1 00:01:59,760 --> 00:02:05,790 Hey. 2 00:02:05,800 --> 00:02:07,760 » Good evening. First of all, I apologize 3 00:02:07,760 --> 00:02:09,920 to everybody for the slight tardiness. 4 00:02:09,920 --> 00:02:12,720 Entirely my fault. So, you're happy to 5 00:02:12,720 --> 00:02:15,920 stick pins in the zombie voodoo dolls 6 00:02:15,920 --> 00:02:17,320 shaped like me if you want to. Thank 7 00:02:17,320 --> 00:02:18,120 you. 8 00:02:18,120 --> 00:02:19,720 Welcome to the Town of Avon Advisory 9 00:02:19,720 --> 00:02:21,400 Plan Commission meeting. If you are 10 00:02:21,400 --> 00:02:23,080 interested in having a copy of the 11 00:02:23,080 --> 00:02:25,120 agenda, they are available on the tables 12 00:02:25,120 --> 00:02:27,280 to the right of the audience. We will be 13 00:02:27,280 --> 00:02:29,200 conducting business as outlined on the 14 00:02:29,200 --> 00:02:31,760 agenda. From time to time, the board may 15 00:02:31,760 --> 00:02:34,000 deviate from the agenda and as president 16 00:02:34,000 --> 00:02:36,120 of this body, I will inform those in 17 00:02:36,120 --> 00:02:40,190 attendance of any deviations. 18 00:02:40,200 --> 00:02:42,000 This meeting is being recorded for the 19 00:02:42,000 --> 00:02:43,880 public record. Because of this, we 20 00:02:43,880 --> 00:02:45,800 request that personal conversations are 21 00:02:45,800 --> 00:02:47,880 kept to a minimum and that all cell 22 00:02:47,880 --> 00:02:50,280 phones are set to vibrate. All phone 23 00:02:50,280 --> 00:02:52,440 calls must be taken outside of the 24 00:02:52,440 --> 00:02:53,760 chambers. 25 00:02:53,760 --> 00:02:55,440 If you are interested in commenting 26 00:02:55,440 --> 00:02:57,240 during the public hearing portion of the 27 00:02:57,240 --> 00:02:59,519 commission's deliberations, please sign 28 00:02:59,519 --> 00:03:01,600 up on the sheets located on the tables 29 00:03:01,600 --> 00:03:03,440 to the right of the audience, right over 30 00:03:03,440 --> 00:03:04,360 there. 31 00:03:04,360 --> 00:03:06,080 When your name is called, please step 32 00:03:06,080 --> 00:03:07,959 forward to the podium and state your 33 00:03:07,959 --> 00:03:11,120 name and address for the record. Please 34 00:03:11,120 --> 00:03:13,200 address your comments to the board and 35 00:03:13,200 --> 00:03:16,160 not to staff or to the petitioner. 36 00:03:16,160 --> 00:03:18,120 Your comments should relate directly to 37 00:03:18,120 --> 00:03:19,800 the case at hand. 38 00:03:19,800 --> 00:03:21,720 During the comment During the conduct of 39 00:03:21,720 --> 00:03:23,560 the public hearing portion of the 40 00:03:23,560 --> 00:03:25,760 commission's deliberations, the 41 00:03:25,760 --> 00:03:27,440 petitioner will have 10 minutes to 42 00:03:27,440 --> 00:03:29,840 present their case to the commission. 43 00:03:29,840 --> 00:03:31,920 Remonstrators will have 10 minutes to 44 00:03:31,920 --> 00:03:34,280 present objections to the commission. 45 00:03:34,280 --> 00:03:36,519 And persons in support of the petition, 46 00:03:36,519 --> 00:03:38,880 other than the petitioner, will have 10 47 00:03:38,880 --> 00:03:40,560 minutes to present support for the 48 00:03:40,560 --> 00:03:43,040 petition. Finally, the petitioner will 49 00:03:43,040 --> 00:03:44,840 close the public hearing portion of the 50 00:03:44,840 --> 00:03:47,320 presentation with a 5-minute rebuttal 51 00:03:47,320 --> 00:03:48,680 period. 52 00:03:48,680 --> 00:03:50,920 Once the public hearing is closed, no 53 00:03:50,920 --> 00:03:53,160 additional testimony will be heard 54 00:03:53,160 --> 00:03:55,720 unless it is solicited by the members of 55 00:03:55,720 --> 00:03:57,720 the commission during the question and 56 00:03:57,720 --> 00:03:59,200 answer phase of the commission's 57 00:03:59,200 --> 00:04:02,670 deliberations. 58 00:04:02,680 --> 00:04:04,920 Subdivision plat and development plan 59 00:04:04,920 --> 00:04:07,880 petitions are ministerial requests, 60 00:04:07,880 --> 00:04:10,160 meaning that if the proposal meets the 61 00:04:10,160 --> 00:04:12,880 requirements set forth in the town's 62 00:04:12,880 --> 00:04:15,360 development ordinances, the plan 63 00:04:15,360 --> 00:04:18,160 commission must approve the request by 64 00:04:18,160 --> 00:04:19,519 state law. 65 00:04:19,519 --> 00:04:22,120 In the interest of transparency, state 66 00:04:22,120 --> 00:04:24,200 law requires that a plan commission hold 67 00:04:24,200 --> 00:04:26,680 a public hearing even if the development 68 00:04:26,680 --> 00:04:29,360 proposal must be approved. 69 00:04:29,360 --> 00:04:30,960 Responses to public comments and 70 00:04:30,960 --> 00:04:32,880 questions may be given once the public 71 00:04:32,880 --> 00:04:35,160 hearing portion is closed. 72 00:04:35,160 --> 00:04:36,480 We understand there may be several 73 00:04:36,480 --> 00:04:40,280 persons, excuse me, who wish to speak. 74 00:04:40,280 --> 00:04:41,720 In order to keep the meeting running in 75 00:04:41,720 --> 00:04:43,760 a timely fashion, we would request that 76 00:04:43,760 --> 00:04:46,360 you not repeat not repeat previous 77 00:04:46,360 --> 00:04:47,600 comments. 78 00:04:47,600 --> 00:04:48,840 Thank you for your assistance in 79 00:04:48,840 --> 00:04:51,400 facilitating a respectful, fair, and 80 00:04:51,400 --> 00:04:53,400 timely meeting, and again, welcome to 81 00:04:53,400 --> 00:04:54,760 our meeting. Please stand for the 82 00:04:54,760 --> 00:05:00,110 pledge. 83 00:05:00,120 --> 00:05:03,000 » I pledge allegiance to the flag of the 84 00:05:03,000 --> 00:05:05,360 United States of America, 85 00:05:05,360 --> 00:05:08,560 and to the republic for which it stands, 86 00:05:08,560 --> 00:05:10,880 one nation under God, 87 00:05:10,880 --> 00:05:13,840 indivisible, with liberty and justice 88 00:05:13,840 --> 00:05:19,390 for all. 89 00:05:19,400 --> 00:05:23,590 » And we will now do a roll call. 90 00:05:23,600 --> 00:05:24,880 » Andrew Rockabrand. 91 00:05:24,880 --> 00:05:26,040 >> Here. 92 00:05:26,040 --> 00:05:26,919 >> Bill Reed. 93 00:05:26,919 --> 00:05:28,040 >> Here. 94 00:05:28,040 --> 00:05:29,120 >> Dave Kaufman. 95 00:05:29,120 --> 00:05:30,280 >> Here. 96 00:05:30,280 --> 00:05:31,640 >> Katherine Ransburg. 97 00:05:31,640 --> 00:05:32,800 >> Here. 98 00:05:32,800 --> 00:05:36,680 >> Paul Guggenberger is absent. Greg Zuzan, 99 00:05:36,680 --> 00:05:38,360 absent. 100 00:05:38,360 --> 00:05:43,830 And Jennifer Spencer, absent. 101 00:05:43,840 --> 00:05:46,280 » So, we do have a quorum. However, I 102 00:05:46,280 --> 00:05:48,600 would let anyone who is here tonight to 103 00:05:48,600 --> 00:05:50,840 make a presentation know that if you 104 00:05:50,840 --> 00:05:53,240 would prefer to have your hearing or 105 00:05:53,240 --> 00:05:55,080 your proposal heard by the entire 106 00:05:55,080 --> 00:05:58,920 commission, you do have the ability to 107 00:05:58,920 --> 00:06:02,280 ask for a continuance. We have 108 00:06:02,280 --> 00:06:06,720 four of the seven commissioners here 109 00:06:06,720 --> 00:06:10,400 tonight. So, that's something that you 110 00:06:10,400 --> 00:06:12,120 might want to think about. 111 00:06:12,120 --> 00:06:13,680 Okay. 112 00:06:13,680 --> 00:06:15,320 Approval of the meeting minutes. I 113 00:06:15,320 --> 00:06:17,040 understand that everyone has received a 114 00:06:17,040 --> 00:06:18,800 copy of the revised meeting minutes. Is 115 00:06:18,800 --> 00:06:21,080 that correct? It has both all the pages 116 00:06:21,080 --> 00:06:25,990 on it. 117 00:06:26,000 --> 00:06:28,120 And does anybody have any 118 00:06:28,120 --> 00:06:30,320 edits, corrections, drafts, anything 119 00:06:30,320 --> 00:06:35,430 like that? 120 00:06:35,440 --> 00:06:39,950 If not, we'll take a motion to approve. 121 00:06:39,960 --> 00:06:41,520 » I will go ahead and make a motion to 122 00:06:41,520 --> 00:06:44,960 approve the June 22nd, 2026 meeting 123 00:06:44,960 --> 00:06:46,360 minutes as presented. 124 00:06:46,360 --> 00:06:47,640 >> Okay, do we hear a second? 125 00:06:47,640 --> 00:06:48,600 >> I'll second. 126 00:06:48,600 --> 00:06:50,160 >> Having had a motion and a second, all in 127 00:06:50,160 --> 00:06:51,200 favor say I. 128 00:06:51,200 --> 00:06:52,120 >> I. 129 00:06:52,120 --> 00:06:55,120 >> Meeting minutes from May 26th are 130 00:06:55,120 --> 00:06:57,840 approved. 131 00:06:57,840 --> 00:06:59,800 >> That's actually the the June minutes. 132 00:06:59,800 --> 00:07:04,430 >> Oh, the June minutes. I apologize. 133 00:07:04,440 --> 00:07:06,600 Yep, June minutes. Thank you. 134 00:07:06,600 --> 00:07:09,960 Um, we now come to the public comment 135 00:07:09,960 --> 00:07:11,800 portion of the meeting. This is the 136 00:07:11,800 --> 00:07:14,240 opportunity for anybody who is present 137 00:07:14,240 --> 00:07:16,280 to speak about anything else that is 138 00:07:16,280 --> 00:07:18,040 going on that you'd like the commission 139 00:07:18,040 --> 00:07:20,840 to hear other than what's on the agenda. 