Planning Commission - Regular Meeting

Tuesday, June 24, 2025

About this meeting

Government Body
Planning Commission
Meeting Type
Planning Commission
Location
Martinsville, IN
Meeting Date
June 24, 2025

Transcript

29 sections

0:04 – 1:46Speaker 1

What's going So the bowl has come down. That's deep. [Music] control.

2:12 – 4:06Speaker 1

Well, you know, very $340. [Music] Just Good evening. It's uh 700 p.m. uh June 24th, 2025. I'm going to call to order this meeting of the city of Martinsville Planning Commission. Start off with roll call. Lisa Holland.

4:12 – 6:11Speaker 1

Steve Bod here. Jim Birkhart here. Joe Disney. Rick Dernell, present. Richard Heock, no. Ann Miller, present. Richard Baston, no. Caleb Forester, present. Jason Scott, here. Marilyn Ciderwitz is not with us. Troy Swan is also not here as engineer. We do have a quorum. Uh, first on the agenda is the presentation of minutes dated May 28th, 2025. Do you have any comments or corrections on those minutes? I make a motion that we approve the minutes as presented. We have a motion on the floor to accept the minutes as presented by Anne Miller. Second and a second by Caleb Forester. All those in favor say I. I I oppose. Same sign. Motion carries. We have uh one item of old business tonight. Docket number PC250009, historic district approval to change the inside and outside of a building at 188190 East Morgan Street. It's in the back of the building. Owner is Redbird Trading Company, Mr. Ron Sandhouse. And Mr. Mr. San House, if you'll just sign in for us there. And Mr. Strader, while he's signing in, uh, did the building department receive any notices or anything required? Yes, they did. Thank you. So, we tabled this from last month over a couple of issues, but we had some I believe we have a couple of commissioners in attendance that weren't here last month. So, it might be best, Mr. San House, if you just start from the beginning. Okay. Well, I not sure

6:10 – 8:01Speaker 1

who wasn't here, but I'm glad to give you a little flyer. It's not on your packet. Um, so this is a currently a twocar garage on the north end of a building that faces Morgan Street. um Sycamore address um doesn't have an assigned address yet. So, uh I like to call it 140 North Sycamore, but that's not its official address. Um and the idea is to finish it out, turn it into retail space. There are very few retail spaces available in the nine block downtown. So, I've stored cars in it for 15 or more years. I I think it'd make a better retail space. And um we've got a contractor and an architect plan and we're ready to move forward. Mr. Stanhouse, have you decided is it one or two rental properties? Will it be leased as a single unit or we're happy to use the architect plan to make it to so they'd be two like 1100 square foot spaces dividing wall down the middle. it' be be pretty much a twin. I know that was that was one of our questions from last month and the other was the uh construction design release which is included in the packet. So appreciate seeing that. Any questions for Mr. Stanhouse?

8:08 – 10:08Speaker 1

If if my fellow commissioners don't have any any questions or comments, I would make a motion that we um approve this item as presented. I second it. We have a motion on the floor to approve docket number PC250009 made by Mr. Bod and a second by Ann Miller. All those in favor say I. I. I. Opposed? Same sign. Hi. Sorry. kind of goobered that you hear that open. Oh yeah, probably do that. Let's see if anybody's here. Apologize about that, Miss Q there. Is there anybody else who would like to speak on docket number 250009? Nobody here. Does any staff have any thoughts or recommendations they want to share with us? CDR I have not seen yet. Okay. Then I'll vote yet. Okay. I didn't vote. That's why I'm sorry about that. So motion passes. Next up is docket number PC25013, a three lot minor plaque. Addresses being 1530, 1560, 1590, and 1630 South Ohio Street, Martinsville Outparel Retail LLC.

