TOWN OF PLAINFIELD BOARD OF ZONING APPEALS. January 16, 2006

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1 TOWN OF PLAINFIELD BOARD OF ZONING APPEALS January 16, 2006 The Board of Zoning Appeals met on Monday, January 16, 2006 at 7:30 p.m. In attendance were Mr. Monnett, Mr. Blevins, Mr. Cavanaugh, Mr. Gibbs and Mr. Matrana. ROLL CALL/DETERMINATION OF QUORUM Mr. Carlucci administered the Roll Call. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Mr. Monnett said under the Oath of Testimony it should read, Mr. Daniel also swore in Mr. Dennis Gibbs as a new member of the Board of Zoning Appeals. With that I make a motion to approve the minutes as amended. Second by Mr. Blevins. Motion carried. ELECTION OF OFFICERS Mr. Matrana said at this time in the month of January we need to reelect elections of officers for the BZA. So, at this time the chair would entertain a motion to have a new Chairman of the BZA. Mr. Monnett said I would like to nominate our current President, Rick Matrana as our Chairman for the Board of Zoning Appeals for Second by Mr. Cavanaugh. Mr. Matrana asked, are there any other nominations for the Chairman of the BZA? Being none all those in favor to reelect Mr. Matrana as the Chairman for the Board of Zoning Appeals for 2006 signify by saying aye. None opposed. Motion carried. At this time we would also like to have a Vice Chairman for the BZA and we would accept nominations at this time. Mr. Cavanaugh made a motion to nominate Mr. Monnett as the Vice Chairman for the Board of Zoning Appeals for the year Second by Mr. Blevins. Mr. Matrana asked, are there any other nominations for the Vice Chairman of the BZA? Being none all those in favor to nominate Mr. Monnett as the Vice Chairman for the Board of Zoning Appeals for the 2006 signify by saying aye. None opposed. Motion carried. year. Thank you very much. I will try to do a good job this coming Mr. Monnett said I would like to add for the record that you have done a fantastic job for I appreciate you being here. OATH OF TESTIMONY Mr. Carlucci administered the Oath of Testimony. PUBLIC HEARINGS Mr. Matrana reviewed the Guidelines Governing the Conduct of Public Hearings. At this time are there any requests for continuances at tonight s meeting? Mr. James said yes. Herman & Kittle is requesting that their petition get continued to the February 23 rd meeting. Mr. Matrana asked, did he give a reason why he wanted to continue? Mr. James said I believe they are still under negotiations with the ownership of the property. Mr. Cavanaugh made a motion to continue BZA , Herman & Kittle Properties be continued until the next regularly scheduled meeting for the Board of Zoning Appeals. Second by Mr. Blevins. Roll call vote called.! 1

