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Event transcript
It is five o'clock 5. 00:00:00
501 actually by by my clock. 00:00:02
I'd like to go ahead and call tonight. 00:00:05
Meaning of the Floyd County Board of Zoning appeals to order. 00:00:08
It is Monday evening, January 12, 2026. 00:00:12
Hopefully those of you are here this evening are all here for this meeting. 00:00:15
And if not? 00:00:19
I don't really know where else you're supposed to be, but we're glad you're here and we're gonna. 00:00:20
We're going to get on to. 00:00:24
Our agenda We'll start with roll call. 00:00:26
Here. 00:00:32
Here. 00:00:34
Here. 00:00:40
Here Umm. 00:00:41
OK. Thank you. SO. 00:00:42
For those of you that are on the agenda this evening, I will let you know that when we do not have a full board. 00:00:44
You do have the option. 00:00:49
If you would like to. 00:00:51
Table your agenda items until such time as we do have a full board. 00:00:52
That is your. 00:00:57
You're right, an opportunity. So if you'd like to do that, let us know. 00:00:59
Otherwise, unless we hear that from you, we'll carry on as as scheduled. 00:01:02
But the first thing we want to do this evening is since it is the first meeting of the new year. 00:01:08
We are going to conduct our election of officers and for that purpose I'm going to turn the. 00:01:13
The meaning Over to Christy Fox, our attorney. 00:01:18
And let her. 00:01:21
Take over that. 00:01:23
OK, perfect. So you guys will be looking at appointing a President, a Vice President. So the first order of business will be? 00:01:24
A motion for president. 00:01:30
I make a motion. Rick Fox. 00:01:33
Is our president from Rick Fox. 00:01:35
Where am I? 00:01:38
Bill White, I'm looking right at you and I think your dad. 00:01:39
Bill White, I'm sorry. OK, We have a motion for Bill White as president. Do we have a 2nd? I'll second. 00:01:42
OK, we have a second all those in favor. 00:01:48
Aye, any opposed? 00:01:50
OK, Bill, you're the president. 00:01:52
OK, so. 00:01:53
With that, I guess I'll take back over. So our next position that we have to. 00:01:56
Elect this evening is our Vice President, so I would entertain a motion for. 00:02:01
Who will serve as our Vice President for this year? 00:02:05
Are you interested? 00:02:11
And being the vice president, Scott. 00:02:13
Sure. 00:02:15
I'm nominate Scott. 00:02:16
Be the vice president. 00:02:17
OK. We have a motion for Scott Whelan to be our Vice President. Do we have a second? 00:02:19
I'll second motion, second all those in favor signify by saying aye aye. 00:02:23
Congratulations, Scott. 00:02:28
I guess I I could give you a chance to vote against yourself. 00:02:29
OK. So thank you folks for indulging us with that piece of business. Before we get going moving on with our agenda tonight, we're 00:02:34
going to. 00:02:38
Get into the minutes. The minutes of our last meeting were circulated in advance. Hopefully everyone had an opportunity to review 00:02:43
those. 00:02:47
And I would entertain any. 00:02:50
Comments, corrections, edits, or additions. 00:02:53
Any comments roll call we need to change? 00:02:57
Christopher, Rick. 00:03:00
Did they say I'm sorry? 00:03:05
Where's that? OK, so on the December meeting minutes, it reflects Rick Fox and I was here in attendance. Thank you for question 00:03:10
that. 00:03:13
Good catch. 00:03:20
Any other things? 00:03:23
I'll make a motion to approve. 00:03:25
OK, we have a motion. Do we have a second? 00:03:26
Second, all those in favor signify by saying aye aye. 00:03:28
And the minutes are passed with the edit as presented. 00:03:32
OK. Looking at our agenda for the evening, we do not have any old business that I'm aware of to come before the Board. 00:03:36
So we will move right into new business this evening. 00:03:42
And before we get started, one thing that we would like to do just for the public's benefit, so you can understand how we operate. 00:03:46
Is I like to ask. 00:03:52
Christy Fox. 00:03:54
Briefly go over. 00:03:56
The the flow of the meeting, how we conduct. 00:03:59
The the affairs here. 00:04:03
So that you'll understand that if you're here to speak in favor or against. 00:04:05
Or if you're the applicant, you'll understand how we how we run the meetings. So Christine, of course. 00:04:09
Of course. So just kind of overview of the procedure in the order for the public hearings that we conduct before this Board, the 00:04:15
1st. 00:04:19
Piece is for the chairman and president to read the agenda docket item alongside the information listed on the agenda. So that's 00:04:23
the calling of that agenda item. 00:04:28
The next would be for the staff to present their staff report. 00:04:33
And compliance with any. 00:04:38
Items necessary for that agenda item. 00:04:40
After that, the petitioner is called for the applicant. 00:04:43
For the agenda item and petitioners called forward and allowed to have 10 minutes to present their application and their request 00:04:47
to the board. 00:04:50
And. 00:04:54
Thereafter, the board members can ask the petitioners questions if they have any at that point in time. 00:04:55
The next piece that we go into are the public comments which get opened up. 00:05:00
Though we will allow for those in favor. 00:05:04
Of the agenda item to speak first, they will have 10 minutes. It's not 10 minutes per person. That is 10 minutes total for all 00:05:07
those in favor. 00:05:11
Of the agenda item. 00:05:15
After that, we moved to those. 00:05:17
People that are in opposition of the agenda item. Again, there's 10 minutes total for all people in opposition, not 10 minutes per 00:05:19
speaker. 00:05:23
And so they get an opportunity to speak after both. 00:05:27
Those in favor and those in opposition are given the opportunity in their 10 minute portions. 00:05:30
The public comments portion of the meeting is closed. That does not get reopened. 00:05:35
Thereafter, the petitioner and the applicant has an opportunity to come back up and respond to any public comments that occur. 00:05:40
That is a 5 minute time period for the petitioner to do that. 00:05:47
After that period of time and if any other questions. 00:05:51
Are requested of the board. The board can ask questions of staff or the petitioner at that point in time. They will then discuss 00:05:54
the case. 00:05:58
A motion or a ballot is called for and brought forward by one of the board members, and then the board takes a vote on that 00:06:02
ballot. 00:06:05
And then that closes that agenda item. 00:06:10
OK. Thank you, Christy. 00:06:13
So moving into our new business this evening. 00:06:15
Tonight's agenda? 00:06:19
We have 5 items on the agenda this evening, all of them related to the same applicant So. 00:06:21
In the interest of time and efficiency, I'm going to ask. 00:06:28
If the applicant. 00:06:33
Is or their representative who may be here this evening if they are OK. 00:06:34
With. 00:06:38
When staff presents their findings, if they cover. 00:06:39
Everything at once. 00:06:43
But then we will go through and vote on each individual item individually. 00:06:45
That way it it it allows us to move through in a in a more efficient manner. Is the applicant here? 00:06:49
Or their. 00:06:56
Yes, good evening. I'm John Campbell with Heritage Engineering. 00:06:58
And yes, we are OK with that. 00:07:02
Format. Thank you, Mr. Campbell. OK. 00:07:04
OK, Billy wanted you to get him on record. He wants to continue. 00:07:07
With the shortboard. 00:07:10
Oh yes. 00:07:12
Sorry. Thank you, Scott. 00:07:14
You heard us say earlier that without a full board, we do have quorum. 00:07:16
But in the event any of your agenda items this evening do not pass. 00:07:20
Then you don't have the opportunity to come back. I believe it's for a year, is that correct? 00:07:24
So if you would. 00:07:29
Would be inclined to delay until we had a full board. That's that's your prerogative. But if not we can move on to schedule. 00:07:30
Yeah, and let me defer to the actual. 00:07:35
Developer of the project, The Kroger Company. And just so they understand, without a full board, all voting members have to be in 00:07:38
support. 00:07:42
Court it's it requires 3. 00:07:46
Three of the members to be in support you just. 00:07:49
Your short 1 member so. 00:07:51
Continue. 00:07:54
Yeah, we're good to continue. 00:07:56
Thank you. 00:07:58
OK, moving right along, we're going to ask Nick Creeby to come forward and share the staff reports and summary. 00:07:59
And then we'll move into each of these individually. 00:08:05
All right, So this will be for docket numbers FC 12253738. 00:08:08
39. 00:08:17
40. 00:08:18
And 41 those are 4 development standard variances and a conditional use application. 00:08:19
The requests regard the property, which is vacant land behind the current JC Food Store between Hwy. 150 and Shriver Rd. 00:08:28
The current zoning district is a PUD RU based zoned. 00:08:38
They will be requesting a general commercial. 00:08:43
And this is in the Highlander Point Overlay district. 00:08:46
The petitioner is JC Food Stores. 00:08:50
Care of the Kroger Company. 00:08:53
The applicant is proposing the development of the property of the three lots to include a grocery or shop, shopping center, fuel 00:08:57
station and a lot dedicated for detention. 00:09:02
Lot A will be 13.9 acres. 00:09:08
B14 point 49 acres and C will be 1.1. 00:09:11
One Acres. 00:09:15
Lot A will be the site where the. 00:09:16
Shopping center. 00:09:19
122,000 Square Feet Marketplace will be located. 00:09:20
Lot B will be the detention center and Lot C will be the side of. 00:09:25
Proposed fuel station, which will include nine pumps. 00:09:29
A lot A&C will be separated by a proposed connector Rd. connecting from Schreiber Road to Hwy. 1. 00:09:33
50 with traffic signal. 00:09:39
A traffic impact study including the project was conducted by Strand for this project and other projects in the area. 00:09:42
The design for the limited access break. 00:09:50
Has been approved by INDOT. 00:09:52
Final approval will come once the design of the intersection is complete, which is a federally funded project. 00:09:55
The county is undertaking in. 00:10:02
We have. 00:10:04
Begun the preliminary engineering of that project. 00:10:05
Technical review committee was conducted. 00:10:10
Conducted for this application as well as the other applications on 10/23/25. 00:10:12
And a plaque committee was likewise held on December 16th, 25 for this project. 00:10:20
The applicant here is requesting several development standards variances. 00:10:26
Primarily focused on the lot A the shopping center, but also applicable to plot C in some cases. 00:10:30
For this application FC-37. 00:10:39
The applicant is requesting A variance to allow less than the required 30% transparent building materials for the front facade and 00:10:44
a commercial zoning district in the overlay zone. 00:10:49
Section at 8 point that's. 00:10:57
Pertaining to section 8.06, E 1. 00:10:59
Of the zoning ordinance, which requires a minimum of 30 foot 30%. 00:11:02
Of the front facade on the ground floor to be transparent material. 00:11:07
Consisting of windows or door openings. 00:11:12
The proposed transparency percentage is 19.18%. 00:11:15
Of the building frontage facing the new connector Rd. 00:11:21
Structure is a single story with 28 foot floor. It's a top. 00:11:24
Of masonry and Max height. Additionally there are parapets at the entrance that extend. 00:11:30
238 feet high. 00:11:35
The staff finds that the approval will not be injurious to the public. Health, safety, morals in general, welfare, welfare of the 00:11:37
community. 00:11:42
The reduction in transparency will not impact public health as the. 00:11:46
Structure will be building code requirements. 00:11:50
The proposal offers substantial transparency at ground level and human scale. 00:11:52
The transparency requirement is primarily an aesthetic standard to improve value and sense of place. 00:11:57
The use and value of the area adjacent to the property, including the variance, will not be affected in a substantially adverse 00:12:04
manner. 00:12:08
Neighboring properties will not be impacted by the percentage of transparency on the proposed structure. It will not create hazard 00:12:12
or nuisance. 00:12:16
The building does. 00:12:20
Does provide substantial transparency at ground level, with the percentages skewed due to the height of the first story. 00:12:21
Additionally, the proposal includes a number of architectural design features to enhance the buildings appearance. 00:12:28
As a result, it's not expected to significantly impact value. 00:12:35
The strict application of the terms of the zoning ordinance will result in practical. 00:12:40
Difficulties in the use of the property. 00:12:44
The use of the structure requires significant stockroom and shelving space for product placement at long exterior walls. 00:12:47
Transparent materials will limit the ability to use the structure for this. 00:12:53
It is not near a airstrip. 00:12:59
And so. 00:13:03
Item 4. 00:13:04
Of Indiana code 8. 00:13:05
2110 pertaining to that code is. 00:13:07
That's not Robert. 00:13:10
For the next request. 00:13:14
FC38. 00:13:16
For this application the. 00:13:18
Applicants requesting to allow parking to be located beyond 60 feet of the entrance. 00:13:20
End of pedestrian amenities. The zoning Ordinance Code section for this. 00:13:26
Is 5.53 A? 00:13:32
If any parking spaces are located further than 60 feet from the primary entrance, a pedestrian connection from the furthest parts 00:13:35
parking space to the primary entrance shall be provided. 00:13:41
Sebrideck pedestrian connection shall be at least 5 feet width and separated from vehicular traffic through curbing, landscaping, 00:13:47
or similar treatment. 00:13:51
Historically, this has been interpreted by staff that. 00:13:57
Parking must be within 60 feet of entrance or 60 feet of a pedestrian amenity to the entrance. 00:14:00
The proposal for a does include two sidewalk walks traversing the primary parking lot, which provides access to the entrance. 00:14:07
But there are parking spaces protect, particularly in the center of the parking lot and on the perimeter, that are still greater 00:14:16
than 60 feet. 00:14:19
Staff finds that the. 00:14:24
Variance approval will not be interest to the public health, safety, morals, and general welfare of the community. Sidewalks are 00:14:26
provided throughout the development that assists for the. 00:14:30
Pedestrians to. 00:14:35
Avoid conflicts with vehicles. 00:14:36
The two column sidewalks provide opportunities for pedestrians to avoid vehicle traffic. 00:14:39
However, additional sidewalk connections are recommended on the. 00:14:44
Perimeter in some areas to reduce distance needed to walk to access. 00:14:48
Test the sidewalks. 00:14:51
The use and the value of the area adjacent to the property include. 00:14:53
Included in the variance will not be affected in a substantially adverse manner. 00:14:57
The proposal does provide the internal sidewalks with connections to the frontage roadway sidewalks. 00:15:02
This will prevent promote connectivity in neighboring. 00:15:09
With neighboring properties and not negatively affect the use and value of those properties. 00:15:12
The strict application of the terms of the zoning earns will result in practical difficulties in the use. 00:15:17
The need for substantial parking due to the use of the primary structure along with the use of the shopping carts. 00:15:24
Associated with that use prohibit extensive parking. 00:15:31
Lot sidewalks. 00:15:35
Shoppers with Clarks. 00:15:36
Carts will be inhibited by safe sidewalk crossings in the parking lot. 00:15:38
Staff recommendations for this variance would be to provide additional sidewalks on the east side of the parking lot. 00:15:42
Parking The east side of the parking located at the side of the building to reduce stock. 00:15:53
Conformity as approved by staff. 00:15:57
And to provide a sidewalk connection from Schreiber Road to the near the entrance sidewalks. 00:16:00
For the next item is FC-39. 00:16:07
This application is. 00:16:12
To request not installing sidewalks. 00:16:15
Hwy. 150. 00:16:18
This pertains to both lot and C. 00:16:20
And is relevant to section 5.52 A. 00:16:24
Is there any ordinance which requires sidewalks installed along all public right aways? 00:16:28
Even if adjacent sites do not have sidewalks. 00:16:35
Staff findings for this. 00:16:37
Or as follows, the approval will not be interested in public health. 00:16:40
Safety, morals or general welfare sidewalks are not recommended. 00:16:44
Along this section of Hwy. 150 at this time. 00:16:48
This section of the highway is high traffic. 00:16:51
At higher speeds and. 00:16:54
Is currently 4 lanes with a divided median. 00:16:56
The adjoining property slopes down significantly along the roadway, making future sidewalks in that area prohibitive. 00:16:59
Sidewalks are installed to direct pedestrians away from the highway into sidewalks located on lower classified roads and. 00:17:07
Internal sidewalks. 00:17:14
The use and the value of the area adjacent to property. 00:17:17
Will not be affected in a substantially adverse manner. 00:17:21
There are currently no sidewalks along Hwy. 150 at this section. It will not therefore impact. 00:17:25
The use and value of the parts. 00:17:30
The strict application of the terms of the zoning ordinance. 00:17:34
