[1:59] Hey.

[2:05] » Good evening. First of all, I apologize

[2:07] to everybody for the slight tardiness.

[2:09] Entirely my fault. So, you're happy to

[2:12] stick pins in the zombie voodoo dolls

[2:15] shaped like me if you want to. Thank

[2:17] you.

[2:18] Welcome to the Town of Avon Advisory

[2:19] Plan Commission meeting. If you are

[2:21] interested in having a copy of the

[2:23] agenda, they are available on the tables

[2:25] to the right of the audience. We will be

[2:27] conducting business as outlined on the

[2:29] agenda. From time to time, the board may

[2:31] deviate from the agenda and as president

[2:34] of this body, I will inform those in

[2:36] attendance of any deviations.

[2:40] This meeting is being recorded for the

[2:42] public record. Because of this, we

[2:43] request that personal conversations are

[2:45] kept to a minimum and that all cell

[2:47] phones are set to vibrate. All phone

[2:50] calls must be taken outside of the

[2:52] chambers.

[2:53] If you are interested in commenting

[2:55] during the public hearing portion of the

[2:57] commission's deliberations, please sign

[2:59] up on the sheets located on the tables

[3:01] to the right of the audience, right over

[3:03] there.

[3:04] When your name is called, please step

[3:06] forward to the podium and state your

[3:07] name and address for the record. Please

[3:11] address your comments to the board and

[3:13] not to staff or to the petitioner.

[3:16] Your comments should relate directly to

[3:18] the case at hand.

[3:19] During the comment During the conduct of

[3:21] the public hearing portion of the

[3:23] commission's deliberations, the

[3:25] petitioner will have 10 minutes to

[3:27] present their case to the commission.

[3:29] Remonstrators will have 10 minutes to

[3:31] present objections to the commission.

[3:34] And persons in support of the petition,

[3:36] other than the petitioner, will have 10

[3:38] minutes to present support for the

[3:40] petition. Finally, the petitioner will

[3:43] close the public hearing portion of the

[3:44] presentation with a 5-minute rebuttal

[3:47] period.

[3:48] Once the public hearing is closed, no

[3:50] additional testimony will be heard

[3:53] unless it is solicited by the members of

[3:55] the commission during the question and

[3:57] answer phase of the commission's

[3:59] deliberations.

[4:02] Subdivision plat and development plan

[4:04] petitions are ministerial requests,

[4:07] meaning that if the proposal meets the

[4:10] requirements set forth in the town's

[4:12] development ordinances, the plan

[4:15] commission must approve the request by

[4:18] state law.

[4:19] In the interest of transparency, state

[4:22] law requires that a plan commission hold

[4:24] a public hearing even if the development

[4:26] proposal must be approved.

[4:29] Responses to public comments and

[4:30] questions may be given once the public

[4:32] hearing portion is closed.

[4:35] We understand there may be several

[4:36] persons, excuse me, who wish to speak.

[4:40] In order to keep the meeting running in

[4:41] a timely fashion, we would request that

[4:43] you not repeat not repeat previous

[4:46] comments.

[4:47] Thank you for your assistance in

[4:48] facilitating a respectful, fair, and

[4:51] timely meeting, and again, welcome to

[4:53] our meeting. Please stand for the

[4:54] pledge.

[5:00] » I pledge allegiance to the flag of the

[5:03] United States of America,

[5:05] and to the republic for which it stands,

[5:08] one nation under God,

[5:10] indivisible, with liberty and justice

[5:13] for all.

[5:19] » And we will now do a roll call.

[5:23] » Andrew Rockabrand.

[5:24] >> Here.

[5:26] >> Bill Reed.

[5:26] >> Here.

[5:28] >> Dave Kaufman.

[5:29] >> Here.

[5:30] >> Katherine Ransburg.

[5:31] >> Here.

[5:32] >> Paul Guggenberger is absent. Greg Zuzan,

[5:36] absent.

[5:38] And Jennifer Spencer, absent.

[5:43] » So, we do have a quorum. However, I

[5:46] would let anyone who is here tonight to

[5:48] make a presentation know that if you

[5:50] would prefer to have your hearing or

[5:53] your proposal heard by the entire

[5:55] commission, you do have the ability to

[5:58] ask for a continuance. We have

[6:02] four of the seven commissioners here

[6:06] tonight. So, that's something that you

[6:10] might want to think about.

[6:12] Okay.

[6:13] Approval of the meeting minutes. I

[6:15] understand that everyone has received a

[6:17] copy of the revised meeting minutes. Is

[6:18] that correct? It has both all the pages

[6:21] on it.

[6:26] And does anybody have any

[6:28] edits, corrections, drafts, anything

[6:30] like that?

[6:35] If not, we'll take a motion to approve.

[6:39] » I will go ahead and make a motion to

[6:41] approve the June 22nd, 2026 meeting

[6:44] minutes as presented.

[6:46] >> Okay, do we hear a second?

[6:47] >> I'll second.

[6:48] >> Having had a motion and a second, all in

[6:50] favor say I.

[6:51] >> I.

[6:52] >> Meeting minutes from May 26th are

[6:55] approved.

[6:57] >> That's actually the the June minutes.

[6:59] >> Oh, the June minutes. I apologize.

[7:04] Yep, June minutes. Thank you.

