Plan Commission (PC)

ZIONSVILLE PLAN COMMISSION MEETING RESULTS Monday December 20, 2021 7:00 PM (Local Time) THIS PUBLIC MEETING WILL BE CONDUCTED ONSITE AND ELECTRONICALLY AS ALLOWED BY VARIOUS EXECUTIVE ORDERS OF THE GOVERNOR OF INDIANA AND GOVERNOR HOLCOMB’S EXERCISE OF HIS POWERS UNDER INDIANA’S EMERGENCY MANAGEMENT AND DISASTER LAW, IND. CODE IC5-14-1.5-3.5, et seq. ADDITIONAL INFORMATION REGARDING THE MEETING IS PROVIDED IN THE ANNEX PUBLISHED WITH THIS NOTICE. The following items are scheduled for consideration: I. Pledge of Allegiance II. Attendance: All 7 members appeared in person III. Approval of the November 15, 2021, and November 16, 2021, Plan Commission Meeting Minutes- Transcriptions of both meetings were approved IV. Continuance Requests Docket Address of Name Item to be Considered Number Project None at this Time V. Continued Business Docket Address of Name Item to be Considered Number Project Approved to Continue from the October 18, 2021, November 15, 2021, and December 20, 2021, Plan Commission meeting to the January 18, 2021, meeting with Notice 2021-53-MP A. Bristol 415 N. 1100 East 7 in Favor 0 Opposed Petition for Minor Plat Approval to establish a three-lot residential subdivision in the Rural (AG) Agricultural Zoning District December 21, 2021  VI. New Business Docket Petitioner/ Address of Item to be Considered Number Project Name Project Received a Favorable Recommendation to the Town Council 7 in Favor 0 Opposed Petition #2021-67-CPA, filed for the Town of Zionsville, a Comprehensive Plan Amendment to replace the previously adopted 2011 Impact Fee, which was a part of Ordinance No. 2011-14, and implement the proposed Recreation Impact Fees (pursuant to Indiana Code 36-7-4-1300) for the Town of Town of 1100 W. Oak 2021-67-CPA Zionsville, Boone County, Indiana. The proposed Recreation Zionsville Street Impact Fees applies to all of the Town of Zionsville. The proposed replacement of the existing Recreation Impact Fee would change the fee from $1221.00 to $2045.00 for New Single- Family Home (Detached), from $977.00 to $2045.00 for New Single-Family Home (Attached) and from $733.00 to $941.00 for Multi Family Home. The Recreation Impact Fee report compiles documentation of demonstrated capital improvements and includes forecasted schedule and appendices Approved with Waivers and Commitments 7 in Favor Pulte Homes of 8666 E. 400 0 Opposed 2021-61-PP Indiana, LLC/ South Petition for Primary Plat Approval request to establish 106 Devonshire residential lots with Waivers on 68.59 +/-acres in the (R2) Rural Residential Zoning District Approved as filed with Conditions, Exhibits, and per the Staff Report Pulte Homes of 7 in Favor 8666 E. 400 2021-62-DP Indiana, LLC/ South 0 Opposed Devonshire Petition for Development Plan approval to provide for the development of a 68.59 +/- acre site into 106 residential lots in the (R2) Rural Residential Zoning District Received a Conditional Approval Henke 7 in Favor Development 0 Opposed 2021-63-PP Group, LLC/ 3900 S. U.S. 421 Holliday Farms Petition for Primary Plat approval with waivers on 23.24 +/ Section 8 acres to provide for 28 residential lots in the (PUD) Planned Unit Development Zoning District Received a Conditional Approval 7 in Favor Henke 0 Opposed Development Petition for Development Plan approval to provide for the 2021-64-DP Group, LLC/ 3900 S. U.S. 421 Holliday Farms development of 23.24+/ acre site into 28 residential lots with Section 8 common areas for private roadways and dedicated public right-of-way in the (PUD) Planned Unit Development Zoning District December 21, 2021  VII. Other Matters to be considered Docket Address of Name Item to be Considered Number Project Mounts Run Regular Baptist Church – Entrance Improvements Please note that a quorum of the Zionsville Town Council may be in attendance at the meeting. Respectfully Submitted: Wayne DeLong, AICP, CPM Director of Community & Economic Development Town of Zionsville December 21, 2021 Zionsville Plan Commission December 20, 2021 In Attendance: David Franz, Josh Fedor, Mary Grabianowski, Larry Jones, Chris Lake, Cindy Madrick, Sharon Walker. Staff attending: Attorney Darren Chadd, Wayne DeLong, Janice Stevanovic, Roger Kilmer. A quorum is present. Franz Call to order the Zionsville Plan Commission meeting of Monday, December 20, 2021. Start by stating the Pledge of Allegiance, please. All