Board of Zoning Appeals - Regular Meeting

Please rise for the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you.

Let the minutes reflect that six of our seven members are here tonight. Uh Barry's not here because he had back surgery last week. So hope he's get along well. We have uh the minutes from last month. Anybody have any corrections, additions? If not, I would entertain a motion to approve the minutes as submitted. So moved. We have a motion to accept them. Do I hear a second? Second. All in favor signify by saying I. I opposed. Thank you.

I abain. Yeah. Pass it down and put it on the empty spot. Okay. We have uh no um old business under new business. First item is Avon Crest Apartments LLC case reszone.

Uh yes. Uh this is uh property that's under it's in the process of getting annexed. It is on East Main Street and the attorney for the petitioner is here so he can present this. But I did want to make a couple of points of clarification. First of all, this is a public hearing. Uh, and secondly, in the case summary, uh, there's a reference to 48 units that it should be 24. It's a total of 48, but there's two buildings that have 24 units, one with 36. So, I just want to make that those points of clarification. Okay, Joe.

Thank you. If I may approach and uh give each of you a little exhibit book to kind of walk you through the proposal, that would be appreciated.

Thank you.

Thank you.

Good evening. Uh my name is Joe Cber and I'm a real estate land use attorney um with Barnes and Thornberg in Indianapolis. My office address is 11 South Meridian uh Indianapolis. My client acquired this property at the end of last year and uh come to find out uh this summer that the property had the requisite contiguity with uh the town after working for some months with the county uh to a point where two of the parcels that are in play tonight uh were reszoned to re which allows for multifamily. family. So, uh the plans for this property are to demolish two existing multifamily buildings. If you turn to tab one, you can kind of see them uh in the uh photo. I know it's pretty small cuz it's an area, but those two buildings exist. I think there's six units each multifamily buildings. There's a single family house that fronts on Main Street. So the proposal would be to demolish those buildings and then replace them uh with multifamily buildings a little more traditional that you can see in the site plan on tab three where there would be uh ample parking for each meeting the code setbacks uh and it would be a three-unit um uh building type of scenario with a total of uh 84 units, not 48. And there would be a clubhouse and pool um up on the north end fronting on uh Main Street.

In tab two, uh you can see the zoning uh under county uh both the re and the there is one egg parcel left that that it would be changed. Um we sent out notices. Uh I understand that there's it looks like there's a few folks here that might have questions um or comments. We put a copy of the county confirmation of the reszoning uh in tab 4. U beyond that we found uh Lisa's staff report to be accurate. Our the statement of intent that we included with our resoning. We think um that this is an appropriate location uh for some residential density under your conference plan. Um, with that, I'm happy to answer any questions that you may have as planning commission members.

So, the one house that's being taken down is in the northwest, right up there? Yes. Just to the west of that Yes. entrance. Yes. Okay.

We did go through TAC uh and we did get TAC comments. We'll be addressing those um as we go through the development process including um either a tra traffic report or traffic impact study. What's the circular spot on the far east end? Is that strong? Yes, that I believe. So I just want to revisit the zoning issues in the county. It used to be agricultural. Is that correct? Yes. And then it was reszone approved for resing.

Two parcels went to re multifamily on November 26, 2024. Those would be the two of the three parcels including the large par. So the current zoning would be multi. Correct. Correct. Could I make a point of clarification? Okay. Okay. The current property is not zone agriculture. It's a residential in what parcel? Thank you. I believe I think you're absolutely right.

So if if this were to somehow uh either by this body or by the town council not go through, is the intent to carry on just through the county? I don't think so. Uh simply because I don't know if they can to be honest with you because of the uh town services that are already provided or needed uh for dedication purposes will which will all be at developers expense. There's quite a uh linear footage for water and sewer even that's west central conservancy district. There are uh many utilities that we have to bring to the site, all of which are really in the town's jurisdiction.

Do you know if your client has done a survey as to the need for apartment buildings in the pot area? Um I do not know the answer to that. That's an excellent question. Um I would assume I don't know that he's done an official market study. I can't since I'm testify to that.

Are these apartments designed for senior living or multi-purpose?

