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Hello and welcome to the August 24th, 2026 Advisory Plan Commission for the Town of Brownsburg. We'll officially call this meeting to order, and we do have a quorum with six members present, and Mr. Scaldon is absent today. Please rise for a moment of silence and a pledge of allegiance.

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The

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United States of America and to the Republic for which it stands for one nation under God, indivisible, with liberty and justice for all.

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All right, thank you.

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Our first order of business will be the election of officers, staff.

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Yes.

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So, Jessica Herring, she'll be taking over for Lindsay Breone.

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As the recording secretary for the rest of 2026,

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starting in September, starting in September.

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Okay, is there a nomination?

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I guess if we need a nomination in a second for that.

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Mr. Miller, I'd like to nominate, sorry, as a hearing, Jessica Herring.

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Jessica Herring.

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Thank you.

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for a recording secretary.

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Second.

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Any discussion?

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Will Lindsay still be available as a backup in her absence?

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Okay, thank you.

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All those in favor?

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Please respond with aye.

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Aye.

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All those opposed with nay?

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Motion passes.

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All right, next door.

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Item is the approval of previous meeting minutes

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from the July 27th, 2026 regular meeting.

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Any discussions, comments, clarifications?

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I'd like to make a motion to approve the July 27, 2026 regular meeting minutes.

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Second.

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All those in favor?

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Aye.

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All those opposed?

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Motion passes.

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All right.

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Next up, approval of finding a fact and reports of determination for PSDP-26-12.

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Low cost, spay and neuter clinic, parking lot addition, development plan review, and PSDP-26-13, gateway 74, development plan review.

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Any discussion?

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I'd like to make a motion that we approve the findings of facts and report to determination.

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And PSDP-26-12 and DSDP-26-13.

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Was that PSDP-26-13?

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I mean yes, all right. Thank you. Second. All right.

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It's a motion in a second. All those in favor, please respond with aye.

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Aye. Those opposed? All right. Thank you.

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All right. Next up hearing of requests for contingencies.

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We have none and development plan approval requests.

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Yes, Steph.

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Sorry, I'll, for PSDP-26-14, Lyons Transink Development Plan Review.

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All right, so this is PSDP-26-14, Lyons Transink Development Plan Review.

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Okay, so, this consistent with the comprehensive plan satisfies Chapter 2, zoning districts

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districts in Chapter 3 permitted uses, satisfies Chapter 5, site development standards,

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satisfies other applicable provisions of the UDO, satisfies Chapter 7, subdivision regulations

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as applicable, and satisfies construction standards.

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Development plan review, review for conformance with applicable standards of the UDO.

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Commissioners may approve, approve with conditions, or deny the application based on conformity to the standards.

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So just a little history about this project.

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By keeping working with the owner since December to attempt to revise the site plan and better understand the functionality and intended operation of the site.

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Tech comments were issued in December and we subsequently held another tech review meeting based on the updated DPR plans.

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The applicant had to wait six months before being eligible to reapply following the previous denial.

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As part of the revision, the applicant did address several of the items previously identified by staff.

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So,

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for zoning, this is MS Motorsports, location 4005 North County Road 1000 East.

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This development plan is for a 2,860 square foot over the road truck maintenance building

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in a 900 square foot office building to serve Lions Transink.

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The project does not require nor have any previous variances.

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So,

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for chapters two and three, the proposed used vehicle and equipment services, heavy is

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compliant with MS zoning, development is below the max lock coverage, the maximum is 80%.

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The project is at 70.2%.

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All high and setback standards are compliant.

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For chapter five landscaping, the applicant has added the planting quantity that was required

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along with the provided landscaping amounts to their planting schedule per development services

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Tech Review Comments for lighting, the maximum light trespass allowed for an MS-done

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district is 30 lux. The proposal does not exceed this by the property line. For parking,

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the applicant provided 31 truck parking spaces, four standard spaces, and one 88 handicap

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space for a total 36 spaces that meets the parking standards. And then for vision clearance

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triangles, the VCTs are labeled on the applicant's newest landscape plan submittal. No instructions

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are present.

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The project is not located within Brownsburg's water and sewer territories.

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The site is served by citizens' energy in HCRSD. No special provisions that relate

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to the plant are noted for the site. Overlay districts are not applicable to this project,

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and no additional waivers were requested as part of the DPR. However, there are still several

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All outstanding issues that staff has continually asked the applicant to address.

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First, staff remains concerned about ingress and egress from the county road.

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It is still unclear whether any improvements to the roadway will be required,

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including acceleration and deceleration lanes, and how the proposed entrance will align.

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Staff also does not believe that the truck traffic can be completely controlled through signage.

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While signage may help direct truck traffic, there is concern that the proposed truck route signage,

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particularly when combined with the public roadway signage could create confusion for drivers.

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This raises the larger question of how trucks will navigate into and more importantly out of the site.

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Given the potential for 30 or more semis on the property, there are also significant concerns regarding maneuverability including turning movements,

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parking and the ability to get trucks to circulate safely within the site.

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Traffic entering and exiting the property will also be competing with trucks already maneuvering within the site,

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creating additional operational and safety concerns.

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There are also outstanding questions regarding the building details and overall architectural component of the proposal.

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While we understand the proposed square footage, it has never been clearly explained what activities will actually occur on the site.

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Similarly, off the office building continues to appear on the plans in the back corner.

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However, there has not been sufficient detail provided regarding its purpose or how it will function as part of the overall operation.

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So for recommendations, the advisory plan commission may request conditions and

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commitments related to the project and criteria.

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Conditions or commitments must be made as part of the motion.

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Based on the information provided in the criteria responses, staff recommends a motion to deny PESDP,

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ES26, ES1 based on the following criteria.

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No elevations of the office building have been submitted to review for compliance.

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While renderings of the maintenance building have been submitted, no information on the use activities or business occurring inside the structure are available.

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And semi-triple traffic will have limited access to the site via County Road 1000 East.

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the site for north the south and access can only easily be from the west on County Road 400 to enter into the site.

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And on top of that, Wester provided feedback on the SWPPP indicating that the plan is deficient.

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And that significant deficiencies must be addressed before the project can proceed.

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Accordingly, the notice of intent should not be filed and no land disrupting activity should commence until the identified deficiencies have been resolved, and the SWPPP should be revised to clearly identify the total project area and total anticipated land disturbance, both express and acres and should include specifications for temporary and permanent stabilization measures.

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The stabilization provisions include a seeding in multi-plan, the 70% coverage requirement for

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final stabilization in the applicable seven-day stabilization requirement.

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Additionally, the SWPPP did not provide sufficient information regarding proposed runoff control measures,

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including the locations and specifications of grade stabilization structures,

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measures to be implemented for work within water bodies or provisions for erosion and sentiment control

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on individual building lines regulated under the proposed project.

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Deficiencies were also identified in the description of the proposed post-construction stormwater management measures.

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And including stormwater detention and water quality treatment requirements under the applicable local ordinance.

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These items should also be reviewed in conjunction with the separate technical review comments.

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Finally, the SWPP should include maintenance guidelines for the proposed post-construction stormwater.

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measures as well as complete operation and maintenance, manual addressing the inspection,

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maintenance and long-term operation of the stormwater management facilities.

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So ultimately, the question before us is simply whether the proposal can technically meet the applicable development standards,

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but whether this particular use is appropriate for this particular site.

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A use may be able to meet all the development standards and still not be conductive to the surrounding area,

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or the specific characteristics of the property.

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There may be other sites that could more easily accommodate this type of operation,

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because they have better access, larger roadways, signalized intersections,

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four-line highways, or other infrastructure designed to handle the associated truck traffic.

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Staff's concern is that this site is not conducive to an operation of this size and intensity.

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And this also gets to the distinction between zoning and planning.

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Zoning establishes whether or use is permitted and whether the applicable development standards can be met.

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That planning also requires consideration of whether the proposed use is appropriate for the specific site and the surrounding transportation network.

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In this case, the primary use appears to be truck parking.

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The building is a relatively small component of the proposal compared to the overall parking lot and truck operation.

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Therefore, staff's concerns are focused not just on the building itself, but on whether the site is an appropriate location for what is and affect a large scale truck parking operation.

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All

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right. Thank you. Any questions for staff at this time, Ms. Homan?

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Okay. First of all, what's SWPPP?

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I know what SW is, but what's the PPP?

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Stormwater prevention pollution blend.

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Thank you. All right. So, a stormwater review has not been done. Why not?

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So, Wessler reviewed everything from tech and the applicant is here to

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to answer additional questions regarding why that has not been done yet.

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Okay.

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You said that some might truck traffic will have limited access from a thousand east.

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Why?

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So, looking at the north of South Traffic, regarding the turn into the lot, there is currently

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no turn lane into it and we know trucks have wide turn lengths so that we see as a concern.

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In terms of going east to west on 400, we had discussed in tech review that that would

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be really the only easy way for trucks to get in without having to do a lot of maneuvering.

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So that is a concern we do have, especially if trucks are coming from 1000, they might

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not be able to make that turn very easily without any additional road improvements being done.

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All right, but they'd be taking a left into the property.

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They don't need that as big a turn radius as they do when they're making a right.

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Well, if you're coming in from the south and you're trying to turn right,

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that's a big issue that we see.

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Oh, okay.

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I was thinking that they would come from Main Street after getting off the 74.

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Okay.

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Next.

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What's next door to this place?

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So just south of this is the Lucas Royale Raceway.

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there are a few vacant lots between here and there, but it's just to the south.

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All right, there's another property that has a bunch of trucks parked on it.

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What is that? Is that?

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That is predominantly truck parking.

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That is not up to our standards.

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And that is a concern we do have, if it's just truck parking.

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You know what is what's actually happening at that site all right, so yeah

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That's that site to the north is a concern we do have for this. Okay, those are all my questions for staff. Thank you, miss someone. Mr. Gladley. You mentioned there's no acceleration or desolation lanes. Is there on up to add those as well? There are, but in the current plan, there are not any. If you look at the plan, there is there's a little bit of an improvement in terms of creating

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being better turned radius, but there's no official lanes there, and that is a concern that staff has.

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Okay, thank you, no further questions.

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Thank you, Mr. Amphrys.

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Do you know the petitioner owns that property to the north?

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Yes, they do.

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And we have the owner of the property here too.

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Okay, gotcha.

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All right, and then one more of a clerical one, obviously the last point you made was very lengthy to understand that.

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But do we have an obligation to put all of the concerns in the denial request?

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To the extent that's the commission's motion, you can state for the reasons that set forth on the record by staff.

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That's all I got.

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Thank you.

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Thank you, Mr. Doin.

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I'll wait for the applicant.

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Mr. Peps, my question would be for the applicant also.

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So I guess I have one question on the entrance and the Excel decel lanes.

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What do our town standards say you should be installed with this?

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Lauren, are you able to pull that up?

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Just want to add one point about the stormwater commitment language.

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Staff included that because as you've heard, this project has been reviewed several times and

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Lessler has reviewed it at least two or three times this summer, and still some of the items are not met.

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And so if there was a favorable recommendation, staff was just attempting to make sure that not only are they memorialized in the comments that staff has received,

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but also in commitment language because they are conveying stormwater offsite.

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So that was the reason for the sort of the lengthy paragraph there.

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In

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relation to the on-road improvements why Mitchell is looking here, one thing that staff

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is considered over and over is the amount of trucks potentially going in multiple directions.

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When the turn radiuses were addressed, we felt at that time we made a compelling argument

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that the applicant should look at on-road solutions due to the speed of traffic.

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on the road, but also because of aligning with the entrance across the street, making sure

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that people not only had time to slow down, but also were aware of turning movements on

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the, what would be the cross street.

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So we're continuing to look, but I think the genesis of that comment is that most sites

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that are proposing parking and truck traffic in tandem or separate would look at on-road

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improvements to not only slow people down but to make those turning movements less complicated,

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especially on roads that are not improved all the way down with the shoulder.

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So those were some of the thoughts behind it.

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Okay, I appreciate that escalation. I think that mainly answers my questions but

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if you want to follow up any on the standards or.

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So we just pulled them up.

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Lauren, I will just zoom in on that.

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Okay, so these are our standards.

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It's TR-16 in our construction standards.

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So to get into kind of the technical aspects to it, the front of this site will of course

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have a turn in, which goes to the gate, which leads back to the parking.

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But there's also a very large detention area covering about 40% of the front of the property.

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So it does meet the 100 foot minimum on one side.

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It doesn't have to meet it on both, but it does meet it on one side.

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So in staff's mind, the appropriate standard would be to look at how to treat this on road.

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And I think our opinion is at least without having the engineer provide more information

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to us that it meets the minimum standards to at least do deceleration and potentially

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a passing blister but we don't have that data so it's hard to make a recommendation either

224
00:20:10,620 --> 00:20:13,240
way but it wasn't addressed in any way on the plans.

225
00:20:14,660 --> 00:20:17,040
And I don't have anything else to add.

226
00:20:17,380 --> 00:20:17,680
Thank you.

227
00:20:17,680 --> 00:20:29,420
All right. Thank you. So I just just to kind of clarify it sounds like the concerns are kind of a lack of information, correct? Okay. All right. Thank you.

228
00:20:30,120 --> 00:20:37,040
If the applicant is present, would you like to step up and present? Please state your name and address for the record, please.

229
00:20:37,040 --> 00:20:45,250
He's my name is Scott Gilliam with Munch Engineering and my address, I'm 370 Monroe Street

230
00:20:45,250 --> 00:20:48,810
in Monroe, Indiana and the offices in Plainfield.

231
00:20:51,850 --> 00:20:56,250
But answering any questions, I'm filling in for Brian Munch, he's out of town today.

232
00:20:57,370 --> 00:21:01,310
So I'll do my best to fill in any of the information that I can for you all.

233
00:21:03,550 --> 00:21:10,910
As far as the passing blisters and whatnot on the roadway, I know we added in the ASL and

234
00:21:10,910 --> 00:21:17,090
DSL lanes on our side of the road to better facilitate the truck traffic turning in and out.

235
00:21:19,050 --> 00:21:24,350
I know we've got the drive aligned with kind of road 400, I believe, going back towards

236
00:21:24,350 --> 00:21:25,150
the warehouses there.

237
00:21:25,890 --> 00:21:50,270
So, from that standpoint, you know, anything above and beyond that, if you want to go back more towards the town standards, if those are automotive traffic standards versus semi-truck standards, I would imagine if we have to do something along the lines of semi-trucks, it may actually have to increase in those departments, but I don't know that you have anything set up for that in your town standards.

238
00:21:51,990 --> 00:21:58,310
I apologize. I don't believe that we've seen any plans with A.C.L. D.C.L. lanes.

239
00:21:59,470 --> 00:22:20,250
Okay. I'm sorry. I'm filling in. So what I know about the project in terms of the coming in and out for the entryways and whatnot, I know we I guess tapers would be a better description for them as opposed to A.C.L. D.C.L.

240
00:22:20,250 --> 00:22:24,050
So we had to better facilitate the truck turning radius

241
00:22:24,050 --> 00:22:25,450
is coming in and out of the site.

242
00:22:26,830 --> 00:22:29,450
And like he said earlier with the detention pond

243
00:22:29,450 --> 00:22:33,870
or detention pond on the site, there's not

244
00:22:33,870 --> 00:22:35,830
a lot of room to try and squeeze everything through there.

245
00:22:36,030 --> 00:22:39,930
So obviously with the truck traffic coming in and out,

246
00:22:40,550 --> 00:22:44,710
we're not looking at, you know, some eyes coming in

247
00:22:44,710 --> 00:22:45,810
and out of there constantly.

248
00:22:46,190 --> 00:22:47,710
It's overnight parking basically.

249
00:22:48,730 --> 00:22:51,430
the maintenance building would be for emergency repairs

250
00:22:51,430 --> 00:22:54,390
if somebody were to come in needing a tire retrad

251
00:22:54,390 --> 00:22:57,090
or something like that, they'd park overnight

252
00:22:57,090 --> 00:22:59,150
and move on down the road.

253
00:22:59,530 --> 00:23:02,410
And to your point, most of the traffic probably

254
00:23:02,410 --> 00:23:05,210
would be coming in off the interstate routing in through.

255
00:23:06,670 --> 00:23:09,790
So could we handle through signage probably,

256
00:23:10,190 --> 00:23:12,770
but as you know, most people are gonna be going off GPS.

257
00:23:12,770 --> 00:23:24,870
Yes. So, I think some of that there is going to be dictated by, like you say, signs or even stoplight potentially going into that intersection if we did something there.

258
00:23:30,730 --> 00:23:33,850
Do you have anything else to add or should we go with questions?

259
00:23:34,770 --> 00:23:36,230
You can go to questions if you'd like to.

260
00:23:36,750 --> 00:23:39,230
Ms. Holman, do you like to ask any questions to the applicant?

261
00:23:41,870 --> 00:23:49,710
The stormwater review, why haven't you provided the information regarding the stormwater review

262
00:23:49,710 --> 00:23:50,530
and their needs?

263
00:23:51,730 --> 00:23:55,290
My understanding was we had with this latest revision on it.

264
00:23:56,530 --> 00:24:01,630
I think the biggest thing was the ONM manual for post-construction measures, that's right.

265
00:24:03,930 --> 00:24:09,890
So a lot of that is just a case of trying to get to making sure that the operation for

266
00:24:09,890 --> 00:24:15,830
on a daily maintenance after storm events, that that information is made available, which I thought was in the O&M manual.

267
00:24:16,730 --> 00:24:25,610
Did I hear you right that you said that the parking area was mostly for trucks to park overnight?

268
00:24:26,250 --> 00:24:28,230
That's my understanding. That's what it's like, right? Yeah.

269
00:24:31,030 --> 00:24:35,150
Could you step up to the microphone and state your name and address for the record, please?

270
00:24:37,250 --> 00:24:42,010
Jigna Shah, owner of the property, address 2061, spring

271
00:24:42,010 --> 00:24:44,950
record, Aivan, Indiana 4623.

272
00:24:46,090 --> 00:24:52,390
Basically, truck parking needs is driver on the road, almost 4 to 5 days a week, comes

273
00:24:52,390 --> 00:24:56,270
on the weekend, park the truck over there, if they need a little maintenance.

274
00:24:57,110 --> 00:25:01,350
They leave the truck over there for a couple of days and then when it's done, they come pick

275
00:25:01,350 --> 00:25:02,130
up their truck.

276
00:25:02,130 --> 00:25:06,470
most of the time they use the Ronald Reagan and they

277
00:25:06,470 --> 00:25:12,410
come straight to the parking at the location of 4005 East

278
00:25:12,410 --> 00:25:17,190
1000 East. So taking turn is hard for them. So they're

279
00:25:17,190 --> 00:25:21,130
going to avoid taking those tarp done anyways. So they're

280
00:25:21,130 --> 00:25:24,870
going to come out from the property go straight to that next

281
00:25:24,870 --> 00:25:28,330
to the warehouse and go straight left or right to the Ronald

282
00:25:28,330 --> 00:25:30,830
Reagan and they have a traffic light over there.

283
00:25:30,830 --> 00:25:39,510
Okay. Well, I thought that you kind of sold this to us as a truck maintenance property,

284
00:25:39,770 --> 00:25:41,250
not a truck parking property.

285
00:25:42,070 --> 00:25:48,330
No, it is a parking and we have a small maintenance building.

286
00:25:50,430 --> 00:25:53,390
If it's get approved, it's going to get built.

287
00:25:55,170 --> 00:25:55,810
Okay.

288
00:25:55,810 --> 00:26:00,390
Okay, I knew on the property next door too.

289
00:26:01,210 --> 00:26:02,650
No, ma'am, I'm not.

290
00:26:03,850 --> 00:26:07,270
Why is the dumpster so far away from the maintenance facility?

291
00:26:11,060 --> 00:26:13,560
Just to make sure it's out of the way from truck drag.

292
00:26:13,660 --> 00:26:19,460
Somebody's going to, somebody's going to drag, change parts or whatever all the way over

293
00:26:19,460 --> 00:26:20,280
to that dumpster.

294
00:26:21,280 --> 00:26:26,160
Well, I think anything if it's stuck on the interior of the building, that's going in probably

295
00:26:26,160 --> 00:26:31,420
collection bin and being hauled off separately as opposed to daily trash that's for that dumpster.

296
00:26:33,640 --> 00:26:40,800
Okay how many employees do you think you'll have? We have a two employee right now it's a

297
00:26:40,800 --> 00:26:47,600
once if this is approved how many employees will you have? Then the repair shop people maybe have a

298
00:26:47,600 --> 00:26:54,320
three to four and the truck driver is going to be whatever like however many trucks get parked.

299
00:26:55,020 --> 00:27:01,340
All right, and in an earlier iteration of this property, they mentioned putting a chain

300
00:27:01,340 --> 00:27:03,440
link fence all the way around the property.

301
00:27:04,520 --> 00:27:11,700
It's my understanding that chain link fence is not allowed around the property per the

302
00:27:11,700 --> 00:27:12,080
UDO.

303
00:27:13,600 --> 00:27:15,780
I believe that was the argument last time.

304
00:27:17,440 --> 00:27:23,080
And especially in the front yard where I imagine you want to put the chain link and chain link

305
00:27:24,200 --> 00:27:40,320
on this condition they moved the fence so you can see it goes behind the drainage so it's technically in the side yard now so they did alleviate that from their last presentation and on their back in February they had it as chain link with slats, which was not permitted so now I believe it's just

306
00:27:41,040 --> 00:27:45,560
well it still has chain link fence with private sleep slats on the bottom so that'll need to be addressed.

307
00:27:46,500 --> 00:27:48,220
All right that's what I'm addressing.

308
00:27:48,220 --> 00:27:48,340
housing.

309
00:27:51,220 --> 00:27:56,280
How long is the maintenance building that is for emergency needs?

310
00:27:57,660 --> 00:27:58,480
The size of the maintenance.

311
00:28:06,310 --> 00:28:09,830
Peers to say 130 by 22 feet. Does that sound accurate?

312
00:28:10,770 --> 00:28:14,890
All right. Do we need to put an embellishment on that building because of the long sides?

313
00:28:18,480 --> 00:28:24,080
Currently, we've only seen the same renderings you have. We haven't seen any architectural

314
00:28:24,080 --> 00:28:33,900
details for the building, so there are some things we can't say about blank wall limits until we actually have a permit set.

315
00:28:34,460 --> 00:28:36,840
Okay, all right, that's the last of my questions.

316
00:28:37,340 --> 00:28:39,060
May I say something?

317
00:28:39,800 --> 00:28:49,340
So for the office building, are the maintenance building, we didn't have any engineer work done yet because we don't know this is going to get approval or not.

318
00:28:50,040 --> 00:28:50,720
Any drawing?

319
00:28:51,560 --> 00:28:57,920
This is for approval, this is your development plan and this is for your approval so anything

320
00:28:57,920 --> 00:29:01,720
that you put on your picture I think that we should be able to ask you questions about

321
00:29:02,400 --> 00:29:05,220
including the office and how tall it is.

322
00:29:05,580 --> 00:29:11,860
So the office is in the future, we do not ready to put the office over there yet.

323
00:29:12,300 --> 00:29:12,560
Okay.

324
00:29:14,690 --> 00:29:15,330
All right.

325
00:29:15,770 --> 00:29:16,090
Thank you.

326
00:29:18,070 --> 00:29:22,630
I think if I can jump in for a minute, if you don't mind, it would appear that a lot

327
00:29:22,630 --> 00:29:27,970
of information is needed for us to make a decision on this to move forward with it at

328
00:29:27,970 --> 00:29:28,250
least.

329
00:29:28,730 --> 00:29:35,910
I guess with Councillor Staff, you know, it seems like continuing this may be something

330
00:29:35,910 --> 00:29:38,650
to consider so the additional information could be gathered.

331
00:29:39,490 --> 00:29:43,710
I know this has been ongoing for a while so I don't know where we are with the status

332
00:29:43,710 --> 00:29:48,310
if it restarted, if we could kind of see, just want to know what options are so we could discuss with the applicant.

333
00:29:48,690 --> 00:29:52,690
Yeah, you could certainly continue the case if that's the desire of the commission.

334
00:29:53,770 --> 00:29:55,810
Your other options are to approve or deny.

335
00:29:57,210 --> 00:29:59,810
To the extent you do continue it, I would probably ask that.

336
00:30:00,000 --> 00:30:31,360
The commission gives specific direction as to what your expectations are for the information that needs to be delivered so that staff can monitor that accordingly to make sure that it's provided timely in advance of your next meeting. All right. Thank you. I guess. From the staff perspective, I think it's always a measured balance to continually hunt for information. If someone is at a point where they don't have

337
00:30:31,360 --> 00:30:36,180
of it to provide or are unwilling to go any further.

338
00:30:37,220 --> 00:30:44,900
I think that staff would just like everyone to know that we have asked for several things.

339
00:30:45,640 --> 00:30:52,420
I've only been here since June the 8th and I've been involved in that and I know there were some questions before.