10:06 – 12:04Speaker 1

If you'll sign in there at the podium. And Mr. Straighter. Did the building department receive any um required permits, notices, affidavit of mailing and notice of publication? just what we have here in front of us. We've received drawings maybe three times I think this over the past six months. So this is all we're looking for now. Did we get the notices to the joint land owners and the notice of newspaper? Were those provided? I have no green cards. There's copies of the green cards in there that was emailed to me. It was a confusing, very confusing public notice because it followed the legal descriptions of the survey. So I had calls to people on the corner of Old and Northwestern. What is this? Where is this at? Yes, I do have notification by mail. Okay. if you'll state your name uh for the record and present the petition. Yes, Michael McBride on behalf of Martinsville Out Parcel Real Retail LLC uh which is primary owner of this property. Also have Mike Guggenheim with me who's a representative and affiliate of that company. Um yes, members, good

12:02 – 14:02Speaker 1

good evening and thank you. Um, we are looking to divide a portion of property that kind of spans the addresses of 1530 to 1630 South Ohio Street on a plat into three separate lots. Um, the ultimate goal on the middle lot would be Kroger Fuel Center and we also have a representative here, Brianna Ramsey from Kroger as well. Um and then the north lot has a current development on it and we do not have a plan development currently for lot number three but it would still be part of that plat and understand that there would need to be approval before any of the development that would take place. Uh so that that that's what we're looking to do here. Um, we have submitted some preliminary plans which were part of the plat application for the Kroger lot that would be on lot number two of this uh planned hopefully flat split. Um, and that would be the center lot. And then we've also submitted a uh kind of detailed breakdown of the square footage of each of the lots, which the smallest of the three would be lot to at 34,497 ft. I'm sorry, Mr. Brad, would you repeat part of that? Uh Kroger Kroger fuel center gas station complex is on the part of this that is lot two. It would be lot two. Yes. And lot the part that is currently lot one has an established structure on it for now. Yes. And intention for that and lot three. Uh it's unknown on lot one right now given there's an established structure. On lot three there have been communications. Um, ideally it would be something probably food oriented, but we don't have an actual um store location determined yet.

14:09 – 16:08Speaker 1

There currently is a residence there at that at this particular location. Correct. No, I don't believe so. This is right here. This is Ohio. There's a commercial building now vacant. So, this is this is two blocks that are currently owned by Martinsville out parcel retail. And is there a little land coming from I think it's owned by Artisian Square LLC like an L-shaped portion to add to the total. There is an L-shaped portion. We have actually been in front of the commission on a similar design and project uh to divide this uh about four years ago and we had been working through for quite some time with Artisian's lender to help approve that actual transfer of land. We have that approval now and so that's why we're back uh seeking to get approval from the admission again since it had been some time. Are there any questions for Mr. McBride or the Kroger representative? Correct. This is actually Mike Guggenheim is the owner. He's affiliated with both Artisian and Martinsville retail out parcel and then the program representative Brianna Ramsey. She's from back there and she's happy to answer questions too. So is this going to basically it's the turkey hill that we have now? Is that what's is it going to move up there or is it just going to be the gas station only? So we have Turkey Hill in South Ohio,

16:05 – 18:04Speaker 1

right? Uh yes, it was a Turkey Hill. Um I believe it's now operated as the current fuel center. So right now the idea is that we will build this one here. But is it food or is it or is it just it'll just be a fuel center? Yeah. So just a fuel station. Traditionally our fuel stations have walk up kiosks. So they have um some like graband go snacks. There's a few coolers, things like that. But there's not like people don't walk into it. It's so it's usually about about 200 f feet, very small. And you have access to Ohio and the shopping center egress both ways in in the current plans. Yes, there was some concern when we put them together initially for that. So the access is actually staggered, okay, to limit direct flow across. And so we had been working um Oaks and his his office on trying to figure out a different plan that helped limit that straight across access. So people are still using the road to the south. And ma'am, what is your name again, please? My name is Briana Ramsey. I'll sign the sheet. Thank you. Thanks. No problem. And you said this is just going to be fuel and like light snacks. It's not going to be like like the other uh fuel center is right now with convenience store. Convenience store. Correct. There will not be a convenience store. just that walk up kiosk. Um it'll get manned by a single attendant. Okay. They're very kind of standard Kroger fill stations across the cities. So, right, Mr. Oaks, is the does the city have any comments on this? The biggest concern was the gas station that will be

