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Event transcript
Hi, good afternoon everybody. I would like to call tonight's meeting at the Floyd County Board of Zoning Appeals, umm. 00:00:01
To order. 00:00:08
And. 00:00:09
It is 5:00 exactly. 00:00:10
And today is Monday, April. 00:00:13
13th. 00:00:15
So we'll begin with roll call. 00:00:16
Mr. Beeble. 00:00:19
Here here. 00:00:20
Here here. 00:00:23
Here, OK, we do have a full board, so we will move on from there. 00:00:26
Next item on our agenda this evening is the minutes of our March 9th meeting. 00:00:31
We also umm. 00:00:36
Have had a subsequent meeting since then on the 26th, but those minutes were not prepared, so I'm going to ask that we just 00:00:38
discuss and vote on the minutes of the ninth meeting. 00:00:43
Those were circulated in advance, so I would entertain any. 00:00:47
Corrections, comments, or. 00:00:52
Edits to those. 00:00:54
I'll make a motion to approve. 00:00:56
OK. We have a motion. Do we have a 2nd I'll second. 00:00:57
Motion is second. All those in favor signify by saying aye aye. 00:01:00
Any opposed like son the minutes? 00:01:03
Are passed for the March 9th meeting. 00:01:06
We will review the others in our next meeting. 00:01:08
We do not have any announcements that I'm aware of this evening, although. 00:01:13
I would like to introduce a new member of our board this evening. Mr. Mark Lawrence is here. 00:01:17
He's joined the board since our last meeting and we're happy to have him. So welcome. 00:01:22
Thank you very much. Appreciate it. 00:01:26
All right, we'll jump right into our. 00:01:28
Agenda this evening. 00:01:30
The first three items on our agenda. 00:01:32
Are all from the same applicant. 00:01:35
So is the applicant or their representative here? 00:01:37
For items one through 3. 00:01:41
Come forward and I'm gonna make a statement and ask you a question. So hang on one moment here. 00:01:45
So what we often do? 00:01:49
When we have multiple items for the same applicant. 00:01:52
Is we ask if they're OK if we. 00:01:54
If we hear them as one or at one time. 00:01:57
And then vote on them separately that it's just more efficient for everyone else that's here. Are you OK with we do that? 00:02:00
Yes, we agree to that. Sure. 00:02:06
OK, that's fine. 00:02:08
And then I understand that you may have an interest in withdrawing one of the three. Yes, the owner has a. 00:02:08
Agree to withdrawal of. 00:02:14
The item for the required sidewalks. 00:02:17
OK, Thank you. And I made a mistake. I should have asked you to state your name and address for the record, please. My name is 00:02:20
Todd Lanning. 00:02:23
And I'm with a milestone group. 00:02:26
And our address is 108. 00:02:28
Daventry Lane, Suite 200. 00:02:30
Are actually Suite 300. 00:02:34
And it's Louisville, KY. 00:02:35
40223. 00:02:37
OK. Thank you, Todd. We will call you back up in just a moment. Thank you. 00:02:39
And just for clarification, agenda item 2FC0326-14, the sidewalk request, is that correct? 00:02:43
Yeah, FC 03. 00:02:56
20. 00:02:58
14, yeah, that is your request withdrawal. That's the request. Thank you. 00:02:59
Folks, I have a question for the audience. Were you guys able to hear her just now? 00:03:05
Yeah. 00:03:09
You couldn't hear him. 00:03:11
OK. 00:03:13
It is working. Thank you. 00:03:17
OK, so so moving on with our agenda this evening, the first item on our agenda is FC-03-206-13. It is a development standards 00:03:19
variance. 00:03:24
And Frank is going to give us the. 00:03:29
The staff report. 00:03:31
And the antigen to item 3 which is FC. 00:03:34
Dash 03-206-15. 00:03:37
Correct. 00:03:40
Also, I've got the updated site construction plans which I didn't have previously. We got these today. 00:03:42
So I've got a copy here for the board. 00:03:49
And that includes some of the updates that have been made based on recommendations and stuff. 00:03:57
So docket number FC32613, petitioner TTCJ Properties, LLC. 00:04:02
Representative Chad Ernst and Todd Lanning. 00:04:09
Location 4865 Old Vinson Rd. Floyds Knobs IN. 00:04:11
Request development standards variance from the minimum size. 00:04:16
And the zoning district is general commercial. 00:04:19
Applicant is seeking a development standards variance from Section 4.44 of the Floyd County Zoning Ordinance to allow a commercial 00:04:21
structure to have less than the minimum 2000 square foot requirement. 00:04:27
In the general commercial zoning district. 00:04:32
For extra clarification, that was. 00:04:35
To be 440 square feet for the proposed structure. 00:04:37
This property is a non conforming lot with 0.45 acres located along Old Vincennes Road near the Highway 150 intersection. 00:04:40
And currently has a non conforming commercial building on the lot. 00:04:48
The existing non conforming structure will be removed and a new non conforming structure is being proposed. 00:04:51
The proposed development is located between two gas stations with the Highland subdivision to the South. 00:04:56
There's not currently sidewalk provided along the stretch of Oldinson's Road. 00:05:01
Approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community because. 00:05:05
A non conforming structure is already present on the site. 00:05:10
And given the size of the site with the traffic on Old Benson's Road, a larger structure which struggled to fit on the site with 00:05:13
adequate parking and navigation. 00:05:16
The petitioner has agreed to write in write out acts. 00:05:19
Write out only access to the site to mitigate traffic concerns. 00:05:22
The use and value of the area adjacent to the property included in the variance will not be subject to sorry will not be affected 00:05:26
in a substantially adverse manner. 00:05:30
Because the non conforming structure currently exists on the site and the adjacent uses are gas stations which are a much more 00:05:34
intensive use than anything else nearby. 00:05:38
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:05:42
because. 00:05:44
Given the size of the site with the traffic on Old Vincennes Rd. A larger structure which struggled to fit on the site with 00:05:47
adequate parking and navigation. 00:05:51
The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 00:05:54
For staff comments. 00:06:01
A technical review committee was hosted on February 19th where concerns were raised over car stacking for the drive through and 00:06:02
people turning left into the site from open Sends Rd. 00:06:06
The county engineer recommended a write in write out access to Old Vincennes Road and signage stating do not block intersection. 00:06:10
Applicant has submitted an updated development plan showing the write in write out access. 00:06:17
The stormwater director also requested that the parking and dumpster at the rear of the site be flipped. 00:06:21
So that the dumpster was further from the stormwater channel in the West and the detention basin for the Highlands. As an extra 00:06:25
note, the plan that I. 00:06:28
Just submitted to you guys. Has that reflected on it? 00:06:32
Staff Recommendations. 00:06:35
Whereas the site is currently non conforming at 0.45 acres, Currently has a non conforming structure under the minimum square 00:06:37
footage requirement. 00:06:40
Will not have a negative impact on the health, safety, general welfare of the community or on the value of the adjacent 00:06:43
properties. 00:06:46
And we're strict adherence to the zoning ordinance will result in practical difficulties. Staff has no recommended conditions for 00:06:49
approval of this petition. 00:06:52
Moving to the next. 00:06:58
Agenda item 3. 00:06:59
Docket number FC 3/26/15. 00:07:01
Petitioner TTCJ Properties, LLC Representative Chad Ernst and Todd Landing. 00:07:04
Same location. 00:07:09
Request was development standards variance for transparency. 00:07:11
And also zoning district of general commercial. 00:07:14
Applicant is seeking a development standards variance from Section 8.06, Item E, one of the Floyd County Zoning Ordinance, to 00:07:18
allow a commercial structure in the Highlander Point Overlay District to have less than the minimum. 00:07:23
Sorry, minimum of 30% of the front facade on the ground floor is transparent. 00:07:28
Consisting of windows or door openings. 00:07:32
The property is a non conforming lot with 0.45 acres located along Old Vinson's Road near the Highway 150 intersection. 00:07:34
And currently has a non conforming commercial building on the lot. 00:07:41
The existing non conforming structure will be removed and a new non conforming structure is being proposed. 00:07:44
The proposed development is located between two gas stations with the Highland subdivision to the South. 00:07:49
And there's currently no sidewalk provided along the stretch of Oldinson's Road. 00:07:53
Approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community because 00:07:58
the variances from an aesthetic concern to the proposed design has been approved by the State of Indiana Code requirements per the 00:08:02
applicant. 00:08:05
No injurious impact is expected. 00:08:09
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse 00:08:12
manner because the adjacent uses along Old Vincennes Rd. are gas stations, with the Marathon gas station predating the current 00:08:15
standards. 00:08:19
No substantially adverse impact is expected on the user value of this area. 00:08:23
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:08:28
because. 00:08:30
Given the site. 00:08:33
Sorry, given the size of the site with the traffic on Old Vincent's Road, a larger structure would struggle to fit on the site 00:08:35
with adequate parking and navigation. 00:08:38
Given that this is a drive through only site, extra windows would not provide aesthetic views of the lobby. 00:08:41
And the taller building structure to the right with the Bigby signage, is a bathroom. 00:08:45
The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 00:08:50
For staff comments. 00:08:56
A technical review committee was hosted on February 19th where concerns were raised over car stacking for the drive through and 00:08:57
people turning left into the cycle Vincent's Road. The county engineer recommended a write in write out access to Oldenson's Road 00:09:01
and signage stating do not block intersection. 00:09:05
Applicant has submitted an updated development plan showing the right MRI of access. 00:09:10
Stormwater Director also requested that the parking and dumpster in the rear of the lot be flipped so that the dumpster was 00:09:14
further from the stormwater channel in the West and that detention basin for the Highlands. And again, you guys have that updated 00:09:17
plan. 00:09:21
Staff Recommendations Whereas the site is currently non conforming at 0.45 acres and any structure will need to have a reduced 00:09:25
footprint. 00:09:28
Where the reduced footprint reduces the aesthetic value of the transparency standard. 00:09:32
Where the variance will not have a negative impact on the health, safety, general welfare of the community or on the value of the 00:09:36
adjacent properties, and where strict adherence to the zoning ordinance will result in practical difficulties, staff has no 00:09:40
recommended conditions for this addition. 00:09:44
OK. Does the ward have any questions? 00:09:50
For Frank while he's here. 00:09:53
Not at this time. None at this time. Thanks, Frank. 00:09:56
OK, we have. 00:10:01
Heard from staff. 00:10:02
I would now like to ask. 00:10:04
Representative for the applicant or the applicant to come forward again. 00:10:06
Since we got your name and address earlier, you can just state your name again please just for clarity. 00:10:13
Yes, my name is Todd Landing. 00:10:18
Last name is LANNING. 00:10:20
Thank you. Todd, is there anything else that you would like to share with the board? 00:10:23
Given what staff just went over. 00:10:27
I think Frank. 00:10:31
Franklin's adequately addressed all the. 00:10:32
The points of the project and I really don't have anything further to add except to maybe ask answering your questions that you 00:10:35
may have. 00:10:38
Gotcha. Thank you. Is there any questions from the board? 00:10:41
I've got a question. 00:10:44
The the basin. 00:10:45
That's off to the. 00:10:46
Left of the site, it's got here Kroger limited partnership. 00:10:49
That's the, that's the retention basin that they're going to use. 00:10:53
That's is that where it's going to? 00:10:57
Yes, the water will actually surface flow into that basin area. 00:10:58
And so is that like a regional basin or something they? 00:11:03
Kroger's built that, and they have a right to use that. 00:11:06