2 Mr. Monnett yes Mr. Blevins yes Mr. Cavanaugh yes Mr. Gibbs yes Mr. Matrana yes 5-ayes, 0-opposed, 0-absent. Motion carried. Mr. Carlucci said Mr. Daniel is not here tonight. He did want me to pass this out to you. This is right out of the State statues. This has to do with the Herman & Kittle project. It is about Use Variances. He said that he would appreciate it if you would read this over prior to the next meeting. If you have any question, you can either ask Mr. James or myself or Mr. Daniel, if you want. I think if you look in there, it sets up some pretty clear standards in how to grant a Use Variance but he gave those to me earlier this evening. Mr. Matrana said the first petition before the board tonight is BZA concerning Premier Properties and alcohol sales. Mr. James would you please give us a brief description of what this is about? Mr. James said this is to request a Special Exception to allow alcoholic beverage sales in the General Commercial District. Premier Properties is requesting this to allow prepackaged alcoholic beverage sales for on-site consumption in the Plainfield Commons IV, which is located east of Perry Road and south of U.S. 40. The alcoholic beverage sales prepackaged would be in the eastern portion of the center. They have requested two amendments to their request. I passed out the memorandum earlier to explain the amendment. In their letter of intent they erroneously reported that the prepackaged alcoholic beverage sales for on-site consumption would be from a membership warehouse club type retailer. In actuality this would be for an eclectic eastern European import type retailer (furniture, home décor, kitchen accessories, along with gourmet foods, imported beer and wine). The location of this request for the prepackaged sales was mistakenly given as being south of Plainfield Commons IV. In the aerial photograph you can see what is already constructed in Plainfield Commons. In the map that was first presented they had it circled, which was south of what was proposed. In the new map on the back page it shows the correct location. The building is on the eastern property line. This is where the prepackaged retail sales would be. Actually, this is a two-part request. One is for the prepackaged retail sales and the other part is for the sale of alcoholic beverages for on-site consumption. This would be for the five outlots adjacent just east of Perry Road and adjacent to Perry Road out along the perimeter of the center. Mr. Carlucci asked, is this the one directly south of the Target store? Mr. James said right. Mr. Carlucci said the detention pond that is there it is going to be filled in and become an outlot for Logan s. Mr. Gibbs said but it also includes four lots running along Perry Road south of that also. Mr. Carlucci said right. Mr. Matrana asked, that might be the name of it Logan s? Mr. Carlucci said Logan s Steakhouse is one of them. Mr. James said here you see the original location south of Plainfield Commons IV and the new location. The diagram to the right shows the correct location for prepackaged sales and then you see the five outlots along Perry Road along the perimeter of the integrated center. Some comments, the site and location is appropriate for this type of request. In outlots you do usually get family style type restaurants that do serve alcoholic beverages. By going ahead and accepting the Special Exception for the five outlots it provides them a little flexibility, flexibility during the negotiations with proposed tenants. By doing it now and getting a Special Exception they don t! 2

3 have to wait 30 or 60 days to tell the tenant if alcoholic sales are permitted or not. The approval is limited to the retail use along the eastern portion of the center and for the five outlots for family style restaurants. This would not include alcoholic beverage sales and a bar tavern type nightclub or liquor store. Hopefully, these comments and requests will give you a certain degree of confidence that you will feel comfortable in approving this request. If not, we can add some additional conditions. Mr. Carlucci asked, how was the legal notice done on this? was in the paper for this hearing tonight? What Mr. James said it was done as Plainfield Commons IV, the whole center. Mr. Gibbs said I want to make sure I understand that the third bullet that says that the approval is limited to retail use and family style restaurants. Mr. James said yes it is a two-part request for prepackaged sales as a retail use and then the liquor license for the outlots. Mr. Carlucci asked, there is a name for this retailer that wants to do the prepackaged, correct? Mr. Kanable said I don t know that the deal has been executed yet. I don t even know the name. Mr. Matrana asked, do they have a store on Keystone and 116 th. Mr. Kanable said I do not know the answer to that. Mr. Carlucci said I think the name ought to be identified and tie it to that retailer. Mr. Monnett said I agree. Mr. Gibbs said I agree with that. It does bother me when we just say retail use and family style. Mr. Kanable asked, is it limited by the fact that the language mentioned is the eastern style type? Mr. Matrana said we would like to have a specific store name. Mr. Carlucci said I knew the name at one time and I m racking my brains thinking what it is but I was told what it was once before. Mr. Matrana asked, is the name of it Cost Plus. Mr. Carlucci said I think that s it. Mr. Matrana said that s the one on Keystone and 116 th. Mr. Carlucci said that s it. Mr. Matrana said I like it, it s a nice place. Mr. Carlucci said if it is Cost Plus, that simplifies it. Mr. Kanable said I can make a phone call. Mr. Matrana said Cost Plus World Market is the name of the one at Keystone. Mr. Carlucci said let s take a break and let him call. Mr. James said I want to remind you that back in October a Special Exception was granted for the Metropolis. There were some additional conditions placed on that request because of the nature of the Metropolis and the environment. It was limited to 25% of the gross floor area of the restaurants. Mr. Matrana asked, for alcohol sales? Mr. James said for the size of the lounge where it would be served.! 3