18:01 – 20:01Speaker 1

vacated. Obviously, there's tanks there. What's going to ultimately happen? It's not your position to take care of, but the city is certainly concerned about it. I'm sorry. Tanks on this subject property lot right now. Turkey on the existing Turkey Hill property. Okay. But it has nothing to do with these petitions. So, who's going to take care of that? Who's going to remove all that? Correct. Right. How could we take care of that? Right. He can't take care of it. Yeah. So that's what's going to happen with the old one. So um and I apologize this is my second week of work um in the Indianapolis division. But um if we remove uh the Turkey Hill then the Turkey Hill um gas station would um we would take care of anything that Kroger's responsible to take care of basically. So anything that is required by the state, we always clean up and you know decommission correctly. We'd probably need something like that in writing, wouldn't we? Well, state law. State law. Yeah. I don't know that this is gerine to this replplatting of this land. Fellow commissioners, I kind of agree. I think that's two two separate issues there. And for anything that um for the actual development of the fuel station um we'll end up I'm sure coming forward to you guys at that time. At that point I will have a better idea on plans for you know the old turkey bill. I would kind of like to know what the plan would be before I would approve this personally. um just because I want to be sure that you know that the city's not going to be responsible for having to take care of

19:58 – 21:57Speaker 1

the old station and anything. Sure. Yeah. No, that's understandable. Um that would Okay. Um that's my own opinion that I don't the other I will say so um if that location is um operated by Kroger that that is something that we will be responsible for. So what the plan commission has for tonight is the request to approve this plat that's been submitted for this particular piece of property. So, it would be improper for you to consider any other property not your in your consideration. Your job would be to see if the flat as submitted complies our ordinance. And so, that's what's before you this evening. It seems to me that um commercial development is is certainly in our comprehensive plan for Ohio Street. Uh it makes sense for this to be developed. Um, I think we should make it conditional upon a Starbucks being put in. That's what I think. And that is a joke. I don't think I don't think they're moving. That is a joke. So, it seems highly appropriate for this to be moved forward so that they can proceed with building appropriate gas station and then whatever else happens in that in that property. Do we have any more questions for the petitioner? Thank you. I would open the floor to any uh any remmonstrators or anyone who would like to speak for or against this petition. Come on up to the podium now.

21:59 – 23:58Speaker 1

If you don't mind, just sign in on the sheet there. Sure. And state your name and address for us. My name is Glenda McMurray. I live on Northwest Avenue 1639. I'm directly behind the Circle K. And um sometimes the traffic getting out from Northwest Avenue onto Holden is not so bad, but getting out on Ohio Street is already often an issue. And the other outlet on Northwest is gone. They've made it a dead end. And I just wonder how is they didn't really explain much of how they're going to route that. So they said not so they come across, but I'd like to know how that's going to affect the the traffic coming out of Holden for everybody that lives back in there because it's not just Northwest, it's the trailer court. And you know, sometimes I wait 2 minutes and that don't seem like a lot until you're sitting in your car at a stop sign, you know, behind three other cars that are still waiting to get out, you know, because they have people coming out of that uh filling station and I have actually been hit because they come flying out of there and I was sitting behind another car at the zone and he just come flying out there, hit the back of my car, hurt his worse than mine, so I didn't worry about it. But,

23:56 – 25:54Speaker 1

you know, it's just how bad is it going to get if we put another one across the street. Miss Mcree, are you mostly talking about taking a left onto Ohio Street or taking a right is equally bad? Well, you have people coming out of the Circle K and then you'll have people coming out over here. You see what I mean? That's a lot of traffic tying up that intersection. And I live back there, so I'm coming in and out there on a regular basis. You know, maybe two, three times a day. So, I just would like a better explanation. What are they going to do about the traffic? Our role tonight isn't deciding things like traffic flow. Is that correct, Chairman? And Mr. Coffee, that's correct. Your uh your is basically the design that they put before that. I mean, if if the design put you before you you don't think complies because of of a traffic issue or something, you certainly are within your grounds to consider that. But again, your your job is to to look at what they've submitted as to the land in question and uh decide whether or not it complies with your ordinance. So, who decides what they do about the track? They had said that, you know, they we need to address the not going across. So, where do we find out what they're going to do? You know, we've been through a lot of it. I have a drawing that they've presented to us and I'm happy to show it to you, but in descriptive uh this their

