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Event transcript
Comedian Floyd County Planning Commission held on the 13th day. 00:00:00
At 7:00 PM. 00:00:03
At this time, we'd like to do the pledge allegiance or by standing on our flag. 00:00:04
I pledge allegiance to the flag of the United States of America. 00:00:09
And the jury Republic for which it stands. 00:00:14
One nation under God. 00:00:16
Individual with leveraging access for all. 00:00:18
All right. Thank you very much for that. At this time, we'd like to have roll call. 00:00:22
Here. 00:00:29
Here. 00:00:31
Here. 00:00:33
Mr. Brinkler. 00:00:36
Mr. Badshaw here. 00:00:38
Mr. Luke. 00:00:42
Here. 00:00:43
Mr. Owner here. 00:00:44
All righty, this time we'd like to have somebody. 00:00:46
Make a motion to accept the meeting. 00:00:50
10 minutes for March 9th. 00:00:52
I'll make a motion to accept the minutes for March 9th. 00:00:54
2nd We have a second. We have a second. 00:00:58
Any other discussion on favor signify by? 00:01:00
Aye. All righty. Thank you very much at this time. 00:01:03
Just like to bring to the attention everybody that we only have 6. 00:01:06
Of our 9. 00:01:11
Board members that can vote. 00:01:13
So anybody would want to table an issue tonight you're that's at your. 00:01:15
Discretion. 00:01:20
We will allow that so. 00:01:21
When your docket number, it's agenda item is. 00:01:24
Called. You have the right to do that so. 00:01:27
At this time. 00:01:29
We have no announcements. We have no old business, new business. 00:01:32
I'd like to have our. 00:01:36
Attorney just go through a little bit of our procedures and she'll she'll explain that now at this time. 00:01:38
Go ahead, Christy. 00:01:44
And we've got this up on the screen as well. Hopefully this microphone's working a little bit better than it was earlier. 00:01:45
So we'll start by the chairman. Mr. Unruh will read the docket. 00:01:50
Item and. 00:01:54
Agenda number. 00:01:57
Then the director and staff will come up, give their staff report. The applicant will then have 10 minutes to present their 00:01:58
application request to the board. 00:02:03
Everything this evening is directed towards the board, not to people in the audience. 00:02:07
Thereafter, the board members may ask the applicant questions if they have any questions for the applicant, the petitioner. 00:02:12
After that, public comments are opened, with those in favor having 10 minutes. 00:02:18
That's not 10 minutes per person, that's 10 minutes for everybody in the room that's in favor of that. 00:02:23
Application. 00:02:27
And then we shift to those that are in opposition. 00:02:28
And that again is a combined 10 minutes for everybody in the room that is in opposition of that agenda item. 00:02:32
We do state require that you come up and state your name and address for the record prior to giving your in favor opposition 00:02:39
comments. Again, those comments are directed to the board, not the applicant or eBay in the audience. After that period of time, 00:02:44
the applicant will get 5 minutes to come back up. 00:02:49
To rebut or answer questions that are brought up during the public comments and the Board may ask additional questions of the 00:02:55
applicant at that point in time. 00:02:59
After that, the board will consider a ballot. 00:03:03
And thereafter, vote on that ballot that's presented. 00:03:06
All righty. Thank you very much. At this time, Frank, if you want to come and start with agenda item 1. 00:03:10
What are we doing? 00:03:17
Your typos. 00:03:19
Thank you. 00:03:23
Agent Item 1, Docket number FC 2/26/12. 00:03:27
Petitioner TTCJ Properties, LLC. 00:03:31
With representatives Chad Ernst and Todd Lanning. 00:03:34
Location 4865 Old Vincennes Rd. Police Knobs, Indiana. 00:03:36
Request for a development plan review approval. 00:03:41
In the general commercial zoning district. 00:03:44
Applicant is proposing a development plan for a drive through. 00:03:47
Oh, sorry. 00:03:50
Also, there were a couple of items before the Board of Zoning Appeals. 00:03:51
That were already approved for variances. 00:03:55
So applicant is proposing a development plan for a drive through coffee shop located on 0.45 acres in the General Commercial 00:03:59
Zoning district along Old Bensons Rd. near the intersection with Hwy. 150. 00:04:04
And the Highlander Point Overlay District. 00:04:10
The parcel is located between two gas stations with a single family residential subdivision to its rear. 00:04:12
And a commercial center across the street. 00:04:17
A technical review committee was conducted for the development on. 00:04:20
March 19, 2026. Providing recommendations for the development to provide a write in, write out entrance and to adjust car 00:04:23
stacking. 00:04:26
Additionally, the stormwater department. 00:04:31
Director made comments about the placement for the dumpster. 00:04:34
The applicant has requested development standards variances for this application to build a primary commercial unit under the 00:04:37
minimum square footage and to. 00:04:41
And to not provide the transparency requirements for the windows and doors. 00:04:46
A conceptual site plan has or was reviewed by staff. 00:04:51
Petitioner has. 00:04:56
Not met all the development standards for the District. The petitioner has requested 3 development standards. Variances from the 00:04:59
Board of Zoning Appeals for facade building material. Less than 30% transparency for front of building. 00:05:04
Minimum size of the primary structure less than 2000 square feet. This was at 440 square feet for the proposal. 00:05:10
And a withdrawn proposal for no sidewalk along Hwy. 150. 00:05:16
A waiver of the development standards requirements is required if. 00:05:21
If required to waiver the development standards is. 00:05:28
Was granted because the waiver is consistent with the spirit and intent of the Comprehensive Plan. 00:05:31
The waiver of the transparency requirement supports the development of the commercial growth area while ensuring flexibility for 00:05:35
high quality design. 00:05:39
The waiver of the size requirement is consistent with supporting entrepreneurship as it retains the supply of small-scale 00:05:42
commercial buildings. 00:05:46
Uh. 00:05:50
And a waiver is consistent with the intent of the district because the variances are modifying the design elements to fit the 00:05:55
unique circumstances of the properties close proximity to a major intersection and a small size lot. 00:06:00
The proposed development plan is consistent with the comprehensive plan because the site is located within the Highlander Point. 00:06:06
Commercial corridor. 00:06:11
And the theme Places to Work. 00:06:13
Both economic gardening and fostering and facilitating entrepreneurship are listed as objectives and policies. Small commercial 00:06:14
buildings cater. 00:06:18
To smaller entrepreneurial efforts and increase the limited stock of small spaces available to the community. 00:06:22
The proposed development plan is consistent with the intent of the district as set forth in the Floyd County Zoning Ordinance 00:06:28
because as part of the Highlander Point Overlay District. 00:06:32
The site sits in an intended premier commercial and office location. 00:06:35
The proposed development plan does satisfy the following. 00:06:40
Development plan requirements. 00:06:43
Signage is designed to create a unified and consistent sign package. Design and location of St. access points minimize congestion. 00:06:45
And a development or and the development was updated to include a write in write out only access to open sense. 00:06:54
Entrances, streets and internal traffic facilities are compatible with existing and planned streets and adjacent developments. 00:07:01
Design and layout of the development has a clear circulation pattern that is sensitive to topography and other natural features. 00:07:06
Lighting is designed to create a unified and consistent lighting package for the development. Lighting and parking areas do not 00:07:11
exceed 20 feet in height. 00:07:14
The proposed development is not in a residential urban zoning district. 00:07:18
The proposal is not in a multifamily development. 00:07:21
The proposed development is located in the Highlander Point District or the Edwards Hill Gateway District. 00:07:24
If the proposed development is located in the. 00:07:31
Highlands Point Gateway District or the Edwardsville Gateway District. The following requirements have been met. 00:07:33
Building facades that face any. 00:07:38
Adjacent St. have a finished facade. 00:07:40
Trash collection bins are not placed on or along the facades that face any adjacent St. 00:07:42
A technical review committee was hosted on February 19th where concerns were raised over car stacking for the drive through and 00:07:48
people turning left into. 00:07:53
The site from Old Vinson's Road. 00:07:57
The county engineer recommended it write in write out access to Old Vinson's Road and signage stating do not block intersection. 00:07:59
Applicant has submitted an updated development plan showing the write in write out access. 00:08:04
The stormwater director also requested that the parking and dumpster at the rear of the site be flipped so that the dumpster was. 00:08:09
Further from the stormwater channel in the West and the detention basin for the Highlands. 00:08:14
This has also been met with the updated. 00:08:18
The drainage from the JC gas station to the West funnels through the channels near the dumpster. 00:08:22
Actually, that has been changed in just a moment. 00:08:27
OK, where the current placement? 00:08:34
So one of these is. 00:08:39
Recommendations has been met, but where the current placement of the dumpster presents high likelihood of waste and litter 00:08:40
entering the stormwater system and either polluting. 00:08:44
The ecosystem are blocking the drainage flow where variances were heard by the Board of Zoning Appeals. Staff recommends the 00:08:48
following conditions. 00:08:51
Provide an updated development plan with placement of the dumpster. 00:08:54
On the eastern side of the lot, parking may be placed at an angle according to Section 520, Item E that that part has been 00:08:57
submitted. 00:09:00
Earlier today. 00:09:04
Approval of the variance from the minimum size under. 00:09:05
FC 03/26/13 and approval of the. 00:09:09
For the building facade under FC 03/26/15. 00:09:12
And then provide an updated development plan meeting the standards of section. 00:09:16
That has also been met for the sidewalks. 00:09:21
That's it for now. 00:09:25
All righty. Anybody have any questions for Frank at this time? 00:09:26
I do not. No. None. OK. Thank you, Frank. 00:09:30
At this time would would the applicant like to come forward? 00:09:35
And just for the record, this is agenda item. 00:09:43
Docket FC-02-206-12. 00:09:46
State your name and address for the rest. Thank you, commissioners. 00:09:50
My name is Todd Lanning. 00:09:53
I'm with a milestone design group. 00:09:55
108 Damentry Lane. 00:09:58
Louisville. 00:10:01
40223. 00:10:02
And I represent Bigby Coffee. 00:10:04
As well as Chat Ernst, who's with Bigby Coffee as well. 00:10:07
I don't have much to add to what Franklin's actually. 00:10:12
Mentioned about the project like you incorporate everything that needs to be said. 00:10:16
But if you have any questions. 00:10:20
For us, we could. 00:10:23
Answer those. 00:10:24
Any questions? How many square feet is your building? 00:10:25
I believe it is 440. 00:10:29
Something is it 440 OK. 00:10:33
OK. And. 00:10:36
Go ahead. 00:10:39
Question. How many square feet? 00:10:39
And the. 00:10:43
Well, that building come in. 00:10:44
Prefabricator we it will be becoming prefabricated. 00:10:47
OK, OK. All right. 00:10:51
I think we need to address the landscape plan. I was doing some math and stuff and the. 00:10:54
Trees are too large for the area. 00:10:58
OK. 00:11:00
Already you have a recommendation for that? No, at some point we just need to talk about it because these are Elm trees are 00:11:01
getting 70 feet wide. We're putting them close to the road. 00:11:05
There, there's a lot of. 00:11:09
Probably better options out there that aren't going to cause as much damage. 00:11:11
Condition, that's what yes, I was gonna say we'll just put we'll. 00:11:16
Again, I just, I'm doing some quick math today and I think there are some better options that we can probably look at. We'll just. 00:11:19
We'll just probably make that to be staff approval. 00:11:25
Probably make sense there. 00:11:28
Yeah. 00:11:30
Yeah, that's usually pretty painless. OK. OK, so I guess maybe I can get in contact with you and, you know, yeah, we can chat. OK. 00:11:31
Sounds good. Yeah, so and I have looked at the plan and kind of I think I had too many trees in the back. 00:11:38
Maybe one too many and I could probably. 00:11:43
Make them smaller. Make smaller trees and. 00:11:45
We can get that. 00:11:48
Better, yeah. 00:11:49
OK. Any other questions? 00:11:49
Alright, thanks guys. We'll let you come back up after any comments. Alright, thank you. 00:11:52
At this time. 00:11:57
We like to open up for anybody like to speak in favor of this. 00:11:59
Project. 00:12:03
Come forward, please state your name. 00:12:03
Address for the record. 00:12:06
Looks like nobody's coming forward at this time. Anybody by in opposition? 00:12:10
Please come forward. 00:12:14
10 minutes. 00:12:15
Alrighty, that closes both of those, obviously. 00:12:17
There's no comments. You still have the right to come back up the. 00:12:21
Waive that right to come back up. 00:12:25
No comments. 00:12:27
Let it be known they wave that. 00:12:28
That portion of the of the meeting. 00:12:29
At this time I'm looking for a ballot. 00:12:32
I have a ballot. 00:12:35
The name of the development is Bigby Coffee Dockets. 00:12:41
FC 02/26/12. 00:12:46
The owner is TTC. 00:12:50
J Properties. 00:12:53
LLC. 00:12:55
We reviewed that. 00:12:58
On 3/19/26. 00:13:00
The findings are that. 00:13:02
Petitioner has not met all the developmental standards for the district. 00:13:04
A waiver of the development standard is required. 00:13:09
If required, a waiver of the development standard is granted because a waiver is consistent with the spirit and the intent of the 00:13:13
Comprehensive Plan. 00:13:17
The waiver of the transparency requirements supports the development of the commercial growth area while ensuring the flexibility 00:13:23
for high quality design. 00:13:27
The waiver of the size of the requirement is consistent with supporting the entrepreneurship. 00:13:32
As it retains its supply of small-scale commercial buildings. 00:13:37
The comprehensive plan encourages working with other infrastructure providers. 00:13:41
Such as in dot and Floyd County to provide safe pedestrian crossing. 00:13:46
Which would be necessary for that location. 00:13:50
A waiver is consistent with the intent of the district because the variances are modifying the Dist. 00:13:53
The design elements to fit the unique circumstances of the pro. 00:13:59
Properties close proximity to the intersection. 00:14:04
Old Vincennes Rd. 00:14:07
Delphi Rd. Highlander Point Drive and US150. 00:14:09
The proposed development. 00:14:13
Is consistent with the comprehensive plan because the site is located within the Highlander Point commercial corridor. 00:14:15
IE at places. 00:14:23
It places to Foster and facilitate. 00:14:24
Entrepreneurial opportunities in the objectives and policies. 00:14:27
Small commercial buildings cater to small entrepreneurial efforts. 00:14:31
And increases the limited stock of small space available in the community. 00:14:36
#4. 00:14:41
The proposed development plan is consistent with the intent of the district. 00:14:42
Is set forth in the Floyd County zoning ordinance because as a part of the Highlander point. 00:14:47
Overlay district the site. 00:14:53
Sits in an intended premier commercial and office location. 00:14:55
#5 The proposed development plan does satisfy. 00:15:00
The following development requirements. 00:15:05
It does satisfy the signage designed to create unified consistent sign package. 00:15:09
It does. 00:15:15
Does approve the design and location of the street access points to minimize congestion? 00:15:17
The entrances, streets and internal traffic facilities are compatible with existing planned streets and adjacent developments. 00:15:25
And the design and layout of the development has a clear circulation pattern. 00:15:32
That is sensitive to the topography and other natural features. 00:15:37
Skipping down. 00:15:43
Did not apply to E but F. 00:15:45
The lighting is designed to create unified and consistent lighting package for the development. 00:15:48
Ng lighting in parking areas does not exceed 20. 00:15:53
Feet in height. 00:15:57
6 The proposed development is not in a residential urban. 00:15:59
The proposed development is not multi family development. 00:16:03
And if the proposed development is located in a residential urban. 00:16:07
District of a multi family development is proposed. A development plan does satisfy the requirements for recreational space and 00:16:11
open space. 00:16:15
The proposed development is located in Highlander Point District. 00:16:21
Or the Edwardsville Gateway District. 00:16:25
And if the proposed development is located in the Highlander Point Gateway District or the Edwardsville? 00:16:28
District. The following requirements have been met. 00:16:34
The building. 00:16:37
That face any adjustments? 00:16:40
The adjacent St. have. 00:16:42
The finished. 00:16:45
Facade. 00:16:47
And. 00:16:48
B&C don't apply. 00:16:51
D Open space requirements of section 94. 00:16:53
We've had some late. 00:16:59
Yes, I'm B. 00:17:00
We had some late changes on trash collection bins. 00:17:02
So make sure they're not placed on or along the. 00:17:06
Facade The face is any adjacent St. 00:17:09
Thank you. 00:17:13
So if I'm careful, review Floyd County Commission hereby approves. 00:17:15
Petitioners development plan. 00:17:19
Review application at the meeting held on 13th day of April. 00:17:21
2026 need to add that condition. 00:17:25
What about trees? 00:17:29
Alright, we we, we have. 00:17:33
A ballot. 00:17:35
Looking for a second. 00:17:36
I will second it. 00:17:38
All right. Any discussion? 00:17:39
The condition of the plants is where this needs to go in at. 00:17:42
So that they just talk to me and I'm happy to work with them on a. 00:17:45
More efficient landscape plan, OK. 00:17:48
Tell us how you need that written up, please. How you doing? Landscaping as approved by staff. That's what I Yeah. And the staff 00:17:52
landscaping thing was approved by staff. 00:17:56
Yeah, yeah, Yeah. You guys are working. Yeah, well. 00:17:59
We're gonna give him time to add that to the ballot. 00:18:04
We'll read the condition and then. 00:18:07
I'll need a second on the condition. 00:18:11
Azeroth. 00:18:14
OK, I added on. 00:18:22
7. 00:18:27
E Landscaping as approved by staff. 00:18:28
That's my ballot. 00:18:32
All right, so we got ballot visit. We need a second as amended. 00:18:34
Any other discussion? 00:18:38
All in favor. OK, OK. 00:18:40
The staff had three recommendations. 00:18:43
The last one talked about sections 5.5155. 00:18:46
.52 Have all those been met? 00:18:50
With the plans that we have, or does that need to be a? 00:18:53
I apologize because I didn't add clarifying language in that that those are the sidewalk recommendations for the sections that. 00:18:59
Require sidewalks that has been met. 00:19:04
OK, it's OK. 00:19:08
All right, so we're good with as read. 00:19:09
And second it as read. 00:19:12
All in favor signify by. 00:19:15
Aye, those opposed likewise. 00:19:18
All right. Thank you very much. 00:19:20
All righty. 00:19:22
Next is and ask the applicant. 00:19:24
Yes, it's OK to put. 00:19:27
Agenda item two and three together if you come forward and. 00:19:30
State your name. 00:19:33
And your address and tell us if you're OK. 00:19:35
Sir Brad Benson, attorney on behalf of Spring Hill Holdings, located at 720 Rolling Creek Dr. Ste. 106 in Walton, IN. 00:19:37
And yes, we have no objection to reading them both together. OK, thank you very much. 00:19:45
All righty, at this time we're going to. 00:19:49
And Frank, I want to make sure that. 00:19:54
The. 00:19:56
FC-03-26 this says 15. That's supposed to be 16. Is that correct? 00:19:57
That's correct. 00:20:03
OK. All right. So agenda item number 2 is Docket FC-03-206-16. 00:20:05
Modification. Modification of subdivision standards. 00:20:15
Applicant is requesting A modification for the Subdivision Control Ordinance requirement for a maximum 10% grade for public 00:20:18
roadways. 00:20:21
Previous approval. 00:20:25
From 2021 has expired. The full subdivision proposal is covered. 00:20:26
Under agenda Agenda item. 00:20:31
#3. 00:20:33
Applicant Spring Hill Holding, LLC. 00:20:34
Site 78. 00:20:37
12 Excuse Me 2778 W Luther Rd. Floyd Knobs. 00:20:39
Indiana 47119. 00:20:44
It's yours. 00:20:47
Let me read 3 OK? 00:20:49
I'll go ahead and read agenda item number 3. 00:20:51
Docket FC-03 Dash. 00:20:54
26-17. 00:20:57
Primary approval for a major subdivision. 00:20:59
Applicant is seeking. 00:21:02
Primary approval for a subdivision to be known as Spring Hill. 00:21:03
The proposal. 00:21:06
Preliminary, not primary. Oh, I'm sorry. 00:21:08
Let me applicant is seeking. 00:21:11
Primary. 00:21:14
Primary approval for a subdivision to be known as Spring Hill. 00:21:16
The the proposal will. 00:21:19
Consolidate 2 parcels totaling. 00:21:20
46 point. 00:21:23
317 acres into 72 lots. 00:21:25
With three commonaries and a gross density of 1.64. 00:21:28
Previous approval from 2021 has expired. 00:21:32
Applicants Spring Hill Holdings LLC Site. 00:21:35
2778 W Luther Rd. Floyd Knobs. 00:21:39
47119. 00:21:43
Now take it, Frank. 00:21:45
Alright. 00:21:48
Docket number FC 3/26/16. 00:21:50
Petitioners Spring Hill Holdings, LLC, represented by Jason Copperway. 00:21:53
President location, 2777 N Luther Rd. Floyds and Hobbs, consisting of two different parcels. 00:21:57
Requests for a modification of subdivision control ordinance requirements for major subdivision for Spring Hill. 00:22:05
Zoning district is residential suburban. 00:22:11
Article 4, Section 3. Item R requires a maximum grade of 10%. 00:22:14
For subdivision streets. 00:22:19
Applicant is requesting a modification of the subdivision control ordinances to allow an excess of the 10% grade requirement. 00:22:20
For subdivision streets and is proposing a 14% grade for one St. of the Spring Hill development being heard next. 00:22:26
The modification was previously approved in 2021, allowing a 14% grade, but that approval has since expired. 00:22:33
A hill sits on the northern portion of the property and we would need to be heavily graded to meet the 10% slope requirement. 00:22:40
Thelma Way is proposed along this hill and would connect to seven lots #26 through 32. 00:22:47
Sitting on that hill. 00:22:53
The proposal has obtained the necessary willingness to serve letters from the local public services and has received a letter of 00:22:54
intent from the Floyd County Fire Territory. 00:22:58
For the staff review. 00:23:03
The modification will not be detrimental to the public's health, safety or general welfare. 00:23:04
The modification will not have a significant impact to the health, safety or general welfare of the public. The Fire Territory has 00:23:08
expressed an intent to serve. 00:23:11
The modification will not adversely affect adjacent property. 00:23:15