I think I think they would allow for family living. I don't think they're senior dedicated. There is a bedroom. Um I have to get my magnifying glass. Um there is um in the chart a a count for in terms of number of bedrooms. So I believe there's already a senior um facility very close by. So I don't know that there would be a need to double down on that um given the proximity of the other project that's senior dedicated.

So where the the house is going to be the mall there on the north is that just going to be open space? Yeah. Yes. It's not dedicated. You can see all the parkings I brought in internal to the site in the amenity section. The clubhouse was where the other home was. Is the infrastructure in Danville adequate for that at this point or you going to have to be adding infrastructure?

We're going to be extending lines. I don't know that we have to increase capacity. I think there is capacity to serve uh but it will be at the developer's expense to make sure that everything is brought to the site and dedicated appropriately and the 12in water man on the north side of the group.

Yeah, there's a water man that runs along Main Street. Um sanitary sewer comes from the south. So that it is in the area. So they do I know that they've probably already made contact with the central conservancy regarding connecting to them. I want to also point out um on the sketch you can't see it but they uh are showing one bedroom, two bedroom and threebedroom units in this complex.

Pardon me. I'll point out that I checked with our with our fire chief and our police chief to see if they had any concerns from a public safety standpoint given that's on the extreme east end of the town and neither of them saw a problem with it. They both thought it was fine. And even though this is part of the annexation uh proceeding, the uh fiscal um plan that was done by your consultant indicated that there's no adverse impact from financial perspective uh to the town.

Can you can you tell me are these are any of these units within a section 8 or section 43? market question.

We're happy to put a you can make that a condition. Any other questions for the board here? Okay, since this is a public hearing, if there's anyone in the audience that wishes to speak about this, please come up to the microphone, state your name, where you live, and speak your piece. I'm Brian Q Fry and I live at 4245 East Bank Street in AON. I don't know if you have a but

sir right there on the podium button right

where do you live in relation to this property that's a visual picture you need this one beacon photo this one uh I I like I like the uh the layout better here first I this one. Yeah. Okay.

So, so my property actually has there are several properties right here. My neighbors are here as well, but my property it runs right in here. It's this little carve out. And so this is essentially my backyard now. Um, aside from it getting busy there, um, it it's very nice and serene in the in the back right now. We have uh wooded land in here. There's a The topography is actually kind of rough. There's a ditch in here. Slow. I'm I'm very curious what's going to happen to the mature trees that are here because it's a very nice for me personally, it's a very nice thing to have in the backyard. It makes a nice across there. And there is basically this is a valley in here. And uh I think the department had about the same elevation as the houses are here. I I do I am wondering about what's going to happen with parking and and lights coming across into the back of the houses um that exist there. Um so I guess those are the the big things for me. I don't know if you want to see it on the on the weekend or not.

Um you guys have that in your packet. So if you scroll through you'll be able to find the aerial which house is yours. I've got it right here. Well, we can we can do this and then he can point it out. This one. Okay.

Yeah, this is me. I have a pole right here. Very nice and quiet. I like even though you know Main Street can get very busy with all white around the building. Uh right here. Yeah, there's that's the one I'm looking at now. Yeah, this is a business. Looks like you have some pretty goodized trees on the back of your property there. Uh yeah, I have a picture. There's a a cotton book that's probably 40 50 ft common. Nothing will happen to them. They're on your property.

Uh, no. They they they're just on the other side. They're in the stand. He can probably answer that. Yeah, I I haven't seen final details, but we're set back pretty far off of that property line. So, I would imagine that those trees would be amenity for Yeah, that would be south of that. Yeah, on the corner. Um, that's a pretty good setback. Yeah, you're

That's what I'm concerned about. Well, we can certainly um have that answer for you by the time we get to town council. Just make sure. I think the only reason there would be any trees that come down is they had running utility through there. Those would really be an amenity for for this project as well. I I do have a technical question regarding the utilities.