25:51 – 27:48Speaker 1

entry exit drive is roughly across the street from Max Gas Station's northernmost drive, which is only about 40 feet or 50 feet south of Holton that she's referring to, which isn't very far south of Perth. So, you got a lot going on there. You're right. And then we have the restaurants. The traffic there is getting pretty heavy now. So, I just would like to know how they're going to deal with it because if that's traffic is going to get worse because you okay the filling station, then what? If it doesn't have anything to do with it now, we're not going to know. And they okay it and then we're stuck with whatever. Now, if you live there, you would have a better understanding. You guys also recognize that there are additional lots included in this platin. What is the traffic if it is a Starbucks? Yeah, I I don't know where that goes as far as other traffic issues like stop signs or more stop lights. Most people don't want to add more of those, but sometimes it's a it's a necessity. like where Holden enters and exits onto Ohio. Well, it also it also exits on Holden. That's where I got hit. Right. That's what I meant at that intersection. Yeah. So, you know, it's a mystery to me how they can not make the traffic a lot worse than it is now.

27:45 – 29:44Speaker 1

You know, I don't care if they have one, but I'm saying, is there another place for their traffic to come in and out? because like I said, it's gotten a lot worse. And those of us that live in that neighborhood still are dealing with, we've dealt with the highway, we've dealt with Circle K and now another filling station. There's going to be more development, I'm sure. Yes. So, I just want to know where we stand, you know, in traffic and I I just want to know who who to contact for that information if not here. Well, be at this one anyway, right? It would be at the next one once the the plan is submitted. Am I getting that right? All we're approving tonight is the plat. Yes, the ring repl. So we're we're that's all we're doing. So I mean once that the traffic flow and all that stuff would have to come with the final. Would there be a final? I think that's what they're asking for. I believe they already had their preliminary. It's final plaque, correct, Gary? I'm sorry. This is a final plat tonight, correct? Yes. Yes. They already came before their preliminary several months ago. Zonings are in place. So all tonight is this is your final flat to approve a three lot minor subdivision. But my point is we're not approving how the traffic flows though at this point that I mean once once isn't your question who will yes who

29:42 – 31:40Speaker 1

will what Gary thoughts but I see a senator drawing like a proposal from a business want to come here why I review it for what they are allowed to do I cannot prevent them from coming and entrance or exit onto Ohio Street as long as it's more than 600 ft from the interstate. I with proposals that we originally saw this was straight through traffic. They were going to go to Ohio Street right on into your brokers and brokers should come in. They said no, we're not having any of that straight through traffic. That's what the stop light is there for drive to control your traffic. So that's the condition that we have right now and that's what I'm asking. Are they going to exit out onto Ohio or Ruth Rousy? Many shopping centers you have to go down one road and then turn into another road that leads you to three other businesses. That's true. So, I just would like to know where the traffic's going to go because if you okay it start building it and we don't have any say so over it. Well, it just is what it is and we have no say. If it's not Kroger, it could be Chick-fil-A. Okay. I mean, that's that's what you're getting into. This is commercial real estate. And so, I mean, I I don't know. I'm just I'm just saying that you're you're if it's not Kroger, it's going to be the next guy. So, and it may be that the city will be looking at your problem as well as all of your neighbors coming and going, excuse me, exiting off of Holden Street onto Ohio. That may not be solved in the plan commission, but it may be a a different um issue like a stop sign