140 00:07:20,840 --> 00:07:22,600 If you want to speak about what's on the 141 00:07:22,600 --> 00:07:24,160 agenda, then just wait till that 142 00:07:24,160 --> 00:07:25,600 portion, but if there's something else 143 00:07:25,600 --> 00:07:28,840 you'd like to talk about, um, 144 00:07:28,840 --> 00:07:31,280 marching band is too good, anything like 145 00:07:31,280 --> 00:07:33,760 that, uh, this is your time to come 146 00:07:33,760 --> 00:07:36,000 forward and speak to the commission. Is 147 00:07:36,000 --> 00:07:37,400 there anybody who'd like to step forward 148 00:07:37,400 --> 00:07:42,190 or is anybody signed up to come speak? 149 00:07:42,200 --> 00:07:44,040 In the public public comment, anybody 150 00:07:44,040 --> 00:07:45,480 who'd like to speak about something 151 00:07:45,480 --> 00:07:48,080 other than what's on the agenda? 152 00:07:48,080 --> 00:07:49,880 If not, then the public comment portion 153 00:07:49,880 --> 00:07:51,480 is closed. 154 00:07:51,480 --> 00:07:52,760 We now move on to the request for 155 00:07:52,760 --> 00:07:57,320 continuances or agenda modifications. 156 00:07:57,320 --> 00:07:58,040 Have they been 157 00:07:58,040 --> 00:07:59,720 >> Ransburg. Um 158 00:07:59,720 --> 00:08:01,480 staff will draw your attention to the 159 00:08:01,480 --> 00:08:04,400 item listed under old business 160 00:08:04,400 --> 00:08:07,120 DPR 2609 161 00:08:07,120 --> 00:08:09,080 Nirvana Sports. 162 00:08:09,080 --> 00:08:11,240 Um just Excuse me, the petitioners 163 00:08:11,240 --> 00:08:12,720 requesting a continuance to your 164 00:08:12,720 --> 00:08:14,960 September 28th hearing. 165 00:08:14,960 --> 00:08:18,360 Um as you may recall, you heard this 166 00:08:18,360 --> 00:08:21,360 at your June hearing and after hearing 167 00:08:21,360 --> 00:08:24,120 the case and having some concerns 168 00:08:24,120 --> 00:08:26,240 the petitioner um requested a 169 00:08:26,240 --> 00:08:29,040 continuance to your July hearing 170 00:08:29,040 --> 00:08:31,520 and then you didn't meet in July, but 171 00:08:31,520 --> 00:08:34,560 staff administratively continued it to 172 00:08:34,560 --> 00:08:36,840 um to this date. 173 00:08:36,840 --> 00:08:40,360 And one of the concerns was regarding 174 00:08:40,360 --> 00:08:44,560 shared parking that this property would 175 00:08:44,560 --> 00:08:45,640 um 176 00:08:45,640 --> 00:08:48,520 would rely upon on adjacent properties 177 00:08:48,520 --> 00:08:49,839 and 178 00:08:49,839 --> 00:08:52,320 after the June hearing, there was 179 00:08:52,320 --> 00:08:53,960 additional information submitted which 180 00:08:53,960 --> 00:08:56,400 called into question whether or not they 181 00:08:56,400 --> 00:08:58,800 had any existing um 182 00:08:58,800 --> 00:09:00,560 right to use adjacent properties for 183 00:09:00,560 --> 00:09:02,480 parking. 184 00:09:02,480 --> 00:09:04,440 At this time, they're continuing the 185 00:09:04,440 --> 00:09:06,120 petitioner is continuing to negotiate 186 00:09:06,120 --> 00:09:09,120 with uh adjacent property owners to try 187 00:09:09,120 --> 00:09:10,400 to 188 00:09:10,400 --> 00:09:11,760 um 189 00:09:11,760 --> 00:09:13,720 secure a shared parking agreement that 190 00:09:13,720 --> 00:09:15,280 would satisfy the parking requirement of 191 00:09:15,280 --> 00:09:16,839 the UDO. 192 00:09:16,839 --> 00:09:19,640 And so, staff has no objection to this 193 00:09:19,640 --> 00:09:22,120 continuance request to September 28th 194 00:09:22,120 --> 00:09:24,480 and we would suggest that that would 195 00:09:24,480 --> 00:09:26,400 likely be with additional legal notice 196 00:09:26,400 --> 00:09:29,320 required depending upon how they revise 197 00:09:29,320 --> 00:09:32,360 their request, but likely they will have 198 00:09:32,360 --> 00:09:32,920 um 199 00:09:32,920 --> 00:09:34,680 a revised waiver request that would 200 00:09:34,680 --> 00:09:37,320 require additional notice. 201 00:09:37,320 --> 00:09:40,440 >> So, we heard this in 202 00:09:40,440 --> 00:09:41,240 June. 203 00:09:41,240 --> 00:09:41,800 >> Correct. 204 00:09:41,800 --> 00:09:43,680 >> And it was agreed that we would go ahead 205 00:09:43,680 --> 00:09:46,160 and continue this. Was that a Was that a 206 00:09:46,160 --> 00:09:47,960 request from the petitioner? 207 00:09:47,960 --> 00:09:48,440 >> Yes. 208 00:09:48,440 --> 00:09:50,480 >> Okay, so that was their first 209 00:09:50,480 --> 00:09:52,600 automatic request and now this is an a 210 00:09:52,600 --> 00:09:54,880 request for continuance subject to 211 00:09:54,880 --> 00:09:56,320 approval by the commission, correct? 212 00:09:56,320 --> 00:09:57,000 >> Correct. 213 00:09:57,000 --> 00:09:58,800 >> Okay. And staff has no objection to 214 00:09:58,800 --> 00:09:59,840 this? 215 00:09:59,840 --> 00:10:00,880 >> Correct. 216 00:10:00,880 --> 00:10:03,000 >> Okay. 217 00:10:03,000 --> 00:10:04,600 Are there any questions for staff 218 00:10:04,600 --> 00:10:06,400 regarding this request for continuance? 219 00:10:06,400 --> 00:10:08,600 This would be the second continuance 220 00:10:08,600 --> 00:10:08,920 then. 221 00:10:08,920 --> 00:10:11,200 >> Second continuance request from the 222 00:10:11,200 --> 00:10:11,840 petitioner. 223 00:10:11,840 --> 00:10:12,840 >> From the petitioner, okay. 224 00:10:12,840 --> 00:10:14,640 >> And just to 225 00:10:14,640 --> 00:10:17,840 before you take a vote, I know there's a 226 00:10:17,840 --> 00:10:19,240 interested party here that wants to make 227 00:10:19,240 --> 00:10:20,760 some comment even though it's a 228 00:10:20,760 --> 00:10:23,040 continuance request. So. 229 00:10:23,040 --> 00:10:24,280 >> Okay. 230 00:10:24,280 --> 00:10:25,480 Um 231 00:10:25,480 --> 00:10:27,520 I Does anybody object to the interested 232 00:10:27,520 --> 00:10:29,920 party speaking? 233 00:10:29,920 --> 00:10:32,760 >> I did have a question regards the uh 234 00:10:32,760 --> 00:10:35,760 moving on to September 28th. How much 235 00:10:35,760 --> 00:10:37,680 time is considered customary for the 236 00:10:37,680 --> 00:10:39,240 legal notice? 237 00:10:39,240 --> 00:10:41,600 >> Uh legal notice needs to be 238 00:10:41,600 --> 00:10:44,040 both published and mailed 10 days prior 239 00:10:44,040 --> 00:10:45,200 to that hearing. 240 00:10:45,200 --> 00:10:46,440 >> So, there's you know, there's still be 241 00:10:46,440 --> 00:10:48,560 able to Yeah. Thank you. 242 00:10:48,560 --> 00:10:50,320 >> You're welcome. 243 00:10:50,320 --> 00:10:52,990 >> Okay. 244 00:10:53,000 --> 00:10:54,600 Um let's go ahead and take care of the 245 00:10:54,600 --> 00:10:58,440 continuance and then we'll hear from the interested party. Is that if that 246 00:10:58,440 --> 00:11:01,360 works for everybody? 247 00:11:01,360 --> 00:11:02,839 We like Do you think we should do that? 248 00:11:02,839 --> 00:11:04,160 >> I think if you continue with it then 249 00:11:04,160 --> 00:11:05,960 it's done. 250 00:11:05,960 --> 00:11:06,880 >> For tonight? 251 00:11:06,880 --> 00:11:07,240 >> Yes. 252 00:11:07,240 --> 00:11:09,640 >> Yeah. Okay, that's works for me. I have 253 00:11:09,640 --> 00:11:13,720 no feeling one way or the other. 254 00:11:13,720 --> 00:11:15,240 Okay, could the person who signed up to 255 00:11:15,240 --> 00:11:17,000 speak about 256 00:11:17,000 --> 00:11:20,560 Nirvana Sports please step forward. 257 00:11:20,560 --> 00:11:21,960 >> Just make sure you push the button so 258 00:11:21,960 --> 00:11:23,720 it's green there. 259 00:11:23,720 --> 00:11:27,160 >> Perfect. Hi. My name is Michael Sandy. I 260 00:11:27,160 --> 00:11:29,760 am uh general manager at Regal Cinemas, 261 00:11:29,760 --> 00:11:33,520 uh which our parcel butts up to Nirvana 262 00:11:33,520 --> 00:11:34,600 Sports 263 00:11:34,600 --> 00:11:40,470 and we were the ones that discovered 264 00:11:40,480 --> 00:11:42,880 and I just wanted to state that we are 265 00:11:42,880 --> 00:11:45,400 in negotiations with them. 266 00:11:45,400 --> 00:11:46,840 However, 267 00:11:46,840 --> 00:11:48,000 we haven't heard back from them since 268 00:11:48,000 --> 00:11:50,000 August. 269 00:11:50,000 --> 00:11:51,200 So, 270 00:11:51,200 --> 00:11:52,440 I just wanted to make sure you guys were 271 00:11:52,440 --> 00:11:54,040 aware that we have been talking with 272 00:11:54,040 --> 00:11:56,880 them. Um, and it's a three-way 273 00:11:56,880 --> 00:11:59,440 conversation with us, our landlord who 274 00:11:59,440 --> 00:12:01,120 owns the property 275 00:12:01,120 --> 00:12:02,640 and Nirvana. 276 00:12:02,640 --> 00:12:03,600 And that's it. 277 00:12:03,600 --> 00:12:04,720 >> It's cuz they were celebrating my 278 00:12:04,720 --> 00:12:06,280 birthday, so that's why they did it. 279 00:12:06,280 --> 00:12:06,920 >> There you go. 280 00:12:06,920 --> 00:12:07,640 >> I apologize. 