Sir, could you step closer to the microphone? I'm sorry. I do have a technical question regarding the um utilities and specifically the sewer because I do I do have city water coming in from the front but we don't currently we don't have I don't have access to the sewer and I'm just curious how how close the

I don't think we know exactly at this point this is the reszone stage once they get to site plan review. If this is approved, then that will be designed. But I do know that it comes from the south to the adjacent um villages of Avon that in the west central church area. Yes, it is. Yes. Yeah, it's west central consery. Thank you very much. Okay, we can answer those questions more definitively when we have the site plan review.

Yes, sir.

My name is Ed Boda and I just live west of Brian right just the next house over. We share a driveway and we've been there for over 40 years and we love the place. It's really it's really great. My concern personally is how many children might be involved with this apartment complex because it could change the whole dynamics of our area. And so I don't know if you know anything about that. I know there's family apartments. There's couple three bedrooms and there's two bedrooms and there's one one bedroom's probably not a lot of children, but the two bedrooms they could be. The three bedrooms, I'm sure they would be. That's my concern. I don't want 500 kids coming through the property coming into our property because they can be a little rambunctious and at my age I don't need rambunctious. So, that would be my concern. And I know my wife's the same way.

I know you got

Well, I I wish I had a definitive answer. Normally, even with multiple bedrooms, you're averaging well less than one kid per unit. So I don't know the exact mix at this time and that may not come until we go through site review anyway but there could be uh some children there uh certainly the onebedrooms would not be appropriate so you're going to guess I mean could there be 20 kids maybe maybe not but that would be a Yes, I it's not definitive at this moment in time.

There are no fences between your property and their property, right? No, not not this time, but that's certainly something uh that my client has done before and other projects. So, it's if it's something that plan commission was interested in, I don't foresee a problem. I mean, good fences make good neighbors, bad fences make bad neighbors. So, certainly understand uh you know, kind of the longstanding single family running along Main Street. We don't want to be bad neighbors. And if you want it along that side to to where that tree line is, I don't see that as being problematic.

They're running a fence around the amenities, so there shouldn't be a problem extending something along that shared the things to the east. The only event you know you're allowed will be around the pool for sure. Definitely.

Okay. Anyone else? Well, thank you for your comments. At this time, I will close the public hearing meeting and uh ask the board here if they have any more questions. If not, our action is to either give a favorable recommendation to the town council for reszoning, a favorable recommendation for reasonzoning request with comments or commitments, excuse me, or an unfavorable recommendation. So, I'll open it up for a motion. Regarding case 2025-2261, Avon Crest Apartments LLC, I move to make a favorable recommendation for the resoning request for the location of 4055 and 4099 East Main Street. Okay, we have a motion for a favorable recommendation to the town council.

I'll second. And we have a second. Man's not here to call roll call. Let's move. Lisa. All right. With that, Mr. Potter. Hi, Miss Rford. Hi, Mr. Harvey. Hi, Mrs. Howard. Hi, Mr. Chadam. Hi, Mr. I said I did Howard. What? [Music]

Oh, motion passes 6. Thanks very much. back. Okay, next item is the DCSC. That must be the end of community school corporation administration building.

Yes, this is a public hearing. Um, it is a site plan review for their administration building. It's an expansion of the existing. They're going to be expanding uh the building and the parking lot as well. And uh Mr. Beerman is here to present. Tracy, are you finally getting your king-size office now? My office doesn't change other window. He doesn't ask for a whole lot.

I have to deal with I'm Andy Barman with an engineering. We're at the civil engineers for the project. It is a building addition on the east side of the existing administration building about 6,200 square ft. There is a boardroom in there obviously for board meetings also for staff training and additional offices and support areas for those offices. And then to the south of that addition is a new parking area. Uh there's landscape training around the parking area and more landscaping around the building. And there's some fence screening on the north side to kind of hide any mechanical or electrical equipment that is on the north side as well. Most of the infrastructures in place with drives u the storm water detention is an existing basin that has the capacity for this additional purpose surface. Same amount of areas there just more hard surface. The existing sanitary sewer is along the north side of the building goes east on the property. There is already a water service there. We are running a new water man along the west side of Warrior Way just to install a fire hydrant closer to the building. That's the basics. If I may, Andy, can you kind of explain um how there are two different components to this project? Um an alternate component. Can you kind of explain that a little bit? I I just want them to have a really good understanding of what the project could end up being.