340
00:30:53,200 --> 00:30:59,620
So the commission is obviously the boss there, but just from staff's perspective,

341
00:30:59,620 --> 00:31:13,080
There's been no lack of trying to get additional information, so I think from our perspective we're willing to monitor if parameters are set.

342
00:31:15,670 --> 00:31:21,670
So it's clear to say we have provided clarity on what information is needed.

343
00:31:26,330 --> 00:31:27,130
I

344
00:31:30,460 --> 00:31:43,080
guess, for the applicant, would you consider us continuing this where we can provide clear follow-up on the information that's been requested?

345
00:31:43,280 --> 00:31:44,580
Yeah, absolutely.

346
00:31:46,000 --> 00:31:47,900
Okay, fellow commissioners.

347
00:31:48,280 --> 00:31:50,400
Yeah, that makes sense.

348
00:31:50,400 --> 00:31:52,820
If you're willing to, if you have the information you said you had.

349
00:31:53,600 --> 00:31:55,700
Yeah, that's going to be able to go down here.

350
00:31:55,840 --> 00:32:01,640
And I think some of it would be being able to sit down more face-to-face with everybody

351
00:32:01,640 --> 00:32:06,500
involved over here, as far as the tech reviews and stuff like that, and make sure we're all

352
00:32:06,500 --> 00:32:11,000
on the same page instead of trying to do stuff through emails and whatnot, and translation

353
00:32:11,000 --> 00:32:16,420
may get a little discombobulated on our end, but yeah, it would be more than appreciative

354
00:32:16,420 --> 00:32:16,820
of that.

355
00:32:17,620 --> 00:32:23,460
Okay, the staff have enough information we can provide a written.

356
00:32:24,120 --> 00:32:28,040
We have given them written tech review comments.

357
00:32:28,740 --> 00:32:32,040
We have sent them via email in addition.

358
00:32:32,780 --> 00:32:35,700
We have sent them the store model review sheets.

359
00:32:36,140 --> 00:32:38,420
We have sent them emails back and forth.

360
00:32:38,420 --> 00:32:42,940
We've met with Miss Gina twice outside of her engineers.

361
00:32:42,940 --> 00:32:56,000
I don't know what, it becomes a question of, we continually tell them what they need to provide, and we don't get it back.

362
00:32:56,220 --> 00:33:04,700
So if it's a face-to-face meeting, we can do that, but I don't know what more we can say that is not in writing.

363
00:33:04,860 --> 00:33:07,100
We're not negotiating development standards.

364
00:33:07,280 --> 00:33:10,380
We're not negotiating what is required for stormwater.

365
00:33:10,380 --> 00:33:16,960
We're not negotiating it. You know what I mean? So happy to do it. At the Commission's advice will do what means to be done.

366
00:33:20,830 --> 00:33:23,530
So will those answers be forthcoming?

367
00:33:24,330 --> 00:33:28,510
In other words, do you have the information and they've just chosen not to give it to us?

368
00:33:28,630 --> 00:33:33,910
There's like the stormwater information. We did get that in and as far as I knew that it was

369
00:33:33,910 --> 00:33:41,170
It had hardly been taken care of and sent over, but I may be misinformed on that one, so yeah, okay

370
00:33:41,990 --> 00:33:46,110
So it sounds like there's additional information that is ready, that hasn't been provided.

371
00:33:46,910 --> 00:33:47,350
Potentially.

372
00:33:47,570 --> 00:33:47,670
Yeah.

373
00:33:48,450 --> 00:33:51,270
Again, I haven't been the one involved in this project much.

374
00:33:51,410 --> 00:33:53,450
I'm filling in right now for tonight.

375
00:33:53,730 --> 00:33:54,730
I think that's another reason to.

376
00:33:54,850 --> 00:34:01,730
Well, I can take those concerns back to Brian and say, hey, you know, we need to jump on this and get this, you know, ABC kind of taken care of.

377
00:34:02,470 --> 00:34:02,710
Okay.

378
00:34:03,330 --> 00:34:07,870
I guess I'd like to hear from other commissioners if you think we should continue tonight.

379
00:34:19,310 --> 00:34:35,550
I'm not saying this yet, but just with the list provided, previously provided, or a new list provided, and before they can come back for one last, and then we need to get timing to within 30 days of whether the next meeting.

380
00:34:36,070 --> 00:34:38,630
Yeah, I think you can only continue to your next meeting, right?

381
00:34:38,830 --> 00:34:42,330
So I think the expectation should be that, to the extent the commission does continue the case,

382
00:34:42,530 --> 00:34:46,350
all information must be provided by the time the packets are released for your next meeting

383
00:34:47,630 --> 00:34:49,170
in accordance with the plan commission schedule.

384
00:34:50,070 --> 00:34:50,870
We have the option.

385
00:34:51,010 --> 00:34:54,770
We could say within the next two, or does it have to be this next meeting, is that?

386
00:34:54,770 --> 00:34:56,750
I wouldn't continue it beyond a second meeting.

387
00:34:56,870 --> 00:34:57,350
I would not do that.

388
00:34:57,430 --> 00:34:59,770
I would keep it to the next meeting, and then if you find out that you need to.

389
00:34:59,790 --> 00:35:01,250
Is Brian back in time to do?

390
00:35:01,590 --> 00:35:03,350
Yeah, he'll actually be back this week.

391
00:35:03,530 --> 00:35:03,710
Okay.

392
00:35:05,890 --> 00:35:16,370
Okay. Thank you. I feel like, I mean I know they're re-bring it forward again, but they've

393
00:35:16,370 --> 00:35:21,210
been working on it and it seems like there shouldn't be this much information we're waiting on.

394
00:35:23,650 --> 00:35:30,890
I feel like they're trying to get a parking lot and they're selling us on a maintenance building in

395
00:35:30,890 --> 00:35:35,850
office that they haven't, they haven't even designed the office because they don't know

396
00:35:35,850 --> 00:35:36,490
it's going to be approved.

397
00:35:36,730 --> 00:35:39,290
So how serious are they about those two buildings?

398
00:35:41,210 --> 00:35:44,010
And if they get, are they going to get built?

399
00:35:44,370 --> 00:35:48,090
I feel like they've had plenty of time.

400
00:35:50,030 --> 00:35:55,430
They haven't been responsive, so I'm continuing.

401
00:35:55,430 --> 00:35:57,870
Well, then let's continue with our questions.

402
00:35:58,590 --> 00:36:04,610
And then once we've all had an opportunity to ask our questions and we want to have discussion after that, then we can have a motion.

403
00:36:05,870 --> 00:36:07,490
Mr. Clarely, would you like to ask any questions?

404
00:36:07,850 --> 00:36:09,130
Sure, just one question.

405
00:36:09,750 --> 00:36:14,050
So you have 36 truck parking spaces, only four car parking spaces.

406
00:36:14,250 --> 00:36:17,910
What is the expectation about how the drivers will inter and leave the property?

407
00:36:19,810 --> 00:36:33,510
So normally when they come in the car and go to the truck, they reverse their truck, park their car on their truck parking spot, and they park their car over there.

408
00:36:35,620 --> 00:36:41,000
Okay, so there'll be a little bit of movement as they enter, about to move things around a bit as they enter and leave the property.

409
00:36:42,020 --> 00:36:43,740
Okay, no further questions from me.

410
00:36:44,820 --> 00:36:45,540
Mr. Jeffrey?

411
00:36:45,980 --> 00:36:46,800
That was mine.

412
00:36:47,540 --> 00:36:47,960
Mr. Dolan?

413
00:36:48,540 --> 00:36:49,520
No other questions.

414
00:36:49,520 --> 00:36:53,200
questions. Mr. Peps. My mind more answered. Thank you.

415
00:36:53,560 --> 00:36:56,460
All right. Thank you. I do not have any other questions.

416
00:36:57,900 --> 00:36:58,980
All right. Thank you.

417
00:36:59,320 --> 00:36:59,920
Okay. Thank you.

418
00:37:01,480 --> 00:37:10,280
All right. So this is a development plan review. So we have the option to approve, deny, or continue.

419
00:37:10,600 --> 00:37:13,400
I guess any further discussion before motion?

420
00:37:17,480 --> 00:37:26,320
I'd say give them another chance at continuing, but if they follow short of that, I don't know if there's a way to dismiss it.

421
00:37:27,480 --> 00:37:30,020
Or we just give them an, yeah, we just deny.

422
00:37:33,800 --> 00:37:36,380
In denial, do they have six months again to come back?

423
00:37:36,560 --> 00:37:38,280
Does denial create a six month window?

424
00:37:40,890 --> 00:37:45,590
I believe it's a one year adverse impact decision, so therefore they'd be out 12 months.

425
00:37:46,070 --> 00:37:46,250
Okay.

426
00:37:52,740 --> 00:37:54,460
There's no other discussion.

427
00:37:54,460 --> 00:38:02,800
I do have one question for Council, if we have a motion to approve or deny, and it does not pass.

428
00:38:03,500 --> 00:38:08,600
Do we have to have, does that indicate the other one, or do we have to take another motion?

429
00:38:08,860 --> 00:38:17,760
Not necessarily, depends on the nature of the first motion, but the key to it is that you need a majority of the entire commission to take official action, so it does require four.

430
00:38:18,080 --> 00:38:18,720
Right, commissioners.

431
00:38:19,520 --> 00:38:19,960
Thank you.

432
00:38:20,880 --> 00:38:21,600
Is there a motion?

433
00:38:30,920 --> 00:38:36,040
there's been no motion. The applicant did have something else she'd like to add with your consent.

434
00:38:37,740 --> 00:38:38,540
Any objection?

435
00:38:39,740 --> 00:38:40,600
Please stop up.

436
00:38:46,560 --> 00:38:50,860
Thank you. So we have been hired Brian for almost five years

437
00:38:52,160 --> 00:38:58,040
and literally I call so many time to Bronzeberg. I didn't get lucky to talk to anyone.

438
00:38:58,040 --> 00:39:05,880
Recently, I tried calling and Mitchell has been answering my call and since then, I have

439
00:39:05,880 --> 00:39:14,260
been forcing Brian to reply to all the requirement, Brunsburg has been asking.

440
00:39:15,480 --> 00:39:24,100
So I think as a property owner, I was not very strict with Brian, followed with him because

441
00:39:24,100 --> 00:39:28,180
Because each time I call his office or him, he will say,

442
00:39:28,360 --> 00:39:30,700
oh, Browns Berkeley, this, Browns Berkeley, this,

443
00:39:30,980 --> 00:39:35,480
and when I personally talk to Mitchell very first time,

444
00:39:35,680 --> 00:39:37,680
he say, there is no communication

445
00:39:37,680 --> 00:39:39,500
for almost a year and a half.

446
00:39:40,440 --> 00:39:44,520
So before you guys deny, if you guys can give me one more chance,

447
00:39:45,180 --> 00:39:47,340
now I know that what is the gap?

448
00:39:48,020 --> 00:39:54,080
I will try to go with Brian because I

449
00:39:56,380 --> 00:39:57,360
Thank you.

450
00:39:57,520 --> 00:39:57,620
Okay.

451
00:39:57,860 --> 00:39:58,580
Thank you.

452
00:40:01,020 --> 00:40:01,280
Yeah.

453
00:40:01,800 --> 00:40:02,300
All right.

454
00:40:02,380 --> 00:40:03,280
Good promotion then.

455
00:40:03,600 --> 00:40:03,820
Yes.

456
00:40:04,100 --> 00:40:04,780
I think we can.

457
00:40:04,900 --> 00:40:04,980
Yeah.

458
00:40:05,180 --> 00:40:06,080
That kind of does it for me.

459
00:40:06,100 --> 00:40:07,680
Because I've been in the situation before.

460
00:40:07,900 --> 00:40:08,840
I understand how these things happen.

461
00:40:09,060 --> 00:40:15,800
So I would like to make a motion to continue based upon staff providing a comprehensive list of

462
00:40:15,800 --> 00:40:20,380
what the information they need and facilitating one last face-to-face meeting.

463
00:40:26,280 --> 00:40:32,160
continue to the 28th to continue to the next month's meeting which is

464
00:40:32,160 --> 00:40:34,440
December 28th.

465
00:40:34,720 --> 00:40:35,460
Thank you.

466
00:40:43,560 --> 00:40:44,100
Second.

467
00:40:44,500 --> 00:40:45,240
All right.

468
00:40:45,460 --> 00:40:45,740
Thank you.

469
00:40:45,900 --> 00:40:50,960
So we have a motion to continue this case.

470
00:40:51,680 --> 00:40:54,140
PSTP-26-14.

471
00:40:54,740 --> 00:41:00,680
Lions Transing Development Plan Review to the next meeting on September 28th in this

472
00:41:00,680 --> 00:41:09,380
room with staff clarifying the needs and a face-to-face meeting with the applicant.

473
00:41:12,340 --> 00:41:14,160
So we'll take a vote.

474
00:41:14,440 --> 00:41:17,100
All those in favor, please say aye.

475
00:41:17,800 --> 00:41:18,200
Aye.

476
00:41:19,320 --> 00:41:21,000
Those opposed, please say nay.

477
00:41:21,520 --> 00:41:21,740
Aye.

478
00:41:22,580 --> 00:41:23,840
We'll take a roll call, please.

479
00:41:25,020 --> 00:41:26,780
Ms. Homan, in favor or opposed?

480
00:41:27,160 --> 00:41:27,560
In favor.

481
00:41:28,040 --> 00:41:28,500
Mr. Clayton.

482
00:41:28,920 --> 00:41:29,380
In favor.

483
00:41:29,760 --> 00:41:30,200
Mr. Humphries.

484
00:41:30,380 --> 00:41:30,740
In favor.

485
00:41:30,740 --> 00:41:35,220
I'm in favor, Mr. Paps in favor.

486
00:41:35,880 --> 00:41:37,000
Thank you.

487
00:41:37,140 --> 00:41:41,380
So the cases continue to the next meeting, 505-1, thank you.

488
00:41:53,560 --> 00:41:59,440
Next up is old business, which we have none, so we'll move to continued public hearings,

489
00:42:00,140 --> 00:42:09,800
which is PCZT-26-2 and PCMA-26-4.

490
00:42:09,800 --> 00:42:19,040
Croger zoning text amendment and rezone now open the public hearing at 642 staff.

491
00:42:27,940 --> 00:42:29,180
Thank you, commission members.

492
00:42:29,740 --> 00:42:41,100
We will present PCZT-262 and PCMA-264, the rezone map amendment and the text amendment together.

493
00:42:41,100 --> 00:42:52,860
The requirements for both of these applications are the same, and we'll serve to request a amendment of the plan unit development known as Heritage Hill.

494
00:42:54,520 --> 00:42:56,680
You will take separate votes on them.

495
00:42:57,980 --> 00:42:58,680
On the side,

496
00:43:07,230 --> 00:43:08,670
I'm not smart as the,

497
00:43:18,460 --> 00:43:19,600
that's what I tried first.

498
00:43:20,100 --> 00:43:21,080
Okay, thank you.

499
00:43:21,080 --> 00:43:21,940
There

500
00:43:27,820 --> 00:43:47,250
are state laws requiring you give consideration to the five criterion which we're going to discuss later in the presentation after we've gotten through some of the history above on this is an aerial of the site.

501
00:43:47,250 --> 00:43:58,330
This is a 12.1 acre site located at the south-west corner of north-view, I mean north-field and green street.

502
00:43:59,050 --> 00:44:05,750
I want to talk for a minute about the totality of the proposal and a plan unit development.

503
00:44:05,750 --> 00:44:16,410
And PUD is the development of a mix of zoning classifications, densities and uses under a common classification.

504
00:44:17,030 --> 00:44:22,190
And it should also include development standards as it does become the ordinance.

505
00:44:22,570 --> 00:44:29,650
There have been a lot of comments about variances and because they write in their development standards,

506
00:44:29,650 --> 00:44:36,290
This is what they have to live up to is whatever is in that DP statement, and that's recorded document.

507
00:44:36,950 --> 00:44:40,970
So basically, this is a custom zoning situation.

508
00:44:42,770 --> 00:44:48,150
In the history, this, I'm

509
00:44:50,480 --> 00:44:53,000
going to go to the, oh, there we go, sorry.

510
00:44:53,000 --> 00:44:59,640
Okay, this was part of a property zoned 270.

511
00:45:00,000 --> 00:45:29,520
6.3 acres originally in the Hendrix County jurisdiction. And then in 2010, it was annexed and rezoned as a PUD for the town of Brownsburg. The history shows the PUD has been provided various densities of residential development and commercial development. The application filed in 2010 includes the amount that's on the overhead in front of you that labels this property as Camargo commercial.

512
00:45:29,520 --> 00:45:38,920
However, the written and recorded development statement references a in-text, a commercial

513
00:45:38,920 --> 00:45:43,040
component as section 6 heritage crossing.

514
00:45:43,640 --> 00:45:50,780
But this recorded document did not include this conceptual plan nor indicate legal descriptions

515
00:45:50,780 --> 00:45:59,120
for each of the areas within the planning unit development or even acreages for each section

516
00:45:59,120 --> 00:46:02,660
and to try to identify what use was where.

517
00:46:04,240 --> 00:46:06,920
However, this should be noted.

518
00:46:07,140 --> 00:46:12,380
We have found a deed for this 12.1 acres.

519
00:46:12,820 --> 00:46:18,160
The original applicant in 2010 was Rolling Hills, LLC.

520
00:46:19,120 --> 00:46:25,520
In 2013, I believe, they deeded this 12.1 acres

521
00:46:25,520 --> 00:46:32,780
to Heritage Hills LLC, which is what is referenced in the written development statement.

522
00:46:33,560 --> 00:46:39,840
And also a note is that this property has been taxed as commercial property since 2012.

523
00:46:40,500 --> 00:46:51,920
And then to finish up that track of thinking this property was sold by Heritage Crossing to the Fudge Trust in 2016.

524
00:46:51,920 --> 00:47:01,560
And with that, I want to make the point that this history on this is long, and it's complicated, and it's not complete.

525
00:47:02,460 --> 00:47:17,560
And so there are a lot of holes in it, and the applicants have filed the appropriate petitions to request this change and to add the development standards for this use.

526
00:47:18,380 --> 00:47:23,720
We can't fix the documentation that we have or the history.

527
00:47:24,240 --> 00:47:30,560
But we're here in 2026, the application is filed appropriately to try to change this

528
00:47:30,560 --> 00:47:31,560
plan unit development.

529
00:47:34,340 --> 00:47:37,420
This is the site plan with the landscaping shown.

530
00:47:38,280 --> 00:47:45,480
And while this is not a development plan approval because it's amending a PUD, the applicants

531
00:47:45,480 --> 00:47:54,320
of file much more detailed than is required normally at this stage, which would normally be writing the development statements and providing a concept plan.

532
00:47:54,980 --> 00:47:59,040
If approved, this is not the final approval.

533
00:47:59,260 --> 00:48:04,240
They would still be required to file for a plat approval and for development plan approval.

534
00:48:04,820 --> 00:48:11,780
This site plan shows 99,000 square feet grocery, 380 parking spaces,

535
00:48:11,780 --> 00:48:15,000
three loading spaces to the west behind the store.

536
00:48:15,930 --> 00:48:22,320
On the north side are pickup spaces for online groceries, as well as a drive-through pharmacy window.

537
00:48:22,820 --> 00:48:28,360
And then at the northeast corner of the site at the signalized intersection of fueling facility.

538
00:48:31,280 --> 00:48:40,640
This is a colored rendering of the landscape plan that demonstrates the areas of tree preservation, high intensity buffers,

539
00:48:40,640 --> 00:48:49,740
And the larger width of those yards than what would be required in our UDO on both the South and the West.

540
00:48:51,940 --> 00:48:56,840
I also want to point out on this, the same plan that you saw before.

541
00:48:57,300 --> 00:49:02,400
I drew on this plan, you'll see a blue line to the West behind the store,

542
00:49:02,540 --> 00:49:08,320
and it comes down and curves around the South-West corner of the store.

543
00:49:08,320 --> 00:49:10,760
That blue line is a retaining wall.

544
00:49:11,220 --> 00:49:14,720
Then the yellow line that parallels it comes down,

545
00:49:14,940 --> 00:49:18,320
and then comes across the south side of the property

546
00:49:18,990 --> 00:49:21,960
is the six foot proposed vinyl fence.

547
00:49:22,780 --> 00:49:25,400
And since the original site plan was filed,

548
00:49:25,600 --> 00:49:27,840
they had, Kroger has updated this

549
00:49:28,390 --> 00:49:32,740
and extended that proposed fence to the front line

550
00:49:32,740 --> 00:49:35,560
of the store that's shown in orange.

551
00:49:35,560 --> 00:49:38,360
So, those are what we have in play here.

552
00:49:38,740 --> 00:49:45,400
And then this plan also indicates three cross sections that the applicants have provided

553
00:49:45,400 --> 00:49:49,840
to demonstrate the landscape buffering that they are proposing.

554
00:49:51,880 --> 00:49:56,020
The first one section A, and this is closer to Green Street.

555
00:49:56,820 --> 00:50:05,500
And it shows you that there is a 28 foot high intensity vegetative buffer, and then 18 feet

556
00:50:05,500 --> 00:50:09,620
of tree preservation for a total of 46 feet.

557
00:50:10,000 --> 00:50:14,740
You will remember from the amendments we made to the ordinance earlier this year,

558
00:50:15,020 --> 00:50:23,060
we addressed high intensity buffers that are used just for this purpose when you have unlike uses come in beside each other.

559
00:50:23,320 --> 00:50:32,940
Such as industrial or commercial, next to residential, and it identifies whether you need a low intensity, medium intensity or high intensity.

560
00:50:32,940 --> 00:50:47,100
The width for the high intensity buffers range from 15 feet to 25 feet and then that depends on which option you choose as far as the number of plants and if you're doing offense.

561
00:50:50,870 --> 00:50:59,950
The next cross section is further west but still showing the property line from to south.

562
00:51:01,030 --> 00:51:07,470
Again, we have 24 feet of high intensity buffer, 22 feet of tree preservation.

563
00:51:08,030 --> 00:51:18,730
And you'll note on this plan, there's a black line at the bottom of the embankment there with the landscaping, which is showing the proposed six-foot tall vinyl fence.

564
00:51:19,330 --> 00:51:28,730
The red line in this drawing at the top of the embankment is what our ordinance calls out to have the landscaping on the outside of the fence.

565
00:51:28,730 --> 00:51:37,070
So, when they would, if they are approved and file a development plan approval, we would be asked them to move that fence.

566
00:51:42,010 --> 00:51:47,810
The next cross section is from the development to the west.

567
00:51:48,270 --> 00:51:58,530
And in this area, that landscape tree preservation, and then the embankment, you see the fence at the top of the embankment on this drawing,

568
00:51:58,530 --> 00:52:05,450
ranges from 80 to over 100 feet, depending on exactly where you are on the site plan.

569
00:52:10,220 --> 00:52:16,260
As I said previously, the state law requires reasonable consideration be paid to the following criterion.

570
00:52:17,160 --> 00:52:19,260
Criterion 1, the comprehensive plan.

571
00:52:19,720 --> 00:52:25,940
The comprehensive plan and the future loan use map notes this area as recommended for local commercial.

572
00:52:25,940 --> 00:52:34,100
And it also identifies as commercial on the business area planned within the comprehensive plan.

573
00:52:34,520 --> 00:52:37,600
The proposed project is in line with this recommendation.

574
00:52:38,060 --> 00:52:46,340
The comprehensive plan was adopted in May of 2019 and the map was last updated in September of 2021.

575
00:52:47,300 --> 00:52:51,480
Criterion 2, current conditions and structures within the district.

576
00:52:51,480 --> 00:52:57,340
There are a mix of uses in this area with single family development to the south and the west,

577
00:52:57,880 --> 00:53:04,080
multi-family development to the north, and commercial development under construction to the east across Green Street.

578
00:53:04,720 --> 00:53:10,260
The project includes a text amendment that details the development standards for this proposal.

579
00:53:11,120 --> 00:53:18,820
And the UDO, as I already described, requires that properties of budding residential development

580
00:53:18,820 --> 00:53:25,980
provide high intensity buffers specifically with from 15 to 25 feet in width.

581
00:53:26,520 --> 00:53:30,820
The proposed tax amendment provides a combination of tree preservation and

582
00:53:30,820 --> 00:53:35,400
additional plantings of varying widths from 42 feet to over 100.

583
00:53:35,960 --> 00:53:42,700
Along the south and west perimeters, providing a larger buffer and in some areas a solid fence.

584
00:53:43,540 --> 00:53:47,440
The architectural details include cast brick and stone veneer.

585
00:53:47,440 --> 00:53:52,380
The scale and materials are similar to other commercial uses that have been improved across

586
00:53:52,380 --> 00:53:53,140
Green Street.

587
00:53:54,240 --> 00:53:58,440
Criterion 3, the most desirable land use in the zoning area.

588
00:53:59,580 --> 00:54:05,660
The project is located at a signalized intersection and on a primary arterial.

589
00:54:06,000 --> 00:54:09,740
These are very important for commercial development.