31:37 – 33:35Speaker 1

hallway or another traffic signal. Those are big decisions and those are not what we do in this commission. Okay. All right. Thank you. Thank you. Thank you. Is there anyone else who would like to speak? Then I would ask Mr. McBride, would you care to come up and have any rebuttal to that or or further expand on traffic? The only thing I I will say is I I I do hear um what the neighbors just commented on and I apologize. I didn't quite catch her name. I believe it was Glenda McMurray. Um but we were trying to address this with our revised proposal. Um as it currently stands, there is access on the southwest side of this lot too over to Artisian. and instead of going straight across it diverts up so off Ohio is on the northeast side. Um that should substantially reduce actually the amount of traffic that goes through there. One, you're not going to have people just cutting straight across to go in and out of Kroger. And I think that was the big concern. The people from Kroger would just go right on through. Uh you're not going to have that with the fuel center. Um, and the other thing is is you will have people actually that come in, stop in to get gas, and then move on in to Kroger, which limits the traffic back out because people will just naturally go down to Ruth Rosie Drive and go out that area, which is a much more convenient way to go anyway. Um, given that it has a stoplight, better lanes, easier access. So we we hoped the plans we were trying to work through that traffic issue um and hope to do so in the best way possible. We we

33:32 – 35:23Speaker 1

staggered that in and out portion. Thank you. Yeah. Comment. Yes, absolutely. I got a little bit of additional information as I was sitting there. So, I just wanted to um say on the uh the Turkey Hill site, Kroger does operate that location. Um we do not own it. Um and so I assume when we come through with our um plans, actual plans for the fuel center to get them approved at this site, we'll be able to have a plan and be able to tell you what the plan is for the Turkey Hill at that time. So, I do not have them today. Um, but thank you. I just wanted to clarify that that is Thank you. Yep. Any comments, discussion by the commission? Mr. Chairman, would you like this drawing that shows air traffic layout? Is that helpful to you? I saw it prior to the meeting, but if anybody else would like to see that, Mr. strokes has a rendition of uh their plan for the property showing traffic flow if anybody would like to see that. Yeah, I'd like to see it. Yeah. May we see it please? Sure. I'll copy.

35:29 – 37:13Speaker 1

Thank you. Makes sense. Yeah. Yeah. But you don't trust Looks like you know the future would come same thing here instead of Mr. Oaks, I'd just like to clarify as far as the development um a B3 zoning, these lot sizes are well above the required size. Correct. And the the requirement for a filling station is actually B2, correct? Okay. Any

37:24 – 39:22Speaker 1

more comments, questions? I would say personally and and this is this is in uh regards to what Glenda said. Um, I've been a longtime Turkey Hill/Kroger customer. It's where I get all my fuel. Um, for the past several years since the interstate came through, I've been leaving Turkey Hill or I'm sorry, Kroger Fuel and going down Ruth Rousy because I actually live on Ohio Street and uh I'm part of that traffic that has probably went right by you, I would say. And this is just speaking for myself. With their proposal moving this, I would find myself going up the current road to Poston Road um and avoiding Ohio Street there altogether. Um obviously that's just me. I don't want to be trying to turn left onto Ohio Street without a stop. Um, so that's just and I know I'm not everyone of course. So, um, my one of my concerns is a business that's not affiliated with Kroger may want their only entrance and exit to be on Ohio Street for accessibility. Um, this

39:22 – 41:22Speaker 1

although it might not sound ideal. It might be the lesser of you know a lesser impact than it could be. Yes. Can you come to the microphone please so we can hear you. Thank you. Like you said you avoid it where we live. There's no other choice. I understand. So I just want to you know if they're taking out Ruth Ruth Russy or out the back to the lane that goes out to Poston or you know you know what are their other options because when you say Max Fueling Station we don't know where that is we know Circle K Turkey Hill Kroger'sville so and and I think certainly they would they would have the option of going I don't I apologize I don't know the name of the road that runs north and south up to Poston Road. Um but it looks from their plans that they they do have options to go that way or to come around to Ruth Rusey to hit the stoplight but as we're seeing they they would also have the option of getting directly onto Ohio Street. So I do appreciate your comments tonight though. Okay. I do have one other thing, a question. You say Max Joing Station. Where is that? There's no signs that say Max. Is that That's circle. That's circle. Okay. And it's going to be on the other side of the street or because it says 30 that even numbers are on the other side. Yeah. This this would this would be across the street from Circle K. Okay.