[7:06] Um, we now come to the public comment

[7:09] portion of the meeting. This is the

[7:11] opportunity for anybody who is present

[7:14] to speak about anything else that is

[7:16] going on that you'd like the commission

[7:18] to hear other than what's on the agenda.

[7:20] If you want to speak about what's on the

[7:22] agenda, then just wait till that

[7:24] portion, but if there's something else

[7:25] you'd like to talk about, um,

[7:28] marching band is too good, anything like

[7:31] that, uh, this is your time to come

[7:33] forward and speak to the commission. Is

[7:36] there anybody who'd like to step forward

[7:37] or is anybody signed up to come speak?

[7:42] In the public public comment, anybody

[7:44] who'd like to speak about something

[7:45] other than what's on the agenda?

[7:48] If not, then the public comment portion

[7:49] is closed.

[7:51] We now move on to the request for

[7:52] continuances or agenda modifications.

[7:57] Have they been

[7:58] >> Ransburg. Um

[7:59] staff will draw your attention to the

[8:01] item listed under old business

[8:04] DPR 2609

[8:07] Nirvana Sports.

[8:09] Um just Excuse me, the petitioners

[8:11] requesting a continuance to your

[8:12] September 28th hearing.

[8:14] Um as you may recall, you heard this

[8:18] at your June hearing and after hearing

[8:21] the case and having some concerns

[8:24] the petitioner um requested a

[8:26] continuance to your July hearing

[8:29] and then you didn't meet in July, but

[8:31] staff administratively continued it to

[8:34] um to this date.

[8:36] And one of the concerns was regarding

[8:40] shared parking that this property would

[8:44] um

[8:45] would rely upon on adjacent properties

[8:48] and

[8:49] after the June hearing, there was

[8:52] additional information submitted which

[8:53] called into question whether or not they

[8:56] had any existing um

[8:58] right to use adjacent properties for

[9:00] parking.

[9:02] At this time, they're continuing the

[9:04] petitioner is continuing to negotiate

[9:06] with uh adjacent property owners to try

[9:09] to

[9:10] um

[9:11] secure a shared parking agreement that

[9:13] would satisfy the parking requirement of

[9:15] the UDO.

[9:16] And so, staff has no objection to this

[9:19] continuance request to September 28th

[9:22] and we would suggest that that would

[9:24] likely be with additional legal notice

[9:26] required depending upon how they revise

[9:29] their request, but likely they will have

[9:32] um

[9:32] a revised waiver request that would

[9:34] require additional notice.

[9:37] >> So, we heard this in

[9:40] June.

[9:41] >> Correct.

[9:41] >> And it was agreed that we would go ahead

[9:43] and continue this. Was that a Was that a

[9:46] request from the petitioner?

[9:47] >> Yes.

[9:48] >> Okay, so that was their first

[9:50] automatic request and now this is an a

[9:52] request for continuance subject to

[9:54] approval by the commission, correct?

[9:56] >> Correct.

[9:57] >> Okay. And staff has no objection to

[9:58] this?

[9:59] >> Correct.

[10:00] >> Okay.

[10:03] Are there any questions for staff

[10:04] regarding this request for continuance?

[10:06] This would be the second continuance

[10:08] then.

[10:08] >> Second continuance request from the

[10:11] petitioner.

[10:11] >> From the petitioner, okay.

[10:12] >> And just to

[10:14] before you take a vote, I know there's a

[10:17] interested party here that wants to make

[10:19] some comment even though it's a

[10:20] continuance request. So.

[10:23] >> Okay.

[10:24] Um

[10:25] I Does anybody object to the interested

[10:27] party speaking?

[10:29] >> I did have a question regards the uh

[10:32] moving on to September 28th. How much

[10:35] time is considered customary for the

[10:37] legal notice?

[10:39] >> Uh legal notice needs to be

[10:41] both published and mailed 10 days prior

[10:44] to that hearing.

[10:45] >> So, there's you know, there's still be

[10:46] able to Yeah. Thank you.

[10:48] >> You're welcome.

[10:50] >> Okay.

[10:53] Um let's go ahead and take care of the

[10:54] continuance and then we'll hear from the interested party. Is that if that

[10:58] works for everybody?

[11:01] We like Do you think we should do that?

[11:02] >> I think if you continue with it then

[11:04] it's done.

[11:05] >> For tonight?

[11:06] >> Yes.

[11:07] >> Yeah. Okay, that's works for me. I have

[11:09] no feeling one way or the other.

[11:13] Okay, could the person who signed up to

[11:15] speak about

[11:17] Nirvana Sports please step forward.

[11:20] >> Just make sure you push the button so

[11:21] it's green there.

[11:23] >> Perfect. Hi. My name is Michael Sandy. I

[11:27] am uh general manager at Regal Cinemas,

[11:29] uh which our parcel butts up to Nirvana

[11:33] Sports

[11:34] and we were the ones that discovered

[11:40] and I just wanted to state that we are

[11:42] in negotiations with them.

[11:45] However,

[11:46] we haven't heard back from them since

[11:48] August.

[11:50] So,

[11:51] I just wanted to make sure you guys were

[11:52] aware that we have been talking with

[11:54] them. Um, and it's a three-way

[11:56] conversation with us, our landlord who

[11:59] owns the property

[12:01] and Nirvana.

[12:02] And that's it.

[12:03] >> It's cuz they were celebrating my

[12:04] birthday, so that's why they did it.

[12:06] >> There you go.