590
00:54:10,360 --> 00:54:15,800
Since the original annexation and rezoning to PUD, several amendments have been made to

591
00:54:15,800 --> 00:54:17,460
this plan unit development.

592
00:54:17,920 --> 00:54:21,440
This is the appropriate process and

593
00:54:21,440 --> 00:54:25,660
the request is in compliance with the current land use recommendation and

594
00:54:25,660 --> 00:54:32,800
we feel the additional buffering and setbacks that have been incorporated in the plan help the proposal as well.

595
00:54:34,840 --> 00:54:38,940
Criterion 4, the conservation of property values throughout the jurisdiction.

596
00:54:39,820 --> 00:54:44,580
The project's not expected to have a negative impact on property values.

597
00:54:51,080 --> 00:54:59,820
Generally, property values across the jurisdiction are continued to increase across all development types.

598
00:55:00,120 --> 00:55:07,500
Even when located adjacent to single family, residential closer than the proposal in front of us.

599
00:55:07,880 --> 00:55:15,420
This proposal has incorporated buffering elements in excess of the UDEO requirements for the specific purpose.

600
00:55:15,420 --> 00:55:23,000
This and meets the permitting lighting trespass and design to eliminate light spillage across

601
00:55:23,000 --> 00:55:24,020
the property lines.

602
00:55:24,720 --> 00:55:29,560
Staff does not anticipate an issue with the conservation of property values.

603
00:55:30,380 --> 00:55:33,720
Criterion five, responsible development and growth.

604
00:55:34,260 --> 00:55:39,740
The project comes at a time when responsible development growth are at the forefront of all

605
00:55:39,740 --> 00:55:42,660
of your rezoning discussions.

606
00:55:42,660 --> 00:55:59,020
In general, staff believes this is not in odds with this criterion, given that it is in compliance with the recommendations of the comprehensive plan, and the elements that we have talked about as far as the setbacks and buffering and tree preservation.

607
00:56:00,140 --> 00:56:07,700
Commercial development along primary arterials provide a transition from the thoroughfares to the single-family uses.

608
00:56:07,700 --> 00:56:13,960
The access points have been located with no direct access to the residential neighborhoods.

609
00:56:15,060 --> 00:56:23,980
Commercial offerings to support residents are in the central component in the makeup and success of the town.

610
00:56:25,320 --> 00:56:30,080
The next slide shows the elevations proposed for the grocery.

611
00:56:30,080 --> 00:56:38,620
You will notice that the elevations on the west and the south have no signage proposed.

612
00:56:39,540 --> 00:56:46,560
This will further help to negate negative impacts.

613
00:56:47,320 --> 00:56:52,860
The next slide are elevations of the fueling center to demonstrate that the color pallet

614
00:56:52,860 --> 00:56:56,500
and the materials match the primary store.

615
00:56:57,860 --> 00:57:07,120
A traffic study was submitted and reviewed because the town does not have a traffic engineer.

616
00:57:07,580 --> 00:57:15,100
The town uses crossroads engineering for as a consultant for transportation studies and

617
00:57:15,100 --> 00:57:16,380
other transportation matters.

618
00:57:17,360 --> 00:57:22,200
They have indicated the appropriateness of the intersections, the traffic distributions and

619
00:57:22,200 --> 00:57:26,160
in the forecast, as well as the recommendations in the report.

620
00:57:27,220 --> 00:57:31,820
The recommendations and conclusion include five points.

621
00:57:32,340 --> 00:57:42,180
The first four are basically the design of each of the access points, three on Northfield and one on Green Street.

622
00:57:42,700 --> 00:57:51,000
The number of lanes, the Axel, D-cell, and extending lanes on Green Street with

623
00:57:51,000 --> 00:57:54,040
appropriate storage and tapered length.

624
00:57:54,540 --> 00:58:00,940
And the fifth recommendation is to optimize the signal timings at the current intersection

625
00:58:00,940 --> 00:58:08,080
of green and north field as well as the intersection to the south at 267 and county road 200.

626
00:58:08,980 --> 00:58:14,620
The applicant has indicated they will comply and facilitate all of these recommendations.

627
00:58:14,620 --> 00:58:34,000
This is a letter from Crossroads Engineering indicating again that the traffic distribution growth rates and forecast are appropriate as presented and the resulting capacity analysis on the selected intersections and recommended improvements meet acceptable performance standards.

628
00:58:35,340 --> 00:58:45,680
With that, the staff is recommending sending a favorable recommendation for both of these petitions with the following conditions.

629
00:58:46,200 --> 00:58:52,240
Compliance with all tech review comments, submission of commitments that address the traffic impact,

630
00:58:52,660 --> 00:59:01,000
analysis, recommendations and conclusions, and the approval of the findings of fact and report of determination by the plan commission.

631
00:59:01,000 --> 00:59:04,380
With that, I am happy to answer any questions.

632
00:59:05,680 --> 00:59:07,140
All right, thank you.

633
00:59:07,400 --> 00:59:10,420
We'll start with questions, Mr. Papsd, any questions?

634
00:59:11,280 --> 00:59:15,060
I don't have any at this time, that was very thorough, in addition to the packet.

635
00:59:15,920 --> 00:59:16,800
Mr. Dormit?

636
00:59:17,640 --> 00:59:24,160
On the west side of the property, you had the buffering and the tree preservation.

637
00:59:26,000 --> 00:59:34,940
Is there another piece of property then between the tree preservation in the houses or is that the tree preservation?

638
00:59:35,080 --> 00:59:42,220
There is the tree preservation and the buffering that I'm talking about is all on the subject 12.1 acres.

639
00:59:43,040 --> 00:59:50,160
The cross section that was provided, which I think they can probably speak to as well,

640
00:59:50,160 --> 00:59:56,620
shows the area between that property line and the closest house, but in

641
00:59:56,620 --> 00:59:59,680
between there I believe there's a parcel owned by

642
01:00:00,000 --> 01:00:08,120
The homeowners association, and a part of that area, because it's a stream, is also a protected US water.

643
01:00:11,090 --> 01:00:12,330
On the one.

644
01:00:14,370 --> 01:00:31,450
On the parking lot, it had the right in and right out on the one entrance on North field. That's the furthest west intersection. That's really only for. That was the furthest one I thought on the diagram. It looked like that was the closest to North field. Do you have it that?

645
01:00:31,450 --> 01:00:31,510
Yeah.

646
01:00:33,650 --> 01:00:34,230
Maybe not.

647
01:00:34,250 --> 01:00:36,010
Yes, the one on the right hand, you're right.

648
01:00:37,210 --> 01:00:39,070
Why would that need to be a right in, right?

649
01:00:39,190 --> 01:00:39,330
I did.

650
01:00:39,410 --> 01:00:41,350
It looks like there's a median right there.

651
01:00:44,310 --> 01:00:47,030
So, why do we have to make that a right in?

652
01:00:47,110 --> 01:00:48,070
And then that, obvious?

653
01:00:49,950 --> 01:00:51,410
Well, people do silly things.

654
01:00:51,950 --> 01:00:52,070
Okay.

655
01:00:54,010 --> 01:00:54,590
I've seen it.

656
01:00:55,830 --> 01:00:57,310
That's my, that's the question.

657
01:00:57,670 --> 01:00:57,770
All right.

658
01:00:57,910 --> 01:00:58,470
Thank you, Mr. Doin.

659
01:00:59,050 --> 01:00:59,490
Mr. Humphries?

660
01:01:00,150 --> 01:01:09,010
Yeah, Elizabeth, I was wondering if you could confirm, do we have our own definition of local versus corridor and regional commercial?

661
01:01:10,210 --> 01:01:26,470
We do and I looked at that, I mean when you talk about local commercial in the comprehensive plan it describes that and a grocery store is seen as a local use because it's not like

662
01:01:26,470 --> 01:01:38,610
a huge mall that you draw things from the region, it is, and grocery stores have changed.

663
01:01:38,870 --> 01:01:41,210
They do have a bigger footprint than they used to.

664
01:01:41,630 --> 01:01:45,650
Many ordinances have changed how many square feet are there, but

665
01:01:45,650 --> 01:01:51,450
it is still a use that is seen by planners to draw from the immediate neighborhood,

666
01:01:51,710 --> 01:01:54,110
or people passing through the neighborhood.

667
01:01:54,110 --> 01:01:57,010
but it is not something that somebody's gonna drive

668
01:01:57,010 --> 01:01:59,810
from West Indianapolis over to this grocery store

669
01:01:59,810 --> 01:02:03,070
because there, you know, people want it to be convenient.

670
01:02:03,450 --> 01:02:05,050
You'd seem to go to the grocery store a lot.

671
01:02:05,190 --> 01:02:08,170
That's sort of the genesis of the changing.

672
01:02:11,700 --> 01:02:14,140
Please be quiet while we discuss this, thank you.

673
01:02:18,850 --> 01:02:19,070
Okay.

674
01:02:19,550 --> 01:02:22,610
I can speak, I mean, corridor commercial speaks more

675
01:02:22,610 --> 01:02:28,450
to their linear fashion, but we are on a primary arterial here.

676
01:02:28,450 --> 01:02:33,170
That's why you're seeing such as on a lot of our arterials and some of the other changes

677
01:02:33,170 --> 01:02:39,490
we've made as far as auto uses and those things that line up on a primary arterial.

678
01:02:40,070 --> 01:02:47,830
Regional, our uses are, our ritual commercial, our big box uses when you're talking about

679
01:02:49,990 --> 01:02:56,350
something that depends on the use they usually well over 100,000 square feet.

680
01:02:58,490 --> 01:03:00,070
But that's where we are.

681
01:03:01,430 --> 01:03:04,210
Give me an additional question, I'll follow up on that same topic.

682
01:03:04,670 --> 01:03:07,770
I just kind of want to ask them the local, so the local's not the business.

683
01:03:08,030 --> 01:03:16,810
It's you're trying to get a business that is used by just local residents, not out of town.

684
01:03:17,850 --> 01:03:22,130
Someone who's correct, there's supposed to be just for the close proximity, not.

685
01:03:22,130 --> 01:03:27,570
Yeah, it's basically providing daily shopping service needs and surrounding neighborhoods.

686
01:03:28,270 --> 01:03:33,630
And then it talks about a super market as a typical tenant.

687
01:03:34,450 --> 01:03:39,590
It does speak, it does go on to say typically that that would be under 50,000 square feet.

688
01:03:39,970 --> 01:03:47,370
But as I said, grocery stores have changed in what they are proposing these days unless your trader Joe's or

689
01:03:50,870 --> 01:03:56,370
small Walmart market area item, what they're called, but they have a smaller footprint.

690
01:03:56,490 --> 01:04:01,150
What I'm getting at is isn't the intent to be businesses that are just used by basically the community.

691
01:04:01,290 --> 01:04:04,510
You don't have people coming from outside the community to visit this business.

692
01:04:05,630 --> 01:04:09,530
That is my understanding and I think the applicant could also smile to that.

693
01:04:09,990 --> 01:04:10,550
Yeah, mine too.

694
01:04:11,090 --> 01:04:15,730
Would that mean like you're thinking of like a wholesale club that draws a regional base,

695
01:04:15,730 --> 01:04:18,690
not just the local community and surrounding community.

696
01:04:19,170 --> 01:04:20,490
Is that what you're trying to get at?

697
01:04:20,730 --> 01:04:21,370
Correct, okay.

698
01:04:22,050 --> 01:04:22,990
Okay, thank you.

699
01:04:23,090 --> 01:04:23,830
It's not a Costco.

700
01:04:27,000 --> 01:04:29,340
I had the same question.

701
01:04:29,540 --> 01:04:33,300
I think kind of looking at our zoning,

702
01:04:33,360 --> 01:04:37,320
where we have local versus regional commercial listed

703
01:04:37,320 --> 01:04:39,500
in the comprehensive plan,

704
01:04:39,980 --> 01:04:43,320
trying to kind of line that up with where that zoning fits.

705
01:04:43,860 --> 01:04:46,300
I believe C3 is our highest intents.

706
01:04:47,240 --> 01:04:54,420
I had this intensity commercial, you know, so kind of go making the assumption regional

707
01:04:54,420 --> 01:04:57,960
down to local would kind of be that C3 going to the C2.

708
01:04:58,660 --> 01:05:00,720
You kind of touched on what I was looking at.

709
01:05:01,720 --> 01:05:09,920
The retail in the C2 goes up to 50,000 square feet while the C3 is kind of the 50,000 square

710
01:05:09,920 --> 01:05:15,420
feet are over which, you know, I know this is the grocery store is kind of go with the split

711
01:05:15,420 --> 01:05:22,840
is 25,000 square feet. So I think there is something we, as they take away, probably want

712
01:05:22,840 --> 01:05:27,760
to look at with the UDO because we kind of have a mixed, mixed in our definitions of

713
01:05:27,760 --> 01:05:27,980
that.

714
01:05:32,320 --> 01:05:38,460
But, you know, I guess how do we, what will we see as when we're looking at local

715
01:05:38,460 --> 01:05:46,640
versus regional, but then we have, you know, with retail, you know, the size, how, how

716
01:05:46,640 --> 01:05:47,560
How should we look at that?

717
01:05:48,660 --> 01:06:04,700
Well, one thing I can say is in the development statement that was adopted in 2010, the heritage crossing that is detailed in the text, a grocery store is a permitted use and it does not refer to any kind of square footage.

718
01:06:10,770 --> 01:06:11,390
Okay, thank you.

719
01:06:13,930 --> 01:06:14,930
Sorry to jump in there.

720
01:06:15,030 --> 01:06:15,270
Go ahead.

721
01:06:15,270 --> 01:06:21,450
from any time. Okay, so my next one was noise pollution. We've seen time and time again,

722
01:06:22,250 --> 01:06:28,230
not only the light pollution is a concern, but noise. What are the controlling factors and

723
01:06:28,890 --> 01:06:33,530
determinations to restrain noise pollution to the adjacent properties?

724
01:06:35,840 --> 01:06:42,460
I believe that noise pollution is usually handled under, you know, a nuisance, you know, if it gets

725
01:06:42,460 --> 01:06:44,260
that's out of hand after, you know,

726
01:06:44,500 --> 01:06:47,300
quiet hours in a community that becomes a police matter.

727
01:06:49,080 --> 01:06:52,900
There's, you know, you can ask the applicant

728
01:06:52,900 --> 01:06:58,000
to speak to how their operations work.

729
01:06:58,060 --> 01:07:01,080
We don't have a plan of operation as far as hours

730
01:07:01,080 --> 01:07:02,880
or anything like that at this point.

731
01:07:03,300 --> 01:07:05,880
Right, so under our current rules and regulations,

732
01:07:05,920 --> 01:07:08,120
there's not really a whole lot under the jurisdiction.

733
01:07:08,360 --> 01:07:09,060
It's very general.

734
01:07:09,380 --> 01:07:10,100
Right, exactly.

735
01:07:10,100 --> 01:07:11,440
Okay. Thank you.

736
01:07:12,840 --> 01:07:13,900
Thank you, Mr. Klyly.

737
01:07:14,500 --> 01:07:15,920
Sure, I had two questions.

738
01:07:16,600 --> 01:07:19,200
The first one is around the current zoning.

739
01:07:19,320 --> 01:07:24,620
It looks like there's some inconsistencies, and you mentioned that this goes back a while,

740
01:07:24,820 --> 01:07:29,360
and I notice that the drawing would imply this is already commercial as do the property tax records,

741
01:07:29,520 --> 01:07:34,580
but then the text of the existing PUD does not speak because this is being commercial.

742
01:07:35,080 --> 01:07:38,720
Is there a piece of information that we should deemed to be controlling here,

743
01:07:38,720 --> 01:07:41,600
where we sort of have a little bit of conflicting information.

744
01:07:42,620 --> 01:07:48,440
I think the controlling matter is the recorded development statement that calls out heritage

745
01:07:48,440 --> 01:07:49,840
crossing as a commercial.

746
01:07:50,400 --> 01:07:57,120
So there was commercial considered in this, but the amount that they provided doesn't show

747
01:07:57,120 --> 01:08:04,720
that anywhere, and subsequent history, they did have a filing for a residential use on

748
01:08:04,720 --> 01:08:05,360
this property.

749
01:08:06,200 --> 01:08:08,760
But it never would anywhere.

750
01:08:09,280 --> 01:08:13,480
I mean, that's just the nature of when you have a development and

751
01:08:13,480 --> 01:08:18,320
you're the developer that you file to, especially in a PUD.

752
01:08:18,520 --> 01:08:24,020
That's why you see them amended so many times because somebody else comes in with a different idea.

753
01:08:25,840 --> 01:08:29,780
Okay, my second question was related to the ownership of properties.

754
01:08:29,780 --> 01:08:31,240
I read through the written comments.

755
01:08:31,240 --> 01:08:39,380
There were some people asserting or questioning whether Kroger has the authority to even raise this given that they're not the owners of the property.

756
01:08:40,120 --> 01:08:43,200
And I think I already know the answer to this given that this is fairly common.

757
01:08:43,780 --> 01:08:49,200
Do they have some sort of legal proxy or given that they have an option to purchase?

758
01:08:49,760 --> 01:08:52,600
Does that meet our rules or at least our accepted practice?

759
01:08:52,600 --> 01:09:01,900
Yes, they filed a consent from the property owner, the Fudge Trust, notarized and submitted

760
01:09:01,900 --> 01:09:04,880
to the file that allows them to file on their behalf.

761
01:09:05,380 --> 01:09:06,800
Okay, thank you, no further questions.

762
01:09:09,520 --> 01:09:10,300
Thank you, Ms. Klee.

763
01:09:10,760 --> 01:09:11,060
Ms. Homan?

764
01:09:12,340 --> 01:09:12,940
Okay.

765
01:09:13,120 --> 01:09:17,000
From the buffer picture, it looks like,

766
01:09:21,790 --> 01:09:23,130
is that the one you want?

767
01:09:24,030 --> 01:09:25,010
What's the other one?

768
01:09:25,550 --> 01:09:27,010
That's the South property line.

769
01:09:27,530 --> 01:09:27,990
That one.

770
01:09:27,990 --> 01:09:36,270
yeah shows Kroger's way higher than the neighborhood so did the other picture

771
01:09:36,270 --> 01:09:43,110
just wasn't as dramatic there is no stream there so are we gonna do I know

772
01:09:43,110 --> 01:09:48,150
that the people on the South property line get their backyards flooded at

773
01:09:50,900 --> 01:09:51,020
the

774
01:09:51,020 --> 01:09:54,700
time and if it with the with the higher elevation I would think that would mean

775
01:09:54,700 --> 01:10:01,900
more water from those impervious sources could end up in these backyards so

776
01:10:01,900 --> 01:10:03,160
So can we do a berm?

777
01:10:05,470 --> 01:10:08,290
I'm not an engineer.

778
01:10:09,190 --> 01:10:13,150
And when they came through tech review, most of the comments,

779
01:10:13,590 --> 01:10:15,350
because it's the rezoning stage,

780
01:10:15,550 --> 01:10:19,550
we're from planning, not from stormwater and those things.

781
01:10:19,690 --> 01:10:22,450
They will be required just like every other applicant

782
01:10:22,450 --> 01:10:27,650
to submit and own immemorial and a complete stormwater proposal,

783
01:10:27,870 --> 01:10:30,450
whether that's going to be underground

784
01:10:30,450 --> 01:10:32,090
or how they're going to handle that.

785
01:10:32,090 --> 01:10:39,830
and we will let the engineers that the Wessler will review all of that, as well as our professionals within the building.

786
01:10:40,150 --> 01:10:42,270
So that would be considered at the primary plan?

787
01:10:43,610 --> 01:10:45,870
Or the development plan approval?

788
01:10:46,030 --> 01:10:46,670
Development plan?

789
01:10:46,870 --> 01:10:47,110
Okay.

790
01:10:47,770 --> 01:10:51,810
I have more South Green Street exit entrance.

791
01:10:52,270 --> 01:10:53,970
How far away from the light is that?

792
01:10:55,750 --> 01:10:57,410
There's no measurement on the maps.

793
01:11:08,720 --> 01:11:13,500
That's probably a question for the applicant, because I'm not sure, other than what's shown here.

794
01:11:13,500 --> 01:11:18,800
it's over halfway from the middle of the lot but I'm not sure about the

795
01:11:18,800 --> 01:11:23,380
dimension. Okay because don't we have rules about how close you can and enter

796
01:11:23,380 --> 01:11:32,140
this? We do and those will review they are not they're not violating that. That

797
01:11:32,140 --> 01:11:36,760
we that you know of or we don't know how far away it is do we? I think it's

798
01:11:36,760 --> 01:11:42,420
greater than what is required from an intersection. Okay. We did have tech

799
01:11:42,420 --> 01:11:48,020
review and there were the street people who were there, street department.

800
01:11:48,740 --> 01:11:54,520
Okay, now there were some other things that were on here that I think require variances like their foundation

801
01:11:54,520 --> 01:11:59,920
plantings, the wall sign, the canopy signs, the number of canopy signs.

802
01:12:01,900 --> 01:12:06,740
Those are all written into the development statement as development standards.

803
01:12:06,740 --> 01:12:17,700
that was in the red line copy of the plan unit development statement that would become the ordinance, so they would not be variances, they are a part of this proposal.

804
01:12:20,280 --> 01:12:25,680
So the fact that they want their sign to be bigger and things like that is not a variance?

805
01:12:26,400 --> 01:12:29,900
It will not be a variance because this is a plan unit development.

806
01:12:31,420 --> 01:12:33,820
Oh, and they're allowed to do what they want.

807
01:12:33,820 --> 01:12:38,900
Well, they have to ask is part of what they're asking you to approve.

808
01:12:39,280 --> 01:12:41,920
This is part of what they're asking us to approve today.

809
01:12:42,500 --> 01:12:42,720
Correct.

810
01:12:43,660 --> 01:12:44,080
Good.

811
01:12:47,720 --> 01:12:48,400
All right.

812
01:12:50,500 --> 01:12:56,040
How many, do we know, do we know the nature of any of these trees that are on this outside?

813
01:12:57,940 --> 01:12:58,900
They're plantings.

814
01:13:00,160 --> 01:13:05,940
They have a landscape plan, but the specifics of that would be refuted at the development

815
01:13:05,940 --> 01:13:06,440
plan.

816
01:13:07,080 --> 01:13:07,280
Okay.

817
01:13:09,270 --> 01:13:13,590
And the loading docs back to the map,

818
01:13:20,520 --> 01:13:21,460
not that map.

819
01:13:22,480 --> 01:13:25,180
Yeah, that last map will work.

820
01:13:27,230 --> 01:13:28,210
Not this one.

821
01:13:28,850 --> 01:13:29,510
The one before.

822
01:13:29,630 --> 01:13:29,790
Okay.

823
01:13:29,930 --> 01:13:30,350
There you go.

824
01:13:30,690 --> 01:13:31,270
All right.

825
01:13:32,110 --> 01:13:34,570
I see where the trash compactor is.

826
01:13:34,730 --> 01:13:37,070
Is that where the loading docs are?

827
01:13:38,230 --> 01:13:43,250
The loading docks are where that red line is, they're just above that, where it's just above that.

828
01:13:43,430 --> 01:13:49,010
Okay, and I know that they said that they were going to have a trash

829
01:13:51,470 --> 01:13:54,530
compactor, but not a dumpster.

830
01:13:54,950 --> 01:14:06,170
There will be a dumpster at the fueling facility, but there's not a dumpster here because they keep the trash in the compactor, which is attached to the building, but there will be pickup from it.

831
01:14:06,170 --> 01:14:07,910
That was my question.

832
01:14:08,110 --> 01:14:11,290
If there's going to be pickup from it, wouldn't that be considered a dumpster?

833
01:14:11,910 --> 01:14:20,130
No, because it's pretty much inside the building, but I'm going to stop giving you any details, because that's a question for the applicant.

834
01:14:21,450 --> 01:14:22,330
Applicants, okay.

835
01:14:30,140 --> 01:14:30,600
Okay.

836
01:14:33,680 --> 01:14:35,600
They showed a couple of different things.

837
01:14:35,600 --> 01:14:41,960
They showed a monument with a sign on it, and then they showed the large big sign, like a big entrance sign.

838
01:14:42,480 --> 01:14:45,200
Which one were they leaning towards? Do you know?

839
01:14:46,260 --> 01:14:51,000
I believe one's going to be on green and one would be on north field.

840
01:14:51,660 --> 01:14:53,280
And they can do whatever they want with that?

841
01:14:53,540 --> 01:14:55,340
They can't do whatever they want with that.

842
01:14:55,340 --> 01:14:55,940
Okay, that way.

843
01:14:56,140 --> 01:14:58,360
They'd have to comply with what they've shown.

844
01:14:58,560 --> 01:14:59,680
Like this out this-

845
01:15:00,300 --> 01:15:27,960
Supply that's up right now, that wall sign that says croager is larger than what we would permit in the ordinance. But given the size of the building, it does not appear to be overstated or an abuse of signs. And if they had different tenants in there, they could have more square footages just couldn't be in one sign. Okay. So that's how we did the consideration.