281 00:12:07,640 --> 00:12:08,560 >> I'll remember that next year. 282 00:12:08,560 --> 00:12:11,880 >> I'm kidding. I'm kidding. 283 00:12:11,880 --> 00:12:13,320 Court of Appeals, I'm kidding. 284 00:12:13,320 --> 00:12:14,120 >> Yes. 285 00:12:14,120 --> 00:12:15,840 >> Okay. 286 00:12:15,840 --> 00:12:17,440 thank you Thank you very much. 287 00:12:17,440 --> 00:12:19,600 Appreciate that input. 288 00:12:19,600 --> 00:12:20,880 Okay, 289 00:12:20,880 --> 00:12:22,800 any further discussion or questions 290 00:12:22,800 --> 00:12:26,280 about the motion to continue? 291 00:12:26,280 --> 00:12:26,920 >> No. 292 00:12:26,920 --> 00:12:29,080 >> Not for me. 293 00:12:29,080 --> 00:12:31,680 >> If not, we'll hear a motion. 294 00:12:31,680 --> 00:12:34,000 To approve them grant the request for a 295 00:12:34,000 --> 00:12:34,640 continuance. 296 00:12:34,640 --> 00:12:38,080 >> Yes, I move that we continue DPR 2609 297 00:12:38,080 --> 00:12:40,640 at Nirvana Sports to the September 28 298 00:12:40,640 --> 00:12:43,560 2026 Plan Commission meeting with 299 00:12:43,560 --> 00:12:45,200 additional legal notice likely required 300 00:12:45,200 --> 00:12:46,839 to be determined by staff. 301 00:12:46,839 --> 00:12:47,720 >> I'll second. 302 00:12:47,720 --> 00:12:48,839 >> Having heard a motion and a second, 303 00:12:48,839 --> 00:12:51,280 we'll now take a roll call vote. 304 00:12:51,280 --> 00:12:52,000 >> Rockenbaugh. 305 00:12:52,000 --> 00:12:53,120 >> Aye. 306 00:12:53,120 --> 00:12:53,800 >> Reed. 307 00:12:53,800 --> 00:12:54,480 >> For. 308 00:12:54,480 --> 00:12:55,160 >> Compton. 309 00:12:55,160 --> 00:12:55,760 >> For. 310 00:12:55,760 --> 00:12:56,400 >> Ransburg. 311 00:12:56,400 --> 00:12:58,000 >> For. 312 00:12:58,000 --> 00:13:00,440 >> Motion carries and DPR 2609 is now 313 00:13:00,440 --> 00:13:02,440 continued to the September 28 Plan 314 00:13:02,440 --> 00:13:07,390 Commission meeting. 315 00:13:07,400 --> 00:13:10,280 We now move on to new business beginning 316 00:13:10,280 --> 00:13:13,520 with DPR 2611, Misty Eyes Parking Lot 317 00:13:13,520 --> 00:13:15,600 Expansion. 318 00:13:15,600 --> 00:13:17,640 >> Cars for Kitties. 319 00:13:17,640 --> 00:13:19,560 >> Thank you, President Ransburg, members 320 00:13:19,560 --> 00:13:21,360 of the Commission. 321 00:13:21,360 --> 00:13:23,920 This is DPR 2611. 322 00:13:23,920 --> 00:13:27,080 Uh, the location is 616 323 00:13:27,080 --> 00:13:29,280 South County Road 800 East, which is 324 00:13:29,280 --> 00:13:32,200 also known as Dan Jones Road, um but 325 00:13:32,200 --> 00:13:35,120 they use a mailing address of of 800 326 00:13:35,120 --> 00:13:37,990 East. 327 00:13:38,000 --> 00:13:41,480 The parcel is 3.1 acres in size. It's 328 00:13:41,480 --> 00:13:43,320 zoned R2. 329 00:13:43,320 --> 00:13:46,560 And the use of the lot as an animal 330 00:13:46,560 --> 00:13:49,120 center was approved as a use variance, 331 00:13:49,120 --> 00:13:50,880 and that's why it's still zoned 332 00:13:50,880 --> 00:13:53,000 residentially. 333 00:13:53,000 --> 00:13:56,640 That use variance was granted in 2015. 334 00:13:56,640 --> 00:14:00,400 Uh was the variance was to have 335 00:14:00,400 --> 00:14:02,480 an animal center with adoption and 336 00:14:02,480 --> 00:14:05,600 education facility with no more than 50 337 00:14:05,600 --> 00:14:09,960 cats and 50 dogs to be housed on site. 338 00:14:09,960 --> 00:14:13,040 Then in 2018 339 00:14:13,040 --> 00:14:15,960 um I'll I'll show the the DPR, which is 340 00:14:15,960 --> 00:14:17,640 at the bottom there. 341 00:14:17,640 --> 00:14:19,520 Um 342 00:14:19,520 --> 00:14:22,320 was approved for three buildings, and 343 00:14:22,320 --> 00:14:24,000 I'll show you those on a site plan in a 344 00:14:24,000 --> 00:14:25,400 minute. 345 00:14:25,400 --> 00:14:28,800 Uh they were uh Kitty City, Canine 346 00:14:28,800 --> 00:14:31,920 Country, and then an education center. 347 00:14:31,920 --> 00:14:33,320 Uh one of those buildings has been 348 00:14:33,320 --> 00:14:35,480 built, but not the other two. 349 00:14:35,480 --> 00:14:37,640 And then the special exception and also 350 00:14:37,640 --> 00:14:39,360 in 2018 351 00:14:39,360 --> 00:14:41,240 was to allow for a gravel parking lot 352 00:14:41,240 --> 00:14:43,800 for a period of 3 years. 353 00:14:43,800 --> 00:14:47,440 Um that was modified in 2021 354 00:14:47,440 --> 00:14:49,839 to allow for the gravel to remain until 355 00:14:49,839 --> 00:14:52,560 6 months after the completion of the Dan 356 00:14:52,560 --> 00:15:03,670 Jones widening project. 357 00:15:03,680 --> 00:15:05,800 » How long has um 358 00:15:05,800 --> 00:15:09,400 Misty Eyes been on that location? 359 00:15:09,400 --> 00:15:11,720 >> I'm sorry. Well, how long have they 360 00:15:11,720 --> 00:15:14,520 >> Have they been on that location? 361 00:15:14,520 --> 00:15:16,320 >> Well, they yes, they 362 00:15:16,320 --> 00:15:18,200 obtained their uh development plan 363 00:15:18,200 --> 00:15:19,720 review in 2018. 364 00:15:19,720 --> 00:15:23,430 >> 2018, okay. 365 00:15:23,440 --> 00:15:25,880 » So, this is a general location of the 366 00:15:25,880 --> 00:15:28,720 site. Um at the bottom is 100 South, and 367 00:15:28,720 --> 00:15:31,600 then the railroad is is to the north. 368 00:15:31,600 --> 00:15:33,800 And then this is Dan Jones or 800, and 369 00:15:33,800 --> 00:15:36,200 so it's outlined here in white. 370 00:15:36,200 --> 00:15:38,040 This is a zoomed-in 371 00:15:38,040 --> 00:15:43,520 um shot of the same property um 372 00:15:43,520 --> 00:15:48,160 with the eastern portion of the site as 373 00:15:48,160 --> 00:15:49,920 developed, and then the western portion 374 00:15:49,920 --> 00:15:56,590 of the site is still undeveloped. 375 00:15:56,600 --> 00:15:58,680 This is I already went over this with 376 00:15:58,680 --> 00:16:00,680 the the three buildings were approved, 377 00:16:00,680 --> 00:16:02,440 only one has been built, which is Kitty 378 00:16:02,440 --> 00:16:04,760 City. And then I talked about the gravel 379 00:16:04,760 --> 00:16:06,280 parking lot 380 00:16:06,280 --> 00:16:07,960 um that it was 381 00:16:07,960 --> 00:16:10,080 with the last modification was to allow 382 00:16:10,080 --> 00:16:12,120 the gravel for 6 months following the 383 00:16:12,120 --> 00:16:13,960 completion of the Dan Jones widening 384 00:16:13,960 --> 00:16:20,990 project, which was completed in 2023. 385 00:16:21,000 --> 00:16:22,640 This is a little hard to see, but this 386 00:16:22,640 --> 00:16:25,200 is the DPR site plan approved, which is 387 00:16:25,200 --> 00:16:26,920 in your packet, but it's might be a 388 00:16:26,920 --> 00:16:28,440 little bit hard to 389 00:16:28,440 --> 00:16:31,120 see here, but up in this area is the 390 00:16:31,120 --> 00:16:34,240 original home for the site, which was 391 00:16:34,240 --> 00:16:38,160 converted for the animal shelter use. 392 00:16:38,160 --> 00:16:41,240 Then this building here is Kitty City, 393 00:16:41,240 --> 00:16:44,000 which has been constructed. 394 00:16:44,000 --> 00:16:47,000 Then the long building would been Canine 395 00:16:47,000 --> 00:16:49,520 Country, has not been constructed, still 396 00:16:49,520 --> 00:16:51,600 in their future plans. 397 00:16:51,600 --> 00:16:53,960 And then the back of the site plan here 398 00:16:53,960 --> 00:16:56,000 is cut off, and then 399 00:16:56,000 --> 00:16:57,720 started again down here, which was going 400 00:16:57,720 --> 00:17:02,070 to be an education center. 401 00:17:02,080 --> 00:17:03,480 This is the site plan that's in your 402 00:17:03,480 --> 00:17:06,520 packet. This is what is proposed. So, 403 00:17:06,520 --> 00:17:08,959 again, Kitty City is here, original 404 00:17:08,959 --> 00:17:11,680 building's here. 405 00:17:11,680 --> 00:17:14,240 The gravel that's out there right now is 406 00:17:14,240 --> 00:17:20,959 not as large as what's seen here. It's simply on the the south side of the 407 00:17:20,959 --> 00:17:23,280 original building in Kitty City. They 408 00:17:23,280 --> 00:17:25,760 are planning on paving that 409 00:17:25,760 --> 00:17:27,760 and then extending it further to the 410 00:17:27,760 --> 00:17:30,880 west and then north around the back 411 00:17:30,880 --> 00:17:35,710 of the Kitty City building. 412 00:17:35,720 --> 00:17:36,600 Uh 413 00:17:36,600 --> 00:17:40,280 we've reviewed this in relation to the 414 00:17:40,280 --> 00:17:44,480 2015 variance as well as the 2018 415 00:17:44,480 --> 00:17:45,080 um 416 00:17:45,080 --> 00:17:47,240 development plan review. 417 00:17:47,240 --> 00:17:50,320 The development plan review doesn't The 418 00:17:50,320 --> 00:17:53,240 site plan's not exactly what this is and 419 00:17:53,240 --> 00:17:54,760 that's why it's coming back to you, but 420 00:17:54,760 --> 00:17:56,720 we still believe it is 421 00:17:56,720 --> 00:17:58,680 um generally consistent with what was 422 00:17:58,680 --> 00:18:00,680 approved through the variance as well as 423 00:18:00,680 --> 00:18:03,080 the original development plan. 424 00:18:03,080 --> 00:18:04,800 And this would be satisfying the 425 00:18:04,800 --> 00:18:07,080 condition of the special exception that 426 00:18:07,080 --> 00:18:09,600 it be paved. 