Board of Zoning Appeals - Regular Meeting

[Music] Heat. Heat. N. [Music] Heat. [Music] Heat. Heat. [Music] Heat. [Music]

[Music] Welcome to the town of Avon advisor. a plain commission meeting. This isn't the plane commission meeting. This is a board of zoning appeals. If you are interested in having a copy of the agenda there available on the tables to the right of the audience, we'll be conducting business as outlined on the agenda. From time to time, the board may deviate from the agenda. As president of the body, I will inform those in attendance of any deviations. This meeting is being recorded for the public record. Because of this, we request that personal conversations are kept to a minimum and that all cell phones are set to vibrate. Any phone calls should be taken outside of the chambers. If you are interested in commenting during the public hearing portion of the deliberations, please sign up to the sheets. Please sign up on the sheets located on the tables to the right of the audience. When your name is called, please step forward to the podium and state your name and address for the record. Please address your comments to the board and not to staff or the petitioner. Your comments should relate directly to the case at hand. During the conduct of the public hearing portion of deliberations, the petitioner will have 10 minutes to present their case to commission. Responsor remmonstrators will have 10 minutes to present objections. Persons in support of the petition other than petitioner will have 10 minutes to present support for the petition. Finally, petitioner will close public hearing portion of the presentation with a fivem minute rebuttal period. Once the public hearing is closed, no additional testimony will be heard unless is solicited by members of commission during question and answer phase of deliberations. Uh we do understand that there may be several persons who wish to speak. In order to keep the meeting running in a timely fashion, we request that you not repeat previous comments. Thank you for your assistance in facil facilitating a respectful, fair, and timely meeting. Again, welcome to our meeting. Please stand for the pledge of

allegiance to the flag of the United States of America and to the republic for it stands nation indivisible with liberty and justice for all of attendance please Shannon Inman here. Katherine Rainsburg here. Marcy Tashler here. Marcus Turner here. We'll show Paul Gutenberger absent.

Okay. First item is the approval of the minutes from 91625. And hang on a minute. Let me make sure that's right. From 92325. Did anyone have any questions, comments, concerns? And if there are none, we'll entertain them. I'll make a motion to approve the minutes of 92325 as written. Second. Motion by Mrs. Zimman, second by Mrs. Ransburg. Any discussion? All in favor say I. I. Does anyone opposed? Minutes are approved. Uh, request for continuences or agenda modifications. We have none.

Wonderful. Public comment. Does anyone wish to address the board? Now, with no one coming forward, we will close public comment. We have no old business. We'll go straight into new business. This is SE25-03 Chase Bank Drive-Thru. Thank you, Chair Turner, members of the board. S2503 is a special exception to allow for a drive-through facility within tier one of the US36 overlay for the Chase Bank property at the southeast corner of Avon Avenue and US 36. Per the unified development ordinance chapter 2, article 10, section E, all drive-thru facilities within tier one of the US 36 overlay must receive a special exception. This request is to allow for a drive-thru to be included with construction of an approximately 3500 square foot bank building, which would replace the current Chase Bank building at that site. Um the property because it's three platted lots. Um, it actually has three addresses. Two on US 36 and one on Galen Drive, which uh those are the addresses on the assessor's property cards. Um, interestingly, the site actually has a postal address on Avon Avenue. You can see 29 South Avon Avenue. In order to redevelop this, which is in the purview of the plan commission, um through the development plan review process, they will also be required to replplat the three lots into one lot in order to develop across those lots now. And so they'll probably get a new address or will probably at that time assign the the postal address 29 South Avon Avenue.

Um the site's a little bit over an acre as you can see here. It's outlined in red. Um it is these three lots, lot 11, lot 12, and lot 13 in Avon Square section one, which was platted back in the 70s, well before the town incorporated. The map also shows you the shaded area is tier one, which is basically 260 feet north and south of the rideway line of US 36. So the site um at least the the far tiny south end of it would be in tier two of the overlay, but where the proposed building and new drive-thru will go is clearly within tier one of the overlay necessitating the special exception. Just uh walking you through the site here. That's the front of the existing building facing south from US 36. That's the west facade that faces Avon Avenue viewed from Avon Avenue. And that is the south facade or rear of the building facing north from the south parking lot. And then finally just looking at the the south parking lot for the existing bank. Um facing south from basically the back of the building property zone C2. Um, as I mentioned, it was platted back in the 70s. Uh, the assessor's records show that the existing building, which is a little over 2,000 square feet, was constructed back in 1979. All of that, of course, would have happened under the jurisdiction of Hendricks County before the town incorporated. This is a look at the proposed site plan. That's just a little bit zoomed in view to the area that we're interested in. Of course, Avon A or I'm sorry, US 36 running east and west to the north. Avon Avenue running north and south to the west of the site. The existing building is basically in this area,