They're not killed, Nick. 00:11:08
Are you building the retain? No, it's an existing base. That's my thought, yes. 00:11:10
So. 00:11:14
As far as? 00:11:15
I'm not sure if it's a regional kind of local there's is there an agreement to use it I guess? 00:11:17
What? I'm asking. Yeah, I. 00:11:21
Honestly. 00:11:23
I, I really don't know that. I think we we have the right to do it, but I'm not sure exactly 100%. 00:11:25
Frank, you might be able to add to that, possibly Frank. 00:11:30
Hey there, Nick. 00:11:36
Sorry. 00:11:38
Nick Creepy, director of. 00:11:41
Play Commission operations. 00:11:43
The site itself falls under the storm water requirements, so the natural drainage of of the property is allowed. 00:11:46
We do not require them have to have independent. 00:11:56
Drainage. 00:12:01
And the stormwater director? 00:12:02
Was part of the TRC for this. 00:12:05
It has reviewed those plans and and finds some contribution drains to that basin already. 00:12:09
Right it it does. 00:12:15
OK. 00:12:17
All right. Thanks, Nick. 00:12:18
Any other questions from the board? 00:12:23
Anyone else? 00:12:25
OK. Thank you, Sir. All right, thank you. 00:12:28
OK. Having heard from staff and the applicant will close those sections of the meeting and we will open the floor to anyone else 00:12:33
here this evening that would like to come forward and speak in favor. 00:12:38
Of this request. 00:12:43
Seeing none, we'll close that section and we'll open the floor to anyone who would like to come forward in opposition. 00:12:48
To the request. 00:12:53
OK, seeing. 00:13:00
Seeing none. 00:13:02
Then I would entertain a ballot. 00:13:03
I have. 00:13:07
Docket FC03-206-13. Petitioners named TTCJ Properties. 00:13:09
LLC. 00:13:16
After Keffer reviewed, the board finds that. 00:13:17
One approval of the variance. 00:13:19
Will not be injurious. 00:13:21
To the public health, safety, morals and general welfare of the community because. 00:13:22
A non conforming structure is already present on the site. 00:13:26
Given the size of the site. 00:13:29
And the large volume of traffic on Old Vincent's Road, a larger structure which struggled to fit. 00:13:31
On the site with adequate. 00:13:36
Parking and navigation. 00:13:37
The petitioner has agreed. 00:13:39
Do a write in and write out only access to the site to mitigate traffic concerns. 00:13:41
#2 the use and value of the area adjacent to the property included in the variance. 00:13:47
Will not be affected in a substantial adverse manner because a non conforming structure currently exists on the site and. 00:13:52
And adjacent uses. 00:13:58
Or gas stations. 00:14:00
Which are much more. 00:14:01
Intensive use than the proposed business. 00:14:03
#3 the strict application of terms of zoning garnish. 00:14:06
Will result in practical difficulties in the use of the property because the size of the site. 00:14:09
And with traffic on Old Vincent Rd. a larger structure would struggle to fit on the site with adequate parking and navigation. 00:14:14
#4 The variance does not involve a structure. 00:14:22
That is near an airstrip or regulated in Indiana code H-201-10. 00:14:25
The Board of Zoning Appeals hereby grants the petitioner variance that the meeting held on the 13th of April, 2026 that completes 00:14:32
my ballot. 00:14:35
OK, we have a ballot. Do we have a second? 00:14:39
I'll second. 00:14:42
The ballot and a second. 00:14:42
Any other questions or comments from the board? 00:14:44
Seeing none. 00:14:47
All those in favor signify by saying aye. 00:14:48
Aye, any opposed? 00:14:50
That motion passes. 00:14:52
Having heard from staff. 00:14:55
For FC-03-206-13 and just voted on that one as well as FC-03-206-15. 00:14:57
Do we have a ballot for the second? 00:15:07
Request I do. 00:15:09
Docket FC03-206-15. Petitioner TTC J Properties, LLC. 00:15:12
After Keffer reviewed, the board finds that one approval of the variance will not be interest to the public health safety. 00:15:19
Morals and gender warfare the community because this variance is from an aesthetic concern. 00:15:25
And the proposed. 00:15:30
Design has. 00:15:31
Has been. 00:15:32
Approved by the state of Indiana's code requirements per the application. 00:15:34
Per per the applicant. 00:15:38
No injurious impact is expected. 00:15:40
#2. 00:15:42
The use and value of the area adjacent to the property included in this variance. 00:15:43
Will not be affected in a substantial adverse. 00:15:47
Matter because the adjacent uses along with Vincent Rd. or gas stations. 00:15:51
No substantially adverse impacts is expected on the use. 00:15:56
Or value of the area. 00:16:01
With the with the addition of this business. 00:16:02
#3 the strict application that turns the zoning. 00:16:06
Will result in practical difficulties and use the property because the size of the site. 00:16:09
And with the traffic. 00:16:14
Of on the old Vincent's Road, a larger structure would struggle to fit on the site with adequate parking and navigation. 00:16:16
Given that this is a drive through only development extra windows. 00:16:22
Were not significantly improved the aesthetics of the structure. 00:16:26
#4 the variance. 00:16:30
Does not involve a structure that is near an airstrip and regulated under Indiana Code 8-201-10. 00:16:31
The Board of Zoning Appeals hereby grants the petitioner. 00:16:39
Variance at the meeting held on the 13th of April 2026 that completes my ballot. 00:16:41
OK, we have a ballot. Do we have a second? 00:16:47
I'll second. 00:16:49
We have a ballot and a second. 00:16:50
Any other? 00:16:52
Questions or comments from the board? 00:16:53
Seeing none, all those in favor signify by saying aye. 00:16:55
Aye, any opposed like sign? 00:16:58
That motion. 00:17:00
Also. 00:17:02
Passes. 00:17:02
Congratulations. 00:17:05
Thank you. 00:17:06
Moving on with our agenda this evening. 00:17:08
Agenda. 00:17:12
Items. 00:17:13
4:00 and 5:00. 00:17:14
Also. 00:17:16
Two requests from. 00:17:17
The same applicant and I see a representative from that applicant coming forward. 00:17:19
If you don't mind, state your name and address for the Mr. Chairman Jason Copperway with Primavera and Associates, 1000 Bell Lane, 00:17:23
New Albany, IN. 00:17:26
We are. 00:17:30
Perfectly happy, and we're actually going to request that those two docket items be heard together. 00:17:31
Thank you very much. Thank you. 00:17:35
OK, so. 00:17:38
We have for consideration this evening agenda items four and five, FC-03-206-19. 00:17:39
And FC-03-26 Dash. 00:17:48
20 and Frank is once again gonna. 00:17:51
Give us the staff report on both of those and then we'll discuss and vote separately. 00:17:54
OK. 00:17:59
Docket number FC 3/26/19 Petitioner Prime Property Development Code. 00:18:02
Representative Jason Copperway, Location Hwy. 115 does not have an address at this time. 00:18:07
Parcel #22. 00:18:13
04. 00:18:14
01. 00:18:15
900. 00:18:16
Dash 83. 00:18:17
.000 Dash 006. 00:18:19
Request development standards variance for the lot area for Summit Ridge Commons. 00:18:23
Zoning district is general commercial. 00:18:27
The petitioner is seeking a development standards variance from section 4.44. 00:18:29
The general commercial development improve. 00:18:34
Performance standards to allow lots numbered 1-2 and four to be less than the required minimum lot area. 00:18:36
Of 43,560 square feet of one acre. 00:18:41
Lot #1 is proposed as 0.546 acres. Lot #2 is proposed at. 00:18:45
0.655 acres and lot #4 is proposed at 0.9 acres. 00:18:51
The property is located within a commercial growth area, the Lafayette Township. 00:18:55
And falls under the Highlander Point overlay district. 00:18:59
With the Highlander Point corridor identified as a main commercial corridor and a primary gateway for the county as identified by 00:19:01
the Comprehensive Plan. 00:19:05
The property is surrounded by commercial and residential growth areas within the Lafayette. 00:19:09
This land is designated as a growth area due to its proximity to utilities, Hwy. 64 and existing amenities such as shops, schools, 00:19:13
and other institutions. 00:19:18
With an intent to focus development here rather than in areas. 00:19:23
That the plan has designated as transitional or agricultural areas. 00:19:27
To the east is the platted subdivision of Fairway Estates, zoned residential suburban. 00:19:31
To the north, along the southern side of East Luther Rd. are a vacant property and a single family residence is owned urban 00:19:35
residential. 00:19:38
To the West, across Hwy. 150 are wooded properties, zoned residential, suburban and urban residential. 00:19:42
To the southwest, South and southeast are various properties zoned general commercial. 00:19:47
The site has proposed access through the new. 00:19:53
Proposed signalized intersection along Hwy. 150 that will connect to the new JC on the other side of the highway. 00:19:55
The site proposes further connection to the. 00:20:02
Lacolet commercial plated subdivision to the South. 00:20:05
And we'll have a road ext to allow for connections to East Luther Rd. should future developments occur. 00:20:08
The applicant is requesting A variance from lot area with the intent of providing a diversity of commercial lot options. 00:20:14
The gross density of the proposed subdivision is 0.68 units per acre. 00:20:20
And excluding the common area and roadways, the average density is 0.94 units per acre. 00:20:24
Meaning that on an average it is meeting that general. 00:20:29
Commercial development requires. 00:20:32
Approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community because 00:20:35
the average density of the proposed lots still falls under the required one unit per acre development standard. 00:20:40
Department while providing a diversity of options to the community. 00:20:45
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse 00:20:49
manner because the property is already zoned as general commercial. 00:20:53
With the commercial subdivision already in existence to the South. 00:20:58
The comprehensive plan encourages commercial development. 00:21:01
Be directed to areas such as this one, designated as commercial growth districts. 00:21:05
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:21:09
because the commercial. 00:21:12
Market demand is for a diversity of lot sizes. 00:21:15
This proposal. 00:21:18
Provides one larger lot of 2.305 acres and three smaller lots of less than one acre each. 00:21:20
To meet local commercial demand. 00:21:26
Despite being zoned general commercial, the slot has sat undeveloped for over a decade. 00:21:27
The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 00:21:32
For staff comments, the 2017 Comprehensive Plan indicates an opportunity to focus on entrepreneurship. 00:21:38
Identified on pages 2831 and 37 of the Comp Plan. 00:21:44
Entrepreneurs and commercial uses do not have a uniform set of needs for space. 00:21:48
The website loopnet lists. 00:21:53
Local commercial lots and of the 16 listed lots, two of them were under one acre. 00:21:55
As a potential indication of the lack of supply in this size range. 00:22:00
While This site is wooded, the site was previously cleared as recently as 2010. 00:22:04
Many of the trees on the site are now invasive species that do not add to the rural character or ecological health of the 00:22:08
community. 00:22:11
Staff Recommendations. 00:22:15
Whereas the proposed variance provides flexibility of lots while still meeting an average density requirement. 00:22:16
Where the comprehensive plan supports lowering barriers to entry for entrepreneurs. 00:22:22
Where this is a commercial growth area and where there is no expected negative impact to the public health, safety, general 00:22:26
welfare or the value of adjacent properties. 00:22:29
And where this lot has sat vacant for the last decade, staff has no recommended conditions for approval of this petition. 00:22:33
OK. 00:22:46
2nd docket. 00:22:47
Docket number FC 3/26/20. 00:22:49
Same petitioner, same location. Request development standards variance for lot width and frontage for some average Commons. 00:22:52
The petitioner is seeking a development standards variance from section 4.44, General Commercial Development and Performance 00:22:59
Standards, to allow lots numbered 1234 and six to be less than the required minimum lot width and frontage of 200 feet. 00:23:05
Lot #1 is approximately 110.82 feet. 00:23:12
Lot #2 is approximately 121.97 feet. 00:23:16
Lot #3 is 184. 00:23:19
.10 feet. 00:23:21
Lot #4 is 137.42 feet. 00:23:23
And lot number six is 183.87 feet. 00:23:26
The approximations are based on curves. 00:23:29