Will result. 00:17:37
Practical difficulties in the use of this property. 00:17:38
Staff does not recommend sidewalks along Hwy. 150 at this location, directing pedestrians to this section of development to create 00:17:41
a hazard. 00:17:45
The use of the property would be inhibited by the hazardous conditions. 00:17:50
Staff has no recommendations for that request. 00:17:54
The item 40 FC 40 that plant is requesting another variance. 00:17:59
This is. 00:18:07
Primarily lot A, but also. 00:18:09
To be C. 00:18:12
No, just bought egg on this one. 00:18:15
This is for signage the applicants requesting to exceed the 200 square foot maximum signage requirement for the Lot A. 00:18:18
The proposal is for 427.8 square feet. 00:18:27
Section 5.27 of the Ordinance. 00:18:32
Section A. 00:18:35
Is where this item is addressed, which allows 2.5 square foot. 00:18:36
Of sign area for. 00:18:41
Everyone linear feet. 00:18:44
Of Front facade, but it imposes a. 00:18:46
Maximum of 200 square feet. 00:18:49
Uh, and. 00:18:54
Staff findings for this request are. 00:18:56
That the approval will not be interest to the public health, safety, morals and general welfare exceeding the signage maximum. 00:18:59
Will not create a hazardous circumstance to lie to air, sound, or any other physical condition, and the scale of the structure 00:19:05
warrants greater signage. 00:19:09
The use and value of the area would not. 00:19:13
To the to the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. 00:19:18
The additional square footage is consistent with larger scale primary structure signage and nearby commercial properties at 00:19:26
Highlander Point have also been approved for extra signage. 00:19:30
FC2232 and. 00:19:36
91742 or two cases where that occurred. 00:19:38
And additional signage therefore, at this property will not adversely impact neighboring properties. 00:19:44
And then the strict application of the terms of the zoning ordinance will resolve practical difficulties in the use. 00:19:51
The structure is a large scale and has a side facing a highway. 00:19:56
Smaller signage will. 00:20:00
Signage will restrict visibility to faster moving traffic. Additionally, signage is needed due to the size. 00:20:03
To direct customers to the drive through performance and pick up locations. 00:20:10
Which may be confused or not need. 00:20:15
Not seeing the smaller signage. 00:20:18
Staff has no additional recommendations for that. 00:20:21
Application. 00:20:24
Finally we have the conditional use application. This is FC 41. 00:20:26
For this application, the applicant is requesting A conditional use for the fuel station on lot C. 00:20:31
Convenience store. 00:20:38
With fuel pumps, our conditional uses in the zoning ordinance. 00:20:40
For the General Commission. 00:20:43
Commercial district in Floyd County. 00:20:45
Staff comments are that the use will not be injurious to the public health safety laws. 00:20:49
The welfare of the community. 00:20:53
The use as the fuel station is appropriate in a commercial district and will not create hazardous conditions to adjacent 00:20:55
properties. 00:20:58
There's clear access to the property and no environmental concerns. Fuel tanks will meet building and environmental. 00:21:03
Code standards. 00:21:08
The use and value of the area adjacent to the property will not be adversely affected. 00:21:10
The adjoining properties are a shopping center and a vacant lot for detention. 00:21:15
It is also located along Hwy. 150. This is a common location for this use and would not be expected to lower. 00:21:19
Property values or inhibit use. 00:21:25
The need for the conditional use does result from. 00:21:28
Conditions unusual or peculiar to the property. 00:21:32
The property is located adjacent to a large shopping center which commonly Co locates fuel stations. 00:21:35
It is also along Hwy. 150. 00:21:41
In the zoning ordinance permits fuel stations in general. 00:21:44
Commercial district districts as a conditional use. 00:21:47
The strict application. 00:21:51
Of the terms of the ordinance will result in unnecessary hardship. 00:21:52
In the use of the property. 00:21:57
Again, the The ordinance requires fuel stations to receive a conditional use. 00:22:00
In general commercial. 00:22:05
Districts. 00:22:06
Approval of the conditional use will not contradict the goals and objectives of the Comprehensive Plan. 00:22:08
Highlander point is an economic growth. They're still strict in the category along Hwy. 150. 00:22:14
The proposal provides necessary services to the Community. 00:22:19
And is located in a commercial center. 00:22:23
With the addition of the intersection there will be adequate. 00:22:26
Infrastructure to serve it. 00:22:28
Staff recommendations is approval. 00:22:30
Contingent upon receiving the rezoning of general commerce. 00:22:33
Those are the applicants before you tonight if you have any questions regarding any other. 00:22:36
I can answer this now or. 00:22:43
I can answer them as. 00:22:45
I have one question. Yes. 00:22:47
The current. 00:22:49
They have added a temp. 00:22:50
What I call it temporary or rotating sign? 00:22:52
That's vinyl or something that sticks up there and they change it every so often. Right now it says fuel. 00:22:55
Prices on it and it's just it's not a normal sign. 00:23:01
It looks so. 00:23:05
If my question is. 00:23:06
Under this new building, they would have to come back and ask permission to put up these. 00:23:10
Large, temporary. 00:23:14
Sounds like they've hung on to JC now would they not? 00:23:16
I'm not aware of that. 00:23:19
Sign, but it sounds like. 00:23:20
It's a big vinyl sign that that. 00:23:23
I've had two different things on it now in the last few months so. 00:23:25
It's off to the left over by the pickup area. 00:23:29
For us. 00:23:34
But I'm just saying. 00:23:35
It's but it's a temporary to me. I call it temporary because it's made out of like a material or something. 00:23:37
So it's like a banner? Yeah, like a banner. We can, we can maybe ask about that when they come up in a moment when we hear from 00:23:44
the applicant. 00:23:47
But I. 00:23:51
I'm curious as to. 00:23:53
I would have to take a look at that sign to know if it's a. 00:23:54
Permitted Sign in or. 00:23:58
Ordinance I can show you a picture of it if you're interested. Now the the signage that they have proposed. 00:24:00
As a part of this application, is all permitted sign types. 00:24:07
In our ordinance. 00:24:11
They wouldn't be able to do that one. 00:24:15
Oh yeah, yeah, that's temporary. 00:24:18
That would be a temporary sign and and. 00:24:26
Woodward wire permitting if it's beyond a certain square footage. 00:24:28
OK, Yeah. 00:24:32
That's what I assumed, but I just wanted to be sure. 00:24:33
Other questions for Nick? 00:24:36
Nick, real quick on the. 00:24:38
The connecting sidewalks, those. 00:24:39
They had, like you said, it has to be physically separated, so a curb or raised. 00:24:41
Not just. 00:24:47
Different material or painted lines, right? 00:24:48
When you say the connection in the in the parking lot, within the parking lot, yes, those are are to be raised, they planned that. 00:24:51
Have those to be raised for safety purposes, Yes, OK. 00:24:58
OK, so we've heard from staff. 00:25:05
Would be represented for the applicant come forward and for the record please state your name and address. 00:25:08
Yes. 00:25:12
Good afternoon. I'm John Campbell with Heritage Engineering. 00:25:15
The address is 603 N Shore Dr. Ste. 204. 00:25:19
Jeffersonville, IN. 00:25:24
47130. 00:25:26
I did prepare. 00:25:29
Kind of a rolling PowerPoint presentation, but I did. 00:25:31
Add in break points if we want to. 00:25:34
Stop in between these requests and give the. 00:25:36
Members in the audience and absolutely come up and speak. 00:25:40
Sure, if you don't mind, Sean. 00:25:42
For the audience benefit since we're. 00:25:45
Consolidating, trying to be efficient with their time. 00:25:47
I think Christy earlier went over the normal procedure and how. 00:25:50
Things flow in the time allotments, but because we've got. 00:25:54
Five different pieces. 00:25:57
To address this evening. 00:25:59
We, we will expand those times and I, I don't anticipate, given the size of tonight's crowd, we'll need a whole lot of expansion, 00:26:01
but we'll make sure that. 00:26:05
That those that are here that have things to. 00:26:10
To ask about. 00:26:12
Or be heard. We'll have that opportunity. So, so, so. 00:26:14
Sure. Let's let's go ahead and see what you have. 00:26:18
Do you want me to kind of go through the whole presentation? Yes. We'll proceed through the whole thing and then move into public 00:26:20
comments after them. 00:26:24
Perfect. Thank you. 00:26:27
Also with me tonight is Savannah Miller. Savannah is a architect and land planner with our firm Heritage Engineering. 00:26:35
And then I do have Kroger representation, Kerry King and Danny Ryan, who are. 00:26:42
Construction. 00:26:48
Project managers as well as Lisa AM. 00:26:49
Who is the real estate agent or director of real estate for this division? I'm not sure if she's here yet or not, but she should 00:26:53
be coming in shortly. 00:26:57
I just want to take a minute up front to kind of give an overview of the actual project for your benefit and certainly for any 00:27:05
neighbors benefit. 00:27:09
So this is for development of a proposed JC marketplace, grocery and fuel center. 00:27:14
The store is 123,000 square feet and that will include. 00:27:20
The Pharmacy of Wine and Spirits section, as well as a Starbucks. 00:27:25
The fuel center will have a walk up kiosk very similar to the one just down the street, and this location proposes 9. 00:27:30
The plan does fully comply with the lot coverage requirements of your code. 00:27:39
And we are providing a fully compliant landscape plan. 00:27:44
With this project. 00:27:49
As noted in Nick's presentation, there is a. It is part of the property. 00:27:50
Or the project, but it is a separate lot. 00:27:56
That is specifically for detention as well as just kind of a general open space landscape area. 00:27:59
This is that plan. 00:28:06
To the top of the page. 00:28:08
Is Hwy. 150. 00:28:10
And then at the bottom of the screen is Schreiber. 00:28:12
Road there. 00:28:16
The existing JC would be there on the right side, just off the. 00:28:18
Area that's colored in green there. 00:28:22
So the main parcel is the grocery parcel there in the middle with the parking kind of facing to the South or to that proposed Rd. 00:28:25
A. 00:28:29
And then the fuel center is there at Hwy. 150. 00:28:34
The new proposed row day. 00:28:39
These are the building elevations. 00:28:42
In the event the neighbors haven't seen those, it is a. 00:28:45
A new design. 00:28:49
A lot of different changes of materials, but you can see there. 00:28:51
As well as changing in color and textures to provide banding. 00:28:55
It really is a nice attraction. 00:28:59
The building that is the front view. 00:29:01
Front elevation there to the top, which is what will face. 00:29:05
To the South, that. 00:29:09
The internal parking lot, Rd. A. 00:29:10
And then they're on the left side is what would be along Schreiber Rd. 00:29:13
This is the rear elevation on the top of the page. 00:29:19
That would face to the north. 00:29:23
Predominantly kind of an existing trade area. 00:29:25
Although I think there is one residence, there are longer. 00:29:30
Shriver Rd. 00:29:32
And then to the bottom of the page there is the right elevation, which is going to be what? 00:29:35
Would be facing on Hwy. 150. 00:29:40
So the first request was. 00:29:43
For the development standards variance to. 00:29:45
Not require that 30% window transparency there along the front facade. 00:29:48
Staffs justification or summary other justification and their own findings was. 00:29:54
Very well represented. 00:30:00
This is kind of showing that front of the store. 00:30:02
I do want to point out while we're not at the 30% requirement. 00:30:06
Kroger did. 00:30:12
Add to what is their typical front facade and they added. 00:30:13
Not only does it have the enhanced facade. 00:30:18
And the change of materials. 00:30:21
The changing of color and block patterns to to provide that. 00:30:23
Added benefit to the Highlander point requirements. 00:30:28
But they did actually add additional windows which you can kind of see there to the right of their their main entrance, which is 00:30:31
that portion that has the JC there. 00:30:35
Parts of the reasons that this is difficult for them to do. 00:30:41
And I think Nick. 00:30:45
Touched on these. That was in our justification to. 00:30:47
The overall size of this type of store and the facade, it makes it very difficult to get to that 30% just based on the height 00:30:50
there with the. 00:30:54
Kind of the prominent entryway. 00:30:58
But additionally, the second part of this is internal to the store. 00:31:00
These stores are laid out with shelving, freezer unit storage all around the perimeters. 00:31:05
Including even on that front side so. 00:31:12
While they have found opportunities to push those things to the side and create. 00:31:15
A good percentage of that window requirement. 00:31:19
And we just cannot get to the true 30%. 00:31:22
So we're asking for this development standards variance from you. 00:31:25
I had paused here for questions, but I'll just keep going to the next item. 00:31:30
Request #2 which was to. 00:31:35
Remove the requirement of the sidewalk. 00:31:38
That is located within 60 feet of. 00:31:40
Parking spaces. 00:31:43
And that's again, as Nick said, the way staff has interpreted that. 00:31:45
If if a parking space is farther than 30 feet from the building at drive. 00:31:49
So in order to accomplish that, we would need to. 00:31:55
Go into this design and add at least. 00:32:01
Three more sets of or three sets of walks. 00:32:05
Went to the top. 00:32:08
One in the middle and one at the bottom. 00:32:10
What we did provide is 2. 00:32:13
Prominent walks through the middle of the site, connecting in close proximity to the entrances to the development. 00:32:16
And that's. 00:32:22
Those yellow areas that you see there cutting through the parking lot. 00:32:24
We did widen those to be a minimum of seven feet wide. They will be raised concrete walks. 00:32:29
We do include when we have these sidewalks through parking lots. 00:32:36
A couple kind of step down areas with some striping and that's for cart shopping cart to bypass. 00:32:41
Our experience has been. 00:32:49
Regardless of where you put these customers are going to come out, they're going to go down the wrong aisle. 00:32:52
Realize they need to be over there. 00:32:57
Without that pass through it creates A nuisance and more kind of hazards to walk and go around so. 00:33:00
We can capture those areas in these two walks. 00:33:06
But we felt like having it at that code requirement. 00:33:10
It would. It would just. 00:33:14
Eat up a lot more parking and create a lot more of that nuisance. 00:33:15
Because again, we would have to have at least three more sets of water. 00:33:20
As a compromise, we're proposing A wider walk entrance. 00:33:25
Drop down the areas that we are asking for that variant. 00:33:29
But not provided in in the true definition of the code. 00:33:32
The next item was the sidewalk along Hwy. 1. 00:33:38
50 I think this. 00:33:42
Fairly straightforward. 00:33:44
That's a four lane divided highway intended to move traffic. 00:33:46
What I do want to show you here though, so at the top of the page, the sidewalk. 00:33:51
To be provided along Hwy. 1. 00:33:56
50. 00:33:58
That is the waiver that we are the variance that we are asking for. 00:33:59
But what I am showing is the. 00:34:03
Commitment to provide those. 00:34:06
Public area side. 00:34:08
Along Schreiber Rd. as well as sidewalks to be provided along proposed Rd. A. 00:34:11
I did go ahead and leave on the internal sidewalks through the parking lot to show that connectivity. 00:34:17
With the parking areas there. 00:34:25
I think I understood Nick to say staff's recommendation is to make a connection. 00:34:27
Which we sort of have the beginnings of a stop there if you look along the front of the main grocery. 00:34:34
The sidewalk that runs all along the front, they're kind of top to bottom. 00:34:41
We've provided a stub to the South, however we did not show that connection at this point. 00:34:45
And the only reason I've not shown that is we haven't fully finalized their grading to be able to determine. 00:34:52
How? 00:34:58
Feasible it is to make that immediate connection. 00:34:59
And what I am showing though is that we are still providing a route out to Schreiber Rd. It would just be more. 00:35:03
Through the parking lot to Rd. A and then down. 00:35:11
So I look to staff or your recommendation on what you want that to be? 00:35:14
There may be a scenario where we can make that connection. We would just ask that. 00:35:20
If it is a requirement. 00:35:25
Grading and how that connection could function can be taken into consideration. 00:35:28
And if it just doesn't work from a grading standpoint. 00:35:33
We would prefer not to make that connection. 00:35:36
And then the the next item was the signage component. 00:35:42
For this project. 00:35:47
As part of. 00:35:50
Any Kroger project we do. 00:35:52
An overall signage and brand book and. 00:35:55