[12:06] >> I apologize.

[12:07] >> I'll remember that next year.

[12:08] >> I'm kidding. I'm kidding.

[12:11] Court of Appeals, I'm kidding.

[12:13] >> Yes.

[12:14] >> Okay.

[12:15] thank you Thank you very much.

[12:17] Appreciate that input.

[12:19] Okay,

[12:20] any further discussion or questions

[12:22] about the motion to continue?

[12:26] >> No.

[12:26] >> Not for me.

[12:29] >> If not, we'll hear a motion.

[12:31] To approve them grant the request for a

[12:34] continuance.

[12:34] >> Yes, I move that we continue DPR 2609

[12:38] at Nirvana Sports to the September 28

[12:40] 2026 Plan Commission meeting with

[12:43] additional legal notice likely required

[12:45] to be determined by staff.

[12:46] >> I'll second.

[12:47] >> Having heard a motion and a second,

[12:48] we'll now take a roll call vote.

[12:51] >> Rockenbaugh.

[12:52] >> Aye.

[12:53] >> Reed.

[12:53] >> For.

[12:54] >> Compton.

[12:55] >> For.

[12:55] >> Ransburg.

[12:56] >> For.

[12:58] >> Motion carries and DPR 2609 is now

[13:00] continued to the September 28 Plan

[13:02] Commission meeting.

[13:07] We now move on to new business beginning

[13:10] with DPR 2611, Misty Eyes Parking Lot

[13:13] Expansion.

[13:15] >> Cars for Kitties.

[13:17] >> Thank you, President Ransburg, members

[13:19] of the Commission.

[13:21] This is DPR 2611.

[13:23] Uh, the location is 616

[13:27] South County Road 800 East, which is

[13:29] also known as Dan Jones Road, um but

[13:32] they use a mailing address of of 800

[13:35] East.

[13:38] The parcel is 3.1 acres in size. It's

[13:41] zoned R2.

[13:43] And the use of the lot as an animal

[13:46] center was approved as a use variance,

[13:49] and that's why it's still zoned

[13:50] residentially.

[13:53] That use variance was granted in 2015.

[13:56] Uh was the variance was to have

[14:00] an animal center with adoption and

[14:02] education facility with no more than 50

[14:05] cats and 50 dogs to be housed on site.

[14:09] Then in 2018

[14:13] um I'll I'll show the the DPR, which is

[14:15] at the bottom there.

[14:17] Um

[14:19] was approved for three buildings, and

[14:22] I'll show you those on a site plan in a

[14:24] minute.

[14:25] Uh they were uh Kitty City, Canine

[14:28] Country, and then an education center.

[14:31] Uh one of those buildings has been

[14:33] built, but not the other two.

[14:35] And then the special exception and also

[14:37] in 2018

[14:39] was to allow for a gravel parking lot

[14:41] for a period of 3 years.

[14:43] Um that was modified in 2021

[14:47] to allow for the gravel to remain until

[14:49] 6 months after the completion of the Dan

[14:52] Jones widening project.

[15:03] » How long has um

[15:05] Misty Eyes been on that location?

[15:09] >> I'm sorry. Well, how long have they

[15:11] >> Have they been on that location?

[15:14] >> Well, they yes, they

[15:16] obtained their uh development plan

[15:18] review in 2018.

[15:19] >> 2018, okay.

[15:23] » So, this is a general location of the

[15:25] site. Um at the bottom is 100 South, and

[15:28] then the railroad is is to the north.

[15:31] And then this is Dan Jones or 800, and

[15:33] so it's outlined here in white.

[15:36] This is a zoomed-in

[15:38] um shot of the same property um

[15:43] with the eastern portion of the site as

[15:48] developed, and then the western portion

[15:49] of the site is still undeveloped.

[15:56] This is I already went over this with

[15:58] the the three buildings were approved,

[16:00] only one has been built, which is Kitty

[16:02] City. And then I talked about the gravel

[16:04] parking lot

[16:06] um that it was

[16:07] with the last modification was to allow

[16:10] the gravel for 6 months following the

[16:12] completion of the Dan Jones widening

[16:13] project, which was completed in 2023.

[16:21] This is a little hard to see, but this

[16:22] is the DPR site plan approved, which is

[16:25] in your packet, but it's might be a

[16:26] little bit hard to

[16:28] see here, but up in this area is the

[16:31] original home for the site, which was

[16:34] converted for the animal shelter use.

[16:38] Then this building here is Kitty City,

[16:41] which has been constructed.

[16:44] Then the long building would been Canine

[16:47] Country, has not been constructed, still

[16:49] in their future plans.

[16:51] And then the back of the site plan here

[16:53] is cut off, and then

[16:56] started again down here, which was going

[16:57] to be an education center.

[17:02] This is the site plan that's in your

[17:03] packet. This is what is proposed. So,

[17:06] again, Kitty City is here, original

[17:08] building's here.

[17:11] The gravel that's out there right now is

[17:14] not as large as what's seen here. It's simply on the the south side of the

[17:20] original building in Kitty City. They

[17:23] are planning on paving that

[17:25] and then extending it further to the

[17:27] west and then north around the back

[17:30] of the Kitty City building.

[17:35] Uh

[17:36] we've reviewed this in relation to the

[17:40] 2015 variance as well as the 2018

[17:44] um

[17:45] development plan review.