From the. 00:23:31
The property is located within a commercial growth area of the Lafayette Township and falls under the Highlander Point Overlay 00:23:33
District, with the Highlander Point corridor identified as a main commercial corridor and a primary gateway for the county has 00:23:37
identified by the Comprehensive Plan. 00:23:41
This property is surrounded by. 00:23:45
Commercial and residential growth areas within the Lafayette Township. 00:23:47
This land is designated as a growth area due to its proximity to utilities, Hwy. 64 and existing amenities. 00:23:50
With an intent to focus development here rather than in areas that the plan is designated as transitional or agricultural areas. 00:23:56
To the east is the planet subdivision of Fairway Estates, zoned residential suburban. To the north, along the southern side of 00:24:02
East Luther Rd. are a vacant property and a single family residence, zoned urban residential. 00:24:07
To the West, across Hwy. 150 are wooded properties, zoned residential, suburban and urban residential. 00:24:12
To the southwest, South and southeast are various properties zoned general commercial. 00:24:17
The site has proposed access through the newly proposed signalized intersection along Hwy. 150 that will connect to the new JC on 00:24:22
the other side of the highway. 00:24:25
The site. 00:24:29
Proposes further connection to the Lafollette. 00:24:31
Commercial platted subdivision to the South. 00:24:34
And we'll have a road ext to allow for connections to East Luther Rd. should future development occur. 00:24:37
The applicant is requesting A variance from lot area. 00:24:41
Or sorry from lot width with a intent of providing a diversity of commercial lot options. 00:24:45
The growth density of the proposed subdivision is .68 units per acre. Excluding the common areas and roadways, you average density 00:24:50
is .94 units per acre. 00:24:53
Approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community because 00:24:58
these lot frontages are facing a low speed subdivision St. 00:25:02
Reducing the potential for traffic backing up to to patrons entering or exiting a lot. 00:25:06
The subdivision has an intent to service letter from the Highlander Fire Protection District. 00:25:11
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse 00:25:16
manner because the property is already zoned as general commercial. 00:25:20
With the commercial subdivision already in existence to the South, that includes several strip malls sharing their Rd. frontage. 00:25:25
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:25:31
because the commercial market demand is for a diversity of lot sizes. 00:25:35
This particular property is located along Hwy. 150 and providing A subdivision St. limits the accessible space available, creating 00:25:39
thinner lots. 00:25:43
The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 00:25:47
For staff comments. 00:25:53
The 2017 Comprehensive Plan indicates an opportunity to focus on entrepreneurship. 00:25:55
That's pages 2831 and 37 of the compliant. 00:25:59
Entrepreneurs and commercial users are. 00:26:02
Sorry, entrepreneurs and commercial uses do not have a uniform set of need for space. 00:26:04
The website Loopnets lists local commercial lots. 00:26:09
And of the 16 listed lots, two of them were under one acre, potentially indicating a lack of supply and the size range. 00:26:12
While This site is wooded, the site was previously cleared as recently as 2010. Many of the trees on the site are invasive species 00:26:18
that do not add to the rural character or ecological health of the community. 00:26:22
For staff recommendations, whereas the proposed variance provides flexibility of lots while still meeting an average density 00:26:27
requirement. 00:26:30
Where the fire district provided an intent to service letter implying no issue with providing services to the lots despite their 00:26:33
shorter frontage. 00:26:36
Where the comprehensive plan supports lowering barriers to entry for entrepreneurs. 00:26:39
Where this is a commercial growth area and where there is no expected negative impact to the public health, safety, general 00:26:44
welfare or the value of the adjacent properties, and where this lot has sat vacant for the last decade, but where lots one and two 00:26:48
have a particularly reduced frontage. 00:26:52
Staff recommends the following condition. 00:26:56
Lots #1 and #2 are to share an access drive and create an. 00:26:58
In a shared parking lot use and maintenance agreement. 00:27:02
OK. Thank you, Frank. 00:27:08
Any questions from the board? 00:27:09
Of Frank. 00:27:11
Thank you. 00:27:14
OK. 00:27:16
We have heard the staff reports. 00:27:17
Mr. Copperweight. 00:27:20
Let you come forward again, please. 00:27:22
The information you have, I just want to make sure you. 00:27:29
Hey, Cortana. 00:27:34
Thank you. 00:27:36
Mr. Copperweed, is there anything else you would like to add to what? 00:27:50
Frank's already shared with us. Yeah, I think staff did a pretty good job explaining the project. This is 8.8 acres on the 8.88 00:27:54
acres on the South side of about a 17 acre parcel. 00:27:59
It's on the east side of 150, just north of Apollo Station. 00:28:04
It is proposed to be. It is already zoned general commercial. 00:28:08
So we're not here asking for any use variances or. 00:28:11
Changing any uses that's already. 00:28:14
By right, what we're asking for later tonight at the Planning Commission is a subdivision. 00:28:15
A6 lot subdivision. 00:28:20
Plus a common area. 00:28:21
As you mentioned in the staff report. 00:28:24
I'll phrase his ratio in another way. 00:28:26
If you take the six lots and divide it by the average. 00:28:28
It's actually 1.07 acres per lot. 00:28:32
Because you have one lot that's 2.3 acres. 00:28:34
A couple of lots that are one acre. 00:28:37
And then a couple that are three of them that are slightly smaller, but the average lot size is greater than. 00:28:39
That one acre. 00:28:43
COVID obviously changed the marketplace. 00:28:45
There are many businesses that just do not need an acre anymore. 00:28:48
Your zoning ordinance was written back in 2006. 00:28:51
Probably need some updates, but that's not why we're here tonight. But. 00:28:54
You know and and this is not an announcement of any potential user, but users like. 00:28:58
Seven Brew. 00:29:03
Starbucks. 00:29:04
Smaller, even bank. 00:29:06
Bank tellers that just need an ATM or something like that, they just don't need an acre. 00:29:08
So what the developer is trying to do here is create, as staff mentioned, a diversity of lot sizes. 00:29:12
That that would meet meet some market needs that are out there. 00:29:18
In addition, the property is about 288 feet wide. 00:29:22
And we're dedicating 56 feet for. 00:29:25
A road ride away on the east side. 00:29:28
Which leaves. 00:29:30
You know you're you're at your ordinance is sort of envisioning a 200 by 200. 00:29:31
Lot, acre, lot. 00:29:36
Well, we have an extra width that we have nothing to do with. 00:29:37
So we could get our acre on some of the lots without slightly reduced. 00:29:41
With frontage so. 00:29:44
So the width of the lot as well as just general changes in in market conditions. 00:29:46
Is our hardship. 00:29:51
I did want to talk about and I apologize to staff. 00:29:53
I didn't. I had read the staff report but I didn't see that condition the following on. 00:29:55
About the shared access drive and the interlocal parking. 00:30:00
When we had met with the plat review committee on site. 00:30:04
One of the members had asked us. 00:30:08
You know, are you going to come back for zoning? 00:30:10
Variances on parking and that kind of thing. 00:30:12
And and Mr. Sam's answer. Who's with me tonight? 00:30:14
Was that that the user would be tailored to that size lot so. 00:30:17
You know, a smaller footprint would. 00:30:21
Would naturally result in lower parking spaces. 00:30:23
As the site grades and I know some of you have visited the site. 00:30:28
It rises from the fallout station. 00:30:31
Sort of high in the middle and then it drops off again. 00:30:34
As these lots are developed, they're going to have some great change. 00:30:37
Lot to lot. 00:30:40
I'm not sure that we're going to be able to do shared parking among those lots because of that grade change. 00:30:42
I guess I would request that that condition be changed. 00:30:48
Work with the county engineer. 00:30:51
To properly locate. 00:30:53
Driveways, which we have to do anyway. 00:30:55
Rather than imposing a shared. 00:30:58
Driveway and shared parking. 00:31:00
We just don't know what those. 00:31:02
How those lofts are going to layout? 00:31:03
But certainly have no problem working with the county and the county engineer to make sure that it's. 00:31:05
That is functional and and that it meets everyone's needs, obviously. 00:31:09
But but we'd we'd rather not. 00:31:13
We'd rather not have that condition at most. 00:31:16
We haven't answered any questions you have. 00:31:18
Any questions from Mr. Copperwick? 00:31:20
I have a question. 00:31:23
Again, looking at the preliminary plat and as it. 00:31:25
I see their proposed signal off 150. 00:31:28
And maybe I'm getting ahead of myself here. 00:31:31
Where would an exit lane? 00:31:33
Be to exit into that where the signal is to turn I just. 00:31:35
So. So I think the county is designing those signal plans and the version that I saw had a full blown intersection. 00:31:39
With signal. 00:31:46
With a left turn into the. 00:31:48
Site across 150 right turns into ours as well as left turns from the northbound. 00:31:50
I just came to our side as well. 00:31:55
So that intersection is. 00:31:57
Federal project. 00:32:01
So we have in dot standards. 00:32:02
All of the. 00:32:04
Turning motions. 00:32:07
On all sides of that intersection. 00:32:09
Have been proposed and accepted by in that. 00:32:12
To meet any and all of our traffic demand through there. 00:32:15
OK. Thank you. 00:32:19
Other questions? 00:32:21
Seeing none. Thank you. 00:32:25
Thank you. 00:32:26
Oh, Jason, sorry. 00:32:28
I'm sorry. 00:32:30
Since some of the I don't know if everybody visited the site. 00:32:32
We can, I don't think, I don't know if everybody on the board visited the site. 00:32:36
But would you kind of explain? 00:32:39
That this is a. 00:32:41
Detention basin situation here, Sure. So the common area on the North End of the site shown on the plat. 00:32:42
Is is set aside for a detention basin? 00:32:48
Your stormwater manual in a residential subdivision. 00:32:51
Requires COM. 00:32:54
Detention basins to be in common areas. 00:32:56
For commercial, it doesn't. 00:32:58
But we are dedicating that as a, as a common area. 00:32:59
That will be maintained by a lot owners association. 00:33:02
And then as I mentioned, the site sort of crowns in the middle. 00:33:05
It drains N toward A toward a stream that runs through there, and it drains S toward the fall station. 00:33:08
So I think you'll see on the plat. 00:33:13
We've designated an area for detention along the South Line. 00:33:15
Before it drains into La Follette or into Hwy. 150. 00:33:19
I think we're right now we're thinking that's going to be underground detention. 00:33:23
So that that law can still be adequately developed with parking over that area. 00:33:26
We've still got to flush those plans out and obviously that gets approved, submitted and approved to county stormwater before we 00:33:30
can. 00:33:33
Proceed. 00:33:37
Anything else? 00:33:39
Thank you again. Thank you. 00:33:42
OK, so. 00:33:47
Again, we've heard from the staff, we've heard from the applicant. 00:33:48
We will close those sections of the median, open the floor to anyone who is here this evening that would like to come forward and 00:33:51
speak in favor. 00:33:54
These requests. 00:33:58
Seeing none, we'll close that section and open the floor to anyone who may be here to speak in opposition. 00:34:03
If you don't mind come forward, state your name and address for the record. 00:34:13
My name is Michelle Atkins. 00:34:19
We own the property they keep. What's your address please? 00:34:22
4615 E Luther OK, one moment before you start just. 00:34:25
To clarify for those either here this evening, want to make sure everyone understands when we open the floor for public comment. 00:34:29
There are time limits. 00:34:35
So we have 10 minutes. 00:34:36
For those who would have been in favor, we didn't have any. 00:34:38
10 minutes for those who were opposed. And then if necessary, we'll bring the applicant back up to respond to any questions that 00:34:41
come up. So I just want to make sure we're clear. 00:34:44