In working with staff, we've talked about the investment being made here and the commitment of Kroger through this JC store. 00:35:59
And the desire to have some. 00:36:07
Some connectivity to the public to invite people in and then once they're in to let them know. 00:36:10
Internal to the side and as part of this kind of where they need to go for example. 00:36:17
In that top left corner, which would be the. 00:36:22
The right rear corner of the store is the grocery pickup area. That's for online ordering. 00:36:25
We just want to have a little bit of signage there to pull people back to that corner so when they come into the store, they know. 00:36:33
Additionally, the store will have a pharmacy, so we've got a little bit of pharmacy canopy signage. 00:36:40
The other. 00:36:48
Signage that we've requested. 00:36:49
And these are kind of pointing them out there, but the. 00:36:51
On the front of the store, there is a Starbucks in the store. 00:36:54
And from a code standpoint it is one building with one use, but it is a separate tenant. 00:37:00
Even though it's open internal to the store. 00:37:06
So it's very important for them to have that brand identification on the store. 00:37:09
Kind of as that dedicated Starbucks store. So that's what this slide is showing here. 00:37:14
And then I. 00:37:21
I kind of went a little bit out of order, so this is showing the side of the store. 00:37:24
Which would be the RX. 00:37:29
Pharmacy. 00:37:32
The pickup in the rear back corner. 00:37:33
And then additionally. 00:37:36
We wanted some. 00:37:37
Presence to Hwy. 150 with that being your primary through thoroughfare for commercial traffic. 00:37:38
So we've also requested to have that JC logo there on the side of the store. 00:37:45
We do have two monument signs proposed and at each corner for each of the two lots. 00:37:52
And those are in compliance with the code requirements, so there's nothing. 00:37:58
Being requested there outside. 00:38:02
And then the fuel center is in compliance, so. 00:38:05
I did not show any of the fuel center signage. 00:38:08
I do have a print out of that full brand book if anyone would like to see it. I can certainly share that might be a little easier 00:38:12
to flip through. 00:38:16
And better see that signage than trying to see it on the screen. 00:38:20
And then the last request, item number 5 is a conditional use permit to allow for the JC Fuel Center. 00:38:26
This, as mentioned previously, will include nine pumps and. 00:38:33
Those 9 pumps are double sided so it's actually 18 fueling. 00:38:38
Spots but it's only 9 pumps. 00:38:42
It does include the walk up kiosk. 00:38:45
And that is proposed there on that outline. 00:38:48
So this is showing the location of that fuel center there? 00:38:51
It is pushed up to Hwy. 150. 00:38:55
As Nick noted, that is your primary commercial corridor there up in the. 00:38:59
Corner, and that is where the proposed traffic signal is. 00:39:04
Which is in our opinion the best location. 00:39:08
Pull people off of that road, give them easy access for fuel and then an easy out. 00:39:12
This is kind of the overview of that again, showing Hwy. 150 to the top of the page. 00:39:18
The proposed traffic light there on the right side. 00:39:25
Proposed Rd. an to an internal connector road and then access is provided there. 00:39:29
To the bottom of the fuel center, kind of in between that fuel center and the primary Kroger parking lot. 00:39:35
These are the elevations that I had mentioned showing the signage, but also just the general elevation. 00:39:43
Of that fuel center. 00:39:50
And again, this will the fuel center will share this monument signage with the main grocery. 00:39:54
At each other, who's 2 intersections? 00:39:59
With that, that was the last item I had. We do. 00:40:03
Welcome any questions you may have. 00:40:07
Yeah, I've got 3 questions. 00:40:13
What do you anticipate? A start date? 00:40:15
When do you anticipate A completion date? 00:40:18
And what's the current square feet of the existing building? 00:40:21
I'll answer the first two, and by the time I'm ready for the third, they may have an answer for me on the existing bill. 00:40:25
The start of this store is tied to completion of the curb. The curb cut on Hwy. 150. 00:40:32
In the installation of the traffic signal. 00:40:40
It is my understanding that that is currently. 00:40:43
The the current plan timeline. 00:40:48
Assuming all the funding happens in the order that it's planned. 00:40:51
With the completion in 2028. 00:40:54
So start of the and. 00:40:59
Update the second part of your question. How long to complete is about one year. 00:41:01
So most likely the well the store will not open before completion of that traffic signal in the intersection. 00:41:06
Most likely we would start construction. 00:41:13
Approximately 1 year prior to that, so that is planned to open. 00:41:16
In that. 00:41:21
2028. 00:41:22
OK then, then. 00:41:24
The existing store I. 00:41:29
I will say it is significantly smaller than this, right? 00:41:31
If. 00:41:35
There you go, 43,000 square feet. 00:41:36
Other questions? 00:41:43
Yes. 00:41:45
On the fuel station. 00:41:46
The outdoor sales and displays I'm assuming that would be similar to. 00:41:48
The current one that has firewood and. 00:41:53
Bags of salt. 00:41:55
So does some. 00:41:56
Vehicle products, propane and ice and that would be what it would be pretty much limited to the extent of it, yes. 00:41:59
OK then. 00:42:05
Can you go back to your signage on the right side of the building? 00:42:06
Yes, Sir. 00:42:10
And I still owe you an answer on that banner sign that you brought up. I'll. 00:42:11
I'll come back. I just, I was more curious from his. 00:42:16
From our standpoint, whether those require permit or not. 00:42:19
But that's. 00:42:22
So down here in the bottom right corner you have a. 00:42:25
Sign E that says pick up. 00:42:29
Yes. 00:42:31
And I'm OK with it's it's. 00:42:32
It's white letters on the Gray. 00:42:33
But the detail. 00:42:36
Picture of that. 00:42:38
Is on. 00:42:39
I so my question is, is it? 00:42:40
I'm assuming that's going to be. 00:42:43
Gray like it's on the. 00:42:45
The right elevation, not red like the detail. 00:42:47
That is correct and I've. 00:42:51
Confirm that when I when I got that brand book, I asked the question of. 00:42:53
Our representative there with Kroger, he said. It was an oversight on their part, but we were rushing to get. 00:42:57
I'm OK, I just wanted to verify that on the record. 00:43:03
Yes, that will not be painted red, it will be that. 00:43:07
The material you see there is what they've committed to. 00:43:11
That was my two questions. 00:43:17
Any other questions? 00:43:19
Mr. Campbell. 00:43:21
OK. Thank you. Thank you, Mr. Campbell. 00:43:24
OK. We've heard from staff, we've heard from the applicant. 00:43:31
We are now going to close those sections of the meeting. 00:43:34
And we are going to open our. 00:43:37
Public comment. 00:43:40
Is there anyone here this evening that? 00:43:41
Mr. Campbell, did you have something else? 00:43:43
I was just getting into that screen. 00:43:45
We are going to. 00:43:50
Open the floor for public comment if there's anyone here this evening. 00:43:51
That would like to come forward and speak in favor. 00:43:55
Of this. 00:43:57
These these petitions, please come forward now. State your name and address for the record. 00:43:59
Come forward, Sir. 00:44:04
Dan Schmidt, 4067 Fusco Rd. Floyd Knobs. 00:44:08
One question I. 00:44:14
I can kind of barely see it on the. 00:44:15
On the site layout there. 00:44:18
It looks like there is. 00:44:19
When you're coming from. 00:44:22
Mount Saint Francis Inn. 00:44:24
There is a great lane. 00:44:26
Into the parking lot. 00:44:28
Is there going to be a left turn lane? 00:44:31
Going toward Mount Saint Francis. 00:44:34
In that new. 00:44:37
Layout with the. 00:44:39
Traffic light. 00:44:40
That's it. Let's let. 00:44:42
I would say. 00:44:44
Unless Nick knows the answer, I would say let's have him say his comments and then we can let Mr. Campbell come back up during his 00:44:45
section. 00:44:48
You know, left way turn lane approaching or on Hwy. 150, Highway 150. In other words, it looks like there is. 00:44:51
A turn lane. 00:44:59
Coming from Mount Saint Francis. 00:45:02
I'd have to. I'd have to look at what was approved by anyone. You can't hardly see that media. 00:45:04
Yeah, there for if you're leak coming from. 00:45:09
I'm thinking there is, but I don't remember. I don't have a copy. Yeah. You can't see if there's a turn lane there. 00:45:13
I know what you're talking about. 00:45:20
I'm thinking there is Nick but I can't remember for sure. 00:45:23
So what was approved by and not did have a head left. OK, OK. 00:45:27
There is there was time where they were. 00:45:32
Looking to do an hard cut there with the intersection there. 00:45:35
OK. 00:45:38
That I'm fully in favor of this thing. 00:45:41
I shop at that JC food store. 00:45:44
And it is so crowded. 00:45:47
99% of the time that I go there so. 00:45:49
I'm in total favor of it and I'm glad. 00:45:52
It looks like the staff of. 00:45:55
Urals has done a fantastic job going through and looking. 00:45:57
At all these and. 00:46:01
Making appropriate approvals the way it sounds to me so. 00:46:03
Thank you very much. 00:46:06
Thank you for your feedback and your question. 00:46:08
Anyone else who would like to come forward and speak in favor, the gentleman was first. And we'll come to you, Sir. 00:46:10
Please come forward, state your name and address for the record. 00:46:16
Preston Vincent live on 6100 Old Vincennes Road and. 00:46:19
Boys knobs, Yes, fully approved as well. Two questions. 00:46:22
One is to do with sidewalks, so it's not on there. 00:46:26
So there was yellow lines and this would be vertical here on the proposed Rd. A. 00:46:29
The new, the new structure, and then a yellow line for the old. 00:46:35
With no connection, even though there's just little Rd. that's next to two vertical. 00:46:39
Yellow. 00:46:45
Walkways or sidewalks? 00:46:47
Why is there no connection? 00:46:49
Let's do this just in the interest of time. So typically the way this works is when people come and speak for and against, they 00:46:53
speak to us and then. 00:46:56
After we're through, then we let the applicant come back. 00:46:59
Otherwise, we're going to be going back and forth. No, it's fine. We understand. We're we're fine with that. 00:47:02
We just want to make sure that Mister Campbell will make notes and we'll have notes and we'll make sure we we address that. 00:47:07
Did you have another question? Second one is? 00:47:12
For Schreiber Rd. 00:47:14
It's it's been improved up to a certain point. 00:47:15
And then it's quite a disaster afterwards, all the way up to Luther. 00:47:19
So this obviously allows for some more improvement to happen to this new. 00:47:23
Proposed a. 00:47:27
Is. 00:47:29
New improvements going to stop there or what is the county going to do about improving the whole Schreiber Rd. up to Luther? 00:47:31
Because I have a feeling adding a light is going to make more traffic go on traffic road to avoid lights. 00:47:37
Good question. We'll come back to that. 00:47:44
Is that it? Yeah. 00:47:47
Thank you, Sir. 00:47:48
I think, Sir, you were. 00:47:49
Come on up now and ask, and then they'll answer. 00:47:53
Later. 00:47:56
So if you will come forward, state your name and address please for the record. 00:47:58
John Nectar 3043 Fairway Dr. 00:48:01
First question is where is the existing JCS on your aerial elevation? 00:48:05
And the second question is, will there be access? 00:48:11
From the existing. 00:48:14
Shopping center. 00:48:16
Where you have the tumbleweed, the hardware store, etc. 00:48:17
To the new JC. 00:48:20
There's no connection. 00:48:22
There's no connection. 00:48:24
There'll be two separate developments. Yes Sir. 00:48:25
OK your your existing for just for. 00:48:28
43 The existing JC is over here. 00:48:32
OK, so it's right here. 00:48:37
What's going to happen to the old JCS? 00:48:39
The owner. 00:48:42
Thank you, Sir. 00:48:45
OK, is there anyone else here this evening that would like to come forward and speak in favor? 00:48:48
Of these requests. 00:48:53
Seeing none, we will close that section of the meeting and we will go into. 00:48:56
The umm, uh. 00:49:00
Section allows anyone here. 00:49:02
That would like to come forward in opposition. 00:49:04
Come forward and. 00:49:06
And address that. Please come forward Sir, state your name and address for the record. 00:49:07
Charles Murphy I'm an attorney and. 00:49:15
Here in New Albany, my office is at 430 W 1st St. 00:49:17
Not sure it's exactly opposition, but maybe some more questions. I represent the. 00:49:22
Owners of the present building, the JC. 00:49:27
And when you say? 00:49:32
Well, let me go back. 00:49:35
The the reason for the. 00:49:37
For zoning and the ordinance and the standards you set forth. 00:49:39
Is an order to. 00:49:43
A lesson or avoid congestion on public ways. 00:49:45
And to recognize unique natural characteristics. 00:49:49
In addition. 00:49:54
To in order to change the standards. 00:49:55
You must find that the approval will not be interest to the public health safety morals. 00:49:59
In general welfare. 00:50:04
And the strict application of the terms of the zoning ordinance will result in practical difficulties. 00:50:05
Also that it will not affect. 00:50:12
The value of the. 00:50:14
Of adjacent properties. 00:50:17
Well, it's kind of hard to say. You're not going to affect the adjacent values. 00:50:19
When you're taking one JC and putting it on a different piece of property. 00:50:23
What's going to happen to the JC? 00:50:28
What's going to happen to that? 00:50:30
Fuel center that. 00:50:32
Is there are they're not going to keep both stores, They're not going to probably keep both fuel stations. 00:50:33
So but also. 00:50:40
In talking about the actual development standards. 00:50:43
The one about transparency. 00:50:47
And also the one about parking. 00:50:49
It's not that these are practical difficulties for them to build the store. 00:50:51
This is more. 00:50:58
Not that we can't. 00:50:59
But that we don't. 00:51:02
Want to and that's not the standard. 00:51:03
The standard is that they can't. 00:51:06
Do it. 00:51:09
And they can make these stores. 00:51:10
Do what the development standard is. 00:51:12
They can put in the additional sidewalks. 00:51:15
And for goodness sakes, when we're talking about safety in. 00:51:18
And of the public. 00:51:22
With all the. 00:51:25
I guess maybe because I was involved in an accident recently, got hit. 00:51:27
I guess we know there's so much distraction driver. 00:51:31
That to not have these safety standards upheld. 00:51:36
In a parking lot. 00:51:40
Does put the public at? 00:51:41
Risk. 00:51:43
In addition. 00:51:45
In establishing the Highlander. 00:51:47
Gateway Overlay District. 00:51:50
You were looking for a planned basis. 00:51:52
For the eventual growth of business and development that would be attracted to this area. 00:51:54
Edition You also did the Scriber Rd. 00:52:00
Plan and others with new traffic light and patterns. 00:52:03
Were implemented to try and handle. 00:52:06
The additional traffic. 00:52:09
And I guess you have to ask yourselves. 00:52:11
With this one just one entrance. 00:52:14
With this one stoplight. 00:52:17
Are we putting ourselves back into the same problems? 00:52:19
We just tried to solve. 00:52:23
John Neese, who is one of the owners of this property. 00:52:28
Was recently quoted in the Tribune as voicing strong opposition to a proposal. 00:52:33
On. 00:52:38
And he has said if you believe the Tribune got it exactly right. 00:52:41
You can hardly turn in and out of there at certain times of the day. 00:52:45
Adding 26 more dwellings, or 27 if you could move that one. 00:52:49
You're talking about adding 60 to 70 cars. 00:52:54
Most of those people are going to work at the same time as everybody else. 00:52:57
He is worried that the development would harm what he describes as a nice area. 00:53:01
Saying we got to take human beings into account at some point. 00:53:06
I think we need to take into mind. 00:53:12
What this development would do? 00:53:15
Yeah, everybody wants a new store. 00:53:18
Thereby once more. 00:53:21
But what's it going to do to the existing stores? 00:53:23
What's it going to do to the existing traffic patterns? 00:53:26
Thank you for your time. 00:53:29
Thank you, Mr. Murphy. 00:53:31
Is there anyone else here this evening that would like to come forward and speak in opposition? 00:53:34
Raise any concerns. 00:53:39
OK, seeing none. 00:53:44
We'll invite the applicant representative to come forward again. 00:53:46
Respond to those things that we've just heard. 00:53:49
Thank you, Chairman. 00:53:52
I think the. 00:53:56
Question about the turn lanes at the traffic signal was answered by staff. 00:53:57
And our submitted development plan does reflect what was described, which we had received from Strand Engineering, who's doing the 00:54:03
design on that? 00:54:07
I think it was a gentleman named Vincent that had asked about. 00:54:13
The overall sidewalks. 00:54:18
And I. 00:54:21
Kind of need to ask for clarification and I think he may have been describing the Shriver Rd. 00:54:23
Piece that's not. 00:54:29
Shown down there. 00:54:30
Verticals here and no. 00:54:35