[17:47] The development plan review doesn't The

[17:50] site plan's not exactly what this is and

[17:53] that's why it's coming back to you, but

[17:54] we still believe it is

[17:56] um generally consistent with what was

[17:58] approved through the variance as well as

[18:00] the original development plan.

[18:03] And this would be satisfying the

[18:04] condition of the special exception that

[18:07] it be paved.

[18:09] Um

[18:10] additionally, it is zoned R2, but most

[18:14] of the development standards that we

[18:15] look at such as parking,

[18:17] lighting, bicycle parking still apply

[18:20] even though it's a residential district

[18:22] and those have all been reviewed and it

[18:24] is uh compliant with those regulations.

[18:29] And so, we are recommending approval

[18:32] with our standard three conditions and

[18:34] I'd be happy to answer any questions you

[18:36] have.

[18:47] » So, at what point do we consider this

[18:49] commercial property on residential

[18:52] land?

[18:52] >> So, it's commercial property in how it's

[18:55] used

[18:57] with a use variance, but it's still

[18:58] zoned residentially and the zoning will

[19:00] not change until

[19:02] they ask for a change in zoning.

[19:06] >> So, all of this is within the

[19:07] residential zoning code to do

[19:11] 50 space sparking a lot, multiple

[19:13] buildings.

[19:15] >> So the residential zoning doesn't permit

[19:18] by right a commercial building with

[19:20] commercial parking. That's what the use

[19:21] variance allowed for.

[19:23] So it's essentially saying it's zoned

[19:26] R2, but you have permission to do this

[19:28] one additional commercial use. We added

[19:30] that in.

[19:31] If they wanted to do

[19:32] >> how big the use is.

[19:34] >> It has to be generally consistent with

[19:36] the original proposal that came in

[19:40] and then the DPR from 2018 and that's as

[19:42] administrator

[19:44] what I determined that this is

[19:45] consistent enough with what was

[19:47] originally proposed

[19:49] that it doesn't need a new use variance

[19:51] to expand.

[19:53] >> Okay.

[19:53] >> So if they wanted to put a

[19:56] hair salon on the property, that would

[19:58] not be consistent with the original

[20:01] intent.

[20:01] >> Correct. That variance applies to this

[20:03] use and this use only. So any different

[20:05] use would have to come before or would

[20:08] they would have to rezone or

[20:10] um attempt for another use variance.

[20:13] >> Okay.

[20:21] » This has been expected for a while now

[20:24] because we had the gravel parking lot

[20:27] and then there was the extension of that

[20:29] because of the Dan Jones

[20:31] construction.

[20:33] >> Mhm.

[20:33] >> Um

[20:34] so this has been

[20:36] on our radar for quite some time.

[20:41] Anybody else have any more questions for

[20:44] staff?

[20:47] If not, we'll have the petitioner come

[20:48] forward.

[20:51] » Dale, do you need the pointer?

[20:53] >> Um yeah, probably.

[20:58] Yep.

[21:02] Hey, good evening. I'm Dale Cruz, Cruz

[21:04] Consulting, 7384 Business Center Drive

[21:06] in Avon.

[21:08] You can see me on behalf of Misty's

[21:09] Animal Shelter.

[21:11] And to your point on the the timing of

[21:14] this,

[21:15] so Misty's came to me

[21:18] years ago and asked me if I could help

[21:20] them with this project and I

[21:22] had no capacity. I didn't have time.

[21:24] There was not enough hours in the day.

[21:25] They hired

[21:27] another engineering company to to do

[21:29] this project for them.

[21:31] Whatever reason they were not able to

[21:32] get this project to the finish line.

[21:35] So they hired another engineering

[21:36] company.

[21:38] Same situation. They were not able to

[21:40] get the project to the finish line. So

[21:42] they came back to me and I told them the

[21:44] same thing. I don't have capacity for

[21:46] you guys right now. They said, "I don't

[21:49] care. We got to get this done. You're

[21:51] here in Avon. We just need you to get

[21:52] this done."

[21:53] So the timing of this that

[21:56] yes, the project was done the drainage

[21:58] widening project was done in 2023, but

[22:00] there have been they have been through

[22:01] the ringer on

[22:03] engineer, engineer, engineer and then

[22:05] waiting on me to get us

[22:07] to this point. So we're happy to be to

[22:09] this point and happy to have a plan in

[22:11] front of you that we feel like is in

[22:13] compliance with

[22:14] substantial client compliance with the

[22:16] original development plan. I think

[22:17] really the only difference between this

[22:19] plan and the one that was up there

[22:21] before is this parking lot right here.

[22:24] Originally the idea or the intent was

[22:26] for there for this parking lot right

[22:28] here to have parking spaces and a drive

[22:30] aisle and then parking spaces on the

[22:32] other side of the drive aisle, which

[22:34] would have

[22:35] made us not need to have these parking

[22:37] spaces right here to have our parking

[22:39] count be in compliance.

[22:40] But there isn't enough room there on the

[22:42] property to have the parking spaces on

[22:44] both sides of the drive aisle. So we

[22:45] only have parking spaces on one side of

[22:47] the drive aisle, which means we only get

[22:49] half the number of parking spaces along

[22:51] the east-west portion of the of the

[22:53] parking lot, which means we added this

[22:55] to the west end of the building to get our parking spaces to comply with

[22:59] the development standards.