4 Mr. Matrana said in regards to a restaurant. Mr. James said yes. Mr. Matrana said but we didn t give any permission in the past for stores such as selling packaged liquors to go. We didn t do that did we? Mr. James said no. Mr. Matrana said this was just connected to restaurants. Mr. James said yes. Mr. Carlucci asked, would Cost Plus be in Section IV or is it going to be in Metropolis? Mr. Kanable said Plainfield Commons IV. Mr. Carlucci said but I think what we were talking about for Metropolis had to do with Metropolis and it didn t have anything to do with this property. Mr. Matrana said correct. Mr. James said it would be in one building along the eastern edge that is highlighted. Mr. Matrana said the chair would like to take a 10-minute recess. We are back from recess and we are still talking about Premier Properties Special Exception for alcohol sales. Mr. James did you have anything further to add to your presentation? Mr. James said just in the motion you can change it as you see fit that would provide you with that level of comfort. Mr. Jeff Kanable 8910 Warwick Castle Lane said I m here as a stand-in. I work mostly in our Virginia project so I apologize for that confusion. I m happy to answer any other questions that you may have. I don t have anything else to present. Mr. Matrana said if we were to make a motion, it is okay to specifically limit it to Cost Plus World Market? Mr. Kanable said that is correct. Mr. Matrana asked, is there anyone in the audience who has any questions on this public hearing? Being no one coming forward the public portion of the meeting is now closed and we would open this matter up to the board for further questions, comments or including a possible motion to approve or deny this matter. Mr. Cavanaugh said I was wondering if anyone had any particular comment or feeling regarding the stipulation that Mr. James pointed out with what we did with Metropolis and limiting the percentage of floor area devoted to alcohol sales, 25% of the facility? Does the petitioner have any thoughts or comments on that as well? Mr. Matrana asked, would this be concerning restaurants? Mr. Cavanaugh said concerning the restaurants specifically. Mr. Kanable said I do not have any additional comments on that or information for that matter. Mr. Cavanaugh asked, do we feel that is a necessary stipulation? Mr. Monnett said I think it is necessary to put in there for the restaurants. Mr. Cavanaugh said it keeps a level of playing for the Metropolis. Mr. Monnett said I agree with Mr. Cavanaugh. Mr. Cavanaugh said I wouldn t trust my memory 100% but I believe we have done similar restrictions on other Special Exceptions for this. If there are no further questions or discussion I would be prepared to! 4

5 make a motion. I would move that the Board of Zoning Appeals approve BZA as filed by Premier Properties USA requesting a Special Exception to allow alcoholic beverage sales for on-site consumption or carry-out in the GC, General Commercial District within the Plainfield Commons IV shopping center subject to the following conditions: 1. The sale of prepackaged alcoholic beverages is limited to the Cost Plus World Market site proposed for the eastern portion of the retail center, which is not a liquor store. 2. The approval does not apply to any bar, tavern or nightclub. 3. The sale of alcoholic beverages for on-site consumption is limited to the five (5) outlots, those being outlots F, G, H, I and J fronting Perry Road and only for family style sit-down restaurants. 4. The portion of the floor area devoted to alcoholic sales and service for the sit-down restaurants shall not be greater than 25% of the overall size of the facility. Second by Mr. Monnett. Roll call vote called. Mr. Monnett yes Mr. Blevins yes Mr. Cavanaugh yes Mr. Gibbs yes Mr. Matrana yes 5-ayes, 0-opposed, 0-absent. Motion carried. OLD BUSINESS/NEW BUSINESS None. ADJOURNMENT Mr. Cavanaugh made a motion to adjourn. Motion carried. Second by Mr. Blevins. Meeting adjourned. Mr. Rick Matrana, Chairman! 5