is far different from what I had been used to. We have a very short notice period, 10 days in Marion County. And, it’s not to say that Marion County is the be all, end all. Although, interestingly enough, when I looked up Carmel, their notice provisions are actually longer than ours, and they give notice to the same people that Marion County does. So, again, whether or not a be all, end all, one has to, one could at least say in Carmel and in Marion County that if you’re a neighbor, that your chances of getting notice are increased as a result in what we have here. One thing I have recommended is that, and I believe for a very short period of time, this was actually done, back when I was President of the VRA, staff did send us notice of anything that happened in the Village, and so we could participate. I think that’s for the best. Back when I was doing more zoning, I think I was almost an honorary member of the Pike Township Resident’s Association. Because, I knew if I did zoning that there was no way I’d get a final hearing until I went in front of the Pike Township Resident’s Association. Dorothy Miller was President then. And, I think while most of my clients would rather have avoided it, it actually worked out pretty well. I always found that we got good input, and even if we did not like the ideas we heard, we oftentimes did, and we incorporated them and it made a better development. But, again, if we didn’t, I felt like I was educated, as the petition’s attorney, and I could address whatever concerns they have when I went in front of the Commission or the Page 11 of 14 Zionsville Plan Commission January 22, 2019 Board of Zoning Appeals. In addition, I could talk to staff and let them know what we were thinking about it. I think this also goes to transparency and participation for those people who were affected. So, I think giving notice to the HOAs. But again, going back to that former time, I recall, and it was a short period of time, I guess, being contacted by staff, being asked to give an official map of what we covered, how to contact us. And, I think that lasted for a year or two, and then it kind of dropped by the wayside. So, I’d like to see that come back. I’d also like to see the email be used. Back when I was doing zoning, when I started out, I was using IBM Selectric, and now I have email, and it’s a lot better than the IBM Selectric, although my typing has improved. But, I’d like to see email being used to the extent you have a HOA. It’s registered. It has a map that shows where they are. Send the notice out. I’d like to request that notice be given at least 23 days prior to the hearing, instead of 10 days. Again, this is something that is in Marion County for a long time, and also in Carmel. And, it may also be in the other places, I did not have time to look up Fishers or any of the other jurisdictions, but I suspect they are probably fairly consistent. The reason that I ask that is I have seen personally, and in some of the stuff, and some of the zoning that has gone in the Village that 10 days, depending on where you’re sending your notices from, is, if you time it right, you know, you can just about give no notice, or give very, or people don’t have time to react. If you’re an Indianapolis attorney, you can take three or four days to reach. If it arrives when people are working, they leave the green card and you know, people get green cards and they think, oh my God, the IRS is after me. And, so for that reason, or some other, they don’t get down to the Post Office to pick up the green card, and so by the time all is said and done, all is said and done. Twenty-three days would, I think, help in that regard. I ask that you consider giving notice to property owners to property depths for 660 feet, whichever is less. It’s been my experience that sometimes neighbors aren’t around, and the person who lives next door to the person who is next door to the property is oftentimes equally affected with the persons immediately adjacent. I would like to see a notice sign. Back when I was doing more zoning, we had a notice sign that was kind of like the signs you see in Zionsville when you can’t park on that side of the street. We see them a lot in the Village. You know, during the various festivals and activities, don’t park on this side of the street. I think those are good ideas. I think, I can remember many times going out and posting those. They are about the same size, and all it basically says is there is notice. They are pre-printed and all they do is then they take a large marker and they put in the petition number, and they say there is going to be a hearing on whatever date, and they put in that date. And, so to the extent that somebody didn’t get notice, they drive down the street and they see it and they feel they are affected, and then they have notice. So, I think that’s a good idea. And, again, consistent with other jurisdictions. The last point I would make, and this is not really an ordinance. It’s more or less a suggestion of a suggestion. And, that is that it be suggested to staff that to the extent possible that petitioners be advised to meet with and try to work with both the neighbors and also any HOAs that happen to be