427 00:18:09,600 --> 00:18:10,640 Um 428 00:18:10,640 --> 00:18:14,200 additionally, it is zoned R2, but most 429 00:18:14,200 --> 00:18:15,480 of the development standards that we 430 00:18:15,480 --> 00:18:17,920 look at such as parking, 431 00:18:17,920 --> 00:18:20,520 lighting, bicycle parking still apply 432 00:18:20,520 --> 00:18:22,280 even though it's a residential district 433 00:18:22,280 --> 00:18:24,480 and those have all been reviewed and it 434 00:18:24,480 --> 00:18:29,600 is uh compliant with those regulations. 435 00:18:29,600 --> 00:18:32,000 And so, we are recommending approval 436 00:18:32,000 --> 00:18:34,480 with our standard three conditions and 437 00:18:34,480 --> 00:18:36,080 I'd be happy to answer any questions you 438 00:18:36,080 --> 00:18:46,990 have. 439 00:18:47,000 --> 00:18:49,320 » So, at what point do we consider this 440 00:18:49,320 --> 00:18:52,000 commercial property on residential 441 00:18:52,000 --> 00:18:52,880 land? 442 00:18:52,880 --> 00:18:55,640 >> So, it's commercial property in how it's 443 00:18:55,640 --> 00:18:57,000 used 444 00:18:57,000 --> 00:18:58,880 with a use variance, but it's still 445 00:18:58,880 --> 00:19:00,520 zoned residentially and the zoning will 446 00:19:00,520 --> 00:19:02,680 not change until 447 00:19:02,680 --> 00:19:06,280 they ask for a change in zoning. 448 00:19:06,280 --> 00:19:07,720 >> So, all of this is within the 449 00:19:07,720 --> 00:19:11,000 residential zoning code to do 450 00:19:11,000 --> 00:19:13,400 50 space sparking a lot, multiple 451 00:19:13,400 --> 00:19:15,760 buildings. 452 00:19:15,760 --> 00:19:18,480 >> So the residential zoning doesn't permit 453 00:19:18,480 --> 00:19:20,160 by right a commercial building with 454 00:19:20,160 --> 00:19:21,600 commercial parking. That's what the use 455 00:19:21,600 --> 00:19:23,800 variance allowed for. 456 00:19:23,800 --> 00:19:26,240 So it's essentially saying it's zoned 457 00:19:26,240 --> 00:19:28,120 R2, but you have permission to do this 458 00:19:28,120 --> 00:19:30,280 one additional commercial use. We added 459 00:19:30,280 --> 00:19:31,680 that in. 460 00:19:31,680 --> 00:19:32,680 If they wanted to do 461 00:19:32,680 --> 00:19:34,520 >> how big the use is. 462 00:19:34,520 --> 00:19:36,800 >> It has to be generally consistent with 463 00:19:36,800 --> 00:19:40,000 the original proposal that came in 464 00:19:40,000 --> 00:19:42,600 and then the DPR from 2018 and that's as 465 00:19:42,600 --> 00:19:44,040 administrator 466 00:19:44,040 --> 00:19:45,600 what I determined that this is 467 00:19:45,600 --> 00:19:47,800 consistent enough with what was 468 00:19:47,800 --> 00:19:49,760 originally proposed 469 00:19:49,760 --> 00:19:51,880 that it doesn't need a new use variance 470 00:19:51,880 --> 00:19:53,200 to expand. 471 00:19:53,200 --> 00:19:53,680 >> Okay. 472 00:19:53,680 --> 00:19:56,960 >> So if they wanted to put a 473 00:19:56,960 --> 00:19:58,760 hair salon on the property, that would 474 00:19:58,760 --> 00:20:01,040 not be consistent with the original 475 00:20:01,040 --> 00:20:01,240 intent. 476 00:20:01,240 --> 00:20:03,160 >> Correct. That variance applies to this 477 00:20:03,160 --> 00:20:05,840 use and this use only. So any different 478 00:20:05,840 --> 00:20:08,640 use would have to come before or would 479 00:20:08,640 --> 00:20:10,680 they would have to rezone or 480 00:20:10,680 --> 00:20:13,160 um attempt for another use variance. 481 00:20:13,160 --> 00:20:21,110 >> Okay. 482 00:20:21,120 --> 00:20:24,040 » This has been expected for a while now 483 00:20:24,040 --> 00:20:27,240 because we had the gravel parking lot 484 00:20:27,240 --> 00:20:29,280 and then there was the extension of that 485 00:20:29,280 --> 00:20:31,880 because of the Dan Jones 486 00:20:31,880 --> 00:20:33,160 construction. 487 00:20:33,160 --> 00:20:33,520 >> Mhm. 488 00:20:33,520 --> 00:20:34,560 >> Um 489 00:20:34,560 --> 00:20:36,320 so this has been 490 00:20:36,320 --> 00:20:41,750 on our radar for quite some time. 491 00:20:41,760 --> 00:20:44,080 Anybody else have any more questions for 492 00:20:44,080 --> 00:20:46,990 staff? 493 00:20:47,000 --> 00:20:48,240 If not, we'll have the petitioner come 494 00:20:48,240 --> 00:20:51,670 forward. 495 00:20:51,680 --> 00:20:53,400 » Dale, do you need the pointer? 496 00:20:53,400 --> 00:20:58,230 >> Um yeah, probably. 497 00:20:58,240 --> 00:21:02,550 Yep. 498 00:21:02,560 --> 00:21:04,160 Hey, good evening. I'm Dale Cruz, Cruz 499 00:21:04,160 --> 00:21:06,920 Consulting, 7384 Business Center Drive 500 00:21:06,920 --> 00:21:08,040 in Avon. 501 00:21:08,040 --> 00:21:09,600 You can see me on behalf of Misty's 502 00:21:09,600 --> 00:21:11,240 Animal Shelter. 503 00:21:11,240 --> 00:21:14,720 And to your point on the the timing of 504 00:21:14,720 --> 00:21:15,680 this, 505 00:21:15,680 --> 00:21:18,360 so Misty's came to me 506 00:21:18,360 --> 00:21:20,600 years ago and asked me if I could help 507 00:21:20,600 --> 00:21:22,320 them with this project and I 508 00:21:22,320 --> 00:21:24,080 had no capacity. I didn't have time. 509 00:21:24,080 --> 00:21:25,480 There was not enough hours in the day. 510 00:21:25,480 --> 00:21:27,160 They hired 511 00:21:27,160 --> 00:21:29,480 another engineering company to to do 512 00:21:29,480 --> 00:21:31,560 this project for them. 513 00:21:31,560 --> 00:21:32,880 Whatever reason they were not able to 514 00:21:32,880 --> 00:21:35,560 get this project to the finish line. 515 00:21:35,560 --> 00:21:36,840 So they hired another engineering 516 00:21:36,840 --> 00:21:38,240 company. 517 00:21:38,240 --> 00:21:40,160 Same situation. They were not able to 518 00:21:40,160 --> 00:21:42,840 get the project to the finish line. So 519 00:21:42,840 --> 00:21:44,520 they came back to me and I told them the 520 00:21:44,520 --> 00:21:46,520 same thing. I don't have capacity for 521 00:21:46,520 --> 00:21:49,040 you guys right now. They said, "I don't 522 00:21:49,040 --> 00:21:51,040 care. We got to get this done. You're 523 00:21:51,040 --> 00:21:52,800 here in Avon. We just need you to get 524 00:21:52,800 --> 00:21:53,800 this done." 525 00:21:53,800 --> 00:21:56,720 So the timing of this that 526 00:21:56,720 --> 00:21:58,480 yes, the project was done the drainage 527 00:21:58,480 --> 00:22:00,640 widening project was done in 2023, but 528 00:22:00,640 --> 00:22:01,840 there have been they have been through 529 00:22:01,840 --> 00:22:03,200 the ringer on 530 00:22:03,200 --> 00:22:05,000 engineer, engineer, engineer and then 531 00:22:05,000 --> 00:22:07,080 waiting on me to get us 532 00:22:07,080 --> 00:22:09,680 to this point. So we're happy to be to 533 00:22:09,680 --> 00:22:11,640 this point and happy to have a plan in 534 00:22:11,640 --> 00:22:13,400 front of you that we feel like is in 535 00:22:13,400 --> 00:22:14,840 compliance with 536 00:22:14,840 --> 00:22:16,400 substantial client compliance with the 537 00:22:16,400 --> 00:22:17,720 original development plan. I think 538 00:22:17,720 --> 00:22:19,960 really the only difference between this 539 00:22:19,960 --> 00:22:21,880 plan and the one that was up there 540 00:22:21,880 --> 00:22:24,000 before is this parking lot right here. 541 00:22:24,000 --> 00:22:26,320 Originally the idea or the intent was 542 00:22:26,320 --> 00:22:28,040 for there for this parking lot right 543 00:22:28,040 --> 00:22:30,600 here to have parking spaces and a drive 544 00:22:30,600 --> 00:22:32,360 aisle and then parking spaces on the 545 00:22:32,360 --> 00:22:34,120 other side of the drive aisle, which 546 00:22:34,120 --> 00:22:35,360 would have 547 00:22:35,360 --> 00:22:37,240 made us not need to have these parking 548 00:22:37,240 --> 00:22:39,000 spaces right here to have our parking 549 00:22:39,000 --> 00:22:40,640 count be in compliance. 550 00:22:40,640 --> 00:22:42,240 But there isn't enough room there on the 551 00:22:42,240 --> 00:22:44,760 property to have the parking spaces on 552 00:22:44,760 --> 00:22:45,800 both sides of the drive aisle. So we 553 00:22:45,800 --> 00:22:47,360 only have parking spaces on one side of 554 00:22:47,360 --> 00:22:49,320 the drive aisle, which means we only get 555 00:22:49,320 --> 00:22:51,680 half the number of parking spaces along 556 00:22:51,680 --> 00:22:53,480 the east-west portion of the of the 557 00:22:53,480 --> 00:22:55,200 parking lot, which means we added this 558 00:22:55,200 --> 00:22:59,440 to the west end of the building to get our parking spaces to comply with 559 00:22:59,440 --> 00:23:01,320 the development standards. 