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Avon council denies Wind Farms PUD amendment to allow upper-story apartments at corner parcel
Summary
The council voted to deny a proposed PUD amendment (PUDA24-02) that would have allowed upper-story residential units above ground-floor commercial uses on a corner parcel at Dan Jones and Northfield Drive, citing unanswered questions about unit counts, building height, access and traffic.
Avon Town Council on Jan. 23 voted to deny a proposed PUD (planned-unit development) text amendment, PUDA24-02, that would have added “upper-story residential” as a permitted use on a corner parcel within the Wind Farms PUD.
Planning staff reviewed the history of the PUD, explaining the parcel was originally reserved for commercial uses while surrounding acreage later became residential. Linda, a planning staff member, told the council the amendment would permit mixed-use buildings with retail on the first floor and apartments above. The town’s staff report recommended approval with certain commercial uses removed from the permitted list; the Planning Commission had issued an unfavorable recommendation, 4–2, citing unanswered questions.
At a council meeting, petitioner attorney Mark Riffle of Taft Law presented preliminary site plans and said the petitioner would limit certain commercial uses such as gas stations and fast-food drive-throughs and had preliminary confirmations about access. Riffle said the petitioner had been negotiating consent to encroachments with Marathon Petroleum over an existing gas-easement and that he had an email confirming Brownsburg’s willingness to grant a curb cut on Northfield Drive if Marathon consented to paving the easement.
Council members pressed for more specifics on the number of units, number of stories and confirmed access. The petitioner’s preliminary estimate was that the site could support roughly 60–70 units with a building height limited by the PUD to 50 feet (which could allow about three stories in practice). Council members also discussed traffic contributions that had been collected when the PUD was originally approved and whether a residential use would change prior traffic assumptions.
After discussion, a council member moved to deny Ordinance 2025-02 (PUDA24-02). The motion passed on roll call. Recorded roll-call responses in the transcript show Craig Zuzin and Jason Puckett voting in favor of denial, Robert Pope voting against denial, and Bill Holland recorded as voting in favor. The Planning Commission’s prior 4–2 unfavorable recommendation was part of the packet materials staff reviewed.
The council discussed the option to continue the petition to seek additional commitments or to send the matter back to the Planning Commission, but the council voted to deny the amendment at this meeting.