Pledge of Allegiance. Franz Secretary, uh, Janice, are you taking roll? Stevanovic I can. Franz Thanks. Stevanovic Mr. Fedor? Fedor Present. Stevanovic Mrs. Walker? Walker Present. Stevanovic Mr. Franz? Franz Present. Stevanovic Mrs. Grabianowski? Grabianowski Present. Stevanovic Mr. Lake? Lake Present. Stevanovic Ms. Madrick? Madrick Present. Stevanovic Mr. Jones? Jones Present. Franz All members are present so a vote of 4 will be necessary for any matter to be passed or denied. In your packet was a set of, two sets of minutes, one from the November 15 regular meeting and the November 16 special meeting. Are there Page 1 of 16 Zionsville Plan Commission December 20, 2021 any comments, suggestions, changes to either sets of these minutes? If there are none, is there a motion to approve both sets of minutes? Grabianowski So moved. Franz Is there a second? Walker Second. Franz All in favor, signify by aye? All Aye. Franz Opposed by nay? Minutes are approved. I want to state publicly that we have received two letters of interest from Mr. Mervyn Cohen related to the Zionsville Gateway Area study which we approved or we recommended approval last month. So, just to get that on record. On to business matters. Docket #2021- 53-MP A. Bristol 415 North 1100 East, petition for minor plat approval to establish a three-lot residential subdivision in the rural AG Agricultural Zoning District. Andreoli First of all, thank you, Mr. President. Mike Andreoli, 1393 W. Oak Street. Merry Christmas and happy holidays to the Board and staff. We’re respectfully requesting a continuance of this. We received Board of Zoning Appeals approval subject to certain conditions. We had a meeting with staff to look at the conditions, the most notable of which is working with the Fire Department to make sure we comply with all of their requirements with regard to the road that would access the lots on this minor plat and we’re working through that at this point. In working with staff, we determined that we had to go ahead and add an additional waiver with regard to the notice itself. So, this comes before you with the request for continuance with the understanding that we are re-noticing this. So, it will not just be tabled to the next meeting. We will actually have a formal notice because we have to make a couple of changes, brief changes, to the notice itself to make sure that the notice is on all squares with your requirements. In addition to that, it will give us additional time to meet with the Fire Department and work through some of the road issues that we have to have and, given the holidays and everything, it’s just been very difficult to try to get all that together. So, we’re sorry we have to request a continuance again but at least we overcame one hurdle now and we’ve got some others to overcome and hopefully we will be in a position to come before you at the January meeting. Franz All right, thank you, Mr. Andreoli. Any comments, questions on this matter? If not, is there a motion to continue this matter to the January 17 or 18 meeting? 18 meeting with the condition that it’s re-noticed? Walker So moved. Franz Is there a second? Lake Second. Page 2 of 16 Zionsville Plan Commission December 20, 2021 Franz All in favor signify by aye? All Aye. Franz Opposed by nay? Motion carries. See you next month. On to New Business. #2021-67-CPA Town of Zionsville 1100 W. Oak Street, petition for #2021-67- CPA filed for the Town of Zionsville Comprehensive Plan Amendment to replace the previously adopted 2011 impact fee which was part of the ordinance #2011-14 and implement the proposed recreation impact fees pursuant to Indiana Code 36-7-4-1300 for the Town of Zionsville, Boone County, Indiana. The proposed recreation impact feel applies to all of the Town Zionsville. The proposed replacement of the existing recreation impact fee would change the fee from $1221 to $2045 for new single-family homes detached from 977 to 2045 for new single-family home attached and from 733 to 941 for multifamily homes. The recreation impact fee report compiles documentation of demonstrated capital improvements and includes forecasted schedule and appendices. Someone from the Town is taking care of this one? Oh, we got Jarod. Logsdon Jarod Logsdon, superintendent of Parks and Recreation here in Zionsville. So for the past year, the department has been working with Matt Eckerle and