560 00:23:01,320 --> 00:23:04,120 So that's really the reason what's different and that's really the 561 00:23:04,120 --> 00:23:07,520 reason why it's different and uh 562 00:23:07,520 --> 00:23:08,680 that's really all I have. This This 563 00:23:08,680 --> 00:23:10,240 petition tonight is really just asked 564 00:23:10,240 --> 00:23:12,440 for approval of the actual building 565 00:23:12,440 --> 00:23:15,470 construction. 566 00:23:15,480 --> 00:23:16,360 That's all I have. I'll be happy to 567 00:23:16,360 --> 00:23:19,000 answer questions if you have any. 568 00:23:19,000 --> 00:23:20,960 >> So, there This is still showing a gravel 569 00:23:20,960 --> 00:23:22,360 part portion. Is that going to stay 570 00:23:22,360 --> 00:23:24,560 gravel or is it going to all be paved? 571 00:23:24,560 --> 00:23:25,400 >> All going to be paved. 572 00:23:25,400 --> 00:23:27,830 >> Okay. 573 00:23:27,840 --> 00:23:28,800 » That's probably what you're seeing is 574 00:23:28,800 --> 00:23:30,480 our plan that shows what is currently 575 00:23:30,480 --> 00:23:32,640 gravel and what what is not, but the 576 00:23:32,640 --> 00:23:33,840 intent is for the 577 00:23:33,840 --> 00:23:38,670 whole thing to be paved. 578 00:23:38,680 --> 00:23:40,440 » And all of the parking is on the side. 579 00:23:40,440 --> 00:23:42,920 There's no parking out front. Correct? 580 00:23:42,920 --> 00:23:44,080 >> There The only The only part in the 581 00:23:44,080 --> 00:23:46,000 front is is they would use this 582 00:23:46,000 --> 00:23:47,600 occasionally to get people in and out of 583 00:23:47,600 --> 00:23:48,800 the building, but there's not parking 584 00:23:48,800 --> 00:23:50,280 spaces up there. The parking spaces are 585 00:23:50,280 --> 00:23:50,680 here. 586 00:23:50,680 --> 00:23:52,920 >> So, it's a drop-off kind of drop-in. 587 00:23:52,920 --> 00:23:59,750 Okay. 588 00:23:59,760 --> 00:24:04,910 Any other questions for the petitioner? 589 00:24:04,920 --> 00:24:05,640 No. 590 00:24:05,640 --> 00:24:06,520 Okay. 591 00:24:06,520 --> 00:24:08,200 Go ahead. Sit. Have a seat. 592 00:24:08,200 --> 00:24:08,880 >> Thank you. 593 00:24:08,880 --> 00:24:10,440 >> Is there anybody here who would like to 594 00:24:10,440 --> 00:24:12,800 speak out 595 00:24:12,800 --> 00:24:18,710 uh to remonstrate against this proposal? 596 00:24:18,720 --> 00:24:20,640 No. Is there anybody who would like to 597 00:24:20,640 --> 00:24:23,200 go ahead and come and speak in support 598 00:24:23,200 --> 00:24:27,350 of this proposal? 599 00:24:27,360 --> 00:24:30,920 I'm assuming you don't want to rebut the 600 00:24:30,920 --> 00:24:31,800 >> the loss of it. 601 00:24:31,800 --> 00:24:36,200 >> the non the lack of interest. 602 00:24:36,200 --> 00:24:37,920 Okay, very good. 603 00:24:37,920 --> 00:24:42,350 Um discussion. 604 00:24:42,360 --> 00:24:44,800 I I think this is 605 00:24:44,800 --> 00:24:46,560 I was looking at the two of this also 606 00:24:46,560 --> 00:24:49,360 isn't in con- it's contrary to the 607 00:24:49,360 --> 00:24:51,360 comprehensive plan as well, but this has 608 00:24:51,360 --> 00:24:53,200 been in place for quite some time. I 609 00:24:53,200 --> 00:24:56,800 don't think anybody after 8 years thinks 610 00:24:56,800 --> 00:24:59,040 this is any but anything but a 611 00:24:59,040 --> 00:25:00,080 um 612 00:25:00,080 --> 00:25:03,040 positive thing for the community. And 613 00:25:03,040 --> 00:25:05,120 having a paved parking lot, obviously, 614 00:25:05,120 --> 00:25:06,440 is much better than having a gravel 615 00:25:06,440 --> 00:25:12,630 parking lot, so. 616 00:25:12,640 --> 00:25:14,320 » Yeah, it seems in line with 617 00:25:14,320 --> 00:25:16,280 what was originally proposed from the 618 00:25:16,280 --> 00:25:17,720 DPR in the variance, so. 619 00:25:17,720 --> 00:25:20,160 >> Right. 620 00:25:20,160 --> 00:25:22,840 >> I generally agree with you. The variance 621 00:25:22,840 --> 00:25:24,520 was is quite old. 622 00:25:24,520 --> 00:25:25,600 >> Mhm. 623 00:25:25,600 --> 00:25:28,120 >> And 624 00:25:28,120 --> 00:25:29,880 I don't know if I can vote against this 625 00:25:29,880 --> 00:25:32,200 because it is compliant. 626 00:25:32,200 --> 00:25:34,800 I just think this is essentially a 627 00:25:34,800 --> 00:25:37,280 commercial property now. 628 00:25:37,280 --> 00:25:38,440 >> I don't disagree with 629 00:25:38,440 --> 00:25:40,840 >> lot and the more buildings you have 630 00:25:40,840 --> 00:25:42,560 >> I don't disagree with you on that, 631 00:25:42,560 --> 00:25:45,320 either. Um 632 00:25:45,320 --> 00:25:48,680 But so far, Misty Eyes has never 633 00:25:48,680 --> 00:25:50,240 approached 634 00:25:50,240 --> 00:25:52,960 anybody asking for them to be allowed to 635 00:25:52,960 --> 00:25:54,240 do anything other than what their 636 00:25:54,240 --> 00:25:58,200 mission is. And 637 00:25:58,200 --> 00:26:00,000 I I mean, I I agree with you. 638 00:26:00,000 --> 00:26:01,280 Technically, this is now commercial 639 00:26:01,280 --> 00:26:01,800 property. 640 00:26:01,800 --> 00:26:02,120 >> Yes. 641 00:26:02,120 --> 00:26:03,520 >> And I don't know if at some point that 642 00:26:03,520 --> 00:26:05,680 needs to be addressed in the zoning or 643 00:26:05,680 --> 00:26:07,680 maybe it doesn't. Do you have any 644 00:26:07,680 --> 00:26:09,480 thoughts on that, Mr. Taylor? 645 00:26:09,480 --> 00:26:10,760 >> Yeah, when they when they obtained their 646 00:26:10,760 --> 00:26:13,400 use variance, you said what what you 647 00:26:13,400 --> 00:26:16,960 said or the BZA said is it can be used 648 00:26:16,960 --> 00:26:18,560 for that purpose. That's now permitted 649 00:26:18,560 --> 00:26:20,000 by right. 650 00:26:20,000 --> 00:26:22,160 This particular use is permitted by 651 00:26:22,160 --> 00:26:24,120 right. So, even though it's zoned 652 00:26:24,120 --> 00:26:26,440 residential, they have a 653 00:26:26,440 --> 00:26:27,920 they've been granted the right to 654 00:26:27,920 --> 00:26:29,640 operate the business that they have. 655 00:26:29,640 --> 00:26:31,120 That's that's all they can do there, 656 00:26:31,120 --> 00:26:33,280 though. The nature of their business is 657 00:26:33,280 --> 00:26:35,560 commercial, but they have a specific 658 00:26:35,560 --> 00:26:38,400 grant from the town to do so. 659 00:26:38,400 --> 00:26:40,840 uh it essentially, when that 660 00:26:40,840 --> 00:26:43,600 happens, it is it operates exactly like 661 00:26:43,600 --> 00:26:46,120 it has been rezoned for that that 662 00:26:46,120 --> 00:26:48,040 specific purpose. 663 00:26:48,040 --> 00:26:50,720 And so, use variances are very rare, 664 00:26:50,720 --> 00:26:52,840 but once they have it, then they they 665 00:26:52,840 --> 00:26:55,480 this owner can use that and run with it 666 00:26:55,480 --> 00:26:57,560 as long as they can. So, it does kind of 667 00:26:57,560 --> 00:26:59,520 change the nature of the use of the 668 00:26:59,520 --> 00:27:00,760 property 669 00:27:00,760 --> 00:27:02,680 without the formal rezoning, but it has 670 00:27:02,680 --> 00:27:04,720 the same effect. Except that it only 671 00:27:04,720 --> 00:27:06,480 applies to this owner. 672 00:27:06,480 --> 00:27:07,560 >> Well, and 673 00:27:07,560 --> 00:27:10,080 is it still bound by 50 cats 50 dogs? 674 00:27:10,080 --> 00:27:10,600 >> I'm sorry. 675 00:27:10,600 --> 00:27:12,920 >> Is it still bound by no more than 50 676 00:27:12,920 --> 00:27:14,160 cats and 50 dogs? 677 00:27:14,160 --> 00:27:16,640 >> The conditions of the approval remain 678 00:27:16,640 --> 00:27:17,960 permanent 679 00:27:17,960 --> 00:27:20,320 unless they are changed and and they 680 00:27:20,320 --> 00:27:22,160 haven't been. So, yeah, those are origi- 681 00:27:22,160 --> 00:27:24,360 there were many conditions put on it 682 00:27:24,360 --> 00:27:26,640 as again, use variances are rare, so 683 00:27:26,640 --> 00:27:28,200 it's not unusual to see those and there 684 00:27:28,200 --> 00:27:30,800 were some very specific conditions put 685 00:27:30,800 --> 00:27:32,880 upon the scope of the business, size of 686 00:27:32,880 --> 00:27:34,720 the business, the parking lot 687 00:27:34,720 --> 00:27:40,160 development and all of that. So, in our in our eyes, when we look at a 688 00:27:40,160 --> 00:27:41,960 DPR, 689 00:27:41,960 --> 00:27:44,640 the use is really not the issue 690 00:27:44,640 --> 00:27:45,880 at all. 691 00:27:45,880 --> 00:27:48,000 You know, the use is if the use were not 692 00:27:48,000 --> 00:27:49,680 legal, then staff would come and tell 693 00:27:49,680 --> 00:27:50,680 us. 694 00:27:50,680 --> 00:27:52,200 But we look at the DPR, we're merely 695 00:27:52,200 --> 00:27:54,480 looking at whether or not the parking 696 00:27:54,480 --> 00:27:56,560 lot that Dale has submitted here on 697 00:27:56,560 --> 00:27:59,400 behalf of his client meets our 698 00:27:59,400 --> 00:28:01,840 development standards and any other 699 00:28:01,840 --> 00:28:03,560 requirements. 