Access I'll across the road. 00:54:37
Gotcha. 00:54:40
Proposed Rd. A is a new. 00:54:42
On this plan it runs up down, but it's a new East West connector between. 00:54:45
Hwy. 150 and Shriver Rd. 00:54:50
The open space and the detention is. 00:54:53
To the right on this plan or to the South of that proposed Rd. 00:54:56
That is more of a green area, landscape area. Not really. 00:55:01
Something we're inviting the public to go and use, or not seeing a need for anyone in the Kroger to. 00:55:05
Gaining access over there. 00:55:12
Of what this plan will have along Schreiber Rd. 00:55:14
We are providing the sidewalks down to the intersection. 00:55:18
There is shown on our plan and there will be a crosswalk. 00:55:22
To provide that safe connectivity. 00:55:26
We have not shown a crosswalk at the traffic signal because that's not part of our plan. That's the Strand. 00:55:29
Project but I. 00:55:35
Would hope they are including it but I haven't. 00:55:37
That so either way we provided that safe connectivity down at the intersection. 00:55:40
And we would not want. 00:55:46
While there is a possibility someone could cross the road, we don't want to create that crossing. 00:55:47
Mid block or midpoint so. 00:55:53
Hopefully that answers your question. 00:55:56
Get your comfort you you wanted there. 00:55:59
And then? 00:56:03
That was about the sidewalks. 00:56:06
As far as the improvements, the Schreiber Rd. 00:56:09
Our discussions with Nick and and the planning department is. 00:56:13
While there is no funding to improve Sharper Rd. I think it is on a long term plan to make improvements. 00:56:18
But at this time, there's no commitment to do that from the county. 00:56:25
We do hope as this is developed, that will provide the kind of the economic engine to make that happen so. 00:56:29
And then? 00:56:39
Mr. Hector had asked about the existing JC. 00:56:41
And if there was a connection between this development and that one and I think it was answered. 00:56:45
Pointed out on the screen, so I won't elaborate on that. 00:56:51
And then Mr. Murphy, representing the existing shopping center owner. 00:56:55
Had raised. 00:57:00
Questions as to the justifications for the improvements. 00:57:01
We did outline those. 00:57:05
Items in our letter of explanation as to why we do think they're justified. 00:57:08
We feel like staff has aligned of those items and and provide their support for this. 00:57:13
So we ask that the Board recognize those items in our presentation and consider that for approval. 00:57:19
As and then the last item I recall him. 00:57:26
Raising an issue or concern with the traffic of this road. 00:57:30
Strand has done the necessary traffic study, big picture Strat traffic study. 00:57:34
Not only specific to our site, but the entire area. 00:57:39
I will say from my experience, connectivity is key to relieve traffic there. This will certainly be a growth area. 00:57:44
But this is providing a new connection. 00:57:52
Between Hwy. 150 and Schreiber Rd. which we see as being not only a benefit for this development. 00:57:55
But the entire area, including the shopping center adjacent to us as another Ave. and a route in and out of their department. 00:58:01
With that I. 00:58:10
Request or I'll answer any follow up questions and then I request. 00:58:11
Favorable approval of these items. 00:58:16
Other questions? 00:58:18
The applicant. 00:58:20
Thank you, Mr. 00:58:24
OK, we will. 00:58:26
Close the public comment section of the meeting and move into ballots. 00:58:28
And as we said at the beginning, we will have 5 separate ballots. 00:58:33
So do we have? 00:58:37
One, yeah. 00:58:39
Should we have a ballot? 00:58:41
I do. 00:58:43
Docket FC12-205-37. 00:58:45
37 petitioner JC Food. 00:58:49
JC Stores. 00:58:51
After careful review, the board finds that upon approval of the variance will not be interest to the public health safety morals. 00:58:53
And general welfare of the community. 00:59:00
Because the reduction in transparency will not. 00:59:02
Impact public health as the structure will meet building code requirements. The proposal. 00:59:05
Offers transparency at ground level. 00:59:10
The transparency requirements is primarily an aesthetic standard to improve value. 00:59:13
#2 the use and value of the area adjacent to the property. 00:59:18
Including the parents will not be affecting A substantial adverse manner because the use. 00:59:21
Of the neighboring properties. 00:59:26
Will not be impacted by the person. 00:59:27
By the percentage of transparency of the proposed structure. 00:59:30
It will not create any hazard or nuisance. The building does not provide transparency. 00:59:33
It does provide transparency at ground level, with the percentage skewed due to the height of the first story. 00:59:39
Additionally, the proposal includes a number of architectural design features to enhance the building appearance. 00:59:45
As a result, it is not expected to significantly impact value. 00:59:51
#3 the strict application of the terms of zoning ordinance. 00:59:56
Will result in it. 00:59:59
And practically difficult to use the property because the use of the structure requires significant stockroom and shelving space. 01:00:01
For product placement along exterior walls. 01:00:08
Transparent. 01:00:11
Materials limits the ability to use the exterior walls. 01:00:12
For display. 01:00:16
Their products. 01:00:17
#4 The variance does not involve a structure that is near an airstrip. 01:00:19
And regulated under Indiana Code 8-201-10. 01:00:23
The Board of Zoning appeals hereby grants. 01:00:29
The petitioner variance. 01:00:31
At the meeting held on the 12th of January 2026. 01:00:33
That completes my ballot. 01:00:36
OK, we have a ballot. Do we have a second? 01:00:38
I'll second. 01:00:41
With the ballot and a second, any other questions or comments from the board? 01:00:42
All those in favor signify by saying aye aye. Any opposed like sign. 01:00:46
That that ballot passes. 01:00:50
As presented. 01:00:52
Do we have another ballot? 01:00:55
I do. 01:00:59
Docket FC12-205-38. Petitioner. JC Store. 01:01:01
After careful review, the board finds that number one approval of the variance will not be injurious to the public health, safety, 01:01:06
morals and general welfare of the community. 01:01:10
Because the sidewalks are provided throughout the development. 01:01:15
That will assist pedestrians to avoid conflicts with vehicles. 01:01:18
The two column sidewalks provided opportunities for pedestrians to board vehicle traffic. 01:01:22
However, additional sidewalks. 01:01:27
Are recommended on the perimeter in some areas to reduce distance. 01:01:29
Need it to walk to access the. 01:01:34
Current shown sidewalks. 01:01:35
#2 the use and the value of the area adjacent to the property. 01:01:38
Included in the variance will not be affected in substantial adverse manner because the. 01:01:42
Proposal provides internal sidewalks with connections to the Frontage Rd. sidewalk. 01:01:47
This will promote. 01:01:53
Connectivity and neighboring property and will not. 01:01:54
Negatively. 01:01:57
Affect the use and the value of those properties. 01:01:58
#3 The strict application of the terms of the zoning artist will result in practical difficulties to use the property. 01:02:02
Because the need for substantial parking due to the use of the primary structure. 01:02:08
Along with the use of shopping carts, prohibits. 01:02:12
Extensive parking lot sidewalks. 01:02:15
Shoppers with carts are inhibit. 01:02:18
It by safe sidewalks, crossings, in parking in the parking lots. 01:02:20
#4 The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 01:02:25
The Board of Zoning Approval Hill back grants the petitioner variance at the meeting held on the 12th of January, 2026. 01:02:33
Approval by the Board is subject to completion of the following conditions #1 Provide additional sidewalk on the east side of the 01:02:40
primary parking lot. 01:02:43
Along the drive and the east side of the parking. 01:02:47
Located at the side of the building to reduce nonconformity. 01:02:50
#2 provide sidewalk connection from Schreiber Rd. 01:02:54
To the near entrance sidewalks. 01:02:57
That completes my ballot. 01:03:00
OK, we have a ballot. Do we have a? 01:03:02
Make a request on those conditions. 01:03:07
Staff would request that you add as approved by staff. 01:03:09
I'm sorry. 01:03:14
Just if there is an issue with grading or something, I agree. I concur. 01:03:15
Return to deal with that. 01:03:19
Good suggestion. 01:03:21
I accept those modifications. 01:03:44
Items 1 and 2. 01:03:46
OK. 01:03:48
You'll want to. So now you have a motion Mr. Beeble Hauser with. 01:03:50
The modifications that are made, so you'll want a second. 01:03:55
OK, so we have a motion with the modifications. 01:03:58
Proposed Do we have a second? 01:04:01
I'll second. We have a second. 01:04:03
All those in favor signify by saying aye. 01:04:06
Any opposed like sign? 01:04:08
That ballot passes as well. 01:04:10
Do we have 1/3? 01:04:29
Ballot. I have a ballot. 01:04:30
OK Docket FC122539 Petitioner JC Food Stores, care of a Kroger Company. 01:04:33
After careful review, the board finds that approval of the variance will not be injurious to the public safety. 01:04:40
Public health, safety and. 01:04:46
Morals and general welfare of the community because this section of Hwy. 50 is currently 4 lanes with divided median. 01:04:47
And it's a high traffic area with highway speeds. 01:04:54
Also, the adjoining property slopes down significantly along the roadway. 01:04:56
Making future sidewalks in an area prohibitive. 01:05:00
Plans indicate additional sidewalks will be installed to direct pedestrians away from the highway. 01:05:03
And towards sidewalks located on. 01:05:08
Lower classified roads and internal sidewalks. 01:05:10
#2. 01:05:13
The use and value of the area adjacent. 01:05:14
To the property included in the variance. 01:05:16
Will not be affected in a substantially adverse manner. 01:05:18
Because there are currently no sidewalks along Hwy. 50 at this section. 01:05:21
Therefore, it will not impact the use and value of the adjacent parcels. 01:05:25
Negatively. 01:05:29
#3. 01:05:31
Strict application of the terms of the zoning ordinance. 01:05:32
Will result in practical difficulties in the use of the property. 01:05:35
Because staff does not recommend sidewalks along 150 dislocation. 01:05:38
Directing pedestrians to this section of the development would create hazards. 01:05:43
The use of the property would be inhibited by the hazardous condition. 01:05:47
Section 4. The variance does not involve A structures near an airstrip and regulated under Indiana Code 8. 01:05:51
2110. 01:05:58
THEREFORE, the Board of Zoning Appeals hereby grants the petitioners variance at the meeting held on 12th day of January, 2026. 01:06:01
OK, we have a ballot. Do we have a second? 01:06:10
I'll second it. 01:06:12
All right. Any other questions or comments? 01:06:13
All those in favor signify by saying aye. 01:06:16
Any opposed like son? 01:06:18
Motion passes. 01:06:20
Do we have a 4th ballot? 01:06:22
OK, Docket FC1225-40. 01:06:32
After Keffer reviewed, the board finds that number one approval of the variance will not be interest to the public health, safety, 01:06:37
morals and general welfare of the community. 01:06:41
Because exceeding the signage maximum will not create a hazardous circumstance. 01:06:45
To light, air, sound, or any other physical conditions, the scale the structure warrants greater signage. 01:06:49
#2 The use and the value of the area adjacent to the property included in the parents will not. 01:06:55
Be affected in a substantial adverse manner because the additional square footage is consistent with a large scale primary 01:07:00
structure. 01:07:04
Signage in nearby commercial properties at Highlander Point have also. 01:07:08
Been approved for extra signage. 01:07:12
Therefore, additional signage that this product will not adversely impact neighboring properties. 01:07:14
#3 the strict application that turns the zoning ordinance. 01:07:19
Will result in practical difficulties in use of property because the structure is of a large scale and has a sat facing the 01:07:23
highway. 01:07:26
Smaller signage will restrict visibility to faster moving traffic. 01:07:30
Additionally, signage is needed. 01:07:34
Due to the size. 01:07:36
To direct customers. 01:07:37
To the draft through pharmacy, which may be confused. 01:07:39
Are not seen with similar signage with smaller signage. 01:07:42
#4 the variance does not involve a structure that is near. 01:07:46
An airstrip and regulated under Indiana Code 821-10. 01:07:49
The variance included. 01:07:55
To include the variance includes the signage S. 01:07:56
Submitted with the application and as presented tonight. 01:08:00
The board of zoning approval hereby grants. 01:08:04
The petitioner variance that. 01:08:07
At the meeting held on the 12th of January 2026. 01:08:09
The temporary signage or rotating signage. 01:08:14
On the building are not permitted. 01:08:18
That completes my ballot. 01:08:21
OK, we have. 01:08:24
Did you have a question? No, I'm good. 01:08:26
Do we have a second? 01:08:27
I'll second. 01:08:29
With a ballot and a second. Any other questions or comments from the board? 01:08:30
All those in favor signify by saying aye. 01:08:33
Aye, any opposed? 01:08:36
That ballot also passes. 01:08:37
Do we have a? 01:08:40
5th and final. 01:08:41
Ballot for the evening. 01:08:42
I have one. 01:08:44
Docket FC12-205-41. 01:08:45
Named JC Food Stores, care of the Kroger Company. 01:08:49
After careful review, the board finds that. 01:08:52
Conditional use will not. 01:08:54
The interest of public health, safety, morals and general welfare of the community. 01:08:56
Because the use as a fueling station is an appropriate. 01:09:00
Is appropriate in a commercial district and will not create hazardous conditions to adjacent properties. 01:09:03
There's clear access to the property. 01:09:09
And no environmental concerns. 01:09:11
Fuel tanks will meet building and environmental code standards. 01:09:13
#2 the use and value that. 01:09:17
Area adjacent to the property will not be adversely affected because the adjoining properties are a shopping center and a vacant 01:09:19
lot for detention. 01:09:22
Is also located along Hwy. 150. 01:09:25
This is a common location. 01:09:28
For this use. 01:09:30
And would not be expected to lower property values or inhibit use. 01:09:32
#3 the need for conditional use. 01:09:36
Does result from. 01:09:39
Any condition unusual or? 01:09:40
To the property itself because the property is located adjacent to a large shop shopping center. 01:09:42
Which commonly Co locate fuel stations. 01:09:46
It's also along Hwy. 150. 01:09:49
Floyd County zoning ordinance permits fuel stations in general. 01:09:51
Commercial districts as conditional uses. 01:09:55
#4 The strict application of the terms of the Floyd County Zoning Ordinance will result. 01:09:58
Unnecessary hardship and the use of the property. 01:10:02
To support county zoning ordinance requires beauty fuel stations in general commercial districts to obtain conditional use permit. 01:10:05
#5. 01:10:13
Approval the. 01:10:14
Conditional use will not contradict the goals and objectives of the Floyd County Comprehensive Plan. 01:10:15
Because Highlander Point is an economic growth district and is located along with Hwy. 150. 01:10:21
The puzzle provides necessary services to the community and is located in a commercial center. 01:10:26
With the addition of the intersection, there will be adequate infrastructure to serve. 01:10:31
The Board of Zoning Appeals. 01:10:36
Hereby GRANTS the petitioners conditional use at the meeting held on the 12th day of January, 2026. 01:10:38
Approval by the Board is subject to the completion of the following conditions. 01:10:44
It is contingent upon receiving rezoning to general commercial. 01:10:48
That concludes my ballot. 01:10:52
OK, we have a ballot. Do we have a second? 01:10:54
I'll second. 01:10:56
Ballot and 2nd. Any other questions or comments from the board? 01:10:57
I would like to suggest. 01:11:01
Another uh. 01:11:02
Something to the effect of limited. 01:11:03
The limited outdoor sales and displays areas. 01:11:06
Are limited to. 01:11:08
Firewood. 01:11:10
Salt sodas. Ice cream. 01:11:11
Ice, propane and vehicle products so that. 01:11:13
We don't get a whole. 01:11:16
A bunch of other stuff out there. 01:11:18
Does that make sense to anybody or is that necessary? 01:11:20
We do already have uh. 01:11:25
Regulations that prohibit. 01:11:28
Uh, outdoor. 01:11:30
Sells items, except uh. 01:11:31
Restricted to seasonal? Oh, it does have something to that already in there that's covered. 01:11:34
OK. Thank you. 01:11:38
So you retract that? I'll retract my comments. 01:11:39
OK, so we have a ballot. 01:11:42
In a second as presented. 01:11:44
Any other question? 01:11:46
Seeing none all those in favor signify by saying aye. Any opposed like sign. 01:11:47
That ballot passes as well. 01:11:53
OK, moving on with our agenda this. 01:11:57
Evening. Is there anything else? 01:11:59
To come before our board this evening. 01:12:02
Seeing nothing else, I would entertain a motion to adjourn. 01:12:05
I so do make a motion to adjourn Motion second. 01:12:08
Second, all those in favor signify by saying aye aye. 01:12:11
And we are adjourned. Thank you folks for being with us tonight. 01:12:14