Baker Tilly, municipal advisors, to create an updated calculation for this report to be included in an update to the comprehensive plan. So, before you, hoping for a favorable recommendation to adopt this new calculation in fee for the recreation impact fee. We’re happy to answer any questions. Franz All right. Is there anybody in the public who would like to comment on this matter? Is there a staff report on this one, Wayne? DeLong Certainly, there’s a memo that we prepared for your review. Certainly, the Town of Zionsville has had this fee on the books for a number of years. Statutorily, this is a topic that needs to be revisited from time to time. It became for that activity which the Town has undertaken. The fee is being adjusted accordingly. Certainly, your financial advisor is here to speak to that in great detail if you so desire. But, certainly, this is a fairly common topic across Central Indiana and, again, Zionsville has had this fee on the books, I want to say, since 2011. Franz All right, with that, is there any questions, comments from any members of the Plan Commission. Grabianowski Well, kudos to the Parks Department for superb parks. Logsdon Thank you very much. DeLong I would note that tonight’s action as a comp plan amendment is something that you would formulate a recommendation to the Town Council for adoption, rejection or for no recommendation. Lake You want a motion? Franz If there’s no further comments or questions, then I would entertain a motion. Page 3 of 16 Zionsville Plan Commission December 20, 2021 Lake So, I would move that Plan Commission make a favorable recommendation to Town Council in regards to petition #2021-67-CPA Comprehensive Plan Amendment to replace the previously adopted 2011 impact fee which was part of Ordinance #2011-14. Franz Is there a second? Madrick Second. Franz Any further discussion? I guess, Janice, go ahead and take roll. Stevanovic Mr. Fedor? Fedor Aye. Stevanovic Mrs. Walker? Walker Aye. Stevanovic Mr. Franz? Franz Aye. Stevanovic Mrs. Grabianowski? Grabianowski Aye. Stevanovic Mr. Lake? Lake Aye. Stevanovic Ms. Madrick? Madrick Aye. Stevanovic Mr. Jones? Jones Aye. Franz Motion carries 7-0, forwarded to the Town Council. Logsdon Thank you very much. Franz Were you expecting something a little longer? Logsdon I was prepared for something a little longer. Franz We’ve had some long meetings. We want to get out of here on time for once. All right, next on the docket is #2021-61-PP and #2021-62-DP, Pulte Homes of Indiana, LLC Devonshire 8666 East 400 South, petition for primary plat approval request to establish 106 residential lots with waiver on 68.59 plus or minus acres Page 4 of 16 Zionsville Plan Commission December 20, 2021 in the R2 rural residential zoning district and a petition for development plan approval to provide for the development of 68.59 plus or minus acre site with 206 residential lots in the R2 rural residential zoning district. Is the petitioner present? Price Good evening, Mr. President. For the record, my name is Matt Price. I’m here tonight on the behalf of Pulte Homes. My address is 10 W. Market Street, Indianapolis, Indiana. I’ve got two representatives this evening from Pulte Homes with me, Dave Compton and Robyn Crawford. We also have our civil engineer, Brandon Burke. Thank you. I prepared a very brief PowerPoint which can highlight, I think, the major points of this proposal. You may recall that the Plan Commission heard this rezoning or heard a rezoning request relative to this property—we called it the Goodwin property at that time. It’s still the Goodwin property now but we’ve subsequently named the project Devonshire. It was rezoned by the Town Council at its first regularly scheduled meeting in October and we’re here tonight as you indicated for a primary plat and development plan. Go to the first slide. I wanted to kind of remind the Plan Commission. This is the concept plan that was submitted in connection with the rezoning. One of the key features of that rezoning petition was the perimeter landscaping. In fact, the Plan Commission requested of us and Pulte Homes voluntarily made a commitment to the robust perimeter landscaping and indicated that when we came back for development plan approval the expectation was the landscaping would match what we showed as far as the site plan at the time of the rezoning. And so, I wanted to—go to the