although it's uh turned a little more diagonally. Um this would be where the the proposed new building footprint would be. The drive-thru would be on the east side of the building with some queuing back to the south. Um, as you may have noted, the existing building actually has five drive-through lanes. The proposed building would just have two drive-through lanes. Um, it would have the required bypass lane to get around the drive-thru lanes in the event that someone needed to get around and not wait in line. Um, it would have adequate stacking spaces for the proposed bank use and it would meet the overlay requirements that the drive-through facilities be located behind the front building line. In other words, to the side and or rear of the building. So, with a special exception, the UDO lays out seven findings. The first four are required, so you have to agree that those are met. The latter three are optional things that you may consider in making your decision. Those first four essentially being that it not be detrimental to the public, that it not be injurious to surrounding properties, that it be adequately served by public facilities and not create additional public expense for public facilities or be detrimental to economic welfare of the community. nor result in destruction, loss or damage of a natural, scenic, or historic feature. The three optional findings that you may consider is whether it meets the standards of the UDO, which would be obviously required um for the through the development plan

review process unless a waiver were granted. But um that it be that you look at its relationship and its compatibility with the adjacent properties and neighborhoods to make sure that's appropriate, that there's adequate provision for any necessary public services, uh etc. And then that it generally aligns with the objectives of the comprehensive plan. So, in staff's analysis, trying to kind of touch on all of these findings um without going into too much detail where not needed. Um we don't believe that it would be uh negatively impactful to the public nor surrounding property owners because it would meet the standards of the ordinance. It would have adequate stacking and it would generally be screened from public view and adjoining properties by not extending out in front of the building. Um and so essentially being screened by the building on two sides. So that would cover the first two required findings. Um the site would be adequately served by public facilities being that it's accessible from the public street network with utilities available nearby. it shouldn't create additional need for public facilities and there was no natural scenic or historic features that we believe um would be at issue here. And finally, as far as the required findings, we would suggest that replacing the smaller building with a newer building of greater size should increase the assessed value of the site without any significant increase in demand for public services. Thus, it wouldn't be detrimental to the economic welfare of the community. In fact, it would be the opposite, which is good. And then looking at your optional findings,

um we do find that it does meet the standards um of the UDO as it pertains to drive-through uses. Uh a DPR petition has been filed and it's scheduled to be heard by the plan commission at their November hearing. Um, since we're talking about whether it meets the standards of the UDO, I would tell you that there is one waiver requested, but that's an architectural waiver um to reduce the amount of glazing or windows on the front facade facing US 36. Um, and I would submit that that probably is not relevant to the issue at hand as to whether the drive-thru is uh is appropriate and a drive-thru facility, a bank with a drive-thru here we believe would be compatible with the development pattern in the area where there are um many automobile oriented uses along the corridor. The plan would provide for adequate control of traffic to and from and through the site. And then finally, your last optional finding to consider whether it aligns generally with the objectives of the comprehensive plan. The current comprehensive plan from 2017, which is still in effect because our proposed comprehensive plan is yet to be adopted, but that certainly may happen soon. But for now, we have to look at the 2017 comprehensive plan. And the future land use map calls for neighborhood retail development. I would say that drive-through uses are typically more commonly found in the areas that are designated for area retail where you have developments that draw more traffic from a greater distance. Um, but a bank drive-thru, which as is proposed right now would just be for at two ATM lanes, that would

typically attract a lot less traffic than other drive-thru facilities such as uh fast food restaurants. So, we do think that a bank would be an appropriate use under the neighborhood retail recommendation. So for all those reasons, having found that all four required findings as well as the three optional findings would be met, staff is recommending approval of SE2503 um as indicated in the site plan subject to just the general condition that it be in substantial compliance with the site plan on file. And with that, I'd be happy to answer any questions the board may have. This may be a question for the petitioner, but did you say that it would be two ATM lanes as opposed to full service drive-through lanes?