The grade of this roadway is used solely for access to these settlements. 00:23:19
The modification is justified because of exceptional topography or other physical conditions unique to the property involved and 00:23:22
is not to correct. 00:23:26
Mere inconvenience or financial disadvantage? 00:23:29
The modification is justified by the unique conditions of a large hill present on the site. 00:23:32
And to otherwise develop this location would drastically change the shape of the terrain. 00:23:36
For, the conditions upon which the modification request is based are unique to the property. 00:23:41
For which the relief is sought and not applicable generally to other property. 00:23:46
This property has a large hill present that adds to the scenery of the site. 00:23:50
#5 The modification is consistent with the intent and purpose of this ordinance and the Comprehensive plan. 00:23:53
The comprehensive plan encourages preserving natural and rural characteristics in the community. 00:23:59
This modification allows the subdivision to retain a unique feature that would otherwise have to be removed for development to 00:24:04
occur. 00:24:07
Number six. 00:24:11
The condition necessary. 00:24:12
Necessitating the modification was not created by the owner or the applicant. 00:24:13
This hills re existing. 00:24:17
#7 The relief sought will not in any way vary the provisions of the zoning ordinance. 00:24:19
The approval is consistent with the provisions and the zoning. 00:24:23
For staff recommendations. 00:24:26
Whereas the fire department has submitted an intent to serve letter, the street is to connect to seven locks rather than be used 00:24:27
as a throughway. 00:24:30
And this will not negatively impact the surrounding properties staff has no. 00:24:34
Recommended conditions for approval of this. 00:24:37
Modification. 00:24:39
Docket FC 3/26/17. 00:24:45
Petitioner Spring Hill Holdings, LLC, represented by Jason Copper Weight and Brad Benson. 00:24:48
Location, 2777 N Luther Rd. Floyd's Knobs along two different parcels. 00:24:52
Request for a major subdivision. 00:24:58
Primary approval for a major subdivision on Spring Hill. 00:25:00
Zoning district is residential suburban. 00:25:04
The petitioner is seeking preliminary approval. 00:25:09
Of a subdivision to be known as Spring Hill. 00:25:11
The proposal will consolidate 2 parcels totaling 46.317 acres and is 71 lots with three common areas and a gross density of 1.64. 00:25:13
Internal roadway acreage not excluded. 00:25:22
The common areas contain a total of 3.469 acres and are primarily located near the entrance and in the back of the property over a 00:25:25
Creek. 00:25:28
The property is located within the northeastern portion of the residential growth area of the Georgetown Township and falling 00:25:33
partially within the Highlander Point Overlay District. 00:25:37
To the east, within the Lafayette Township, the land is designated as a residential and commercial growth area. 00:25:42
This land is designated as growth areas due to their proximity to utilities, Hwy. 64 and existing amenities. 00:25:47
Since shops, schools and other institutions. 00:25:53
With an intent to focus development here rather than areas that the plant has designated as transitional or agricultural areas. 00:25:56
This site is accessed through. 00:26:03
Sorry is accessed through a connection to North Luther Road to the West and a connection to the platted subdivisions of the 00:26:05
Highlands and villas of Floyd's Knobs. 00:26:09
Both of which connect to Ulvenson's road. 00:26:13
Where the Highlands has a fully signalized intersection. 00:26:15
All Vincents connects to Hwy. 150 roughly 1000 feet from this intersection and is then a short distance from Hwy. 164. 00:26:19
The proposal has obtained the necessary willingness to serve letters from the local public services and was included with the 00:26:27
regional traffic study that the county did. 00:26:30
Adjoining properties to the northwest, W South and southeast are the Prifoguel, Loftus, and Fincher's Farms, all zoned residential 00:26:35
suburban. 00:26:38
To the east are two platted subdivisions, zoned urban residential. 00:26:43
The Highlands and the villas of Floyd's Knobs. 00:26:47
To the north is wooded land, zoned residential suburban. 00:26:49
A plat review was held on April 1st and while not required, a neighborhood meeting with staff. 00:26:52
And the applicant present occurred March 26. 00:26:57
For staff review, the petitioner has provided a. 00:27:03
Sorry, the petitioner has. 00:27:07
Provided A compliant preliminary plan for the project, including a preliminary plat. 00:27:09
The petitioner has provided certification that all drainage and environmental requirements will be complied with and that there 00:27:14
are no known outstanding issues concerning item. 00:27:18
This is page 15 of the application that was submitted. 00:27:22
Minor areas of the property exceed a 20% ground slope, are located within a floodplain, or are designated as wetlands. 00:27:25
However, given that no homes will be built in these areas. 00:27:31
The site will be serviced by sewers and no ground disturbing activities will occur in those areas. 00:27:34
A geotechnical report would not be required. 00:27:39
A letter from IDEM indicating that no permit was required from IDEM for the wetlands present. 00:27:41
A phase one environmental study is not required. 00:27:47
A regional traffic study was completed by the county and the traffic light installation along Old Vincennes has been installed at 00:27:49
this time. 00:27:52
Accepting cul-de-sac lots. 00:27:56
Locksmith the size and frontage standards of the Floyd County zoning ordinance for the residential suburban. 00:27:58
District and are laid out along subdivision streets compliant with. 00:28:02
Subdivision control standards. 00:28:06
Springhill Drive, Merrill Drive, Guy Drive and Thumbnaway are provided as subdivision streets, which connect to North Luther Road 00:28:09
to the West and Old Benson Rd. via the Highlands Plighted Subdivision to the east. 00:28:14
Sidewalks are provided. 00:28:19
Drainage plans were approved in 2023 with Floyd Sorry with FC2308148 by the Stormwater director. 00:28:21
The petitioner has provided willingness to serve letters from AT&T, Spectrum, Edwardsville Water Authority, Harrison RMC and Floyd 00:28:28
County Fire Authority. 00:28:32
Wastewater will be provided by New Albany Wastewater. 00:28:36
This subdivision received primary approval in 2021. 00:28:41
And has been altered for this submission. 00:28:44
Lots around Common Area B have been shortened to dedicate more room for the pond. 00:28:46
That will also serve as a detention basin. 00:28:51
Additionally, there's a reduction from 76 single family lots to 71 single family. 00:28:53
Lots the conditions from that original approval. 00:28:57
Conditions for the initial submittal of the primary application. 00:29:02
One, a maximum grade of 14% is approved for the street leading to lots 2733, approximately 400 feet, known as Thelma Lane, per FC 00:29:06
6/21/16. 00:29:10
This was met with the current proposal. 00:29:15
Item 2. 00:29:18
Applicant to provide required agricultural buffer per subdivision control ordinance for Fintris, Pifoglo, and Church properties. 00:29:19
A 20 foot ag buffer is being provided along these properties and was shown in the plan. 00:29:25
Item 3 or condition 3. 00:29:30
Applicant to present drainage plan to Floyd County Stormwater Board for review and approval prior to secondary approval. Staff 00:29:32
recommends to. 00:29:36
The Floyd County Stormwater Board at least a minimum 10% increase in stormwater detention from ordinance standards and would 00:29:40
request considerations of 25% increase in detention. 00:29:44
Also request coordination with the Highlands on detention in South corner of the development. 00:29:48
Letter to be obtained from the Floyd County Stormwater Board regarding their actions on recommendations prior to secondary 00:29:53
approval. 00:29:56
The stormwater plan has already received. 00:29:59
Approval from the stormwater director. 00:30:01
Condition 4 applicants to meet with the County Engineer for recommendation. 00:30:04
Regarding sizing of culvert on Fincher's access ease easement. 00:30:07
Engineer to determine if an increase in size is required as part of overall drainage plan presented by developer. 00:30:10
If determination is made for increase in size, applicants pay for installation of the culvert for county engineers recommendations 00:30:17
prior to secondary approval. 00:30:20
The applicant reports that drainage calculations so the existing culvert as adequate. 00:30:24
Item 5. Applicant to meet with County Engineer regarding entrance location. Engineer to provide letter upon location 00:30:30
recommendation and site improvement prior to secondary approval. 00:30:34
This has been met and there's a letter in the docket. 00:30:39
Item or condition 6. 00:30:41
Applicant to identify access easement with Pinterest property and restrictions and provide language stating that. 00:30:42
Access amusement is for Fentress property, ingress and egress, HOA and utility access. 00:30:47
And that the access easement shall be a common area. 00:30:52
This is not been met. The easement is not shown as an access easement. 00:30:54
And I don't believe language is currently in the HOA covenants. 00:30:58
Applicant to meet with the County Extension agent on allowable types of trees for installation. 00:31:03
We have something where the applicant did meet with the county extension agent. 00:31:09
For staff recommendations where residents should be aware of the location of the venturous access easement where modification is 00:31:13
needed for the road grade on proposed Delmar Lane. 00:31:17
Where alterations have been made to the plan since the stormwater approval was given. 00:31:21
And where the comprehensive Plan encourages protecting the rural character of the community and where prior conditions are found 00:31:24
to be satisfied or not applicable. 00:31:28
Staff recommends the following conditions. 00:31:31
Show location of the Fentress easement on plat before final plat approval. 00:31:34
A maximum grade of 14% is approved for the street leading to lots 27 to 33, approximately 400 feet, known as Selma Lane, per FC 00:31:39
3/26/16. 00:31:43
Drainage, stormwater and erosion control plans must be updated and submitted to the Stormwater Department for review and approval 00:31:48
given by the. 00:31:51
Department prior to final. 00:31:54
By that department prior to final. 00:31:56
Plat approval. 00:31:57
And add to HOA covenants either a recommendation or requirement to utilize the most up-to-date. 00:31:59
Indiana Department of Natural Resources tree species list for any tree plantings. 00:32:03
That's all I have. 00:32:10
All right. Excuse me. 00:32:14
Any questions for? 00:32:16
Frank from the board. 00:32:17
Go ahead. I want to just clarify. 00:32:20
The. 00:32:24
Previous staff recommendations that you read. 00:32:26
Correct. 00:32:29
They most of these have already been met other than the ones. 00:32:31
You have now recommended. Is that correct? 00:32:35
Correct. OK. All right. 00:32:37
Thank you. 00:32:39
Yeah, I'm talking about what what I'm saying is, is. 00:32:43
The ones he just read from the previous. 00:32:45
Those have all been met. If they're not. 00:32:48
On his. 00:32:51
Recommendation now. 00:32:51
Yeah. 00:32:52
Or I did not find that they needed to be added. 00:32:53
Right, right. 00:32:55
Applicable. Any other questions for Frank anybody? 00:32:57
Alright, thanks for all right, the applicant can can now. 00:33:01
Come forward, please. 00:33:05
And once again, state your name and address for the record for us. 00:33:06
Thank you. 00:33:09
Excuse me, Brad Benson, Spring Hole, Spring Hill Holdings, 720 Rolling Creek Dr. Ste. 106, Norman, IN. 00:33:12
Stats does a great job going through everything. A couple things want to address really. 00:33:19
Very quickly it is 71 lots. 00:33:23
Those range from here under .3 acres all the way up to. 00:33:25
Roughly 2.8 acres, so we've got a wide variety of lots here. 00:33:29
The drainage and the change that we made on the pond was because when we got through it, we started looking at it and. 00:33:34
The ponds a beautiful feature that we wanted to keep. 00:33:39
So that's the change there that it. 00:33:42
Is honestly, it's going to hurt. 00:33:44
The development side as far as financial associate has nothing to do with money. It's solely for aesthetics. 00:33:45
And it'll capture more on the stormwater side, too. 00:33:50
So it's a, it's a double, double edged sword there for us. 00:33:53
The staff recommendations that they discussed we've got no problems with at all. 00:33:57
There was a number of things. 00:34:03
Well, I guess I should back up the staff recommendations for the. 00:34:04
Plat approval. 00:34:07
Which reference the access easement. 00:34:09
Agreed completely that excess season should have been included. 00:34:11
Jason added that. 00:34:14
To the plat and sent that to staff on Friday. I don't know if that made it to your own packet or not, but it has already been 00:34:16
added. 00:34:19
So we've got no condition to or no problem with that, keeping that as a condition. 00:34:22
As far as? 00:34:26
What was previously approved? 00:34:27
One of the conditions was that the access easement. 00:34:29
Be part of common area. 00:34:32
When we met with the neighbor in Mr. Fentress, I do not believe that that should be common area solely because his worry, one of 00:34:34
his worries is that. 00:34:38
People will access it and be I have. 00:34:42
Be able to get to that. 00:34:44
That part. 00:34:45
If it is common area. 00:34:46
By law, it'll be owned by the HOA and then every single member in that development. 00:34:48
Will have a right to. 00:34:52
Get on that property. We don't want that. 00:34:53
I agree with the condition and. 00:34:56
It's all staff we have no problem with including in our restrictions. 00:34:58
That the there is an access easement identifying. 00:35:01
That they cannot hinder or limit his use of it, as explained that Mister Fincher as well. 00:35:05
And then that one of his concerns was that there was vehicles. 00:35:11
Trucks, semis, I think Duke vehicles would come access that to get to their electric there. 00:35:15
So we have no problem with including that and our restrictions as well, just as a FYI to homeowners, right? 00:35:20
So that's the the couple things and the conditions. I just want to clarify that that. 00:35:26
We do not believe and it should not be a common area. 00:35:30
Because of those those justifications, those reasons why so? 00:35:33
All right. Any, any questions for Brad? 00:35:37
Umm, no I do not. 00:35:42
Jason, you gonna speak? 00:35:45
Obviously, you have answered questions, OK. 00:35:46
But I just want to be sure Frank, what he just. 00:35:48
Mentioned. 00:35:50
As far as even have a problem with it. 00:35:51
Is it? 00:35:53
On your recommendations, what he just. 00:35:54
It is it per what he just said. 00:35:56
I just want to make sure we've captured. 00:35:59
That's correct. I did not include a recommendation for this to be as a common area for. 00:36:01
Pretty much the reason he gave. 00:36:06
OK, but you're agreeing what he said and it matches your recommendation? 00:36:08
Yes, OK. 00:36:11
Alright, thank you. 00:36:12
Have a question? All right, Frank's got a question. 00:36:14
Umm, high view circle? 00:36:18
Is that going into another subdivision on the other side? 00:36:21
Next into the Highlands. 00:36:25
OK. 00:36:26
OK, All right. I think that. 00:36:32
I think we're OK. Listen, any other questions? 00:36:34
I think we're under 10 minutes, right or whatever here. 00:36:37
Yeah, I'm just curious what, what are the home prices when you start? 00:36:40
I'm just curious. 00:36:44
What are the home prices? 00:36:46
I'd be lying if I gave you a number. 00:36:48
But it's relatively speculative, but I mean, we, we anticipate this development being one of the nicer ones in the area we've 00:36:50
given the location. 00:36:54
The layout, the size of the lots. 00:36:59
If I had to throw a number at it a year north of 400. 00:37:02
I don't see it. I don't I highly, highly doubt it be underneath that and it's probably higher above that. So. 00:37:06
ASBS to be the building. 00:37:13
ASB and Shuler homes at this time I don't want to include that directly. Never know what happened though. Yes Sir. 00:37:15
It sounds like a political answer. 00:37:20
Channel 4, all right. 00:37:25
No other questions. 00:37:28
Alright, thanks guys. We'll give you time to come back up if anything, they said. 00:37:29
OK. At this time, we'll open up the portion. 00:37:33
Anybody wants to speak in favor of this project? 00:37:35
You have 10 minutes. Please come forward. 00:37:38
And this is in favor only please. 00:37:43
State your name and address for the record, Sir. 00:37:47
My name is Bill Amerson. 00:37:50
339 Tuscany Dr. Floyds Knobs IN 47119. 00:37:52
I probably have more questions that I have. 00:38:01
Positive comments. 00:38:03
But I'm speaking for it I. 00:38:05
What I know about ASB and Schuler they. 00:38:08
Build quality homes. 00:38:11
And. 00:38:12
That's what we're looking, that's what I'm looking for. That's. 00:38:14
Adjacent to the villas of Floyd's Knobs. 00:38:18
Don't know all that, I'll talk to him later, get some more answers. 00:38:23
But. 00:38:27
Pleased with the estimated price of the homes. 00:38:29
I figured they would be north of 400 because some of the lots are pretty large and. 00:38:32
Figure you're not gonna. 00:38:37
But an inexplicit house on. 00:38:38
On a large lot. 00:38:43
So. 00:38:44
Trees. I've got a question about the trees. I hope that. 00:38:47
Whatever trees are planted wouldn't be any of the Bradford pear, Calgary pear. 00:38:51
I would hope the county has not taken any action on that or not, but we need to take action on that if. 00:38:56
There's not. 00:39:01
So anyway. 00:39:02
But I support the project. 00:39:05
Thanks, Bill. 00:39:07
All right. 00:39:08
Thank you, Bill. 00:39:11
Anybody else in favor Prince? 00:39:13
All right, at this time we'll close that portion and we'll open up anybody who wants to speak in opposition. 00:39:17
And once again, total time would be 10 minutes. Thank you. 00:39:22
Tim Fentress. 00:39:30
Property owner, 2740 N Luther Rd. 00:39:31
I am asking the board if I could have a few extra minutes. 00:39:36
Sometimes I get slow in my talk. I get tongue tied. 00:39:40
I'm sorry for that, but. 00:39:44
I have some important things here that I need to cover. 00:39:46
I'll try to be as brief as possible. Could I have a few extra minutes? 00:39:48
Go ahead, We'll see what happens. I appreciate it so much. Thank you so much. 00:39:52
I have spent more time on this. 00:39:56
Property in this farm that anybody on this planet. 00:39:58
Worked hard on it all my life. 00:40:02
I'm wondering about the hill in the grade. I hadn't been thinking about that lately. 00:40:04
But. 00:40:08
We like them. Paris is out on that hill. 00:40:10
60 years ago. 00:40:13
And they work. 00:40:15
The grade of that hill I'm concerned about. I don't know how much you're going to cut it down. 00:40:17
To get up there but. 00:40:21
There is something that nearly needs to be looked at. 00:40:22
Now 3 years ago we was here. 00:40:26
County Engineer. 00:40:29
You said that. 00:40:31
The. 00:40:33
That my son's on the driveway. 00:40:35
That call has been. 00:40:39
Ever since we put it there, it was supposed to be an upgraded for years. 00:40:42
And it was not. 00:40:46
And since. 00:40:47
Last three years. 00:40:48
How many developments have been approved? 00:40:49
In the Hollander Point. 00:40:52
Down through the Highlands. I will say this, you stood on top of the Highlands and put good. 00:40:54
Controller. 00:40:59
On that. 00:41:00
But we're sitting here, wait, holding our breath, The only persons. 00:41:02
Then it affects if my son. 00:41:06
And I'm speaking for my son. 00:41:08
My granddaughter who lives back there, they're the only ones living on the whole farm right now. 00:41:11
We lost that driveway three times in the 80s and 90s. 00:41:15
I called years ago. 00:41:19
For a precast. 00:41:22
Bridge there. 00:41:23
To take care of the problem. 00:41:25
With all the increase in flow. 00:41:27
All the drainage plants from up. 00:41:29
It's a Honda Point. 00:41:31
Point. 00:41:33
And empty into that spot right there through our 4 foot tile under that driveway. 00:41:34
Now I realize the driveway belongs to the developer. 00:41:39
But I want some guarantees there. 00:41:43
That. 00:41:46
This the county engineer, he's going to fill a report, right? 00:41:47
He hasn't done it. I spoke to him Thursday. 00:41:51
After three years, I don't know why it hasn't been done. 00:41:54
But. 00:41:57
My sons, both my sons own the property in the back we want to see. 00:41:58
A bigger right there, uh, tile. 00:42:04
Pre cash bridge would be perfect. 00:42:06
Uh, you got them all over the county, the one. 00:42:09
It's got my attention is that. 00:42:11
Right there on 150 at Buck Creek Rd. 00:42:14
I've measured it. 00:42:16
It looks. 00:42:18
Like it should be the right one there. 00:42:19
Now. 00:42:22
The driveway. 00:42:23
I built that driveway. I paid for it. 00:42:24
I spent a lot of money on that driveway through the years. The lower end of it there at Luther Rd. you see, is in the floods 00:42:28
wrench. 00:42:31
And it will get underwater in A5. 00:42:35
And. 00:42:39
I have a real problem also with that turning lane. 00:42:41
That turning lane should have been taken care of years ago. It was originally set up. 00:42:44
With a 30 foot driveway. 00:42:48
To be an entrance. 00:42:49
Into the development my dad did that and when he did it he also put the property line on the South side of the driveway, which has 00:42:51
caused trouble. 00:42:56
You just don't do things like that. 00:43:02
Now I need to ask. 00:43:04
About the This will be a homeowners. 00:43:06
Association in this development, correct? 00:43:10
I mean that it. 00:43:13
The question is. 00:43:15
A homeowners association will control. 00:43:16
That now being as the property lines go across the driveway. 00:43:20
Will that driveway itself become? 00:43:25
Part of. 00:43:28
The homeowners association. 00:43:29
And will they have a say? 00:43:31
But I think. 00:43:33
He just answered that. 00:43:35
That. 00:43:36
They. 00:43:39
Will not. 00:43:40
The can impede what we use that driveway for. 00:43:41
Me, my sons. 00:43:45
The agricultural we use. 00:43:46
All the big trucks. I have a Duke Energy. 00:43:48
Agreement there for them to get their trucks in down on the Little Indian Creek. 00:43:51
Big equipment. 00:43:55
Everything else. 00:43:56
There's that's one of my concerns right there. 00:43:58
Now. 00:44:00
In the first. 00:44:01
Three years ago. 00:44:02
Under the. 00:44:04
It was listed as farming. 00:44:07
Activities. 00:44:09
My acceptance of a deed. Another transfer instrument each each lot owner. 00:44:12
In there is advised that this development is in an agricultural residential zone. 00:44:17
Which permits certain agricultural uses. 00:44:22
Each lot owner by acceptance of a deed. 00:44:24
Our other transfer instrument. 00:44:27
Waves his or her right. 00:44:29
To cause any problem. 00:44:31
To me. 00:44:33
And my son's in our agricultural operations. 00:44:35
My son's raised a. 00:44:38
Livestock or. 00:44:39
Go back to raging livestock over on the other side. 00:44:40
And. 00:44:43
What comes into play there with that? 00:44:44