[23:01] So that's really the reason what's different and that's really the

[23:04] reason why it's different and uh

[23:07] that's really all I have. This This

[23:08] petition tonight is really just asked

[23:10] for approval of the actual building

[23:12] construction.

[23:15] That's all I have. I'll be happy to

[23:16] answer questions if you have any.

[23:19] >> So, there This is still showing a gravel

[23:20] part portion. Is that going to stay

[23:22] gravel or is it going to all be paved?

[23:24] >> All going to be paved.

[23:25] >> Okay.

[23:27] » That's probably what you're seeing is

[23:28] our plan that shows what is currently

[23:30] gravel and what what is not, but the

[23:32] intent is for the

[23:33] whole thing to be paved.

[23:38] » And all of the parking is on the side.

[23:40] There's no parking out front. Correct?

[23:42] >> There The only The only part in the

[23:44] front is is they would use this

[23:46] occasionally to get people in and out of

[23:47] the building, but there's not parking

[23:48] spaces up there. The parking spaces are

[23:50] here.

[23:50] >> So, it's a drop-off kind of drop-in.

[23:52] Okay.

[23:59] Any other questions for the petitioner?

[24:04] No.

[24:05] Okay.

[24:06] Go ahead. Sit. Have a seat.

[24:08] >> Thank you.

[24:08] >> Is there anybody here who would like to

[24:10] speak out

[24:12] uh to remonstrate against this proposal?

[24:18] No. Is there anybody who would like to

[24:20] go ahead and come and speak in support

[24:23] of this proposal?

[24:27] I'm assuming you don't want to rebut the

[24:30] >> the loss of it.

[24:31] >> the non the lack of interest.

[24:36] Okay, very good.

[24:37] Um discussion.

[24:42] I I think this is

[24:44] I was looking at the two of this also

[24:46] isn't in con- it's contrary to the

[24:49] comprehensive plan as well, but this has

[24:51] been in place for quite some time. I

[24:53] don't think anybody after 8 years thinks

[24:56] this is any but anything but a

[24:59] um

[25:00] positive thing for the community. And

[25:03] having a paved parking lot, obviously,

[25:05] is much better than having a gravel

[25:06] parking lot, so.

[25:12] » Yeah, it seems in line with

[25:14] what was originally proposed from the

[25:16] DPR in the variance, so.

[25:17] >> Right.

[25:20] >> I generally agree with you. The variance

[25:22] was is quite old.

[25:24] >> Mhm.

[25:25] >> And

[25:28] I don't know if I can vote against this

[25:29] because it is compliant.

[25:32] I just think this is essentially a

[25:34] commercial property now.

[25:37] >> I don't disagree with

[25:38] >> lot and the more buildings you have

[25:40] >> I don't disagree with you on that,

[25:42] either. Um

[25:45] But so far, Misty Eyes has never

[25:48] approached

[25:50] anybody asking for them to be allowed to

[25:52] do anything other than what their

[25:54] mission is. And

[25:58] I I mean, I I agree with you.

[26:00] Technically, this is now commercial

[26:01] property.

[26:01] >> Yes.

[26:02] >> And I don't know if at some point that

[26:03] needs to be addressed in the zoning or

[26:05] maybe it doesn't. Do you have any

[26:07] thoughts on that, Mr. Taylor?

[26:09] >> Yeah, when they when they obtained their

[26:10] use variance, you said what what you

[26:13] said or the BZA said is it can be used

[26:16] for that purpose. That's now permitted

[26:18] by right.

[26:20] This particular use is permitted by

[26:22] right. So, even though it's zoned

[26:24] residential, they have a

[26:26] they've been granted the right to

[26:27] operate the business that they have.

[26:29] That's that's all they can do there,

[26:31] though. The nature of their business is

[26:33] commercial, but they have a specific

[26:35] grant from the town to do so.

[26:38] uh it essentially, when that

[26:40] happens, it is it operates exactly like

[26:43] it has been rezoned for that that

[26:46] specific purpose.

[26:48] And so, use variances are very rare,

[26:50] but once they have it, then they they

[26:52] this owner can use that and run with it

[26:55] as long as they can. So, it does kind of

[26:57] change the nature of the use of the

[26:59] property

[27:00] without the formal rezoning, but it has

[27:02] the same effect. Except that it only

[27:04] applies to this owner.

[27:06] >> Well, and

[27:07] is it still bound by 50 cats 50 dogs?

[27:10] >> I'm sorry.

[27:10] >> Is it still bound by no more than 50

[27:12] cats and 50 dogs?

[27:14] >> The conditions of the approval remain

[27:16] permanent

[27:17] unless they are changed and and they

[27:20] haven't been. So, yeah, those are origi-

[27:22] there were many conditions put on it

[27:24] as again, use variances are rare, so

[27:26] it's not unusual to see those and there

[27:28] were some very specific conditions put

[27:30] upon the scope of the business, size of

[27:32] the business, the parking lot

[27:34] development and all of that. So, in our in our eyes, when we look at a

[27:40] DPR,

[27:41] the use is really not the issue

[27:44] at all.

[27:45] You know, the use is if the use were not

[27:48] legal, then staff would come and tell

[27:49] us.

[27:50] But we look at the DPR, we're merely

[27:52] looking at whether or not the parking

[27:54] lot that Dale has submitted here on

[27:56] behalf of his client meets our

[27:59] development standards and any other

[28:01] requirements.