next slide, Joe, if you would. We, we have complied fully with the landscaping as originally depicted in the site plan. This is the master landscaping plan out of the development plan proposal. If you kind of go back and forth between the plans you’ll see that it matches up very well. We reviewed it carefully with staff to assure our compliance with that commitment. I should also add that there were, there were other expressed commitments made in connection with the rezoning, one of which was to limit the number of homes to 106 single-family homes. That’s been done as well. And, there was a requirement that we submit our proposed commitments in writing at the time that we sought development plan approval and we’ve also done that and it’s part of the staff report. You did mention that there are two waivers requested in connection with the plat which is a street radii waiver and, we were also asked although it’s unusual in my experience but it, technically is probably applicable—we were also asked to obtain waivers with regard to the location of certain driveways within 75 feet of an intersection. Um, these are not driveways that are within, that on ah, at the intersection themselves. They are actually across the street from where the intersection is located at a right angle and so, uh, Brandon Burke and I were discussing that. I think historically there’s not been a requirement to seek waivers under that scenario but when we went through TAC review, it was suggested out of an abundance of caution that we request that waiver, and we did in connection with this plat. The development team and I are available to answer any questions that you have and we appreciate your consideration this evening. Thank you. Page 5 of 16 Zionsville Plan Commission December 20, 2021 Franz All right, thank you. At this point in time, is there anybody from the public who would like to comment on this matter? While we’re doing that, can you check to see if there is anybody online who would like to be recognized or just for purposes of getting in the record? Okay. All right. So, at this point in time, take the staff report. Kilmer Thank you. Mr. Price did a nice job of summarizing the request for the primary plat. Um, we’re looking at a plat for 106 residential lots and there will be four common areas with that. As he mentioned, during the rezoning process, there was a requirement that certain commitments be made for the development of this project. They have submitted a draft set of commitments for review and that has been provided to Council also for comment and review. He also noted that there have been discussions with property owners on the opposite side of County Road 875 to make certain commitments for landscaping or screening of different types. Those commitments would not involve the Town. But we just want to have it in the record that they are in discussions with those landowners and those are going to be observed and followed through upon. There are two waivers requested. In the motion of the staff report, we included language for you to first address each waiver request and then the primary plat itself. Staff is in support of the primary plat as filed and I would be glad to answer any questions you might have. Franz All right, thank you. At this point in time, is there any questions, comments from any of the members of the Plan Commission? Walker I actually have one. As I drive past that quite often, and have had a little concern about the one corner and I see that you’ve addressed something there, but what is it, on C2 (a), it says C8 and then a in parentheses. Right there behind Lot 45. Is that a lake, a pond, a drive, what is that? Price It’s a good question. Brandon, can you, you want to take a peek at that and see exactly what Mrs. Walker is referring to there? Walker I drew a circle around it if you want mine. Price Did you say C— Lake Is that the bottom left corner? Walker Yeah. Lake That’s a pond. Walker It’s a pond, with a pond, okay. Lake Well, the question is, is it dry or wet? Walker Because it’s a pond anyway. Today, it’s a big pond. Burke Brandon Burke with HWC Engineering. Civil engineer on the project. Um, the shape that you’re seeing behind Lots 4 and 5? C2(a)? Page 6 of 16 Zionsville Plan Commission December 20, 2021 Walker Uh-huh. Burke That’s actually on our emergency flood routing plan and on this plan, we’ve shaded areas