Is the agricultural buffer. 00:44:47
Now I. 00:44:49
I don't ask much from Floyd County at all, but I'm asking now. 00:44:52
I want this. 00:44:56
They say it's not in here, but I want it. 00:44:59
And the file. 00:45:02
Approval. 00:45:04
Says farming activities. 00:45:05
This section right here. 00:45:08
I want that. 00:45:10
And so I don't have any problems whatsoever. 00:45:12
Now I'm understanding. 00:45:16
That this area on that driveway is listed as it will not be a common area. 00:45:18
And that's what I've also wanted to ask for and they've done answered that. 00:45:24
But. 00:45:29
I I have two entrances into the field up there. 00:45:32
To my field off the driveway. 00:45:37
That's for the big equipment. 00:45:39
And. 00:45:41
I want to ask that. 00:45:43
The buffer area Mr. Prop Ogles over on the north. 00:45:46
Side and mine along. 00:45:50
The road. 00:45:54
I want them to be. 00:45:55
Different than I believe what they called for. 00:45:58
I want Cedars. 00:46:01
Cedar's work. 00:46:04
Cedar seedlings. 00:46:05
I planted it myself. 00:46:07
The man down on Duffy Rd. has just planted. 00:46:09
I don't know how many thousand down there. 00:46:11
And they work. 00:46:13
I want cedar seedlings. 00:46:15
On that buffer. 00:46:17
It will create a wall very quickly. 00:46:19
And alleviate any problems with drift. 00:46:21
Fertilizer. Uh, lime. Specially lime dust. 00:46:25
Going up that hill. 00:46:28
This this development. 00:46:30
Is in a situation. 00:46:33
Like I've never seen in Floyd County. I believe that all of you will agree with that. 00:46:35
It's the residential subdivision. 00:46:39
Heavy, uh. 00:46:41
Homes. Big homes. 00:46:44
Coming right down. 00:46:46
To the floodplain. 00:46:48
Right down onto the driveway. 00:46:50
And then extending across to my line. 00:46:52
On the South side. 00:46:55
I want it recognized that. 00:46:57
Then it's an agricultural area. 00:47:00
To also Mr. Loftus's and. 00:47:02
Mr. Bishops. 00:47:05
To the West. 00:47:06
To be included in that. 00:47:09
Under Farming activities. 00:47:11
That's the way it read three years ago. 00:47:13
And I want this to read the same way in this one. 00:47:16
I'm told that it's not in this one. 00:47:20
But. 00:47:23
I wanted to read it. 00:47:24
The same as it did three years ago in in that. 00:47:27
Agreement there. 00:47:31
I believe I've got everything there. 00:47:33
I am. 00:47:36
I need these things taken care of. 00:47:37
I hope you read my letter. 00:47:40
I'm sorry if I didn't write it right. 00:47:42
It's I have a hard time writing letters. 00:47:44
And like everybody else in public speaking. 00:47:47
But you can see my heart in it. 00:47:50
I've been there all my life. 00:47:52
To see this. 00:47:53
Who's your homestead disappear. 00:47:54
Is extremely hard on me. 00:47:57
I'm gonna say a personal thing here. 00:48:00
Years ago. 00:48:02
I asked about. 00:48:04
People got ahead on me. 00:48:07
I was an first. 00:48:09
You always ask your children. 00:48:11
First, no matter what. 00:48:13
Unless it's a bad situation. 00:48:14
I wasn't asked. People got ahead of me, people got upset with me because I even spoke up. 00:48:17
I never, ever want to see that again in Floyd County. 00:48:23
It's been tough on me here to. 00:48:27
Stand here and speak like this. I usually don't. 00:48:30
Do this but these things that I have mentioned. 00:48:34
Let me look real quick here. 00:48:39
We do want that pile taken care of. 00:48:45
A free cash bridge would do it. 00:48:47
My son's. 00:48:50
Property over on the other side. 00:48:51
It's a 20 foot. 00:48:54
Buffer correct? 00:48:55
20 foot buffer. 00:48:57
All the way the length of the farm, the width of the farm. 00:48:59
From the church property. 00:49:02
Download My Sons. 00:49:04
20 feet and all the way back. 00:49:06
To Luther Row. 00:49:10
I want to see that. 00:49:11
It's important. 00:49:13
I have friends that farm over in Illinois. 00:49:14
And they are in the middle of things like this. 00:49:17
Really deep. They farm 6000 acres over there and they have 3. 00:49:20
Lawsuits. 00:49:23
From. 00:49:25
Homeowners association on them. 00:49:27
I just want to make sure that that is in there. 00:49:30
And that the homeowners association rules and laws. 00:49:33
On that driveway. 00:49:37
He is not detrimental to me and my sons. I I wrote that down. 00:49:39
And we've got. 00:49:45
That's fine, but we're out of time. You. You. 00:49:48
You took the whole time, the 10 minutes, but I'm going to open up for somebody else to speak, OK? 00:49:50
Thank you, Mr. Filters. 00:49:54
I appreciate that. 00:49:56
Thank you. 00:49:57
All right. 00:49:59
Anybody else like to speak in opposition? 00:50:01
Open up the floor again for some more time. 00:50:04
All righty, looks pretty good at this time. We asked the applicant to come back and. 00:50:10
Try to respond to the request. 00:50:15
Are the issues. 00:50:18
I'm I'm. I'm going to write down what I. 00:50:21
I'm going to read what I wrote down and see if it matches what you wrote down. 00:50:23
He he mentioned grade. 00:50:28
He mentioned tile under drive his sons. 00:50:30
Uh, and ask for a bridge. A precast bridge, possibly. 00:50:34
Driveway he built. 00:50:38
It goes underwater. Something about a turning lane. 00:50:39
HOA. This is under an. 00:50:44
It's question propulsion access. 00:50:46
Across Drive. 00:50:50
Homeowners association question. 00:50:52
AG buffer. 00:50:56
Question. 00:50:58
Second entrance for big equipment. 00:51:00
And you'd like to have buffers. He would like to have cedar trees. 00:51:03
And I didn't catch last with. 00:51:06
The Loftus in some other farmer. 00:51:08
But I missed that which that was adjacent farms, Yeah, that he was referring. OK, so that's what I wrote down. 00:51:10
Help us out here. 00:51:15
Yeah, on so on the hill in the grading. 00:51:16
You know. 00:51:19
When they graded it and. 00:51:21
Apparently he installed terraces on the on the site which which do work, but as part of our work we're putting in curbs. 00:51:23
Gutters. 00:51:30
Storm sewers. 00:51:31
Conveying that water. 00:51:32
Subsurface to detention basins. 00:51:33
So I think our work. 00:51:36
And when it's finished, we'll accomplish the same thing that the terraces are accomplishing. 00:51:38
On the tile. 00:51:43
So every project that we do Floyd County stormwater requires us to look at all the downstream tiles. 00:51:44
And make sure that they're adequate. 00:51:50
In our initial review, our first review which was approved. 00:51:52
We looked at that tile and it was adequate for the drainage that's that's going there. 00:51:56
They're going to review the storm water again per the conditions. We'll check it again, but. 00:52:00
I'm sure that it will be the same. 00:52:05
But we will definitely look at it again. I don't know that the county engineer approved it separately from stormwater last time. 00:52:08
But Stormwater did approve that as part of our calculation. 00:52:13
The the what? What Mr. Finters talks about the turning lane. 00:52:18
There's a little sliver of. 00:52:22
Of property that. 00:52:23
Goes S that was included in this piece. 00:52:25
We're showing most of that being dedicated as right of way. 00:52:27
There is a little 10 foot sliver that right now we're showing is a lot but. 00:52:30
I know the developer was going to was going to look at that in the future and see. 00:52:34
What could be done about that? 00:52:37
There is an HOA required. 00:52:40
That Mister Fentress has an easement that cannot block the driveway. 00:52:42
We are also going to use that driveway we have to install a lift station for. 00:52:46
Super service, we're going to use that driveway to access that lift station as well. 00:52:50
But. 00:52:54
And that's what Mr. Benson was talking about earlier. 00:52:55
The previous approval condition was to dedicate that as common area. 00:52:58
That creates a whole another set of issues for Mr. Fentress. 00:53:02
So we are proposing that the lots would own. 00:53:05
The land under the easement. 00:53:08
But the easement stays in place. 00:53:10
No one can take that away from Mr. Fentress unless he agrees to that. 00:53:11
That will be planted, it's of record now. It will be planted and carried forward. 00:53:16
I'm gonna I'm gonna skip to the ag buffer. 00:53:23
So your AG buffer. 00:53:25
It's a negative planting. 00:53:26
Buffer. It requires no toxic type plants to be planted. 00:53:29
To protect humans and livestocks from eating them. 00:53:33
And and being killed. There is no requirement for any plantings. 00:53:35
Under your AG buffer. 00:53:39
Requirements. 00:53:41
And then I think. 00:53:43
I don't know for sure what document I'm assuming he was talking about. 00:53:45
What I call probably the last person in the world. 00:53:48
What I call a Roscoe Emily Claus. 00:53:51
Which is notifying the anyone that buys a lot in there. 00:53:53
That they're in an agricultural area and there might be. 00:53:56
Noxious activities that happen, smells and whatever. 00:53:59
I we haven't talked about that. 00:54:02
It's probably not in the current covenant. It's it's not in the current covenants. And I can say if that's something that this 00:54:05
commission's really. 00:54:08
Gonna hang their hat on the. 00:54:12
We have no problem. 00:54:13
Putting that in there, well, I I don't see any problem with it myself that that way at least the the the homeowner acknowledges 00:54:15
it. 00:54:18
It's not going to guarantee somebody is not going to complain, but it still helps you somewhat, yeah. 00:54:23
While we're on the restrictions, we've got no problem with including that in there about the access easement. 00:54:28
That it cannot be affected limited and that. 00:54:32
I don't know how exactly we'll word it yet, but there's there will be people, you know. 00:54:37
Vehicles that will be on that vehicle on that road there, we'll make sure we include that in there. 00:54:41
And an HOA is required by your ordinance. 00:54:46
Right. 00:54:48
And then as. 00:54:50
Brad mentioned. 00:54:52
Language can be added in there about not blocking these. 00:54:53
OK. And and that's already as part of the D that created that easement. 00:54:56
You can't eliminate that, so that language is already there legally. 00:55:00
OK, he cannot give. 00:55:04
Additional approval. 00:55:06
For other people. 00:55:08
Access that though. 00:55:09
Correct. So nobody can, we cannot limit the use of that easement and he cannot expand the use of that easement without our 00:55:10
approval. So it's. 00:55:14
We're in the same in the same system, right? 00:55:19
Nobody can make any changes without everybody. 00:55:21
Yes, Sir. 00:55:24
Now the the pipe that he's talking from the church to. 00:55:25
North Duffy Rd. That's a long time, long way. 00:55:28
Yeah, that's that was an well. 00:55:32
I thought I mentioned pipe now also. No no no. The only pipe you mentioned was going underneath the. 00:55:35
Undergoing our son's role. 00:55:41
We'll double check it again, right? 00:55:44
And that's where, of course, he wanted the. 00:55:46
The bridge. 00:55:48
Wait or yeah? 00:55:49
OK. 00:55:53
So I just want, I guess what I want to make sure of this is that that. 00:55:54
That we. 00:55:57
Address the conditions adequately. 00:55:59
And we don't have, we don't have to redo a whole lot of stuff here. 00:56:01
Well, I understand, I understand, but we don't necessarily want to. I understand, right? 00:56:05
Right. Well, that's not what I'm talking about, what you just agreed to. 00:56:11
To to change the, the as far as the language on the easement, yes, Sir, that's not a problem at all. And that I believe that was 00:56:15
part of the staff report, staff recommendation. So. 00:56:20
OK. 00:56:26
Any other questions for these general? 00:56:29
I think Mr. 00:56:31
There was an earlier question about landscaping. 00:56:32
The pear trees or whatever. 00:56:36
Hello. 00:56:38
I'll ask Miss Anderson this question. I think Brad prepares are illegal to sell in Indiana now, right? They are not illegal to 00:56:41
sell yet, but. 00:56:43
On all of our landscape plants, we have asked the landscapers put which trees they are not and Bradford parries on the list of. 00:56:46
They will not plant. 00:56:53
I have a personal amendment against Bradford Paris as well. I do too. 00:56:54
So is there? 00:57:03
Is there any? 00:57:04
Landscaping buffer between this subdivision and. 00:57:06
No, because they're both zoned the same. 00:57:10
Right. But I believe one of the conditions was. 00:57:13
That we follow the Indiana ID and our tree species list and. 00:57:16
That's no problem. We can do that absolutely 100% staff and I already discussed that. We've got no problem with that as the 00:57:20
worded. 00:57:23
On the recommendation. 00:57:26
OK. 00:57:28
Anything else? 00:57:29
Everybody cool. 00:57:34
All right. Thanks guys. Figure out all these. 00:57:36
All right, this time I'm looking for a ballot if anybody has one. I have a ballot for 16 and 17 but. 00:57:40
I'll read them and then we'll go go from there, do one at a time. 00:57:48
Yes, OK. I'm Chris Welch. 00:57:51
Docket number FC 0326. 00:57:55
16. 00:57:59
Petitioner named Spring Hills Holdings LLC. 00:58:00
Flight ordinance authority. Floyd County Subdivision control. 00:58:05
Ordinance Article 1. 00:58:09
10 the Floyd County. 00:58:11
Planning Commission. 00:58:13
May grant modifications. 00:58:14
To the required. 00:58:16
Requirements of all subdivision control ordinance. 00:58:18
Only if all of the following criteria met. 00:58:21
One, the modification will not be detrimental to the. 00:58:25
Public Health. 00:58:29
In safety or general welfare. 00:58:31
To the modification will not adversely. 00:58:33
Affect adjacent property. 00:58:36
3 The modification is justified. 00:58:38
Justified because it's exceptional topographical. 00:58:41
Or other physical conditions unique to the property. 00:58:45
Involved is not correct. 00:58:48
Near the inconvenience or financial disadvantage? 00:58:51
For the condition upon which this modification request is based. 00:58:56
Are unique for the property for which the relief is sought. 00:59:01
And not applicable generally to. 00:59:05
To other property. 00:59:07
This property has a large hill present that adds to the scenery of the site. 00:59:09
Five the Commission. 00:59:15
The modification is consistent. 00:59:17
With. 00:59:20
Incident, intent and purpose of the ordinance in the Comprehensive Plan. 00:59:21
The condition necessary 6. The condition necessary. 00:59:28
The modification was created by the owner or applicant. 00:59:32
The hill is. 00:59:35
Pre-existing. 00:59:37
7 The relief sought will not in any way vary. 00:59:39
The provision or zoning ordinance. 00:59:43
The approval is consistent. 00:59:46
With provisions in the zoning ordinance. 00:59:48
After careful review, the Planning Commission. 00:59:55
Finds that the variance. 00:59:59
Modification will not. 01:00:01
Be detrimental to the public health and safety of the general welfare. 01:00:03
The modification is justified because of an exceptional. 01:00:07
Topographical or other physical conditions unique to the property. 01:00:11
Involved. 01:00:16
And is not to correct mere inconveniences or financial disadvantage. 01:00:17
Not to have a significant impact to the health, safety or general welfare of the public. 01:00:23
The fire territory. 01:00:29
Has expressed it. 01:00:30
An intent to serve. 01:00:32
To the variance. 01:00:34
Modification will not. 01:00:36
Adversely. 01:00:38
Affect the adjacent property because the grade of the roadway is used solely for the access of the seven. 01:00:39
Lots. 01:00:46
3 The variance modification is justified because. 01:00:48
Of an exception. 01:00:53
Exceptional topographical. 01:00:54
Or other physical conditions. 01:00:57
Unique to the property involved. 01:01:00
And is not to correct the mere inconvenience of financial disadvantage because? 01:01:02
The modification is unique. 01:01:07
By the unique condition of a large hill present on the site. 01:01:09
And otherwise developed. 01:01:14
This location would. 01:01:16
Would drastically change the shape of the terrain. 01:01:17
For the condition upon. 01:01:21
This variance modification request is based. 01:01:24
Are unique to the property. 01:01:27
For which the relief. 01:01:31
Is sought in his. 01:01:33
Not applicable generally. 01:01:35
Two other properties because the property has a large hill present that adds to the scenery of the site. 01:01:38
The variance modification is consistent. 01:01:45
With the intent and purpose of the ordinance. 01:01:49
Of the comprehensive plan. 01:01:52
Because the comprehensive plan covered. 01:01:54
Preserving natural and rural characteristics in the community. 01:01:56
This modification allows a subdivision to retain a unique feature. 01:02:01
That would otherwise. 01:02:05
Have to be removed for development to occur. 01:02:07
6 The condition necessary. 01:02:11
Are the conditions necessitating the variance modification was not created by the owner? 01:02:15
Or the applet because the hill was. 01:02:22
Hill is pre-existing. 01:02:24
7. 01:02:26
The relief sought will not in any way vary. 01:02:28
The provisions of the zoning ordinance because of the approval. 01:02:32
Is is consistent? 01:02:36
With. 01:02:38
Provisions in the zoning ordinance. 01:02:39
The Floyd County Planning Commission hereby grants. 01:02:42
The petition. 01:02:45
Petitioners Subdivision control variance modifications. The meeting held on the 13th day. 01:02:47
Of April. 01:02:54
2026. 01:02:54
And we're going to have to add conditions. 01:02:58
No, no. 01:03:03
It's gonna be Hill. 01:03:07
OK. So the next one OK. 01:03:09
So no conditions. 01:03:11
On 16. 01:03:13
So that's all you're about. Does that complete your ballot? 01:03:17
All right. We have a completed ballot. I'm looking for a second. 01:03:19
Second, I do have a second any discussion? 01:03:22
No further discussion. All in favor signify by. 01:03:26
Aye, those opposed likewise. 01:03:29
Thank you. All right. 01:03:31
17. 01:03:34
I've got 17 also 17 also. 01:03:35
Ballot for primary approval of the sub of a major subdivision. 01:03:52
Ordinance Authority. 01:03:57
Statutory authority. IC367-4701. 01:03:59
Comma ETSEQ. 01:04:06
Period. The subdivision. Its name is Spring Hill Subdivision. Tape is major. 01:04:09
The docket number is FC. 01:04:13
03. 01:04:16
Dash 26. 01:04:17
Dash 17. 01:04:19
Applicants owners name. 01:04:21
Spring Hill Holdings. 01:04:23
LLC. 01:04:25
One the petitioner has met the following requirements. 01:04:27
A Preliminary plans provided. 01:04:32
The certificate certifications. 01:04:36
Certifications. 01:04:41
Demonstrating compliance with IDM Rule 5. 01:04:43
See Platt provided identifies all. 01:04:49
Pertinent information pursuant to the. 01:04:53
SCO in the Floyd County Planning Commission. 01:04:57
Our Planning and Zoning Commission rules and procedures. 01:05:00
D Geo Technical report provided. 01:05:05
It's not the traffic impact study. 01:05:08
Provided. 01:05:13
F Phase One Environmental Audit report. 01:05:15
Provided which is not applicable. 01:05:18
G site plan provides. 01:05:22
Provided that shows topographic. 01:05:24
Topographic. 01:05:27
Wetlands flood. 01:05:28
Hazard areas, steep slopes, those exceeding 16%. 01:05:30
In shows in soils shown. 01:05:34
On the soil. 01:05:38
Survey of the Floyd County of having severe limitations for Urban Development. 01:05:39
Age the lots. 01:05:46
One all lots either comply with. 01:05:48
The Floyd County zoning ordinance requirement or a subdivision. 01:05:52
Subdivision control. 01:05:57
Has been approved for. 01:05:59
Non conforming lots. 01:06:01
Two lots are not laid out along existing arterial. 01:06:06
Our collector of local roads. 01:06:11
Three lots. 01:06:13
All lots meet. 01:06:15
The length requirements. 01:06:16
Of the. 01:06:19
SCO. 01:06:20
Streets. 01:06:21
One streets and cul de sacs comply. 01:06:24
With dimensional and geographical standards. 01:06:27
Of the SEO. 01:06:30
2 traffic. 01:06:32
Calming measures are identified. 01:06:34
Where more than 30 lots are provided. 01:06:37
3. 01:06:41
In a public St. serving this subdivision. 01:06:42
Meets the SEO surface type. 01:06:45
In right away requirements. 01:06:48
4 All streets are named. 01:06:51
5. 01:06:54
There are. 01:06:55
Not any permanent dead in streets. 01:06:56
Or any private streets. 01:06:59
6. 01:07:02
Approval received for any subdivision streets. 01:07:06
That intersect. 01:07:09
With the state highway. 01:07:10
It's not applicable. 01:07:13
7 Curbs and gutters conform. 01:07:15
To the N dot standard specifications or equivalent standards as determined by the county engineer. 01:07:18
J Driveways, intersections and entries entrances. 01:07:27
Excuse me a second. 01:07:31
J Driveways, intersections, and entrances. 01:07:41
1-2 subdivision injuries are provided. 01:07:45
Where 50 or more lots are proposed. 01:07:49
Two driveway separations meet the requirements of the. 01:07:53
SEO. 01:07:58
Three all driveways and intersections are located in accordance with the SCO. 01:08:00
K Sidewalks. 01:08:06
Sidewalks are provided on both sides of the subdivision streets. 01:08:08
Where the gross density of the subdivision is more. 01:08:12
Than one lot per acre. 01:08:15
Two, pedestrian access is provided. 01:08:18
To any park common space. 01:08:22
Our recreation facility located within the subdivision. 01:08:24
3 Protective. 01:08:30
Covenants. 01:08:33
Assign the obligation for the. 01:08:35
The maintenance and repair of the sidewalks and trails. 01:08:37
To lots owners association. 01:08:40
All covenants are. 01:08:45
Consistent with this. 01:08:47
SCO. 01:08:49
Two, petitioner has. 01:08:50
Met the following requirements for drainage and storage stormwater. 01:08:53
AN dot IDNR approval. 01:08:59
Obtain. 01:09:03
For altercations to the natural drainage pattern in natural stream patterns. 01:09:05
Caused by the construction of the subdivision. 01:09:10
B. Any drainage system. 01:09:14
Will be installed. Meets the standard. 01:09:16
Of the SCO. 01:09:20
See drainage report. 01:09:21
Has is provided. 01:09:23
3 Petitioner. 01:09:27
Has provided. 01:09:28
A letter confir. 01:09:30
Confirming availability in willingness to serve for the necessary utilities. Water. 01:09:31
Sewer. 01:09:38
Fire Protection. 01:09:39
Telephone. 01:09:40
Gas and electric. 01:09:41
4 Petitioner has met the following requirements for sewer. 01:09:44
Or septic service. 01:09:48
A service. 01:09:50
For subdivision, lots will be extended to the IDE. 01:09:52
Approved. Approved municipal. 01:09:56
Or county owned. 01:10:00
Or. 01:10:02
Operated sanitary sewer system. 01:10:04
Which is not applicable. 01:10:07
B Conditions used. 01:10:09
To approve by the Floyd County Board of Zoning Appeals. 01:10:12
For a news. 01:10:15
Wastewater treatment plant is not applicable. 01:10:16
Or the septic which? 01:10:20
It's not applicable. 01:10:22
Umm. 01:10:25
I'll go. The septic systems meet the following requirements. It's not applicable. The ISDH approval provides for all. 01:10:32
Septic systems and filters. This is not going to be a septic system. 01:10:40
It's gonna be sanitary. 01:10:44
So. 01:10:47
The decision upon careful review. 01:10:49
The Floyd County. 01:10:51
Planning Commission hereby grants. 01:10:52
The petition primary application for major subdivision. 01:10:55
In the meeting held This meeting held on the 13th day of April 2026. 01:10:59
Primary approval is based on. 01:11:04
Completion of the following conditions. 01:11:07
One show location. 01:11:11