846
01:15:28,720 --> 01:15:32,800
And the pharmacy drive up is on the south, correct?

847
01:15:32,960 --> 01:15:33,480
It's on the north.

848
01:15:33,980 --> 01:15:34,740
It's on the north.

849
01:15:37,520 --> 01:15:49,120
I think if you're looking at this, this, yeah, I think there was one drawing where they had flipped the labeling, but it's on the north.

850
01:15:49,740 --> 01:15:50,040
Okay.

851
01:15:50,540 --> 01:15:50,920
All right.

852
01:15:51,280 --> 01:15:51,780
That's all.

853
01:15:52,740 --> 01:15:53,520
That's all for me.

854
01:15:53,920 --> 01:15:54,520
Thank you.

855
01:15:54,720 --> 01:15:56,260
I'm taking up for Brett, by the way.

856
01:15:56,820 --> 01:15:57,340
Appreciate it.

857
01:15:59,120 --> 01:16:09,070
I have a few questions, I just want to confirm, I think I've got a little confused now.

858
01:16:09,210 --> 01:16:10,630
What is this site-zoned?

859
01:16:11,830 --> 01:16:12,630
It's PUD.

860
01:16:13,970 --> 01:16:20,250
Now, that PUD does not include any standards for a commercial development or grocery store

861
01:16:20,250 --> 01:16:20,690
currently.

862
01:16:20,930 --> 01:16:21,950
Is that accurate?

863
01:16:22,250 --> 01:16:29,130
It has very few standards, but it does have a list of permitted uses that include a grocery

864
01:16:29,130 --> 01:16:36,130
entry store for the Heritage Crossing is what it's called and it's labeled as Section 6 in the development statement.

865
01:16:36,510 --> 01:16:47,110
Okay, so if the applicant chose to just bring a development plan for this site as a grocery store, could they do that?

866
01:16:49,180 --> 01:16:55,420
We frown upon that, so that's why our direction was because there's so much

867
01:16:55,420 --> 01:17:02,120
on clarity in the history that they file both the tax amendment and the map amendment.

868
01:17:02,560 --> 01:17:08,480
Okay. Thank you. I just wanted to clarify some understanding there.

869
01:17:09,880 --> 01:17:15,600
Quick question, all the added buffering described that is included in the tax amendment.

870
01:17:16,160 --> 01:17:19,800
Yes, sir. And these plans become a part of it as well.

871
01:17:20,680 --> 01:17:30,320
And then when you were discussing some of the property value and not anticipate it impacting is that is there a source that was pulled from or?

872
01:17:31,080 --> 01:17:33,200
No, that's just a general observation.

873
01:17:34,400 --> 01:17:40,720
In being in front of you multiple times, we know that people are always concerned about their property value.

874
01:17:40,720 --> 01:17:48,900
We also see what happens after something is built and look back into that and generally, I mean, it's a general statement.

875
01:17:48,900 --> 01:17:56,120
and it's not a hard fact that I can give you data on.

876
01:17:56,640 --> 01:17:58,640
Okay, thank you. I just wanted to clarify that.

877
01:17:59,860 --> 01:18:06,900
We had some recent updates to the fueling station in the UDO.

878
01:18:07,360 --> 01:18:09,800
Obviously this is a PUD and that doesn't apply.

879
01:18:10,480 --> 01:18:13,380
But if this was just a fueling station coming in,

880
01:18:14,380 --> 01:18:17,780
how would that fit in with the updates to the UDO?

881
01:18:17,780 --> 01:18:20,740
So if it were just the fueling station, it would not be allowed.

882
01:18:21,320 --> 01:18:29,100
But we put a caveat in the ordinance that if it were part of an anchor and like the

883
01:18:29,100 --> 01:18:31,700
mire, like Kroger, that it is allowed.

884
01:18:32,000 --> 01:18:32,220
Okay.

885
01:18:32,400 --> 01:18:36,340
And I guess to clarify, is it not allowed or is it a special exception, is it?

886
01:18:36,340 --> 01:18:41,900
It's a special exception, but there's also spacing and all of those things come into it to make

887
01:18:41,900 --> 01:18:47,040
it really difficult on Green Street and the other therapists that we included in that.

888
01:18:47,040 --> 01:18:50,880
And the spacing would that be due to proximate to residential,

889
01:18:51,380 --> 01:18:54,460
proximate to other fueling stations or both?

890
01:18:54,520 --> 01:19:04,640
Right, there's a spacing from residential, from an existing fueling station that are in the UDO for a normal zoning.

891
01:19:05,160 --> 01:19:08,160
Okay, would this location violate?

892
01:19:10,520 --> 01:19:15,440
It would probably with the residential to the north of the apartments.

893
01:19:16,000 --> 01:19:17,800
Okay, all right, thank you.

894
01:19:17,800 --> 01:19:18,420
I

895
01:19:25,590 --> 01:19:27,550
think those are all my questions for staff, thank you.

896
01:19:28,070 --> 01:19:30,310
All right, is the applicant present?

897
01:19:32,940 --> 01:19:35,820
Please step up and state your name and address for the record, please.

898
01:19:42,680 --> 01:19:45,960
My name is Macy Downey with McBridedale-Clarian.

899
01:19:46,280 --> 01:19:52,280
Addresses 5721, Dragonway, Cincinnati, Ohio 45227.

900
01:19:56,320 --> 01:20:04,940
I think I will try not to be repetitive, because Elizabeth did a great job of going over a lot of the details, but

901
01:20:04,940 --> 01:20:08,300
but we did prepare a short presentation.

902
01:20:12,270 --> 01:20:14,770
Yes, sorry, maybe I'll move this a little closer.

903
01:20:15,770 --> 01:20:16,190
Oh, maybe not.

904
01:20:20,640 --> 01:20:21,360
Perfect, thank you.

905
01:20:25,950 --> 01:20:28,150
So yes, as Elizabeth mentioned,

906
01:20:28,330 --> 01:20:29,650
we're requesting a map amendment

907
01:20:30,250 --> 01:20:33,490
and a text amendment to hopefully clear

908
01:20:33,490 --> 01:20:36,050
of some confusion and provide development standards

909
01:20:36,050 --> 01:20:40,610
for commercial uses within the Heritage Hill PUD

910
01:20:41,470 --> 01:20:49,290
as a product of that, this kind of exemplifies what those changes are.

911
01:20:50,330 --> 01:20:57,270
Carger is proposing a $99,982 square foot store with a fuel center.

912
01:20:57,590 --> 01:21:05,910
The fuel center has seven dispensers and roughly 200 square foot attendant kiosk out on green street.

913
01:21:07,210 --> 01:21:13,630
As you mentioned, grocery pickaberry is to the north as well as the pharmacy drive-through.

914
01:21:14,530 --> 01:21:20,470
Krugger is proposing outdoor merchandising at their fuel center and seasonal sales in

915
01:21:20,470 --> 01:21:23,810
front of the Krugger store, like you typically would see.

916
01:21:26,220 --> 01:21:34,370
Two full access movement driveways are proposed along Northfield with the right-in right out closest

917
01:21:34,370 --> 01:21:40,090
is to the intersection and then one full movement access on South Green Street.

918
01:21:40,250 --> 01:21:43,870
I think there was a question about that distance from the intersection.

919
01:21:44,970 --> 01:21:49,010
We are required to have 300 feet of spacing and are providing 320.

920
01:21:52,260 --> 01:21:58,640
This proposal has about 380 parking spaces, two free standing signs, one along each right

921
01:21:58,640 --> 01:21:59,100
of way.

922
01:22:00,200 --> 01:22:05,520
Again, this is not a development plan application but we wanted to provide as much information

923
01:22:05,520 --> 01:22:11,380
up front as possible at this stage since this is a PUD and we know that this location is important

924
01:22:11,380 --> 01:22:14,180
to the town in the surrounding community.

925
01:22:17,380 --> 01:22:20,180
So taking a zoom out real quick, I know there was

926
01:22:20,180 --> 01:22:29,380
a couple of questions about kind of the layout here. The Kruger parcel, Kruger subject parcel is

927
01:22:29,380 --> 01:22:37,440
highlighted in like a bolder black line there. There is a parcel to the west that's owned by the HOS

928
01:22:37,440 --> 01:22:46,080
way that accommodates a lot of wetland area. And then you have the apartments to the north

929
01:22:46,880 --> 01:22:55,400
and then some auto commercial uses to the east and then single family to the west and

930
01:22:55,400 --> 01:23:02,880
south. Before we submitted our application we did meet with staff multiple times and met

931
01:23:02,880 --> 01:23:08,360
with the neighborhood in April to kind of bring forward a proposal that's in line with

932
01:23:08,360 --> 01:23:13,500
the goals of the town and hopefully minimize any impacts to the surrounding area, gathering

933
01:23:13,500 --> 01:23:14,120
some feedback.

934
01:23:17,890 --> 01:23:23,590
So here's just a quick exhibit that was put together because there are a couple factors.

935
01:23:23,590 --> 01:23:27,470
I think that come and to play here that aren't necessarily on the Kroger site.

936
01:23:28,490 --> 01:23:31,170
You have that HOA parcel to the west.

937
01:23:31,170 --> 01:23:36,210
Yes, there's also a gas line easement that's located to the south.

938
01:23:38,210 --> 01:23:43,090
That is the red area that's kind of dashed there.

939
01:23:43,650 --> 01:23:46,390
That's 50 feet about half of it on Kerber's property.

940
01:23:47,770 --> 01:23:51,110
There are a lot of limitations on what you can do in that area.

941
01:23:57,710 --> 01:24:04,590
So looking at the southern property line, code requires that we provide that 25 foot landscape

942
01:24:04,590 --> 01:24:06,890
upford with the required plantings.

943
01:24:07,910 --> 01:24:14,670
We are providing that, we're also providing that six foot tall privacy fence along the

944
01:24:14,670 --> 01:24:16,430
stores side there.

945
01:24:19,350 --> 01:24:24,230
And then as I mentioned, there's a gas line easement there, that's providing another

946
01:24:24,230 --> 01:24:29,710
18 to 21 feet of space that will be maintained with trees.

947
01:24:32,910 --> 01:24:37,610
Here's a quick look at the elevator, the sections again.

948
01:24:37,830 --> 01:24:39,970
I think we went over those already.

949
01:24:41,650 --> 01:24:48,830
The west side, the west buffer, we're providing the code required 25 foot landscape buffer.

950
01:24:50,450 --> 01:25:01,410
We are showing rather than the required proposed plantings, we are maintaining a strip of

951
01:25:02,590 --> 01:25:11,370
would it area that's approximately 80 to 90 feet in with, in lieu of that, we're providing

952
01:25:12,010 --> 01:25:18,150
the shrubs that are required. However, we are, we are writing into the ordinance that

953
01:25:18,150 --> 01:25:24,530
this be placed somewhere else on site just due to them not being visible back there and

954
01:25:24,530 --> 01:25:30,550
potentially some maintenance issues with the post fence and the grading back there.

955
01:25:30,550 --> 01:25:39,250
And then lastly, as I mentioned, there's that HOA property with the wetlands.

956
01:25:39,250 --> 01:25:44,930
That's about 94 to 135 feet and widths depending on where you're standing.

957
01:25:50,070 --> 01:25:52,690
Architecture was another big consideration.

958
01:25:53,590 --> 01:25:56,070
This design of the store and fuel center.

959
01:25:56,570 --> 01:26:02,510
We hope will complement existing architecture and adjacent neighborhood and across

960
01:26:02,510 --> 01:26:13,390
South Green Street, providing masonry and neutral warm material choices throughout the

961
01:26:13,390 --> 01:26:19,750
store and fuel center are designed to provide a more neighborhood grocery feel, which might

962
01:26:19,750 --> 01:26:25,690
contrast with some other large-scale groceries in the area that usually have like a more gray tone.

963
01:26:32,840 --> 01:26:38,740
Some other considerations that were made following, some conversations with staff in the

964
01:26:38,740 --> 01:26:46,700
neighborhood meeting, generally as the project progressed, we will be maintaining the existing

965
01:26:46,700 --> 01:26:51,460
railed fence that runs along the northern and eastern property lines along the right

966
01:26:51,460 --> 01:26:53,920
of way as much as possible.

967
01:26:55,080 --> 01:27:03,200
Obviously without interfering with the access proposed and visibility for those access points

968
01:27:03,200 --> 01:27:11,240
and for signage will also be maintaining the Heritage Hill neighborhood signage that's

969
01:27:11,240 --> 01:27:12,100
at that corner there.

970
01:27:13,500 --> 01:27:19,180
We are proposing signage for trucks to ensure that there will be no utilization of the neighborhood

971
01:27:19,180 --> 01:27:29,420
streets indicating that they're not supposed to pass a certain point at the North-Western

972
01:27:29,420 --> 01:27:35,960
corner of the property. And as discussed, we did complete a traffic study.

973
01:27:38,450 --> 01:27:39,110
So altogether,

974
01:27:40,290 --> 01:27:45,330
we believe it was the original intent that the Heritage Help UD provide some commercial

975
01:27:45,330 --> 01:27:51,710
uses within the overall development, this in addition to the future land use map, designation

976
01:27:51,710 --> 01:27:58,210
of commercial, we think reinforce the fact that the requested zone map amendment and the

977
01:27:58,210 --> 01:28:03,690
text amendment are aligned with the intent of the COP plan and the original PUD.

978
01:28:05,590 --> 01:28:11,090
Carger believes that the proposal provides the opportunity to execute plans that exceed

979
01:28:11,090 --> 01:28:22,630
the UDO landscaping requirements, incorporate quality materials, and offer a recommended land use while providing service to the surrounding community.

980
01:28:24,070 --> 01:28:29,350
We respectfully request the approval of the amendments and are happy to answer any questions.

981
01:28:29,370 --> 01:28:38,130
I also have some of our senators here tonight from Kroger, our civil team to help us if there's anything I can't answer.

982
01:28:38,130 --> 01:28:38,210
Okay.

983
01:28:40,210 --> 01:28:40,690
Okay.

984
01:28:41,050 --> 01:28:41,310
Thank you.

985
01:28:42,770 --> 01:28:43,910
Questions for the applicant.

986
01:28:44,810 --> 01:28:45,650
How many will go first?

987
01:28:48,080 --> 01:28:48,460
Sure.

988
01:28:49,840 --> 01:28:53,020
I keep turning it off, and then it's not on when I want to talk.

989
01:28:53,900 --> 01:28:58,040
First of all, what kind of hours are you looking at for the Kruger and for the fuel station?

990
01:28:59,180 --> 01:29:07,340
Typically they will run six to ten or six to eleven, and the store and the fuel kind of coincide

991
01:29:07,340 --> 01:29:08,200
with their hours.

992
01:29:08,260 --> 01:29:08,760
Same hours.

993
01:29:08,760 --> 01:29:09,960
Okay.

994
01:29:14,380 --> 01:29:15,380
Hold on.

995
01:29:17,720 --> 01:29:23,260
You said how close the structure was or the property line was to

996
01:29:23,260 --> 01:29:28,820
a the people's homes. How far away is it to their property line?

997
01:29:31,540 --> 01:29:37,980
Generally like either property line or both the building to the property line.

998
01:29:37,980 --> 01:29:43,880
I think that is show the building to the property line. Let me see.

999
01:29:50,560 --> 01:29:52,740
See if I have a plan that shows that.

1000
01:30:00,000 --> 01:30:27,900
I did look a little bit that on the west property line from, I look from the wall, the privacy wall, to the property line for the residential properties. It was approximately 176 feet to 206 feet. That's not from the building, that's from the price. That's on the west side, right? We don't know on the south side though. I didn't have the property line. If I could do some quick move.

1001
01:30:27,900 --> 01:30:39,380
It's approximately 23 plus 30 plus 42, which would be 53, 44.

1002
01:30:41,260 --> 01:30:42,020
97.

1003
01:30:42,700 --> 01:30:43,140
Thank you.

1004
01:30:43,700 --> 01:30:45,840
This is free Ramsey with Crowder.

1005
01:30:47,640 --> 01:30:49,160
Free Ramsey with Crowder.

1006
01:30:49,340 --> 01:30:49,900
Do you need my address?

1007
01:30:50,540 --> 01:30:50,980
Yes, please.

1008
01:30:50,980 --> 01:30:56,980
Five, nine, six, zero, Kesselay, West Drive, Indianapolis, Indiana.

1009
01:30:57,720 --> 01:30:57,940
Thank you.

1010
01:31:04,320 --> 01:31:06,200
I think that's those are all my questions.

1011
01:31:06,680 --> 01:31:07,120
Thank you.

1012
01:31:07,960 --> 01:31:08,700
Mr. Claude?

1013
01:31:09,040 --> 01:31:09,240
Certainly.

1014
01:31:09,360 --> 01:31:10,300
I have three questions.

1015
01:31:10,860 --> 01:31:12,560
The first one is around the need for this.

1016
01:31:12,640 --> 01:31:15,660
When I read through the comments, there was a lot of concern that this property

1017
01:31:15,660 --> 01:31:19,340
will be underutilized and eventually become vacant and white.

1018
01:31:19,460 --> 01:31:24,720
So you talk about like what process you go through to determine the need for a building

1019
01:31:24,720 --> 01:31:27,300
of the size and the choice of this location.

1020
01:31:27,920 --> 01:31:33,720
Yeah, Croger does a lot of behind-the-scenes market research to select their sites.

1021
01:31:34,730 --> 01:31:42,720
They also take into account things like your comp plan to find sites that best suit their

1022
01:31:42,720 --> 01:31:43,140
use,

1023
01:31:45,320 --> 01:31:53,200
but ultimately, yeah, just the market research that Croger completes on their end provides

1024
01:31:53,200 --> 01:31:57,900
provides them with, you know, the gaps in services.

1025
01:31:59,500 --> 01:32:03,860
Okay, so there was a plan somewhere that exists that says that the town of Brownsburg,

1026
01:32:03,880 --> 01:32:06,680
or at least the surrounding community excited, this is very close to the AVE Online,

1027
01:32:07,060 --> 01:32:11,140
does have a need for an additional grocery store even though I know we just added a

1028
01:32:11,140 --> 01:32:11,880
mire here recently.

1029
01:32:12,540 --> 01:32:16,400
Yeah, I mean, when we make in this sort of investment,

1030
01:32:16,700 --> 01:32:19,440
if they didn't believe in the project for sure.

1031
01:32:19,960 --> 01:32:20,600
Okay, perfect.

1032
01:32:20,600 --> 01:32:25,880
My second question was, there were concerns about the six foot fence, and if I had two concerns

1033
01:32:25,880 --> 01:32:28,380
I read in the comments, one, and I share these concerns.

1034
01:32:28,940 --> 01:32:33,460
One is, you know, six feet, maybe not behind enough, to address things like light trespass

1035
01:32:33,460 --> 01:32:35,660
from primarily headlights.

1036
01:32:35,880 --> 01:32:39,240
I know that the other downward lights are not going to be an issue.

1037
01:32:39,720 --> 01:32:44,280
And then also the aging of a vinyl fence versus a masonry fence.

1038
01:32:44,760 --> 01:32:49,000
Is that something that Craig would be open to, a taller and potentially a different structure

1039
01:32:49,000 --> 01:32:54,900
or such as a masonry fence to sort of address light and sound trespass?

1040
01:32:55,870 --> 01:33:04,300
We believe that the fence proposed in addition to all the landscaping proposed will be sufficient.

1041
01:33:04,860 --> 01:33:10,780
I think the landscaping itself is kind of designed to block the headlights.

1042
01:33:10,780 --> 01:33:18,840
It's curfews used to do performing maintenance on the vinyl fences as necessary.

1043
01:33:19,240 --> 01:33:25,520
So it's something they're accustomed to, I think, right

1044
01:33:27,570 --> 01:33:29,350
now we don't foresee a need for a

1045
01:33:29,350 --> 01:33:36,450
Masonry fence or a Masonry wall, I guess, are you referring to the south or the west side?

1046
01:33:36,810 --> 01:33:37,510
Actually, both.

1047
01:33:37,670 --> 01:33:41,570
Because I think that's a both that were concerns about the obviously the semi-traffic coming into

1048
01:33:41,570 --> 01:33:45,410
the loading dock, shining into the back of people's windows, and then that would also

1049
01:33:45,410 --> 01:33:48,730
those trucks would come into the west and then head down and hit the south as well.

1050
01:33:49,170 --> 01:33:49,410
Yeah.

1051
01:33:49,830 --> 01:33:58,310
I don't think we have looked into the option of a taller fence, but I do believe that

1052
01:33:58,310 --> 01:34:04,190
a privacy fence could offer the same benefits as a masonry wall, in that regard.

1053
01:34:06,270 --> 01:34:06,710
Okay.

1054
01:34:07,310 --> 01:34:09,490
My third question relates to the size of the science.

1055
01:34:09,490 --> 01:34:10,830
So we're questioning the variance here.

1056
01:34:11,530 --> 01:34:13,590
So I assume this sign, and maybe apologize,

1057
01:34:13,750 --> 01:34:15,310
this might have been a better question for staff.

1058
01:34:16,170 --> 01:34:19,730
Is this larger than the sign on the existing croger

1059
01:34:20,250 --> 01:34:24,050
that's located north on Green Street close to the interstate?

1060
01:34:24,330 --> 01:34:27,370
And you're referring to the front croger wall sign?

1061
01:34:27,570 --> 01:34:28,190
Yes, yes.

1062
01:34:28,630 --> 01:34:32,510
It shouldn't be, I'm not super familiar with how big that sign is,

1063
01:34:32,530 --> 01:34:36,350
but this is pretty typical for a croger marketplace.

1064
01:34:36,350 --> 01:34:44,410
place, and we feel that it is proportional for the size of the facade and something that

1065
01:34:44,410 --> 01:34:50,350
is going to be readable from Green Street, which, you know, this sits kind of far back

1066
01:34:50,350 --> 01:34:50,810
from that.

1067
01:34:51,130 --> 01:34:51,150
So.

1068
01:34:52,830 --> 01:34:53,330
Okay.

1069
01:34:54,610 --> 01:34:56,470
Can I piggyback on something he said?

1070
01:34:57,710 --> 01:35:02,090
Looking at this picture that's up right now, see where the fence is?

1071
01:35:03,230 --> 01:35:04,190
The vinyl fence?

1072
01:35:04,750 --> 01:35:05,110
Correct.

1073
01:35:05,110 --> 01:35:10,230
You see how it's downhill yeah, and I think so it's only got about two feet of coverage

1074
01:35:10,910 --> 01:35:17,210
From any light going straight across the property, right, and I think staff made the comment

1075
01:35:17,210 --> 01:35:22,130
In future development plans if this were to move forward that we would

1076
01:35:22,950 --> 01:35:24,710
relocate that privacy fence

1077
01:35:25,230 --> 01:35:31,890
Up on top of the hill per say to meet up with the pavement line, right. Okay. Thank you

1078
01:35:33,680 --> 01:35:34,900
No further questions.

1079
01:35:35,220 --> 01:35:36,240
Thank you, Mr. Humphrey.

1080
01:35:36,660 --> 01:35:37,280
Yep.

1081
01:35:37,840 --> 01:35:43,360
Macy you said that you met with the community and took their information and feedback.

1082
01:35:43,360 --> 01:35:45,540
What changes were made as a result of you?

1083
01:35:45,860 --> 01:35:52,140
We did extend the fence on the southern side of the property.

1084
01:35:53,200 --> 01:36:00,640
We included those truck signs to not pass the cargo property.

1085
01:36:03,810 --> 01:36:09,190
We completed further traffic study and

1086
01:36:11,430 --> 01:36:14,130
we

1087
01:36:16,560 --> 01:36:24,320
extended the extent of our maintenance of the

1088
01:36:24,320 --> 01:36:25,140
railed fence.

1089
01:36:25,920 --> 01:36:31,100
Initially, we had it at the corner as like a gateway feature with the neighborhood

1090
01:36:31,640 --> 01:36:43,400
but we have extended it to maintain it the full length of the property with the exception of the access drives and those visibility areas.

1091
01:36:43,660 --> 01:36:48,740
Two fence adjustments, or what came out of that meeting, those are the changes.

1092
01:36:48,920 --> 01:36:50,620
Those are the changes that were made, the two fence.

1093
01:36:50,620 --> 01:36:50,940
Yes.

1094
01:36:51,280 --> 01:36:51,380
Okay.

1095
01:36:52,280 --> 01:36:52,500
All right.

1096
01:36:52,780 --> 01:36:59,460
Next question is the zoning, the local First Corridor Regional, when, when corroborates

1097
01:36:59,460 --> 01:37:03,100
their, their marketing, their advertising, would that just be for Brownsburg, would they

1098
01:37:03,100 --> 01:37:07,140
market for outside of the community?

1099
01:37:08,370 --> 01:37:16,960
We are very close to the community's edge, I think, Avon is a couple feet down the road.

1100
01:37:16,960 --> 01:37:21,600
So I would imagine, and I can't speak on behalf of marketing.