in the vicinity. Again, going back to my youth, my first step when I was finally petitioned, was to go in and sit down and talk to the staff. I figure if I had the staff, I had about a 50/50 shot on Page 12 of 14 Zionsville Plan Commission January 22, 2019 most petitions. And, I knew that if there was a HOA, like Pike Township, or some other HOA, that my next step was to attend their next meeting. And, if I could get them both online, it was clear. But if I couldn’t get the HOA to go with me, then I could at least meet with staff and explain reasons for it and try to take care of whatever damage might be done at the public hearing. In addition, I was just simply better prepared for that public hearing, which goes to an issue of trying to use your time efficiently, and I think this will be of some help. So, that is pretty much in summary. And, I’ve got to say this, it’s a nice meeting room. Last time I was in front of you, I don’t know if I missed the echo or not. Franz And, we might see you again. All right. Well, thank you very much. Talsley Thank you. Franz Those will be taken into consideration. So, Wayne, I guess the plan is for you to go ahead and undertake evaluation of ordinances that changed and make recommendations and is that something you want to report back on next meeting, or how do you want to approach that? DeLong Well, I think we should definitely visit with that next meeting. I’m certainly noting that Mr. Jones is not here. He is aware of this dialogue. He participated in the dialogue last month, so certainly, staff as we develop our list, that might take a few months for all the contribution from the various groups. And, certainly, Mr. Tousley’s comments like you indicated would be taken into consideration as you look at all this, but I do want to note the one item that you didn’t mention which is the non-ordinance item. Certainly in my nearing 25 years of doing this type of work, the staff here and in, I would say, any jurisdiction that I have worked in, has routinely and consistently advised petitioners to contact both registered neighborhood organizations and any neighborhood organization that we know. We have even provided emails and methods and means for folks to communicate. Certainly, these petitions, there are filings where staff is here to assist all parties, both petitioners and remonstrators and interested parties who haven’t selected a concern, if you will. But, certainly, that’s definitely always a part of the dialogue and something of public discussion, something we always have and will and consistently always do. Franz I agree. Any other comments on this one? Grabianowski I like the sign idea. I was used to seeing that with the Boone Area Plan Commission, and I like that idea. I don’t know what that costs to do, or, you know, whatever. DeLong It would be nominal. In fact, we were discussing that in budget session last year, preparing for moving forward with signs. Grabianowski That I really like. That’s a real asset, I think. Franz So, the process would be to get all the recommendations and approve which ones we want to send forward to the Town Council for either adoption, amendment into the ordinances. So, I guess that is something that is probably going to take a couple months. Page 13 of 14 Zionsville Plan Commission January 22, 2019 DeLong Certainly. Franz All right. Appreciate that. Is there anything else? If not, is there a motion to adjourn? Fedor So moved. Franz Second? Grabianowski Second. Franz Adjourned. Page 14 of 14 Petition Number: 2018-52-DPA Subject Site Address: 50 Brendon Way Owner/Petitioner: McDonald’s USA, LLC Representative: Blair Carmosino Request: Petition for Development Plan Amendment to allow for internal and external remodeling in the Urban B-2 Zoning District Current Zoning: Urban (B-2) General Business Zoning District Current Land Use: Commercial/Restaurant Approximate Acreage: 1.01 Acres Related Petitions: 2016-55-DPA - (Approved) 2014-20-DPA - (Approved) 2004-11-DPA - (Approved) 1993-39 Improvement Location Permit Approval 1993-38 Amendment to Secondary Plat Exhibits: Exhibit 1 – Staff Report Exhibit 2 – Aerial Location Map Exhibit 3 – Conceptual Elevations Plan (Includes a grey or beige façade color option) Exhibit 4 – Site Plan Exhibit 5 – Sign Graphic Detail Exhibit 6 – Petitioners Statement of Purpose Exhibit 7 – Engineering Comment letter with exhibits (dated January 9, 2019) Exhibit 8 – Findings of Fact Staff Presenter: Wayne DeLong, AICP, CPM Zionsville Plan Commission Page 1 of 4 Exhibit 1 January 22, 2019 Petition #2018-52-DPA PETITION HISTORY This Development Plan Amendment petition will receive a public hearing at the January 22, 2019 Plan Commission meeting. This Petition for Development Plan Amendment anticipates extensive interior and exterior remodeling. The footprint of the building will not increase. PROPERTY HISTORY The parcel has been improved with the current restaurant since 1993. In June of 2004, the Petitioner sought and secured approval to improve the property with new exterior paint, install a new metal roof, and install a canopy over the existing drive thru component (canopy was not approved). At the October 20, 2014 meeting, the Petitioner sought approval to change