[28:03] There is a factor that it be

[28:06] consistent with the goals and purposes

[28:08] of the comp plan, but remember

[28:10] because the use is already been

[28:12] approved,

[28:13] it's really difficult to argue that's

[28:15] not true. We of course want the parking

[28:16] lot to be paved. You know, we want that.

[28:19] That's consistent, but so that's why

[28:22] DPRs are ministerial in nature. If they

[28:24] can show they've designed it to meet our

[28:26] standards and and the standards of any

[28:29] applicable ordinance um

[28:31] other than our zoning ordinance and

[28:33] subdivision control ordinance, then it

[28:35] becomes a ministerial approval, which is

[28:37] what I think we have here.

[28:39] >> And the use variance stays with the

[28:40] property, not the owner, correct?

[28:43] >> Well, it's Yeah, but it's only this use.

[28:46] >> Correct. Yes. Yes.

[28:47] >> Yeah, only this use.

[28:48] >> sold it, it could still only be for this

[28:50] use.

[28:51] >> Yeah, again, not really our concern.

[28:53] >> Right. Right.

[28:54] >> We're the planning commission.

[28:55] >> I was just clarifying kind of the

[28:56] restrictions of a of a um

[28:59] a variance use of variance that I'm not

[29:01] as familiar with. So, that's that was my

[29:03] discussion today.

[29:04] >> Yeah. Yeah, it's not really what you

[29:05] guys do. It's what's the BZA does and

[29:07] then they uh you're stuck with it. But

[29:09] yeah, I just I just never want the

[29:11] planning commission to run too far

[29:12] afield on use because that issue's

[29:15] already been decided.

[29:18] » Any further discussion on this

[29:21] particular proposal?

[29:25] If not, we'll entertain a motion.

[29:28] >> I move that we approve DPR 2611 Misty

[29:31] Ice Parking Lot Expansion Development

[29:33] Plan Review to allow for a parking lot

[29:35] expansion

[29:36] subject to the conditions listed in the

[29:38] staff report since it has satisfied all

[29:40] the requirements for a development plan

[29:42] review under state law and subject to

[29:44] the approved findings of fact.

[29:45] >> And I'll second.

[29:46] >> Having heard a motion and a second,

[29:48] we'll now take a roll call vote.

[29:49] >> Kaufman.

[29:50] >> For.

[29:51] >> Reed.

[29:51] >> For.

[29:52] >> Rockerbrand.

[29:52] >> For.

[29:53] >> Ransburg.

[29:54] >> For.

[29:56] And DPR 2611

[29:58] is approved.

[30:00] >> Thank you.

[30:04] And

[30:06] we now move to the last item on our

[30:09] agenda, which is MIP 2613 Radiant Bible

[30:13] Church.

[30:23] » Thank you.

[30:26] This is a minor plot that you're

[30:28] reviewing today for the Radiant Bible

[30:31] Church,

[30:32] which is located at 9870

[30:35] East US Highway 36 and 420 Gable

[30:38] Crossing Drive. The actual church

[30:40] building is at the Gable Crossing Drive

[30:43] address.

[30:45] The subject site consists of two

[30:47] previously platted lots in separate

[30:50] plats, and they are both lot one in each

[30:52] of those plats.

[30:55] Currently zoned C2, which is the

[30:57] southern portion,

[30:59] R1, which is the northern portion, and

[31:01] there's a small sliver of not really

[31:04] developable R5

[31:06] also on the site.

[31:08] And it does, because of the size of the

[31:09] property, it lies within all three tiers

[31:12] of US 36 overlay.

[31:17] It does have some history to it.

[31:20] Um

[31:22] the church itself was developed in

[31:24] 2012, and it was done along with a minor

[31:27] plat to create the lot for the church.

[31:30] And then

[31:32] uh there was a parking lot expansion in

[31:34] '16, and then in '18 there was another

[31:37] plat, which I'll show you, an

[31:38] administrative plat to combine two lots

[31:41] for the lower portion of this plat.

[31:44] So, here's the subject site.

[31:48] US 36 here, Gable Crossing Drive here.

[31:54] The church is located up here on the

[31:56] larger portion of the site.

[31:59] Um this is Walmart here. At Home is at

[32:02] this end of the shopping center.

[32:06] So, the larger

[32:08] part was platted as one lot, lot one,

[32:11] for the development of the church. And

[32:14] then there were two residential lots

[32:16] located on this portion.

[32:20] So, another lot or another plat was

[32:22] created later to combine those two lots

[32:25] into one lot.

[32:27] So, now we have what lot one up here for

[32:29] one plat, and lot one down here for

[32:31] another plat.

[32:33] And the purpose of this plat is to

[32:36] combine these two parcels into one lot.

[32:41] The church is

[32:42] desirous of combining all of the land

[32:45] that they own into one parcel.

[32:50] They've also indicated there's no

[32:53] development proposed at this time.

[32:57] And

[32:58] any new

[33:00] I want to note that any new development

[33:03] in the future would be required to use

[33:05] the Gable Drive frontage and they would

[33:08] not have access to US 36, although there

[33:11] are remaining remnant residential drives

[33:14] there.

[33:16] I want to touch on the trail that goes

[33:19] through this property.

[33:21] Um the Avon Bicycle Pedestrian Plan

[33:25] notes that a multi-use trail should go

[33:27] through this portion of town following

[33:30] the Avon drain.

[33:35] I hope I showed this map well enough.