700 00:28:03,560 --> 00:28:06,000 There is a factor that it be 701 00:28:06,000 --> 00:28:08,080 consistent with the goals and purposes 702 00:28:08,080 --> 00:28:10,720 of the comp plan, but remember 703 00:28:10,720 --> 00:28:12,320 because the use is already been 704 00:28:12,320 --> 00:28:13,840 approved, 705 00:28:13,840 --> 00:28:15,160 it's really difficult to argue that's 706 00:28:15,160 --> 00:28:16,920 not true. We of course want the parking 707 00:28:16,920 --> 00:28:19,080 lot to be paved. You know, we want that. 708 00:28:19,080 --> 00:28:22,080 That's consistent, but so that's why 709 00:28:22,080 --> 00:28:24,360 DPRs are ministerial in nature. If they 710 00:28:24,360 --> 00:28:26,440 can show they've designed it to meet our 711 00:28:26,440 --> 00:28:29,000 standards and and the standards of any 712 00:28:29,000 --> 00:28:31,520 applicable ordinance um 713 00:28:31,520 --> 00:28:33,040 other than our zoning ordinance and 714 00:28:33,040 --> 00:28:35,680 subdivision control ordinance, then it 715 00:28:35,680 --> 00:28:37,520 becomes a ministerial approval, which is 716 00:28:37,520 --> 00:28:39,040 what I think we have here. 717 00:28:39,040 --> 00:28:40,760 >> And the use variance stays with the 718 00:28:40,760 --> 00:28:43,560 property, not the owner, correct? 719 00:28:43,560 --> 00:28:46,000 >> Well, it's Yeah, but it's only this use. 720 00:28:46,000 --> 00:28:47,400 >> Correct. Yes. Yes. 721 00:28:47,400 --> 00:28:48,520 >> Yeah, only this use. 722 00:28:48,520 --> 00:28:50,920 >> sold it, it could still only be for this 723 00:28:50,920 --> 00:28:51,800 use. 724 00:28:51,800 --> 00:28:53,360 >> Yeah, again, not really our concern. 725 00:28:53,360 --> 00:28:54,320 >> Right. Right. 726 00:28:54,320 --> 00:28:55,480 >> We're the planning commission. 727 00:28:55,480 --> 00:28:56,800 >> I was just clarifying kind of the 728 00:28:56,800 --> 00:28:59,480 restrictions of a of a um 729 00:28:59,480 --> 00:29:01,520 a variance use of variance that I'm not 730 00:29:01,520 --> 00:29:03,560 as familiar with. So, that's that was my 731 00:29:03,560 --> 00:29:04,320 discussion today. 732 00:29:04,320 --> 00:29:05,680 >> Yeah. Yeah, it's not really what you 733 00:29:05,680 --> 00:29:07,880 guys do. It's what's the BZA does and 734 00:29:07,880 --> 00:29:09,800 then they uh you're stuck with it. But 735 00:29:09,800 --> 00:29:11,440 yeah, I just I just never want the 736 00:29:11,440 --> 00:29:12,840 planning commission to run too far 737 00:29:12,840 --> 00:29:15,120 afield on use because that issue's 738 00:29:15,120 --> 00:29:18,430 already been decided. 739 00:29:18,440 --> 00:29:21,120 » Any further discussion on this 740 00:29:21,120 --> 00:29:25,910 particular proposal? 741 00:29:25,920 --> 00:29:28,880 If not, we'll entertain a motion. 742 00:29:28,880 --> 00:29:31,560 >> I move that we approve DPR 2611 Misty 743 00:29:31,560 --> 00:29:33,440 Ice Parking Lot Expansion Development 744 00:29:33,440 --> 00:29:35,240 Plan Review to allow for a parking lot 745 00:29:35,240 --> 00:29:36,600 expansion 746 00:29:36,600 --> 00:29:38,080 subject to the conditions listed in the 747 00:29:38,080 --> 00:29:40,520 staff report since it has satisfied all 748 00:29:40,520 --> 00:29:42,160 the requirements for a development plan 749 00:29:42,160 --> 00:29:44,040 review under state law and subject to 750 00:29:44,040 --> 00:29:45,680 the approved findings of fact. 751 00:29:45,680 --> 00:29:46,800 >> And I'll second. 752 00:29:46,800 --> 00:29:48,000 >> Having heard a motion and a second, 753 00:29:48,000 --> 00:29:49,680 we'll now take a roll call vote. 754 00:29:49,680 --> 00:29:50,560 >> Kaufman. 755 00:29:50,560 --> 00:29:51,040 >> For. 756 00:29:51,040 --> 00:29:51,640 >> Reed. 757 00:29:51,640 --> 00:29:52,240 >> For. 758 00:29:52,240 --> 00:29:52,960 >> Rockerbrand. 759 00:29:52,960 --> 00:29:53,600 >> For. 760 00:29:53,600 --> 00:29:54,360 >> Ransburg. 761 00:29:54,360 --> 00:29:56,120 >> For. 762 00:29:56,120 --> 00:29:58,560 And DPR 2611 763 00:29:58,560 --> 00:30:00,000 is approved. 764 00:30:00,000 --> 00:30:04,950 >> Thank you. 765 00:30:04,960 --> 00:30:06,520 And 766 00:30:06,520 --> 00:30:09,400 we now move to the last item on our 767 00:30:09,400 --> 00:30:13,400 agenda, which is MIP 2613 Radiant Bible 768 00:30:13,400 --> 00:30:23,710 Church. 769 00:30:23,720 --> 00:30:26,200 » Thank you. 770 00:30:26,200 --> 00:30:28,840 This is a minor plot that you're 771 00:30:28,840 --> 00:30:31,000 reviewing today for the Radiant Bible 772 00:30:31,000 --> 00:30:32,760 Church, 773 00:30:32,760 --> 00:30:35,480 which is located at 9870 774 00:30:35,480 --> 00:30:38,640 East US Highway 36 and 420 Gable 775 00:30:38,640 --> 00:30:40,640 Crossing Drive. The actual church 776 00:30:40,640 --> 00:30:43,360 building is at the Gable Crossing Drive 777 00:30:43,360 --> 00:30:45,440 address. 778 00:30:45,440 --> 00:30:47,280 The subject site consists of two 779 00:30:47,280 --> 00:30:50,240 previously platted lots in separate 780 00:30:50,240 --> 00:30:52,720 plats, and they are both lot one in each 781 00:30:52,720 --> 00:30:55,400 of those plats. 782 00:30:55,400 --> 00:30:57,160 Currently zoned C2, which is the 783 00:30:57,160 --> 00:30:59,320 southern portion, 784 00:30:59,320 --> 00:31:01,800 R1, which is the northern portion, and 785 00:31:01,800 --> 00:31:04,120 there's a small sliver of not really 786 00:31:04,120 --> 00:31:06,320 developable R5 787 00:31:06,320 --> 00:31:08,160 also on the site. 788 00:31:08,160 --> 00:31:09,960 And it does, because of the size of the 789 00:31:09,960 --> 00:31:12,280 property, it lies within all three tiers 790 00:31:12,280 --> 00:31:17,150 of US 36 overlay. 791 00:31:17,160 --> 00:31:20,400 It does have some history to it. 792 00:31:20,400 --> 00:31:22,080 Um 793 00:31:22,080 --> 00:31:24,920 the church itself was developed in 794 00:31:24,920 --> 00:31:27,200 2012, and it was done along with a minor 795 00:31:27,200 --> 00:31:30,200 plat to create the lot for the church. 796 00:31:30,200 --> 00:31:32,520 And then 797 00:31:32,520 --> 00:31:34,480 uh there was a parking lot expansion in 798 00:31:34,480 --> 00:31:37,120 '16, and then in '18 there was another 799 00:31:37,120 --> 00:31:38,520 plat, which I'll show you, an 800 00:31:38,520 --> 00:31:41,160 administrative plat to combine two lots 801 00:31:41,160 --> 00:31:44,800 for the lower portion of this plat. 802 00:31:44,800 --> 00:31:48,710 So, here's the subject site. 803 00:31:48,720 --> 00:31:54,950 US 36 here, Gable Crossing Drive here. 804 00:31:54,960 --> 00:31:56,920 The church is located up here on the 805 00:31:56,920 --> 00:31:59,520 larger portion of the site. 806 00:31:59,520 --> 00:32:02,920 Um this is Walmart here. At Home is at 807 00:32:02,920 --> 00:32:06,800 this end of the shopping center. 808 00:32:06,800 --> 00:32:08,960 So, the larger 809 00:32:08,960 --> 00:32:11,880 part was platted as one lot, lot one, 810 00:32:11,880 --> 00:32:14,400 for the development of the church. And 811 00:32:14,400 --> 00:32:16,800 then there were two residential lots 812 00:32:16,800 --> 00:32:20,440 located on this portion. 813 00:32:20,440 --> 00:32:22,360 So, another lot or another plat was 814 00:32:22,360 --> 00:32:25,560 created later to combine those two lots 815 00:32:25,560 --> 00:32:27,120 into one lot. 816 00:32:27,120 --> 00:32:29,640 So, now we have what lot one up here for 817 00:32:29,640 --> 00:32:31,840 one plat, and lot one down here for 818 00:32:31,840 --> 00:32:33,960 another plat. 819 00:32:33,960 --> 00:32:36,800 And the purpose of this plat is to 820 00:32:36,800 --> 00:32:41,360 combine these two parcels into one lot. 821 00:32:41,360 --> 00:32:42,920 The church is 822 00:32:42,920 --> 00:32:45,880 desirous of combining all of the land 823 00:32:45,880 --> 00:32:50,230 that they own into one parcel. 824 00:32:50,240 --> 00:32:53,080 They've also indicated there's no 825 00:32:53,080 --> 00:32:57,470 development proposed at this time. 826 00:32:57,480 --> 00:32:58,880 And 827 00:32:58,880 --> 00:33:00,880 any new 828 00:33:00,880 --> 00:33:03,480 I want to note that any new development 829 00:33:03,480 --> 00:33:05,720 in the future would be required to use 830 00:33:05,720 --> 00:33:08,480 the Gable Drive frontage and they would 831 00:33:08,480 --> 00:33:11,520 not have access to US 36, although there 832 00:33:11,520 --> 00:33:14,800 are remaining remnant residential drives 833 00:33:14,800 --> 00:33:16,440 there. 834 00:33:16,440 --> 00:33:19,000 I want to touch on the trail that goes 835 00:33:19,000 --> 00:33:21,640 through this property. 836 00:33:21,640 --> 00:33:25,800 Um the Avon Bicycle Pedestrian Plan 837 00:33:25,800 --> 00:33:27,800 notes that a multi-use trail should go 838 00:33:27,800 --> 00:33:30,360 through this portion of town following 839 00:33:30,360 --> 00:33:34,990 the Avon drain. 