that would stage up if there was no positive outfall through the storm sewer system to where it would spill over and which direction it spills over type thing. So, what you’re seeing behind there, that shading, it’s not a pond, it’s not a dry detention basin. That would be the extent of where water if the storm sewer were clogged it would stage up and then start to spill a certain direction. Walker Okay. Burke Down in this area—I believe you’re referring to like the existing condition that there is a little bit of a water shed that heads west and kind of goes down to a lower elevation. We’ve designed storm sewer systems with inlets and we’ve actually reviewed that and increased the size of the storm sewer above design standards to help ensure that we collect that water and route it back east off the adjoiner to the west. Walker Thank you. That answers my question. Franz Anybody else? Matt, on the private commitments that are across the street, is that, did you guys, I mean is there like a contract you fill out with the homeowners, I mean, how do you guys handle that? Price Yeah. What, what we did is we made those commitments. They’re private in the sense that they are basically a written agreement between that property owner and ourselves but they’re public in the sense that they’ve been made public. We filed those papers with the Town. They were actually incorporated into the rezoning ordinance themselves. So, they’ve actually been published in the record. And, so, they’re private only in the sense that the obligation is just bilateral between Pulte and the homeowner and not, does not include the Town as far as an enforcement mechanism. Part of that was because of just the nature of the commitments where, for example, Mrs. Yede who’s across the street just on the south side of our access onto 875, she’s got some decisions to make. She’s got some options to choose as far as what she actually wants and part of that I think is going to be driven by, ah, what do the as-built conditions look like and what’s best to address any, in her case, any potential for headlights on her driveway and so, that’s just something that kind of lent itself to more of a written agreement as opposed to the Town trying to enforce that one way or the other. Franz Okay, thanks. Is there anything else? If not, can we have, I guess it would be a series of motions on these items. Lake Sure, I move that the waiver for the reduction of centerline radii be approved based on the findings included in the staff report, Exhibit 6A as presented? Franz Is there a second? ? 20:45 Second. Franz All right. Any further discussion? Janice, would you please take roll? Page 7 of 16 Zionsville Plan Commission December 20, 2021 Stevanovic Mr. Fedor? Fedor Aye. Stevanovic Mrs. Walker? Walker Aye. Stevanovic Mr. Franz? Franz Aye. Stevanovic Mrs. Grabianowski? Grabianowski Aye. Stevanovic Mr. Lake? Lake Aye. Stevanovic Ms. Madrick? Madrick Aye. Stevanovic Mr. Jones? Jones Aye. Franz All right. That waiver is approved 7-0. Lake I move that the waiver allowing driveways within 75 feet of an intersection be approved based on the findings included in the staff report Exhibit 6B as presented. Franz Is there a second? Jones Second. Franz All right. We have a second. Is there any further discussion? Janice? Stevanovic Mr. Fedor? Fedor Aye. Stevanovic Mrs. Walker? Walker Aye. Stevanovic Mr. Franz? Page 8 of 16 Zionsville Plan Commission December 20, 2021 Franz Aye. Stevanovic Mrs. Grabianowski? Grabianowski Aye. Stevanovic Mr. Lake? Lake Aye. Stevanovic Ms. Madrick? Madrick Aye. Stevanovic Mr. Jones? Jones Aye. Franz All right. That is also approved 7-0. Lake I move that Docket #2021-61-PP, petition for primary plat approval to allow for 106 residential lots and four common areas in the rural R2 low-density single family and two-family residential zoning district be approved based on the findings of fact and, as presented, subject to resolution to engineering comments Exhibit 5 with waivers of the Subdivision Control Ordinance for a centerline radii reduction waiver and location of driveways within 75 feet of an intersection waiver. Franz Is there a second? Walker Second. Franz Any further discussion? Janice? Stevanovic Mr. Fedor? Fedor Aye. Stevanovic Mrs. Walker? Walker Aye. Stevanovic Mr. Franz? Franz Aye. Stevanovic Mrs. Grabianowski? Grabianowski Aye. Stevanovic Mr. Lake? Page 9 of 