Transcript

Event transcript
It is five o'clock 5. 00:00:00
501 actually by by my clock. 00:00:02
I'd like to go ahead and call tonight. 00:00:05
Meaning of the Floyd County Board of Zoning appeals to order. 00:00:08
It is Monday evening, January 12, 2026. 00:00:12
Hopefully those of you are here this evening are all here for this meeting. 00:00:15
And if not? 00:00:19
I don't really know where else you're supposed to be, but we're glad you're here and we're gonna. 00:00:20
We're going to get on to. 00:00:24
Our agenda We'll start with roll call. 00:00:26
Here. 00:00:32
Here. 00:00:34
Here. 00:00:40
Here Umm. 00:00:41
OK. Thank you. SO. 00:00:42
For those of you that are on the agenda this evening, I will let you know that when we do not have a full board. 00:00:44
You do have the option. 00:00:49
If you would like to. 00:00:51
Table your agenda items until such time as we do have a full board. 00:00:52
That is your. 00:00:57
You're right, an opportunity. So if you'd like to do that, let us know. 00:00:59
Otherwise, unless we hear that from you, we'll carry on as as scheduled. 00:01:02
But the first thing we want to do this evening is since it is the first meeting of the new year. 00:01:08
We are going to conduct our election of officers and for that purpose I'm going to turn the. 00:01:13
The meaning Over to Christy Fox, our attorney. 00:01:18
And let her. 00:01:21
Take over that. 00:01:23
OK, perfect. So you guys will be looking at appointing a President, a Vice President. So the first order of business will be? 00:01:24
A motion for president. 00:01:30
I make a motion. Rick Fox. 00:01:33
Is our president from Rick Fox. 00:01:35
Where am I? 00:01:38
Bill White, I'm looking right at you and I think your dad. 00:01:39
Bill White, I'm sorry. OK, We have a motion for Bill White as president. Do we have a 2nd? I'll second. 00:01:42
OK, we have a second all those in favor. 00:01:48
Aye, any opposed? 00:01:50
OK, Bill, you're the president. 00:01:52
OK, so. 00:01:53
With that, I guess I'll take back over. So our next position that we have to. 00:01:56
Elect this evening is our Vice President, so I would entertain a motion for. 00:02:01
Who will serve as our Vice President for this year? 00:02:05
Are you interested? 00:02:11
And being the vice president, Scott. 00:02:13
Sure. 00:02:15
I'm nominate Scott. 00:02:16
Be the vice president. 00:02:17
OK. We have a motion for Scott Whelan to be our Vice President. Do we have a second? 00:02:19
I'll second motion, second all those in favor signify by saying aye aye. 00:02:23
Congratulations, Scott. 00:02:28
I guess I I could give you a chance to vote against yourself. 00:02:29
OK. So thank you folks for indulging us with that piece of business. Before we get going moving on with our agenda tonight, we're 00:02:34
going to. 00:02:38
Get into the minutes. The minutes of our last meeting were circulated in advance. Hopefully everyone had an opportunity to review 00:02:43
those. 00:02:47
And I would entertain any. 00:02:50
Comments, corrections, edits, or additions. 00:02:53
Any comments roll call we need to change? 00:02:57
Christopher, Rick. 00:03:00
Did they say I'm sorry? 00:03:05
Where's that? OK, so on the December meeting minutes, it reflects Rick Fox and I was here in attendance. Thank you for question 00:03:10
that. 00:03:13
Good catch. 00:03:20
Any other things? 00:03:23
I'll make a motion to approve. 00:03:25
OK, we have a motion. Do we have a second? 00:03:26
Second, all those in favor signify by saying aye aye. 00:03:28
And the minutes are passed with the edit as presented. 00:03:32
OK. Looking at our agenda for the evening, we do not have any old business that I'm aware of to come before the Board. 00:03:36
So we will move right into new business this evening. 00:03:42
And before we get started, one thing that we would like to do just for the public's benefit, so you can understand how we operate. 00:03:46
Is I like to ask. 00:03:52
Christy Fox. 00:03:54
Briefly go over. 00:03:56
The the flow of the meeting, how we conduct. 00:03:59
The the affairs here. 00:04:03
So that you'll understand that if you're here to speak in favor or against. 00:04:05
Or if you're the applicant, you'll understand how we how we run the meetings. So Christine, of course. 00:04:09
Of course. So just kind of overview of the procedure in the order for the public hearings that we conduct before this Board, the 00:04:15
1st. 00:04:19
Piece is for the chairman and president to read the agenda docket item alongside the information listed on the agenda. So that's 00:04:23
the calling of that agenda item. 00:04:28
The next would be for the staff to present their staff report. 00:04:33
And compliance with any. 00:04:38
Items necessary for that agenda item. 00:04:40
After that, the petitioner is called for the applicant. 00:04:43
For the agenda item and petitioners called forward and allowed to have 10 minutes to present their application and their request 00:04:47
to the board. 00:04:50
And. 00:04:54
Thereafter, the board members can ask the petitioners questions if they have any at that point in time. 00:04:55
The next piece that we go into are the public comments which get opened up. 00:05:00
Though we will allow for those in favor. 00:05:04
Of the agenda item to speak first, they will have 10 minutes. It's not 10 minutes per person. That is 10 minutes total for all 00:05:07
those in favor. 00:05:11
Of the agenda item. 00:05:15
After that, we moved to those. 00:05:17
People that are in opposition of the agenda item. Again, there's 10 minutes total for all people in opposition, not 10 minutes per 00:05:19
speaker. 00:05:23
And so they get an opportunity to speak after both. 00:05:27
Those in favor and those in opposition are given the opportunity in their 10 minute portions. 00:05:30
The public comments portion of the meeting is closed. That does not get reopened. 00:05:35
Thereafter, the petitioner and the applicant has an opportunity to come back up and respond to any public comments that occur. 00:05:40
That is a 5 minute time period for the petitioner to do that. 00:05:47
After that period of time and if any other questions. 00:05:51
Are requested of the board. The board can ask questions of staff or the petitioner at that point in time. They will then discuss 00:05:54
the case. 00:05:58
A motion or a ballot is called for and brought forward by one of the board members, and then the board takes a vote on that 00:06:02
ballot. 00:06:05
And then that closes that agenda item. 00:06:10
OK. Thank you, Christy. 00:06:13
So moving into our new business this evening. 00:06:15
Tonight's agenda? 00:06:19
We have 5 items on the agenda this evening, all of them related to the same applicant So. 00:06:21
In the interest of time and efficiency, I'm going to ask. 00:06:28
If the applicant. 00:06:33
Is or their representative who may be here this evening if they are OK. 00:06:34
With. 00:06:38
When staff presents their findings, if they cover. 00:06:39
Everything at once. 00:06:43
But then we will go through and vote on each individual item individually. 00:06:45
That way it it it allows us to move through in a in a more efficient manner. Is the applicant here? 00:06:49
Or their. 00:06:56
Yes, good evening. I'm John Campbell with Heritage Engineering. 00:06:58
And yes, we are OK with that. 00:07:02
Format. Thank you, Mr. Campbell. OK. 00:07:04
OK, Billy wanted you to get him on record. He wants to continue. 00:07:07
With the shortboard. 00:07:10
Oh yes. 00:07:12
Sorry. Thank you, Scott. 00:07:14
You heard us say earlier that without a full board, we do have quorum. 00:07:16
But in the event any of your agenda items this evening do not pass. 00:07:20
Then you don't have the opportunity to come back. I believe it's for a year, is that correct? 00:07:24
So if you would. 00:07:29
Would be inclined to delay until we had a full board. That's that's your prerogative. But if not we can move on to schedule. 00:07:30
Yeah, and let me defer to the actual. 00:07:35
Developer of the project, The Kroger Company. And just so they understand, without a full board, all voting members have to be in 00:07:38
support. 00:07:42
Court it's it requires 3. 00:07:46
Three of the members to be in support you just. 00:07:49
Your short 1 member so. 00:07:51
Continue. 00:07:54
Yeah, we're good to continue. 00:07:56
Thank you. 00:07:58
OK, moving right along, we're going to ask Nick Creeby to come forward and share the staff reports and summary. 00:07:59
And then we'll move into each of these individually. 00:08:05
All right, So this will be for docket numbers FC 12253738. 00:08:08
39. 00:08:17
40. 00:08:18
And 41 those are 4 development standard variances and a conditional use application. 00:08:19
The requests regard the property, which is vacant land behind the current JC Food Store between Hwy. 150 and Shriver Rd. 00:08:28
The current zoning district is a PUD RU based zoned. 00:08:38
They will be requesting a general commercial. 00:08:43
And this is in the Highlander Point Overlay district. 00:08:46
The petitioner is JC Food Stores. 00:08:50
Care of the Kroger Company. 00:08:53
The applicant is proposing the development of the property of the three lots to include a grocery or shop, shopping center, fuel 00:08:57
station and a lot dedicated for detention. 00:09:02
Lot A will be 13.9 acres. 00:09:08
B14 point 49 acres and C will be 1.1. 00:09:11
One Acres. 00:09:15
Lot A will be the site where the. 00:09:16
Shopping center. 00:09:19
122,000 Square Feet Marketplace will be located. 00:09:20
Lot B will be the detention center and Lot C will be the side of. 00:09:25
Proposed fuel station, which will include nine pumps. 00:09:29
A lot A&C will be separated by a proposed connector Rd. connecting from Schreiber Road to Hwy. 1. 00:09:33
50 with traffic signal. 00:09:39
A traffic impact study including the project was conducted by Strand for this project and other projects in the area. 00:09:42
The design for the limited access break. 00:09:50
Has been approved by INDOT. 00:09:52
Final approval will come once the design of the intersection is complete, which is a federally funded project. 00:09:55
The county is undertaking in. 00:10:02
We have. 00:10:04
Begun the preliminary engineering of that project. 00:10:05
Technical review committee was conducted. 00:10:10
Conducted for this application as well as the other applications on 10/23/25. 00:10:12
And a plaque committee was likewise held on December 16th, 25 for this project. 00:10:20
The applicant here is requesting several development standards variances. 00:10:26
Primarily focused on the lot A the shopping center, but also applicable to plot C in some cases. 00:10:30
For this application FC-37. 00:10:39
The applicant is requesting A variance to allow less than the required 30% transparent building materials for the front facade and 00:10:44
a commercial zoning district in the overlay zone. 00:10:49
Section at 8 point that's. 00:10:57
Pertaining to section 8.06, E 1. 00:10:59
Of the zoning ordinance, which requires a minimum of 30 foot 30%. 00:11:02
Of the front facade on the ground floor to be transparent material. 00:11:07
Consisting of windows or door openings. 00:11:12
The proposed transparency percentage is 19.18%. 00:11:15
Of the building frontage facing the new connector Rd. 00:11:21
Structure is a single story with 28 foot floor. It's a top. 00:11:24
Of masonry and Max height. Additionally there are parapets at the entrance that extend. 00:11:30
238 feet high. 00:11:35
The staff finds that the approval will not be injurious to the public. Health, safety, morals in general, welfare, welfare of the 00:11:37
community. 00:11:42
The reduction in transparency will not impact public health as the. 00:11:46
Structure will be building code requirements. 00:11:50
The proposal offers substantial transparency at ground level and human scale. 00:11:52
The transparency requirement is primarily an aesthetic standard to improve value and sense of place. 00:11:57
The use and value of the area adjacent to the property, including the variance, will not be affected in a substantially adverse 00:12:04
manner. 00:12:08
Neighboring properties will not be impacted by the percentage of transparency on the proposed structure. It will not create hazard 00:12:12
or nuisance. 00:12:16
The building does. 00:12:20
Does provide substantial transparency at ground level, with the percentages skewed due to the height of the first story. 00:12:21
Additionally, the proposal includes a number of architectural design features to enhance the buildings appearance. 00:12:28
As a result, it's not expected to significantly impact value. 00:12:35
The strict application of the terms of the zoning ordinance will result in practical. 00:12:40
Difficulties in the use of the property. 00:12:44
The use of the structure requires significant stockroom and shelving space for product placement at long exterior walls. 00:12:47
Transparent materials will limit the ability to use the structure for this. 00:12:53
It is not near a airstrip. 00:12:59
And so. 00:13:03
Item 4. 00:13:04
Of Indiana code 8. 00:13:05
2110 pertaining to that code is. 00:13:07
That's not Robert. 00:13:10
For the next request. 00:13:14
FC38. 00:13:16
For this application the. 00:13:18
Applicants requesting to allow parking to be located beyond 60 feet of the entrance. 00:13:20
End of pedestrian amenities. The zoning Ordinance Code section for this. 00:13:26
Is 5.53 A? 00:13:32
If any parking spaces are located further than 60 feet from the primary entrance, a pedestrian connection from the furthest parts 00:13:35
parking space to the primary entrance shall be provided. 00:13:41
Sebrideck pedestrian connection shall be at least 5 feet width and separated from vehicular traffic through curbing, landscaping, 00:13:47
or similar treatment. 00:13:51
Historically, this has been interpreted by staff that. 00:13:57
Parking must be within 60 feet of entrance or 60 feet of a pedestrian amenity to the entrance. 00:14:00
The proposal for a does include two sidewalk walks traversing the primary parking lot, which provides access to the entrance. 00:14:07
But there are parking spaces protect, particularly in the center of the parking lot and on the perimeter, that are still greater 00:14:16
than 60 feet. 00:14:19
Staff finds that the. 00:14:24
Variance approval will not be interest to the public health, safety, morals, and general welfare of the community. Sidewalks are 00:14:26
provided throughout the development that assists for the. 00:14:30
Pedestrians to. 00:14:35
Avoid conflicts with vehicles. 00:14:36
The two column sidewalks provide opportunities for pedestrians to avoid vehicle traffic. 00:14:39
However, additional sidewalk connections are recommended on the. 00:14:44
Perimeter in some areas to reduce distance needed to walk to access. 00:14:48
Test the sidewalks. 00:14:51
The use and the value of the area adjacent to the property include. 00:14:53
Included in the variance will not be affected in a substantially adverse manner. 00:14:57
The proposal does provide the internal sidewalks with connections to the frontage roadway sidewalks. 00:15:02
This will prevent promote connectivity in neighboring. 00:15:09
With neighboring properties and not negatively affect the use and value of those properties. 00:15:12
The strict application of the terms of the zoning earns will result in practical difficulties in the use. 00:15:17
The need for substantial parking due to the use of the primary structure along with the use of the shopping carts. 00:15:24
Associated with that use prohibit extensive parking. 00:15:31
Lot sidewalks. 00:15:35
Shoppers with Clarks. 00:15:36
Carts will be inhibited by safe sidewalk crossings in the parking lot. 00:15:38
Staff recommendations for this variance would be to provide additional sidewalks on the east side of the parking lot. 00:15:42
Parking The east side of the parking located at the side of the building to reduce stock. 00:15:53
Conformity as approved by staff. 00:15:57
And to provide a sidewalk connection from Schreiber Road to the near the entrance sidewalks. 00:16:00
For the next item is FC-39. 00:16:07
This application is. 00:16:12
To request not installing sidewalks. 00:16:15
Hwy. 150. 00:16:18
This pertains to both lot and C. 00:16:20
And is relevant to section 5.52 A. 00:16:24
Is there any ordinance which requires sidewalks installed along all public right aways? 00:16:28
Even if adjacent sites do not have sidewalks. 00:16:35
Staff findings for this. 00:16:37
Or as follows, the approval will not be interested in public health. 00:16:40
Safety, morals or general welfare sidewalks are not recommended. 00:16:44
Along this section of Hwy. 150 at this time. 00:16:48
This section of the highway is high traffic. 00:16:51
At higher speeds and. 00:16:54
Is currently 4 lanes with a divided median. 00:16:56
The adjoining property slopes down significantly along the roadway, making future sidewalks in that area prohibitive. 00:16:59
Sidewalks are installed to direct pedestrians away from the highway into sidewalks located on lower classified roads and. 00:17:07
Internal sidewalks. 00:17:14
The use and the value of the area adjacent to property. 00:17:17
Will not be affected in a substantially adverse manner. 00:17:21
There are currently no sidewalks along Hwy. 150 at this section. It will not therefore impact. 00:17:25
The use and value of the parts. 00:17:30
The strict application of the terms of the zoning ordinance. 00:17:34