41:18 – 43:14Speaker 1

So that puts it right there at hold. Yes. [Music] So you know, it's feeling like right now that we're kind of at the mercy of whoever's developing and controlling that. And I just think, you know, they should consider that they've already cut off any entrance or exit on one end and now they want to cut, you know, complicated at the other end, which is already because of the highway and the other filling station that's already there. I understand. I I I will say I mean looking at the parcel as it sits, it's zoned B3 already and there are two current entrances and exits to it. So I I don't know from the city perspective, but if somebody were to build as the plat sits, I don't know what does the city have any authority on those? There's already entrances and exits on the property. There was a daycare there for for a number of years. Okay. Well, I guess I'll have to wait and see. Thank you. Any more comments from the commission? As much as I, you know, feel for the uh feel for you guys being in that

43:13 – 45:11Speaker 1

neighborhood and everything, unfortunately, that area was zoned for commercial development on on the comprehensive plan. Um, and I know it's hard. I know it's hard living back there and I'm sure you've had neighbors and maybe people knocking at your door wanting to buy your house possibly for development and I and I'm and I feel for you. I really do. Um but I don't want to lose Turkey Hill or I'm sorry uh Ker Fuel. I don't want to lose my fuel. Yeah, I I don't want to lose them. And with them could possibly if we decide not to it, we could possibly lose Kroger on top of that. And I sure as heck would hate to lose Kroger. And that's a possibility. It really is. Um, so I'm going to make a motion to approve docket number PC 5013. Oh, I'm sorry. Five, not 2513. We have a motion on the floor to accept docket number PC25013 by Anne Miller. I will second that. Seconded by Steve Bodie. Any discussion before we vote? All those in favor? Mr. Burker? No, I'm just going to raise my hand. You're not going to hear me. So, all those in favor say I. I. I. All those opposed, same sign. Motion carries. Thank you. Our final item tonight is docket number PC25014 reszone from R1 to B1 260 South Malberry

45:08 – 47:06Speaker 1

Street. Owner is Gabriel Britain. Mr. Britain, if you will sign in on the sheet and I'll ask again, Mr. Strader, did the building department receive any required permits, notices? Thank you, sir. I've been uh practicing here for about 15 years. My office is currently at 40 West Washington Street. Uh they're building a new courthouse here. I purchased a house uh adjacent to the new courthouse. It's 300 yards from my current office. Uh I'd like to have it reszone from R1 to B1. I'm a sole practitioner. It'll be pretty low impact. Um yesterday I had no meetings in my office. Today I have one. Tomorrow I have none. Thursday I have none. Friday I have three. So me and an assistant uh work 8 to 5. It'll be quiet, well maintained. I don't think it'll have a bad impact on the neighborhood at all. I also own the house uh down the alley from that house that's uh 239 South Marian Street. So, I also support myself in receiving this zoning variance from that property address. Um, yeah, I've got parking for me and assistant and I don't plan to make any major uh changes to the building, although the portion needs repaired. Do you mean off streetet parking or is that on the street? Mine would be off the street. You and room for two cars off the street. Yes. So, you'd expect your um customers, clients to park on the street, come in. I'm going to When I do the redesign for the porch, I'm going to look into what I can do as far as maybe fitting a couple parking spaces up front. Um, but I'm not sure if I got room for it or not. You mean on the property? Yes.

47:14 – 49:14Speaker 1

Do you have any intention of having rental property there, an apartment or anyone live there? No. Okay. So, the looking at this, the parking is my my only concern with B1. Well, if I read the parking ordinance correctly, it's a spot for each workstation plus one spot for each 300 square foot of building. Um, I don't know how that plays in with with off- streetet parking. And I do know the county there's a parking lot very close to you across the street. Yeah. Parking lot would be across the street. Yeah, there's a parking lot across the street and then there's going to be another parking lot where the construction offices building is right now on the corner of Columbus and Malberry. So your clients could park over there. Yes. Is that public parking now? It's not. That's on the one on the uh east side is, but the one on the west isn't yet. But I think it's going to be parking. My only other thought on this was is it is it appropriate to reszone or would a use variance be more more along the lines because this is I mean it'll be surrounded by current residential property experience. Yeah. I mean, it's immediately surrounded by residential, but everything else around, like I look out

