Avon board approves Kava Mediterranean drive‑through pickup lane with condition on future menu/speaker

The Avon Town Board of Zoning Appeals approved SE 2406, a special exception to allow a drive‑through pickup lane for a proposed Kava Mediterranean restaurant at 9257 East U.S. Highway 36, subject to a condition that any future on‑site ordering (for example a menu board or speaker box) must return to the Board of Zoning Appeals for approval.

Staff recommended approval after finding the proposal meets the required findings for a special exception under the Avon Unified Development Ordinance (UDO). Staff told the board the outlot is in the C‑3 zoning district and in Tier 1 of the US‑36 overlay; the board heard that the proposed lot 2 in the Rockville Crossing Subdivision is roughly 1 acre and is currently developed with parking that serves the adjoining multi‑tenant center.

William Wilson, Paragon Realty, the petitioner representative, said he owns both outlots and is finalizing a reciprocal easement agreement (REA) that will record cross‑parking, cross‑access and cross‑utility rights to preserve shared parking and maintenance responsibilities should lot 2 be sold. “We would not sell it, if that were the case,” Wilson said when asked whether the lot could be fenced off to separate the parking if sold; he added the REA is near final and will be recorded prior to development.

Staff explained the development plan review stage (Plan Commission) will examine detailed site layout; for the special exception the board considered the seven required findings (four mandatory, three discretionary) and found that the proposal would not be detrimental to public health, safety or general welfare, would not injure surrounding property uses, and would be adequately served by public facilities. Staff calculated parking and concluded the integrated development would remain in compliance: the proposal would retain 60 of the 120 existing off‑street parking spaces on lot 2, and combined with 82 spaces on lot 1 would yield 142 spaces overall versus a worst‑case ordinance requirement of 117 spaces for the unified development.

Board members discussed pedestrian safety and traffic flow near the strip center’s southwest corner, expressing concern that adding a drive‑through function could increase continuous vehicular movement near pedestrian access to existing businesses. Staff and the petitioner distinguished the proposal as a single‑lane pickup lane for preordered orders, not a traditional menu‑board drive‑through with long stacking; the petitioner said pickup lanes typically produce less stacking time than traditional drive‑throughs.

Catherine Ransberg moved to approve SE 2406, subject to the condition that any future on‑site ordering (menu board, speaker box, or similar on‑site ordering method) requires Board of Zoning Appeals approval; Anne Inman seconded. The motion passed on a roll‑call vote with Paul Guggenberger voting no and the remaining members voting yes.

The board also discussed whether staff should require the REA be presented at this stage; staff said the REA can be reviewed at the development plan stage but the board may make recording the agreement a condition if it wishes. The petitioner said the REA is in final form and will be recorded prior to proceeding.