Will result. 00:17:37
Practical difficulties in the use of this property. 00:17:38
Staff does not recommend sidewalks along Hwy. 150 at this location, directing pedestrians to this section of development to create 00:17:41
a hazard. 00:17:45
The use of the property would be inhibited by the hazardous conditions. 00:17:50
Staff has no recommendations for that request. 00:17:54
The item 40 FC 40 that plant is requesting another variance. 00:17:59
This is. 00:18:07
Primarily lot A, but also. 00:18:09
To be C. 00:18:12
No, just bought egg on this one. 00:18:15
This is for signage the applicants requesting to exceed the 200 square foot maximum signage requirement for the Lot A. 00:18:18
The proposal is for 427.8 square feet. 00:18:27
Section 5.27 of the Ordinance. 00:18:32
Section A. 00:18:35
Is where this item is addressed, which allows 2.5 square foot. 00:18:36
Of sign area for. 00:18:41
Everyone linear feet. 00:18:44
Of Front facade, but it imposes a. 00:18:46
Maximum of 200 square feet. 00:18:49
Uh, and. 00:18:54
Staff findings for this request are. 00:18:56
That the approval will not be interest to the public health, safety, morals and general welfare exceeding the signage maximum. 00:18:59
Will not create a hazardous circumstance to lie to air, sound, or any other physical condition, and the scale of the structure 00:19:05
warrants greater signage. 00:19:09
The use and value of the area would not. 00:19:13
To the to the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. 00:19:18
The additional square footage is consistent with larger scale primary structure signage and nearby commercial properties at 00:19:26
Highlander Point have also been approved for extra signage. 00:19:30
FC2232 and. 00:19:36
91742 or two cases where that occurred. 00:19:38
And additional signage therefore, at this property will not adversely impact neighboring properties. 00:19:44
And then the strict application of the terms of the zoning ordinance will resolve practical difficulties in the use. 00:19:51
The structure is a large scale and has a side facing a highway. 00:19:56
Smaller signage will. 00:20:00
Signage will restrict visibility to faster moving traffic. Additionally, signage is needed due to the size. 00:20:03
To direct customers to the drive through performance and pick up locations. 00:20:10
Which may be confused or not need. 00:20:15
Not seeing the smaller signage. 00:20:18
Staff has no additional recommendations for that. 00:20:21
Application. 00:20:24
Finally we have the conditional use application. This is FC 41. 00:20:26
For this application, the applicant is requesting A conditional use for the fuel station on lot C. 00:20:31
Convenience store. 00:20:38
With fuel pumps, our conditional uses in the zoning ordinance. 00:20:40
For the General Commission. 00:20:43
Commercial district in Floyd County. 00:20:45
Staff comments are that the use will not be injurious to the public health safety laws. 00:20:49
The welfare of the community. 00:20:53
The use as the fuel station is appropriate in a commercial district and will not create hazardous conditions to adjacent 00:20:55
properties. 00:20:58
There's clear access to the property and no environmental concerns. Fuel tanks will meet building and environmental. 00:21:03
Code standards. 00:21:08
The use and value of the area adjacent to the property will not be adversely affected. 00:21:10
The adjoining properties are a shopping center and a vacant lot for detention. 00:21:15
It is also located along Hwy. 150. This is a common location for this use and would not be expected to lower. 00:21:19
Property values or inhibit use. 00:21:25
The need for the conditional use does result from. 00:21:28
Conditions unusual or peculiar to the property. 00:21:32
The property is located adjacent to a large shopping center which commonly Co locates fuel stations. 00:21:35
It is also along Hwy. 150. 00:21:41
In the zoning ordinance permits fuel stations in general. 00:21:44
Commercial district districts as a conditional use. 00:21:47
The strict application. 00:21:51
Of the terms of the ordinance will result in unnecessary hardship. 00:21:52
In the use of the property. 00:21:57
Again, the The ordinance requires fuel stations to receive a conditional use. 00:22:00
In general commercial. 00:22:05
Districts. 00:22:06
Approval of the conditional use will not contradict the goals and objectives of the Comprehensive Plan. 00:22:08
Highlander point is an economic growth. They're still strict in the category along Hwy. 150. 00:22:14
The proposal provides necessary services to the Community. 00:22:19
And is located in a commercial center. 00:22:23
With the addition of the intersection there will be adequate. 00:22:26
Infrastructure to serve it. 00:22:28
Staff recommendations is approval. 00:22:30
Contingent upon receiving the rezoning of general commerce. 00:22:33
Those are the applicants before you tonight if you have any questions regarding any other. 00:22:36
I can answer this now or. 00:22:43
I can answer them as. 00:22:45
I have one question. Yes. 00:22:47
The current. 00:22:49
They have added a temp. 00:22:50
What I call it temporary or rotating sign? 00:22:52
That's vinyl or something that sticks up there and they change it every so often. Right now it says fuel. 00:22:55
Prices on it and it's just it's not a normal sign. 00:23:01
It looks so. 00:23:05
If my question is. 00:23:06
Under this new building, they would have to come back and ask permission to put up these. 00:23:10
Large, temporary. 00:23:14
Sounds like they've hung on to JC now would they not? 00:23:16
I'm not aware of that. 00:23:19
Sign, but it sounds like. 00:23:20
It's a big vinyl sign that that. 00:23:23
I've had two different things on it now in the last few months so. 00:23:25
It's off to the left over by the pickup area. 00:23:29
For us. 00:23:34
But I'm just saying. 00:23:35
It's but it's a temporary to me. I call it temporary because it's made out of like a material or something. 00:23:37
So it's like a banner? Yeah, like a banner. We can, we can maybe ask about that when they come up in a moment when we hear from 00:23:44
the applicant. 00:23:47
But I. 00:23:51
I'm curious as to. 00:23:53
I would have to take a look at that sign to know if it's a. 00:23:54
Permitted Sign in or. 00:23:58
Ordinance I can show you a picture of it if you're interested. Now the the signage that they have proposed. 00:24:00
As a part of this application, is all permitted sign types. 00:24:07
In our ordinance. 00:24:11
They wouldn't be able to do that one. 00:24:15
Oh yeah, yeah, that's temporary. 00:24:18
That would be a temporary sign and and. 00:24:26
Woodward wire permitting if it's beyond a certain square footage. 00:24:28
OK, Yeah. 00:24:32
That's what I assumed, but I just wanted to be sure. 00:24:33
Other questions for Nick? 00:24:36
Nick, real quick on the. 00:24:38
The connecting sidewalks, those. 00:24:39
They had, like you said, it has to be physically separated, so a curb or raised. 00:24:41
Not just. 00:24:47
Different material or painted lines, right? 00:24:48
When you say the connection in the in the parking lot, within the parking lot, yes, those are are to be raised, they planned that. 00:24:51
Have those to be raised for safety purposes, Yes, OK. 00:24:58
OK, so we've heard from staff. 00:25:05
Would be represented for the applicant come forward and for the record please state your name and address. 00:25:08
Yes. 00:25:12
Good afternoon. I'm John Campbell with Heritage Engineering. 00:25:15
The address is 603 N Shore Dr. Ste. 204. 00:25:19
Jeffersonville, IN. 00:25:24
47130. 00:25:26
I did prepare. 00:25:29
Kind of a rolling PowerPoint presentation, but I did. 00:25:31
Add in break points if we want to. 00:25:34
Stop in between these requests and give the. 00:25:36
Members in the audience and absolutely come up and speak. 00:25:40
Sure, if you don't mind, Sean. 00:25:42
For the audience benefit since we're. 00:25:45
Consolidating, trying to be efficient with their time. 00:25:47
I think Christy earlier went over the normal procedure and how. 00:25:50
Things flow in the time allotments, but because we've got. 00:25:54
Five different pieces. 00:25:57
To address this evening. 00:25:59
We, we will expand those times and I, I don't anticipate, given the size of tonight's crowd, we'll need a whole lot of expansion, 00:26:01
but we'll make sure that. 00:26:05
That those that are here that have things to. 00:26:10
To ask about. 00:26:12
Or be heard. We'll have that opportunity. So, so, so. 00:26:14
Sure. Let's let's go ahead and see what you have. 00:26:18
Do you want me to kind of go through the whole presentation? Yes. We'll proceed through the whole thing and then move into public 00:26:20
comments after them. 00:26:24
Perfect. Thank you. 00:26:27
Also with me tonight is Savannah Miller. Savannah is a architect and land planner with our firm Heritage Engineering. 00:26:35
And then I do have Kroger representation, Kerry King and Danny Ryan, who are. 00:26:42
Construction. 00:26:48
Project managers as well as Lisa AM. 00:26:49
Who is the real estate agent or director of real estate for this division? I'm not sure if she's here yet or not, but she should 00:26:53
be coming in shortly. 00:26:57
I just want to take a minute up front to kind of give an overview of the actual project for your benefit and certainly for any 00:27:05
neighbors benefit. 00:27:09
So this is for development of a proposed JC marketplace, grocery and fuel center. 00:27:14
The store is 123,000 square feet and that will include. 00:27:20
The Pharmacy of Wine and Spirits section, as well as a Starbucks. 00:27:25
The fuel center will have a walk up kiosk very similar to the one just down the street, and this location proposes 9. 00:27:30
The plan does fully comply with the lot coverage requirements of your code. 00:27:39
And we are providing a fully compliant landscape plan. 00:27:44
With this project. 00:27:49
As noted in Nick's presentation, there is a. It is part of the property. 00:27:50
Or the project, but it is a separate lot. 00:27:56
That is specifically for detention as well as just kind of a general open space landscape area. 00:27:59
This is that plan. 00:28:06
To the top of the page. 00:28:08
Is Hwy. 150. 00:28:10
And then at the bottom of the screen is Schreiber. 00:28:12
Road there. 00:28:16
The existing JC would be there on the right side, just off the. 00:28:18
Area that's colored in green there. 00:28:22
So the main parcel is the grocery parcel there in the middle with the parking kind of facing to the South or to that proposed Rd. 00:28:25
A. 00:28:29
And then the fuel center is there at Hwy. 150. 00:28:34
The new proposed row day. 00:28:39
These are the building elevations. 00:28:42
In the event the neighbors haven't seen those, it is a. 00:28:45
A new design. 00:28:49
A lot of different changes of materials, but you can see there. 00:28:51
As well as changing in color and textures to provide banding. 00:28:55
It really is a nice attraction. 00:28:59
The building that is the front view. 00:29:01
Front elevation there to the top, which is what will face. 00:29:05
To the South, that. 00:29:09
The internal parking lot, Rd. A. 00:29:10
And then they're on the left side is what would be along Schreiber Rd. 00:29:13
This is the rear elevation on the top of the page. 00:29:19
That would face to the north. 00:29:23
Predominantly kind of an existing trade area. 00:29:25
Although I think there is one residence, there are longer. 00:29:30
Shriver Rd. 00:29:32
And then to the bottom of the page there is the right elevation, which is going to be what? 00:29:35
Would be facing on Hwy. 150. 00:29:40
So the first request was. 00:29:43
For the development standards variance to. 00:29:45
Not require that 30% window transparency there along the front facade. 00:29:48
Staffs justification or summary other justification and their own findings was. 00:29:54
Very well represented. 00:30:00
This is kind of showing that front of the store. 00:30:02
I do want to point out while we're not at the 30% requirement. 00:30:06
Kroger did. 00:30:12
Add to what is their typical front facade and they added. 00:30:13
Not only does it have the enhanced facade. 00:30:18
And the change of materials. 00:30:21
The changing of color and block patterns to to provide that. 00:30:23
Added benefit to the Highlander point requirements. 00:30:28
But they did actually add additional windows which you can kind of see there to the right of their their main entrance, which is 00:30:31
that portion that has the JC there. 00:30:35
Parts of the reasons that this is difficult for them to do. 00:30:41
And I think Nick. 00:30:45
Touched on these. That was in our justification to. 00:30:47
The overall size of this type of store and the facade, it makes it very difficult to get to that 30% just based on the height 00:30:50
there with the. 00:30:54
Kind of the prominent entryway. 00:30:58
But additionally, the second part of this is internal to the store. 00:31:00
These stores are laid out with shelving, freezer unit storage all around the perimeters. 00:31:05
Including even on that front side so. 00:31:12
While they have found opportunities to push those things to the side and create. 00:31:15
A good percentage of that window requirement. 00:31:19
And we just cannot get to the true 30%. 00:31:22
So we're asking for this development standards variance from you. 00:31:25
I had paused here for questions, but I'll just keep going to the next item. 00:31:30
Request #2 which was to. 00:31:35
Remove the requirement of the sidewalk. 00:31:38
That is located within 60 feet of. 00:31:40
Parking spaces. 00:31:43
And that's again, as Nick said, the way staff has interpreted that. 00:31:45
If if a parking space is farther than 30 feet from the building at drive. 00:31:49
So in order to accomplish that, we would need to. 00:31:55
Go into this design and add at least. 00:32:01
Three more sets of or three sets of walks. 00:32:05
Went to the top. 00:32:08
One in the middle and one at the bottom. 00:32:10
What we did provide is 2. 00:32:13
Prominent walks through the middle of the site, connecting in close proximity to the entrances to the development. 00:32:16
And that's. 00:32:22
Those yellow areas that you see there cutting through the parking lot. 00:32:24
We did widen those to be a minimum of seven feet wide. They will be raised concrete walks. 00:32:29
We do include when we have these sidewalks through parking lots. 00:32:36
A couple kind of step down areas with some striping and that's for cart shopping cart to bypass. 00:32:41
Our experience has been. 00:32:49
Regardless of where you put these customers are going to come out, they're going to go down the wrong aisle. 00:32:52
Realize they need to be over there. 00:32:57
Without that pass through it creates A nuisance and more kind of hazards to walk and go around so. 00:33:00
We can capture those areas in these two walks. 00:33:06
But we felt like having it at that code requirement. 00:33:10
It would. It would just. 00:33:14
Eat up a lot more parking and create a lot more of that nuisance. 00:33:15
Because again, we would have to have at least three more sets of water. 00:33:20
As a compromise, we're proposing A wider walk entrance. 00:33:25
Drop down the areas that we are asking for that variant. 00:33:29
But not provided in in the true definition of the code. 00:33:32
The next item was the sidewalk along Hwy. 1. 00:33:38
50 I think this. 00:33:42
Fairly straightforward. 00:33:44
That's a four lane divided highway intended to move traffic. 00:33:46
What I do want to show you here though, so at the top of the page, the sidewalk. 00:33:51
To be provided along Hwy. 1. 00:33:56
50. 00:33:58
That is the waiver that we are the variance that we are asking for. 00:33:59
But what I am showing is the. 00:34:03
Commitment to provide those. 00:34:06
Public area side. 00:34:08
Along Schreiber Rd. as well as sidewalks to be provided along proposed Rd. A. 00:34:11
I did go ahead and leave on the internal sidewalks through the parking lot to show that connectivity. 00:34:17
With the parking areas there. 00:34:25
I think I understood Nick to say staff's recommendation is to make a connection. 00:34:27
Which we sort of have the beginnings of a stop there if you look along the front of the main grocery. 00:34:34
The sidewalk that runs all along the front, they're kind of top to bottom. 00:34:41
We've provided a stub to the South, however we did not show that connection at this point. 00:34:45
And the only reason I've not shown that is we haven't fully finalized their grading to be able to determine. 00:34:52
How? 00:34:58
Feasible it is to make that immediate connection. 00:34:59
And what I am showing though is that we are still providing a route out to Schreiber Rd. It would just be more. 00:35:03
Through the parking lot to Rd. A and then down. 00:35:11
So I look to staff or your recommendation on what you want that to be? 00:35:14
There may be a scenario where we can make that connection. We would just ask that. 00:35:20
If it is a requirement. 00:35:25
Grading and how that connection could function can be taken into consideration. 00:35:28
And if it just doesn't work from a grading standpoint. 00:35:33
We would prefer not to make that connection. 00:35:36
And then the the next item was the signage component. 00:35:42
For this project. 00:35:47
As part of. 00:35:50
Any Kroger project we do. 00:35:52
An overall signage and brand book and. 00:35:55