Location of the easement. 01:11:12
Of on the plat before the final. 01:11:14
Plat approval. 01:11:17
2A maximum grade of 14% is approved. 01:11:20
For the street leading to lots 27 through 33. 01:11:24
Approximately 400 feet, known as Thelma. 01:11:29
Or yeah, Thelma Lane. 01:11:32
Per FC-03. 01:11:34
Dash 26-16. 01:11:38
3 drainage. 01:11:41
Storm water. 01:11:43
In erosion control plans must be updated. 01:11:44
And submitted to the Platte Stormwater Department for review and given. 01:11:47
Given by the department prior. 01:11:53
To final plat. 01:11:55
Approval. 01:11:57
Four add to the HOA covenants. 01:11:59
Either a recommendation. 01:12:03
Or requirement. 01:12:05
To utilize the most up-to-date. 01:12:06
Indiana Indiana NET Department of Natural Resources. 01:12:09
Tree species list. 01:12:13
For any tree plantings. 01:12:16
And that is? 01:12:19
The petition. 01:12:21
In decisions at this point. 01:12:22
I thought we got some others they had. Is that true, Victor? 01:12:26
The one the one that we needed to add was that they're going to add. 01:12:29
To the age I think it's to the HOA for. 01:12:33
Don't ride it until we get it approved here. 01:12:36
To no in regards to the, let the. 01:12:38
Property owners know that there is agriculture. 01:12:42
Activity in the area? Is that not what we that you all agree to if I'm not mistaken? 01:12:46
Should that be written? 01:12:51
He's just saying that. 01:12:53
They agreed to include in the HOA documents notice to the homeowners that agricultural activity exists nearby. 01:12:56
But notice will be given to HOA. OK. 01:13:04
In regards to agriculture activity. 01:13:07
Developer will include in the HOA documents. 01:13:10
OK, notice to HOA. 01:13:15
No, forget that. 01:13:17
What are the developer? 01:13:19
Will provide in the HOA documents. 01:13:22
Well. 01:13:30
HOA documents. 01:13:39
Notice to homeowners. 01:13:41
That agricultural activity. 01:13:49
Home. 01:13:52
Exists nearby. 01:13:56
They'll know it when they smell it. 01:14:08
I have a brain. 01:14:12
Bring an agricultural. 01:14:14
Activity. 01:14:17
How Jim Butcher does. 01:14:22
Tell me when you're the the other ones involved in the easement. And I think that they've agreed that there would be language in 01:14:39
the HOA documents. 01:14:43
That the easement remains. 01:14:47
And that no homeowner shall. 01:14:49
Restrict. 01:14:52
Use and access of that easement. 01:14:53
Easement to. 01:14:57
Existing. 01:15:00
That the developer agrees. 01:15:02
To put in the HOA documents. 01:15:07
Yes. 01:15:25
That an easement exists. 01:15:26
And that no homeowner. 01:15:35
No homeowner. 01:15:49
Shall prohibit. 01:15:50
Or restrict access. 01:15:52
To that easement. 01:15:56
Prohibit. 01:15:57
And what did you say? Pro shall put Arboretum. 01:16:00
The use of that easement. 01:16:05
The news. 01:16:12
Agriculture is within their future. 01:16:15
Is that is that the only easement on the? 01:16:18
Property. 01:16:20
Do you would you prefer if we specifically reference Fentress easement just to make clear? 01:16:22
Clear what we're talking about, are you? 01:16:27
Records the lot numbers so it's great. 01:16:32
Yeah, yeah. If you just in front of the very beginning of both of those, if you just put yes. 01:16:35
I'll do that here. 01:16:42
Just don't don't change anything. Just add feather. 01:16:44
He spelled it. I want to make sure it's got to be here. 01:16:50
Fritters Fentress easement. 01:16:55
I wanna make sure. 01:16:57
Print filter easement. 01:16:59
Developer agrees to put in the HO. 01:17:04
A documents that and even exist and no homeowner. 01:17:07
Shall prohibit or restrict that that use of the. 01:17:11
Correct. And then do you have the other one? 01:17:15
Developer will provide. 01:17:18
In the. 01:17:20
Documents. 01:17:23
Notice to the homeowner. 01:17:24
Trust that agricultural. 01:17:25
Homeowners that agricultural. 01:17:32
What activities are next nearby? 01:17:35
Yeah, yeah. 01:17:38
OK, it's almost the end of their page. We got a little wordy on those. 01:17:40
I know, I know. 01:17:45
OK, I'm going to. 01:17:48
Go back through those. 01:17:49
Just the ones you added please. 01:17:52
In that this is. 01:17:54
On. 01:17:56
I just want to make sure that you all know that this is on FC-0326-17. 01:17:57
This is just on what we added. 01:18:03
Five the developer will provide in the HOA documents. 01:18:07
Notice to the homeowners. 01:18:11
That agricultural activities are nearby. 01:18:14
Exist nearby. Exist nearby. 01:18:19
OK. 01:18:26
Six Pinterest easement. 01:18:29
Developers. 01:18:33
Agree to put in the HOA documents that the an easement exists. 01:18:34
In no homeowners. 01:18:39
Shall prohibit. 01:18:40
Or restrict that use of that easement. 01:18:42
Yeah, OK, Mr. Finters. 01:18:45
All right. No, you don't ask it. 01:18:47
Yeah, that's right. 01:18:50
I want to make sure that OK that that. 01:18:52
Conclude your ballot. Is that correct? That is correct. 01:18:55
OK, so. 01:18:57
Are you good with? 01:18:59
OK, that ballot is complete. I'm looking for a second. 01:19:00
I'll second that we have a second. Any further discussion? 01:19:03
If none. 01:19:07
All in favor signify by. 01:19:08
Aye. And those opposed likewise. Thank you. 01:19:10
All righty, next item. 01:19:13
Let's move this, move this ship on. 01:19:15
Agenda item docket FC-03-206-18 Primary approval. 01:19:18
Of a major subdivision, applicant is seeking primary approval of a commercial subdivision to be known as Summit Ridge Commons. 01:19:24
The proposal covers 17.6 acres. 01:19:32
To be split into six lots with a common area. 01:19:35
Common area lot and gross density of 2.93 units per acre. 01:19:37
Application Application is accompanied by two development standard variance requests. 01:19:44
That are heard. 01:19:49
That. 01:19:51
Are heard before the April 13th. 01:19:51
It should have been at April 13th. Board of Zoning Appeals. 01:19:55
I heard before at the April 13th 5:00 PM Board of Zoning Appeals. 01:19:59
Applicant Prime. 01:20:04
Property Development Company, LLC. 01:20:06
Site unaddressed location. It's on East Luther Rd. north of Lawrence Bannat. 01:20:09
And east of Hwy. 160. 01:20:16
At this time, Frank. 01:20:19
It's your all right. 01:20:20
Docket #FC32618. Petitioner, Prime Property development Co. 01:20:22
Representative Jason Copperweight. 01:20:27
Location along Hwy. 150 on an unaddressed lot. 01:20:28
Parcel #2241983DOT000-6. 01:20:32
Request major subdivision. Primary approval of the major subdivision. 01:20:38
For Summit Ridge Commons, this is also a commercial subdivision. 01:20:42
Zoning District, General commercial. 01:20:46
The petitioner is seeking preliminary approval of a commercial subdivision to be known as Summit Ridge Commons. 01:20:48
The proposal covers 17.6 acres to be split into six lots, with a common area utilizing 8.88 acres. 01:20:53
With the remainder of the property to be retained is undeveloped land. 01:20:59
The developed portion has a proposed gross density of .68 units per acre, not excluding common area and right of way. 01:21:03
The common area contains a total of 0.477 acres and is located at the north of the parent tract. 01:21:10
Being developed. 01:21:16
The property is located within a commercial growth area of the Lafayette Township and falls under the Highlander Point Overlay 01:21:18
District, with the Highlander Point Corridor identified as the main commercial corridor and a primary gateway for the county as 01:21:22
identified by the Comprehensive Plan. 01:21:27
This property is surrounded by commercial and residential growth areas within the Lafayette Township. 01:21:32
This land is designated as a growth area due to its proximity to utilities, Hwy. 64 and existing amenities such as shops, schools, 01:21:37
and other institutions. 01:21:41
With an intent to focus development here rather than in areas that the plan has designated as transitional or agricultural areas. 01:21:45
To the east is the platted subdivision of Fairway Estates is owned a residential suburban. 01:21:52
To the north along the southern side E loop of East Luther Rd. are a vacant property and a single family residence zone. Urban 01:21:57
residential. 01:22:00
To the West, across Hwy. 150 are wooded properties, zoned residential, suburban and urban residential. 01:22:05
To the southwest. 01:22:10
South and Southeast are various property zone, general commercial. 01:22:11
The site has proposed access through the. 01:22:15
New proposed signalized intersection along Hwy. 150 that will connect to the new JC on the other side of the highway. 01:22:18
The site will further connect. 01:22:24
The site proposes further connection to the Lafollette. 01:22:28
Commercial platted. 01:22:31
Subdivision to the South and will have a road ext. 01:22:32
To allow for connections to East Luther Rd. should further. 01:22:36
Future development occur. 01:22:39
The proposal has obtained the necessary willingness to serve letters from the local public services and was included with the 01:22:41
regional traffic study. 01:22:44
A plot review was held on April 1st. 01:22:48
For the staff review. 01:22:50
The petitioner has provided A compliant preliminary plan for the project. 01:22:52
The petitioner has provided certification that all drainage and environmental requirements will be complied with and that there 01:22:55
are no known outstanding issues concerning item. 01:22:58
This is page nine of the actual application. 01:23:02
A geotechnical report was performed by Paul Primavera and Associates. 01:23:04
A phase one environmental study is not required. 01:23:08
Our regional traffic study was completed and provides adequate level of service. 01:23:10
A variance is requested from the 200 foot long frontage width requirement for lots one through 4 and lot 6. 01:23:15
And from the one acre requirement for lots 1-2 and four. 01:23:21
This was approved. 01:23:24
Before the Board of Zoning Appeals. 01:23:26
Other locks meet the size and frontage with standards of the Floyd County zoning ordinance for the residential suburban district 01:23:28
and are laid out along subdivision streets compliant with. 01:23:32
Subdivision control and standards. 01:23:36
And I apologize that should read as general commercial district, non residential suburban. 01:23:39
La Follette Station Dr. is continued to the north of the subdivision. 01:23:44
From the South connection point and is proposed as a subdivision St. that connects to the La Follette. 01:23:47
Commercial subdivision along Lawrence Bennett Rd. 01:23:52
Riley Drive is also provided as a subdivision St. providing access to US Hwy. 1 fifties anticipated intersection. 01:23:55
Sidewalks are provided. 01:24:01
A drainage report and preliminary plan were submitted with the application. 01:24:03
Full drainage compliance with. 01:24:07
County stormwater regulations will be required prior to secondary approval. 01:24:08
The Stormwater Director offers the following comment. Access to the two proposed detention areas will need to be considered before 01:24:12
primary or before final approval. 01:24:15
The petitioner has provided willingness to serve letters from CenterPoint Energy for natural gas. 01:24:20
Harrison RMC, Floyd's Knobs Water Company and Highlander Fire Protection. 01:24:24
Protection District. 01:24:28
Wastewater will be provided by New Albany Wastewater. 01:24:29
For staff comments. 01:24:32
The 2017 Comprehensive Plan indicates an opportunity to focus on entrepreneurship. 01:24:34
Detailed on pages 2831 and 37 of that plan. 01:24:38
Entrepreneurs and commercial uses do not have a uniform set of needs for space. 01:24:42
The website loopnets. 01:24:46
Loopnet let's. 01:24:48
Commercial lots in the local area and of the 16 listed lots, two of them were under one acre, potentially indicating a lack of 01:24:49
supply in the size range. 01:24:53
While This site is wooded, the site was previously cleared as recently as 2010. Many of the trees on the site are invasive species 01:24:57
that do not add to the rural character or ecological health of the community. 01:25:01
For staff recommendations. 01:25:06
Whereas the drainage and stormwater plants are requirements before the final approval. 01:25:09
Where the subdivision control ordinance requires developments, meet zoning ordinance, where a covenant for a shared maintenance 01:25:13
should be on record and where the comprehensive plan encourages. 01:25:17
Protecting the rural character of the community as well as promoting entrepreneurship and where Lafollette Station. 01:25:22
Drive is a private road. 01:25:27
Staff recommends the following conditions be met before final approval. 01:25:29
One final approval of drainage stormwater violence. 01:25:33
To a development standards. 01:25:35
Variance for the lot area and lot with frontage is approved for. 01:25:37
FC 3/26/19 and FC 3/26/20. Both of those have been approved. 01:25:41
Commercial 3 Commercial Association Covenants for shared maintenance of open space or add to the Commercial Association covenants 01:25:46
either a recommendation or requirement to utilize the most up-to-date Indiana Department of Natural Resources Trees species list 01:25:51
for any tree plantings. 01:25:56
And have any shared access? 01:26:02
Shared Maintenance agreement for use of Shared Access and maintenance agreement for use of Lafollette. 01:26:06
Station drive or create a temporary cul-de-sac dead end where La Follette Station Dr. is intended to connect. 01:26:11
All right. Thanks, Frank. Anybody have any questions for Frank on the staff report? 01:26:19
I do not. 01:26:24
Do not nobody understand. 01:26:25
Thanks Frank. Appreciate you an applicant come forward state your name and address for you and Jason Copper weight from Avera and 01:26:27
Associates, 1000 Bell Lane, New Albany, IN. 01:26:31
They representing the applicant. 01:26:35
To be brief, I don't have the staff always. As always, did a great job. 01:26:38
Presenting the project. 01:26:44
The only thing I would add is that the last. 01:26:46
The last recommendation that they made? 01:26:49
Which is. 01:26:51
A temporary turn around. 01:26:52
Access through La Follette Drive. 01:26:54
I would add a third item to, that is if they were to find a secondary access. 01:26:56
Approved by the Commission. 01:27:01
That that would also be an acceptable condition. 01:27:02
Acceptable. 01:27:05
Scenario that satisfies the condition. 01:27:07
That would be versus otherwise we agree with that. That would replace. 01:27:09
That turn around and said one of the three OK, temporary turn around, OK. 01:27:13
Access through the follow drive OK. 01:27:18
Or. 01:27:20
Second entrance through some other property. 01:27:21
If it becomes available. 01:27:23
That would be. 01:27:25
Or create a temp you still want create one of the 33. 01:27:27
Would meet. 01:27:30
Sure. 01:27:35
As approved. OK. 01:27:37
All right, that's fair enough. Make that easy. 01:27:38
Less writing. 01:27:40
Fair enough. 01:27:41
Otherwise, we agree with the conditions you done. 01:27:44
Yes. Any questions for Mr. Copper? Wait on the board. 01:27:46
All right, all righty. Thank you, Mr. Copper weight. 01:27:50
Now we open up for anybody who wants to speak in favor. 01:27:54
Please come forward. 01:27:57
State your name and address. 01:28:00
For the record. 01:28:03
My name is Steve Thiemann. I live it. 01:28:04
3593 Lafayette Parkway. 01:28:06
The only thing I want to bring up is. 01:28:09
Those are private streets. 01:28:11
Lafayette. 01:28:13
So how? How do you handle that? 01:28:15
The HOA. 01:28:18
Takes care of those streets. 01:28:19
So if there's traffic coming down, is there going to be a light? 01:28:21
At 1:50. 01:28:26
OK. Yeah. So. 01:28:28
I mean, we take care of our own streets as they're all private. So how do you handle that? 01:28:30
We'll have to give him time to come back up and and. 01:28:35
OK. All right. That's all. OK. Thanks, Steve. All righty. 01:28:40
Anybody else in favor? 01:28:45
OK, now we open up. Anybody that's against it in opposition, please come forward. 01:28:48
Thank you, Lord. 01:28:56
All right, this time, Mr. Cartwright, would you like to just. 01:28:58
Refer to Mr. 01:29:02
Ingleman's comment. 01:29:03
So Mr. Feenyman is correct as. 01:29:04
As I say, well should know because he developed the property. 01:29:06
La Follette Drive is a private drive that is maintained by the Lot Owners Association. 01:29:09
In the Folly station. 01:29:14
I think it is the. It is the applicant's desire. 01:29:16
Perhaps the desire of a few of the lot owners that maybe that road become a public road at some point in the future. 01:29:18
Maintained by the county. 01:29:23
But it requires participation of all the lot owners. 01:29:25
So it is my clients. 01:29:29
Interest to pursue that in the future. 01:29:33
In participation with the county or maybe the county would pursue that. 01:29:36
Either way. 01:29:41
The the physical pavement. 01:29:42
Enters into. 01:29:44
This property and so it physically can be connect. 01:29:45
Now, legal access is another issue. 01:29:48
And that's that's the reason for the three. 01:29:50
Options that we talked about either a temporary turnaround if we can't get legal access. 01:29:54
Get legal access. 01:29:59
Or develop some alternate. 01:30:00
The entrance some alternate third entrance to come on to come to connect to the South end of the proposed St. one of those three 01:30:03
items have to occur. 01:30:08
Before we get secondary approved, OK. 01:30:13
So right across. That's why I wanna. That's why I wanted to leave some options open for. 01:30:15
One of those three, but that's per staff. 01:30:20
Right recommendation. 01:30:22
Correct. Yes, so. 01:30:23
Still haven't seen that Uncle Bill for a year. 01:30:26
OK, so there's. 01:30:30
But that in order to get that to be public Rd. 01:30:31
Everybody has to agree to that, correct? That's correct. And then you have to verify this, that the county can accept it if it's 01:30:36
built to their respects and the county would have to agree to accept it. That's correct. So right now all all the commercial lot 01:30:40
owners. 01:30:44
Owned to the center of Lafollette Station Dr. and then there is a utility and access easement across the roadway so they all would 01:30:49
have to deed. 01:30:53
A small portion. It'd be their benefit to have it county, wouldn't they somewhat. 01:30:57
I mean that's I would think so that's opinion, right? I got it. Everybody's got one. You're dealing with several lot owners and. 01:31:02
Personalities, You know how they. 01:31:08
All right, good, Mr. Thiemann? Sure, absolutely. 01:31:09
Playing for president and we've all voted in. 01:31:13
They all agree. 01:31:16
OK. 01:31:18
Did we talk to you after the meeting? 01:31:19
Bring that to the Commissioners. 01:31:25
We're not buying, but bring it to the Commissioner. 01:31:29
We're not buying. 01:31:33
Understand. Thank you. 01:31:37
Any other questions? Any other questions for Mr. Copper? 01:31:39
Alrighty. Thank you, Mr. Jason. At this time, we'll open it up for a ballot if anybody has one, please. 01:31:42
FC03. 01:31:48
Dash 26-18, afternoon. 01:31:50
Prime property development company. 01:31:54
Number one, petitioner has met all the following requirements. A preliminary plan provided. 01:31:56
B Certification. 01:32:01
Demonstrating compliance with. 01:32:03
IDE and Rule 5C Plat provided identifying all pertinent information pursuant to the SCO. 01:32:05
And Floyd County Planning and Zoning Commission rules and procedures. 01:32:11
D Geotechnical report provided. 01:32:15
E Traffic study provided. 01:32:18
F is not applicable G site plan provided that shows topography. 01:32:21
Wetlands. 01:32:26
Blood hazard areas. Steep slopes. 01:32:27
In soil shown under soil survey of Floyd County as having. 01:32:29
Severe limitations for Urban Development. 01:32:33
H Lights. Subdivision control. 01:32:37
Been approved for conforming lots. 01:32:40
Watch for my lay down along existing arterial collectors or local streets. 01:32:47
Three, all lots meet the. 01:32:52
Length requirements of the SCO. 01:32:54
Ah St. streets in Cul de Sacs comply with the dimensional geographic standards of the SCO. 2 Traffic calming measures are 01:32:58
identified. 01:33:02
No, that's not actual. 01:33:07
#3 any public streets. 01:33:09
Serving the subdivision meets the SCO surface types and right of way requirements #4 All streets are named. 01:33:11
#5 there are. 01:33:18
Or not any pertinent dead end streets or any private streets? 01:33:19
Number six. 01:33:25
Indiana dot approval received for any subdivision streets intersect with the state highway. 01:33:26
#7 Curbs and gutters conform. 01:33:31
Did the Indiana dot standard specification for equivalent standards. 01:33:34
As determined by the county engineer. 01:33:38
J Driveways, intersection entrances. 01:33:40
Number one is not Apple. 01:33:43
Pool #2 driveway separation meets the pharmacy SEO. 01:33:45
#3 All driveways intersections are located in accordance with the SCO. 01:33:49
OK, sidewalk side Zack. 01:33:53
Walks Harper would write it for the subdivision Streets number 2 is not applicable. 01:33:55
#3 Protective cobbles assigned the obligation of the maintenance and repair of sidewalks and trails. 01:34:02
To the lot owners associations. 01:34:08
How can covenants are consistent with the SCO? 01:34:11
#2 Petitioner has. 01:34:15
Practitioner. 01:34:20
Has will be compliant with all the following requirements or drains using stormwater priority secondary approval. 01:34:21
A ID and our approval obtained for. 01:34:28
Alterations to the natural drainage patterns and natural. 01:34:32
Stream patterns caused by the construction of the subdivision B. Any drainage. 01:34:35
System being installed meets the minimum standards of the SCO. 01:34:40
See drainage reports provided. 01:34:44
#3 Petitioner has provided a letter. 01:34:46
Confirming availability and willingness to serve. 01:34:49
For all necessary utilities #4 Petitioner has met the following requirements for sewers. 01:34:52
Service for the subdivision lasts. 01:34:58
Will be extended to IDE and approved municipal. 01:35:01
Or county owned or operated sanitary sewer. 01:35:04
System. 01:35:08
Upon careful review, the Floyd County Planning Commission hereby grants. 01:35:12
Primary approval for major subdivision. 01:35:18
At the meeting held on the 13th day of April. 01:35:22
2026. 01:35:24
Primary approval is based on a collision of filing conditions. Final. 01:35:26
Approval of all drainage of stormwater plans to finalize commercial association covenants. 01:35:30
For shared maintenance of open spaces. 01:35:35
#3 add to the commercial association comments either a recommendation. 01:35:37
For requirement to utilize the most up-to-date Indiana Department of Natural Resources tree species list. 01:35:42
For any tree plantings #4 provided interlocal agreement. 01:35:47
For use of Lafollette Station Dr. are created temporary cul-de-sac. 01:35:52
Dead end where F La Follette Station Dr. is intended to connect. 01:35:57
Or another. 01:36:02
Access point as approved. 01:36:03
Pasta that completes my belt. 01:36:05
All righty, we have a ballot in a second. 01:36:08
I do have a second any conversation, any discussion. 01:36:10
If none all in favor, signify by aye those opposed likewise. Thank you guys. 01:36:13
All righty, don't know anybody leave till we get the ballot signed right now. 01:36:20
Is there any other business, Frank? 01:36:24
OK, there's no new discussion at this time. I need a motion to adjourn. 01:36:28
So moved. 01:36:32
Second, all in favor signify by thank you guys and girls. 01:36:34