Correct. That is what the plans currently show. Um, I don't know. You know, I would think that would be subject probably to change in the future. I don't think we would I don't think we would probably require a new special exception if they changed that, but that's what they're currently proposing. Okay. Anything else for staff? Right here from petitioner.

Yeah. Good evening. My name is Chad Maze. You guys hear me? All right. I'm with Kim Horn Associates, Civil Engineer. Okay, better.

I'll reintroduce myself. My name is Chad Mays. I'm with Kimley Horn and Associates, uh, civil engineering and landscaping consulting firm in the Indianapolis area. Uh, we're located at 500 East 96th Street, Sweet 300 in Indianapolis, Indiana. Um so again my my clients Chase Bank ultimately uh TAP the architect uh were contracted through I think Terron may be online um to hear to to request as Paul's gone through the SE2503 special exceptions for a drive-thru um as as he stated and showed it's at the southeast corner. I think everybody's fully aware it's about a two minute maybe five minute drive from here depending on how traffic is. Um southeast corner of 36 and Avon Avenue 1.17 acres. Um not to reiterate everything but there will be 33 spaces with two ADA spots. And then again this is the overall site plan. I think Paul did a fantastic job very thorough uh discussion on it. did just want to point out one thing that there is a curb cut on the existing bank that is like uh probably 50 feet from the intersection of 36 Navon Avenue that will will go away per INDOT's request and probably the town as well just due to safety and proximity. Usually you're not that close. Um, so as Paul mentioned, there will still be two points of access. Um, through the Valvaline instant oil change curb cut to the east and then off of Gallian there on the south side. Um, I think Paul again staff did a thorough job of explaining uh the reasons behind um the the staff recommendation. So, I won't bel labor that that slide, but also wanted to kind of point out on

an aerial um an extended view of what Paul showed of that that tier one overlay of 36 and show some QSRs that I think um everybody's fully aware of. There's a new bank that was just constructed probably not even a quarter mile to the west with the drive-thru and then the seven brew there as well um with the the project location highlighted there in red. And then this is again the excerpt from the staff report. So just like to thank Paul and staff for guidance and answering all our questions today. And uh if you guys have any questions, I'll do do my best to answer those.

Thank you. At this time, we're going to open up the public hearing. It is 7:49. Does anyone wish to speak? And with no one coming forward, we'll close the public hearing at 7:49. Does anyone have any questions? So, this is going to be a demolition and rebuild. Yes, that's correct. It'll be a brand new Chase Bank. It's just a reconstruction of what's there. Okay.

So, a little bigger as Paul mentioned. I think it's like just north of 3500 square feet as to where I think it's about 3,200 now. Okay. Any other discussions, questions for petitioner? I'll just say that I I thought the staff report was very thorough and I'm in agreement on all points. And with that, would anyone like to make a motion? Um, well, I think we do need to have a small amount of discussion, but um, just to say I think that this makes perfect sense. They are there's already a drive-thru there. It's been there for a very long time. And as was pointed out, we've approved drive-throughs very close to that, including a bank drive-thru less than a quarter mile from for Bank of America. So, I think this makes um there's no reason to not approve this in my opinion.

Then I will make a motion. I move that we approve 30 that we approve SC2503, Chase Bank, Avon Avenue, and US 36 drive-thru. a special exception to allow for a drive-through facility within tier one of the US Highway 36 overlay district because it will meet all the requirements for a special exception under state law and subject to the pro approved findings effect. We have a motion by Mrs. Rainsburg. Is there a second? I'll second. Second by Mrs. Tashler. Is there any discussion? Roll call vote, please. Enman Ransburg for Tashler for Turner.

Four. Thank you. Have a good evening. Thank you. Do we have any other business tonight?

We do not. You You did receive some tumblers from the town with our new logo on it. Very good. Waited until Christmas. And with that, we are adjourned. Thank you. in the little bag.