1101
01:37:21,880 --> 01:37:30,280
But I would imagine that some folks from Avon would be included in any marketing efforts as well.

1102
01:37:30,620 --> 01:37:35,440
Okay, would you be looking to bring in folks from farther away than that?

1103
01:37:35,760 --> 01:37:40,240
Is your marketing intended, or are you intending to get customers from further away?

1104
01:37:40,240 --> 01:37:43,200
I don't know that that would be necessary.

1105
01:37:45,300 --> 01:37:51,100
I would assume they would visit their local Krugger stores rather than travel out of the way to visit this one.

1106
01:37:51,680 --> 01:37:51,780
Okay.

1107
01:37:54,040 --> 01:38:01,680
Noise wise, so I noticed a lot of the truck access dump trash, all that is in the back corner.

1108
01:38:01,940 --> 01:38:02,340
Why is that?

1109
01:38:02,700 --> 01:38:05,000
Why would you put it in the back corner of the building?

1110
01:38:05,000 --> 01:38:15,640
But that was the best kind of layout for the site, otherwise if you turned it, the loading

1111
01:38:15,640 --> 01:38:20,440
docs would still be facing residential and then you'd kind of have a split parking lot.

1112
01:38:20,720 --> 01:38:23,760
So customers wouldn't have direct access to the storefront.

1113
01:38:24,580 --> 01:38:31,500
And then anywhere from there, you'd be putting your truck docs on right of way, which is not

1114
01:38:31,500 --> 01:38:35,320
the most sightly, nor do I know if it's allowed by code.

1115
01:38:36,500 --> 01:38:42,220
We do feel that the, you know, we were able to provide the most buffer in this area as

1116
01:38:42,220 --> 01:38:44,600
well, just given the shape of the property.

1117
01:38:46,760 --> 01:38:54,140
And yeah, the loading docs were put back there, I think intentionally, as well as the trash

1118
01:38:54,140 --> 01:39:00,500
compactor which is I think there were some questions about that. It's internally

1119
01:39:00,500 --> 01:39:09,320
fed from the store and then the compactor truck will come and pick it up and

1120
01:39:09,320 --> 01:39:13,560
take it away. There's no slamming of dumpsters associated with that. It's a

1121
01:39:13,560 --> 01:39:24,120
pretty seamless operation. Right, so it's not something you want in front of your

1122
01:39:24,120 --> 01:39:31,340
Noise-wise, you would have refrigerator trucks that would be left back there overnight, right, with refrigeration units.

1123
01:39:31,680 --> 01:39:39,320
It's my understanding that croggers, refrigeration trucks will come and drop their trailers and leave,

1124
01:39:39,680 --> 01:39:45,900
not necessarily stall out in the back of the store for extended periods of time.

1125
01:39:45,920 --> 01:39:49,880
It's common for the trailer to sit there with the conditioner running, though, correct?

1126
01:39:49,880 --> 01:40:05,040
I mean, they're offloaded as soon as they arrive, so I'm not sure the duration of that process, or how long they keep that refrigeration on, but how was the HVAC for the space conducted? Is it rooftop units?

1127
01:40:05,600 --> 01:40:09,620
Yes, it will be rooftop in screened with a pair of pitfalls.

1128
01:40:10,000 --> 01:40:11,380
Okay, and those are on 24-7.

1129
01:40:12,760 --> 01:40:13,880
Yes, I believe so.

1130
01:40:13,880 --> 01:40:19,320
Okay. Got it. Okay. That's a question to have. Okay. Thank you. Mr. Dolan.

1131
01:40:20,640 --> 01:40:26,780
Um, this question maybe should be for staff. Do you know where the, if the green street

1132
01:40:26,780 --> 01:40:29,360
entrance where that lines up across from Christian brothers?

1133
01:40:35,580 --> 01:40:37,320
Um, I don't know if that's shown

1134
01:40:37,320 --> 01:40:43,000
on. Currently it's pretty close, but they're wanting to close that entrance and move it, so

1135
01:40:43,000 --> 01:40:48,040
they're moving that one. They're going to move it closer and they are not going to have full

1136
01:40:48,040 --> 01:40:52,460
access. It's limited in. Okay. Okay.

1137
01:40:55,940 --> 01:41:01,800
Anything else? Yeah, it's perhaps. I have a two for

1138
01:41:01,800 --> 01:41:07,660
now. According to the gas pipeline that we spoke of, I looked it up on the National

1139
01:41:07,660 --> 01:41:16,540
Pipeline Mapping System. Does Krugger have concerns that this is considered a hazardous

1140
01:41:16,540 --> 01:41:17,060
just liquid.

1141
01:41:19,680 --> 01:41:27,140
No concerns. We'll obviously take the appropriate measures with the development

1142
01:41:27,140 --> 01:41:32,740
and we're aware that there's very restricted activities that can happen in that area,

1143
01:41:33,380 --> 01:41:38,060
but no, no concerns. Okay, so no concerns on the hazardous liquid

1144
01:41:38,060 --> 01:41:44,740
pipelines. What about the retired landfills that are to the west and north, northwest?

1145
01:41:44,740 --> 01:41:48,400
Yeah, there's no concerns there.

1146
01:41:49,570 --> 01:42:02,100
I believe that we are outside the IDAM notification area, however, that works out, but yeah, we're aware of the concerns.

1147
01:42:03,200 --> 01:42:05,000
Those are my questions for now.

1148
01:42:05,740 --> 01:42:15,880
Okay. Thank you. A couple questions. The the six foot wall on the west property line in the retaining wall.

1149
01:42:17,540 --> 01:42:32,080
Are those I don't know if we saw a cut are those on top of each other or they in front and if so, how tall is the retaining wall compared to the six foot.

1150
01:42:32,080 --> 01:42:40,420
fire is looking for the site plan which is first um see yeah there's two walls shown one along the

1151
01:42:40,420 --> 01:42:47,920
rear pavement edge and then there is also a section um closer to the side of the store kind

1152
01:42:47,920 --> 01:42:57,540
of near the entrance there um I don't know that we have established an exact height for that retaining

1153
01:43:07,970 --> 01:43:11,970
I mean, I don't know what it ranges from, but if we're getting a five foot retaining

1154
01:43:11,970 --> 01:43:15,450
wall and you're putting a six foot fence in front of it, that doesn't make sense.

1155
01:43:15,570 --> 01:43:17,850
So I just want to kind of clarify how that looks.

1156
01:43:18,250 --> 01:43:24,110
Yeah, and I think the intent is for the fence to be on top of the wall.

1157
01:43:24,270 --> 01:43:24,470
Okay.

1158
01:43:24,730 --> 01:43:26,430
That's what my question is.

1159
01:43:26,430 --> 01:43:31,290
Okay. Do you want the high? I can provide the height.

1160
01:43:31,630 --> 01:43:34,810
Yes, please, if you have it. Could you state your name and address for the record?

1161
01:43:35,070 --> 01:43:41,270
Patrick Sawinsky, address 500 East 96th Street Indianapolis, Indiana 46240.

1162
01:43:41,910 --> 01:43:42,150
Thank you.

1163
01:43:42,410 --> 01:43:46,610
The wall would range from zero up to the maximum 12 feet based on preliminary design.

1164
01:43:47,130 --> 01:43:49,530
Okay, and that is the retaining wall by itself.

1165
01:43:49,990 --> 01:43:50,570
That is correct.

1166
01:43:50,790 --> 01:43:51,250
All right. Thank you.

1167
01:43:55,100 --> 01:43:57,900
And then may have needed him to stay up here.

1168
01:43:57,900 --> 01:44:02,120
What is the plan for drainage detention retention?

1169
01:44:03,040 --> 01:44:05,840
I think I can, yeah, if you want to come up here.

1170
01:44:06,420 --> 01:44:11,080
I do know we are planning for on-site detention, but...

1171
01:44:11,080 --> 01:44:16,680
Yes, so all stormwater management measures will be designed in accordance with Tana Brown's

1172
01:44:16,680 --> 01:44:18,080
Verrigan-Hendrick's County standards.

1173
01:44:18,580 --> 01:44:23,440
As part of their requirements, we anticipate that an underground detention system will be provided

1174
01:44:23,440 --> 01:44:27,800
it on site to limit discharge rates from the proposed development.

1175
01:44:28,820 --> 01:44:32,880
Okay, and just to clarify, that would capture all impervious surfaces from this.

1176
01:44:33,240 --> 01:44:42,640
Yeah, obviously there is some small amount outside the impervious area that may continue to drain onto the other properties.

1177
01:44:43,420 --> 01:44:46,300
Yes, the full impervious development would be captured by the system.

1178
01:44:46,720 --> 01:44:47,280
All right, thank you.

1179
01:44:48,800 --> 01:44:51,060
All right, I think that's all I have for the civil.

1180
01:44:51,280 --> 01:44:51,520
Thank you.

1181
01:44:51,520 --> 01:44:58,600
I will also note that we have started conversations with the drainage folks, the drainage board as well.

1182
01:44:58,980 --> 01:44:59,160
Okay.

1183
01:45:00,000 --> 01:45:27,940
And then, I think just last question, this facility is 99,000 square feet. You know, I, Kroger has multiple stores, multiple brands. Are there other smaller facilities that Kroger has been developing lately? Or is this a standard? What, what kind of range and models have been developed in an area similar to this? This is typical for what Kroger is providing now.

1184
01:45:27,940 --> 01:45:39,160
They were developing 123 square feet for a short time there, but this is obviously smaller

1185
01:45:39,160 --> 01:45:40,200
than that.

1186
01:45:40,320 --> 01:45:49,320
The area provided kind of provides all the amenities that people expect with crocker nowadays,

1187
01:45:49,760 --> 01:45:55,140
the pick up, the pharmacy, usually they have a coffee tenant inside.

1188
01:45:55,960 --> 01:46:03,000
the offering within the store, so the 99 is pretty standard for CROGR.

1189
01:46:04,020 --> 01:46:08,460
All right, thank you. Any last questions for the applicant?

1190
01:46:10,940 --> 01:46:11,460
All right, thank you.

1191
01:46:11,620 --> 01:46:11,860
Thank you.

1192
01:46:15,130 --> 01:46:22,490
All right, staff and we received numerous written comments for this and we had those in our packet.

1193
01:46:23,150 --> 01:46:28,390
Let's say do we have a quick summary of some of the topics that were presented.

1194
01:46:34,010 --> 01:46:41,610
All of the comments were submitted for your review and laser fish along with a synopsis of each one of those.

1195
01:46:42,310 --> 01:46:47,890
There was one more received today which I placed a hard copy in front of your places.

1196
01:46:48,870 --> 01:46:54,570
All in all we had 38 citizens send 58 written comments in opposition.

1197
01:46:54,570 --> 01:47:01,750
There were two petitions submitted, one with 56 signers and one with 354 signers.

1198
01:47:02,350 --> 01:47:09,070
The concerns ranged from traffic, safety, lighting, pollution, crime, infrastructure process,

1199
01:47:09,610 --> 01:47:13,150
wildlife compatibility, and need for this facility.

1200
01:47:13,510 --> 01:47:17,710
There were also five letters from citizens in support.

1201
01:47:18,690 --> 01:47:23,250
For another store on the south side, the convenience, the tax base, and

1202
01:47:23,250 --> 01:47:24,470
in the investment in Brownsburg.

1203
01:47:27,600 --> 01:47:28,380
All right, thank you.

1204
01:47:31,500 --> 01:47:36,220
And then prior to getting to the public comment,

1205
01:47:36,300 --> 01:47:38,680
I'm going to propose that we take a five minute recess.

1206
01:47:40,880 --> 01:47:43,180
That would be fine, just a reminder of commissioners

1207
01:47:43,180 --> 01:47:45,720
that please not discuss any matters pertaining

1208
01:47:45,720 --> 01:47:47,240
to the agenda this evening during the recess.

1209
01:47:51,690 --> 01:47:52,510
All right, thank you, everyone.

1210
01:47:53,930 --> 01:47:57,810
Now continue with the public comment.

1211
01:48:00,780 --> 01:48:04,180
So we'll start with statements against.

1212
01:48:04,180 --> 01:48:10,500
will have 20 minutes allocated, individuals will be permitted 3 minutes, and those representing

1213
01:48:10,500 --> 01:48:12,680
3 or more people will be permitted 5 minutes.

1214
01:48:15,590 --> 01:48:18,170
We would ask that you keep your statements

1215
01:48:18,170 --> 01:48:27,590
to the 5 criteria we have to consider for rezoning. If staff could put those criteria on the screens

1216
01:48:27,590 --> 01:48:27,850
please.

1217
01:48:31,520 --> 01:48:36,120
And just want to ask that due to the number of people here would like to comment

1218
01:48:36,120 --> 01:48:42,460
if you could avoid repetition for items that have already been presented, that would allow us to get to more people.

1219
01:48:43,400 --> 01:48:48,980
All right, Steph, do we have anyone signed up for a statement against?

1220
01:49:02,340 --> 01:49:05,280
Yes, Reverend Jim said.

1221
01:49:06,520 --> 01:49:09,160
Just to please state your name and address for the record, please.

1222
01:49:10,560 --> 01:49:14,020
The Reverend Jim said 6742 Fox Club Lane.

1223
01:49:14,980 --> 01:49:20,300
I respectfully ask the advisory plan commission in town attorney to clarify whether the proposed

1224
01:49:20,300 --> 01:49:26,300
program PUD amendment has satisfied the procedural requirements of the Brownsburg Unified

1225
01:49:26,300 --> 01:49:33,960
Development Ordinance. It requires property owners signatures, UDO section 8.3.b.1 appears

1226
01:49:33,960 --> 01:49:38,560
to require signatures from at least 50% of the property owners affected by the proposed PUD

1227
01:49:38,560 --> 01:49:43,020
the UDO amendment has the required 50% support been obtained and documented.

1228
01:49:43,420 --> 01:49:46,640
And if so, where is that documentation in the public hearing materials?

1229
01:49:47,080 --> 01:49:50,300
If not, on what basis can the petition proceed?

1230
01:49:50,300 --> 01:49:55,740
If the town believes this requirement does not apply, what UDO provision provides that exemption?

1231
01:49:56,380 --> 01:50:03,120
The authority to file the amendment was not in the public file as we were, as we heard today, but

1232
01:50:03,120 --> 01:50:10,320
But the UDO section 8.3.b, it says proposals to amend the PUD ordinance text must be filed

1233
01:50:10,320 --> 01:50:13,120
by the owners of the property to which the amendment applies.

1234
01:50:15,020 --> 01:50:20,300
We were able to look up the meeting minutes from the Camargo Club meeting when they were

1235
01:50:20,300 --> 01:50:26,520
creating the pub, and it originally, the original intent was for a small scale grocery store,

1236
01:50:26,520 --> 01:50:35,620
not a super market as is being proposed, so the legal sufficiency of the petition is in question.

1237
01:50:36,700 --> 01:50:44,200
Neighborhood Liaison's contact to the town attorney on July 24th, 2026, and followed up on August 5th, 2026,

1238
01:50:44,800 --> 01:50:52,720
seeking clarification of these requirements, and until today we got nothing until we heard the presentation today.

1239
01:50:52,720 --> 01:50:57,860
Given these questions were unanswered at the time regarding ownership, authority,

1240
01:50:57,980 --> 01:51:03,120
to file, and the required property owner support, we respectfully request that the APC not

1241
01:51:03,120 --> 01:51:07,060
proceed to the merits of the proposed development until the town attorney confirms

1242
01:51:07,060 --> 01:51:11,360
on the record that the petition is legally and procedurally sufficient.

1243
01:51:11,840 --> 01:51:13,840
The central question is very straightforward.

1244
01:51:14,720 --> 01:51:19,360
How can the APC properly consider and act upon this HUD amendment if compliance

1245
01:51:19,360 --> 01:51:26,240
With the UDO requirements governing who may file the amendment and the required property owner support has not been demonstrated.

1246
01:51:26,980 --> 01:51:34,040
We're asking that the town to follow its adopted procedures and establish publicly that the petition is legally eligible for consideration.

1247
01:51:34,760 --> 01:51:46,720
Before proceeding, we respectfully request that the APC and town attorney address these questions on the record and identify the specific UDO provisions supporting the town's decision to accept and hear this petition.

1248
01:51:46,720 --> 01:51:50,840
And is this proposal even legal to be considered tonight?

1249
01:51:51,500 --> 01:51:52,280
Thank you.

1250
01:51:53,200 --> 01:51:54,120
Thank you.

1251
01:51:58,980 --> 01:52:02,900
As I will address questions at the end of the applicant or

1252
01:52:02,900 --> 01:52:09,340
the staff can answer the questions that are presented after the public comment session.

1253
01:52:17,600 --> 01:52:20,880
I'm not sure how the APC wants to handle this.

1254
01:52:21,060 --> 01:52:25,200
My plan was to read through the list of folks to.

1255
01:52:25,200 --> 01:52:27,720
Correct, we'll go with the next person signed up.

1256
01:52:27,820 --> 01:52:28,760
Thank you.

1257
01:52:29,560 --> 01:52:31,860
It is Ms. Stephanie Manor.

1258
01:52:32,380 --> 01:52:33,060
All right, thank you.

1259
01:52:33,340 --> 01:52:34,320
I have an item for the projector.

1260
01:52:34,320 --> 01:52:34,880
I've submitted.

1261
01:52:36,300 --> 01:52:37,980
Would anybody like a paper copy?

1262
01:52:38,940 --> 01:52:39,860
For ease of looking.

1263
01:52:40,920 --> 01:52:41,120
Okay.

1264
01:52:41,360 --> 01:52:41,820
Yeah, I'm sure.

1265
01:52:42,680 --> 01:52:43,600
Yeah, sure, sure.

1266
01:52:46,460 --> 01:52:46,600
Yeah.

1267
01:52:50,030 --> 01:52:50,970
Thank you very much.

1268
01:52:58,190 --> 01:53:00,730
Stephanie Manor, I live in our custom bill,

1269
01:53:01,010 --> 01:53:04,610
home 43 feet south of the proposed change in land use.

1270
01:53:04,610 --> 01:53:06,710
at 6830 Brigham Bay Drive.

1271
01:53:07,350 --> 01:53:11,930
Most importantly, I am mom to our eight, five, and three-year-old,

1272
01:53:12,030 --> 01:53:14,410
who have always been told they grow up in our home.

1273
01:53:14,770 --> 01:53:19,350
That is proposed now to be unsafe and unfit for them.

1274
01:53:20,450 --> 01:53:22,450
Please look at the images projected on the screen,

1275
01:53:22,950 --> 01:53:24,630
and take note of the vast difference

1276
01:53:24,630 --> 01:53:26,150
from what Kroger has submitted.

1277
01:53:26,630 --> 01:53:29,050
This is the true plan, not just a building.

1278
01:53:29,450 --> 01:53:32,490
See, the proposal isn't about a building or a strip of brick.

1279
01:53:32,490 --> 01:53:39,670
Even Deb Cook and Council members were taken aback at what they saw touching our home when they looked at this.

1280
01:53:40,190 --> 01:53:45,710
We reviewed the lots allowed uses upon buying our land and trusted that as a place to build our lives.

1281
01:53:46,430 --> 01:53:56,890
Per experts this will devalue our experience and our home value greatly but we may not even have a choice but to abandon our forever home because it may no longer be safe.

1282
01:53:56,890 --> 01:54:04,390
You see, in the plan, Kroger is directing semis to exit the doc facing our home, 43 feet

1283
01:54:04,390 --> 01:54:07,010
from where my children play animal rescuer in the backyard.

1284
01:54:07,630 --> 01:54:13,230
But for your benefit, they move the line from the original drawing, instead of the distance

1285
01:54:13,230 --> 01:54:19,050
from my yard, now they show the distance from my house to the concrete where those semis

1286
01:54:19,050 --> 01:54:19,450
will drive.

1287
01:54:20,310 --> 01:54:25,290
So that doesn't change the design, but it does indicate we don't have the right to proper

1288
01:54:25,290 --> 01:54:28,910
for use and value of our lot, which is part of our home.

1289
01:54:30,130 --> 01:54:34,710
Kroger's own engineer said in the neighborhood meeting that their drainage system won't catch everything,

1290
01:54:35,350 --> 01:54:41,450
so truck chemicals, toxins, and other waste will drain from that elevated lot into yards.

1291
01:54:41,790 --> 01:54:42,870
But it's not just my kids.

1292
01:54:43,590 --> 01:54:47,550
My neighbor trusted this neighborhood as a safe space for his son Aiden,

1293
01:54:48,070 --> 01:54:51,450
who has severe disabilities and incredible sensitivities.

1294
01:54:51,450 --> 01:54:57,210
With constant sporadic loud noises, Aiden will probably not be able to play outdoors anymore.

1295
01:54:57,990 --> 01:55:00,990
He also will likely struggle just to be in his own home.

1296
01:55:02,010 --> 01:55:06,530
Why would we give privileges to a company who has fallen short on promises in the past

1297
01:55:06,530 --> 01:55:10,290
holding the Marsh Bacon for years so that a competitor couldn't move in?

1298
01:55:10,750 --> 01:55:17,350
The council spoke out on this then, and now, this same company is asking the town to reward

1299
01:55:17,350 --> 01:55:21,090
or that behavior at the expense of ruining family homes.

1300
01:55:21,850 --> 01:55:26,010
There is no doubt that this will ruin our peaceful enjoyment of our homes and

1301
01:55:26,010 --> 01:55:27,630
the feel of our neighborhoods.

1302
01:55:28,390 --> 01:55:32,670
This proposal not only places heavy commercial in our neighborhood,

1303
01:55:33,090 --> 01:55:38,790
but also in the spot that is the worst impactful,

1304
01:55:39,130 --> 01:55:43,070
the most negatively impactful on direct neighbors who live there now.

1305
01:55:43,750 --> 01:55:46,030
Please ask yourself, would you want this in your backyard?

1306
01:55:46,030 --> 01:55:50,470
loud noises, banging, lights, beepers, trash, mayhem.

1307
01:55:51,010 --> 01:55:53,410
If you say no, I wouldn't want this in my backyard.

1308
01:55:53,410 --> 01:55:54,490
Please vote no today.

1309
01:55:55,090 --> 01:55:57,370
I thank you for considering making a true difference

1310
01:55:57,370 --> 01:56:00,150
for all of us here tonight and those who can't be here.

1311
01:56:00,690 --> 01:56:01,910
Thank you, please vote no.

1312
01:56:02,530 --> 01:56:02,830
Thank you.

1313
01:56:12,930 --> 01:56:16,190
The next speaker is Chad Duda.

1314
01:56:17,310 --> 01:56:17,970
Good evening.

1315
01:56:18,310 --> 01:56:20,890
My name is Chad Duda, I live at 3329 Walnut Drive,

1316
01:56:21,210 --> 01:56:22,150
and I'm speaking in opposition.

1317
01:56:22,890 --> 01:56:25,190
My job is to set the framework because of this law,

1318
01:56:25,190 --> 01:56:31,190
This commission weighs this amendment against five principles and neighbors after me will speak to each in depth one the

1319
01:56:31,190 --> 01:56:37,470
Comprehensive plan the applicants own narrative admits the plan designates this parcel this parcel is local commercial

1320
01:56:37,470 --> 01:56:46,790
But the plan defines that category of small scale retail goods and services that do not notably exceed the surrounding residents and also minimize impact on neighbors a

1321
01:56:47,270 --> 01:56:53,790
99,000 square foot store supermarket with a seven dispenser fuel centers neither small scale nor low impact

1322
01:56:53,790 --> 01:56:58,970
In fact, its regional retail and the plan never put this on this corner.

1323
01:56:59,810 --> 01:57:02,350
2. The character conditions of the area.

1324
01:57:03,050 --> 01:57:08,270
By the applicant's own narrative, the trash compactor, the loading berth sit on the western residential side.

1325
01:57:09,330 --> 01:57:14,990
While the canopy runs, roughly 45 candles and runoff drains towards whitelit creek for pollution.

1326
01:57:15,670 --> 01:57:20,730
3. The most desirable use. The applicant's narrative calls this a transitional use of the land.

1327
01:57:20,730 --> 01:57:26,070
A regional store and full gas station is not transitional towards the neighborhood.

1328
01:57:26,550 --> 01:57:30,910
It intensifies the edge next to the nearby homes and threatens the normalcy of their neighborhoods.

1329
01:57:32,070 --> 01:57:38,670
For the conservation of property values, the applicant's narrative claims the project will not negatively impact the area.

1330
01:57:39,310 --> 01:57:42,670
Real estate professionals in your own pre-meeting comments say the opposite.

1331
01:57:43,190 --> 01:57:48,510
A home backing up to the supermarket, a fuel center, and delivery trucks sell for less and

1332
01:57:48,510 --> 01:57:50,010
to far fewer buyers.

1333
01:57:50,830 --> 01:57:53,210
Five, responsible development and growth.

1334
01:57:53,670 --> 01:57:56,730
This is a planning body, and this is where planning matters most.