Transcript

Event transcript
Comedian Floyd County Planning Commission held on the 13th day. 00:00:00
At 7:00 PM. 00:00:03
At this time, we'd like to do the pledge allegiance or by standing on our flag. 00:00:04
I pledge allegiance to the flag of the United States of America. 00:00:09
And the jury Republic for which it stands. 00:00:14
One nation under God. 00:00:16
Individual with leveraging access for all. 00:00:18
All right. Thank you very much for that. At this time, we'd like to have roll call. 00:00:22
Here. 00:00:29
Here. 00:00:31
Here. 00:00:33
Mr. Brinkler. 00:00:36
Mr. Badshaw here. 00:00:38
Mr. Luke. 00:00:42
Here. 00:00:43
Mr. Owner here. 00:00:44
All righty, this time we'd like to have somebody. 00:00:46
Make a motion to accept the meeting. 00:00:50
10 minutes for March 9th. 00:00:52
I'll make a motion to accept the minutes for March 9th. 00:00:54
2nd We have a second. We have a second. 00:00:58
Any other discussion on favor signify by? 00:01:00
Aye. All righty. Thank you very much at this time. 00:01:03
Just like to bring to the attention everybody that we only have 6. 00:01:06
Of our 9. 00:01:11
Board members that can vote. 00:01:13
So anybody would want to table an issue tonight you're that's at your. 00:01:15
Discretion. 00:01:20
We will allow that so. 00:01:21
When your docket number, it's agenda item is. 00:01:24
Called. You have the right to do that so. 00:01:27
At this time. 00:01:29
We have no announcements. We have no old business, new business. 00:01:32
I'd like to have our. 00:01:36
Attorney just go through a little bit of our procedures and she'll she'll explain that now at this time. 00:01:38
Go ahead, Christy. 00:01:44
And we've got this up on the screen as well. Hopefully this microphone's working a little bit better than it was earlier. 00:01:45
So we'll start by the chairman. Mr. Unruh will read the docket. 00:01:50
Item and. 00:01:54
Agenda number. 00:01:57
Then the director and staff will come up, give their staff report. The applicant will then have 10 minutes to present their 00:01:58
application request to the board. 00:02:03
Everything this evening is directed towards the board, not to people in the audience. 00:02:07
Thereafter, the board members may ask the applicant questions if they have any questions for the applicant, the petitioner. 00:02:12
After that, public comments are opened, with those in favor having 10 minutes. 00:02:18
That's not 10 minutes per person, that's 10 minutes for everybody in the room that's in favor of that. 00:02:23
Application. 00:02:27
And then we shift to those that are in opposition. 00:02:28
And that again is a combined 10 minutes for everybody in the room that is in opposition of that agenda item. 00:02:32
We do state require that you come up and state your name and address for the record prior to giving your in favor opposition 00:02:39
comments. Again, those comments are directed to the board, not the applicant or eBay in the audience. After that period of time, 00:02:44
the applicant will get 5 minutes to come back up. 00:02:49
To rebut or answer questions that are brought up during the public comments and the Board may ask additional questions of the 00:02:55
applicant at that point in time. 00:02:59
After that, the board will consider a ballot. 00:03:03
And thereafter, vote on that ballot that's presented. 00:03:06
All righty. Thank you very much. At this time, Frank, if you want to come and start with agenda item 1. 00:03:10
What are we doing? 00:03:17
Your typos. 00:03:19
Thank you. 00:03:23
Agent Item 1, Docket number FC 2/26/12. 00:03:27
Petitioner TTCJ Properties, LLC. 00:03:31
With representatives Chad Ernst and Todd Lanning. 00:03:34
Location 4865 Old Vincennes Rd. Police Knobs, Indiana. 00:03:36
Request for a development plan review approval. 00:03:41
In the general commercial zoning district. 00:03:44
Applicant is proposing a development plan for a drive through. 00:03:47
Oh, sorry. 00:03:50
Also, there were a couple of items before the Board of Zoning Appeals. 00:03:51
That were already approved for variances. 00:03:55
So applicant is proposing a development plan for a drive through coffee shop located on 0.45 acres in the General Commercial 00:03:59
Zoning district along Old Bensons Rd. near the intersection with Hwy. 150. 00:04:04
And the Highlander Point Overlay District. 00:04:10
The parcel is located between two gas stations with a single family residential subdivision to its rear. 00:04:12
And a commercial center across the street. 00:04:17
A technical review committee was conducted for the development on. 00:04:20
March 19, 2026. Providing recommendations for the development to provide a write in, write out entrance and to adjust car 00:04:23
stacking. 00:04:26
Additionally, the stormwater department. 00:04:31
Director made comments about the placement for the dumpster. 00:04:34
The applicant has requested development standards variances for this application to build a primary commercial unit under the 00:04:37
minimum square footage and to. 00:04:41
And to not provide the transparency requirements for the windows and doors. 00:04:46
A conceptual site plan has or was reviewed by staff. 00:04:51
Petitioner has. 00:04:56
Not met all the development standards for the District. The petitioner has requested 3 development standards. Variances from the 00:04:59
Board of Zoning Appeals for facade building material. Less than 30% transparency for front of building. 00:05:04
Minimum size of the primary structure less than 2000 square feet. This was at 440 square feet for the proposal. 00:05:10
And a withdrawn proposal for no sidewalk along Hwy. 150. 00:05:16
A waiver of the development standards requirements is required if. 00:05:21
If required to waiver the development standards is. 00:05:28
Was granted because the waiver is consistent with the spirit and intent of the Comprehensive Plan. 00:05:31
The waiver of the transparency requirement supports the development of the commercial growth area while ensuring flexibility for 00:05:35
high quality design. 00:05:39
The waiver of the size requirement is consistent with supporting entrepreneurship as it retains the supply of small-scale 00:05:42
commercial buildings. 00:05:46
Uh. 00:05:50
And a waiver is consistent with the intent of the district because the variances are modifying the design elements to fit the 00:05:55
unique circumstances of the properties close proximity to a major intersection and a small size lot. 00:06:00
The proposed development plan is consistent with the comprehensive plan because the site is located within the Highlander Point. 00:06:06
Commercial corridor. 00:06:11
And the theme Places to Work. 00:06:13
Both economic gardening and fostering and facilitating entrepreneurship are listed as objectives and policies. Small commercial 00:06:14
buildings cater. 00:06:18
To smaller entrepreneurial efforts and increase the limited stock of small spaces available to the community. 00:06:22
The proposed development plan is consistent with the intent of the district as set forth in the Floyd County Zoning Ordinance 00:06:28
because as part of the Highlander Point Overlay District. 00:06:32
The site sits in an intended premier commercial and office location. 00:06:35
The proposed development plan does satisfy the following. 00:06:40
Development plan requirements. 00:06:43
Signage is designed to create a unified and consistent sign package. Design and location of St. access points minimize congestion. 00:06:45
And a development or and the development was updated to include a write in write out only access to open sense. 00:06:54
Entrances, streets and internal traffic facilities are compatible with existing and planned streets and adjacent developments. 00:07:01
Design and layout of the development has a clear circulation pattern that is sensitive to topography and other natural features. 00:07:06
Lighting is designed to create a unified and consistent lighting package for the development. Lighting and parking areas do not 00:07:11
exceed 20 feet in height. 00:07:14
The proposed development is not in a residential urban zoning district. 00:07:18
The proposal is not in a multifamily development. 00:07:21
The proposed development is located in the Highlander Point District or the Edwards Hill Gateway District. 00:07:24
If the proposed development is located in the. 00:07:31
Highlands Point Gateway District or the Edwardsville Gateway District. The following requirements have been met. 00:07:33
Building facades that face any. 00:07:38
Adjacent St. have a finished facade. 00:07:40
Trash collection bins are not placed on or along the facades that face any adjacent St. 00:07:42
A technical review committee was hosted on February 19th where concerns were raised over car stacking for the drive through and 00:07:48
people turning left into. 00:07:53
The site from Old Vinson's Road. 00:07:57
The county engineer recommended it write in write out access to Old Vinson's Road and signage stating do not block intersection. 00:07:59
Applicant has submitted an updated development plan showing the write in write out access. 00:08:04
The stormwater director also requested that the parking and dumpster at the rear of the site be flipped so that the dumpster was. 00:08:09
Further from the stormwater channel in the West and the detention basin for the Highlands. 00:08:14
This has also been met with the updated. 00:08:18
The drainage from the JC gas station to the West funnels through the channels near the dumpster. 00:08:22
Actually, that has been changed in just a moment. 00:08:27
OK, where the current placement? 00:08:34
So one of these is. 00:08:39
Recommendations has been met, but where the current placement of the dumpster presents high likelihood of waste and litter 00:08:40
entering the stormwater system and either polluting. 00:08:44
The ecosystem are blocking the drainage flow where variances were heard by the Board of Zoning Appeals. Staff recommends the 00:08:48
following conditions. 00:08:51
Provide an updated development plan with placement of the dumpster. 00:08:54
On the eastern side of the lot, parking may be placed at an angle according to Section 520, Item E that that part has been 00:08:57
submitted. 00:09:00
Earlier today. 00:09:04
Approval of the variance from the minimum size under. 00:09:05
FC 03/26/13 and approval of the. 00:09:09
For the building facade under FC 03/26/15. 00:09:12
And then provide an updated development plan meeting the standards of section. 00:09:16
That has also been met for the sidewalks. 00:09:21
That's it for now. 00:09:25
All righty. Anybody have any questions for Frank at this time? 00:09:26
I do not. No. None. OK. Thank you, Frank. 00:09:30
At this time would would the applicant like to come forward? 00:09:35
And just for the record, this is agenda item. 00:09:43
Docket FC-02-206-12. 00:09:46
State your name and address for the rest. Thank you, commissioners. 00:09:50
My name is Todd Lanning. 00:09:53
I'm with a milestone design group. 00:09:55
108 Damentry Lane. 00:09:58
Louisville. 00:10:01
40223. 00:10:02
And I represent Bigby Coffee. 00:10:04
As well as Chat Ernst, who's with Bigby Coffee as well. 00:10:07
I don't have much to add to what Franklin's actually. 00:10:12
Mentioned about the project like you incorporate everything that needs to be said. 00:10:16
But if you have any questions. 00:10:20
For us, we could. 00:10:23
Answer those. 00:10:24
Any questions? How many square feet is your building? 00:10:25
I believe it is 440. 00:10:29
Something is it 440 OK. 00:10:33
OK. And. 00:10:36
Go ahead. 00:10:39
Question. How many square feet? 00:10:39
And the. 00:10:43
Well, that building come in. 00:10:44
Prefabricator we it will be becoming prefabricated. 00:10:47
OK, OK. All right. 00:10:51
I think we need to address the landscape plan. I was doing some math and stuff and the. 00:10:54
Trees are too large for the area. 00:10:58
OK. 00:11:00
Already you have a recommendation for that? No, at some point we just need to talk about it because these are Elm trees are 00:11:01
getting 70 feet wide. We're putting them close to the road. 00:11:05
There, there's a lot of. 00:11:09
Probably better options out there that aren't going to cause as much damage. 00:11:11
Condition, that's what yes, I was gonna say we'll just put we'll. 00:11:16
Again, I just, I'm doing some quick math today and I think there are some better options that we can probably look at. We'll just. 00:11:19
We'll just probably make that to be staff approval. 00:11:25
Probably make sense there. 00:11:28
Yeah. 00:11:30
Yeah, that's usually pretty painless. OK. OK, so I guess maybe I can get in contact with you and, you know, yeah, we can chat. OK. 00:11:31
Sounds good. Yeah, so and I have looked at the plan and kind of I think I had too many trees in the back. 00:11:38
Maybe one too many and I could probably. 00:11:43
Make them smaller. Make smaller trees and. 00:11:45
We can get that. 00:11:48
Better, yeah. 00:11:49
OK. Any other questions? 00:11:49
Alright, thanks guys. We'll let you come back up after any comments. Alright, thank you. 00:11:52
At this time. 00:11:57
We like to open up for anybody like to speak in favor of this. 00:11:59
Project. 00:12:03
Come forward, please state your name. 00:12:03
Address for the record. 00:12:06
Looks like nobody's coming forward at this time. Anybody by in opposition? 00:12:10
Please come forward. 00:12:14
10 minutes. 00:12:15
Alrighty, that closes both of those, obviously. 00:12:17
There's no comments. You still have the right to come back up the. 00:12:21
Waive that right to come back up. 00:12:25
No comments. 00:12:27
Let it be known they wave that. 00:12:28
That portion of the of the meeting. 00:12:29
At this time I'm looking for a ballot. 00:12:32
I have a ballot. 00:12:35
The name of the development is Bigby Coffee Dockets. 00:12:41
FC 02/26/12. 00:12:46
The owner is TTC. 00:12:50
J Properties. 00:12:53
LLC. 00:12:55
We reviewed that. 00:12:58
On 3/19/26. 00:13:00
The findings are that. 00:13:02
Petitioner has not met all the developmental standards for the district. 00:13:04
A waiver of the development standard is required. 00:13:09
If required, a waiver of the development standard is granted because a waiver is consistent with the spirit and the intent of the 00:13:13
Comprehensive Plan. 00:13:17
The waiver of the transparency requirements supports the development of the commercial growth area while ensuring the flexibility 00:13:23
for high quality design. 00:13:27
The waiver of the size of the requirement is consistent with supporting the entrepreneurship. 00:13:32
As it retains its supply of small-scale commercial buildings. 00:13:37
The comprehensive plan encourages working with other infrastructure providers. 00:13:41
Such as in dot and Floyd County to provide safe pedestrian crossing. 00:13:46
Which would be necessary for that location. 00:13:50
A waiver is consistent with the intent of the district because the variances are modifying the Dist. 00:13:53
The design elements to fit the unique circumstances of the pro. 00:13:59
Properties close proximity to the intersection. 00:14:04
Old Vincennes Rd. 00:14:07
Delphi Rd. Highlander Point Drive and US150. 00:14:09
The proposed development. 00:14:13
Is consistent with the comprehensive plan because the site is located within the Highlander Point commercial corridor. 00:14:15
IE at places. 00:14:23
It places to Foster and facilitate. 00:14:24
Entrepreneurial opportunities in the objectives and policies. 00:14:27
Small commercial buildings cater to small entrepreneurial efforts. 00:14:31
And increases the limited stock of small space available in the community. 00:14:36
#4. 00:14:41
The proposed development plan is consistent with the intent of the district. 00:14:42
Is set forth in the Floyd County zoning ordinance because as a part of the Highlander point. 00:14:47
Overlay district the site. 00:14:53
Sits in an intended premier commercial and office location. 00:14:55
#5 The proposed development plan does satisfy. 00:15:00
The following development requirements. 00:15:05
It does satisfy the signage designed to create unified consistent sign package. 00:15:09
It does. 00:15:15
Does approve the design and location of the street access points to minimize congestion? 00:15:17
The entrances, streets and internal traffic facilities are compatible with existing planned streets and adjacent developments. 00:15:25
And the design and layout of the development has a clear circulation pattern. 00:15:32
That is sensitive to the topography and other natural features. 00:15:37
Skipping down. 00:15:43
Did not apply to E but F. 00:15:45
The lighting is designed to create unified and consistent lighting package for the development. 00:15:48
Ng lighting in parking areas does not exceed 20. 00:15:53
Feet in height. 00:15:57
6 The proposed development is not in a residential urban. 00:15:59
The proposed development is not multi family development. 00:16:03
And if the proposed development is located in a residential urban. 00:16:07
District of a multi family development is proposed. A development plan does satisfy the requirements for recreational space and 00:16:11
open space. 00:16:15
The proposed development is located in Highlander Point District. 00:16:21
Or the Edwardsville Gateway District. 00:16:25
And if the proposed development is located in the Highlander Point Gateway District or the Edwardsville? 00:16:28
District. The following requirements have been met. 00:16:34
The building. 00:16:37
That face any adjustments? 00:16:40
The adjacent St. have. 00:16:42
The finished. 00:16:45
Facade. 00:16:47
And. 00:16:48
B&C don't apply. 00:16:51
D Open space requirements of section 94. 00:16:53
We've had some late. 00:16:59
Yes, I'm B. 00:17:00
We had some late changes on trash collection bins. 00:17:02
So make sure they're not placed on or along the. 00:17:06
Facade The face is any adjacent St. 00:17:09
Thank you. 00:17:13
So if I'm careful, review Floyd County Commission hereby approves. 00:17:15
Petitioners development plan. 00:17:19
Review application at the meeting held on 13th day of April. 00:17:21
2026 need to add that condition. 00:17:25
What about trees? 00:17:29
Alright, we we, we have. 00:17:33
A ballot. 00:17:35
Looking for a second. 00:17:36
I will second it. 00:17:38
All right. Any discussion? 00:17:39
The condition of the plants is where this needs to go in at. 00:17:42
So that they just talk to me and I'm happy to work with them on a. 00:17:45
More efficient landscape plan, OK. 00:17:48
Tell us how you need that written up, please. How you doing? Landscaping as approved by staff. That's what I Yeah. And the staff 00:17:52
landscaping thing was approved by staff. 00:17:56
Yeah, yeah, Yeah. You guys are working. Yeah, well. 00:17:59
We're gonna give him time to add that to the ballot. 00:18:04
We'll read the condition and then. 00:18:07
I'll need a second on the condition. 00:18:11
Azeroth. 00:18:14
OK, I added on. 00:18:22
7. 00:18:27
E Landscaping as approved by staff. 00:18:28
That's my ballot. 00:18:32
All right, so we got ballot visit. We need a second as amended. 00:18:34
Any other discussion? 00:18:38
All in favor. OK, OK. 00:18:40
The staff had three recommendations. 00:18:43
The last one talked about sections 5.5155. 00:18:46
.52 Have all those been met? 00:18:50
With the plans that we have, or does that need to be a? 00:18:53
I apologize because I didn't add clarifying language in that that those are the sidewalk recommendations for the sections that. 00:18:59
Require sidewalks that has been met. 00:19:04
OK, it's OK. 00:19:08
All right, so we're good with as read. 00:19:09
And second it as read. 00:19:12
All in favor signify by. 00:19:15
Aye, those opposed likewise. 00:19:18
All right. Thank you very much. 00:19:20
All righty. 00:19:22
Next is and ask the applicant. 00:19:24
Yes, it's OK to put. 00:19:27
Agenda item two and three together if you come forward and. 00:19:30
State your name. 00:19:33
And your address and tell us if you're OK. 00:19:35
Sir Brad Benson, attorney on behalf of Spring Hill Holdings, located at 720 Rolling Creek Dr. Ste. 106 in Walton, IN. 00:19:37
And yes, we have no objection to reading them both together. OK, thank you very much. 00:19:45
All righty, at this time we're going to. 00:19:49
And Frank, I want to make sure that. 00:19:54
The. 00:19:56
FC-03-26 this says 15. That's supposed to be 16. Is that correct? 00:19:57
That's correct. 00:20:03
OK. All right. So agenda item number 2 is Docket FC-03-206-16. 00:20:05
Modification. Modification of subdivision standards. 00:20:15
Applicant is requesting A modification for the Subdivision Control Ordinance requirement for a maximum 10% grade for public 00:20:18
roadways. 00:20:21
Previous approval. 00:20:25
From 2021 has expired. The full subdivision proposal is covered. 00:20:26
Under agenda Agenda item. 00:20:31
#3. 00:20:33
Applicant Spring Hill Holding, LLC. 00:20:34
Site 78. 00:20:37
12 Excuse Me 2778 W Luther Rd. Floyd Knobs. 00:20:39
Indiana 47119. 00:20:44
It's yours. 00:20:47
Let me read 3 OK? 00:20:49
I'll go ahead and read agenda item number 3. 00:20:51
Docket FC-03 Dash. 00:20:54
26-17. 00:20:57
Primary approval for a major subdivision. 00:20:59
Applicant is seeking. 00:21:02
Primary approval for a subdivision to be known as Spring Hill. 00:21:03
The proposal. 00:21:06
Preliminary, not primary. Oh, I'm sorry. 00:21:08
Let me applicant is seeking. 00:21:11
Primary. 00:21:14
Primary approval for a subdivision to be known as Spring Hill. 00:21:16
The the proposal will. 00:21:19
Consolidate 2 parcels totaling. 00:21:20
46 point. 00:21:23
317 acres into 72 lots. 00:21:25
With three commonaries and a gross density of 1.64. 00:21:28
Previous approval from 2021 has expired. 00:21:32
Applicants Spring Hill Holdings LLC Site. 00:21:35
2778 W Luther Rd. Floyd Knobs. 00:21:39
47119. 00:21:43
Now take it, Frank. 00:21:45
Alright. 00:21:48
Docket number FC 3/26/16. 00:21:50
Petitioners Spring Hill Holdings, LLC, represented by Jason Copperway. 00:21:53
President location, 2777 N Luther Rd. Floyds and Hobbs, consisting of two different parcels. 00:21:57
Requests for a modification of subdivision control ordinance requirements for major subdivision for Spring Hill. 00:22:05
Zoning district is residential suburban. 00:22:11
Article 4, Section 3. Item R requires a maximum grade of 10%. 00:22:14
For subdivision streets. 00:22:19
Applicant is requesting a modification of the subdivision control ordinances to allow an excess of the 10% grade requirement. 00:22:20
For subdivision streets and is proposing a 14% grade for one St. of the Spring Hill development being heard next. 00:22:26
The modification was previously approved in 2021, allowing a 14% grade, but that approval has since expired. 00:22:33
A hill sits on the northern portion of the property and we would need to be heavily graded to meet the 10% slope requirement. 00:22:40
Thelma Way is proposed along this hill and would connect to seven lots #26 through 32. 00:22:47
Sitting on that hill. 00:22:53
The proposal has obtained the necessary willingness to serve letters from the local public services and has received a letter of 00:22:54
intent from the Floyd County Fire Territory. 00:22:58
For the staff review. 00:23:03
The modification will not be detrimental to the public's health, safety or general welfare. 00:23:04
The modification will not have a significant impact to the health, safety or general welfare of the public. The Fire Territory has 00:23:08
expressed an intent to serve. 00:23:11
The modification will not adversely affect adjacent property. 00:23:15
