Board of Zoning Appeals - Regular Meeting

Good afternoon. It's 4 o'clock. I'm going to call today's pl commission to order. Please join me in the pledgece to the flag of the United States of America to the stands nationisible for all. You all would have all received the minutes from our September 9th meeting. like to entertain a motion to approve those

motion and a second. All in favor say I. I. Oppose. Same sign. Thank you. Uh Mark, first item of business, uh item A, farms at Hickory Bin, drainage plan approval.

Yes, we have a drainage approval for the Farms at Hickory Bin and that is the wedding venue location out on State Road 32. does have a temporary address of 10276 East State Road 32 and it has been reviewed by our reviewer Banning Engineering and u the review uh is included in revisions to the comments that have been submitted and they are recommending approval of the project that is contending contingent on waiverss that have been requested. Also in your packet is the waiver request. So, and there are five waivers. So, we'll need to approve waivers along with this drainage plan. Uh the waivers um are based on some requirements of the ordinance that I'll go through now. U number one is the minimum excuse me minimum wet area pond size. uh we require uh half an acre of any wet pond to be uh to be the bottom to be wet and their uh pond was sized with46 acres. So that is one waiver. Uh waiver number two is 8 foot depth over 50% of wet area and it does not meet that either. The weir freeboard which is the relief at the top. The we freeboard is a release point over the top of the drainage area and the rule requires that the spillway elevation shall be one foot higher than the peak water elevation of of the 100red-year storm event. Uh the required one foot of freeboard is is there only about a half half a foot between the weary elevation and the top of bank. So they're asking for a waiver on that. Number four is the safety ramp. I know our code requires a safety ramp for any retention pond. And then the fifth is

we've had this one before uh the chain link fence requirement. They're asking for waiver. Instead of chain link fence around the pond, they would like to put wood ballards uh between the parking area and the pond. Again, it has been approved as far as uh our review goes from our engineer. Uh but with these waivers,

does the board have any additional questions for Mark? Being none, I'd like to request a motion to approve the drainage plan first and then I'll motion to approve the waiverss. Okay, we can do them all together. So, I will make a motion to approve the drainage plan and the waiverss for farms at Hickory Bend. Motion is second. All in favor say I. I. Oppose. Same sign. Thank you. Mark item D.

Yeah. Your second item here is of the same development project and this is your development plan review 2025-3. Again the petitioner is the farms of Hickory Bend. Location is again 10276 East State Road 32. And it the type of case is the development plan review and the standard is ministerial. The location is you know on state road 32 half a mile east of 975 east on state on state road 32. The subject site is an 8 acre site. The property currently is agrow crop and eight acres in total and it was zoned u by the plan commission and the commissioners RZ 20224-3. Uh the zoning is the proposed property is commercial uh to the north or agricultural to the west is mostly a to the south is a and residential and to the east is a and residential. The action requested is a request for the approval of the development plan. Uh the staff review on ordinances development plan review meets the standards of the zoning ordinance. There is a flood plane area on the property which the development will not encroach. uh storm water drainage. Again, that drainage plan uh was here on your agenda today and it is now approved by the drain by the plan commission and uh street design not evaluated by McGomery County Street standards because it is not a McGomery County street and its access is off of state road. Uh it will have on-site septic and on-site water and all other applicable plans. The proposed is compliant with associated recommendations of McGomery County.

So staff does recommend approval of the plan review DPR 2025-3. Thank you, Mark. Board have any additional questions? Does the petitioner have anything to add? Okay, thank you. At this time at 406, I'll open the public hearing for public comment. Being none, the hearing's closed at 406. like a motion to approve the farms of Hickory Ben development plan review.

Have a motion. Second. Motion second. All in favor say I. I. Oppos. Same sign.