In working with staff, we've talked about the investment being made here and the commitment of Kroger through this JC store. 00:35:59
And the desire to have some. 00:36:07
Some connectivity to the public to invite people in and then once they're in to let them know. 00:36:10
Internal to the side and as part of this kind of where they need to go for example. 00:36:17
In that top left corner, which would be the. 00:36:22
The right rear corner of the store is the grocery pickup area. That's for online ordering. 00:36:25
We just want to have a little bit of signage there to pull people back to that corner so when they come into the store, they know. 00:36:33
Additionally, the store will have a pharmacy, so we've got a little bit of pharmacy canopy signage. 00:36:40
The other. 00:36:48
Signage that we've requested. 00:36:49
And these are kind of pointing them out there, but the. 00:36:51
On the front of the store, there is a Starbucks in the store. 00:36:54
And from a code standpoint it is one building with one use, but it is a separate tenant. 00:37:00
Even though it's open internal to the store. 00:37:06
So it's very important for them to have that brand identification on the store. 00:37:09
Kind of as that dedicated Starbucks store. So that's what this slide is showing here. 00:37:14
And then I. 00:37:21
I kind of went a little bit out of order, so this is showing the side of the store. 00:37:24
Which would be the RX. 00:37:29
Pharmacy. 00:37:32
The pickup in the rear back corner. 00:37:33
And then additionally. 00:37:36
We wanted some. 00:37:37
Presence to Hwy. 150 with that being your primary through thoroughfare for commercial traffic. 00:37:38
So we've also requested to have that JC logo there on the side of the store. 00:37:45
We do have two monument signs proposed and at each corner for each of the two lots. 00:37:52
And those are in compliance with the code requirements, so there's nothing. 00:37:58
Being requested there outside. 00:38:02
And then the fuel center is in compliance, so. 00:38:05
I did not show any of the fuel center signage. 00:38:08
I do have a print out of that full brand book if anyone would like to see it. I can certainly share that might be a little easier 00:38:12
to flip through. 00:38:16
And better see that signage than trying to see it on the screen. 00:38:20
And then the last request, item number 5 is a conditional use permit to allow for the JC Fuel Center. 00:38:26
This, as mentioned previously, will include nine pumps and. 00:38:33
Those 9 pumps are double sided so it's actually 18 fueling. 00:38:38
Spots but it's only 9 pumps. 00:38:42
It does include the walk up kiosk. 00:38:45
And that is proposed there on that outline. 00:38:48
So this is showing the location of that fuel center there? 00:38:51
It is pushed up to Hwy. 150. 00:38:55
As Nick noted, that is your primary commercial corridor there up in the. 00:38:59
Corner, and that is where the proposed traffic signal is. 00:39:04
Which is in our opinion the best location. 00:39:08
Pull people off of that road, give them easy access for fuel and then an easy out. 00:39:12
This is kind of the overview of that again, showing Hwy. 150 to the top of the page. 00:39:18
The proposed traffic light there on the right side. 00:39:25
Proposed Rd. an to an internal connector road and then access is provided there. 00:39:29
To the bottom of the fuel center, kind of in between that fuel center and the primary Kroger parking lot. 00:39:35
These are the elevations that I had mentioned showing the signage, but also just the general elevation. 00:39:43
Of that fuel center. 00:39:50
And again, this will the fuel center will share this monument signage with the main grocery. 00:39:54
At each other, who's 2 intersections? 00:39:59
With that, that was the last item I had. We do. 00:40:03
Welcome any questions you may have. 00:40:07
Yeah, I've got 3 questions. 00:40:13
What do you anticipate? A start date? 00:40:15
When do you anticipate A completion date? 00:40:18
And what's the current square feet of the existing building? 00:40:21
I'll answer the first two, and by the time I'm ready for the third, they may have an answer for me on the existing bill. 00:40:25
The start of this store is tied to completion of the curb. The curb cut on Hwy. 150. 00:40:32
In the installation of the traffic signal. 00:40:40
It is my understanding that that is currently. 00:40:43
The the current plan timeline. 00:40:48
Assuming all the funding happens in the order that it's planned. 00:40:51
With the completion in 2028. 00:40:54
So start of the and. 00:40:59
Update the second part of your question. How long to complete is about one year. 00:41:01
So most likely the well the store will not open before completion of that traffic signal in the intersection. 00:41:06
Most likely we would start construction. 00:41:13
Approximately 1 year prior to that, so that is planned to open. 00:41:16
In that. 00:41:21
2028. 00:41:22
OK then, then. 00:41:24
The existing store I. 00:41:29
I will say it is significantly smaller than this, right? 00:41:31
If. 00:41:35
There you go, 43,000 square feet. 00:41:36
Other questions? 00:41:43
Yes. 00:41:45
On the fuel station. 00:41:46
The outdoor sales and displays I'm assuming that would be similar to. 00:41:48
The current one that has firewood and. 00:41:53
Bags of salt. 00:41:55
So does some. 00:41:56
Vehicle products, propane and ice and that would be what it would be pretty much limited to the extent of it, yes. 00:41:59
OK then. 00:42:05
Can you go back to your signage on the right side of the building? 00:42:06
Yes, Sir. 00:42:10
And I still owe you an answer on that banner sign that you brought up. I'll. 00:42:11
I'll come back. I just, I was more curious from his. 00:42:16
From our standpoint, whether those require permit or not. 00:42:19
But that's. 00:42:22
So down here in the bottom right corner you have a. 00:42:25
Sign E that says pick up. 00:42:29
Yes. 00:42:31
And I'm OK with it's it's. 00:42:32
It's white letters on the Gray. 00:42:33
But the detail. 00:42:36
Picture of that. 00:42:38
Is on. 00:42:39
I so my question is, is it? 00:42:40
I'm assuming that's going to be. 00:42:43
Gray like it's on the. 00:42:45
The right elevation, not red like the detail. 00:42:47
That is correct and I've. 00:42:51
Confirm that when I when I got that brand book, I asked the question of. 00:42:53
Our representative there with Kroger, he said. It was an oversight on their part, but we were rushing to get. 00:42:57
I'm OK, I just wanted to verify that on the record. 00:43:03
Yes, that will not be painted red, it will be that. 00:43:07
The material you see there is what they've committed to. 00:43:11
That was my two questions. 00:43:17
Any other questions? 00:43:19
Mr. Campbell. 00:43:21
OK. Thank you. Thank you, Mr. Campbell. 00:43:24
OK. We've heard from staff, we've heard from the applicant. 00:43:31
We are now going to close those sections of the meeting. 00:43:34
And we are going to open our. 00:43:37
Public comment. 00:43:40
Is there anyone here this evening that? 00:43:41
Mr. Campbell, did you have something else? 00:43:43
I was just getting into that screen. 00:43:45
We are going to. 00:43:50
Open the floor for public comment if there's anyone here this evening. 00:43:51
That would like to come forward and speak in favor. 00:43:55
Of this. 00:43:57
These these petitions, please come forward now. State your name and address for the record. 00:43:59
Come forward, Sir. 00:44:04
Dan Schmidt, 4067 Fusco Rd. Floyd Knobs. 00:44:08
One question I. 00:44:14
I can kind of barely see it on the. 00:44:15
On the site layout there. 00:44:18
It looks like there is. 00:44:19
When you're coming from. 00:44:22
Mount Saint Francis Inn. 00:44:24
There is a great lane. 00:44:26
Into the parking lot. 00:44:28
Is there going to be a left turn lane? 00:44:31
Going toward Mount Saint Francis. 00:44:34
In that new. 00:44:37
Layout with the. 00:44:39
Traffic light. 00:44:40
That's it. Let's let. 00:44:42
I would say. 00:44:44
Unless Nick knows the answer, I would say let's have him say his comments and then we can let Mr. Campbell come back up during his 00:44:45
section. 00:44:48
You know, left way turn lane approaching or on Hwy. 150, Highway 150. In other words, it looks like there is. 00:44:51
A turn lane. 00:44:59
Coming from Mount Saint Francis. 00:45:02
I'd have to. I'd have to look at what was approved by anyone. You can't hardly see that media. 00:45:04
Yeah, there for if you're leak coming from. 00:45:09
I'm thinking there is, but I don't remember. I don't have a copy. Yeah. You can't see if there's a turn lane there. 00:45:13
I know what you're talking about. 00:45:20
I'm thinking there is Nick but I can't remember for sure. 00:45:23
So what was approved by and not did have a head left. OK, OK. 00:45:27
There is there was time where they were. 00:45:32
Looking to do an hard cut there with the intersection there. 00:45:35
OK. 00:45:38
That I'm fully in favor of this thing. 00:45:41
I shop at that JC food store. 00:45:44
And it is so crowded. 00:45:47
99% of the time that I go there so. 00:45:49
I'm in total favor of it and I'm glad. 00:45:52
It looks like the staff of. 00:45:55
Urals has done a fantastic job going through and looking. 00:45:57
At all these and. 00:46:01
Making appropriate approvals the way it sounds to me so. 00:46:03
Thank you very much. 00:46:06
Thank you for your feedback and your question. 00:46:08
Anyone else who would like to come forward and speak in favor, the gentleman was first. And we'll come to you, Sir. 00:46:10
Please come forward, state your name and address for the record. 00:46:16
Preston Vincent live on 6100 Old Vincennes Road and. 00:46:19
Boys knobs, Yes, fully approved as well. Two questions. 00:46:22
One is to do with sidewalks, so it's not on there. 00:46:26
So there was yellow lines and this would be vertical here on the proposed Rd. A. 00:46:29
The new, the new structure, and then a yellow line for the old. 00:46:35
With no connection, even though there's just little Rd. that's next to two vertical. 00:46:39
Yellow. 00:46:45
Walkways or sidewalks? 00:46:47
Why is there no connection? 00:46:49
Let's do this just in the interest of time. So typically the way this works is when people come and speak for and against, they 00:46:53
speak to us and then. 00:46:56
After we're through, then we let the applicant come back. 00:46:59
Otherwise, we're going to be going back and forth. No, it's fine. We understand. We're we're fine with that. 00:47:02
We just want to make sure that Mister Campbell will make notes and we'll have notes and we'll make sure we we address that. 00:47:07
Did you have another question? Second one is? 00:47:12
For Schreiber Rd. 00:47:14
It's it's been improved up to a certain point. 00:47:15
And then it's quite a disaster afterwards, all the way up to Luther. 00:47:19
So this obviously allows for some more improvement to happen to this new. 00:47:23
Proposed a. 00:47:27
Is. 00:47:29
New improvements going to stop there or what is the county going to do about improving the whole Schreiber Rd. up to Luther? 00:47:31
Because I have a feeling adding a light is going to make more traffic go on traffic road to avoid lights. 00:47:37
Good question. We'll come back to that. 00:47:44
Is that it? Yeah. 00:47:47
Thank you, Sir. 00:47:48
I think, Sir, you were. 00:47:49
Come on up now and ask, and then they'll answer. 00:47:53
Later. 00:47:56
So if you will come forward, state your name and address please for the record. 00:47:58
John Nectar 3043 Fairway Dr. 00:48:01
First question is where is the existing JCS on your aerial elevation? 00:48:05
And the second question is, will there be access? 00:48:11
From the existing. 00:48:14
Shopping center. 00:48:16
Where you have the tumbleweed, the hardware store, etc. 00:48:17
To the new JC. 00:48:20
There's no connection. 00:48:22
There's no connection. 00:48:24
There'll be two separate developments. Yes Sir. 00:48:25
OK your your existing for just for. 00:48:28
43 The existing JC is over here. 00:48:32
OK, so it's right here. 00:48:37
What's going to happen to the old JCS? 00:48:39
The owner. 00:48:42
Thank you, Sir. 00:48:45
OK, is there anyone else here this evening that would like to come forward and speak in favor? 00:48:48
Of these requests. 00:48:53
Seeing none, we will close that section of the meeting and we will go into. 00:48:56
The umm, uh. 00:49:00
Section allows anyone here. 00:49:02
That would like to come forward in opposition. 00:49:04
Come forward and. 00:49:06
And address that. Please come forward Sir, state your name and address for the record. 00:49:07
Charles Murphy I'm an attorney and. 00:49:15
Here in New Albany, my office is at 430 W 1st St. 00:49:17
Not sure it's exactly opposition, but maybe some more questions. I represent the. 00:49:22
Owners of the present building, the JC. 00:49:27
And when you say? 00:49:32
Well, let me go back. 00:49:35
The the reason for the. 00:49:37
For zoning and the ordinance and the standards you set forth. 00:49:39
Is an order to. 00:49:43
A lesson or avoid congestion on public ways. 00:49:45
And to recognize unique natural characteristics. 00:49:49
In addition. 00:49:54
To in order to change the standards. 00:49:55
You must find that the approval will not be interest to the public health safety morals. 00:49:59
In general welfare. 00:50:04
And the strict application of the terms of the zoning ordinance will result in practical difficulties. 00:50:05
Also that it will not affect. 00:50:12
The value of the. 00:50:14
Of adjacent properties. 00:50:17
Well, it's kind of hard to say. You're not going to affect the adjacent values. 00:50:19
When you're taking one JC and putting it on a different piece of property. 00:50:23
What's going to happen to the JC? 00:50:28
What's going to happen to that? 00:50:30
Fuel center that. 00:50:32
Is there are they're not going to keep both stores, They're not going to probably keep both fuel stations. 00:50:33
So but also. 00:50:40
In talking about the actual development standards. 00:50:43
The one about transparency. 00:50:47
And also the one about parking. 00:50:49
It's not that these are practical difficulties for them to build the store. 00:50:51
This is more. 00:50:58
Not that we can't. 00:50:59
But that we don't. 00:51:02
Want to and that's not the standard. 00:51:03
The standard is that they can't. 00:51:06
Do it. 00:51:09
And they can make these stores. 00:51:10
Do what the development standard is. 00:51:12
They can put in the additional sidewalks. 00:51:15
And for goodness sakes, when we're talking about safety in. 00:51:18
And of the public. 00:51:22
With all the. 00:51:25
I guess maybe because I was involved in an accident recently, got hit. 00:51:27
I guess we know there's so much distraction driver. 00:51:31
That to not have these safety standards upheld. 00:51:36
In a parking lot. 00:51:40
Does put the public at? 00:51:41
Risk. 00:51:43
In addition. 00:51:45
In establishing the Highlander. 00:51:47
Gateway Overlay District. 00:51:50
You were looking for a planned basis. 00:51:52
For the eventual growth of business and development that would be attracted to this area. 00:51:54
Edition You also did the Scriber Rd. 00:52:00
Plan and others with new traffic light and patterns. 00:52:03
Were implemented to try and handle. 00:52:06
The additional traffic. 00:52:09
And I guess you have to ask yourselves. 00:52:11
With this one just one entrance. 00:52:14
With this one stoplight. 00:52:17
Are we putting ourselves back into the same problems? 00:52:19
We just tried to solve. 00:52:23
John Neese, who is one of the owners of this property. 00:52:28
Was recently quoted in the Tribune as voicing strong opposition to a proposal. 00:52:33
On. 00:52:38
And he has said if you believe the Tribune got it exactly right. 00:52:41
You can hardly turn in and out of there at certain times of the day. 00:52:45
Adding 26 more dwellings, or 27 if you could move that one. 00:52:49
You're talking about adding 60 to 70 cars. 00:52:54
Most of those people are going to work at the same time as everybody else. 00:52:57
He is worried that the development would harm what he describes as a nice area. 00:53:01
Saying we got to take human beings into account at some point. 00:53:06
I think we need to take into mind. 00:53:12
What this development would do? 00:53:15
Yeah, everybody wants a new store. 00:53:18
Thereby once more. 00:53:21
But what's it going to do to the existing stores? 00:53:23
What's it going to do to the existing traffic patterns? 00:53:26
Thank you for your time. 00:53:29
Thank you, Mr. Murphy. 00:53:31
Is there anyone else here this evening that would like to come forward and speak in opposition? 00:53:34
Raise any concerns. 00:53:39
OK, seeing none. 00:53:44
We'll invite the applicant representative to come forward again. 00:53:46
Respond to those things that we've just heard. 00:53:49
Thank you, Chairman. 00:53:52
I think the. 00:53:56
Question about the turn lanes at the traffic signal was answered by staff. 00:53:57
And our submitted development plan does reflect what was described, which we had received from Strand Engineering, who's doing the 00:54:03
design on that? 00:54:07
I think it was a gentleman named Vincent that had asked about. 00:54:13
The overall sidewalks. 00:54:18
And I. 00:54:21
Kind of need to ask for clarification and I think he may have been describing the Shriver Rd. 00:54:23
Piece that's not. 00:54:29
Shown down there. 00:54:30
Verticals here and no. 00:54:35
Access I'll across the road. 00:54:37