The grade of this roadway is used solely for access to these settlements. 00:23:19
The modification is justified because of exceptional topography or other physical conditions unique to the property involved and 00:23:22
is not to correct. 00:23:26
Mere inconvenience or financial disadvantage? 00:23:29
The modification is justified by the unique conditions of a large hill present on the site. 00:23:32
And to otherwise develop this location would drastically change the shape of the terrain. 00:23:36
For, the conditions upon which the modification request is based are unique to the property. 00:23:41
For which the relief is sought and not applicable generally to other property. 00:23:46
This property has a large hill present that adds to the scenery of the site. 00:23:50
#5 The modification is consistent with the intent and purpose of this ordinance and the Comprehensive plan. 00:23:53
The comprehensive plan encourages preserving natural and rural characteristics in the community. 00:23:59
This modification allows the subdivision to retain a unique feature that would otherwise have to be removed for development to 00:24:04
occur. 00:24:07
Number six. 00:24:11
The condition necessary. 00:24:12
Necessitating the modification was not created by the owner or the applicant. 00:24:13
This hills re existing. 00:24:17
#7 The relief sought will not in any way vary the provisions of the zoning ordinance. 00:24:19
The approval is consistent with the provisions and the zoning. 00:24:23
For staff recommendations. 00:24:26
Whereas the fire department has submitted an intent to serve letter, the street is to connect to seven locks rather than be used 00:24:27
as a throughway. 00:24:30
And this will not negatively impact the surrounding properties staff has no. 00:24:34
Recommended conditions for approval of this. 00:24:37
Modification. 00:24:39
Docket FC 3/26/17. 00:24:45
Petitioner Spring Hill Holdings, LLC, represented by Jason Copper Weight and Brad Benson. 00:24:48
Location, 2777 N Luther Rd. Floyd's Knobs along two different parcels. 00:24:52
Request for a major subdivision. 00:24:58
Primary approval for a major subdivision on Spring Hill. 00:25:00
Zoning district is residential suburban. 00:25:04
The petitioner is seeking preliminary approval. 00:25:09
Of a subdivision to be known as Spring Hill. 00:25:11
The proposal will consolidate 2 parcels totaling 46.317 acres and is 71 lots with three common areas and a gross density of 1.64. 00:25:13
Internal roadway acreage not excluded. 00:25:22
The common areas contain a total of 3.469 acres and are primarily located near the entrance and in the back of the property over a 00:25:25
Creek. 00:25:28
The property is located within the northeastern portion of the residential growth area of the Georgetown Township and falling 00:25:33
partially within the Highlander Point Overlay District. 00:25:37
To the east, within the Lafayette Township, the land is designated as a residential and commercial growth area. 00:25:42
This land is designated as growth areas due to their proximity to utilities, Hwy. 64 and existing amenities. 00:25:47
Since shops, schools and other institutions. 00:25:53
With an intent to focus development here rather than areas that the plant has designated as transitional or agricultural areas. 00:25:56
This site is accessed through. 00:26:03
Sorry is accessed through a connection to North Luther Road to the West and a connection to the platted subdivisions of the 00:26:05
Highlands and villas of Floyd's Knobs. 00:26:09
Both of which connect to Ulvenson's road. 00:26:13
Where the Highlands has a fully signalized intersection. 00:26:15
All Vincents connects to Hwy. 150 roughly 1000 feet from this intersection and is then a short distance from Hwy. 164. 00:26:19
The proposal has obtained the necessary willingness to serve letters from the local public services and was included with the 00:26:27
regional traffic study that the county did. 00:26:30
Adjoining properties to the northwest, W South and southeast are the Prifoguel, Loftus, and Fincher's Farms, all zoned residential 00:26:35
suburban. 00:26:38
To the east are two platted subdivisions, zoned urban residential. 00:26:43
The Highlands and the villas of Floyd's Knobs. 00:26:47
To the north is wooded land, zoned residential suburban. 00:26:49
A plat review was held on April 1st and while not required, a neighborhood meeting with staff. 00:26:52
And the applicant present occurred March 26. 00:26:57
For staff review, the petitioner has provided a. 00:27:03
Sorry, the petitioner has. 00:27:07
Provided A compliant preliminary plan for the project, including a preliminary plat. 00:27:09
The petitioner has provided certification that all drainage and environmental requirements will be complied with and that there 00:27:14
are no known outstanding issues concerning item. 00:27:18
This is page 15 of the application that was submitted. 00:27:22
Minor areas of the property exceed a 20% ground slope, are located within a floodplain, or are designated as wetlands. 00:27:25
However, given that no homes will be built in these areas. 00:27:31
The site will be serviced by sewers and no ground disturbing activities will occur in those areas. 00:27:34
A geotechnical report would not be required. 00:27:39
A letter from IDEM indicating that no permit was required from IDEM for the wetlands present. 00:27:41
A phase one environmental study is not required. 00:27:47
A regional traffic study was completed by the county and the traffic light installation along Old Vincennes has been installed at 00:27:49
this time. 00:27:52
Accepting cul-de-sac lots. 00:27:56
Locksmith the size and frontage standards of the Floyd County zoning ordinance for the residential suburban. 00:27:58
District and are laid out along subdivision streets compliant with. 00:28:02
Subdivision control standards. 00:28:06
Springhill Drive, Merrill Drive, Guy Drive and Thumbnaway are provided as subdivision streets, which connect to North Luther Road 00:28:09
to the West and Old Benson Rd. via the Highlands Plighted Subdivision to the east. 00:28:14
Sidewalks are provided. 00:28:19
Drainage plans were approved in 2023 with Floyd Sorry with FC2308148 by the Stormwater director. 00:28:21
The petitioner has provided willingness to serve letters from AT&T, Spectrum, Edwardsville Water Authority, Harrison RMC and Floyd 00:28:28
County Fire Authority. 00:28:32
Wastewater will be provided by New Albany Wastewater. 00:28:36
This subdivision received primary approval in 2021. 00:28:41
And has been altered for this submission. 00:28:44
Lots around Common Area B have been shortened to dedicate more room for the pond. 00:28:46
That will also serve as a detention basin. 00:28:51
Additionally, there's a reduction from 76 single family lots to 71 single family. 00:28:53
Lots the conditions from that original approval. 00:28:57
Conditions for the initial submittal of the primary application. 00:29:02
One, a maximum grade of 14% is approved for the street leading to lots 2733, approximately 400 feet, known as Thelma Lane, per FC 00:29:06
6/21/16. 00:29:10
This was met with the current proposal. 00:29:15
Item 2. 00:29:18
Applicant to provide required agricultural buffer per subdivision control ordinance for Fintris, Pifoglo, and Church properties. 00:29:19
A 20 foot ag buffer is being provided along these properties and was shown in the plan. 00:29:25
Item 3 or condition 3. 00:29:30
Applicant to present drainage plan to Floyd County Stormwater Board for review and approval prior to secondary approval. Staff 00:29:32
recommends to. 00:29:36
The Floyd County Stormwater Board at least a minimum 10% increase in stormwater detention from ordinance standards and would 00:29:40
request considerations of 25% increase in detention. 00:29:44
Also request coordination with the Highlands on detention in South corner of the development. 00:29:48
Letter to be obtained from the Floyd County Stormwater Board regarding their actions on recommendations prior to secondary 00:29:53
approval. 00:29:56
The stormwater plan has already received. 00:29:59
Approval from the stormwater director. 00:30:01
Condition 4 applicants to meet with the County Engineer for recommendation. 00:30:04
Regarding sizing of culvert on Fincher's access ease easement. 00:30:07
Engineer to determine if an increase in size is required as part of overall drainage plan presented by developer. 00:30:10
If determination is made for increase in size, applicants pay for installation of the culvert for county engineers recommendations 00:30:17
prior to secondary approval. 00:30:20
The applicant reports that drainage calculations so the existing culvert as adequate. 00:30:24
Item 5. Applicant to meet with County Engineer regarding entrance location. Engineer to provide letter upon location 00:30:30
recommendation and site improvement prior to secondary approval. 00:30:34
This has been met and there's a letter in the docket. 00:30:39
Item or condition 6. 00:30:41
Applicant to identify access easement with Pinterest property and restrictions and provide language stating that. 00:30:42
Access amusement is for Fentress property, ingress and egress, HOA and utility access. 00:30:47
And that the access easement shall be a common area. 00:30:52
This is not been met. The easement is not shown as an access easement. 00:30:54
And I don't believe language is currently in the HOA covenants. 00:30:58
Applicant to meet with the County Extension agent on allowable types of trees for installation. 00:31:03
We have something where the applicant did meet with the county extension agent. 00:31:09
For staff recommendations where residents should be aware of the location of the venturous access easement where modification is 00:31:13
needed for the road grade on proposed Delmar Lane. 00:31:17
Where alterations have been made to the plan since the stormwater approval was given. 00:31:21
And where the comprehensive Plan encourages protecting the rural character of the community and where prior conditions are found 00:31:24
to be satisfied or not applicable. 00:31:28
Staff recommends the following conditions. 00:31:31
Show location of the Fentress easement on plat before final plat approval. 00:31:34
A maximum grade of 14% is approved for the street leading to lots 27 to 33, approximately 400 feet, known as Selma Lane, per FC 00:31:39
3/26/16. 00:31:43
Drainage, stormwater and erosion control plans must be updated and submitted to the Stormwater Department for review and approval 00:31:48
given by the. 00:31:51
Department prior to final. 00:31:54
By that department prior to final. 00:31:56
Plat approval. 00:31:57
And add to HOA covenants either a recommendation or requirement to utilize the most up-to-date. 00:31:59
Indiana Department of Natural Resources tree species list for any tree plantings. 00:32:03
That's all I have. 00:32:10
All right. Excuse me. 00:32:14
Any questions for? 00:32:16
Frank from the board. 00:32:17
Go ahead. I want to just clarify. 00:32:20
The. 00:32:24
Previous staff recommendations that you read. 00:32:26
Correct. 00:32:29
They most of these have already been met other than the ones. 00:32:31
You have now recommended. Is that correct? 00:32:35
Correct. OK. All right. 00:32:37
Thank you. 00:32:39
Yeah, I'm talking about what what I'm saying is, is. 00:32:43
The ones he just read from the previous. 00:32:45
Those have all been met. If they're not. 00:32:48
On his. 00:32:51
Recommendation now. 00:32:51
Yeah. 00:32:52
Or I did not find that they needed to be added. 00:32:53
Right, right. 00:32:55
Applicable. Any other questions for Frank anybody? 00:32:57
Alright, thanks for all right, the applicant can can now. 00:33:01
Come forward, please. 00:33:05
And once again, state your name and address for the record for us. 00:33:06
Thank you. 00:33:09
Excuse me, Brad Benson, Spring Hole, Spring Hill Holdings, 720 Rolling Creek Dr. Ste. 106, Norman, IN. 00:33:12
Stats does a great job going through everything. A couple things want to address really. 00:33:19
Very quickly it is 71 lots. 00:33:23
Those range from here under .3 acres all the way up to. 00:33:25
Roughly 2.8 acres, so we've got a wide variety of lots here. 00:33:29
The drainage and the change that we made on the pond was because when we got through it, we started looking at it and. 00:33:34
The ponds a beautiful feature that we wanted to keep. 00:33:39
So that's the change there that it. 00:33:42
Is honestly, it's going to hurt. 00:33:44
The development side as far as financial associate has nothing to do with money. It's solely for aesthetics. 00:33:45
And it'll capture more on the stormwater side, too. 00:33:50
So it's a, it's a double, double edged sword there for us. 00:33:53
The staff recommendations that they discussed we've got no problems with at all. 00:33:57
There was a number of things. 00:34:03
Well, I guess I should back up the staff recommendations for the. 00:34:04
Plat approval. 00:34:07
Which reference the access easement. 00:34:09
Agreed completely that excess season should have been included. 00:34:11
Jason added that. 00:34:14
To the plat and sent that to staff on Friday. I don't know if that made it to your own packet or not, but it has already been 00:34:16
added. 00:34:19
So we've got no condition to or no problem with that, keeping that as a condition. 00:34:22
As far as? 00:34:26
What was previously approved? 00:34:27
One of the conditions was that the access easement. 00:34:29
Be part of common area. 00:34:32
When we met with the neighbor in Mr. Fentress, I do not believe that that should be common area solely because his worry, one of 00:34:34
his worries is that. 00:34:38
People will access it and be I have. 00:34:42
Be able to get to that. 00:34:44
That part. 00:34:45
If it is common area. 00:34:46
By law, it'll be owned by the HOA and then every single member in that development. 00:34:48
Will have a right to. 00:34:52
Get on that property. We don't want that. 00:34:53
I agree with the condition and. 00:34:56
It's all staff we have no problem with including in our restrictions. 00:34:58
That the there is an access easement identifying. 00:35:01
That they cannot hinder or limit his use of it, as explained that Mister Fincher as well. 00:35:05
And then that one of his concerns was that there was vehicles. 00:35:11
Trucks, semis, I think Duke vehicles would come access that to get to their electric there. 00:35:15
So we have no problem with including that and our restrictions as well, just as a FYI to homeowners, right? 00:35:20
So that's the the couple things and the conditions. I just want to clarify that that. 00:35:26
We do not believe and it should not be a common area. 00:35:30
Because of those those justifications, those reasons why so? 00:35:33
All right. Any, any questions for Brad? 00:35:37
Umm, no I do not. 00:35:42
Jason, you gonna speak? 00:35:45
Obviously, you have answered questions, OK. 00:35:46
But I just want to be sure Frank, what he just. 00:35:48
Mentioned. 00:35:50
As far as even have a problem with it. 00:35:51
Is it? 00:35:53
On your recommendations, what he just. 00:35:54
It is it per what he just said. 00:35:56
I just want to make sure we've captured. 00:35:59
That's correct. I did not include a recommendation for this to be as a common area for. 00:36:01
Pretty much the reason he gave. 00:36:06
OK, but you're agreeing what he said and it matches your recommendation? 00:36:08
Yes, OK. 00:36:11
Alright, thank you. 00:36:12
Have a question? All right, Frank's got a question. 00:36:14
Umm, high view circle? 00:36:18
Is that going into another subdivision on the other side? 00:36:21
Next into the Highlands. 00:36:25
OK. 00:36:26
OK, All right. I think that. 00:36:32
I think we're OK. Listen, any other questions? 00:36:34
I think we're under 10 minutes, right or whatever here. 00:36:37
Yeah, I'm just curious what, what are the home prices when you start? 00:36:40
I'm just curious. 00:36:44
What are the home prices? 00:36:46
I'd be lying if I gave you a number. 00:36:48
But it's relatively speculative, but I mean, we, we anticipate this development being one of the nicer ones in the area we've 00:36:50
given the location. 00:36:54
The layout, the size of the lots. 00:36:59
If I had to throw a number at it a year north of 400. 00:37:02
I don't see it. I don't I highly, highly doubt it be underneath that and it's probably higher above that. So. 00:37:06
ASBS to be the building. 00:37:13
ASB and Shuler homes at this time I don't want to include that directly. Never know what happened though. Yes Sir. 00:37:15
It sounds like a political answer. 00:37:20
Channel 4, all right. 00:37:25
No other questions. 00:37:28
Alright, thanks guys. We'll give you time to come back up if anything, they said. 00:37:29
OK. At this time, we'll open up the portion. 00:37:33
Anybody wants to speak in favor of this project? 00:37:35
You have 10 minutes. Please come forward. 00:37:38
And this is in favor only please. 00:37:43
State your name and address for the record, Sir. 00:37:47
My name is Bill Amerson. 00:37:50
339 Tuscany Dr. Floyds Knobs IN 47119. 00:37:52
I probably have more questions that I have. 00:38:01
Positive comments. 00:38:03
But I'm speaking for it I. 00:38:05
What I know about ASB and Schuler they. 00:38:08
Build quality homes. 00:38:11
And. 00:38:12
That's what we're looking, that's what I'm looking for. That's. 00:38:14
Adjacent to the villas of Floyd's Knobs. 00:38:18
Don't know all that, I'll talk to him later, get some more answers. 00:38:23
But. 00:38:27
Pleased with the estimated price of the homes. 00:38:29
I figured they would be north of 400 because some of the lots are pretty large and. 00:38:32
Figure you're not gonna. 00:38:37
But an inexplicit house on. 00:38:38
On a large lot. 00:38:43
So. 00:38:44
Trees. I've got a question about the trees. I hope that. 00:38:47
Whatever trees are planted wouldn't be any of the Bradford pear, Calgary pear. 00:38:51
I would hope the county has not taken any action on that or not, but we need to take action on that if. 00:38:56
There's not. 00:39:01
So anyway. 00:39:02
But I support the project. 00:39:05
Thanks, Bill. 00:39:07
All right. 00:39:08
Thank you, Bill. 00:39:11
Anybody else in favor Prince? 00:39:13
All right, at this time we'll close that portion and we'll open up anybody who wants to speak in opposition. 00:39:17
And once again, total time would be 10 minutes. Thank you. 00:39:22
Tim Fentress. 00:39:30
Property owner, 2740 N Luther Rd. 00:39:31
I am asking the board if I could have a few extra minutes. 00:39:36
Sometimes I get slow in my talk. I get tongue tied. 00:39:40
I'm sorry for that, but. 00:39:44
I have some important things here that I need to cover. 00:39:46
I'll try to be as brief as possible. Could I have a few extra minutes? 00:39:48
Go ahead, We'll see what happens. I appreciate it so much. Thank you so much. 00:39:52
I have spent more time on this. 00:39:56
Property in this farm that anybody on this planet. 00:39:58
Worked hard on it all my life. 00:40:02
I'm wondering about the hill in the grade. I hadn't been thinking about that lately. 00:40:04
But. 00:40:08
We like them. Paris is out on that hill. 00:40:10
60 years ago. 00:40:13
And they work. 00:40:15
The grade of that hill I'm concerned about. I don't know how much you're going to cut it down. 00:40:17
To get up there but. 00:40:21
There is something that nearly needs to be looked at. 00:40:22
Now 3 years ago we was here. 00:40:26
County Engineer. 00:40:29
You said that. 00:40:31
The. 00:40:33
That my son's on the driveway. 00:40:35
That call has been. 00:40:39
Ever since we put it there, it was supposed to be an upgraded for years. 00:40:42
And it was not. 00:40:46
And since. 00:40:47
Last three years. 00:40:48
How many developments have been approved? 00:40:49
In the Hollander Point. 00:40:52
Down through the Highlands. I will say this, you stood on top of the Highlands and put good. 00:40:54
Controller. 00:40:59
On that. 00:41:00
But we're sitting here, wait, holding our breath, The only persons. 00:41:02
Then it affects if my son. 00:41:06
And I'm speaking for my son. 00:41:08
My granddaughter who lives back there, they're the only ones living on the whole farm right now. 00:41:11
We lost that driveway three times in the 80s and 90s. 00:41:15
I called years ago. 00:41:19
For a precast. 00:41:22
Bridge there. 00:41:23
To take care of the problem. 00:41:25
With all the increase in flow. 00:41:27
All the drainage plants from up. 00:41:29
It's a Honda Point. 00:41:31
Point. 00:41:33
And empty into that spot right there through our 4 foot tile under that driveway. 00:41:34
Now I realize the driveway belongs to the developer. 00:41:39
But I want some guarantees there. 00:41:43
That. 00:41:46
This the county engineer, he's going to fill a report, right? 00:41:47
He hasn't done it. I spoke to him Thursday. 00:41:51
After three years, I don't know why it hasn't been done. 00:41:54
But. 00:41:57
My sons, both my sons own the property in the back we want to see. 00:41:58
A bigger right there, uh, tile. 00:42:04
Pre cash bridge would be perfect. 00:42:06
Uh, you got them all over the county, the one. 00:42:09
It's got my attention is that. 00:42:11
Right there on 150 at Buck Creek Rd. 00:42:14
I've measured it. 00:42:16
It looks. 00:42:18
Like it should be the right one there. 00:42:19
Now. 00:42:22
The driveway. 00:42:23
I built that driveway. I paid for it. 00:42:24
I spent a lot of money on that driveway through the years. The lower end of it there at Luther Rd. you see, is in the floods 00:42:28
wrench. 00:42:31
And it will get underwater in A5. 00:42:35
And. 00:42:39
I have a real problem also with that turning lane. 00:42:41
That turning lane should have been taken care of years ago. It was originally set up. 00:42:44
With a 30 foot driveway. 00:42:48
To be an entrance. 00:42:49
Into the development my dad did that and when he did it he also put the property line on the South side of the driveway, which has 00:42:51
caused trouble. 00:42:56
You just don't do things like that. 00:43:02
Now I need to ask. 00:43:04
About the This will be a homeowners. 00:43:06
Association in this development, correct? 00:43:10
I mean that it. 00:43:13
The question is. 00:43:15
A homeowners association will control. 00:43:16
That now being as the property lines go across the driveway. 00:43:20
Will that driveway itself become? 00:43:25
Part of. 00:43:28
The homeowners association. 00:43:29
And will they have a say? 00:43:31
But I think. 00:43:33
He just answered that. 00:43:35
That. 00:43:36
They. 00:43:39
Will not. 00:43:40
The can impede what we use that driveway for. 00:43:41
Me, my sons. 00:43:45
The agricultural we use. 00:43:46
All the big trucks. I have a Duke Energy. 00:43:48
Agreement there for them to get their trucks in down on the Little Indian Creek. 00:43:51
Big equipment. 00:43:55
Everything else. 00:43:56
There's that's one of my concerns right there. 00:43:58
Now. 00:44:00
In the first. 00:44:01
Three years ago. 00:44:02
Under the. 00:44:04
It was listed as farming. 00:44:07
Activities. 00:44:09
My acceptance of a deed. Another transfer instrument each each lot owner. 00:44:12
In there is advised that this development is in an agricultural residential zone. 00:44:17
Which permits certain agricultural uses. 00:44:22
Each lot owner by acceptance of a deed. 00:44:24
Our other transfer instrument. 00:44:27
Waves his or her right. 00:44:29
To cause any problem. 00:44:31
To me. 00:44:33
And my son's in our agricultural operations. 00:44:35
My son's raised a. 00:44:38
Livestock or. 00:44:39
Go back to raging livestock over on the other side. 00:44:40
And. 00:44:43
What comes into play there with that? 00:44:44
