[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.