1335
01:57:57,610 --> 01:58:01,090
The town's own stormwater reviewers deferred the drainage report flood routing,

1336
01:58:01,290 --> 01:58:05,150
detention design, and SWPPP to future development plan.

1337
01:58:05,810 --> 01:58:08,990
So you're asked to rewrite the PUD grant 10 waivers tonight

1338
01:58:09,470 --> 01:58:12,370
before anyone has proven the site can handle its own runoff and flooding.

1339
01:58:13,130 --> 01:58:16,210
Approving the promise and engineering it later is exactly backwards

1340
01:58:16,210 --> 01:58:17,230
in not how planning works.

1341
01:58:17,850 --> 01:58:24,150
five principles on everyone that's proposed a false short of the standard you're asked to uphold I'm not opposed to growth

1342
01:58:24,150 --> 01:58:31,310
I'm asking you to hold the project to plant to the planet promises residential's relied on our respectfully ask you to

1343
01:58:31,310 --> 01:58:36,970
recommend no on this putt amendment. Thank you, please

1344
01:58:40,080 --> 01:58:41,640
hold a pause. Thank you.

1345
01:58:41,640 --> 01:58:49,140
Richie Crawford. Thank you. Yes, my name is Richie Crawford 6760 Brigham Bay Drive as you can tell I work

1346
01:58:49,140 --> 01:58:55,440
FAT&T, I am the Brownsburg Inspector for all, everything you guys do here, for anything

1347
01:58:55,440 --> 01:58:56,460
going to AT&T.

1348
01:58:56,640 --> 01:58:58,240
So, I've been on a lot of job sites.

1349
01:59:00,160 --> 01:59:05,620
All the work and infrastructures and roads and utilities that would be needed, who's

1350
01:59:05,620 --> 01:59:06,200
paying for that?

1351
01:59:06,960 --> 01:59:11,720
The draft studies that provided does not show future growth, but shows already struggling

1352
01:59:11,720 --> 01:59:12,940
roads with D grades.

1353
01:59:13,580 --> 01:59:19,500
Some people are forced on the fact that this may bring funds to the town that would cost.

1354
01:59:20,540 --> 01:59:23,880
Road improvements, stormwater, runoffs, electrical wires move.

1355
01:59:24,420 --> 01:59:28,020
There's two houses to the south that are on well waters.

1356
01:59:28,940 --> 01:59:31,000
How's that going to affect those people right there?

1357
01:59:32,080 --> 01:59:38,420
I didn't see any proposal for croggers offering any funds for infrastructure needs.

1358
01:59:38,620 --> 01:59:41,020
So we need to know what is going to cost the neighbors.

1359
01:59:41,020 --> 01:59:46,800
But I ask, will this finitely benefit the town or cost the town?

1360
01:59:47,040 --> 01:59:54,660
Plus, Brownsburg's are paying a six-figure installment for development on Main Street per town council meeting.

1361
01:59:55,520 --> 01:59:57,020
So that's their cost right there.

1362
01:59:57,540 --> 01:59:59,940
What incentives will be given with tax abatement?

1363
02:00:13,160 --> 02:00:29,980
So, that's basically what I have. I also noticed that since I'm on all the sites all the time, you do have a lot of stuff that has to change infrastructure-wise. You have a fire hygienic when you travel in south that has to move. You also have a storm drain to start.

1364
02:00:29,980 --> 02:00:34,600
are you sticking out? You have both of those entrances that are going to have to change.

1365
02:00:35,220 --> 02:00:40,820
So you can't have two lights close together for traffic for the Christian brothers and

1366
02:00:40,820 --> 02:00:41,880
the traffic coming out.

1367
02:00:42,760 --> 02:00:49,180
Semitraphics not going to be able to turn coming southbound because the median school buses

1368
02:00:49,180 --> 02:00:53,360
are a struggling just to make that turn. So there's no way no semi is going to ever make

1369
02:00:53,360 --> 02:00:59,960
that turn. And most of all, I have a box, a PFP box that's feeding eight hundred and

1370
02:01:00,680 --> 02:01:09,960
164 people fiber in the corner of that lot right there when you turn it's behind that brick wall that will have to be moved

1371
02:01:12,040 --> 02:01:16,700
Definitely I've already talked to Henry's power. You're gonna need a three-phase system in there right now

1372
02:01:16,700 --> 02:01:20,460
It's a one-phase. There's a lot of variables on this the

1373
02:01:20,460 --> 02:01:22,840
Cons outweigh all the pros

1374
02:01:23,600 --> 02:01:25,540
That's all I have. Thank you

1375
02:01:25,540 --> 02:01:27,020
Thank you

1376
02:01:27,020 --> 02:01:28,020
Hello,

1377
02:01:31,380 --> 02:01:33,020
my name is Autumn Soika.

1378
02:01:33,340 --> 02:01:35,800
I'm the managing broker of Heroes Property Group.

1379
02:01:36,180 --> 02:01:38,640
Our address is 410 West Oak Street,

1380
02:01:39,200 --> 02:01:42,640
Suite 3, Scienceville, Indiana, 46077.

1381
02:01:43,400 --> 02:01:46,260
I'm here tonight in support of the many property owners

1382
02:01:46,260 --> 02:01:48,880
in this room and the many more that have reached out to you.

1383
02:01:49,700 --> 02:01:52,660
I'm coming to you tonight as a real estate professional

1384
02:01:52,660 --> 02:01:54,660
who's represented both buyers and sellers

1385
02:01:55,120 --> 02:01:56,600
in the neighboring subdivision,

1386
02:01:56,600 --> 02:01:58,140
and I share in their concerns.

1387
02:01:58,140 --> 02:02:02,480
I can absolutely tell you this will impact property values.

1388
02:02:03,140 --> 02:02:11,960
It will impact their right to quiet enjoyment and it will impact their resaleability mostly for the people that are closest to this development.

1389
02:02:12,960 --> 02:02:20,500
Last month I tuned into the meeting and after the continuance I thought that I would just keep listening in to hear what was happening in this part of Hendricks County.

1390
02:02:20,720 --> 02:02:26,880
And I was really happily pleased just with the way you guys took the time to flesh out.

1391
02:02:26,880 --> 02:02:31,540
something as simple as definitions to make sure that you had clarity as you

1392
02:02:31,540 --> 02:02:35,880
approach development in your community. I'm on the wrong side of some bad

1393
02:02:35,880 --> 02:02:40,040
development where I live and that was very refreshing to see. And that is

1394
02:02:40,040 --> 02:02:45,200
exactly how this body should function. Our neighbors in place for the people, not

1395
02:02:45,200 --> 02:02:50,120
for not for private interest. The truth is no one will care as much about this

1396
02:02:50,120 --> 02:02:53,580
community as the people that live here and I want to remind you that these are

1397
02:02:54,280 --> 02:03:01,240
They share your kids' sports teams, and they are your neighbors that don't mind driving 2.6 miles to the other croaker down the street.

1398
02:03:02,220 --> 02:03:13,080
Should you come to the conclusion that the additional grocery store, just a few miles from all of the others, is a greater benefit than protecting these property owners.

1399
02:03:13,400 --> 02:03:15,680
I ask you to require a few things.

1400
02:03:16,320 --> 02:03:22,160
Hold them to their proposed buffers, but also include masonry, sound mitigation, not vinyl fencing,

1401
02:03:22,160 --> 02:03:24,280
and require a minimum eight-foot berm.

1402
02:03:25,380 --> 02:03:29,740
Assist the neighborhood with closing their residential streets to stop outside traffic

1403
02:03:29,740 --> 02:03:30,640
from kind of through.

1404
02:03:31,020 --> 02:03:35,040
Common sense will tell us that semis get lost and people don't know where to go.

1405
02:03:35,960 --> 02:03:39,680
Require limited delivery and operation hours from 8 a.m. to 8 p.m.

1406
02:03:39,680 --> 02:03:41,780
to eliminate noise and additional hazards.

1407
02:03:42,540 --> 02:03:45,020
Require all downward facing non-glare lighting.

1408
02:03:45,320 --> 02:03:49,160
Don't allow any outside storage or running vehicles to stay in the lot.

1409
02:03:49,160 --> 02:04:17,260
require that the building be placed in a less injurious location on the lot or better yet something smaller, as was mentioned, do not allow them to place the loading document next to residential homes and certainly not under 50 feet from a tax paying citizen, require law enforcement and security to mitigate crime and lastly add a clause to this put amendment that the changes void of this proposal does not come to fruition.

1410
02:04:17,960 --> 02:04:20,380
This is not about being anti-development.

1411
02:04:20,600 --> 02:04:22,200
This is about smart development.

1412
02:04:22,800 --> 02:04:29,300
In this area, these property owners would love to see you as their board stand up and protect them.

1413
02:04:29,680 --> 02:04:30,900
They didn't move to Main Street.

1414
02:04:31,180 --> 02:04:32,540
They moved to call the SACS.

1415
02:04:35,330 --> 02:04:35,910
Thank you.

1416
02:04:41,640 --> 02:04:42,520
Brian Hickman.

1417
02:04:55,820 --> 02:04:57,980
And they're finding the fact that they're going to go to the

1418
02:05:01,180 --> 02:05:02,160
hospital with all of them in the group.

1419
02:05:02,980 --> 02:05:08,960
The people in the market, up to the side of the detached gas station, would not represent the hospital with all of them already in one statement.

1420
02:05:09,980 --> 02:05:17,720
The Commission staff are going on page 58, and they report that the accidental points have been located without direct access to that incident.

1421
02:05:18,440 --> 02:05:19,220
That's not true.

1422
02:05:20,180 --> 02:05:27,880
The intersection of 227 North Road is this access point to the home road rather than the NAMCO campus, the Marvel Club, and the Renegative Park Department.

1423
02:05:28,440 --> 02:05:31,300
And it's the secondary access point to the residents moving away.

1424
02:05:31,860 --> 02:05:39,420
If approved, residents in these neighborhoods would then have to continue with so much our effort to use the North Road Drive Access Point to make sure that they are there.

1425
02:05:39,420 --> 02:05:45,640
as well as current delivery vehicles, instacart drivers, and current customers all using that same

1426
02:05:45,640 --> 02:05:50,240
intersection. As a big incident that an order to avoid this thing is an intersection,

1427
02:05:50,440 --> 02:05:54,600
residents of these neighborhoods will then help the youth to grow to do in a way at their

1428
02:05:54,600 --> 02:05:59,700
plant house. The increased traffic in an already poorly rated intersection through a neighborhood

1429
02:05:59,700 --> 02:06:03,760
without pre-designed bridge streets has not been considered.

1430
02:06:04,700 --> 02:06:10,720
Children play in the neighborhood directly adjacent to the site and they write their bikes along the bike path and run along with a little data.

1431
02:06:11,440 --> 02:06:16,080
What about the two brown-gray school buses that are dedicated so much more to our neighborhoods?

1432
02:06:17,160 --> 02:06:21,200
What happens when the library drivers are so much more smart because they're in a rush?

1433
02:06:22,020 --> 02:06:30,740
The draft traffic setting simply does not account for the sheer increased volume traffic that will now run through the intersection with the 99,000-4,500 people.

1434
02:06:32,120 --> 02:06:36,600
as well as a new apartment in the title being built on the App 2.67.

1435
02:06:37,820 --> 02:06:42,220
The Brownford PD, out of conditional resources to ensure the safety of residents in our neighborhood

1436
02:06:42,220 --> 02:06:44,620
will increase traffic and never increase traffic.

1437
02:06:46,600 --> 02:06:48,740
And finally, what happened with the Walmart?

1438
02:06:49,000 --> 02:06:52,460
It was a very preferred site, a quarter mile north of 322.67.

1439
02:06:53,260 --> 02:06:57,220
The curb was decided to have a nearly 300,000 square feet of supermarket,

1440
02:06:57,220 --> 02:07:03,420
along the same 6 mile stretch of 267, there's no water profitable and they cut

1441
02:07:03,420 --> 02:07:08,980
they can close this new market. The tower would then be left with a vacant 99,000 square foot

1442
02:07:08,980 --> 02:07:14,800
of supermarket gas station with 380 parking spaces, 100 feet north of the local

1443
02:07:14,800 --> 02:07:21,660
frontward side. That vacant building, which at the put chain, just passed, it would only ever be a

1444
02:07:21,660 --> 02:07:26,380
supermarket gas station, but then be the first thing people see when they drive into the

1445
02:07:26,380 --> 02:07:31,720
How was that responsible development group?

1446
02:07:32,300 --> 02:07:35,300
There are four in household assigned to condition.

1447
02:07:36,180 --> 02:07:38,080
You submit to you to say it's not.

1448
02:07:38,580 --> 02:07:39,940
Thank you, as you vote no.

1449
02:07:41,520 --> 02:07:42,120
Thank you.

1450
02:07:45,980 --> 02:07:46,900
Steph Duda.

1451
02:07:47,400 --> 02:07:49,720
Can you make sure your mic's on as a little green light on?

1452
02:07:50,240 --> 02:07:50,360
Yeah.

1453
02:07:50,620 --> 02:07:50,800
OK.

1454
02:07:50,960 --> 02:07:51,200
Thank you.

1455
02:07:52,020 --> 02:07:52,320
Hi.

1456
02:07:58,830 --> 02:08:00,950
I'm from Fresno, a parent in an agency.

1457
02:08:01,390 --> 02:08:03,890
I serve a state of innovation for a neighbor.

1458
02:08:03,890 --> 02:08:08,450
As an educator, I believe the communities teach values through the places they make.

1459
02:08:08,890 --> 02:08:11,610
No one is asking this land to remain untouched.

1460
02:08:12,050 --> 02:08:14,430
There are better possibilities to buy by the current cut.

1461
02:08:14,870 --> 02:08:19,090
A community park, walking past, gathering space, a play area,

1462
02:08:19,270 --> 02:08:21,730
or an outdoor learning center to look at that in A-Bon.

1463
02:08:22,970 --> 02:08:24,510
That local public schools use.

1464
02:08:25,090 --> 02:08:28,870
I've witnessed outdoor learning spaces and help students understand and experience

1465
02:08:28,870 --> 02:08:32,890
watershed, wildlife, and environmental science in a way that's not being taught.

1466
02:08:33,390 --> 02:08:37,510
That kind of resource was that that browns were children and families for generation.

1467
02:08:38,130 --> 02:08:44,530
My family and I moved to Brownsburg because I felt like a neighborhood, a community in the home.

1468
02:08:45,570 --> 02:08:48,170
We have lived in a neighborhood when it used to feel this way.

1469
02:08:49,050 --> 02:08:52,890
And we sadly watched it, it comes up in more than a quarter or a track and business.

1470
02:08:53,770 --> 02:08:56,730
It no longer resembles the community which we chose to reside.

1471
02:08:58,070 --> 02:09:02,710
What is that community feeling with characters, green spaces, and places where families could feel at home?

1472
02:09:03,450 --> 02:09:05,750
That's making you move around through it.

1473
02:09:05,990 --> 02:09:09,810
If you want to move directly in touch with this property, make that same investment.

1474
02:09:10,450 --> 02:09:12,450
Has anyone visit the site for the new project?

1475
02:09:14,700 --> 02:09:16,100
Also, 50 June now.

1476
02:09:16,840 --> 02:09:19,580
This is not an abstract personal land on a map.

1477
02:09:19,800 --> 02:09:22,320
It is a part of the daily surroundings of real families.

1478
02:09:22,960 --> 02:09:25,700
The mission has her with this proposal we need today.

1479
02:09:25,700 --> 02:09:30,020
More than 350 residents signed our petition in only a few days.

1480
02:09:30,680 --> 02:09:33,020
That does not mean residents opposed all the road.

1481
02:09:33,320 --> 02:09:37,360
It simply means that they are asking the town to please them before making a permanent change.

1482
02:09:38,200 --> 02:09:40,700
I've listened carefully to the residents who spoke before me.

1483
02:09:41,040 --> 02:09:45,140
They've addressed the project's technical, environmental, safety, and planning concerns.

1484
02:09:45,860 --> 02:09:50,600
I do not wish for a few close points, so, in closing, I'm asking the commission to consider

1485
02:09:50,600 --> 02:09:55,060
what this decision made for people to make here and for the future of Brownsburg.

1486
02:09:55,800 --> 02:10:00,580
The question before he is not whether this property can be developed is whether this proposal

1487
02:10:00,580 --> 02:10:04,300
is amendment is the right choice for this location and this community.

1488
02:10:04,900 --> 02:10:08,600
They respectfully ask you to honor the residents who trust you Brownsburg

1489
02:10:08,600 --> 02:10:09,680
but they're far from investment.

1490
02:10:10,440 --> 02:10:13,700
They're home and to recommend against this cut amendment.

1491
02:10:14,180 --> 02:10:16,340
Thank you for your time and service for our community.

1492
02:10:17,440 --> 02:10:18,060
Thank you.

1493
02:10:20,600 --> 02:10:26,060
Mr. Prime Minister, Mr. Vice President, staff has informed me that the 20-minute time limit has been reached.

1494
02:10:27,640 --> 02:10:30,100
How many names remain on the list?

1495
02:10:43,420 --> 02:10:47,520
Nine people to speak against and three to speak for.

1496
02:10:50,240 --> 02:10:56,980
Just for confirmation, the statements in support have a additional 20 minutes.

1497
02:11:01,910 --> 02:11:04,690
So nine by three would be another 27 minutes.

1498
02:11:04,690 --> 02:11:11,150
And I think I like what we did last time where we asked if anyone had something different

1499
02:11:11,150 --> 02:11:15,070
than the items that have been discussed so far.

1500
02:11:15,850 --> 02:11:20,010
And if anyone had those, but understand, if you start going into the things we already

1501
02:11:20,010 --> 02:11:23,430
covered, we will need to stop because we want to give everybody a chance to just give make

1502
02:11:23,430 --> 02:11:27,190
their points if they are different from the ones that have been made previously, right?

1503
02:11:27,490 --> 02:11:31,650
So obviously you have any, does anyone else have the other nine that are signed up?

1504
02:11:31,650 --> 02:11:39,890
Well continue any other nine have different points that they are wanting to make than that have not already been made

1505
02:11:41,150 --> 02:11:44,130
So we're early asking for one additional speaker

1506
02:11:45,710 --> 02:11:51,670
Okay, so I would propose to suspend our rules for one additional speaker give them three minutes and just to confirm

1507
02:11:51,670 --> 02:11:52,610
in

1508
02:11:53,270 --> 02:11:59,690
Fairness to the rebuttal that the applicant would also receive additional time on top of their five minute rebuttal

1509
02:11:59,690 --> 02:12:07,740
Certainly, would that be one extra minute, would that be sufficient for the applicant, they give a thumbs up.

1510
02:12:07,800 --> 02:12:08,720
We have a thumbs up, yeah.

1511
02:12:09,440 --> 02:12:19,840
So there's a motion to permit three additional minutes for statements against, I think will allow three additional minutes for statements for.

1512
02:12:20,860 --> 02:12:27,680
And then one additional minute for the applicant rebuttal, is that your motion.

1513
02:12:28,280 --> 02:12:29,960
Okay, there's a motion, is there a second?

1514
02:12:29,960 --> 02:12:35,240
Second all those in favor please vote aye aye those opposed nay

1515
02:12:36,840 --> 02:12:38,480
Motion passes. All right. Thank you.

1516
02:12:57,460 --> 02:13:00,860
Okay. Thank you. Thank you for when please state your name for the record

1517
02:13:53,180 --> 02:13:59,740
already have it. When it rains, our coffee floods and we actually have a creep, because that is our property.

1518
02:14:00,400 --> 02:14:04,380
And the engineer has already said that that will not stop.

1519
02:14:05,580 --> 02:14:07,240
Can you speak into the mic please?

1520
02:14:09,240 --> 02:14:10,820
Could you speak into the mic please?

1521
02:14:11,180 --> 02:14:16,500
This is not the development, we are a problem. I was there for that original health pills,

1522
02:14:16,500 --> 02:14:26,780
and I guarantee you they did not say that there would be any commercial as a matter of fact they promise

1523
02:14:27,500 --> 02:14:34,440
to a house way bigger than this in plain field that there would be no commercial on that area.

1524
02:14:34,900 --> 02:14:41,480
None periods the last part would be a residential facility for seniors.

1525
02:14:41,480 --> 02:14:50,400
Many people that fight property and have a built in five on the promise that it would be

1526
02:14:50,400 --> 02:14:55,860
no commercial and the last step of the property would be the senior system property.

1527
02:14:56,360 --> 02:14:59,700
My husband likes to kid everybody and say it's complete.

1528
02:15:00,400 --> 02:15:07,600
Because it would be right next to our property, we could look over, we're old. And I had had an eight

1529
02:15:07,600 --> 02:15:14,240
foot, we've been at 25 years, I started with an eight foot gross garden, I now have a hundred

1530
02:15:14,240 --> 02:15:21,400
and fifty gross garden. We started with a house that was one store, it is now two stores.

1531
02:15:22,500 --> 02:15:29,040
We would not put all that money into our property if we knew there was going to be commercial

1532
02:15:29,040 --> 02:15:34,940
at school. And the last thing I would like to say, if you put a gas station, that's to my

1533
02:15:34,940 --> 02:15:42,640
bedroom window, I have a chronic cough. I am old, I'm over the 60 range, and I am a

1534
02:15:42,640 --> 02:15:46,000
high risk. Please don't know.

1535
02:15:46,880 --> 02:15:48,620
That's right. Thank you.

1536
02:15:56,190 --> 02:15:59,030
Scott Smith. And this is the statements for support.

1537
02:15:59,310 --> 02:16:00,970
These are support statements. Thank you.

1538
02:16:00,970 --> 02:16:01,650
I

1539
02:16:10,100 --> 02:16:12,060
bring in Bay's Drive and the Heritage Hills of the Bay.

1540
02:16:12,420 --> 02:16:14,680
Many of my neighbors here are, many of my neighbors

1541
02:16:14,680 --> 02:16:16,660
and here tonight speak against the broker development.

1542
02:16:17,300 --> 02:16:19,260
Although it goes against my own personal interest

1543
02:16:19,260 --> 02:16:21,220
as a homeowner, I'm not here to do that.

1544
02:16:21,580 --> 02:16:23,400
I think you should allow the broker to proceed.

1545
02:16:23,860 --> 02:16:25,680
I do worry about the traffic and the listen

1546
02:16:25,680 --> 02:16:27,740
with potential for my own property values

1547
02:16:27,740 --> 02:16:28,280
to be diminished.

1548
02:16:28,880 --> 02:16:30,580
But they also worry about the devastating effects

1549
02:16:30,580 --> 02:16:32,480
of sign bill ones, the terrible amount

1550
02:16:32,480 --> 02:16:35,040
of the residential and commercial property in Brunsburg

1551
02:16:35,480 --> 02:16:37,700
and the brutal impact of 30 years of tips

1552
02:16:37,700 --> 02:16:39,280
if citing money and legal schools.

1553
02:16:39,840 --> 02:16:42,340
This development would be a commercial taxpayer

1554
02:16:42,340 --> 02:16:44,400
outside of the Brownsburg tip.

1555
02:16:44,820 --> 02:16:47,140
There's far too little of that kind of land remaining,

1556
02:16:47,540 --> 02:16:49,760
and we cannot miss commercial development opportunities

1557
02:16:49,760 --> 02:16:50,540
like this one.

1558
02:16:51,080 --> 02:16:53,880
I can't personally go on chatter to smile about you

1559
02:16:53,880 --> 02:16:55,860
when the Brownsburg Town Council regarding tip

1560
02:16:55,860 --> 02:16:57,380
and residential commercial imbalance

1561
02:16:57,830 --> 02:16:59,860
and then come here and say, but not in my backyard.

1562
02:17:00,520 --> 02:17:02,980
I got inconsistent, so I think you should allow

1563
02:17:02,980 --> 02:17:03,900
a program to proceed.

1564
02:17:04,440 --> 02:17:06,860
To be clear, I think this is bad for me and my neighbors,

1565
02:17:06,860 --> 02:17:09,460
but I think that Senate Bill 1, TIP, and the residential

1566
02:17:09,460 --> 02:17:11,160
and the mountains in our community are worse.

1567
02:17:11,760 --> 02:17:13,500
This is the lesser of four evils.

1568
02:17:14,280 --> 02:17:17,040
My neighbors have all have well-reasoned

1569
02:17:17,040 --> 02:17:19,120
the legitimate concerns of traffic, noise,

1570
02:17:19,420 --> 02:17:20,860
light pollution, and property values.

1571
02:17:21,380 --> 02:17:23,100
I hope that you listen to them and you take steps

1572
02:17:23,100 --> 02:17:24,320
to address their concerns.

1573
02:17:24,780 --> 02:17:26,320
I want to talk about something different.

1574
02:17:27,180 --> 02:17:29,880
There used to be a large grocery store on Main Street.

1575
02:17:30,220 --> 02:17:31,300
It closed in 2017.

1576
02:17:32,140 --> 02:17:34,700
Crunker bought that land and sat on it for five years,

1577
02:17:34,780 --> 02:17:36,580
before selling it to the current occupants.