Gotcha. 00:54:40
Proposed Rd. A is a new. 00:54:42
On this plan it runs up down, but it's a new East West connector between. 00:54:45
Hwy. 150 and Shriver Rd. 00:54:50
The open space and the detention is. 00:54:53
To the right on this plan or to the South of that proposed Rd. 00:54:56
That is more of a green area, landscape area. Not really. 00:55:01
Something we're inviting the public to go and use, or not seeing a need for anyone in the Kroger to. 00:55:05
Gaining access over there. 00:55:12
Of what this plan will have along Schreiber Rd. 00:55:14
We are providing the sidewalks down to the intersection. 00:55:18
There is shown on our plan and there will be a crosswalk. 00:55:22
To provide that safe connectivity. 00:55:26
We have not shown a crosswalk at the traffic signal because that's not part of our plan. That's the Strand. 00:55:29
Project but I. 00:55:35
Would hope they are including it but I haven't. 00:55:37
That so either way we provided that safe connectivity down at the intersection. 00:55:40
And we would not want. 00:55:46
While there is a possibility someone could cross the road, we don't want to create that crossing. 00:55:47
Mid block or midpoint so. 00:55:53
Hopefully that answers your question. 00:55:56
Get your comfort you you wanted there. 00:55:59
And then? 00:56:03
That was about the sidewalks. 00:56:06
As far as the improvements, the Schreiber Rd. 00:56:09
Our discussions with Nick and and the planning department is. 00:56:13
While there is no funding to improve Sharper Rd. I think it is on a long term plan to make improvements. 00:56:18
But at this time, there's no commitment to do that from the county. 00:56:25
We do hope as this is developed, that will provide the kind of the economic engine to make that happen so. 00:56:29
And then? 00:56:39
Mr. Hector had asked about the existing JC. 00:56:41
And if there was a connection between this development and that one and I think it was answered. 00:56:45
Pointed out on the screen, so I won't elaborate on that. 00:56:51
And then Mr. Murphy, representing the existing shopping center owner. 00:56:55
Had raised. 00:57:00
Questions as to the justifications for the improvements. 00:57:01
We did outline those. 00:57:05
Items in our letter of explanation as to why we do think they're justified. 00:57:08
We feel like staff has aligned of those items and and provide their support for this. 00:57:13
So we ask that the Board recognize those items in our presentation and consider that for approval. 00:57:19
As and then the last item I recall him. 00:57:26
Raising an issue or concern with the traffic of this road. 00:57:30
Strand has done the necessary traffic study, big picture Strat traffic study. 00:57:34
Not only specific to our site, but the entire area. 00:57:39
I will say from my experience, connectivity is key to relieve traffic there. This will certainly be a growth area. 00:57:44
But this is providing a new connection. 00:57:52
Between Hwy. 150 and Schreiber Rd. which we see as being not only a benefit for this development. 00:57:55
But the entire area, including the shopping center adjacent to us as another Ave. and a route in and out of their department. 00:58:01
With that I. 00:58:10
Request or I'll answer any follow up questions and then I request. 00:58:11
Favorable approval of these items. 00:58:16
Other questions? 00:58:18
The applicant. 00:58:20
Thank you, Mr. 00:58:24
OK, we will. 00:58:26
Close the public comment section of the meeting and move into ballots. 00:58:28
And as we said at the beginning, we will have 5 separate ballots. 00:58:33
So do we have? 00:58:37
One, yeah. 00:58:39
Should we have a ballot? 00:58:41
I do. 00:58:43
Docket FC12-205-37. 00:58:45
37 petitioner JC Food. 00:58:49
JC Stores. 00:58:51
After careful review, the board finds that upon approval of the variance will not be interest to the public health safety morals. 00:58:53
And general welfare of the community. 00:59:00
Because the reduction in transparency will not. 00:59:02
Impact public health as the structure will meet building code requirements. The proposal. 00:59:05
Offers transparency at ground level. 00:59:10
The transparency requirements is primarily an aesthetic standard to improve value. 00:59:13
#2 the use and value of the area adjacent to the property. 00:59:18
Including the parents will not be affecting A substantial adverse manner because the use. 00:59:21
Of the neighboring properties. 00:59:26
Will not be impacted by the person. 00:59:27
By the percentage of transparency of the proposed structure. 00:59:30
It will not create any hazard or nuisance. The building does not provide transparency. 00:59:33
It does provide transparency at ground level, with the percentage skewed due to the height of the first story. 00:59:39
Additionally, the proposal includes a number of architectural design features to enhance the building appearance. 00:59:45
As a result, it is not expected to significantly impact value. 00:59:51
#3 the strict application of the terms of zoning ordinance. 00:59:56
Will result in it. 00:59:59
And practically difficult to use the property because the use of the structure requires significant stockroom and shelving space. 01:00:01
For product placement along exterior walls. 01:00:08
Transparent. 01:00:11
Materials limits the ability to use the exterior walls. 01:00:12
For display. 01:00:16
Their products. 01:00:17
#4 The variance does not involve a structure that is near an airstrip. 01:00:19
And regulated under Indiana Code 8-201-10. 01:00:23
The Board of Zoning appeals hereby grants. 01:00:29
The petitioner variance. 01:00:31
At the meeting held on the 12th of January 2026. 01:00:33
That completes my ballot. 01:00:36
OK, we have a ballot. Do we have a second? 01:00:38
I'll second. 01:00:41
With the ballot and a second, any other questions or comments from the board? 01:00:42
All those in favor signify by saying aye aye. Any opposed like sign. 01:00:46
That that ballot passes. 01:00:50
As presented. 01:00:52
Do we have another ballot? 01:00:55
I do. 01:00:59
Docket FC12-205-38. Petitioner. JC Store. 01:01:01
After careful review, the board finds that number one approval of the variance will not be injurious to the public health, safety, 01:01:06
morals and general welfare of the community. 01:01:10
Because the sidewalks are provided throughout the development. 01:01:15
That will assist pedestrians to avoid conflicts with vehicles. 01:01:18
The two column sidewalks provided opportunities for pedestrians to board vehicle traffic. 01:01:22
However, additional sidewalks. 01:01:27
Are recommended on the perimeter in some areas to reduce distance. 01:01:29
Need it to walk to access the. 01:01:34
Current shown sidewalks. 01:01:35
#2 the use and the value of the area adjacent to the property. 01:01:38
Included in the variance will not be affected in substantial adverse manner because the. 01:01:42
Proposal provides internal sidewalks with connections to the Frontage Rd. sidewalk. 01:01:47
This will promote. 01:01:53
Connectivity and neighboring property and will not. 01:01:54
Negatively. 01:01:57
Affect the use and the value of those properties. 01:01:58
#3 The strict application of the terms of the zoning artist will result in practical difficulties to use the property. 01:02:02
Because the need for substantial parking due to the use of the primary structure. 01:02:08
Along with the use of shopping carts, prohibits. 01:02:12
Extensive parking lot sidewalks. 01:02:15
Shoppers with carts are inhibit. 01:02:18
It by safe sidewalks, crossings, in parking in the parking lots. 01:02:20
#4 The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 01:02:25
The Board of Zoning Approval Hill back grants the petitioner variance at the meeting held on the 12th of January, 2026. 01:02:33
Approval by the Board is subject to completion of the following conditions #1 Provide additional sidewalk on the east side of the 01:02:40
primary parking lot. 01:02:43
Along the drive and the east side of the parking. 01:02:47
Located at the side of the building to reduce nonconformity. 01:02:50
#2 provide sidewalk connection from Schreiber Rd. 01:02:54
To the near entrance sidewalks. 01:02:57
That completes my ballot. 01:03:00
OK, we have a ballot. Do we have a? 01:03:02
Make a request on those conditions. 01:03:07
Staff would request that you add as approved by staff. 01:03:09
I'm sorry. 01:03:14
Just if there is an issue with grading or something, I agree. I concur. 01:03:15
Return to deal with that. 01:03:19
Good suggestion. 01:03:21
I accept those modifications. 01:03:44
Items 1 and 2. 01:03:46
OK. 01:03:48
You'll want to. So now you have a motion Mr. Beeble Hauser with. 01:03:50
The modifications that are made, so you'll want a second. 01:03:55
OK, so we have a motion with the modifications. 01:03:58
Proposed Do we have a second? 01:04:01
I'll second. We have a second. 01:04:03
All those in favor signify by saying aye. 01:04:06
Any opposed like sign? 01:04:08
That ballot passes as well. 01:04:10
Do we have 1/3? 01:04:29
Ballot. I have a ballot. 01:04:30
OK Docket FC122539 Petitioner JC Food Stores, care of a Kroger Company. 01:04:33
After careful review, the board finds that approval of the variance will not be injurious to the public safety. 01:04:40
Public health, safety and. 01:04:46
Morals and general welfare of the community because this section of Hwy. 50 is currently 4 lanes with divided median. 01:04:47
And it's a high traffic area with highway speeds. 01:04:54
Also, the adjoining property slopes down significantly along the roadway. 01:04:56
Making future sidewalks in an area prohibitive. 01:05:00
Plans indicate additional sidewalks will be installed to direct pedestrians away from the highway. 01:05:03
And towards sidewalks located on. 01:05:08
Lower classified roads and internal sidewalks. 01:05:10
#2. 01:05:13
The use and value of the area adjacent. 01:05:14
To the property included in the variance. 01:05:16
Will not be affected in a substantially adverse manner. 01:05:18
Because there are currently no sidewalks along Hwy. 50 at this section. 01:05:21
Therefore, it will not impact the use and value of the adjacent parcels. 01:05:25
Negatively. 01:05:29
#3. 01:05:31
Strict application of the terms of the zoning ordinance. 01:05:32
Will result in practical difficulties in the use of the property. 01:05:35
Because staff does not recommend sidewalks along 150 dislocation. 01:05:38
Directing pedestrians to this section of the development would create hazards. 01:05:43
The use of the property would be inhibited by the hazardous condition. 01:05:47
Section 4. The variance does not involve A structures near an airstrip and regulated under Indiana Code 8. 01:05:51
2110. 01:05:58
THEREFORE, the Board of Zoning Appeals hereby grants the petitioners variance at the meeting held on 12th day of January, 2026. 01:06:01
OK, we have a ballot. Do we have a second? 01:06:10
I'll second it. 01:06:12
All right. Any other questions or comments? 01:06:13
All those in favor signify by saying aye. 01:06:16
Any opposed like son? 01:06:18
Motion passes. 01:06:20
Do we have a 4th ballot? 01:06:22
OK, Docket FC1225-40. 01:06:32
After Keffer reviewed, the board finds that number one approval of the variance will not be interest to the public health, safety, 01:06:37
morals and general welfare of the community. 01:06:41
Because exceeding the signage maximum will not create a hazardous circumstance. 01:06:45
To light, air, sound, or any other physical conditions, the scale the structure warrants greater signage. 01:06:49
#2 The use and the value of the area adjacent to the property included in the parents will not. 01:06:55
Be affected in a substantial adverse manner because the additional square footage is consistent with a large scale primary 01:07:00
structure. 01:07:04
Signage in nearby commercial properties at Highlander Point have also. 01:07:08
Been approved for extra signage. 01:07:12
Therefore, additional signage that this product will not adversely impact neighboring properties. 01:07:14
#3 the strict application that turns the zoning ordinance. 01:07:19
Will result in practical difficulties in use of property because the structure is of a large scale and has a sat facing the 01:07:23
highway. 01:07:26
Smaller signage will restrict visibility to faster moving traffic. 01:07:30
Additionally, signage is needed. 01:07:34
Due to the size. 01:07:36
To direct customers. 01:07:37
To the draft through pharmacy, which may be confused. 01:07:39
Are not seen with similar signage with smaller signage. 01:07:42
#4 the variance does not involve a structure that is near. 01:07:46
An airstrip and regulated under Indiana Code 821-10. 01:07:49
The variance included. 01:07:55
To include the variance includes the signage S. 01:07:56
Submitted with the application and as presented tonight. 01:08:00
The board of zoning approval hereby grants. 01:08:04
The petitioner variance that. 01:08:07
At the meeting held on the 12th of January 2026. 01:08:09
The temporary signage or rotating signage. 01:08:14
On the building are not permitted. 01:08:18
That completes my ballot. 01:08:21
OK, we have. 01:08:24
Did you have a question? No, I'm good. 01:08:26
Do we have a second? 01:08:27
I'll second. 01:08:29
With a ballot and a second. Any other questions or comments from the board? 01:08:30
All those in favor signify by saying aye. 01:08:33
Aye, any opposed? 01:08:36
That ballot also passes. 01:08:37
Do we have a? 01:08:40
5th and final. 01:08:41
Ballot for the evening. 01:08:42
I have one. 01:08:44
Docket FC12-205-41. 01:08:45
Named JC Food Stores, care of the Kroger Company. 01:08:49
After careful review, the board finds that. 01:08:52
Conditional use will not. 01:08:54
The interest of public health, safety, morals and general welfare of the community. 01:08:56
Because the use as a fueling station is an appropriate. 01:09:00
Is appropriate in a commercial district and will not create hazardous conditions to adjacent properties. 01:09:03
There's clear access to the property. 01:09:09
And no environmental concerns. 01:09:11
Fuel tanks will meet building and environmental code standards. 01:09:13
#2 the use and value that. 01:09:17
Area adjacent to the property will not be adversely affected because the adjoining properties are a shopping center and a vacant 01:09:19
lot for detention. 01:09:22
Is also located along Hwy. 150. 01:09:25
This is a common location. 01:09:28
For this use. 01:09:30
And would not be expected to lower property values or inhibit use. 01:09:32
#3 the need for conditional use. 01:09:36
Does result from. 01:09:39
Any condition unusual or? 01:09:40
To the property itself because the property is located adjacent to a large shop shopping center. 01:09:42
Which commonly Co locate fuel stations. 01:09:46
It's also along Hwy. 150. 01:09:49
Floyd County zoning ordinance permits fuel stations in general. 01:09:51
Commercial districts as conditional uses. 01:09:55
#4 The strict application of the terms of the Floyd County Zoning Ordinance will result. 01:09:58
Unnecessary hardship and the use of the property. 01:10:02
To support county zoning ordinance requires beauty fuel stations in general commercial districts to obtain conditional use permit. 01:10:05
#5. 01:10:13
Approval the. 01:10:14
Conditional use will not contradict the goals and objectives of the Floyd County Comprehensive Plan. 01:10:15
Because Highlander Point is an economic growth district and is located along with Hwy. 150. 01:10:21
The puzzle provides necessary services to the community and is located in a commercial center. 01:10:26
With the addition of the intersection, there will be adequate infrastructure to serve. 01:10:31
The Board of Zoning Appeals. 01:10:36
Hereby GRANTS the petitioners conditional use at the meeting held on the 12th day of January, 2026. 01:10:38
Approval by the Board is subject to the completion of the following conditions. 01:10:44
It is contingent upon receiving rezoning to general commercial. 01:10:48
That concludes my ballot. 01:10:52
OK, we have a ballot. Do we have a second? 01:10:54
I'll second. 01:10:56
Ballot and 2nd. Any other questions or comments from the board? 01:10:57
I would like to suggest. 01:11:01
Another uh. 01:11:02
Something to the effect of limited. 01:11:03
The limited outdoor sales and displays areas. 01:11:06
Are limited to. 01:11:08
Firewood. 01:11:10
Salt sodas. Ice cream. 01:11:11
Ice, propane and vehicle products so that. 01:11:13
We don't get a whole. 01:11:16
A bunch of other stuff out there. 01:11:18
Does that make sense to anybody or is that necessary? 01:11:20
We do already have uh. 01:11:25
Regulations that prohibit. 01:11:28
Uh, outdoor. 01:11:30
Sells items, except uh. 01:11:31
Restricted to seasonal? Oh, it does have something to that already in there that's covered. 01:11:34
OK. Thank you. 01:11:38
So you retract that? I'll retract my comments. 01:11:39
OK, so we have a ballot. 01:11:42
In a second as presented. 01:11:44
Any other question? 01:11:46
Seeing none all those in favor signify by saying aye. Any opposed like sign. 01:11:47
That ballot passes as well. 01:11:53
OK, moving on with our agenda this. 01:11:57
Evening. Is there anything else? 01:11:59
To come before our board this evening. 01:12:02
Seeing nothing else, I would entertain a motion to adjourn. 01:12:05
I so do make a motion to adjourn Motion second. 01:12:08
Second, all those in favor signify by saying aye aye. 01:12:11
And we are adjourned. Thank you folks for being with us tonight. 01:12:14