So please go ahead. 00:34:48
Uh, we own the property that is on the north side of. 00:34:51
This proposed. 00:34:55
Start dictation. 00:34:59
And I wanted to state that in. 00:35:00
The staff report. 00:35:03
The gentleman presented something incorrect information. 00:35:05
That is not. 00:35:08
A vacant lot. 00:35:09
That property is part of the lot on the on the corner of 150 and West Luther. 00:35:10
So it is not a vacant lot. 00:35:18
I don't understand what you're saying. 00:35:21
There's nothing built on this property. 00:35:24
But I know what. 00:35:26
This is not a lot. 00:35:34
This belongs to this block, right? 00:35:35
They can, meaning there are no buildings. OK under that, yes, but it is it does belong to this lot and it does not be standalone 00:35:38
lot. 00:35:41
He said this is this is the assessors office. I was using their classification. 00:35:45
Gotcha. 00:35:49
This is mine. 00:35:51
Can you go back down microphone? I'm sorry. 00:36:03
Yeah, we, we need to. We have to come. 00:36:06
She thought about this, she said to the north, repeat what I just said. I just paid Saturday the assessors office. So I know for a 00:36:11
fact, OK, so, so Frank, I'll let you respond to that so we can capture that on on record as well. 00:36:17
Sure. 00:36:24
So I was pulling that information from Beacon using the tax assessor. The assessors listed classification for that corner parcel. 00:36:25
And by that it means vacant, no building on there, not vacant, meaning nobody on, correct? 00:36:35
Was that were were you? 00:36:42
Was your position that it was? 00:36:45
You're you're just clarifying who owns it. 00:36:47
I'm just clarifying that it is. 00:36:49
There is an owner to the property. Gotcha. It is not. 00:36:51
Just a vacant out there piece of property. 00:36:54
Sure, we we understand. 00:36:57
OK, that's what I just wanted to make clear because he kept saying they can never get. 00:36:59
It belongs with the other piece that when the state came through, they cut it right down in half. 00:37:04
I think you you mean vacated. 00:37:08
It's not a vacated lot. 00:37:11
It's owned, but it is vacant, meaning there's nothing on it. 00:37:13
So I just want to clarify for the record. 00:37:18
And then I add my head a question as to because I have not seen the gentleman's actual. 00:37:20
Flat drawings. 00:37:25
What he is planning on putting. 00:37:27
Up against my property. 00:37:29
OK. 00:37:31
Is there anything else? 00:37:33
I, I always say that I, I, I will be an opposition because I always say it in opposition to anything growth in that area. But that 00:37:36
doesn't really matter at this point. 00:37:39
Sure. We'll, we'll give them a chance to respond in just a moment. Thank you. 00:37:43
Is there anyone else that would like to come forward and speak in opposition? Please come forward. State your name and address for 00:37:48
the record. 00:37:51
Hi, I'm Bob Steiner. 00:37:57
3215 chip away court. 00:37:58
I've lived at that location for 49 years. 00:38:01
My house is directly. 00:38:04
Behind where the new light is going to go in. 00:38:06
Probably 300 feet or 400 feet. 00:38:09
Back and my only I'm not necessarily against or. 00:38:11
For the project. 00:38:14
I just. 00:38:15
Was hoping that there might be some discussion about. 00:38:17
Berm or protection? 00:38:19
Along the lines of those properties which. 00:38:21
Mine and probably 10 other people. 00:38:24
Live on that edge of that property. 00:38:27
So. 00:38:30
I don't know what this is appropriate time to ask that or suggest that, but. 00:38:31
Certainly a concern. 00:38:35
We appreciate you bringing that to our attention. We'll make sure that again when. 00:38:36
When the applicant comes back. 00:38:40
That they can speak to that. Great. Thanks. 00:38:42
Thank you. 00:38:44
Was there others here? 00:38:46
Please come forward and state your name and address for the record. 00:38:50
My name is Melanie Davis. 00:38:57
4820 Smith Rd. 00:38:59
I actually own property also on Lawrence Bennett. 00:39:03
But I guess my only question is, I assume that these are going to be connected to the to the sewer and not require septic. 00:39:07
I'm going to let Nick respond to that. 00:39:18
Yes. 00:39:24
Sure. 00:39:28
Was that it? 00:39:29
OK. Thank you. 00:39:31
Is there anyone else? 00:39:33
Here this evening that would like to speak in opposition. 00:39:34
OK, seeing seeing no other. 00:39:42
Comments from the floor. We will close that section. 00:39:45
And Mr. Copper, wait, would you like to come back and address the? 00:39:48
Questions that came up. 00:39:52
Sure. So I'm sure everyone received a notice that was it's too deep from. 00:39:56
The property. 00:40:01
But but the applicant is only developing the sort of the South half. 00:40:02
So it doesn't, it doesn't proceed all the way N to miss Miss Atkins property. 00:40:06
That would remain vacant. 00:40:10
It's still zoned general commercial. It could be developed in the future, but it is not part of this proposal tonight. 00:40:12
As far as Burma protection. 00:40:19
This this. 00:40:21
As as we're developing this property, it actually does not. 00:40:22
I think it's fairway states there's not a but Fairway Estates. 00:40:25
There's another property between this property. 00:40:28
And fairway estates. 00:40:30
There whenever general commercial is developed adjacent to residential. 00:40:32
There are buffer yard requirements. 00:40:36
But we're not. 00:40:39
Touching those properties so. 00:40:40
I don't know that those are subject to. 00:40:41
This property. 00:40:43
And then yes, there is a letter. 00:40:45
I don't know if it's in your file, but in the Planning Commission file. 00:40:47
From New Albany a willingness to serve letter that this will be on sewers. Your ordinance requires that as well. 00:40:50
Right. Thank you, Jason. 00:40:55
Yes. 00:40:56
Could you? 00:40:57
Clarify something here. 00:40:59
The founder. Is this not drawing correctly for? 00:41:01
Here or share that it touches the that may be in in our. 00:41:04
Maybe an in off for drawing but OK if you look see these this line right here. 00:41:08
Yes, Sir, is Fairway states. 00:41:12
OK. 00:41:14
And stuff. Just shortly, just clarification that survey actually. Thank you Sir, understand. 00:41:15
Any other questions for Mr. B? 00:41:23
Mr. Beagle House. I'm sorry, Jason. 00:41:25
Yes. 00:41:28
This is what you're referring to, the darker shaded areas with. 00:41:29
Going now. 00:41:32
I wish and that drawing is just to indicate. 00:41:34
Approximately where it is, it's not definitive. This is what you were talking about, Yeah. 00:41:36
That N to the north is not being developed currently. 00:41:41
Were it to be developed, it would have to come back to the Planning Commission at last. 00:41:46
And with additional notifications. 00:41:49
Got it. Any other questions while he's here? 00:41:51
Yes. 00:41:55
Into Larry's point. 00:41:56
And again, you're saying? 00:41:58
This is not touching the property. 00:41:59
Correct. Do you know what that distance is between? 00:42:01
Approximately 30 feet or so. 00:42:04
And it's road right of way that's near it is not any lot. 00:42:07
The road right away is 56 feet right here, OK. 00:42:10
So, So the nearest lot is probably 80 plus feet. OK, OK. 00:42:13
Better understand. Thank you. 00:42:19
Appreciate it. OK. 00:42:21
Thank you, Sir. Thank you. 00:42:23
OK. 00:42:25
Having heard from. 00:42:27
All parties? Do we have a ballot? 00:42:28
I do. 00:42:31
Docket FC-03-206-19. 00:42:33
Prime property development representative. Adjacent copperweight. 00:42:38
After careful review, the board finds that. 00:42:42
Number one approval of the variance will not. 00:42:45
Be adjourned to the public. Health, safety, morals. 00:42:48
In general welfare of the community because. 00:42:51
The average density of the proposed lot still fall under the required. 00:42:53
One unit per acre development standard. 00:42:57
Forward while providing a density. 00:43:00
Options to the community. 00:43:04
#2. 00:43:06
The use and value of the area adjacent to the property include included in the variance. 00:43:07
Will not. 00:43:13
Be affected in a substantial adverse manner because the property is already zoned as general commercial. 00:43:14
With a commercial subdivision already in existence to the South. 00:43:21
The comprehensive plan encourages commercial development. 00:43:25
Be directed to the areas such as this one. 00:43:28
Designated as Commercial Growth districts. 00:43:31
#3. 00:43:35
The strict application of the terms of the zoning ordinance will. 00:43:36
Result in practical difficulties in the use of the property because. 00:43:40
The commercial market demand is. 00:43:44
For a diversity of lot sizes. 00:43:46
This proposed proposal provides. 00:43:49
One larger lot of 2.305 acres in three smaller lots of less. 00:43:51
Than an acre each to meet local. 00:43:57
Commercial demands. 00:43:59
Despite being zoned general commercial. 00:44:01
This lot has. 00:44:04
Set under develop for over decades. 00:44:05
#4 This variance does not involve a structure that is near an airstrip. 00:44:09
And Reg. 00:44:14
Indiana code 82110. 00:44:15
The Board of Zoning. 00:44:20
Pill hereby grants. 00:44:22
The petitioner variance at the meeting held on the 13th day of April. 00:44:24
2026 and that completes my ballot. 00:44:28
OK, we have a ballot. Do we have a 2nd? I'll second it. 00:44:32
OK. We have a ballot and a second. Any other questions or comments from the board? 00:44:35
Seeing none, all those in favor signify by saying aye aye. Any opposed like sign. 00:44:39
OK, that one passes. Do we have a ballot for? 00:44:45
FC-03-206-20. 00:44:49
I do. 00:44:52
OK. All right. 00:44:53
This is docket FC-03-206-20. 00:44:55
Petitioner. 00:45:01
Prime Properties Development Company representative is Jason Copper White. 00:45:02
After careful review, the board finds that. 00:45:06
Approval of the variance will not. 00:45:10
Be injurious to the public health, safety, morals and general welfare of the community because. 00:45:13
These lot frontages are facing a low speed subdivision St. reducing the potential for traffic backup. 00:45:18
Due to patrons. 00:45:26
Or exiting a lot. 00:45:29
The subdivision has an intent to service. 00:45:31
Attention service letter from the Highlander Fire Protection District. 00:45:34
#2. 00:45:38
The use and value of the area adjacent to the property included in the variance will not. 00:45:40
Be affected in a substantial adverse manner because. 00:45:45
The property is already zoned as general commercial. 00:45:48
With a commercial subdivision already in existence to the South that includes several strip malls sharing. 00:45:52
Road frontage. 00:45:58
Item 3. 00:46:00
The strict application of the terms of the zoning ordinance will. 00:46:02
Result in practical difficulties. 00:46:06
In the use of the property because. 00:46:09
The commercial market demand. 00:46:11
Is for the diversity. 00:46:13
Of lot sizes. 00:46:15
The particular property is located along Hwy. 150 and providing A subdivision St. limits. 00:46:17
The accessibility space available creating thinner. 00:46:22
Item 4. 00:46:27
This variance does not involve a structure that is near an airstrip. 00:46:28
And regulated under code. 00:46:33
8-201-10. 00:46:35
The Board of Zoning Appeal appeals hereby grants. 00:46:41
The petitioner of variance at the meeting. 00:46:44
Held the 13th day of April, 2026, with the following condition. 00:46:47
That. 00:46:54
The. 00:46:55
Petitioner will work with staff. 00:46:56
And the county engineer. 00:46:59
On entrance locations. 00:47:01
For future development. 00:47:04
OK, We have a motion or a ballot. Do we have a 2nd? I'll second. 00:47:07
With the ballot and a second, any other questions or comments from the board? 00:47:10
Seeing none, all those in favor signify by saying aye. 00:47:15
Aye, any opposed like son? 00:47:18
And that motion passes. 00:47:21
Thank you very much. Thank you. 00:47:25
Folks, looking at the agenda tonight, I do not see anything else on there. Is there anything else? 00:47:28
Staff is aware to come before the board. 00:47:33
Seeing none, I would entertain a motion to adjourn. 00:47:36
No. Everybody leave until they get this sign, please. OK, we do have to sign the ballot, but we still can adjourn. 00:47:38
Motion to adjourn from. 00:47:43
We have a motion. Do we have second, second. 00:47:45
Motion and 2nd All those in favor signify by saying aye aye, and we are. 00:47:47
Adjourned. Thank you folks, for being here. 00:47:52
You really really, really really. 00:47:57

Transcript

Event transcript