Is the agricultural buffer. 00:44:47
Now I. 00:44:49
I don't ask much from Floyd County at all, but I'm asking now. 00:44:52
I want this. 00:44:56
They say it's not in here, but I want it. 00:44:59
And the file. 00:45:02
Approval. 00:45:04
Says farming activities. 00:45:05
This section right here. 00:45:08
I want that. 00:45:10
And so I don't have any problems whatsoever. 00:45:12
Now I'm understanding. 00:45:16
That this area on that driveway is listed as it will not be a common area. 00:45:18
And that's what I've also wanted to ask for and they've done answered that. 00:45:24
But. 00:45:29
I I have two entrances into the field up there. 00:45:32
To my field off the driveway. 00:45:37
That's for the big equipment. 00:45:39
And. 00:45:41
I want to ask that. 00:45:43
The buffer area Mr. Prop Ogles over on the north. 00:45:46
Side and mine along. 00:45:50
The road. 00:45:54
I want them to be. 00:45:55
Different than I believe what they called for. 00:45:58
I want Cedars. 00:46:01
Cedar's work. 00:46:04
Cedar seedlings. 00:46:05
I planted it myself. 00:46:07
The man down on Duffy Rd. has just planted. 00:46:09
I don't know how many thousand down there. 00:46:11
And they work. 00:46:13
I want cedar seedlings. 00:46:15
On that buffer. 00:46:17
It will create a wall very quickly. 00:46:19
And alleviate any problems with drift. 00:46:21
Fertilizer. Uh, lime. Specially lime dust. 00:46:25
Going up that hill. 00:46:28
This this development. 00:46:30
Is in a situation. 00:46:33
Like I've never seen in Floyd County. I believe that all of you will agree with that. 00:46:35
It's the residential subdivision. 00:46:39
Heavy, uh. 00:46:41
Homes. Big homes. 00:46:44
Coming right down. 00:46:46
To the floodplain. 00:46:48
Right down onto the driveway. 00:46:50
And then extending across to my line. 00:46:52
On the South side. 00:46:55
I want it recognized that. 00:46:57
Then it's an agricultural area. 00:47:00
To also Mr. Loftus's and. 00:47:02
Mr. Bishops. 00:47:05
To the West. 00:47:06
To be included in that. 00:47:09
Under Farming activities. 00:47:11
That's the way it read three years ago. 00:47:13
And I want this to read the same way in this one. 00:47:16
I'm told that it's not in this one. 00:47:20
But. 00:47:23
I wanted to read it. 00:47:24
The same as it did three years ago in in that. 00:47:27
Agreement there. 00:47:31
I believe I've got everything there. 00:47:33
I am. 00:47:36
I need these things taken care of. 00:47:37
I hope you read my letter. 00:47:40
I'm sorry if I didn't write it right. 00:47:42
It's I have a hard time writing letters. 00:47:44
And like everybody else in public speaking. 00:47:47
But you can see my heart in it. 00:47:50
I've been there all my life. 00:47:52
To see this. 00:47:53
Who's your homestead disappear. 00:47:54
Is extremely hard on me. 00:47:57
I'm gonna say a personal thing here. 00:48:00
Years ago. 00:48:02
I asked about. 00:48:04
People got ahead on me. 00:48:07
I was an first. 00:48:09
You always ask your children. 00:48:11
First, no matter what. 00:48:13
Unless it's a bad situation. 00:48:14
I wasn't asked. People got ahead of me, people got upset with me because I even spoke up. 00:48:17
I never, ever want to see that again in Floyd County. 00:48:23
It's been tough on me here to. 00:48:27
Stand here and speak like this. I usually don't. 00:48:30
Do this but these things that I have mentioned. 00:48:34
Let me look real quick here. 00:48:39
We do want that pile taken care of. 00:48:45
A free cash bridge would do it. 00:48:47
My son's. 00:48:50
Property over on the other side. 00:48:51
It's a 20 foot. 00:48:54
Buffer correct? 00:48:55
20 foot buffer. 00:48:57
All the way the length of the farm, the width of the farm. 00:48:59
From the church property. 00:49:02
Download My Sons. 00:49:04
20 feet and all the way back. 00:49:06
To Luther Row. 00:49:10
I want to see that. 00:49:11
It's important. 00:49:13
I have friends that farm over in Illinois. 00:49:14
And they are in the middle of things like this. 00:49:17
Really deep. They farm 6000 acres over there and they have 3. 00:49:20
Lawsuits. 00:49:23
From. 00:49:25
Homeowners association on them. 00:49:27
I just want to make sure that that is in there. 00:49:30
And that the homeowners association rules and laws. 00:49:33
On that driveway. 00:49:37
He is not detrimental to me and my sons. I I wrote that down. 00:49:39
And we've got. 00:49:45
That's fine, but we're out of time. You. You. 00:49:48
You took the whole time, the 10 minutes, but I'm going to open up for somebody else to speak, OK? 00:49:50
Thank you, Mr. Filters. 00:49:54
I appreciate that. 00:49:56
Thank you. 00:49:57
All right. 00:49:59
Anybody else like to speak in opposition? 00:50:01
Open up the floor again for some more time. 00:50:04
All righty, looks pretty good at this time. We asked the applicant to come back and. 00:50:10
Try to respond to the request. 00:50:15
Are the issues. 00:50:18
I'm I'm. I'm going to write down what I. 00:50:21
I'm going to read what I wrote down and see if it matches what you wrote down. 00:50:23
He he mentioned grade. 00:50:28
He mentioned tile under drive his sons. 00:50:30
Uh, and ask for a bridge. A precast bridge, possibly. 00:50:34
Driveway he built. 00:50:38
It goes underwater. Something about a turning lane. 00:50:39
HOA. This is under an. 00:50:44
It's question propulsion access. 00:50:46
Across Drive. 00:50:50
Homeowners association question. 00:50:52
AG buffer. 00:50:56
Question. 00:50:58
Second entrance for big equipment. 00:51:00
And you'd like to have buffers. He would like to have cedar trees. 00:51:03
And I didn't catch last with. 00:51:06
The Loftus in some other farmer. 00:51:08
But I missed that which that was adjacent farms, Yeah, that he was referring. OK, so that's what I wrote down. 00:51:10
Help us out here. 00:51:15
Yeah, on so on the hill in the grading. 00:51:16
You know. 00:51:19
When they graded it and. 00:51:21
Apparently he installed terraces on the on the site which which do work, but as part of our work we're putting in curbs. 00:51:23
Gutters. 00:51:30
Storm sewers. 00:51:31
Conveying that water. 00:51:32
Subsurface to detention basins. 00:51:33
So I think our work. 00:51:36
And when it's finished, we'll accomplish the same thing that the terraces are accomplishing. 00:51:38
On the tile. 00:51:43
So every project that we do Floyd County stormwater requires us to look at all the downstream tiles. 00:51:44
And make sure that they're adequate. 00:51:50
In our initial review, our first review which was approved. 00:51:52
We looked at that tile and it was adequate for the drainage that's that's going there. 00:51:56
They're going to review the storm water again per the conditions. We'll check it again, but. 00:52:00
I'm sure that it will be the same. 00:52:05
But we will definitely look at it again. I don't know that the county engineer approved it separately from stormwater last time. 00:52:08
But Stormwater did approve that as part of our calculation. 00:52:13
The the what? What Mr. Finters talks about the turning lane. 00:52:18
There's a little sliver of. 00:52:22
Of property that. 00:52:23
Goes S that was included in this piece. 00:52:25
We're showing most of that being dedicated as right of way. 00:52:27
There is a little 10 foot sliver that right now we're showing is a lot but. 00:52:30
I know the developer was going to was going to look at that in the future and see. 00:52:34
What could be done about that? 00:52:37
There is an HOA required. 00:52:40
That Mister Fentress has an easement that cannot block the driveway. 00:52:42
We are also going to use that driveway we have to install a lift station for. 00:52:46
Super service, we're going to use that driveway to access that lift station as well. 00:52:50
But. 00:52:54
And that's what Mr. Benson was talking about earlier. 00:52:55
The previous approval condition was to dedicate that as common area. 00:52:58
That creates a whole another set of issues for Mr. Fentress. 00:53:02
So we are proposing that the lots would own. 00:53:05
The land under the easement. 00:53:08
But the easement stays in place. 00:53:10
No one can take that away from Mr. Fentress unless he agrees to that. 00:53:11
That will be planted, it's of record now. It will be planted and carried forward. 00:53:16
I'm gonna I'm gonna skip to the ag buffer. 00:53:23
So your AG buffer. 00:53:25
It's a negative planting. 00:53:26
Buffer. It requires no toxic type plants to be planted. 00:53:29
To protect humans and livestocks from eating them. 00:53:33
And and being killed. There is no requirement for any plantings. 00:53:35
Under your AG buffer. 00:53:39
Requirements. 00:53:41
And then I think. 00:53:43
I don't know for sure what document I'm assuming he was talking about. 00:53:45
What I call probably the last person in the world. 00:53:48
What I call a Roscoe Emily Claus. 00:53:51
Which is notifying the anyone that buys a lot in there. 00:53:53
That they're in an agricultural area and there might be. 00:53:56
Noxious activities that happen, smells and whatever. 00:53:59
I we haven't talked about that. 00:54:02
It's probably not in the current covenant. It's it's not in the current covenants. And I can say if that's something that this 00:54:05
commission's really. 00:54:08
Gonna hang their hat on the. 00:54:12
We have no problem. 00:54:13
Putting that in there, well, I I don't see any problem with it myself that that way at least the the the homeowner acknowledges 00:54:15
it. 00:54:18
It's not going to guarantee somebody is not going to complain, but it still helps you somewhat, yeah. 00:54:23
While we're on the restrictions, we've got no problem with including that in there about the access easement. 00:54:28
That it cannot be affected limited and that. 00:54:32
I don't know how exactly we'll word it yet, but there's there will be people, you know. 00:54:37
Vehicles that will be on that vehicle on that road there, we'll make sure we include that in there. 00:54:41
And an HOA is required by your ordinance. 00:54:46
Right. 00:54:48
And then as. 00:54:50
Brad mentioned. 00:54:52
Language can be added in there about not blocking these. 00:54:53
OK. And and that's already as part of the D that created that easement. 00:54:56
You can't eliminate that, so that language is already there legally. 00:55:00
OK, he cannot give. 00:55:04
Additional approval. 00:55:06
For other people. 00:55:08
Access that though. 00:55:09
Correct. So nobody can, we cannot limit the use of that easement and he cannot expand the use of that easement without our 00:55:10
approval. So it's. 00:55:14
We're in the same in the same system, right? 00:55:19
Nobody can make any changes without everybody. 00:55:21
Yes, Sir. 00:55:24
Now the the pipe that he's talking from the church to. 00:55:25
North Duffy Rd. That's a long time, long way. 00:55:28
Yeah, that's that was an well. 00:55:32
I thought I mentioned pipe now also. No no no. The only pipe you mentioned was going underneath the. 00:55:35
Undergoing our son's role. 00:55:41
We'll double check it again, right? 00:55:44
And that's where, of course, he wanted the. 00:55:46
The bridge. 00:55:48
Wait or yeah? 00:55:49
OK. 00:55:53
So I just want, I guess what I want to make sure of this is that that. 00:55:54
That we. 00:55:57
Address the conditions adequately. 00:55:59
And we don't have, we don't have to redo a whole lot of stuff here. 00:56:01
Well, I understand, I understand, but we don't necessarily want to. I understand, right? 00:56:05
Right. Well, that's not what I'm talking about, what you just agreed to. 00:56:11
To to change the, the as far as the language on the easement, yes, Sir, that's not a problem at all. And that I believe that was 00:56:15
part of the staff report, staff recommendation. So. 00:56:20
OK. 00:56:26
Any other questions for these general? 00:56:29
I think Mr. 00:56:31
There was an earlier question about landscaping. 00:56:32
The pear trees or whatever. 00:56:36
Hello. 00:56:38
I'll ask Miss Anderson this question. I think Brad prepares are illegal to sell in Indiana now, right? They are not illegal to 00:56:41
sell yet, but. 00:56:43
On all of our landscape plants, we have asked the landscapers put which trees they are not and Bradford parries on the list of. 00:56:46
They will not plant. 00:56:53
I have a personal amendment against Bradford Paris as well. I do too. 00:56:54
So is there? 00:57:03
Is there any? 00:57:04
Landscaping buffer between this subdivision and. 00:57:06
No, because they're both zoned the same. 00:57:10
Right. But I believe one of the conditions was. 00:57:13
That we follow the Indiana ID and our tree species list and. 00:57:16
That's no problem. We can do that absolutely 100% staff and I already discussed that. We've got no problem with that as the 00:57:20
worded. 00:57:23
On the recommendation. 00:57:26
OK. 00:57:28
Anything else? 00:57:29
Everybody cool. 00:57:34
All right. Thanks guys. Figure out all these. 00:57:36
All right, this time I'm looking for a ballot if anybody has one. I have a ballot for 16 and 17 but. 00:57:40
I'll read them and then we'll go go from there, do one at a time. 00:57:48
Yes, OK. I'm Chris Welch. 00:57:51
Docket number FC 0326. 00:57:55
16. 00:57:59
Petitioner named Spring Hills Holdings LLC. 00:58:00
Flight ordinance authority. Floyd County Subdivision control. 00:58:05
Ordinance Article 1. 00:58:09
10 the Floyd County. 00:58:11
Planning Commission. 00:58:13
May grant modifications. 00:58:14
To the required. 00:58:16
Requirements of all subdivision control ordinance. 00:58:18
Only if all of the following criteria met. 00:58:21
One, the modification will not be detrimental to the. 00:58:25
Public Health. 00:58:29
In safety or general welfare. 00:58:31
To the modification will not adversely. 00:58:33
Affect adjacent property. 00:58:36
3 The modification is justified. 00:58:38
Justified because it's exceptional topographical. 00:58:41
Or other physical conditions unique to the property. 00:58:45
Involved is not correct. 00:58:48
Near the inconvenience or financial disadvantage? 00:58:51
For the condition upon which this modification request is based. 00:58:56
Are unique for the property for which the relief is sought. 00:59:01
And not applicable generally to. 00:59:05
To other property. 00:59:07
This property has a large hill present that adds to the scenery of the site. 00:59:09
Five the Commission. 00:59:15
The modification is consistent. 00:59:17
With. 00:59:20
Incident, intent and purpose of the ordinance in the Comprehensive Plan. 00:59:21
The condition necessary 6. The condition necessary. 00:59:28
The modification was created by the owner or applicant. 00:59:32
The hill is. 00:59:35
Pre-existing. 00:59:37
7 The relief sought will not in any way vary. 00:59:39
The provision or zoning ordinance. 00:59:43
The approval is consistent. 00:59:46
With provisions in the zoning ordinance. 00:59:48
After careful review, the Planning Commission. 00:59:55
Finds that the variance. 00:59:59
Modification will not. 01:00:01
Be detrimental to the public health and safety of the general welfare. 01:00:03
The modification is justified because of an exceptional. 01:00:07
Topographical or other physical conditions unique to the property. 01:00:11
Involved. 01:00:16
And is not to correct mere inconveniences or financial disadvantage. 01:00:17
Not to have a significant impact to the health, safety or general welfare of the public. 01:00:23
The fire territory. 01:00:29
Has expressed it. 01:00:30
An intent to serve. 01:00:32
To the variance. 01:00:34
Modification will not. 01:00:36
Adversely. 01:00:38
Affect the adjacent property because the grade of the roadway is used solely for the access of the seven. 01:00:39
Lots. 01:00:46
3 The variance modification is justified because. 01:00:48
Of an exception. 01:00:53
Exceptional topographical. 01:00:54
Or other physical conditions. 01:00:57
Unique to the property involved. 01:01:00
And is not to correct the mere inconvenience of financial disadvantage because? 01:01:02
The modification is unique. 01:01:07
By the unique condition of a large hill present on the site. 01:01:09
And otherwise developed. 01:01:14
This location would. 01:01:16
Would drastically change the shape of the terrain. 01:01:17
For the condition upon. 01:01:21
This variance modification request is based. 01:01:24
Are unique to the property. 01:01:27
For which the relief. 01:01:31
Is sought in his. 01:01:33
Not applicable generally. 01:01:35
Two other properties because the property has a large hill present that adds to the scenery of the site. 01:01:38
The variance modification is consistent. 01:01:45
With the intent and purpose of the ordinance. 01:01:49
Of the comprehensive plan. 01:01:52
Because the comprehensive plan covered. 01:01:54
Preserving natural and rural characteristics in the community. 01:01:56
This modification allows a subdivision to retain a unique feature. 01:02:01
That would otherwise. 01:02:05
Have to be removed for development to occur. 01:02:07
6 The condition necessary. 01:02:11
Are the conditions necessitating the variance modification was not created by the owner? 01:02:15
Or the applet because the hill was. 01:02:22
Hill is pre-existing. 01:02:24
7. 01:02:26
The relief sought will not in any way vary. 01:02:28
The provisions of the zoning ordinance because of the approval. 01:02:32
Is is consistent? 01:02:36
With. 01:02:38
Provisions in the zoning ordinance. 01:02:39
The Floyd County Planning Commission hereby grants. 01:02:42
The petition. 01:02:45
Petitioners Subdivision control variance modifications. The meeting held on the 13th day. 01:02:47
Of April. 01:02:54
2026. 01:02:54
And we're going to have to add conditions. 01:02:58
No, no. 01:03:03
It's gonna be Hill. 01:03:07
OK. So the next one OK. 01:03:09
So no conditions. 01:03:11
On 16. 01:03:13
So that's all you're about. Does that complete your ballot? 01:03:17
All right. We have a completed ballot. I'm looking for a second. 01:03:19
Second, I do have a second any discussion? 01:03:22
No further discussion. All in favor signify by. 01:03:26
Aye, those opposed likewise. 01:03:29
Thank you. All right. 01:03:31
17. 01:03:34
I've got 17 also 17 also. 01:03:35
Ballot for primary approval of the sub of a major subdivision. 01:03:52
Ordinance Authority. 01:03:57
Statutory authority. IC367-4701. 01:03:59
Comma ETSEQ. 01:04:06
Period. The subdivision. Its name is Spring Hill Subdivision. Tape is major. 01:04:09
The docket number is FC. 01:04:13
03. 01:04:16
Dash 26. 01:04:17
Dash 17. 01:04:19
Applicants owners name. 01:04:21
Spring Hill Holdings. 01:04:23
LLC. 01:04:25
One the petitioner has met the following requirements. 01:04:27
A Preliminary plans provided. 01:04:32
The certificate certifications. 01:04:36
Certifications. 01:04:41
Demonstrating compliance with IDM Rule 5. 01:04:43
See Platt provided identifies all. 01:04:49
Pertinent information pursuant to the. 01:04:53
SCO in the Floyd County Planning Commission. 01:04:57
Our Planning and Zoning Commission rules and procedures. 01:05:00
D Geo Technical report provided. 01:05:05
It's not the traffic impact study. 01:05:08
Provided. 01:05:13
F Phase One Environmental Audit report. 01:05:15
Provided which is not applicable. 01:05:18
G site plan provides. 01:05:22
Provided that shows topographic. 01:05:24
Topographic. 01:05:27
Wetlands flood. 01:05:28
Hazard areas, steep slopes, those exceeding 16%. 01:05:30
In shows in soils shown. 01:05:34
On the soil. 01:05:38
Survey of the Floyd County of having severe limitations for Urban Development. 01:05:39
Age the lots. 01:05:46
One all lots either comply with. 01:05:48
The Floyd County zoning ordinance requirement or a subdivision. 01:05:52
Subdivision control. 01:05:57
Has been approved for. 01:05:59
Non conforming lots. 01:06:01
Two lots are not laid out along existing arterial. 01:06:06
Our collector of local roads. 01:06:11
Three lots. 01:06:13
All lots meet. 01:06:15
The length requirements. 01:06:16
Of the. 01:06:19
SCO. 01:06:20
Streets. 01:06:21
One streets and cul de sacs comply. 01:06:24
With dimensional and geographical standards. 01:06:27
Of the SEO. 01:06:30
2 traffic. 01:06:32
Calming measures are identified. 01:06:34
Where more than 30 lots are provided. 01:06:37
3. 01:06:41
In a public St. serving this subdivision. 01:06:42
Meets the SEO surface type. 01:06:45
In right away requirements. 01:06:48
4 All streets are named. 01:06:51
5. 01:06:54
There are. 01:06:55
Not any permanent dead in streets. 01:06:56
Or any private streets. 01:06:59
6. 01:07:02
Approval received for any subdivision streets. 01:07:06
That intersect. 01:07:09
With the state highway. 01:07:10
It's not applicable. 01:07:13
7 Curbs and gutters conform. 01:07:15
To the N dot standard specifications or equivalent standards as determined by the county engineer. 01:07:18
J Driveways, intersections and entries entrances. 01:07:27
Excuse me a second. 01:07:31
J Driveways, intersections, and entrances. 01:07:41
1-2 subdivision injuries are provided. 01:07:45
Where 50 or more lots are proposed. 01:07:49
Two driveway separations meet the requirements of the. 01:07:53
SEO. 01:07:58
Three all driveways and intersections are located in accordance with the SCO. 01:08:00
K Sidewalks. 01:08:06
Sidewalks are provided on both sides of the subdivision streets. 01:08:08
Where the gross density of the subdivision is more. 01:08:12
Than one lot per acre. 01:08:15
Two, pedestrian access is provided. 01:08:18
To any park common space. 01:08:22
Our recreation facility located within the subdivision. 01:08:24
3 Protective. 01:08:30
Covenants. 01:08:33
Assign the obligation for the. 01:08:35
The maintenance and repair of the sidewalks and trails. 01:08:37
To lots owners association. 01:08:40
All covenants are. 01:08:45
Consistent with this. 01:08:47
SCO. 01:08:49
Two, petitioner has. 01:08:50
Met the following requirements for drainage and storage stormwater. 01:08:53
AN dot IDNR approval. 01:08:59
Obtain. 01:09:03
For altercations to the natural drainage pattern in natural stream patterns. 01:09:05
Caused by the construction of the subdivision. 01:09:10
B. Any drainage system. 01:09:14
Will be installed. Meets the standard. 01:09:16
Of the SCO. 01:09:20
See drainage report. 01:09:21
Has is provided. 01:09:23
3 Petitioner. 01:09:27
Has provided. 01:09:28
A letter confir. 01:09:30
Confirming availability in willingness to serve for the necessary utilities. Water. 01:09:31
Sewer. 01:09:38
Fire Protection. 01:09:39
Telephone. 01:09:40
Gas and electric. 01:09:41
4 Petitioner has met the following requirements for sewer. 01:09:44
Or septic service. 01:09:48
A service. 01:09:50
For subdivision, lots will be extended to the IDE. 01:09:52
Approved. Approved municipal. 01:09:56
Or county owned. 01:10:00
Or. 01:10:02
Operated sanitary sewer system. 01:10:04
Which is not applicable. 01:10:07
B Conditions used. 01:10:09
To approve by the Floyd County Board of Zoning Appeals. 01:10:12
For a news. 01:10:15
Wastewater treatment plant is not applicable. 01:10:16
Or the septic which? 01:10:20
It's not applicable. 01:10:22
Umm. 01:10:25
I'll go. The septic systems meet the following requirements. It's not applicable. The ISDH approval provides for all. 01:10:32
Septic systems and filters. This is not going to be a septic system. 01:10:40
It's gonna be sanitary. 01:10:44
So. 01:10:47
The decision upon careful review. 01:10:49
The Floyd County. 01:10:51
Planning Commission hereby grants. 01:10:52
The petition primary application for major subdivision. 01:10:55
In the meeting held This meeting held on the 13th day of April 2026. 01:10:59
Primary approval is based on. 01:11:04
Completion of the following conditions. 01:11:07
One show location. 01:11:11
Location of the easement. 01:11:12