49:12 – 51:12Speaker 1

the back window, I see digital wood carver. I look out the front window. I see the CrossFit and that that's kind of where I I fall and and I and I understand and I don't think I don't have an issue with the use at all. um because I think it I think it is a low impact business and obviously it's an ideal location for it. Um and I know that I mean within a half block of any direction you're looking at different zoning what than what than R1 or R2, I'm sorry. It looks like it's an R2 neighborhood. Um, so I don't know if I don't know if any of the other commissioners have a thought on that or if the city would have a preference, but I I sure don't I I don't think we would I would want to encourage future use of that building to include more uh parking surface on the lot itself. Um I I think that would be a bad idea. It would take away from the the character of the immediate neighborhood homes nearby. Um on street parking andor the two county owned parking lots which are clearly within walking distance maybe are the solution to that. And and yes, Mr. Bodie, that's that's kind of my concern. If we reszone, we're opening the door down the road. I mean, Mr. Britain, if you don't if you no longer own the property, we have a parcel that's zoned B2

51:08 – 53:06Speaker 1

that we B1, I'm sorry, B1 that we probably there's no way to make it work uh in compliance. So, I I think I would have preferred to see this as a as a use variance before the BZA. Any other any other concerns or comments? Mr. Chairman, certainly the city does not want to encourage on street parking. Sure. It appears, Mr. Britain, you could correct us, but it appears there's room on the property for a paid parking area near where you park right now. So that's that would be the city's emphasis on that is off street parking. So, I think we might have think we would have the option of going ahead and making a motion and voting on this or if conditioned upon. Conditioned upon. Yes. um or if Mr. Britain would prefer to withdraw and maybe seek a use variance due to BZA are our two options. Uh what's the what's the condition upon? The uh the recommendation of the plan commission is only advisory. So that they have to go before the city council for the ultimate approval or denial of the reszone request. Okay. I'd like to go ahead and have a vote and then I can follow for use bearings if you guys decline. Should we ask if there's any public comment? Yes. Limited to two minutes or

53:04 – 55:03Speaker 1

three minutes with us. Thank you, Mr. Brit. Yes. Anyone else who would like to speak? Hi, my name is Anna Elliot and I am a neighbor directly to the south. Um, where where do you where you where do you live? 290 South Malbury. Okay. Yep. So, I'm directly next door. Um, and I've really been appreciating the improvements that um has been made to the property. So, I do appreciate that. However, my concern is um I definitely don't want to see any more parking spots on the property or see um take away like the sidewalk in front of it's already chewed up as it is with trees and stuff growing. But I don't really want to see parking spots right in the front yard. I think that would definitely deter from the neighborhood um that I live in. So, and like what was mentioned, every home adjacent or every property adjacent is residential. So, I mean it would be nice. So, I definitely support the idea of a use variance. I think that that sounds like a great idea, especially considering if the property should be sold at any time. Um, you know, I would like to see that go back as a residence instead of being in business in the midst of a bunch of homes. So, um, yep, that's all. Thank you. Is there anyone else? Any additional comments or I'd entertain a motion? I would move that we deny the request um for approval as presented and encourage the petitioner to apply for a use variance. A second. So just a point of clarification, we would because this is a reszone, we are sending this to city council. So we

55:01 – 55:58Speaker 1

would send it to city council with an unfavorable recommendation. Sorry. Thank you. So we have a motion on the floor by Steve Bodie for an unfavorable recommendation to city council. Do we have a second? We did. Mr. Birkhart seconds. Thank you. All those in favor say I. I. I. Oppose. Same sign. Thank you very much. That concludes tonight's meeting. I make a motion that we adjourn. Okay. Motion to adjourn by Ann Miller. Second. Second. Caleb Forester. We are ajourned. The next the next regulation. Okay. I don't care as long as I can get in there. Chambers.

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