16 Zionsville Plan Commission December 20, 2021 Lake Aye. Stevanovic Ms. Madrick? Madrick Aye. Stevanovic Mr. Jones? Jones Aye. Franz Okay, approved 7-0. And then on to the last one. Lake Is there one more? Oh, the other, yeah. All right, I got it. I move that Docket #2021-62-DP Development Plan petition for a major residential subdivision consisting of 106 residential lots and four common areas in the rural R2 low- density, single-family and two-family residential zoning district be approved as presented with conditions as noted in the staff report and subject to resolution to engineering commitments Exhibit 5 and based upon the findings of fact. Franz Is there a second? Jones Second. Grabianowski Can we correct that from commitments to comments because— Lake Yes, my apologies. Franz Okay, accepted. All right. So, commitments is changed to comments. Any further discussion? Janice? Stevanovic Mr. Fedor? Fedor Aye. Stevanovic Mrs. Walker? Walker Aye. Stevanovic Mr. Franz? Franz Aye. Stevanovic Mrs. Grabianowski? Grabianowski Aye. Stevanovic Mr. Lake? Lake Aye. Stevanovic Ms. Madrick? Page 10 of 16 Zionsville Plan Commission December 20, 2021 Madrick Aye. Stevanovic Mr. Jones? Jones Aye. Franz That motion also carries 7-0. Thank you very much. Price Happy holidays. Franz You, too. Grabianowski Happy holidays. Franz Next on the docket is #20-24, start over, #2021-63-PP and #2021-64-DP Henke Development Group, LLC, Holliday Farms Section 8, 3900 South U. S. 421, petition for primary plat approval with waivers on 23.24 plus or minus acres to provide for 28 residential lots in the PUD planned unit development zoning district and petition for development plan approval to provide for the development of 23.24 plus or minus acres to provide for 28 residential lots with common areas for private roadways and dedicated public right-of-way in the PUD planned unit development zoning district. The petitioner is online. Please begin. Sundling Good evening, members of Plan Commission. My name is Phil Sundling and I’m with the Henke Development Group. I feel like this is probably the first time I’ve presented before 9 o’clock in Zionsville so it’s kind of nice. I will, before I get into the filing, just a quick update on Holliday Farms as a whole. We have in under three years sold over 400 lots among all of our sections here at Holliday which is simply mind-boggling and a real testament to the type of place that you all and your Town have built and something that we’re truly thankful to be a part of. On the construction side of things, Sections 1 through 4 are completed. Section 5 is wrapping up next week. And, Section 6 is underway and 7 to follow in the early spring. A number of homes are actually now completed with families living there which is neat to see. Also, we had a tremendous year in the golf course. As you know, we opened the course in late June and we were able to get over 13,000 rounds in which is just wonderful. We’ve heard nothing but rave reviews from our members, their guests and we’ve received a number of accolades from the golf community including a second place ranking as the best new private course in all of America. We always hold ourselves to highest of standards but I will say that even that result exceeded our expectations. It’s something we’re very, very proud of. And, that brings us to Section 8 which is before you for consideration this evening. 27 single-family lots ranging from just under 1/2 acre to over 2 acres on about 23 acres in total. This portion of the development is located upon the northernmost boundary of our property along holes 13, 14, 15 and 16. These lots are very similar to what you’ve seen previously in Holliday Farms with rolling terrain, heavy tree coverage and a collection of natural streams. On this particular phase of the development, we have three adjacent neighbors to our north. Along Page 11 of 16 Zionsville Plan Commission December 20, 2021 these boundaries, we plan to maintain the existing tree line that’s there now and also plan to add trees in areas as needed to ensure a complete and robust buffer. One item I’d like to point out regarding a comment that came through last week from Town staff regarding an existing 14-acre privately owned pond on a property to our north. Staff has requested that we explore this pond to ensure it’s not a risk to a pair of lots downstream within this newly