[33:36] This is the northern portion of the

[33:39] property here.

[33:41] Already constructed trail are shown in

[33:44] red. So there's a red the trail going

[33:47] through this property around their

[33:48] parking lot.

[33:50] And then there's a trail up here in the

[33:52] Brookstone subdivision that comes to

[33:54] this point here.

[33:56] The plat that's already been approved

[33:58] and recorded showed a

[34:00] the future easement of this trail in

[34:02] white.

[34:05] And it only just dead end dead ended

[34:08] into these condo units over here.

[34:11] So we would prefer to connect the red

[34:15] and the red. So they are adding an

[34:17] easement here.

[34:19] And what's shown in green for future

[34:22] connection of this trail.

[34:24] So we have a full connection.

[34:27] And that is shown

[34:30] on page one of your

[34:35] uh handout.

[34:43] Uh I do want to note that we have had

[34:45] conversations with

[34:48] the property owner adjacent to this

[34:52] who lives um in this area in this corner

[34:56] that's kind of tucked in here.

[34:58] And they have some concerns about uh

[35:01] survey stakes that they're

[35:03] seeing out in the field. They're

[35:06] concerned that they are accurately

[35:08] located.

[35:10] They were unable to be here tonight.

[35:13] Um and we've asked for clarification

[35:16] from the surveyor that that those get

[35:19] rechecked and remarked if necessary.

[35:23] We've done the measurements on the plat.

[35:27] related to adjacent

[35:29] property lines and adjacent plats, and

[35:33] we believe this plat is accurate.

[35:36] Um but what the adjacent property owner

[35:38] showed me in the field was the property

[35:41] line corner, which is specifically the

[35:44] this one right here,

[35:46] look like it may have been off, but we

[35:48] don't know for sure until we get

[35:51] more details from

[35:53] a qualified surveyor to verify that with

[35:56] us.

[35:58] Um so

[36:00] on my conditions um here that I want

[36:04] this to get verified um prior to the

[36:07] plat being recorded. So I've added in

[36:10] addition to the three standard

[36:11] conditions that I usually recommend and

[36:14] that are in your staff report, I've

[36:15] added a fourth condition here

[36:18] that it's that the approval will be

[36:20] subject to verification of those survey

[36:23] markers

[36:24] to the satisfaction of the administrator

[36:26] prior to

[36:27] plat recording.

[36:33] And I'd be happy to answer any questions

[36:34] you have.

[36:36] >> Linda, can you go back to the slide that

[36:39] showed the trails?

[36:41] >> Uh-huh.

[36:51] » It's been a minute since So, that So,

[36:54] Gable Crossing

[36:56] What is it called? Gable Crossing

[36:58] >> Drive.

[37:01] Basically kind of empties into

[37:04] >> ends right here.

[37:05] >> into the parking lot. Yeah.

[37:06] >> And the the red trail is installed.

[37:10] The white would remain and then now

[37:12] connect to the green instead of going

[37:15] due west and dead end.

[37:17] >> So, the white is also pre-existing

[37:18] trail?

[37:19] >> There is that is not constructed yet.

[37:22] >> Okay. Okay.

[37:22] >> But that easement would remain and then

[37:24] the green would be added.

[37:26] >> Okay.

[37:27] >> So, we can get the connection through to

[37:29] Brookstone.

[37:31] >> And would

[37:35] I mean, they already own that it I guess

[37:36] this really doesn't have anything to do

[37:38] with the connecting combining of the

[37:39] plats. This has to do with the trails.

[37:41] Um

[37:43] Okay.

[37:46] » I'm sorry if I missed it. So, the the

[37:48] white portion there's already easement

[37:49] that's not developed. Is that what you

[37:51] said?

[37:51] >> So, the original plat Well, if you go

[37:54] way far back, there there was a an

[37:56] easement that they just generically put

[37:58] along the

[38:02] Avon ditch.

[38:04] Um but when the refinement of the

[38:06] building and where the trail was going

[38:08] to be, um it got relocated up through

[38:11] here where the the lower red portion is

[38:14] and then a a generic easement was just

[38:17] sent over due west and dead ended.

[38:20] None of this up here was developed yet.

[38:22] We didn't know where it was going to go.

[38:24] We were still thinking along the ditch

[38:25] somehow.

[38:27] Um getting

[38:29] through this area along the ditch in the

[38:30] flood plain and this is also county land

[38:33] here

[38:34] was

[38:37] not going to be the best route,

[38:39] especially when Brookstone came through

[38:41] and we were able to get this connection

[38:43] here. So,

[38:45] we're thankful that this plat has come

[38:46] along and it's able to we were able to

[38:49] make a good connection here for that

[38:51] trail system.

[38:56] » On on the conditions, you said you were

[38:58] adding one for the survey.

[38:59] >> Mhm.

[39:00] >> Is it

[39:01] >> It's number four here on the screen.

[39:03] >> than our packet. That's that's what I

[39:04] was missing.

[39:06] I was like, I see three.

[39:21] » Is there any

[39:23] So, where where Gable Crossing Drive

[39:27] connects to the drive going into the

[39:29] parking lot,

[39:31] does that that

[39:33] goes from being a public street to a

[39:35] private road?

[39:38] >> The motor vehicle portion, yes.

[39:42] >> Okay.

[39:42] >> The

[39:44] trail the multi-use trail has an access

[39:47] easement on it already.