Have a question. When we approved that, we approved that with limitations. Yeah, the what you're what you're making a decision about today is just simply the development plan itself, the site plan you see ahead of you, any conditions that you impose during the reasoning process remain. Item C. Mark. And this should be familiar. We have RZ2025-4. The petitioner is DG Partner LLC. Um the owner still is Byron Fugate because as you know we have a subdivision on this property that's ready for final plat. Uh the location is the 11,000 block of US 231 and the type of case is reszone from a to commercial and your standard is discretionary. Today you'll conduct a public hearing to consider a reszone from A to Commercial. Parcel is located on the northeast corner of US 231 and 1100 North. Again, the parcel is when the subdivision process right now, which is a 2.5 acre site. The parcels currently uses real crop agricultural and adjacent properties are agricultural property and lowdensity residential adjacent to the

property. Um, this is situated just out the outside the town, excuse me, the town limits of Lynon, which on the screen, this is 1100 North. This is 231. Uh, the proposed purpose for the reszone of the property is for Dollar General Store. Access to the property is designed to be accessed from 1100 North. The planned access meets the requirements uh for zoning for separation. Uh the location of the entrance is around 120 to 130 ft from the intersection with the traffic on 231 and a short distance to the entrance. Staff does recommend traffic study of the intersection of 231 and 1100 north. Uh staff also would recommend paving of 1100 north in the frontage of the property. The property does the property does not have any special flood hazard area, but it does however have a gas transmission line that pro it runs approximately 80 ft east of US 231 running parallel to 231. The pro the proposed use will be connected to the town of Lynen utilities for sewer and water and the other ordinances can be achieved as such as the address numbering system. Uh the petition along with the plan commission recommendation would be forwarded to the McGomery County Commissioners for final decision on zoning classification. Table A use table requires convenience stores to be zoned commercial. Commercial bulk standards include landscaping, lighting, parking and signage and the proposed use can meet the bulk standard requirements for lot size and frontage and setbacks. You also have your factors to be considered. All five. Staff recommends

the plan commission send a favorable recommendation to the commissioners with one or all of the following conditions. That would be up to the plan commission. A traffic study paving of 1100 North reszone application store only. No other commercial uses allowed. and staff does recommend possibly using uh hours of operation from 7 am to 11 pm.

Is your recommendation of paving 1100 is that just to the site of the just to the entrance the frontage uh which is more than to the entrance. Uh but again that's that's something you know the traffic study or paving of 1100 that' be up to your discretion on which you would want to make that condition. I'm putting them out there as possibilities. Um the traffic traffic study is warranted. If you think of 231 and then the amount of traffic on 1100 going to the west, um there's no turning there's no there is a I guess there is a blister there at 1100 on northbound at 1100. Uh but for the purposes of this, we would like to know what INDOT would like to see at that location as well as what uh our highway would like to see. And I know after talking to the highway director that paving at least to the entrance would be a big help there. So, you know, I would say paving the frontage of that would would make sense. Knock down desks and things like that. So, those are just some recommendations from from staff on possible conditions that could be put on the property.

Thank you. the entire stretch and that falls on the county responsibility developers. Well, at this point, we're not INDOT's not going to concern themselves with the with 1100. Uh they might say the approach needs to be paved. I have seen that in some of their traffic studies. INDOT's going to look at 231 and any del lanes that might be needed in that area. Um, so it's an INDOT, not a county. Yes. The study is more for the intersection of 231 on 1100 North,

but the county absorbs cost of the paving. No. And not this. No, we're not. No, it'd be it'd be the developer investor engineers. They are here. Any other questions amongst the board?

It is this dashed blue or green line right here. And this is for reference. I mean we don't know the exact location of that. Obviously that would be done during development and there is setback to that. Does the petitioner have anything to add to this?

Thank you. So at 4:14 we're going to open the public hearing for um resone from egg to commercial. Public hearing is closed at 4:14. We have a motion from the board to reszone the site from agriculture to commercial. We have a motion. Second motion and a second. All in favor say I. I. Oppose. Same sign. Steve Campfield. Moving on to item D, SD 2025-9, drainage plan approval request. Yes, I had drainage on on the agenda for for this uh development site as well as the final plat. Uh this is the drainage for that property. And uh we just received comments uh last week on the drainage and they do have um five

different comments to address. So um I am not ready to approve that with the plan commission yet. Uh until they do address these comments and we get an approval letter from our reviewing engineer, but I did have it on there thinking that we would have that. Oh, yes, we could do that. We can continue that drainage approval to the next meeting.

Okay. I'm I move that we continue to the next meeting in front of me. SD 2025-9. Yes. So Steve's made that motion. Do we have a second? All in favor say I.