the exterior color of the structure. In November of 2016, the Petitioner sought to provide the addition of one (1) drive thru order point, and to modify the parking area by increasing the paved surface. ANALYSIS As proposed, the Commercial Structure/Restaurant located on this 1.01 acre site would be internally and externally remodeled as illustrated in Exhibit 3 and Exhibit 4. Additionally, these exhibits offer either a grey (which is the Petitioners preference), or beige facade color scheme. DEVELOPMENT PLAN REVIEW Zoning Ordinance The development plan has been reviewed using the standards of the Zionsville Zoning Ordinance (Ordinance) and found to be in compliance except as noted in this Report (see Exhibit 7) and expanded upon in a future section of this Report. Staff comments were provided to the Petitioner. The Petitioner will continue to refine and provide information to the Town Engineer, and Staff believes the outstanding items can be resolved in a timely manner (and prior to the issuance of an Improvement Location Permit associated with the project). Architecture The proposed improvements utilize a new material palette, with the Petioner’s intent to be compatible with nearby buildings in the surrounding area (conceptual elevations attached to this report). Staff, while supportable of the new material scheme, has reservations regarding the color scheme and is hopeful that material samples presented at the forthcoming public hearing (as per Tab 5 in the Petitioner’s spiral bound materials) resolves Staff’s concerns (in particular, the “Brown Blend Brick” and its coloration / utilization within the overall proposed scheme). Additionally, the Petitioner is required to adjust the percentages and material allotments assigned to the Front Elevation and Non-Drive Thru Elevation as to allow each facade to conform to the minimum standards of the Ordinance respective to use of a “primary material”. Exhibit 7 to this Report provides one (1) suggestion on potential changes to the proposal that would facilitate compliance with the “primary material” requirement. Zionsville Plan Commission Page 2 of 4 Exhibit 1 January 22, 2019 Petition #2018-52-DPA Utility Access Adequate access to utilities is available to facilitate the project. No issues are known at this time. Streets & Vehicular Circulation The existing drive cuts will be utilized. No modifications are required, contemplated or proposed. Parking No modifications to parking requirements are required, contemplated or proposed. Landscaping No modifications to existing landscaping are required, contemplated or proposed. Lighting Any contemplated site lighting is required to adhere to Town ordinances. Signage Proposed exterior signage will replace existing sigs (see Exhibit 5). Any new signage will adhere to Town ordinances. FINDINGS The Plan Commission shall hear, and approve or deny, Development Plans based on Findings of the Building Commissioner or Plan Commission. Per Section 194.127 of the Ordinance the Plan Commission finds: 1. The Development Plan is compatible with surrounding land uses because: 2. The Development Plan does demonstrate availability and coordination of water, sanitary sewers, storm water drainage, and other utilities because: 3. The Development Plan does demonstrate the management of traffic in a manner that creates conditions favorable to health, safety, convenience and the harmonious development of the community because: 4. The Development Plan does utilize building materials and building style compatible with the Zionsville theme because: 5. The Development Plan does provide for the calculation of storm water runoff because: Zionsville Plan Commission Page 3 of 4 Exhibit 1 January 22, 2019 Petition #2018-52-DPA 6. The Development Plan does provide for current and future right-of-way dedications because: 7. The Development Plan does provide for building setback lines, coverage, and separation; vehicle and pedestrian circulation; parking; landscaping; recreation area or green space; outdoor lighting because: The petitioner has prepared findings which are a part of the packet for Plan Commission review. STAFF RECOMMENDATIONS Subsequent to a forthcoming review of the color samples which is to occur at the January 22, 2019 meeting, and 1) concurrence that the selected brick color is complimentary to the built environment, and 2) that conformance with the Town’s “primary material” requirement is achieved, Staff will be in support of the concept of an external renovation of the restaurant facility. Dependent on any final dialog which occurs at the January 22, 2019 meeting from the Town Engineer related to finalizing exterior facade plans, Staff anticipates being in a position to facilitate the issuance of Improvement Location Permit that is in substantial compliance with the Plan Commission approved elevations. RECOMMENDED MOTIONS I move that Docket # 2018-52-DPA to allow internal and external remodeling of a Commercial/Restaurant in the Urban B-2 Zoning District be (Approved based the findings in the staff report, staff recommendation, and submitted findings of fact / Denied/ Continued) as presented. Zionsville Plan Commission Page 4 of 4 Exhibit 1 January 22, 2019 Petition #2018-52-DPA