840 00:33:35,000 --> 00:33:36,960 I hope I showed this map well enough. 841 00:33:36,960 --> 00:33:39,200 This is the northern portion of the 842 00:33:39,200 --> 00:33:41,800 property here. 843 00:33:41,800 --> 00:33:44,280 Already constructed trail are shown in 844 00:33:44,280 --> 00:33:47,240 red. So there's a red the trail going 845 00:33:47,240 --> 00:33:48,640 through this property around their 846 00:33:48,640 --> 00:33:50,520 parking lot. 847 00:33:50,520 --> 00:33:52,160 And then there's a trail up here in the 848 00:33:52,160 --> 00:33:54,080 Brookstone subdivision that comes to 849 00:33:54,080 --> 00:33:56,520 this point here. 850 00:33:56,520 --> 00:33:58,440 The plat that's already been approved 851 00:33:58,440 --> 00:34:00,560 and recorded showed a 852 00:34:00,560 --> 00:34:02,920 the future easement of this trail in 853 00:34:02,920 --> 00:34:05,120 white. 854 00:34:05,120 --> 00:34:08,320 And it only just dead end dead ended 855 00:34:08,320 --> 00:34:11,720 into these condo units over here. 856 00:34:11,720 --> 00:34:15,200 So we would prefer to connect the red 857 00:34:15,200 --> 00:34:17,520 and the red. So they are adding an 858 00:34:17,520 --> 00:34:19,200 easement here. 859 00:34:19,200 --> 00:34:22,080 And what's shown in green for future 860 00:34:22,080 --> 00:34:24,440 connection of this trail. 861 00:34:24,440 --> 00:34:27,040 So we have a full connection. 862 00:34:27,040 --> 00:34:30,950 And that is shown 863 00:34:30,960 --> 00:34:35,200 on page one of your 864 00:34:35,200 --> 00:34:43,190 uh handout. 865 00:34:43,200 --> 00:34:45,879 Uh I do want to note that we have had 866 00:34:45,879 --> 00:34:48,919 conversations with 867 00:34:48,919 --> 00:34:52,639 the property owner adjacent to this 868 00:34:52,639 --> 00:34:56,240 who lives um in this area in this corner 869 00:34:56,240 --> 00:34:58,920 that's kind of tucked in here. 870 00:34:58,920 --> 00:35:01,360 And they have some concerns about uh 871 00:35:01,360 --> 00:35:03,840 survey stakes that they're 872 00:35:03,840 --> 00:35:06,000 seeing out in the field. They're 873 00:35:06,000 --> 00:35:08,200 concerned that they are accurately 874 00:35:08,200 --> 00:35:10,120 located. 875 00:35:10,120 --> 00:35:13,600 They were unable to be here tonight. 876 00:35:13,600 --> 00:35:16,440 Um and we've asked for clarification 877 00:35:16,440 --> 00:35:19,040 from the surveyor that that those get 878 00:35:19,040 --> 00:35:23,200 rechecked and remarked if necessary. 879 00:35:23,200 --> 00:35:27,520 We've done the measurements on the plat. 880 00:35:27,520 --> 00:35:29,600 related to adjacent 881 00:35:29,600 --> 00:35:33,000 property lines and adjacent plats, and 882 00:35:33,000 --> 00:35:36,040 we believe this plat is accurate. 883 00:35:36,040 --> 00:35:38,640 Um but what the adjacent property owner 884 00:35:38,640 --> 00:35:41,560 showed me in the field was the property 885 00:35:41,560 --> 00:35:44,000 line corner, which is specifically the 886 00:35:44,000 --> 00:35:46,320 this one right here, 887 00:35:46,320 --> 00:35:48,480 look like it may have been off, but we 888 00:35:48,480 --> 00:35:51,560 don't know for sure until we get 889 00:35:51,560 --> 00:35:53,680 more details from 890 00:35:53,680 --> 00:35:56,920 a qualified surveyor to verify that with 891 00:35:56,920 --> 00:35:58,320 us. 892 00:35:58,320 --> 00:36:00,160 Um so 893 00:36:00,160 --> 00:36:04,040 on my conditions um here that I want 894 00:36:04,040 --> 00:36:07,160 this to get verified um prior to the 895 00:36:07,160 --> 00:36:10,240 plat being recorded. So I've added in 896 00:36:10,240 --> 00:36:11,520 addition to the three standard 897 00:36:11,520 --> 00:36:14,000 conditions that I usually recommend and 898 00:36:14,000 --> 00:36:15,680 that are in your staff report, I've 899 00:36:15,680 --> 00:36:18,320 added a fourth condition here 900 00:36:18,320 --> 00:36:20,520 that it's that the approval will be 901 00:36:20,520 --> 00:36:23,200 subject to verification of those survey 902 00:36:23,200 --> 00:36:24,480 markers 903 00:36:24,480 --> 00:36:26,400 to the satisfaction of the administrator 904 00:36:26,400 --> 00:36:27,720 prior to 905 00:36:27,720 --> 00:36:33,110 plat recording. 906 00:36:33,120 --> 00:36:34,720 And I'd be happy to answer any questions 907 00:36:34,720 --> 00:36:36,640 you have. 908 00:36:36,640 --> 00:36:39,440 >> Linda, can you go back to the slide that 909 00:36:39,440 --> 00:36:41,160 showed the trails? 910 00:36:41,160 --> 00:36:51,070 >> Uh-huh. 911 00:36:51,080 --> 00:36:54,040 » It's been a minute since So, that So, 912 00:36:54,040 --> 00:36:56,840 Gable Crossing 913 00:36:56,840 --> 00:36:58,680 What is it called? Gable Crossing 914 00:36:58,680 --> 00:37:01,640 >> Drive. 915 00:37:01,640 --> 00:37:04,240 Basically kind of empties into 916 00:37:04,240 --> 00:37:05,200 >> ends right here. 917 00:37:05,200 --> 00:37:06,880 >> into the parking lot. Yeah. 918 00:37:06,880 --> 00:37:10,160 >> And the the red trail is installed. 919 00:37:10,160 --> 00:37:12,560 The white would remain and then now 920 00:37:12,560 --> 00:37:15,480 connect to the green instead of going 921 00:37:15,480 --> 00:37:17,240 due west and dead end. 922 00:37:17,240 --> 00:37:18,760 >> So, the white is also pre-existing 923 00:37:18,760 --> 00:37:19,880 trail? 924 00:37:19,880 --> 00:37:22,040 >> There is that is not constructed yet. 925 00:37:22,040 --> 00:37:22,880 >> Okay. Okay. 926 00:37:22,880 --> 00:37:24,600 >> But that easement would remain and then 927 00:37:24,600 --> 00:37:26,280 the green would be added. 928 00:37:26,280 --> 00:37:27,240 >> Okay. 929 00:37:27,240 --> 00:37:29,160 >> So, we can get the connection through to 930 00:37:29,160 --> 00:37:31,200 Brookstone. 931 00:37:31,200 --> 00:37:35,110 >> And would 932 00:37:35,120 --> 00:37:36,840 I mean, they already own that it I guess 933 00:37:36,840 --> 00:37:38,000 this really doesn't have anything to do 934 00:37:38,000 --> 00:37:39,600 with the connecting combining of the 935 00:37:39,600 --> 00:37:41,960 plats. This has to do with the trails. 936 00:37:41,960 --> 00:37:43,760 Um 937 00:37:43,760 --> 00:37:46,750 Okay. 938 00:37:46,760 --> 00:37:48,320 » I'm sorry if I missed it. So, the the 939 00:37:48,320 --> 00:37:49,760 white portion there's already easement 940 00:37:49,760 --> 00:37:51,200 that's not developed. Is that what you 941 00:37:51,200 --> 00:37:51,480 said? 942 00:37:51,480 --> 00:37:54,520 >> So, the original plat Well, if you go 943 00:37:54,520 --> 00:37:56,560 way far back, there there was a an 944 00:37:56,560 --> 00:37:58,680 easement that they just generically put 945 00:37:58,680 --> 00:38:02,960 along the 946 00:38:02,960 --> 00:38:04,880 Avon ditch. 947 00:38:04,880 --> 00:38:06,920 Um but when the refinement of the 948 00:38:06,920 --> 00:38:08,440 building and where the trail was going 949 00:38:08,440 --> 00:38:11,840 to be, um it got relocated up through 950 00:38:11,840 --> 00:38:14,920 here where the the lower red portion is 951 00:38:14,920 --> 00:38:17,520 and then a a generic easement was just 952 00:38:17,520 --> 00:38:20,760 sent over due west and dead ended. 953 00:38:20,760 --> 00:38:22,800 None of this up here was developed yet. 954 00:38:22,800 --> 00:38:24,120 We didn't know where it was going to go. 955 00:38:24,120 --> 00:38:25,880 We were still thinking along the ditch 956 00:38:25,880 --> 00:38:27,440 somehow. 957 00:38:27,440 --> 00:38:29,280 Um getting 958 00:38:29,280 --> 00:38:30,800 through this area along the ditch in the 959 00:38:30,800 --> 00:38:33,160 flood plain and this is also county land 960 00:38:33,160 --> 00:38:34,720 here 961 00:38:34,720 --> 00:38:37,510 was 962 00:38:37,520 --> 00:38:39,920 not going to be the best route, 963 00:38:39,920 --> 00:38:41,920 especially when Brookstone came through 964 00:38:41,920 --> 00:38:43,520 and we were able to get this connection 965 00:38:43,520 --> 00:38:45,040 here. So, 966 00:38:45,040 --> 00:38:46,520 we're thankful that this plat has come 967 00:38:46,520 --> 00:38:49,200 along and it's able to we were able to 968 00:38:49,200 --> 00:38:51,640 make a good connection here for that 969 00:38:51,640 --> 00:38:56,230 trail system. 970 00:38:56,240 --> 00:38:58,000 » On on the conditions, you said you were 971 00:38:58,000 --> 00:38:59,400 adding one for the survey. 972 00:38:59,400 --> 00:39:00,400 >> Mhm. 973 00:39:00,400 --> 00:39:01,400 >> Is it 974 00:39:01,400 --> 00:39:03,120 >> It's number four here on the screen. 975 00:39:03,120 --> 00:39:04,360 >> than our packet. That's that's what I 976 00:39:04,360 --> 00:39:06,760 was missing. 977 00:39:06,760 --> 00:39:21,030 I was like, I see three. 