Of on the plat before the final. 01:11:14
Plat approval. 01:11:17
2A maximum grade of 14% is approved. 01:11:20
For the street leading to lots 27 through 33. 01:11:24
Approximately 400 feet, known as Thelma. 01:11:29
Or yeah, Thelma Lane. 01:11:32
Per FC-03. 01:11:34
Dash 26-16. 01:11:38
3 drainage. 01:11:41
Storm water. 01:11:43
In erosion control plans must be updated. 01:11:44
And submitted to the Platte Stormwater Department for review and given. 01:11:47
Given by the department prior. 01:11:53
To final plat. 01:11:55
Approval. 01:11:57
Four add to the HOA covenants. 01:11:59
Either a recommendation. 01:12:03
Or requirement. 01:12:05
To utilize the most up-to-date. 01:12:06
Indiana Indiana NET Department of Natural Resources. 01:12:09
Tree species list. 01:12:13
For any tree plantings. 01:12:16
And that is? 01:12:19
The petition. 01:12:21
In decisions at this point. 01:12:22
I thought we got some others they had. Is that true, Victor? 01:12:26
The one the one that we needed to add was that they're going to add. 01:12:29
To the age I think it's to the HOA for. 01:12:33
Don't ride it until we get it approved here. 01:12:36
To no in regards to the, let the. 01:12:38
Property owners know that there is agriculture. 01:12:42
Activity in the area? Is that not what we that you all agree to if I'm not mistaken? 01:12:46
Should that be written? 01:12:51
He's just saying that. 01:12:53
They agreed to include in the HOA documents notice to the homeowners that agricultural activity exists nearby. 01:12:56
But notice will be given to HOA. OK. 01:13:04
In regards to agriculture activity. 01:13:07
Developer will include in the HOA documents. 01:13:10
OK, notice to HOA. 01:13:15
No, forget that. 01:13:17
What are the developer? 01:13:19
Will provide in the HOA documents. 01:13:22
Well. 01:13:30
HOA documents. 01:13:39
Notice to homeowners. 01:13:41
That agricultural activity. 01:13:49
Home. 01:13:52
Exists nearby. 01:13:56
They'll know it when they smell it. 01:14:08
I have a brain. 01:14:12
Bring an agricultural. 01:14:14
Activity. 01:14:17
How Jim Butcher does. 01:14:22
Tell me when you're the the other ones involved in the easement. And I think that they've agreed that there would be language in 01:14:39
the HOA documents. 01:14:43
That the easement remains. 01:14:47
And that no homeowner shall. 01:14:49
Restrict. 01:14:52
Use and access of that easement. 01:14:53
Easement to. 01:14:57
Existing. 01:15:00
That the developer agrees. 01:15:02
To put in the HOA documents. 01:15:07
Yes. 01:15:25
That an easement exists. 01:15:26
And that no homeowner. 01:15:35
No homeowner. 01:15:49
Shall prohibit. 01:15:50
Or restrict access. 01:15:52
To that easement. 01:15:56
Prohibit. 01:15:57
And what did you say? Pro shall put Arboretum. 01:16:00
The use of that easement. 01:16:05
The news. 01:16:12
Agriculture is within their future. 01:16:15
Is that is that the only easement on the? 01:16:18
Property. 01:16:20
Do you would you prefer if we specifically reference Fentress easement just to make clear? 01:16:22
Clear what we're talking about, are you? 01:16:27
Records the lot numbers so it's great. 01:16:32
Yeah, yeah. If you just in front of the very beginning of both of those, if you just put yes. 01:16:35
I'll do that here. 01:16:42
Just don't don't change anything. Just add feather. 01:16:44
He spelled it. I want to make sure it's got to be here. 01:16:50
Fritters Fentress easement. 01:16:55
I wanna make sure. 01:16:57
Print filter easement. 01:16:59
Developer agrees to put in the HO. 01:17:04
A documents that and even exist and no homeowner. 01:17:07
Shall prohibit or restrict that that use of the. 01:17:11
Correct. And then do you have the other one? 01:17:15
Developer will provide. 01:17:18
In the. 01:17:20
Documents. 01:17:23
Notice to the homeowner. 01:17:24
Trust that agricultural. 01:17:25
Homeowners that agricultural. 01:17:32
What activities are next nearby? 01:17:35
Yeah, yeah. 01:17:38
OK, it's almost the end of their page. We got a little wordy on those. 01:17:40
I know, I know. 01:17:45
OK, I'm going to. 01:17:48
Go back through those. 01:17:49
Just the ones you added please. 01:17:52
In that this is. 01:17:54
On. 01:17:56
I just want to make sure that you all know that this is on FC-0326-17. 01:17:57
This is just on what we added. 01:18:03
Five the developer will provide in the HOA documents. 01:18:07
Notice to the homeowners. 01:18:11
That agricultural activities are nearby. 01:18:14
Exist nearby. Exist nearby. 01:18:19
OK. 01:18:26
Six Pinterest easement. 01:18:29
Developers. 01:18:33
Agree to put in the HOA documents that the an easement exists. 01:18:34
In no homeowners. 01:18:39
Shall prohibit. 01:18:40
Or restrict that use of that easement. 01:18:42
Yeah, OK, Mr. Finters. 01:18:45
All right. No, you don't ask it. 01:18:47
Yeah, that's right. 01:18:50
I want to make sure that OK that that. 01:18:52
Conclude your ballot. Is that correct? That is correct. 01:18:55
OK, so. 01:18:57
Are you good with? 01:18:59
OK, that ballot is complete. I'm looking for a second. 01:19:00
I'll second that we have a second. Any further discussion? 01:19:03
If none. 01:19:07
All in favor signify by. 01:19:08
Aye. And those opposed likewise. Thank you. 01:19:10
All righty, next item. 01:19:13
Let's move this, move this ship on. 01:19:15
Agenda item docket FC-03-206-18 Primary approval. 01:19:18
Of a major subdivision, applicant is seeking primary approval of a commercial subdivision to be known as Summit Ridge Commons. 01:19:24
The proposal covers 17.6 acres. 01:19:32
To be split into six lots with a common area. 01:19:35
Common area lot and gross density of 2.93 units per acre. 01:19:37
Application Application is accompanied by two development standard variance requests. 01:19:44
That are heard. 01:19:49
That. 01:19:51
Are heard before the April 13th. 01:19:51
It should have been at April 13th. Board of Zoning Appeals. 01:19:55
I heard before at the April 13th 5:00 PM Board of Zoning Appeals. 01:19:59
Applicant Prime. 01:20:04
Property Development Company, LLC. 01:20:06
Site unaddressed location. It's on East Luther Rd. north of Lawrence Bannat. 01:20:09
And east of Hwy. 160. 01:20:16
At this time, Frank. 01:20:19
It's your all right. 01:20:20
Docket #FC32618. Petitioner, Prime Property development Co. 01:20:22
Representative Jason Copperweight. 01:20:27
Location along Hwy. 150 on an unaddressed lot. 01:20:28
Parcel #2241983DOT000-6. 01:20:32
Request major subdivision. Primary approval of the major subdivision. 01:20:38
For Summit Ridge Commons, this is also a commercial subdivision. 01:20:42
Zoning District, General commercial. 01:20:46
The petitioner is seeking preliminary approval of a commercial subdivision to be known as Summit Ridge Commons. 01:20:48
The proposal covers 17.6 acres to be split into six lots, with a common area utilizing 8.88 acres. 01:20:53
With the remainder of the property to be retained is undeveloped land. 01:20:59
The developed portion has a proposed gross density of .68 units per acre, not excluding common area and right of way. 01:21:03
The common area contains a total of 0.477 acres and is located at the north of the parent tract. 01:21:10
Being developed. 01:21:16
The property is located within a commercial growth area of the Lafayette Township and falls under the Highlander Point Overlay 01:21:18
District, with the Highlander Point Corridor identified as the main commercial corridor and a primary gateway for the county as 01:21:22
identified by the Comprehensive Plan. 01:21:27
This property is surrounded by commercial and residential growth areas within the Lafayette Township. 01:21:32
This land is designated as a growth area due to its proximity to utilities, Hwy. 64 and existing amenities such as shops, schools, 01:21:37
and other institutions. 01:21:41
With an intent to focus development here rather than in areas that the plan has designated as transitional or agricultural areas. 01:21:45
To the east is the platted subdivision of Fairway Estates is owned a residential suburban. 01:21:52
To the north along the southern side E loop of East Luther Rd. are a vacant property and a single family residence zone. Urban 01:21:57
residential. 01:22:00
To the West, across Hwy. 150 are wooded properties, zoned residential, suburban and urban residential. 01:22:05
To the southwest. 01:22:10
South and Southeast are various property zone, general commercial. 01:22:11
The site has proposed access through the. 01:22:15
New proposed signalized intersection along Hwy. 150 that will connect to the new JC on the other side of the highway. 01:22:18
The site will further connect. 01:22:24
The site proposes further connection to the Lafollette. 01:22:28
Commercial platted. 01:22:31
Subdivision to the South and will have a road ext. 01:22:32
To allow for connections to East Luther Rd. should further. 01:22:36
Future development occur. 01:22:39
The proposal has obtained the necessary willingness to serve letters from the local public services and was included with the 01:22:41
regional traffic study. 01:22:44
A plot review was held on April 1st. 01:22:48
For the staff review. 01:22:50
The petitioner has provided A compliant preliminary plan for the project. 01:22:52
The petitioner has provided certification that all drainage and environmental requirements will be complied with and that there 01:22:55
are no known outstanding issues concerning item. 01:22:58
This is page nine of the actual application. 01:23:02
A geotechnical report was performed by Paul Primavera and Associates. 01:23:04
A phase one environmental study is not required. 01:23:08
Our regional traffic study was completed and provides adequate level of service. 01:23:10
A variance is requested from the 200 foot long frontage width requirement for lots one through 4 and lot 6. 01:23:15
And from the one acre requirement for lots 1-2 and four. 01:23:21
This was approved. 01:23:24
Before the Board of Zoning Appeals. 01:23:26
Other locks meet the size and frontage with standards of the Floyd County zoning ordinance for the residential suburban district 01:23:28
and are laid out along subdivision streets compliant with. 01:23:32
Subdivision control and standards. 01:23:36
And I apologize that should read as general commercial district, non residential suburban. 01:23:39
La Follette Station Dr. is continued to the north of the subdivision. 01:23:44
From the South connection point and is proposed as a subdivision St. that connects to the La Follette. 01:23:47
Commercial subdivision along Lawrence Bennett Rd. 01:23:52
Riley Drive is also provided as a subdivision St. providing access to US Hwy. 1 fifties anticipated intersection. 01:23:55
Sidewalks are provided. 01:24:01
A drainage report and preliminary plan were submitted with the application. 01:24:03
Full drainage compliance with. 01:24:07
County stormwater regulations will be required prior to secondary approval. 01:24:08
The Stormwater Director offers the following comment. Access to the two proposed detention areas will need to be considered before 01:24:12
primary or before final approval. 01:24:15
The petitioner has provided willingness to serve letters from CenterPoint Energy for natural gas. 01:24:20
Harrison RMC, Floyd's Knobs Water Company and Highlander Fire Protection. 01:24:24
Protection District. 01:24:28
Wastewater will be provided by New Albany Wastewater. 01:24:29
For staff comments. 01:24:32
The 2017 Comprehensive Plan indicates an opportunity to focus on entrepreneurship. 01:24:34
Detailed on pages 2831 and 37 of that plan. 01:24:38
Entrepreneurs and commercial uses do not have a uniform set of needs for space. 01:24:42
The website loopnets. 01:24:46
Loopnet let's. 01:24:48
Commercial lots in the local area and of the 16 listed lots, two of them were under one acre, potentially indicating a lack of 01:24:49
supply in the size range. 01:24:53
While This site is wooded, the site was previously cleared as recently as 2010. Many of the trees on the site are invasive species 01:24:57
that do not add to the rural character or ecological health of the community. 01:25:01
For staff recommendations. 01:25:06
Whereas the drainage and stormwater plants are requirements before the final approval. 01:25:09
Where the subdivision control ordinance requires developments, meet zoning ordinance, where a covenant for a shared maintenance 01:25:13
should be on record and where the comprehensive plan encourages. 01:25:17
Protecting the rural character of the community as well as promoting entrepreneurship and where Lafollette Station. 01:25:22
Drive is a private road. 01:25:27
Staff recommends the following conditions be met before final approval. 01:25:29
One final approval of drainage stormwater violence. 01:25:33
To a development standards. 01:25:35
Variance for the lot area and lot with frontage is approved for. 01:25:37
FC 3/26/19 and FC 3/26/20. Both of those have been approved. 01:25:41
Commercial 3 Commercial Association Covenants for shared maintenance of open space or add to the Commercial Association covenants 01:25:46
either a recommendation or requirement to utilize the most up-to-date Indiana Department of Natural Resources Trees species list 01:25:51
for any tree plantings. 01:25:56
And have any shared access? 01:26:02
Shared Maintenance agreement for use of Shared Access and maintenance agreement for use of Lafollette. 01:26:06
Station drive or create a temporary cul-de-sac dead end where La Follette Station Dr. is intended to connect. 01:26:11
All right. Thanks, Frank. Anybody have any questions for Frank on the staff report? 01:26:19
I do not. 01:26:24
Do not nobody understand. 01:26:25
Thanks Frank. Appreciate you an applicant come forward state your name and address for you and Jason Copper weight from Avera and 01:26:27
Associates, 1000 Bell Lane, New Albany, IN. 01:26:31
They representing the applicant. 01:26:35
To be brief, I don't have the staff always. As always, did a great job. 01:26:38
Presenting the project. 01:26:44
The only thing I would add is that the last. 01:26:46
The last recommendation that they made? 01:26:49
Which is. 01:26:51
A temporary turn around. 01:26:52
Access through La Follette Drive. 01:26:54
I would add a third item to, that is if they were to find a secondary access. 01:26:56
Approved by the Commission. 01:27:01
That that would also be an acceptable condition. 01:27:02
Acceptable. 01:27:05
Scenario that satisfies the condition. 01:27:07
That would be versus otherwise we agree with that. That would replace. 01:27:09
That turn around and said one of the three OK, temporary turn around, OK. 01:27:13
Access through the follow drive OK. 01:27:18
Or. 01:27:20
Second entrance through some other property. 01:27:21
If it becomes available. 01:27:23
That would be. 01:27:25
Or create a temp you still want create one of the 33. 01:27:27
Would meet. 01:27:30
Sure. 01:27:35
As approved. OK. 01:27:37
All right, that's fair enough. Make that easy. 01:27:38
Less writing. 01:27:40
Fair enough. 01:27:41
Otherwise, we agree with the conditions you done. 01:27:44
Yes. Any questions for Mr. Copper? Wait on the board. 01:27:46
All right, all righty. Thank you, Mr. Copper weight. 01:27:50
Now we open up for anybody who wants to speak in favor. 01:27:54
Please come forward. 01:27:57
State your name and address. 01:28:00
For the record. 01:28:03
My name is Steve Thiemann. I live it. 01:28:04
3593 Lafayette Parkway. 01:28:06
The only thing I want to bring up is. 01:28:09
Those are private streets. 01:28:11
Lafayette. 01:28:13
So how? How do you handle that? 01:28:15
The HOA. 01:28:18
Takes care of those streets. 01:28:19
So if there's traffic coming down, is there going to be a light? 01:28:21
At 1:50. 01:28:26
OK. Yeah. So. 01:28:28
I mean, we take care of our own streets as they're all private. So how do you handle that? 01:28:30
We'll have to give him time to come back up and and. 01:28:35
OK. All right. That's all. OK. Thanks, Steve. All righty. 01:28:40
Anybody else in favor? 01:28:45
OK, now we open up. Anybody that's against it in opposition, please come forward. 01:28:48
Thank you, Lord. 01:28:56
All right, this time, Mr. Cartwright, would you like to just. 01:28:58
Refer to Mr. 01:29:02
Ingleman's comment. 01:29:03
So Mr. Feenyman is correct as. 01:29:04
As I say, well should know because he developed the property. 01:29:06
La Follette Drive is a private drive that is maintained by the Lot Owners Association. 01:29:09
In the Folly station. 01:29:14
I think it is the. It is the applicant's desire. 01:29:16
Perhaps the desire of a few of the lot owners that maybe that road become a public road at some point in the future. 01:29:18
Maintained by the county. 01:29:23
But it requires participation of all the lot owners. 01:29:25
So it is my clients. 01:29:29
Interest to pursue that in the future. 01:29:33
In participation with the county or maybe the county would pursue that. 01:29:36
Either way. 01:29:41
The the physical pavement. 01:29:42
Enters into. 01:29:44
This property and so it physically can be connect. 01:29:45
Now, legal access is another issue. 01:29:48
And that's that's the reason for the three. 01:29:50
Options that we talked about either a temporary turnaround if we can't get legal access. 01:29:54
Get legal access. 01:29:59
Or develop some alternate. 01:30:00
The entrance some alternate third entrance to come on to come to connect to the South end of the proposed St. one of those three 01:30:03
items have to occur. 01:30:08
Before we get secondary approved, OK. 01:30:13
So right across. That's why I wanna. That's why I wanted to leave some options open for. 01:30:15
One of those three, but that's per staff. 01:30:20
Right recommendation. 01:30:22
Correct. Yes, so. 01:30:23
Still haven't seen that Uncle Bill for a year. 01:30:26
OK, so there's. 01:30:30
But that in order to get that to be public Rd. 01:30:31
Everybody has to agree to that, correct? That's correct. And then you have to verify this, that the county can accept it if it's 01:30:36
built to their respects and the county would have to agree to accept it. That's correct. So right now all all the commercial lot 01:30:40
owners. 01:30:44
Owned to the center of Lafollette Station Dr. and then there is a utility and access easement across the roadway so they all would 01:30:49
have to deed. 01:30:53
A small portion. It'd be their benefit to have it county, wouldn't they somewhat. 01:30:57
I mean that's I would think so that's opinion, right? I got it. Everybody's got one. You're dealing with several lot owners and. 01:31:02
Personalities, You know how they. 01:31:08
All right, good, Mr. Thiemann? Sure, absolutely. 01:31:09
Playing for president and we've all voted in. 01:31:13
They all agree. 01:31:16
OK. 01:31:18
Did we talk to you after the meeting? 01:31:19
Bring that to the Commissioners. 01:31:25
We're not buying, but bring it to the Commissioner. 01:31:29
We're not buying. 01:31:33
Understand. Thank you. 01:31:37
Any other questions? Any other questions for Mr. Copper? 01:31:39
Alrighty. Thank you, Mr. Jason. At this time, we'll open it up for a ballot if anybody has one, please. 01:31:42
FC03. 01:31:48
Dash 26-18, afternoon. 01:31:50
Prime property development company. 01:31:54
Number one, petitioner has met all the following requirements. A preliminary plan provided. 01:31:56
B Certification. 01:32:01
Demonstrating compliance with. 01:32:03
IDE and Rule 5C Plat provided identifying all pertinent information pursuant to the SCO. 01:32:05
And Floyd County Planning and Zoning Commission rules and procedures. 01:32:11
D Geotechnical report provided. 01:32:15
E Traffic study provided. 01:32:18
F is not applicable G site plan provided that shows topography. 01:32:21
Wetlands. 01:32:26
Blood hazard areas. Steep slopes. 01:32:27
In soil shown under soil survey of Floyd County as having. 01:32:29
Severe limitations for Urban Development. 01:32:33
H Lights. Subdivision control. 01:32:37
Been approved for conforming lots. 01:32:40
Watch for my lay down along existing arterial collectors or local streets. 01:32:47
Three, all lots meet the. 01:32:52
Length requirements of the SCO. 01:32:54
Ah St. streets in Cul de Sacs comply with the dimensional geographic standards of the SCO. 2 Traffic calming measures are 01:32:58
identified. 01:33:02
No, that's not actual. 01:33:07
#3 any public streets. 01:33:09
Serving the subdivision meets the SCO surface types and right of way requirements #4 All streets are named. 01:33:11
#5 there are. 01:33:18
Or not any pertinent dead end streets or any private streets? 01:33:19
Number six. 01:33:25
Indiana dot approval received for any subdivision streets intersect with the state highway. 01:33:26
#7 Curbs and gutters conform. 01:33:31
Did the Indiana dot standard specification for equivalent standards. 01:33:34
As determined by the county engineer. 01:33:38
J Driveways, intersection entrances. 01:33:40
Number one is not Apple. 01:33:43
Pool #2 driveway separation meets the pharmacy SEO. 01:33:45
#3 All driveways intersections are located in accordance with the SCO. 01:33:49
OK, sidewalk side Zack. 01:33:53
Walks Harper would write it for the subdivision Streets number 2 is not applicable. 01:33:55
#3 Protective cobbles assigned the obligation of the maintenance and repair of sidewalks and trails. 01:34:02
To the lot owners associations. 01:34:08
How can covenants are consistent with the SCO? 01:34:11
#2 Petitioner has. 01:34:15
Practitioner. 01:34:20
Has will be compliant with all the following requirements or drains using stormwater priority secondary approval. 01:34:21
A ID and our approval obtained for. 01:34:28
Alterations to the natural drainage patterns and natural. 01:34:32
Stream patterns caused by the construction of the subdivision B. Any drainage. 01:34:35
System being installed meets the minimum standards of the SCO. 01:34:40
See drainage reports provided. 01:34:44
#3 Petitioner has provided a letter. 01:34:46
Confirming availability and willingness to serve. 01:34:49
For all necessary utilities #4 Petitioner has met the following requirements for sewers. 01:34:52
Service for the subdivision lasts. 01:34:58
Will be extended to IDE and approved municipal. 01:35:01
Or county owned or operated sanitary sewer. 01:35:04
System. 01:35:08
Upon careful review, the Floyd County Planning Commission hereby grants. 01:35:12
Primary approval for major subdivision. 01:35:18
At the meeting held on the 13th day of April. 01:35:22
2026. 01:35:24
Primary approval is based on a collision of filing conditions. Final. 01:35:26
Approval of all drainage of stormwater plans to finalize commercial association covenants. 01:35:30
For shared maintenance of open spaces. 01:35:35
#3 add to the commercial association comments either a recommendation. 01:35:37
For requirement to utilize the most up-to-date Indiana Department of Natural Resources tree species list. 01:35:42
For any tree plantings #4 provided interlocal agreement. 01:35:47
For use of Lafollette Station Dr. are created temporary cul-de-sac. 01:35:52
Dead end where F La Follette Station Dr. is intended to connect. 01:35:57
Or another. 01:36:02
Access point as approved. 01:36:03
Pasta that completes my belt. 01:36:05
All righty, we have a ballot in a second. 01:36:08
I do have a second any conversation, any discussion. 01:36:10
If none all in favor, signify by aye those opposed likewise. Thank you guys. 01:36:13
All righty, don't know anybody leave till we get the ballot signed right now. 01:36:20
Is there any other business, Frank? 01:36:24
OK, there's no new discussion at this time. I need a motion to adjourn. 01:36:28
So moved. 01:36:32
Second, all in favor signify by thank you guys and girls. 01:36:34