Hi, good afternoon everybody. I would like to call tonight's meeting at the Floyd County Board of Zoning Appeals, umm. 00:00:01
To order. 00:00:08
And. 00:00:09
It is 5:00 exactly. 00:00:10
And today is Monday, April. 00:00:13
13th. 00:00:15
So we'll begin with roll call. 00:00:16
Mr. Beeble. 00:00:19
Here here. 00:00:20
Here here. 00:00:23
Here, OK, we do have a full board, so we will move on from there. 00:00:26
Next item on our agenda this evening is the minutes of our March 9th meeting. 00:00:31
We also umm. 00:00:36
Have had a subsequent meeting since then on the 26th, but those minutes were not prepared, so I'm going to ask that we just 00:00:38
discuss and vote on the minutes of the ninth meeting. 00:00:43
Those were circulated in advance, so I would entertain any. 00:00:47
Corrections, comments, or. 00:00:52
Edits to those. 00:00:54
I'll make a motion to approve. 00:00:56
OK. We have a motion. Do we have a 2nd I'll second. 00:00:57
Motion is second. All those in favor signify by saying aye aye. 00:01:00
Any opposed like son the minutes? 00:01:03
Are passed for the March 9th meeting. 00:01:06
We will review the others in our next meeting. 00:01:08
We do not have any announcements that I'm aware of this evening, although. 00:01:13
I would like to introduce a new member of our board this evening. Mr. Mark Lawrence is here. 00:01:17
He's joined the board since our last meeting and we're happy to have him. So welcome. 00:01:22
Thank you very much. Appreciate it. 00:01:26
All right, we'll jump right into our. 00:01:28
Agenda this evening. 00:01:30
The first three items on our agenda. 00:01:32
Are all from the same applicant. 00:01:35
So is the applicant or their representative here? 00:01:37
For items one through 3. 00:01:41
Come forward and I'm gonna make a statement and ask you a question. So hang on one moment here. 00:01:45
So what we often do? 00:01:49
When we have multiple items for the same applicant. 00:01:52
Is we ask if they're OK if we. 00:01:54
If we hear them as one or at one time. 00:01:57
And then vote on them separately that it's just more efficient for everyone else that's here. Are you OK with we do that? 00:02:00
Yes, we agree to that. Sure. 00:02:06
OK, that's fine. 00:02:08
And then I understand that you may have an interest in withdrawing one of the three. Yes, the owner has a. 00:02:08
Agree to withdrawal of. 00:02:14
The item for the required sidewalks. 00:02:17
OK, Thank you. And I made a mistake. I should have asked you to state your name and address for the record, please. My name is 00:02:20
Todd Lanning. 00:02:23
And I'm with a milestone group. 00:02:26
And our address is 108. 00:02:28
Daventry Lane, Suite 200. 00:02:30
Are actually Suite 300. 00:02:34
And it's Louisville, KY. 00:02:35
40223. 00:02:37
OK. Thank you, Todd. We will call you back up in just a moment. Thank you. 00:02:39
And just for clarification, agenda item 2FC0326-14, the sidewalk request, is that correct? 00:02:43
Yeah, FC 03. 00:02:56
20. 00:02:58
14, yeah, that is your request withdrawal. That's the request. Thank you. 00:02:59
Folks, I have a question for the audience. Were you guys able to hear her just now? 00:03:05
Yeah. 00:03:09
You couldn't hear him. 00:03:11
OK. 00:03:13
It is working. Thank you. 00:03:17
OK, so so moving on with our agenda this evening, the first item on our agenda is FC-03-206-13. It is a development standards 00:03:19
variance. 00:03:24
And Frank is going to give us the. 00:03:29
The staff report. 00:03:31
And the antigen to item 3 which is FC. 00:03:34
Dash 03-206-15. 00:03:37
Correct. 00:03:40
Also, I've got the updated site construction plans which I didn't have previously. We got these today. 00:03:42
So I've got a copy here for the board. 00:03:49
And that includes some of the updates that have been made based on recommendations and stuff. 00:03:57
So docket number FC32613, petitioner TTCJ Properties, LLC. 00:04:02
Representative Chad Ernst and Todd Lanning. 00:04:09
Location 4865 Old Vinson Rd. Floyds Knobs IN. 00:04:11
Request development standards variance from the minimum size. 00:04:16
And the zoning district is general commercial. 00:04:19
Applicant is seeking a development standards variance from Section 4.44 of the Floyd County Zoning Ordinance to allow a commercial 00:04:21
structure to have less than the minimum 2000 square foot requirement. 00:04:27
In the general commercial zoning district. 00:04:32
For extra clarification, that was. 00:04:35
To be 440 square feet for the proposed structure. 00:04:37
This property is a non conforming lot with 0.45 acres located along Old Vincennes Road near the Highway 150 intersection. 00:04:40
And currently has a non conforming commercial building on the lot. 00:04:48
The existing non conforming structure will be removed and a new non conforming structure is being proposed. 00:04:51
The proposed development is located between two gas stations with the Highland subdivision to the South. 00:04:56
There's not currently sidewalk provided along the stretch of Oldinson's Road. 00:05:01
Approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community because. 00:05:05
A non conforming structure is already present on the site. 00:05:10
And given the size of the site with the traffic on Old Benson's Road, a larger structure which struggled to fit on the site with 00:05:13
adequate parking and navigation. 00:05:16
The petitioner has agreed to write in write out acts. 00:05:19
Write out only access to the site to mitigate traffic concerns. 00:05:22
The use and value of the area adjacent to the property included in the variance will not be subject to sorry will not be affected 00:05:26
in a substantially adverse manner. 00:05:30
Because the non conforming structure currently exists on the site and the adjacent uses are gas stations which are a much more 00:05:34
intensive use than anything else nearby. 00:05:38
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:05:42
because. 00:05:44
Given the size of the site with the traffic on Old Vincennes Rd. A larger structure which struggled to fit on the site with 00:05:47
adequate parking and navigation. 00:05:51
The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 00:05:54
For staff comments. 00:06:01
A technical review committee was hosted on February 19th where concerns were raised over car stacking for the drive through and 00:06:02
people turning left into the site from open Sends Rd. 00:06:06
The county engineer recommended a write in write out access to Old Vincennes Road and signage stating do not block intersection. 00:06:10
Applicant has submitted an updated development plan showing the write in write out access. 00:06:17
The stormwater director also requested that the parking and dumpster at the rear of the site be flipped. 00:06:21
So that the dumpster was further from the stormwater channel in the West and the detention basin for the Highlands. As an extra 00:06:25
note, the plan that I. 00:06:28
Just submitted to you guys. Has that reflected on it? 00:06:32
Staff Recommendations. 00:06:35
Whereas the site is currently non conforming at 0.45 acres, Currently has a non conforming structure under the minimum square 00:06:37
footage requirement. 00:06:40
Will not have a negative impact on the health, safety, general welfare of the community or on the value of the adjacent 00:06:43
properties. 00:06:46
And we're strict adherence to the zoning ordinance will result in practical difficulties. Staff has no recommended conditions for 00:06:49
approval of this petition. 00:06:52
Moving to the next. 00:06:58
Agenda item 3. 00:06:59
Docket number FC 3/26/15. 00:07:01
Petitioner TTCJ Properties, LLC Representative Chad Ernst and Todd Landing. 00:07:04
Same location. 00:07:09
Request was development standards variance for transparency. 00:07:11
And also zoning district of general commercial. 00:07:14
Applicant is seeking a development standards variance from Section 8.06, Item E, one of the Floyd County Zoning Ordinance, to 00:07:18
allow a commercial structure in the Highlander Point Overlay District to have less than the minimum. 00:07:23
Sorry, minimum of 30% of the front facade on the ground floor is transparent. 00:07:28
Consisting of windows or door openings. 00:07:32
The property is a non conforming lot with 0.45 acres located along Old Vinson's Road near the Highway 150 intersection. 00:07:34
And currently has a non conforming commercial building on the lot. 00:07:41
The existing non conforming structure will be removed and a new non conforming structure is being proposed. 00:07:44
The proposed development is located between two gas stations with the Highland subdivision to the South. 00:07:49
And there's currently no sidewalk provided along the stretch of Oldinson's Road. 00:07:53
Approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community because 00:07:58
the variances from an aesthetic concern to the proposed design has been approved by the State of Indiana Code requirements per the 00:08:02
applicant. 00:08:05
No injurious impact is expected. 00:08:09
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse 00:08:12
manner because the adjacent uses along Old Vincennes Rd. are gas stations, with the Marathon gas station predating the current 00:08:15
standards. 00:08:19
No substantially adverse impact is expected on the user value of this area. 00:08:23
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:08:28
because. 00:08:30
Given the site. 00:08:33
Sorry, given the size of the site with the traffic on Old Vincent's Road, a larger structure would struggle to fit on the site 00:08:35
with adequate parking and navigation. 00:08:38
Given that this is a drive through only site, extra windows would not provide aesthetic views of the lobby. 00:08:41
And the taller building structure to the right with the Bigby signage, is a bathroom. 00:08:45
The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 00:08:50
For staff comments. 00:08:56
A technical review committee was hosted on February 19th where concerns were raised over car stacking for the drive through and 00:08:57
people turning left into the cycle Vincent's Road. The county engineer recommended a write in write out access to Oldenson's Road 00:09:01
and signage stating do not block intersection. 00:09:05
Applicant has submitted an updated development plan showing the right MRI of access. 00:09:10
Stormwater Director also requested that the parking and dumpster in the rear of the lot be flipped so that the dumpster was 00:09:14
further from the stormwater channel in the West and that detention basin for the Highlands. And again, you guys have that updated 00:09:17
plan. 00:09:21
Staff Recommendations Whereas the site is currently non conforming at 0.45 acres and any structure will need to have a reduced 00:09:25
footprint. 00:09:28
Where the reduced footprint reduces the aesthetic value of the transparency standard. 00:09:32
Where the variance will not have a negative impact on the health, safety, general welfare of the community or on the value of the 00:09:36
adjacent properties, and where strict adherence to the zoning ordinance will result in practical difficulties, staff has no 00:09:40
recommended conditions for this addition. 00:09:44
OK. Does the ward have any questions? 00:09:50
For Frank while he's here. 00:09:53
Not at this time. None at this time. Thanks, Frank. 00:09:56
OK, we have. 00:10:01
Heard from staff. 00:10:02
I would now like to ask. 00:10:04
Representative for the applicant or the applicant to come forward again. 00:10:06
Since we got your name and address earlier, you can just state your name again please just for clarity. 00:10:13
Yes, my name is Todd Landing. 00:10:18
Last name is LANNING. 00:10:20
Thank you. Todd, is there anything else that you would like to share with the board? 00:10:23
Given what staff just went over. 00:10:27
I think Frank. 00:10:31
Franklin's adequately addressed all the. 00:10:32
The points of the project and I really don't have anything further to add except to maybe ask answering your questions that you 00:10:35
may have. 00:10:38
Gotcha. Thank you. Is there any questions from the board? 00:10:41
I've got a question. 00:10:44
The the basin. 00:10:45
That's off to the. 00:10:46
Left of the site, it's got here Kroger limited partnership. 00:10:49
That's the, that's the retention basin that they're going to use. 00:10:53
That's is that where it's going to? 00:10:57
Yes, the water will actually surface flow into that basin area. 00:10:58
And so is that like a regional basin or something they? 00:11:03
Kroger's built that, and they have a right to use that. 00:11:06
They're not killed, Nick. 00:11:08