proposed section along Gem Creek. We were fortunately able to meet quickly with staff onsite late last week and our folks are actively working on providing some additional information at their request. Based on initial conversations with our hydraulic engineer, our expectation is that this pond, which has been in place for a long, long time, I think well over 30 years based on the oldest aerial we can see it on, it doesn’t show any signs of failure, sliding or embankment weaknesses which is what our engineer noted. We’re not anticipating any sort of hazard to the downstream lots. Like I said, they are working on a report now and that will be submitted to staff very soon backing their findings. I just wanted to get you guys up to speed on that and at least relay a quick update. As far as our timing for this particular section, we’re hopeful to break ground first thing in the spring with a plan of completing lots later in the summer and getting homes going in the early fall. Again, with the demand at Holliday that we’re seeing, we’re certainly very excited to get this section approved and get the lots going into development. I will say also it’s a little bittersweet for us, for me, tonight specifically, as this is the last remaining residential section in Holliday Farms. So, I’m sure it’s a little relieving for you guys, you guys won’t be seeing my face which seems to be about every month but we’ll be back soon, I can assure you of that. It’s been a pleasure working with you guys on all of our Holliday filings and I would be happy to answer any questions. Thank you. Franz All right, thank you. At this point, is there anybody in the public who would like to comment on this matter? Being none, staff report, please. Stevanovic Thank you. Within the staff report for the primary plat and the development plan it’s noted that there are very few comments to be satisfied. Staff acknowledges and supports the six requested waivers including cul-de-sacs whose auto turn exhibits were reviewed and accepted by the fire inspector. However, to the north of Holliday Farms project, there is a dam constructed that is forming the lake. While it might not reach the threshold of the DNR review, engineering has requested a risk analysis for the dam to assess the peak flow rate that could result from a failure of a hydraulic that is passing through the proposed culvert from Gem Creek. In order to allow the petitioner time to research and potentially provide documents of correction to documents, staff is providing a conditional approval at this time until staff comments are fully satisfied. Franz All right, thank you. At this point, is there any questions, comments from any members of the Plan Commission? So, a conditional approval would be—we go to conditional approval, what would send that back to us? I’m just curious. Taylor I think the language—Janice may answer this better—but I think the language would be approved conditioned on satisfying any requirements from staff resulting from this risk assessment. Page 12 of 16 Zionsville Plan Commission December 20, 2021 Stevanovic Correct. Franz And, if something showed up, you would then bring it back on the docket the next month or at the earliest convenience? Stevanovic If it deviates greatly, yes. Franz Okay. All right. This thing had eight—six waivers? How many waivers did it have? Stevanovic Six is correct. Franz So, do we need to do separate— Lake No. Franz So, Janice, okay, I just wanted to make sure. All right, any further questions, comments? If not, is there a motion on the primary plat? Lake I move that Docket #2021-63-PP, petition for primary plat approval with waivers on 23.24 plus or minus acres to provide for 28 residential lots in the PUD planned unit development zoning district be approved based on the findings of fact and staff report and conditioned on approval by staff of the risk assessment. Franz All right. Is there a second? Fedor Second. Franz Any further discussion, comments? Janice, would you please take roll? Stevanovic Mr. Fedor? Fedor Aye. Stevanovic Mrs. Walker? Walker Aye. Stevanovic Mr. Franz? Franz Aye. Stevanovic Mrs. Grabianowski? Grabianowski Aye. Stevanovic Mr. Lake? Lake Aye. Stevanovic Ms. Madrick? Page 13 of 16 Zionsville Plan Commission December 20, 2021 Madrick Aye. Stevanovic Mr. Jones? Jones Aye. Franz All right, primary plat is approved with waivers 7-0. Is there