978 00:39:21,040 --> 00:39:23,950 » Is there any 979 00:39:23,960 --> 00:39:27,640 So, where where Gable Crossing Drive 980 00:39:27,640 --> 00:39:29,920 connects to the drive going into the 981 00:39:29,920 --> 00:39:31,800 parking lot, 982 00:39:31,800 --> 00:39:33,840 does that that 983 00:39:33,840 --> 00:39:35,160 goes from being a public street to a 984 00:39:35,160 --> 00:39:38,080 private road? 985 00:39:38,080 --> 00:39:42,160 >> The motor vehicle portion, yes. 986 00:39:42,160 --> 00:39:42,880 >> Okay. 987 00:39:42,880 --> 00:39:44,360 >> The 988 00:39:44,360 --> 00:39:47,280 trail the multi-use trail has an access 989 00:39:47,280 --> 00:39:49,680 easement on it already. 990 00:39:49,680 --> 00:39:58,950 >> Okay. 991 00:39:58,960 --> 00:39:59,920 » I wish I could 992 00:39:59,920 --> 00:40:02,880 >> So, the plat would cross 993 00:40:02,880 --> 00:40:04,840 part of the public road 994 00:40:04,840 --> 00:40:07,880 if we made it one plat. 995 00:40:07,880 --> 00:40:08,560 >> No. 996 00:40:08,560 --> 00:40:09,520 >> One parcel, rather. 997 00:40:09,520 --> 00:40:11,720 >> I guess if you look behind you, 998 00:40:11,720 --> 00:40:14,160 it's a clearer than that one. Where this 999 00:40:14,160 --> 00:40:16,200 little strip here comes down, 1000 00:40:16,200 --> 00:40:16,760 >> Right. 1001 00:40:16,760 --> 00:40:18,480 >> would be added to this tree lot. 1002 00:40:18,480 --> 00:40:20,760 >> Right. 1003 00:40:20,760 --> 00:40:23,000 >> Essentially just eliminating that little 1004 00:40:23,000 --> 00:40:24,480 property line right there. 1005 00:40:24,480 --> 00:40:26,560 >> Okay, got you. 1006 00:40:26,560 --> 00:40:27,800 Yeah, this is easier to see. 1007 00:40:27,800 --> 00:40:29,400 >> Yeah. 1008 00:40:29,400 --> 00:40:32,200 >> Just harder on my neck. 1009 00:40:32,200 --> 00:40:34,670 Okay. 1010 00:40:34,680 --> 00:40:36,040 » Are there any further questions for 1011 00:40:36,040 --> 00:40:39,990 staff? 1012 00:40:40,000 --> 00:40:41,480 If not, we'll have the petitioner come 1013 00:40:41,480 --> 00:40:48,830 forward. 1014 00:40:48,840 --> 00:40:50,720 » Um I don't My name's Morgan Reese with 1015 00:40:50,720 --> 00:40:53,520 Innovative Engineering Consulting, 3961 1016 00:40:53,520 --> 00:40:55,040 Whitestown or Perry Boulevard, 1017 00:40:55,040 --> 00:40:57,320 Whitestown, Indiana. Um I don't have 1018 00:40:57,320 --> 00:41:00,920 much more to add this um if you'll see 1019 00:41:00,920 --> 00:41:03,160 on the plat, it was previously named 1020 00:41:03,160 --> 00:41:04,880 Harvest. 1021 00:41:04,880 --> 00:41:07,040 And so that's why there's the two names 1022 00:41:07,040 --> 00:41:09,160 on there. Um now it's called Radiant 1023 00:41:09,160 --> 00:41:11,960 Bible Church and 1024 00:41:11,960 --> 00:41:13,800 uh yeah, just an administrative 1025 00:41:13,800 --> 00:41:15,480 combining of the two just for 1026 00:41:15,480 --> 00:41:19,040 bookkeeping on the church's end and 1027 00:41:19,040 --> 00:41:21,560 yeah, I'm any questions? 1028 00:41:21,560 --> 00:41:26,030 >> Okay. 1029 00:41:26,040 --> 00:41:27,280 Is there anybody present who'd like to 1030 00:41:27,280 --> 00:41:29,240 come forward in remonstration against 1031 00:41:29,240 --> 00:41:31,840 this proposal? 1032 00:41:31,840 --> 00:41:32,880 Is there anybody who'd like to come 1033 00:41:32,880 --> 00:41:38,190 forward to support this proposal? 1034 00:41:38,200 --> 00:41:41,600 I'm assuming that that means no. 1035 00:41:41,600 --> 00:41:44,240 Rebuttal? 1036 00:41:44,240 --> 00:41:46,040 Public comment is now closed. Uh 1037 00:41:46,040 --> 00:41:52,990 discussion. 1038 00:41:53,000 --> 00:41:54,320 I don't 1039 00:41:54,320 --> 00:41:57,080 see why this I mean this seems like very 1040 00:41:57,080 --> 00:41:59,040 it's just 1041 00:41:59,040 --> 00:42:00,960 I was you answered my question. It it's 1042 00:42:00,960 --> 00:42:03,440 like what is the purpose? Bookkeeping. 1043 00:42:03,440 --> 00:42:05,480 And the less bookkeeping anybody can do 1044 00:42:05,480 --> 00:42:08,630 the better. 1045 00:42:08,640 --> 00:42:11,600 I would like less bookkeeping. 1046 00:42:11,600 --> 00:42:13,480 But this seems pretty straightforward 1047 00:42:13,480 --> 00:42:16,000 and as long as the 1048 00:42:16,000 --> 00:42:17,480 I mean this doesn't seem like it'll 1049 00:42:17,480 --> 00:42:19,000 impact 1050 00:42:19,000 --> 00:42:20,760 anything else we have with regards to 1051 00:42:20,760 --> 00:42:22,400 trails and easements and anything else. 1052 00:42:22,400 --> 00:42:27,200 I don't know that there's any legitimate 1053 00:42:27,200 --> 00:42:29,800 reason why we would not approve this. 1054 00:42:29,800 --> 00:42:31,320 Unless somebody else would like to 1055 00:42:31,320 --> 00:42:32,120 speak. 1056 00:42:32,120 --> 00:42:33,520 >> All those zoning remains the same. No 1057 00:42:33,520 --> 00:42:35,280 changes to any of that. 1058 00:42:35,280 --> 00:42:36,600 >> Correct. Nothing changes with the 1059 00:42:36,600 --> 00:42:38,080 zoning. 1060 00:42:38,080 --> 00:42:38,480 >> Okay. 1061 00:42:38,480 --> 00:42:39,800 >> Nothing we can do right now. 1062 00:42:39,800 --> 00:42:42,590 >> All right. 1063 00:42:42,600 --> 00:42:46,070 » Any further discussion? 1064 00:42:46,080 --> 00:42:47,600 If not, we'll 1065 00:42:47,600 --> 00:42:48,840 take a motion. 1066 00:42:48,840 --> 00:42:52,960 >> I move that we approve MIP 26-03 1067 00:42:52,960 --> 00:42:56,120 Radiant Bible Church a replat of Harvest 1068 00:42:56,120 --> 00:42:59,640 Bible Indy West Section 1 into 1069 00:42:59,640 --> 00:43:01,880 a request to combine two lots totaling 1070 00:43:01,880 --> 00:43:03,520 30.55 1071 00:43:03,520 --> 00:43:06,000 acres into one lot subject to the 1072 00:43:06,000 --> 00:43:08,800 conditions listed in the staff report 1073 00:43:08,800 --> 00:43:11,640 including the additional uh number four 1074 00:43:11,640 --> 00:43:13,080 subject to verification of the survey 1075 00:43:13,080 --> 00:43:15,560 markers as presented this evening. 1076 00:43:15,560 --> 00:43:17,560 Since it has satisfied all the 1077 00:43:17,560 --> 00:43:19,640 requirements for preliminary approval of 1078 00:43:19,640 --> 00:43:22,400 a minor plat under state law and subject 1079 00:43:22,400 --> 00:43:26,110 to the approved findings of fact. 1080 00:43:26,120 --> 00:43:27,520 » I'll second. 1081 00:43:27,520 --> 00:43:28,960 >> Having heard a motion and a second, 1082 00:43:28,960 --> 00:43:31,160 we'll now take a vote. 1083 00:43:31,160 --> 00:43:32,080 >> Rockabrand. 1084 00:43:32,080 --> 00:43:32,520 >> For. 1085 00:43:32,520 --> 00:43:33,160 >> Reed. 1086 00:43:33,160 --> 00:43:33,600 >> For. 1087 00:43:33,600 --> 00:43:34,360 >> Kaufman. 1088 00:43:34,360 --> 00:43:34,800 >> For. 1089 00:43:34,800 --> 00:43:35,560 >> Ransburg. 1090 00:43:35,560 --> 00:43:37,320 >> For. 1091 00:43:37,320 --> 00:43:41,560 MIP 2603 is approved. 1092 00:43:41,560 --> 00:43:43,400 We'll now move on to 1093 00:43:43,400 --> 00:43:45,400 other business if there is any other 1094 00:43:45,400 --> 00:43:48,790 business. 1095 00:43:48,800 --> 00:43:51,840 Any business for the good of the order? 1096 00:43:51,840 --> 00:43:56,950 Uh committee reports. 1097 00:43:56,960 --> 00:44:01,160 » Redevelopment from July and August 1098 00:44:01,160 --> 00:44:04,520 approval of invoices in addition to 1099 00:44:04,520 --> 00:44:05,640 that. 1100 00:44:05,640 --> 00:44:08,280 We've also had a 2027 budget 1101 00:44:08,280 --> 00:44:11,240 introduction, Avon logistics phase two 1102 00:44:11,240 --> 00:44:13,080 bond discussion, 1103 00:44:13,080 --> 00:44:13,920 uh 1104 00:44:13,920 --> 00:44:17,840 structure point uh fee amendment, and uh 1105 00:44:17,840 --> 00:44:21,520 TIF pledging for hope two bonds, and 1106 00:44:21,520 --> 00:44:23,000 also um 1107 00:44:23,000 --> 00:44:25,320 discussion regarding Avon logistics TIF 1108 00:44:25,320 --> 00:44:29,510 bond number two. 1109 00:44:29,520 --> 00:44:32,120 » PZ A 1110 00:44:32,120 --> 00:44:37,710 I know we had a meeting. 1111 00:44:37,720 --> 00:44:40,000 » You did have a meeting. 1112 00:44:40,000 --> 00:44:43,400 And you had one case on your agenda. 1113 00:44:43,400 --> 00:44:44,720 And I believe it was approved if I 1114 00:44:44,720 --> 00:44:46,640 recall correctly. 1115 00:44:46,640 --> 00:44:48,640 >> It was. 1116 00:44:48,640 --> 00:44:50,040 >> It's a special exception for the 1117 00:44:50,040 --> 00:44:52,120 drive-through the new 7 Brews that'll be 1118 00:44:52,120 --> 00:44:53,760 located at Shiloh Crossing. 1119 00:44:53,760 --> 00:44:56,160 >> Thank you very much. And this is why I 1120 00:44:56,160 --> 00:44:59,550 love staff. 1121 00:44:59,560 --> 00:45:01,360 We also had Nirvana Sports on there and 1122 00:45:01,360 --> 00:45:03,920 that got continued. Nirvana Sports, I 1123 00:45:03,920 --> 00:45:06,280 believe, on the PZ agenda, and that got 1124 00:45:06,280 --> 00:45:07,000 continued. 1125 00:45:07,000 --> 00:45:08,560 >> No, that was just here. 1126 00:45:08,560 --> 00:45:09,920 >> Okay. 1127 00:45:09,920 --> 00:45:17,910 Um any other reports? 1128 00:45:17,920 --> 00:45:20,640 Updates? Anything? Okay. In that case, 1129 00:45:20,640 --> 00:45:23,400 we are adjourned.