Are you building the retain? No, it's an existing base. That's my thought, yes. 00:11:10
So. 00:11:14
As far as? 00:11:15
I'm not sure if it's a regional kind of local there's is there an agreement to use it I guess? 00:11:17
What? I'm asking. Yeah, I. 00:11:21
Honestly. 00:11:23
I, I really don't know that. I think we we have the right to do it, but I'm not sure exactly 100%. 00:11:25
Frank, you might be able to add to that, possibly Frank. 00:11:30
Hey there, Nick. 00:11:36
Sorry. 00:11:38
Nick Creepy, director of. 00:11:41
Play Commission operations. 00:11:43
The site itself falls under the storm water requirements, so the natural drainage of of the property is allowed. 00:11:46
We do not require them have to have independent. 00:11:56
Drainage. 00:12:01
And the stormwater director? 00:12:02
Was part of the TRC for this. 00:12:05
It has reviewed those plans and and finds some contribution drains to that basin already. 00:12:09
Right it it does. 00:12:15
OK. 00:12:17
All right. Thanks, Nick. 00:12:18
Any other questions from the board? 00:12:23
Anyone else? 00:12:25
OK. Thank you, Sir. All right, thank you. 00:12:28
OK. Having heard from staff and the applicant will close those sections of the meeting and we will open the floor to anyone else 00:12:33
here this evening that would like to come forward and speak in favor. 00:12:38
Of this request. 00:12:43
Seeing none, we'll close that section and we'll open the floor to anyone who would like to come forward in opposition. 00:12:48
To the request. 00:12:53
OK, seeing. 00:13:00
Seeing none. 00:13:02
Then I would entertain a ballot. 00:13:03
I have. 00:13:07
Docket FC03-206-13. Petitioners named TTCJ Properties. 00:13:09
LLC. 00:13:16
After Keffer reviewed, the board finds that. 00:13:17
One approval of the variance. 00:13:19
Will not be injurious. 00:13:21
To the public health, safety, morals and general welfare of the community because. 00:13:22
A non conforming structure is already present on the site. 00:13:26
Given the size of the site. 00:13:29
And the large volume of traffic on Old Vincent's Road, a larger structure which struggled to fit. 00:13:31
On the site with adequate. 00:13:36
Parking and navigation. 00:13:37
The petitioner has agreed. 00:13:39
Do a write in and write out only access to the site to mitigate traffic concerns. 00:13:41
#2 the use and value of the area adjacent to the property included in the variance. 00:13:47
Will not be affected in a substantial adverse manner because a non conforming structure currently exists on the site and. 00:13:52
And adjacent uses. 00:13:58
Or gas stations. 00:14:00
Which are much more. 00:14:01
Intensive use than the proposed business. 00:14:03
#3 the strict application of terms of zoning garnish. 00:14:06
Will result in practical difficulties in the use of the property because the size of the site. 00:14:09
And with traffic on Old Vincent Rd. a larger structure would struggle to fit on the site with adequate parking and navigation. 00:14:14
#4 The variance does not involve a structure. 00:14:22
That is near an airstrip or regulated in Indiana code H-201-10. 00:14:25
The Board of Zoning Appeals hereby grants the petitioner variance that the meeting held on the 13th of April, 2026 that completes 00:14:32
my ballot. 00:14:35
OK, we have a ballot. Do we have a second? 00:14:39
I'll second. 00:14:42
The ballot and a second. 00:14:42
Any other questions or comments from the board? 00:14:44
Seeing none. 00:14:47
All those in favor signify by saying aye. 00:14:48
Aye, any opposed? 00:14:50
That motion passes. 00:14:52
Having heard from staff. 00:14:55
For FC-03-206-13 and just voted on that one as well as FC-03-206-15. 00:14:57
Do we have a ballot for the second? 00:15:07
Request I do. 00:15:09
Docket FC03-206-15. Petitioner TTC J Properties, LLC. 00:15:12
After Keffer reviewed, the board finds that one approval of the variance will not be interest to the public health safety. 00:15:19
Morals and gender warfare the community because this variance is from an aesthetic concern. 00:15:25
And the proposed. 00:15:30
Design has. 00:15:31
Has been. 00:15:32
Approved by the state of Indiana's code requirements per the application. 00:15:34
Per per the applicant. 00:15:38
No injurious impact is expected. 00:15:40
#2. 00:15:42
The use and value of the area adjacent to the property included in this variance. 00:15:43
Will not be affected in a substantial adverse. 00:15:47
Matter because the adjacent uses along with Vincent Rd. or gas stations. 00:15:51
No substantially adverse impacts is expected on the use. 00:15:56
Or value of the area. 00:16:01
With the with the addition of this business. 00:16:02
#3 the strict application that turns the zoning. 00:16:06
Will result in practical difficulties and use the property because the size of the site. 00:16:09
And with the traffic. 00:16:14
Of on the old Vincent's Road, a larger structure would struggle to fit on the site with adequate parking and navigation. 00:16:16
Given that this is a drive through only development extra windows. 00:16:22
Were not significantly improved the aesthetics of the structure. 00:16:26
#4 the variance. 00:16:30
Does not involve a structure that is near an airstrip and regulated under Indiana Code 8-201-10. 00:16:31
The Board of Zoning Appeals hereby grants the petitioner. 00:16:39
Variance at the meeting held on the 13th of April 2026 that completes my ballot. 00:16:41
OK, we have a ballot. Do we have a second? 00:16:47
I'll second. 00:16:49
We have a ballot and a second. 00:16:50
Any other? 00:16:52
Questions or comments from the board? 00:16:53
Seeing none, all those in favor signify by saying aye. 00:16:55
Aye, any opposed like sign? 00:16:58
That motion. 00:17:00
Also. 00:17:02
Passes. 00:17:02
Congratulations. 00:17:05
Thank you. 00:17:06
Moving on with our agenda this evening. 00:17:08
Agenda. 00:17:12
Items. 00:17:13
4:00 and 5:00. 00:17:14
Also. 00:17:16
Two requests from. 00:17:17
The same applicant and I see a representative from that applicant coming forward. 00:17:19
If you don't mind, state your name and address for the Mr. Chairman Jason Copperway with Primavera and Associates, 1000 Bell Lane, 00:17:23
New Albany, IN. 00:17:26
We are. 00:17:30
Perfectly happy, and we're actually going to request that those two docket items be heard together. 00:17:31
Thank you very much. Thank you. 00:17:35
OK, so. 00:17:38
We have for consideration this evening agenda items four and five, FC-03-206-19. 00:17:39
And FC-03-26 Dash. 00:17:48
20 and Frank is once again gonna. 00:17:51
Give us the staff report on both of those and then we'll discuss and vote separately. 00:17:54
OK. 00:17:59
Docket number FC 3/26/19 Petitioner Prime Property Development Code. 00:18:02
Representative Jason Copperway, Location Hwy. 115 does not have an address at this time. 00:18:07
Parcel #22. 00:18:13
04. 00:18:14
01. 00:18:15
900. 00:18:16
Dash 83. 00:18:17
.000 Dash 006. 00:18:19
Request development standards variance for the lot area for Summit Ridge Commons. 00:18:23
Zoning district is general commercial. 00:18:27
The petitioner is seeking a development standards variance from section 4.44. 00:18:29
The general commercial development improve. 00:18:34
Performance standards to allow lots numbered 1-2 and four to be less than the required minimum lot area. 00:18:36
Of 43,560 square feet of one acre. 00:18:41
Lot #1 is proposed as 0.546 acres. Lot #2 is proposed at. 00:18:45
0.655 acres and lot #4 is proposed at 0.9 acres. 00:18:51
The property is located within a commercial growth area, the Lafayette Township. 00:18:55
And falls under the Highlander Point overlay district. 00:18:59
With the Highlander Point corridor identified as a main commercial corridor and a primary gateway for the county as identified by 00:19:01
the Comprehensive Plan. 00:19:05
The property is surrounded by commercial and residential growth areas within the Lafayette. 00:19:09
This land is designated as a growth area due to its proximity to utilities, Hwy. 64 and existing amenities such as shops, schools, 00:19:13
and other institutions. 00:19:18
With an intent to focus development here rather than in areas. 00:19:23
That the plan has designated as transitional or agricultural areas. 00:19:27
To the east is the platted subdivision of Fairway Estates, zoned residential suburban. 00:19:31
To the north, along the southern side of East Luther Rd. are a vacant property and a single family residence is owned urban 00:19:35
residential. 00:19:38
To the West, across Hwy. 150 are wooded properties, zoned residential, suburban and urban residential. 00:19:42
To the southwest, South and southeast are various properties zoned general commercial. 00:19:47
The site has proposed access through the new. 00:19:53
Proposed signalized intersection along Hwy. 150 that will connect to the new JC on the other side of the highway. 00:19:55
The site proposes further connection to the. 00:20:02
Lacolet commercial plated subdivision to the South. 00:20:05
And we'll have a road ext to allow for connections to East Luther Rd. should future developments occur. 00:20:08
The applicant is requesting A variance from lot area with the intent of providing a diversity of commercial lot options. 00:20:14
The gross density of the proposed subdivision is 0.68 units per acre. 00:20:20
And excluding the common area and roadways, the average density is 0.94 units per acre. 00:20:24
Meaning that on an average it is meeting that general. 00:20:29
Commercial development requires. 00:20:32
Approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community because 00:20:35
the average density of the proposed lots still falls under the required one unit per acre development standard. 00:20:40
Department while providing a diversity of options to the community. 00:20:45
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse 00:20:49
manner because the property is already zoned as general commercial. 00:20:53
With the commercial subdivision already in existence to the South. 00:20:58
The comprehensive plan encourages commercial development. 00:21:01
Be directed to areas such as this one, designated as commercial growth districts. 00:21:05
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:21:09
because the commercial. 00:21:12
Market demand is for a diversity of lot sizes. 00:21:15
This proposal. 00:21:18
Provides one larger lot of 2.305 acres and three smaller lots of less than one acre each. 00:21:20
To meet local commercial demand. 00:21:26
Despite being zoned general commercial, the slot has sat undeveloped for over a decade. 00:21:27
The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 00:21:32
For staff comments, the 2017 Comprehensive Plan indicates an opportunity to focus on entrepreneurship. 00:21:38
Identified on pages 2831 and 37 of the Comp Plan. 00:21:44
Entrepreneurs and commercial uses do not have a uniform set of needs for space. 00:21:48
The website loopnet lists. 00:21:53
Local commercial lots and of the 16 listed lots, two of them were under one acre. 00:21:55
As a potential indication of the lack of supply in this size range. 00:22:00
While This site is wooded, the site was previously cleared as recently as 2010. 00:22:04
Many of the trees on the site are now invasive species that do not add to the rural character or ecological health of the 00:22:08
community. 00:22:11
Staff Recommendations. 00:22:15
Whereas the proposed variance provides flexibility of lots while still meeting an average density requirement. 00:22:16
Where the comprehensive plan supports lowering barriers to entry for entrepreneurs. 00:22:22
Where this is a commercial growth area and where there is no expected negative impact to the public health, safety, general 00:22:26
welfare or the value of adjacent properties. 00:22:29
And where this lot has sat vacant for the last decade, staff has no recommended conditions for approval of this petition. 00:22:33
OK. 00:22:46
2nd docket. 00:22:47
Docket number FC 3/26/20. 00:22:49
Same petitioner, same location. Request development standards variance for lot width and frontage for some average Commons. 00:22:52
The petitioner is seeking a development standards variance from section 4.44, General Commercial Development and Performance 00:22:59
Standards, to allow lots numbered 1234 and six to be less than the required minimum lot width and frontage of 200 feet. 00:23:05
Lot #1 is approximately 110.82 feet. 00:23:12
Lot #2 is approximately 121.97 feet. 00:23:16
Lot #3 is 184. 00:23:19
.10 feet. 00:23:21
Lot #4 is 137.42 feet. 00:23:23
And lot number six is 183.87 feet. 00:23:26
The approximations are based on curves. 00:23:29
From the. 00:23:31