1578
02:17:36,580 --> 02:17:37,680
they should be motor sports.

1579
02:17:38,480 --> 02:17:40,900
During that five years, the building site vacates and unused.

1580
02:17:41,460 --> 02:17:43,160
Crobert deliberately held that property

1581
02:17:43,160 --> 02:17:45,780
for the sole purpose of preventing any would-be competitor

1582
02:17:46,380 --> 02:17:48,260
from buying a term-keep grocery store

1583
02:17:48,260 --> 02:17:49,440
and competing against it.

1584
02:17:50,160 --> 02:17:52,560
Crobert decided that only an empty building in the middle of town

1585
02:17:52,560 --> 02:17:54,800
was better for their bottom line than the fair competition.

1586
02:17:55,640 --> 02:17:57,660
That probably made sense to a crobert accountant,

1587
02:17:58,200 --> 02:18:00,720
but the loss of a large anchor store was very hard

1588
02:18:00,720 --> 02:18:02,720
in the other small businesses on the south side

1589
02:18:02,720 --> 02:18:03,860
that depended on the traffic

1590
02:18:03,860 --> 02:18:05,520
at the back brochure store brought to the area.

1591
02:18:06,480 --> 02:18:09,760
It was an entirely legal, but purely selfish business decision

1592
02:18:09,760 --> 02:18:11,200
that curved the South Side businesses.

1593
02:18:11,820 --> 02:18:14,700
And I haven't forgotten, many of the people here tonight

1594
02:18:14,700 --> 02:18:16,360
don't want a croaker in the new location.

1595
02:18:17,060 --> 02:18:19,560
But even more than that, all of us collectively

1596
02:18:19,560 --> 02:18:22,500
don't want an abandoned croaker in that new location.

1597
02:18:22,880 --> 02:18:25,640
So it would be my hope, but if this development is approved,

1598
02:18:26,360 --> 02:18:28,300
the town government does everything in their power

1599
02:18:28,300 --> 02:18:31,620
to require croaker to either operate or sell the property

1600
02:18:31,620 --> 02:18:33,320
and the events of the store fails.

1601
02:18:34,100 --> 02:18:36,960
I wish Crobert good luck in long life on this new location,

1602
02:18:37,440 --> 02:18:39,980
but the store fails, the town's governing lobbies,

1603
02:18:40,220 --> 02:18:42,600
can't ensure it's a lot of Crobert to hold

1604
02:18:42,600 --> 02:18:45,060
the property vacant, simply to bring a quality

1605
02:18:45,060 --> 02:18:47,160
or some other competitor from bringing a foothold

1606
02:18:47,160 --> 02:18:48,980
to compete against their remaining stores.

1607
02:18:49,780 --> 02:18:51,900
Crobert has already proven the vehicle structure

1608
02:18:51,900 --> 02:18:53,940
of their landholdies to put their own interests

1609
02:18:53,940 --> 02:18:55,260
to get ahead of the communities.

1610
02:18:55,820 --> 02:18:58,880
Please take steps to ensure that they can't do that again.

1611
02:18:58,880 --> 02:19:04,900
And if you do not have the power to hold the accountable in that way, you have to vote

1612
02:19:04,900 --> 02:19:07,480
no, even though I think you're probably out of vote.

1613
02:19:11,440 --> 02:19:12,640
Eric Stemshorn?

1614
02:19:26,890 --> 02:19:28,310
I'm a registered road.

1615
02:19:29,050 --> 02:19:31,410
I live in the proper complex of sports across from this.

1616
02:19:33,270 --> 02:19:38,930
I think when these find a criteria, I think I'm in sports distance.

1617
02:19:39,270 --> 02:19:40,190
I'm incredibly low.

1618
02:19:40,990 --> 02:19:43,370
I really don't enjoy the gas station.

1619
02:19:43,830 --> 02:19:46,990
I really want to drive a gas station at all.

1620
02:19:48,130 --> 02:19:56,350
But, it's outside of browser and hasn't had a grocery store at least a decade now, and I know the part of that is kind of a crore-ers fault.

1621
02:19:58,250 --> 02:20:06,810
But, we need some kind of grocery store in that compound, and it's not the most ideal thing in this world, but I think that it would be awful.

1622
02:20:06,810 --> 02:20:12,770
Well, according to the USDA, it also knows supermarkets that are in a mile at a home, so it's going to be quite important.

1623
02:20:13,130 --> 02:20:14,530
It's almost like we don't have any diet.

1624
02:20:15,250 --> 02:20:21,010
It's true that a lot of people think it's not about the direction of town in the north or south, too.

1625
02:20:21,490 --> 02:20:25,710
Well, they haven't, but a grocery store that's, you know, it's close to people,

1626
02:20:25,870 --> 02:20:29,570
that's kind of making easier quicker and often cheaper to get fresh produce.

1627
02:20:30,370 --> 02:20:31,090
And all of the groceries.

1628
02:20:32,510 --> 02:20:39,190
The other reason is that the good expert in this location is walk building and white

1629
02:20:39,190 --> 02:20:39,490
building.

1630
02:20:39,970 --> 02:20:43,190
I used to live in my house for over a year and in front of me I used to live in white

1631
02:20:43,190 --> 02:20:43,370
building.

1632
02:20:44,290 --> 02:20:45,650
It was quite a bundle of exercise.

1633
02:20:46,010 --> 02:20:47,010
It was a necessary activity.

1634
02:20:47,570 --> 02:20:50,770
Let me fight for it as I needed it and not waste as much on the pole.

1635
02:20:51,350 --> 02:20:51,830
That one I moved.

1636
02:20:52,070 --> 02:20:52,670
It sounds like a town.

1637
02:20:53,110 --> 02:20:54,110
It definitely was only a car.

1638
02:20:55,250 --> 02:20:56,830
It's just one way to be in it.

1639
02:20:58,090 --> 02:21:05,050
The rest of the aim I've heard is very safe and the rest of the drone around me is nice, but it's pretty far from me.

1640
02:21:06,090 --> 02:21:07,150
So I usually stick to the car.

1641
02:21:07,550 --> 02:21:09,450
The book's location is right across from there.

1642
02:21:09,610 --> 02:21:10,510
I'll give you a couple more days.

1643
02:21:11,190 --> 02:21:12,510
It's only a mile from being up through now.

1644
02:21:13,910 --> 02:21:20,210
It'd be very easy to bike to aim in a few over close to the potential of watching the circuit so as well.

1645
02:21:23,470 --> 02:21:29,370
It would keep money in brownsburg, it's locations in South-East, and I don't know if it goes this way or this way.

1646
02:21:29,550 --> 02:21:34,910
I don't think, I'm not sure the only, I'm not the only one on that side.

1647
02:21:35,110 --> 02:21:39,430
I don't know if it goes the eight-long grade or three, it's just keep money in brownsburg.

1648
02:21:41,130 --> 02:21:46,010
It's also the job aspect, so it takes a lot of people to work at, I don't know, any of some work at the good home.

1649
02:21:46,010 --> 02:21:50,430
I don't know if you're going to answer it and there's a lot of scope that we're asking about the security of the day.

1650
02:21:52,450 --> 02:21:53,650
Press a good ranking level.

1651
02:21:56,970 --> 02:21:58,950
Once we're mentioning the people who have been affected.

1652
02:22:00,890 --> 02:22:03,270
I'm really going to show up this meeting on the 8th or 8th.

1653
02:22:03,270 --> 02:22:04,530
I've been here to have my hours.

1654
02:22:05,090 --> 02:22:06,930
A lot of people have been affected.

1655
02:22:09,310 --> 02:22:17,430
I'm going to suggest a reason this is not appropriate for anything that would need to be credible.

1656
02:22:18,290 --> 02:22:21,230
But as far as the reason goes, I would need a phone.

1657
02:22:23,680 --> 02:22:24,240
Thank you.

1658
02:22:25,400 --> 02:22:26,280
John Rapele.

1659
02:22:29,550 --> 02:22:34,190
Can we make sure everyone else's mics are off or getting feedback and can't have this one as loud as we need it?

1660
02:22:41,850 --> 02:22:45,070
Before you start my time, I want to tell you something is wrong with your system.

1661
02:22:45,070 --> 02:22:47,190
so I can't hear it even through the headphones.

1662
02:22:47,990 --> 02:22:49,250
So there's something wrong with the system.

1663
02:22:50,070 --> 02:22:51,610
Maybe the mic wasn't close enough.

1664
02:22:51,790 --> 02:22:53,790
Yeah, I think the mic was inadvertently turned off.

1665
02:22:54,810 --> 02:22:56,270
Green light wasn't on, okay.

1666
02:22:56,610 --> 02:22:59,210
Okay, because I couldn't hear the last four or five speakers.

1667
02:22:59,790 --> 02:23:01,030
You can start time now.

1668
02:23:01,970 --> 02:23:05,470
This is about obviously the zoning text amendment.

1669
02:23:06,310 --> 02:23:07,870
I like to keep this to zoning only.

1670
02:23:08,510 --> 02:23:10,110
All the other things we've talked about

1671
02:23:10,550 --> 02:23:13,450
are something that usually happens in the plan review

1672
02:23:13,450 --> 02:23:17,950
even so on, even though I understand why Kroger brought it here, point is we're deciding

1673
02:23:17,950 --> 02:23:23,230
what the zoning should be for this parcel, whether it be Kroger or any other commercial entity.

1674
02:23:23,850 --> 02:23:25,650
So that's really what we should focus on.

1675
02:23:26,270 --> 02:23:32,590
So a brief review of this parcel for this kind of chronologically would be that in 2010

1676
02:23:32,590 --> 02:23:38,690
this PUD was started and the diagram of that PUD did show the parcel as commercial, didn't

1677
02:23:38,690 --> 02:23:45,530
find low impact, high impact, it just said commercial and the 12th plus acre parcel was split

1678
02:23:45,530 --> 02:23:52,030
off from the larger parcel and created in 2012 and was placed in the commercial class code by

1679
02:23:52,030 --> 02:23:59,070
Henders County and the parcel has been classed and taxed accordingly as commercial vacant land.

1680
02:23:59,190 --> 02:24:03,910
Now some of this has already been discussed by staff and other people but I kind of want to review it.

1681
02:24:03,910 --> 02:24:12,030
The commercial parcel was sold by the developer in 2016 as an investment to a trust in California for over a million dollars.

1682
02:24:13,170 --> 02:24:16,790
That amount back then 10 years ago was commercial pricing.

1683
02:24:17,170 --> 02:24:19,930
They didn't buy it to just have sit-around.

1684
02:24:20,070 --> 02:24:21,750
I mean, it's commercial pricing at that time.

1685
02:24:22,390 --> 02:24:29,710
So the developer sold it to a commercial entity and the trust bought it as a commercial entity.

1686
02:24:29,930 --> 02:24:31,050
They wanted it to be commercial.

1687
02:24:31,050 --> 02:24:35,050
They paid taxes on it since that time as commercial.

1688
02:24:35,670 --> 02:24:39,030
The comp plan dated 2019 shows it commercial.

1689
02:24:39,990 --> 02:24:43,330
The future land use of 2021 shows it commercial.

1690
02:24:44,130 --> 02:24:48,370
All these things are not specifically designed, I'm going to define, but they are commercial.

1691
02:24:51,730 --> 02:24:54,050
I think this thing is more of a housekeeping thing.

1692
02:24:54,390 --> 02:25:01,070
You're just trying to clean up the paperwork so it matches the current UDO of the zoning

1693
02:25:01,070 --> 02:25:02,310
for the town of Brownsburg.

1694
02:25:02,310 --> 02:25:10,170
Now, as far as 267 goes, I lived on 267, just south of that property for 20 years.

1695
02:25:11,150 --> 02:25:17,830
From 1966 to 1986, and I knew, and it was all vacant land, both ways, just houses along

1696
02:25:17,830 --> 02:25:22,170
the 267, beyond that, nothing but farm fields.

1697
02:25:22,790 --> 02:25:28,550
All these residential developments have come in, wants to be expected to follow commercial

1698
02:25:28,550 --> 02:25:29,150
development.

1699
02:25:29,530 --> 02:25:31,190
I knew all along it was going to be commercial.

1700
02:25:31,190 --> 02:25:35,550
So this is the same thing passed right up the street into Brownsburg, of course they

1701
02:25:35,550 --> 02:25:35,870
are on.

1702
02:25:37,130 --> 02:25:43,790
And so basically on this documentation, I say this is administrative exercise for you guys

1703
02:25:44,510 --> 02:25:46,970
and it should be passed for that very reason.

1704
02:25:47,630 --> 02:25:48,050
Thank you.

1705
02:25:49,870 --> 02:25:50,590
Thank you.

1706
02:25:56,060 --> 02:25:56,860
That is all.

1707
02:25:57,580 --> 02:25:57,860
All right.

1708
02:25:58,500 --> 02:25:59,020
Thank you.

1709
02:26:02,040 --> 02:26:06,940
Would the applicant like to step up and rebutt?

1710
02:26:06,940 --> 02:26:07,760
I

1711
02:26:19,830 --> 02:26:31,830
would just like to reiterate the efforts that we are providing for buffering along the residential properties, and just reiterate that.

1712
02:26:31,850 --> 02:26:33,190
I just want to say, is the mic on?

1713
02:26:33,910 --> 02:26:34,930
It shows green.

1714
02:26:35,210 --> 02:26:36,510
Yeah, could you stay a little closer?

1715
02:26:37,010 --> 02:26:37,490
That's better, thank you.

1716
02:26:38,930 --> 02:26:48,670
And I just like to reiterate that in addition to what the code deems appropriate for residential against

1717
02:26:48,670 --> 02:27:06,190
commercial buffering we are providing that additional area on both sides that will have mature trees that are tall and have been there a while, they're pretty substantial in addition to what the code requires.

1718
02:27:07,290 --> 02:27:25,290
I'll also highlight that, I think I forgot to mention this in my answer to you, but we have reduced light pole heights since the neighborhood meeting as well, I think originally they were about 40 feet and we have lowered those to 25.

1719
02:27:27,690 --> 02:27:34,110
Also just like to hit back on the fact that couriers willing to facilitate the roadway

1720
02:27:34,110 --> 02:27:41,830
improvements that were outlined in the traffic study to alleviate any existing and future

1721
02:27:41,830 --> 02:27:43,730
traffic concerns.

1722
02:27:43,730 --> 02:27:46,310
We have a long process ahead of us.

1723
02:27:46,370 --> 02:27:53,410
We still have to go through our development plan review so we could take this back and assess

1724
02:27:53,410 --> 02:27:59,810
some things as far as the buffer is concerned but we do think we have a good proposal here to

1725
02:28:00,650 --> 02:28:06,510
shield the neighborhood and I do have Bri Ramsey with me from Kroger who'd like to say a couple of

1726
02:28:06,510 --> 02:28:06,790
things.

1727
02:28:09,370 --> 02:28:15,430
Hello again. First off I just wanted to come up to thank you all for your time as well as

1728
02:28:15,430 --> 02:28:21,950
the time of everybody here today and I wanted to make sure that you heard from me directly not just

1729
02:28:21,950 --> 02:28:25,490
that we were 97 feet off of where you're asking from.

1730
02:28:25,850 --> 02:28:37,150
So I have worked either for Kroger or Kroger adjacent as a consultant for my entire real

1731
02:28:37,150 --> 02:28:37,890
state career.

1732
02:28:38,550 --> 02:28:46,230
One of the reasons that's the case is because I believe that Kroger strives to be a good

1733
02:28:46,230 --> 02:28:47,090
corporate citizen.

1734
02:28:47,090 --> 02:28:53,230
And the way that we are going about that here is a couple ways.

1735
02:28:53,510 --> 02:28:59,710
One of the things, one fellow brought up is the question about incentives.

1736
02:29:00,710 --> 02:29:03,650
Kroger is not asking for any incentives here.

1737
02:29:03,790 --> 02:29:05,790
We are not asking for any tax abatements.

1738
02:29:08,270 --> 02:29:16,070
I understood that Brownsburg is a vibrant community and taxes are important for your schools.

1739
02:29:16,070 --> 02:29:18,470
And so we are not asking for any abatement of those.

1740
02:29:20,790 --> 02:29:28,470
The other thing that Macy commented on, and I'll just point out, is when designing this site,

1741
02:29:28,990 --> 02:29:36,990
one of the things that we tried to make sure that we could accommodate is keeping as many of the existing trees as we could.

1742
02:29:37,490 --> 02:29:44,570
So we've done a tree survey, which basically had our consultants go out and

1743
02:29:44,570 --> 02:29:47,230
and review what trees were in good condition

1744
02:29:48,270 --> 02:29:52,970
and therefore what could be saved during the development phase.

1745
02:29:54,050 --> 02:29:59,070
We did this for twofold, buffering.

1746
02:30:00,000 --> 02:30:28,480
That is a big one as well as the line of sight for the neighbors, right? And so we want to obviously we're wanting to build this neighborhood's grocery store. As part of that is working with the neighbors and meeting with them and coming away, trying to make concessions like the lowering of the lights, adding additional fencing that wasn't required.

1747
02:30:30,220 --> 02:30:37,240
and various things like that to make this their neighborhood grocery store and your new neighborhood grocery store.

1748
02:30:38,980 --> 02:30:48,140
The last thing I just want to touch on is a question that was brought up by the board, which was basically by Brownsburg.

1749
02:30:48,140 --> 02:30:57,300
why here, when why us, and Macy did a good job in explaining that, you know, part of my job

1750
02:30:57,300 --> 02:31:06,420
as a progress manager is to review neighborhoods and review trade areas to see where we should

1751
02:31:06,420 --> 02:31:14,240
go next, right? That's what I'm hired for. And Brownsburg, you're growing community. You guys are

1752
02:31:14,240 --> 02:31:18,360
We're doing a bunch of good things here, and we want to be a part of that.

1753
02:31:18,620 --> 02:31:31,160
And as part of this investment, we'll be putting $30 million into this piece of land in order to try to be that neighborhood market for you.

1754
02:31:31,480 --> 02:31:33,940
So that's all I have to say, thank you all.

1755
02:31:35,500 --> 02:31:37,120
Thank you for

1756
02:31:43,780 --> 02:31:45,600
staff and council.

1757
02:31:45,600 --> 02:31:48,740
So we did have a question about procedure.

1758
02:31:49,060 --> 02:31:50,840
Would anyone like to address that?

1759
02:31:51,340 --> 02:31:53,480
Thank you, Mr. Vice President of members of the commission.

1760
02:31:54,220 --> 02:32:00,080
In section 8.2 E1 of the UDO regarding application requirements for PUD ordinances,

1761
02:32:00,540 --> 02:32:04,420
it provides that if an application is filed by a property owner's authorized agent,

1762
02:32:04,680 --> 02:32:08,000
a consent form signed by the property owner must accompany the application.

1763
02:32:08,860 --> 02:32:12,960
Earlier this evening, Ms. Williams confirmed that consent form was received when the application was filed.

1764
02:32:12,960 --> 02:32:18,880
The required approvals for PUD ordinance amendments under Section 8.2G of the UDO provides

1765
02:32:18,880 --> 02:32:23,580
that an amendment to a PUD ordinance follows the same process as re-zones for map amendments

1766
02:32:23,580 --> 02:32:24,460
and text amendments.

1767
02:32:25,320 --> 02:32:30,840
Under Section 8.3B1 of the UDO, for amendments to planned unit development text signatures

1768
02:32:30,840 --> 02:32:37,080
of at least 50% of the owners in the sub-district or applicable area impacted by the text change

1769
02:32:37,080 --> 02:32:41,100
must be included in the application as owners authorizing the request.

1770
02:32:41,100 --> 02:32:54,080
That's similarly under section 8.1A of the UDO, proposals to amend the zoning map may be initiated by the Plan Commission, the town council, or through an application signed by property owners of at least 50% of the land involved.

1771
02:32:54,980 --> 02:33:01,380
As Miss Williams summarized in her staff report, staff determined that this is a separate sub-district and that the 50% threshold was met.

1772
02:33:02,320 --> 02:33:18,100
Finally, I'm not aware of the outreach reference in August by the first remonstrator but Ms. Williams mentioned to me this evening that perhaps the remonstrator had an incorrect email address for me based on correspondence that she saw throughout the written comments that the remonstrator had an incorrect email address to the extent that was used to attempt to reach me.

1773
02:33:18,720 --> 02:33:21,260
If staff has anything further add in that regard, I welcome your perspective.

1774
02:33:21,760 --> 02:33:22,020
Thank you.

1775
02:33:22,400 --> 02:33:22,620
All

1776
02:33:25,430 --> 02:33:26,010
right, thank you.

1777
02:33:38,930 --> 02:33:42,490
So at this point, I think we'd have any discussion with the commission.

1778
02:33:48,080 --> 02:33:55,140
Do we have a round of questions first, and is there a rebuttal allowed again for community, or is it just one round?

1779
02:33:56,220 --> 02:33:59,780
Yes, so at this point pursuant to your rules of procedure, you're at the commissioners questioning.

1780
02:34:00,300 --> 02:34:07,120
You can ask questions of staff, the applicant, other commissioners for any clarifications made by a person, or from the public.

1781
02:34:07,940 --> 02:34:11,220
And does the public get another round of rebuttal after hearing these answers?

1782
02:34:11,220 --> 02:34:14,780
No, it's just an exchange of questions. It's not necessarily a time limitation.

1783
02:34:15,440 --> 02:34:15,440
Okay.

1784
02:34:18,120 --> 02:34:20,160
Let me ask these questions for you first.

1785
02:34:20,380 --> 02:34:23,300
Let me make sure I'm not jumping ahead of where these questions should be asked.

1786
02:34:23,760 --> 02:34:29,020
There was a question of semi entry points. Is that something that is addressed in future?

1787
02:34:29,600 --> 02:34:35,900
Or would that be an applicable question in the stage of where they expect semis to enter?

1788
02:34:35,900 --> 02:35:04,600
I think that's a good question for the applicant we did discuss it at Tech Review and to the extent that they were also asked for the semis that would be entering off north field on the westernmost entrance for the supplies for Kruger that they would place signs that said beyond that point local traffic only to try to avoid any of the trucks going into the neighborhood.

1789
02:35:04,600 --> 02:35:10,400
Okay, should you think I should confirm, or are you saying you already know that the entry point is anticipated to be off Northfield?

1790
02:35:11,100 --> 02:35:11,540
Yes.

1791
02:35:13,360 --> 02:35:20,480
The money for infrastructure was asked to, are they required to make a contribution to infrastructure upgrades?

1792
02:35:21,700 --> 02:35:30,160
They're required to build and provide all the funding for the identified transportation improvements in the traffic study.

1793
02:35:30,160 --> 02:35:35,640
Okay, would anything determine later after this is approved is on the town?

1794
02:35:38,250 --> 02:35:44,390
Yeah, that's accurate just like any other subdivision or commercial property once it's on the tax rolls

1795
02:35:44,390 --> 02:35:48,530
It's the public right away for the town to maintain no matter what it is. Thanks, Sean.

1796
02:35:48,990 --> 02:35:52,070
I guess you just follow up on that. Yeah, infrastructure

1797
02:35:53,330 --> 02:36:00,610
In, you know, existing utilities different things are impacted by this development that would be the responsibility of the developer at the time of construction to

1798
02:36:01,530 --> 02:36:11,630
Yes, when they do the reviews of, you know, all of the utilities if there's something extraordinary at a lift station or anything, they would need that's on them.

1799
02:36:12,090 --> 02:36:12,750
Thank you.

1800
02:36:15,530 --> 02:36:22,950
As far as writing anything in to ensure that we don't have another vacant crowbar on our hands, I don't believe that's legal, correct?

1801
02:36:23,410 --> 02:36:42,050
I would caution the commission against getting involved with private property owners and their ability to contract relative to their real estate, to the extent that is going to be discussed, I would strongly encourage it to be one with the applicant, to the extent that they would voluntarily agree to such a restriction, but I would not unilaterally impose it at this point without further discussion.

1802
02:36:42,050 --> 02:36:49,630
Okay. Also, if the PUD is approved, can it only be a grocery store going forward without?

1803
02:36:53,910 --> 02:36:54,410
Yes.

1804
02:36:55,130 --> 02:36:57,290
Okay. And that's another PUD is approved.

1805
02:36:58,110 --> 02:37:00,430
If it's approved, it would be approved for a grocery.

1806
02:37:00,730 --> 02:37:09,910
And if something changed, they either didn't build or something happened, there'd be another PUD amendment if a different use came in.

1807
02:37:09,910 --> 02:37:14,310
Okay, discussion of wells was brought up.

1808
02:37:19,760 --> 02:37:23,860
How do we protect the residents from wells being contamination?

1809
02:37:24,300 --> 02:37:31,840
What's the typical process to ensure that a new business did not impact the health of the local wells?

1810
02:37:33,280 --> 02:37:35,340
Is that part of the SWPPP?

1811
02:37:35,640 --> 02:37:36,320
That's correct.

1812
02:37:36,780 --> 02:37:41,360
So with any development, even the subdivision, they have to do certain practices during construction.