Plans get a little messy, but what we're looking at is um this parking lot is an alternate bid. I don't know if you've made any determinations on those alternate events yet.

Hi, Tracy Shaker, 1408 Manchester Drive, superintendent for Danville Schools. Um, we just got bids in yesterday and I would say based on the receiving the bids, it is likely that that the will be accepted along with parking lot. That's of course pending final schoolboard approval, but looking at the bids, I'd say it is at least likely that that parking lot will occur. What is the northern half of the parking lot that that is different? What are sorry staging? It's where the construction contractor will do their staging at parking. Staging basically contractor parking and material storage those kind of things. Can you can you tell me where the property is located where the owner complains about the height of the mountain?

Oh, yeah. I saw that something in there. I'm assuming it's somewhere. It's Yeah, here. It's right in the area where you can see the storm like the rip wrap. She's right I think she's right adjacent to that. Actually, here. Yes. Is it there now? I believe so. She was just in the office the other day. I think it's that one right here that you're

What is her view of uh It's a It was It's a unique thing. She likes the appearance of the high school. I think that's what I wanted. I think she likes to watch the kids come and go throughout the day. The amount is there now though, is it not? So, she just wants it reduced. Yeah. But yeah, it's not related to this project. It was It's It was already a mount before and it just got a little higher with the last project. Yeah, exactly. It's just a grass. Can it be reduced?

I don't think so. not um physically it could be, but it's just going to cost more money and add to having to restore the whole area and I don't know that they're necessarily obligated to. I guess again it's not part of this project. Was it part of a prior project of your client? Yeah. Well, there's a relationship there. That's all I have to say. Sure.

I'm not sure we want to advocate. I mean, you couldn't just do that for one lot, reduce the amount. And I I would Yeah, I would I would venture to guess that the majority of the people that live on metalwood uh probably wouldn't be in favor of removing that mount. I mean, that's just a guess obviously, but I don't think that would be the wise move. for the school or or us

generally it's not the complaint that they can't see they don't want to see you know they want a screening so

I have to see that for myself

any other questions No other questions. Okay, this probably too. This uh is a public hearing. So, if there's anyone in the audience that would like to speak up on this uh project, please come forward and state your name and tell us what you want to say. I see no one moving, so I'm going to close the public hearing. So our action is uh to approve the site plan, deny a site plan or approve site plan with modifications. Our three choices.

Mr. President, I move we approve the site plan as presented. Okay. We have a motion to approve the site plan as presented. Do I hear a second? I second. We have a motion and a second. Uh, roll call, please. Lisa. Mr. Potter. Hi. Miss. I. Mr. Harvey. Hi. Mr. Thompson. I. Miss Albert. Hi. Mr. Chad. I. Motion carries. 6. Thank you. Thank you. Thank you. Thank you. When are you going to give me a view of the new building your bill if I come out there to see you someday?

Absolutely. Just just let me know. We'll be happy to walk anybody like Absolutely. I don't have any kids in there anymore. Sure. There'll be a ribbon cutting, right? Yeah. Progressive process. Thank you. Thank you. Okay, the third item high storage was supposed to be a site plan review. I think uh Lisa has some information on that.

Uh yes, so we are requesting the continuence of this project. Uh there were some items that were not submitted in adequate time for staff to review. um our uh our engineer uh did not have time to review some of the drainage changes that they had made. So um I've talked with the engineer on the project and he he is okay with us requesting continuence. Okay.

Okay. I would entertain a motion to continue this for 30 days till the next meeting. I move that we continue the hearing uh for Pillars of Freedom LLC regarding the site plan approval for 30 days. I'll second. We have a motion and a second to continue this till the next meeting in November. Yes. All in favor signify by saying I. I motion carried. Do you have anything else for us? No, I don't think so. Nothing new. Nothing new. No new rumors. No. No new rumors

that you can talk about. That I can talk about. Well, there's nothing else. I would entertain a motion to adjurnn. So move. I hear a second. Second. All in favor signify by saying I. I. Opposed.