The property is located within a commercial growth area of the Lafayette Township and falls under the Highlander Point Overlay 00:23:33
District, with the Highlander Point corridor identified as a main commercial corridor and a primary gateway for the county has 00:23:37
identified by the Comprehensive Plan. 00:23:41
This property is surrounded by. 00:23:45
Commercial and residential growth areas within the Lafayette Township. 00:23:47
This land is designated as a growth area due to its proximity to utilities, Hwy. 64 and existing amenities. 00:23:50
With an intent to focus development here rather than in areas that the plan is designated as transitional or agricultural areas. 00:23:56
To the east is the planet subdivision of Fairway Estates, zoned residential suburban. To the north, along the southern side of 00:24:02
East Luther Rd. are a vacant property and a single family residence, zoned urban residential. 00:24:07
To the West, across Hwy. 150 are wooded properties, zoned residential, suburban and urban residential. 00:24:12
To the southwest, South and southeast are various properties zoned general commercial. 00:24:17
The site has proposed access through the newly proposed signalized intersection along Hwy. 150 that will connect to the new JC on 00:24:22
the other side of the highway. 00:24:25
The site. 00:24:29
Proposes further connection to the Lafollette. 00:24:31
Commercial platted subdivision to the South. 00:24:34
And we'll have a road ext to allow for connections to East Luther Rd. should future development occur. 00:24:37
The applicant is requesting A variance from lot area. 00:24:41
Or sorry from lot width with a intent of providing a diversity of commercial lot options. 00:24:45
The growth density of the proposed subdivision is .68 units per acre. Excluding the common areas and roadways, you average density 00:24:50
is .94 units per acre. 00:24:53
Approval of the variance will not be injurious to the public health, safety, morals and general welfare of the community because 00:24:58
these lot frontages are facing a low speed subdivision St. 00:25:02
Reducing the potential for traffic backing up to to patrons entering or exiting a lot. 00:25:06
The subdivision has an intent to service letter from the Highlander Fire Protection District. 00:25:11
The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse 00:25:16
manner because the property is already zoned as general commercial. 00:25:20
With the commercial subdivision already in existence to the South, that includes several strip malls sharing their Rd. frontage. 00:25:25
The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property 00:25:31
because the commercial market demand is for a diversity of lot sizes. 00:25:35
This particular property is located along Hwy. 150 and providing A subdivision St. limits the accessible space available, creating 00:25:39
thinner lots. 00:25:43
The variance does not involve a structure that is near an airstrip and regulated under Indiana Code 82110. 00:25:47
For staff comments. 00:25:53
The 2017 Comprehensive Plan indicates an opportunity to focus on entrepreneurship. 00:25:55
That's pages 2831 and 37 of the compliant. 00:25:59
Entrepreneurs and commercial users are. 00:26:02
Sorry, entrepreneurs and commercial uses do not have a uniform set of need for space. 00:26:04
The website Loopnets lists local commercial lots. 00:26:09
And of the 16 listed lots, two of them were under one acre, potentially indicating a lack of supply and the size range. 00:26:12
While This site is wooded, the site was previously cleared as recently as 2010. Many of the trees on the site are invasive species 00:26:18
that do not add to the rural character or ecological health of the community. 00:26:22
For staff recommendations, whereas the proposed variance provides flexibility of lots while still meeting an average density 00:26:27
requirement. 00:26:30
Where the fire district provided an intent to service letter implying no issue with providing services to the lots despite their 00:26:33
shorter frontage. 00:26:36
Where the comprehensive plan supports lowering barriers to entry for entrepreneurs. 00:26:39
Where this is a commercial growth area and where there is no expected negative impact to the public health, safety, general 00:26:44
welfare or the value of the adjacent properties, and where this lot has sat vacant for the last decade, but where lots one and two 00:26:48
have a particularly reduced frontage. 00:26:52
Staff recommends the following condition. 00:26:56
Lots #1 and #2 are to share an access drive and create an. 00:26:58
In a shared parking lot use and maintenance agreement. 00:27:02
OK. Thank you, Frank. 00:27:08
Any questions from the board? 00:27:09
Of Frank. 00:27:11
Thank you. 00:27:14
OK. 00:27:16
We have heard the staff reports. 00:27:17
Mr. Copperweight. 00:27:20
Let you come forward again, please. 00:27:22
The information you have, I just want to make sure you. 00:27:29
Hey, Cortana. 00:27:34
Thank you. 00:27:36
Mr. Copperweed, is there anything else you would like to add to what? 00:27:50
Frank's already shared with us. Yeah, I think staff did a pretty good job explaining the project. This is 8.8 acres on the 8.88 00:27:54
acres on the South side of about a 17 acre parcel. 00:27:59
It's on the east side of 150, just north of Apollo Station. 00:28:04
It is proposed to be. It is already zoned general commercial. 00:28:08
So we're not here asking for any use variances or. 00:28:11
Changing any uses that's already. 00:28:14
By right, what we're asking for later tonight at the Planning Commission is a subdivision. 00:28:15
A6 lot subdivision. 00:28:20
Plus a common area. 00:28:21
As you mentioned in the staff report. 00:28:24
I'll phrase his ratio in another way. 00:28:26
If you take the six lots and divide it by the average. 00:28:28
It's actually 1.07 acres per lot. 00:28:32
Because you have one lot that's 2.3 acres. 00:28:34
A couple of lots that are one acre. 00:28:37
And then a couple that are three of them that are slightly smaller, but the average lot size is greater than. 00:28:39
That one acre. 00:28:43
COVID obviously changed the marketplace. 00:28:45
There are many businesses that just do not need an acre anymore. 00:28:48
Your zoning ordinance was written back in 2006. 00:28:51
Probably need some updates, but that's not why we're here tonight. But. 00:28:54
You know and and this is not an announcement of any potential user, but users like. 00:28:58
Seven Brew. 00:29:03
Starbucks. 00:29:04
Smaller, even bank. 00:29:06
Bank tellers that just need an ATM or something like that, they just don't need an acre. 00:29:08
So what the developer is trying to do here is create, as staff mentioned, a diversity of lot sizes. 00:29:12
That that would meet meet some market needs that are out there. 00:29:18
In addition, the property is about 288 feet wide. 00:29:22
And we're dedicating 56 feet for. 00:29:25
A road ride away on the east side. 00:29:28
Which leaves. 00:29:30
You know you're you're at your ordinance is sort of envisioning a 200 by 200. 00:29:31
Lot, acre, lot. 00:29:36
Well, we have an extra width that we have nothing to do with. 00:29:37
So we could get our acre on some of the lots without slightly reduced. 00:29:41
With frontage so. 00:29:44
So the width of the lot as well as just general changes in in market conditions. 00:29:46
Is our hardship. 00:29:51
I did want to talk about and I apologize to staff. 00:29:53
I didn't. I had read the staff report but I didn't see that condition the following on. 00:29:55
About the shared access drive and the interlocal parking. 00:30:00
When we had met with the plat review committee on site. 00:30:04
One of the members had asked us. 00:30:08
You know, are you going to come back for zoning? 00:30:10
Variances on parking and that kind of thing. 00:30:12
And and Mr. Sam's answer. Who's with me tonight? 00:30:14
Was that that the user would be tailored to that size lot so. 00:30:17
You know, a smaller footprint would. 00:30:21
Would naturally result in lower parking spaces. 00:30:23
As the site grades and I know some of you have visited the site. 00:30:28
It rises from the fallout station. 00:30:31
Sort of high in the middle and then it drops off again. 00:30:34
As these lots are developed, they're going to have some great change. 00:30:37
Lot to lot. 00:30:40
I'm not sure that we're going to be able to do shared parking among those lots because of that grade change. 00:30:42
I guess I would request that that condition be changed. 00:30:48
Work with the county engineer. 00:30:51
To properly locate. 00:30:53
Driveways, which we have to do anyway. 00:30:55
Rather than imposing a shared. 00:30:58
Driveway and shared parking. 00:31:00
We just don't know what those. 00:31:02
How those lofts are going to layout? 00:31:03
But certainly have no problem working with the county and the county engineer to make sure that it's. 00:31:05
That is functional and and that it meets everyone's needs, obviously. 00:31:09
But but we'd we'd rather not. 00:31:13
We'd rather not have that condition at most. 00:31:16
We haven't answered any questions you have. 00:31:18
Any questions from Mr. Copperwick? 00:31:20
I have a question. 00:31:23
Again, looking at the preliminary plat and as it. 00:31:25
I see their proposed signal off 150. 00:31:28
And maybe I'm getting ahead of myself here. 00:31:31
Where would an exit lane? 00:31:33
Be to exit into that where the signal is to turn I just. 00:31:35
So. So I think the county is designing those signal plans and the version that I saw had a full blown intersection. 00:31:39
With signal. 00:31:46
With a left turn into the. 00:31:48
Site across 150 right turns into ours as well as left turns from the northbound. 00:31:50
I just came to our side as well. 00:31:55
So that intersection is. 00:31:57
Federal project. 00:32:01
So we have in dot standards. 00:32:02
All of the. 00:32:04
Turning motions. 00:32:07
On all sides of that intersection. 00:32:09
Have been proposed and accepted by in that. 00:32:12
To meet any and all of our traffic demand through there. 00:32:15
OK. Thank you. 00:32:19
Other questions? 00:32:21
Seeing none. Thank you. 00:32:25
Thank you. 00:32:26
Oh, Jason, sorry. 00:32:28
I'm sorry. 00:32:30
Since some of the I don't know if everybody visited the site. 00:32:32
We can, I don't think, I don't know if everybody on the board visited the site. 00:32:36
But would you kind of explain? 00:32:39
That this is a. 00:32:41
Detention basin situation here, Sure. So the common area on the North End of the site shown on the plat. 00:32:42
Is is set aside for a detention basin? 00:32:48
Your stormwater manual in a residential subdivision. 00:32:51
Requires COM. 00:32:54
Detention basins to be in common areas. 00:32:56
For commercial, it doesn't. 00:32:58
But we are dedicating that as a, as a common area. 00:32:59
That will be maintained by a lot owners association. 00:33:02
And then as I mentioned, the site sort of crowns in the middle. 00:33:05
It drains N toward A toward a stream that runs through there, and it drains S toward the fall station. 00:33:08
So I think you'll see on the plat. 00:33:13
We've designated an area for detention along the South Line. 00:33:15
Before it drains into La Follette or into Hwy. 150. 00:33:19
I think we're right now we're thinking that's going to be underground detention. 00:33:23
So that that law can still be adequately developed with parking over that area. 00:33:26
We've still got to flush those plans out and obviously that gets approved, submitted and approved to county stormwater before we 00:33:30
can. 00:33:33
Proceed. 00:33:37
Anything else? 00:33:39
Thank you again. Thank you. 00:33:42
OK, so. 00:33:47
Again, we've heard from the staff, we've heard from the applicant. 00:33:48
We will close those sections of the median, open the floor to anyone who is here this evening that would like to come forward and 00:33:51
speak in favor. 00:33:54
These requests. 00:33:58
Seeing none, we'll close that section and open the floor to anyone who may be here to speak in opposition. 00:34:03
If you don't mind come forward, state your name and address for the record. 00:34:13
My name is Michelle Atkins. 00:34:19
We own the property they keep. What's your address please? 00:34:22
4615 E Luther OK, one moment before you start just. 00:34:25
To clarify for those either here this evening, want to make sure everyone understands when we open the floor for public comment. 00:34:29
There are time limits. 00:34:35
So we have 10 minutes. 00:34:36
For those who would have been in favor, we didn't have any. 00:34:38
10 minutes for those who were opposed. And then if necessary, we'll bring the applicant back up to respond to any questions that 00:34:41