1813
02:37:41,360 --> 02:37:47,400
And then they also have to have the water's essentially cleaner leaving than was when it arrived

1814
02:37:48,280 --> 02:37:53,780
So there's separators and things like that for the storm sewers and any any potential spills

1815
02:38:00,130 --> 02:38:01,550
Sorry, just make sure they got everything

1816
02:38:13,400 --> 02:38:14,780
I think I got everything

1817
02:38:17,640 --> 02:38:25,160
Miss Oman, do you have any additional questions for the applicant staff or now anyone who spoke mr. Cleley?

1818
02:38:25,660 --> 02:38:26,840
I have a couple items

1819
02:38:27,740 --> 02:38:32,900
This is for Elizabeth, going back to for staff, going back to the sign amendment.

1820
02:38:33,700 --> 02:38:38,020
Is this consistent with I would handle other amendments, and is this signage consistent

1821
02:38:38,020 --> 02:38:42,560
with the other Croger that was built a few years ago farther up north?

1822
02:38:45,500 --> 02:38:51,020
I can't tell you exactly, but I would tell you that I do think it's consistent with the existing Croger.

1823
02:38:51,140 --> 02:38:58,320
What makes that sign on the front edge of the building larger that is the way we calculate signs?

1824
02:38:58,320 --> 02:39:09,200
we take a rectangle around the outer limits of the sign, and because of those hooks that they have on the K and the G, it puts it beyond there.

1825
02:39:09,620 --> 02:39:13,980
We don't calculate signs by individual little squares, but if we did it would make it.

1826
02:39:14,860 --> 02:39:18,700
Okay, thank you. And then I wanted to clarify around the 50% ruling.

1827
02:39:19,120 --> 02:39:26,660
And so I just want to understand, we said a subsection, it's really just the property that is being developed is the applicable subsection.

1828
02:39:26,660 --> 02:39:33,900
And therefore, there's a single owner, so their agreement to this satisfies the 50% of my understanding that correctly.

1829
02:39:34,340 --> 02:39:34,800
Correct.

1830
02:39:35,280 --> 02:39:36,360
Okay, thank you.

1831
02:39:36,600 --> 02:39:39,900
And then my last question is, I know I asked earlier about the Masonry wall.

1832
02:39:40,260 --> 02:39:46,020
I assume that if that's a topic, if we go forward and that's a topic I'm still interested in, that could be addressed later.

1833
02:39:46,180 --> 02:39:46,400
Correct?

1834
02:39:46,960 --> 02:39:48,160
That's part of the development plan.

1835
02:39:48,320 --> 02:39:52,240
There would be another opportunity during the development plan if this were to be approved.

1836
02:39:52,700 --> 02:39:53,640
Okay, thank you.

1837
02:39:55,420 --> 02:39:56,220
Anything additional?

1838
02:39:56,500 --> 02:39:58,800
A couple other things, just notes, comments.

1839
02:39:59,760 --> 02:40:01,300
So one, we don't have it.

1840
02:40:01,360 --> 02:40:06,680
None of the other grocery stations, grocery stores, are in a local commercial zoned area.

1841
02:40:08,200 --> 02:40:14,860
Two, careful what you wish for, because some is going to get built here, and we've seen this before where something bad is coming back after this too.

1842
02:40:15,000 --> 02:40:18,920
So, not only the other thing, another point that everybody has crowdies to understand too.

1843
02:40:19,840 --> 02:40:24,100
We're going to send a recommendation, the town council can't overrule that recommendation.

1844
02:40:24,100 --> 02:40:26,940
as we saw in the last week's council meeting.

1845
02:40:27,320 --> 02:40:32,280
So you need to understand that that is something you need to pay as much attention to as tonight's meeting.

1846
02:40:32,680 --> 02:40:34,300
So thank you.

1847
02:40:35,360 --> 02:40:35,860
Mr. Domin.

1848
02:40:36,880 --> 02:40:43,040
This was for the applicant, and I think Mrs. Ramsey, you mentioned that a tree survey was done.

1849
02:40:43,740 --> 02:40:49,920
Do you know how many trees were going to survive the number?

1850
02:41:11,720 --> 02:41:12,320
Okay,

1851
02:41:16,100 --> 02:41:25,140
we surveyed approximately 300 and based on our estimate, just sitting back there, we believe approximately 100 will be staying.

1852
02:41:25,780 --> 02:41:29,900
Okay, and none of those are going to take the place of the required.

1853
02:41:30,380 --> 02:41:32,540
No, and then we're adding the required traces.

1854
02:41:32,540 --> 02:41:40,180
Yeah. Yeah. Then also I think you guys mentioned that you were going to maintain the

1855
02:41:40,180 --> 02:41:49,920
Heritage Hill signage for the subdivision. So there's a existing fence there and we're

1856
02:41:49,920 --> 02:41:56,760
keeping as much of that as we can in order to but we have to cut some of it down to allow for

1857
02:41:56,760 --> 02:42:02,960
sight triangles. As for the sign, I need double check with Macy on that, but there we go,

1858
02:42:03,160 --> 02:42:03,520
perfect.

1859
02:42:06,520 --> 02:42:15,580
As part of the fence aesthetic, I suppose there is a, I think it's like kind of like a

1860
02:42:15,580 --> 02:42:25,080
masonry wall entrance sign at the corner of green in Northfield. That's attached to that

1861
02:42:25,080 --> 02:42:29,280
Fencing that I think we're looking to maintain it will stay

1862
02:42:32,200 --> 02:42:42,180
had you discussed that with the homeowners association to see if they wanted that sign there or if it could be moved down to where their streets are

1863
02:42:43,500 --> 02:42:49,380
We didn't ask that in the neighborhood meeting. I believe the fence was brought up

1864
02:42:50,320 --> 02:42:52,940
You know at least one question during that meeting

1865
02:42:52,940 --> 02:43:01,740
And we said that we were going to try and keep as much as possible and out of that we kept more, basically.

1866
02:43:01,960 --> 02:43:05,640
But we did not speak to the science specifically or if they would like it moved.

1867
02:43:06,200 --> 02:43:10,300
I would just think moving it further down past the Kroger.

1868
02:43:11,160 --> 02:43:18,100
I mean, whether they want to keep that one or not, but then people would know of now you're entering into a subdivision.

1869
02:43:18,100 --> 02:43:19,000
I

1870
02:43:24,210 --> 02:43:31,430
have a question on the tree survey, has that been submitted to the town and if not could

1871
02:43:31,430 --> 02:43:36,470
a copy of that be submitted in time for the town council meeting when this comes up again?

1872
02:43:36,730 --> 02:43:39,490
Yes, it was not submitted but we can.

1873
02:43:39,850 --> 02:43:40,010
Okay.

1874
02:43:40,210 --> 02:43:45,310
I think it'd be helpful to see, you know, specifically for residents which trees would be stained and

1875
02:43:45,310 --> 02:43:45,590
going.

1876
02:43:45,890 --> 02:43:49,670
I think we can maybe get that exact number of trees too.

1877
02:43:50,270 --> 02:43:50,870
That'd be good information.

1878
02:43:51,150 --> 02:43:51,350
Thank you.

1879
02:43:51,350 --> 02:44:04,110
I don't go far, but I think speaking to the entrance that whole area is what that signs for work is that road was designed to connect to the other north field drive eventually.

1880
02:44:05,450 --> 02:44:09,430
So it will be our own little 465 one day.

1881
02:44:10,890 --> 02:44:11,670
Thank you.

1882
02:44:13,030 --> 02:44:14,870
I gave Jeff a hard time earlier.

1883
02:44:15,890 --> 02:44:18,610
Mr. Dorman, you have any other questions or comments?

1884
02:44:20,770 --> 02:44:21,630
The fence?

1885
02:44:22,130 --> 02:44:22,330
Yes.

1886
02:44:22,550 --> 02:44:23,410
The privacy fence.

1887
02:44:23,710 --> 02:44:28,170
Is there any willingness to extend that along the Western boundary?

1888
02:44:28,350 --> 02:44:29,690
I know you've already done it further.

1889
02:44:31,690 --> 02:44:40,710
Yeah, I mean, to your point, we have extended it further based on conversations with the neighbors as well as staff.

1890
02:44:40,710 --> 02:44:47,970
And I think that it's part of the development plan approval process that we'll have to go through that is something that we could discuss for sure

1891
02:44:47,970 --> 02:44:53,430
So that could be discussed further maybe not even continuous, but maybe to protect the other owners view

1892
02:44:53,430 --> 02:44:59,810
Are you talking about the south sorry just to clarify the south elevation or the west yes next

1893
02:45:01,860 --> 02:45:02,380
Okay.

1894
02:45:06,980 --> 02:45:16,600
I think I already know the answer to this is the whole parking lot going to be curbed on the south side also for stormwater retention and capture. Yes. Okay.

1895
02:45:26,740 --> 02:45:37,080
The rest are just kind of comments. Similar to Mr. Humphries. I already spoke about Norfield Drive going all the way around eventually. So that is a not necessarily a neighborhood street.

1896
02:45:42,310 --> 02:45:50,360
I'd like to speak to the park comment in the UDO, excuse me, that the PD, the neighborhood

1897
02:45:50,360 --> 02:45:56,860
supposed to maintain hundreds of makers of park land that were sold at tax sale.

1898
02:45:57,580 --> 02:46:01,620
So obviously it was not important to keep it so I'm not sure that argument for the park

1899
02:46:01,620 --> 02:46:03,740
is relevant for this parcel.

1900
02:46:10,500 --> 02:46:13,980
Tax exempt, what was that note for?

1901
02:46:15,260 --> 02:46:20,200
I should say open space, not Parkland, but it was required by their 2010 documentation

1902
02:46:20,200 --> 02:46:25,080
that 110 acres be reserved as open space by the HOA, and

1903
02:46:27,800 --> 02:46:29,480
that is all that I have at the

1904
02:46:29,480 --> 02:46:29,720
moment.

1905
02:46:32,320 --> 02:46:32,460
All right.

1906
02:46:32,580 --> 02:46:32,800
Thank you.

1907
02:46:32,880 --> 02:46:34,880
I don't have any questions remaining for the applicant.

1908
02:46:35,040 --> 02:46:35,240
Thank you.

1909
02:46:35,440 --> 02:46:35,700
Thank you.

1910
02:46:37,100 --> 02:46:41,460
I think at this time, I think, probably discussion among the commission.

1911
02:46:45,280 --> 02:46:52,260
Mr. Honest President, just to confirm, as you're discussing one thing that I think we would like some clarification on to the extent of motion is brought forward.

1912
02:46:53,300 --> 02:47:03,220
No matter which side that is, if it is one to send a favorable recommendation on either the text and or the map, to make sure that the commitments that you're going to require are very clear.

1913
02:47:03,220 --> 02:47:07,100
We have a few notes, but just wanted to mention that before you actually get to a motion.

1914
02:47:08,620 --> 02:47:09,960
That was one of my questions.

1915
02:47:10,180 --> 02:47:15,220
So if we could maybe run through that current list, because the items I had were just what

1916
02:47:15,220 --> 02:47:20,480
Mr. Pat's brought up about extending the fence and then getting the tree survey submitted.

1917
02:47:21,760 --> 02:47:26,860
I think they should be attached to both the map amendment and the text amendment.

1918
02:47:30,800 --> 02:47:33,640
Yeah, so if we can just go through those for the record.

1919
02:47:33,640 --> 02:47:37,500
If you go through the current list that you have and we can discuss.

1920
02:47:38,080 --> 02:47:43,740
What I have if the applicant agrees is the hours of operation that they stated from

1921
02:47:43,740 --> 02:47:51,900
six to ten and moving the fence, which we will address during development plan review to

1922
02:47:51,900 --> 02:47:57,060
the top of the embankment on both the south and the west sides,

1923
02:48:00,380 --> 02:48:01,660
that's what I have.

1924
02:48:04,200 --> 02:48:04,600
Okay,

1925
02:48:06,920 --> 02:48:21,660
I guess for clarification, maybe from the applicant, the business hours would typically be 6 to 10, but, you know, typically, gas, you know, are 24-7. I guess you could speak to that, please.

1926
02:48:28,820 --> 02:48:30,160
Should have gotten a seat at the front.

1927
02:48:32,180 --> 02:48:42,240
Yes, so normally our fuel centers operate manned hours, 6 to 10, and then 24-7 with overnight

1928
02:48:42,240 --> 02:48:43,460
card-only uses.

1929
02:48:44,100 --> 02:48:55,100
I will say that if there's a condition that modifies that card sales, then that could

1930
02:48:55,100 --> 02:48:57,280
be something that could be agreed to.

1931
02:48:58,560 --> 02:49:07,160
Okay, so you're open to the the man's hours of 6 to 10 and would discuss the 24, 7 card hours.

1932
02:49:07,400 --> 02:49:08,820
Yes, thank you.

1933
02:49:08,860 --> 02:49:08,980
Yep.

1934
02:49:09,400 --> 02:49:10,420
I'll stay up here this time.

1935
02:49:10,600 --> 02:49:10,720
Okay.

1936
02:49:16,390 --> 02:49:18,670
Mr. Humphries, anything you'd like to discuss?

1937
02:49:19,370 --> 02:49:19,450
Yeah.

1938
02:49:20,990 --> 02:49:31,350
I just the reason why we have differences zoning and criterion for those is because we want different things at different places, obviously.

1939
02:49:31,350 --> 02:49:39,350
And I feel to see that local commercial is intent was for this large of

1940
02:49:39,350 --> 02:49:43,890
a grocery store, a smaller one maybe, one that would be able to be on the road and

1941
02:49:43,890 --> 02:49:46,910
have the parking of the back so you don't have as much impact to the residential

1942
02:49:46,910 --> 02:49:52,890
behind it. Those kind of things make sense to me why this was zoned differently than

1943
02:49:52,890 --> 02:49:58,150
other properties that we have the same type of grocery store that. So that's the

1944
02:49:58,150 --> 02:50:09,290
The one that I had the hardest time getting passed is there certainly was an intent for the zoning and the comp plan on this and this does not feel like a fit for that for that zoning.

1945
02:50:09,710 --> 02:50:15,850
So that's the one that sticks out glaringly to me the most anytime we put in a business, it's going to have impact to the neighbors.

1946
02:50:16,770 --> 02:50:25,570
A lot of those can be addressed through requirements such as we're going over now, but that one seems to be the one that you can't overcome because that building is not getting smaller.

1947
02:50:26,590 --> 02:50:55,430
Yeah, I'd say I share the same concerns kind of looking at should this be if we look at a zoning should it be C3 or C2, I do think C2 fits better, which going by this being a grocery store large is permitted in the C2, but if you look at retail, that's capped out at 50,000 square feet but there is as you've mentioned earlier, you know, this may not be preferred, but something.

1948
02:50:55,430 --> 02:51:09,290
I mean, else could come in and I think, you know, as a comprehensive plan shows, this is a commercial property, I think it, the question really becomes is this the intensity that should be a wild on it.

1949
02:51:09,390 --> 02:51:10,970
That's kind of the question that I have.

1950
02:51:11,810 --> 02:51:15,390
This would be any other commissioners having any other items to address.

1951
02:51:15,390 --> 02:51:20,650
We had so much call for our grocery store on the south side and here we are with this.

1952
02:51:20,930 --> 02:51:24,790
So it's interesting how that has changed and such a short amount of time.

1953
02:51:25,470 --> 02:51:29,190
Well, I think the town has grown since 2010 and the need.

1954
02:51:30,270 --> 02:51:36,090
We are, we keep complaining about all the traffic that keeps head north.

1955
02:51:36,090 --> 02:51:42,890
Here's an opportunity to help that with providing a grocery store on the south side

1956
02:51:44,470 --> 02:51:51,410
You know, we say oh, well we gave them myer. Well myers on the northeast side of town. I

1957
02:51:51,410 --> 02:51:53,910
Mean it's not the south side. We're losing all these

1958
02:51:54,630 --> 02:51:55,730
commercial dollars to

1959
02:51:55,730 --> 02:51:57,830
quite please

1960
02:51:57,830 --> 02:52:03,250
I mean if I'm in the south side of Brownsburg, I'm heading to Avon

1961
02:52:03,870 --> 02:52:04,670
you know

1962
02:52:04,670 --> 02:52:07,290
Well, why are we not capturing that?

1963
02:52:08,230 --> 02:52:20,170
I will say that Wal-Mart has brought a property at the intersection of 2.67 and 300 for a neighborhood store.

1964
02:52:20,830 --> 02:52:24,150
But they haven't brought anything to the town yet.

1965
02:52:27,340 --> 02:52:30,720
If two stores are looking, then that means there's got to be the need.

1966
02:52:31,320 --> 02:52:39,640
Yeah, and just for clear for confirmation, I believe the property mishomans referring to is currently zone C3.

1967
02:52:42,210 --> 02:52:43,050
I can look it up.

1968
02:52:43,570 --> 02:52:45,510
Yeah, let him look it up. I'm not sure.

1969
02:52:56,150 --> 02:52:57,730
Yes, it's zone to C3.

1970
02:52:58,790 --> 02:52:59,390
Thank you.

1971
02:53:05,110 --> 02:53:07,490
Is there any additional discussion?

1972
02:53:08,930 --> 02:53:12,890
I recognize the concerns of the residents and what we have up here.

1973
02:53:13,290 --> 02:53:19,100
And we all know that the people that are happy with what we're doing aren't here.

1974
02:53:19,100 --> 02:53:32,900
So that's 30,000 people, we've got 350, I don't know what that percentage is but it's I mean I think I think you and I know that the people that are happy are aren't coming.

1975
02:53:40,820 --> 02:53:44,780
If there's no other discussion, I'll entertain a motion.

1976
02:53:46,480 --> 02:53:49,520
No, we have to vote on two different things, right?

1977
02:53:49,720 --> 02:53:50,180
Correct.

1978
02:53:50,520 --> 02:53:51,080
Thank you.

1979
02:53:52,900 --> 02:53:54,940
Does the order...

1980
02:53:54,940 --> 02:53:55,100
You're

1981
02:53:59,100 --> 02:54:00,960
going to have two separate votes.

1982
02:54:00,960 --> 02:54:04,740
The first is going to be on PCZT-26-2.

1983
02:54:05,540 --> 02:54:06,840
That's the zoning text amendment.

1984
02:54:11,190 --> 02:54:11,770
All right, thank you.

1985
02:54:13,870 --> 02:54:18,230
All right, is there a motion for PCZT-26-2

1986
02:54:18,750 --> 02:54:20,130
Kroger zoning text amendment?

1987
02:54:20,130 --> 02:54:21,250
Mr.

1988
02:54:30,260 --> 02:54:40,460
Miller, I would like to propose a unfavorable recommendation for PCZT-26-2, zoning tax amendment.

1989
02:54:43,150 --> 02:54:47,030
Typically provide a criteria for an unfavorable recommendation.

1990
02:54:47,490 --> 02:54:50,170
It was a criteria one, was a comp plan.

1991
02:54:50,870 --> 02:54:54,590
I don't feel it meets the comprehensive plan.

1992
02:54:55,150 --> 02:54:57,290
What was intended for local commercial.

1993
02:55:02,520 --> 02:55:02,840
Second.

1994
02:55:02,840 --> 02:55:13,800
And we have a motion for an unfavorable recommendation for PC, ZT-26-2, Kroger, Zoning Text Amendment.

1995
02:55:15,080 --> 02:55:24,700
All those in favourable, in favour of an unfavorable recommendation, please state I, I, those opposed with nay.

1996
02:55:25,020 --> 02:55:25,440
Nay.

1997
02:55:25,940 --> 02:55:27,240
All right, roll call, Ms. Homan.

1998
02:55:28,340 --> 02:55:29,280
In favourable?

1999
02:55:30,220 --> 02:55:31,020
Unfavorable.

2000
02:55:31,440 --> 02:55:32,240
Unfavorable.

2001
02:55:32,240 --> 02:55:33,560
Unfavorable.

2002
02:55:36,300 --> 02:55:38,060
Sorry, let's redo that.

2003
02:55:38,700 --> 02:55:41,780
Are you in favor of an unfavorable recommendation?

2004
02:55:44,080 --> 02:55:45,220
In favor.

2005
02:55:46,420 --> 02:55:47,420
In favor.

2006
02:55:47,900 --> 02:55:48,360
In favor.

2007
02:55:48,700 --> 02:55:49,200
In favor.

2008
02:55:49,680 --> 02:55:50,240
Opposed.

2009
02:55:50,780 --> 02:55:51,240
Opposed.

2010
02:55:51,660 --> 02:55:52,260
Thank you.

2011
02:55:52,380 --> 02:55:59,340
So we have a vote of 4-2 for an unfavorable recommendation for PCZT-26-2, Kroger's

2012
02:55:59,340 --> 02:56:07,200
Do we have a motion for PCMA-26-4, Kroger-Rizone?

2013
02:56:08,120 --> 02:56:15,580
Commissioner, I would like to make an unfavorable recommendation for PCMA-26-4, the Rizone.

2014
02:56:16,480 --> 02:56:17,120
Second.

2015
02:56:17,680 --> 02:56:18,640
Same criteria.

2016
02:56:19,060 --> 02:56:19,480
Same criteria.

2017
02:56:19,820 --> 02:56:20,020
Thank you.

2018
02:56:20,440 --> 02:56:27,840
All right, we have a motion and a second for an unfavorable recommendation for PCMA-26-4, Kroger-Rizone.

2019
02:56:27,840 --> 02:56:34,240
And all those unfavorable recommendations, please state aye.

2020
02:56:36,540 --> 02:56:37,800
Those opposed with nay?

2021
02:56:38,240 --> 02:56:38,520
Aye.

2022
02:56:39,460 --> 02:56:39,820
Roll call.

2023
02:56:40,140 --> 02:56:41,660
Ms. Homan, are you unfavorable?

2024
02:56:41,660 --> 02:56:43,240
In favor.

2025
02:56:43,480 --> 02:56:44,000
In favor.

2026
02:56:44,300 --> 02:56:44,880
In favor.

2027
02:56:45,160 --> 02:56:45,700
Opposed.

2028
02:56:46,000 --> 02:56:46,220
Opposed.

2029
02:56:46,720 --> 02:56:47,180
Thank you.

2030
02:56:47,360 --> 02:56:54,740
We have unfavorable recommendations by vote of 4 to 2 for PCMA-26-4.

2031
02:56:59,300 --> 02:57:04,600
I will now close the public hearing at the time of 903.

2032
02:57:21,540 --> 02:57:21,640
All right.

2033
02:57:21,740 --> 02:57:23,340
Next item is new public hearings.

2034
02:57:23,620 --> 02:57:24,040
We have none.

2035
02:57:25,280 --> 02:57:26,900
Communication and committee reports.

2036
02:57:27,100 --> 02:57:27,460
We have none.

2037
02:57:28,000 --> 02:57:28,760
Miscellaneous business.

2038
02:57:29,020 --> 02:57:29,560
We have none.

2039
02:57:30,260 --> 02:57:31,260
Administrative filings.

2040
02:57:31,280 --> 02:57:31,940
We have none.

2041
02:57:32,460 --> 02:57:34,240
Cases filed for future meetings.

2042
02:57:36,660 --> 02:57:39,220
So we have three cases filed for next month.

2043
02:57:39,220 --> 02:57:43,760
plus the Lions Transincorporated that was continued this evening.

2044
02:57:44,860 --> 02:57:51,200
The first being PCMA 26-5, it's for Woodland Reserve, Fisher Alms is wanting to re-zone

2045
02:57:51,200 --> 02:57:54,840
institutional zone land to R2 for a single family subdivision.

2046
02:57:55,180 --> 02:57:58,920
This is just east of the Calvary Christian Church on Northfield Drive.

2047
02:58:00,720 --> 02:58:04,860
Then PCVA 26-3 is the Arcanoff Street Vacation.

2048
02:58:05,360 --> 02:58:09,100
The track to the south will be vacated and the track to the east will be dedicated right

2049
02:58:09,100 --> 02:58:12,660
right away. This is at the corner of Enderly and Grant Street.

2050
02:58:13,660 --> 02:58:17,480
And then finally we have CPSP, 26-10.

2051
02:58:17,900 --> 02:58:21,380
It's for Arburn Ridge, West, Section 1, the Secondary Plot.

2052
02:58:21,660 --> 02:58:25,780
This will have 34 of the ADA approved lots shown for Section 1.

2053
02:58:25,960 --> 02:58:29,600
More Secondary Plots will follow in the future to accommodate the rest of the lots.

2054
02:58:30,060 --> 02:58:33,040
This is over on 450 North and 500 East.

2055
02:58:36,800 --> 02:58:38,500
All right, thank you. Do we have anything else for today?

2056
02:58:39,920 --> 02:58:44,460
We have a motion for adjournment.

2057
02:58:44,660 --> 02:58:45,660
So, film moved.

2058
02:58:46,100 --> 02:58:46,340
Thank you.

2059
02:58:48,800 --> 02:58:49,500
We're adjourned.