I. Oppose. Same sign. Item E, SD 2025-9, the public hearing for the Fugate subdivision. So again the same same development here um as we had in the reszone and the drainage uh and this is this is for a final plat approval. Um the applicant is the Byron Fugate DJ DG Partners LLC and the owner is Byron Fuggate. Property location is 1100 I'm sorry 11,000 block of US 231. Again, your land use and zoning is agricultural rowcrop. Existing zoning is a and the property is part of a 68 acre parcel. The petitioner does request final plat approval of the fugate subdivision plat. And the proposed plat splits one parcel of 2.524 for a development site. the road system. The property does access at 1100 North and the land use ordinances, the zoning ordinance, uh the proposed meets the general requirements of zoning ordinance. Um specifically, it addresses the type of development. Um plan commission could ask for commitments through the reszone, which we've already done in the north side of 1100 north and develop area of 1100 north. It does have a 30foot uh right of way. Special flood hazard area isn't located on the property. No wetlands delineated. The drainage, the storm water drainage is in review right now. Uh we should have that uh within the next week or so. I would say

based on these based on this information, the plat has not changed since preliminary. Uh staff does recommend either giving approval uh once the drainage has drainage approval has been obtained. So staff does recommend giving final plat approval uh but not signing the plat until drainage has been approval has been obtained. I have a question on the property location. Is it actually 11,000 or 1100? Okay,00. All right. I just clarify. Thank you. Does the board have any other questions?

Uh what Mark is suggesting is that you make the approval of the final plat subject to drainage approval. Those words would be Does the pet petitioner have anything to add on this?

Okay, at 4:20 we're going to open the public hearing. 4:20 hearing closed. I'd like to look or do we have a motion to approve if you get subdivision plat contingent on the I move to approve subject on the drainage approval

I'll second that all in favor say I oppose same Last item of business, SD 2021-1, public hearing for the Pineh Hill subdivision. So this case is SD 2021-1 and this is to consider the final plat approval of the Pine Hill subdivision. The applicant is Ratcliffe Homes. The property location is 3.6 6 miles south of US 230 south on US 231. The parcel is east of 231 just north of airport road which is 400 south. The existing land use is a and residential and the neighboring properties are a and residential. We first heard this in late 2021 and the petitioner decided at we gave secondary plat approval and so the petitioner uh decided to put the infrastructure in before asking for final plat approval. So we're here today for final plat

approval of this uh 11 lot subdivision. The plat has not changed. Uh but the plat does have delineations of easement on it that did not have at preliminary. But these easements are because of there are three single family dwelling plots that did exist prior to this subdivision and they had a private entrance as you can see this gravel road and the one one entrance here of Pine Hills Court goes back to Culdeac that has all been installed at this point and the already installed as well. So, this subdivision is is ready. It's infrastructure is in u. So, like I said, the only changes to this are the easements delineated to the back part of the property that give access to these three homes to the Pine Hills Court. And based on the information, staff does recommend approval and signing of the final plot. Yeah, plat one is missing. Does the board have any additional questions?

Going to open the public hearing at 4:24.

Yes. Yeah, the board took jurisdiction of that in 2022 and from my understanding it included the pond, the pipes and the lead out swells that were part of the drainage plan.

I mean, as far as my understanding, it is a regulated drain now. So, there's no there's no add step that requires that turnover. Once we establish it, it's our it's our baby at that point. Any additional questions or comment? Public hearing is now closed at 4:25. We have a motion on the Pine Hill subdivision to approve. A motion, a second. All in favor say I.

I. Oppose. Same sign. Any other business?

Yes, we our next meeting is on November 11th. That is a holiday. Um, so we have several meetings that fell on that and everyone has moved uh their meetings. We'll need to move our meeting either to Monday the 10th or Thursday the 13th is available or the following Tuesday which is the 18th to accommodate the holiday work that you're out of town the whole week. Okay Steve Tom, you get that's the 10th at 4 o'clock.

I make a motion to have our next plan commission meeting on November 10th at 4 p.m. Second. All in favor say I. Oppos. Okay. Thank you everybody. Meeting is now adjourned.