a motion on the development plan? Lake Do we need the same condition as part of the development plan or not? Franz Yeah, you can make it. Lake Okay. Um, I move that Docket #2021-64-DP, development plan petition to provide for the development of a 23.24 plus or minus acre site and 28 residential lots with common areas for private roadways and dedicated public right-of-way in the PUD planned unit development zoning district be approved based on the findings of fact and staff report and conditioned on approval by staff of the risk assessment. Franz Is there a second? Jones Second. Franz Any further quest—or discussion? Janice? Stevanovic Mr. Fedor? Fedor Aye. Stevanovic Mrs. Walker? Walker Aye. Stevanovic Mr. Franz? Franz Aye. Stevanovic Mrs. Grabianowski? Grabianowski Aye. Stevanovic Mr. Lake? Lake Aye. Stevanovic Ms. Madrick? Madrick Aye. Page 14 of 16 Zionsville Plan Commission December 20, 2021 Stevanovic Mr. Jones? Jones Aye. Franz That also passes 7-0. Mr. Sundling, I’d like to thank on behalf of the Plan Commission for working with us on issues as they arose and congratulations on a great project. Sundling Thank you very much. I hope you guys all have a Merry Christmas, thank you. Franz You too, thanks. All right. There’s one other item on the docket. Who’s going to handle that? Stevanovic I was going to handle that. Franz Okay. Stevanovic Just a very quick update that we have a church, Mts. Runn Baptist Church at 250 South 775 East that has done some interior improvements. The building commissioner has approved that their breezeway, I would call it for lack of a better term, be updated, be improved by adding two sliding glass doors there rather than the window and the single door that they have basically to help with ADA and help entry way for those that need a little bit more assistance in that way. Franz Okay. Thank you. DeLong And then, just to explain why this is brought to you. Our own zoning ordinance mandates that we, the staff, report out to you when we have made a minor amendment to an approved development plan. Now, this is something that many of you are very familiar with, some more than others, related to this process but it does get a touch confusing for projects which you may not recall ever seeing a development plan. In Boone County in the rural area prior to reorganization, the Area Plan Commission did not have a development plan process that was hosted by the Plan Commission. The issuance of the building permit in essence was that development plan. So, in this particular case, we are bringing to you an amendment to a development plan of which was actually approved most likely by the planning staff originally but still to live up to the word of the ordinance, we’re bringing it to you as we’re required. Franz All right, thank you. Grabianowski And, as somebody who has visited that church before and worked with them on some outreach projects, I can tell you that needs to be done. Jones Maybe to add a little more color to this is that on occasion, Wayne and I have exchanged phone calls where previously approved projects have come back and revised the exterior nature of what we approved and I’m not a big fan of that. Get it approved, you have to go build it. Page 15 of 16 Zionsville Plan Commission December 20, 2021 Franz And, I think relative to that we’ve—there’s some language in there, the significance, change is kind of, I guess it’s what is the definition of significant? It’s like what’s the definition of reasonable? I mean, everybody has a different definition, so I trust, I agree this one is a very minor change and I would assume that if there was something significant, this would have probably been a separate matter on the docket. DeLong Correct. It would have been a major amendment, correct. And, this, these are— these and many other things are being looked at with McKenna, the team that’s working on the form-based code to make this process a bit easier and digestible for the public, the staff and the Plan Commission. Franz All right, thank you. With that, is there a motion—any other, any other business? Is there a motion to adjourn? Lake So moved. Grabianowski Second. Franz All in favor, signify by aye? All Aye. Franz Opposed by nay? Merry Christmas everybody, Happy New Year. Happy holidays. All that stuff. We will see you— Grabianowski After Martin Luther King Day. Franz Yes, January 18. Page 16 of 16