come up. So I just want to make sure we're clear. 00:34:44
So please go ahead. 00:34:48
Uh, we own the property that is on the north side of. 00:34:51
This proposed. 00:34:55
Start dictation. 00:34:59
And I wanted to state that in. 00:35:00
The staff report. 00:35:03
The gentleman presented something incorrect information. 00:35:05
That is not. 00:35:08
A vacant lot. 00:35:09
That property is part of the lot on the on the corner of 150 and West Luther. 00:35:10
So it is not a vacant lot. 00:35:18
I don't understand what you're saying. 00:35:21
There's nothing built on this property. 00:35:24
But I know what. 00:35:26
This is not a lot. 00:35:34
This belongs to this block, right? 00:35:35
They can, meaning there are no buildings. OK under that, yes, but it is it does belong to this lot and it does not be standalone 00:35:38
lot. 00:35:41
He said this is this is the assessors office. I was using their classification. 00:35:45
Gotcha. 00:35:49
This is mine. 00:35:51
Can you go back down microphone? I'm sorry. 00:36:03
Yeah, we, we need to. We have to come. 00:36:06
She thought about this, she said to the north, repeat what I just said. I just paid Saturday the assessors office. So I know for a 00:36:11
fact, OK, so, so Frank, I'll let you respond to that so we can capture that on on record as well. 00:36:17
Sure. 00:36:24
So I was pulling that information from Beacon using the tax assessor. The assessors listed classification for that corner parcel. 00:36:25
And by that it means vacant, no building on there, not vacant, meaning nobody on, correct? 00:36:35
Was that were were you? 00:36:42
Was your position that it was? 00:36:45
You're you're just clarifying who owns it. 00:36:47
I'm just clarifying that it is. 00:36:49
There is an owner to the property. Gotcha. It is not. 00:36:51
Just a vacant out there piece of property. 00:36:54
Sure, we we understand. 00:36:57
OK, that's what I just wanted to make clear because he kept saying they can never get. 00:36:59
It belongs with the other piece that when the state came through, they cut it right down in half. 00:37:04
I think you you mean vacated. 00:37:08
It's not a vacated lot. 00:37:11
It's owned, but it is vacant, meaning there's nothing on it. 00:37:13
So I just want to clarify for the record. 00:37:18
And then I add my head a question as to because I have not seen the gentleman's actual. 00:37:20
Flat drawings. 00:37:25
What he is planning on putting. 00:37:27
Up against my property. 00:37:29
OK. 00:37:31
Is there anything else? 00:37:33
I, I always say that I, I, I will be an opposition because I always say it in opposition to anything growth in that area. But that 00:37:36
doesn't really matter at this point. 00:37:39
Sure. We'll, we'll give them a chance to respond in just a moment. Thank you. 00:37:43
Is there anyone else that would like to come forward and speak in opposition? Please come forward. State your name and address for 00:37:48
the record. 00:37:51
Hi, I'm Bob Steiner. 00:37:57
3215 chip away court. 00:37:58
I've lived at that location for 49 years. 00:38:01
My house is directly. 00:38:04
Behind where the new light is going to go in. 00:38:06
Probably 300 feet or 400 feet. 00:38:09
Back and my only I'm not necessarily against or. 00:38:11
For the project. 00:38:14
I just. 00:38:15
Was hoping that there might be some discussion about. 00:38:17
Berm or protection? 00:38:19
Along the lines of those properties which. 00:38:21
Mine and probably 10 other people. 00:38:24
Live on that edge of that property. 00:38:27
So. 00:38:30
I don't know what this is appropriate time to ask that or suggest that, but. 00:38:31
Certainly a concern. 00:38:35
We appreciate you bringing that to our attention. We'll make sure that again when. 00:38:36
When the applicant comes back. 00:38:40
That they can speak to that. Great. Thanks. 00:38:42
Thank you. 00:38:44
Was there others here? 00:38:46
Please come forward and state your name and address for the record. 00:38:50
My name is Melanie Davis. 00:38:57
4820 Smith Rd. 00:38:59
I actually own property also on Lawrence Bennett. 00:39:03
But I guess my only question is, I assume that these are going to be connected to the to the sewer and not require septic. 00:39:07
I'm going to let Nick respond to that. 00:39:18
Yes. 00:39:24
Sure. 00:39:28
Was that it? 00:39:29
OK. Thank you. 00:39:31
Is there anyone else? 00:39:33
Here this evening that would like to speak in opposition. 00:39:34
OK, seeing seeing no other. 00:39:42
Comments from the floor. We will close that section. 00:39:45
And Mr. Copper, wait, would you like to come back and address the? 00:39:48
Questions that came up. 00:39:52
Sure. So I'm sure everyone received a notice that was it's too deep from. 00:39:56
The property. 00:40:01
But but the applicant is only developing the sort of the South half. 00:40:02
So it doesn't, it doesn't proceed all the way N to miss Miss Atkins property. 00:40:06
That would remain vacant. 00:40:10
It's still zoned general commercial. It could be developed in the future, but it is not part of this proposal tonight. 00:40:12
As far as Burma protection. 00:40:19
This this. 00:40:21
As as we're developing this property, it actually does not. 00:40:22
I think it's fairway states there's not a but Fairway Estates. 00:40:25
There's another property between this property. 00:40:28
And fairway estates. 00:40:30
There whenever general commercial is developed adjacent to residential. 00:40:32
There are buffer yard requirements. 00:40:36
But we're not. 00:40:39
Touching those properties so. 00:40:40
I don't know that those are subject to. 00:40:41
This property. 00:40:43
And then yes, there is a letter. 00:40:45
I don't know if it's in your file, but in the Planning Commission file. 00:40:47
From New Albany a willingness to serve letter that this will be on sewers. Your ordinance requires that as well. 00:40:50
Right. Thank you, Jason. 00:40:55
Yes. 00:40:56
Could you? 00:40:57
Clarify something here. 00:40:59
The founder. Is this not drawing correctly for? 00:41:01
Here or share that it touches the that may be in in our. 00:41:04
Maybe an in off for drawing but OK if you look see these this line right here. 00:41:08
Yes, Sir, is Fairway states. 00:41:12
OK. 00:41:14
And stuff. Just shortly, just clarification that survey actually. Thank you Sir, understand. 00:41:15
Any other questions for Mr. B? 00:41:23
Mr. Beagle House. I'm sorry, Jason. 00:41:25
Yes. 00:41:28
This is what you're referring to, the darker shaded areas with. 00:41:29
Going now. 00:41:32
I wish and that drawing is just to indicate. 00:41:34
Approximately where it is, it's not definitive. This is what you were talking about, Yeah. 00:41:36
That N to the north is not being developed currently. 00:41:41
Were it to be developed, it would have to come back to the Planning Commission at last. 00:41:46
And with additional notifications. 00:41:49
Got it. Any other questions while he's here? 00:41:51
Yes. 00:41:55
Into Larry's point. 00:41:56
And again, you're saying? 00:41:58
This is not touching the property. 00:41:59
Correct. Do you know what that distance is between? 00:42:01
Approximately 30 feet or so. 00:42:04
And it's road right of way that's near it is not any lot. 00:42:07
The road right away is 56 feet right here, OK. 00:42:10
So, So the nearest lot is probably 80 plus feet. OK, OK. 00:42:13
Better understand. Thank you. 00:42:19
Appreciate it. OK. 00:42:21
Thank you, Sir. Thank you. 00:42:23
OK. 00:42:25
Having heard from. 00:42:27
All parties? Do we have a ballot? 00:42:28
I do. 00:42:31
Docket FC-03-206-19. 00:42:33
Prime property development representative. Adjacent copperweight. 00:42:38
After careful review, the board finds that. 00:42:42
Number one approval of the variance will not. 00:42:45
Be adjourned to the public. Health, safety, morals. 00:42:48
In general welfare of the community because. 00:42:51
The average density of the proposed lot still fall under the required. 00:42:53
One unit per acre development standard. 00:42:57
Forward while providing a density. 00:43:00
Options to the community. 00:43:04
#2. 00:43:06
The use and value of the area adjacent to the property include included in the variance. 00:43:07
Will not. 00:43:13
Be affected in a substantial adverse manner because the property is already zoned as general commercial. 00:43:14
With a commercial subdivision already in existence to the South. 00:43:21
The comprehensive plan encourages commercial development. 00:43:25
Be directed to the areas such as this one. 00:43:28
Designated as Commercial Growth districts. 00:43:31
#3. 00:43:35
The strict application of the terms of the zoning ordinance will. 00:43:36
Result in practical difficulties in the use of the property because. 00:43:40
The commercial market demand is. 00:43:44
For a diversity of lot sizes. 00:43:46
This proposed proposal provides. 00:43:49
One larger lot of 2.305 acres in three smaller lots of less. 00:43:51
Than an acre each to meet local. 00:43:57
Commercial demands. 00:43:59
Despite being zoned general commercial. 00:44:01
This lot has. 00:44:04
Set under develop for over decades. 00:44:05
#4 This variance does not involve a structure that is near an airstrip. 00:44:09
And Reg. 00:44:14
Indiana code 82110. 00:44:15
The Board of Zoning. 00:44:20
Pill hereby grants. 00:44:22
The petitioner variance at the meeting held on the 13th day of April. 00:44:24
2026 and that completes my ballot. 00:44:28
OK, we have a ballot. Do we have a 2nd? I'll second it. 00:44:32
OK. We have a ballot and a second. Any other questions or comments from the board? 00:44:35
Seeing none, all those in favor signify by saying aye aye. Any opposed like sign. 00:44:39
OK, that one passes. Do we have a ballot for? 00:44:45
FC-03-206-20. 00:44:49
I do. 00:44:52
OK. All right. 00:44:53
This is docket FC-03-206-20. 00:44:55
Petitioner. 00:45:01
Prime Properties Development Company representative is Jason Copper White. 00:45:02
After careful review, the board finds that. 00:45:06
Approval of the variance will not. 00:45:10
Be injurious to the public health, safety, morals and general welfare of the community because. 00:45:13
These lot frontages are facing a low speed subdivision St. reducing the potential for traffic backup. 00:45:18
Due to patrons. 00:45:26
Or exiting a lot. 00:45:29
The subdivision has an intent to service. 00:45:31
Attention service letter from the Highlander Fire Protection District. 00:45:34
#2. 00:45:38
The use and value of the area adjacent to the property included in the variance will not. 00:45:40
Be affected in a substantial adverse manner because. 00:45:45
The property is already zoned as general commercial. 00:45:48
With a commercial subdivision already in existence to the South that includes several strip malls sharing. 00:45:52
Road frontage. 00:45:58
Item 3. 00:46:00
The strict application of the terms of the zoning ordinance will. 00:46:02
Result in practical difficulties. 00:46:06
In the use of the property because. 00:46:09
The commercial market demand. 00:46:11
Is for the diversity. 00:46:13
Of lot sizes. 00:46:15
The particular property is located along Hwy. 150 and providing A subdivision St. limits. 00:46:17
The accessibility space available creating thinner. 00:46:22
Item 4. 00:46:27
This variance does not involve a structure that is near an airstrip. 00:46:28
And regulated under code. 00:46:33
8-201-10. 00:46:35
The Board of Zoning Appeal appeals hereby grants. 00:46:41
The petitioner of variance at the meeting. 00:46:44
Held the 13th day of April, 2026, with the following condition. 00:46:47
That. 00:46:54
The. 00:46:55
Petitioner will work with staff. 00:46:56
And the county engineer. 00:46:59
On entrance locations. 00:47:01
For future development. 00:47:04
OK, We have a motion or a ballot. Do we have a 2nd? I'll second. 00:47:07
With the ballot and a second, any other questions or comments from the board? 00:47:10
Seeing none, all those in favor signify by saying aye. 00:47:15
Aye, any opposed like son? 00:47:18
And that motion passes. 00:47:21
Thank you very much. Thank you. 00:47:25
Folks, looking at the agenda tonight, I do not see anything else on there. Is there anything else? 00:47:28
Staff is aware to come before the board. 00:47:33
Seeing none, I would entertain a motion to adjourn. 00:47:36
No. Everybody leave until they get this sign, please. OK, we do have to sign the ballot, but we still can adjourn. 00:47:38
Motion to adjourn from. 00:47:43
We have a motion. Do we have second, second. 00:47:45
Motion and 2nd All those in favor signify by saying aye aye, and we are. 00:47:47
Adjourned. Thank you folks, for being here. 00:47:52
You really really, really really. 00:47:57