[39:49] >> Okay.

[39:58] » I wish I could

[39:59] >> So, the plat would cross

[40:02] part of the public road

[40:04] if we made it one plat.

[40:07] >> No.

[40:08] >> One parcel, rather.

[40:09] >> I guess if you look behind you,

[40:11] it's a clearer than that one. Where this

[40:14] little strip here comes down,

[40:16] >> Right.

[40:16] >> would be added to this tree lot.

[40:18] >> Right.

[40:20] >> Essentially just eliminating that little

[40:23] property line right there.

[40:24] >> Okay, got you.

[40:26] Yeah, this is easier to see.

[40:27] >> Yeah.

[40:29] >> Just harder on my neck.

[40:32] Okay.

[40:34] » Are there any further questions for

[40:36] staff?

[40:40] If not, we'll have the petitioner come

[40:41] forward.

[40:48] » Um I don't My name's Morgan Reese with

[40:50] Innovative Engineering Consulting, 3961

[40:53] Whitestown or Perry Boulevard,

[40:55] Whitestown, Indiana. Um I don't have

[40:57] much more to add this um if you'll see

[41:00] on the plat, it was previously named

[41:03] Harvest.

[41:04] And so that's why there's the two names

[41:07] on there. Um now it's called Radiant

[41:09] Bible Church and

[41:11] uh yeah, just an administrative

[41:13] combining of the two just for

[41:15] bookkeeping on the church's end and

[41:19] yeah, I'm any questions?

[41:21] >> Okay.

[41:26] Is there anybody present who'd like to

[41:27] come forward in remonstration against

[41:29] this proposal?

[41:31] Is there anybody who'd like to come

[41:32] forward to support this proposal?

[41:38] I'm assuming that that means no.

[41:41] Rebuttal?

[41:44] Public comment is now closed. Uh

[41:46] discussion.

[41:53] I don't

[41:54] see why this I mean this seems like very

[41:57] it's just

[41:59] I was you answered my question. It it's

[42:00] like what is the purpose? Bookkeeping.

[42:03] And the less bookkeeping anybody can do

[42:05] the better.

[42:08] I would like less bookkeeping.

[42:11] But this seems pretty straightforward

[42:13] and as long as the

[42:16] I mean this doesn't seem like it'll

[42:17] impact

[42:19] anything else we have with regards to

[42:20] trails and easements and anything else.

[42:22] I don't know that there's any legitimate

[42:27] reason why we would not approve this.

[42:29] Unless somebody else would like to

[42:31] speak.

[42:32] >> All those zoning remains the same. No

[42:33] changes to any of that.

[42:35] >> Correct. Nothing changes with the

[42:36] zoning.

[42:38] >> Okay.

[42:38] >> Nothing we can do right now.

[42:39] >> All right.

[42:42] » Any further discussion?

[42:46] If not, we'll

[42:47] take a motion.

[42:48] >> I move that we approve MIP 26-03

[42:52] Radiant Bible Church a replat of Harvest

[42:56] Bible Indy West Section 1 into

[42:59] a request to combine two lots totaling

[43:01] 30.55

[43:03] acres into one lot subject to the

[43:06] conditions listed in the staff report

[43:08] including the additional uh number four

[43:11] subject to verification of the survey

[43:13] markers as presented this evening.

[43:15] Since it has satisfied all the

[43:17] requirements for preliminary approval of

[43:19] a minor plat under state law and subject

[43:22] to the approved findings of fact.

[43:26] » I'll second.

[43:27] >> Having heard a motion and a second,

[43:28] we'll now take a vote.

[43:31] >> Rockabrand.

[43:32] >> For.

[43:32] >> Reed.

[43:33] >> For.

[43:33] >> Kaufman.

[43:34] >> For.

[43:34] >> Ransburg.

[43:35] >> For.

[43:37] MIP 2603 is approved.

[43:41] We'll now move on to

[43:43] other business if there is any other

[43:45] business.

[43:48] Any business for the good of the order?

[43:51] Uh committee reports.

[43:56] » Redevelopment from July and August

[44:01] approval of invoices in addition to

[44:04] that.

[44:05] We've also had a 2027 budget

[44:08] introduction, Avon logistics phase two

[44:11] bond discussion,

[44:13] uh

[44:13] structure point uh fee amendment, and uh

[44:17] TIF pledging for hope two bonds, and

[44:21] also um

[44:23] discussion regarding Avon logistics TIF

[44:25] bond number two.

[44:29] » PZ A

[44:32] I know we had a meeting.

[44:37] » You did have a meeting.

[44:40] And you had one case on your agenda.

[44:43] And I believe it was approved if I

[44:44] recall correctly.

[44:46] >> It was.

[44:48] >> It's a special exception for the

[44:50] drive-through the new 7 Brews that'll be

[44:52] located at Shiloh Crossing.

[44:53] >> Thank you very much. And this is why I

[44:56] love staff.

[44:59] We also had Nirvana Sports on there and

[45:01] that got continued. Nirvana Sports, I

[45:03] believe, on the PZ agenda, and that got

[45:06] continued.

[45:07] >> No, that was just here.

[45:08] >> Okay.

[45:09] Um any other reports?

[45:17] Updates? Anything? Okay. In that case,

[45:20] we are adjourned.

Town of Avon Indiana Plan Commission Meeting - August 24th, 2026

Agenda

Transcript