PETITIONS CONTINUES TO NOVEMBER 16, 2015 PUBLIC HEARING

PLAINFIELD BOARD OF ZONING APPEALS October 19, 2015, 7:00 p.m. CALL TO ORDER Mr. Monnett: The Board of Zoning Appeals meeting for October 19, 2015. ROLL CALL/DETERMINATION OF QUORUM Mr. Monnett: I will now ask our Board Secretary to have roll call for determination of a quorum. Mr. Klinger: Mr. Brouillard- here Ms. Duffer- here Mr. Monnett- here Mr. Cavanaugh- here Mr. Gibbs- here All present, we have a quorum. PLEDGE OF ALLEGIANCE Mr. Monnett: Would you all please rise for the Pledge of Allegiance. APPROVAL OF MINUTES (September 21, 2015) Mr. Monnett: I will now entertain a motion for acceptance and or approval to our minutes from our board meeting on September 21, 2015. Mr. Gibbs: So moved. Mr. Brouillard: Second. Mr. Monnett: I have a motion and a second, all in favor say aye, thank you. OATH OF TESTIMONY Mr. Daniel administered the Oath of Testimony. PUBLIC HEARINGS Mr. Monnett reviewed the Guidelines Governing the Conduct of Public Hearings. PETITIONS CONTINUES TO NOVEMBER 16, 2015 PUBLIC HEARING Mr. Monnett: We have continuation petition of BZA-15-005, Carmike Motion Pictures. Mr. James: Good evening Mr. Chairman and the Board. Yes the Plan Commission is going to hear the Carmike s petition to amend the Metropolis PUD Ordinance again November 2 nd so they asked to continue their petition again to the November meeting. Mr. Gibbs: I move that we continue BZA-15-005 for Carmike. Plainfield Board of Zoning Appeals 10-19-15 1

Ms. Duffer: I will second. Mr. Monnett: I have a motion by Mr. Gibbs and a second by Ms. Duffer. Mr. Klinger will you please make roll call? Mr. Klinger: Motion carries 5-0. Mr. Brouillard- yes Ms. Gibbs- yes Mr. Monnett- yes Mr. Cavanaugh- yes Mr. Gibbs- yes PETITIONS FOR PUBLIC HEARING Mr. Monnett: Our next petition for public hearing for public hearing is BZA-15-008, KLC Realty. Mr. James: This petition is a special exception to allow prepackaged alcoholic beverage sales for a proposed 7,000 square foot liquor stores zoned General Commercial in lots 1B and 2 of the Plainfield Business Center Commercial subdivision. This location is north of Hartford Avenue between State Road 267 and Cambridge Way. It is north of the Waffle House. Here is the site right here. It is the total of 3.3 acres. Here is 267, Hartford Avenue and Cambridge Way and this is Reeves Road up here. The petitioner owns Payless Liquors and it has bought the adjacent Parsley s Liquor Store and license, so we would like to move the Parsley s license to this location. The petitioner is proposing the 7,125 square foot liquor store and a 14,000 multi tenant retail building as it combined a shopping center on a 3.3 acres site. In order to seek the Special exception for the liquor store before moving forward with the Gateway Corridor development approvals. Here is the site; this is the Waffle House right here. Here is Thornton s, and then what used to be Three Pints. There is a house in the Ag district here, church here, and this is the Cumberland Trace Assisted Living facility, the high school here, warehouse here. Here is a proposed site plan; you combine 2 lots 3.3 acres. Again Waffle House will be down here, here is 267 and so the liquor store would be the southern building, the 7,000 square feet and then the 14,000 square foot retail shopping building and then the house up here in the Ag zoning. So it would be a combined shopping area with shared parking. The 14,000 square foot retail building would be between the liquor stores and the homes on Ag, but the property where the house is zoned Ag is slated for mixed use office commercial use. Then all the other surrounding zoning is GC. South of the Waffle House is the Thornton s Gas Convenience Market, which already sells pre packaged beer and wine. Then the liquor license needed from the Indiana Alcohol and Tobacco Commission for this site was obtained when the Parsley s Liquor Store and license was bought. So with that, I will have a seat and there are representatives here representing the petitioner. Mr. Hall: Good evening and thank you for having us. My name is William Hall with Crossroad Engineers at 3417 Sherman Drive, Beech Grove, Indiana 46107. Today we are here on behalf of KLC Realty for a proposed Payless Liquor Store and stripe retail commercial building. Today we would like to formally request the special exception for the use of a prepackaged liquor store in a General Commercial zoning Plainfield Board of Zoning Appeals 10-19-15 2

district. It has already been noticed the site is located on the southeast side of town by State Road 267 and Cambridge Way. There is the overall parcels with lot 1B and lot 2. As Joe showed this is the conceptual plan the same thing that he had put up there. Lot 1B is on the south side of the parcel and then lot 2 is on the northern parcel. Again the development will be a 7,125 square foot liquor store and a 14,000 square foot retail building. Kind of going through some of your criteria here, for the findings of fact, the proposed use is in authorized land use with a special exception per the Plainfield Zoning Ordinance. It is consistent with the future land use of the comprehension plan that shows the mixed office and commercial district. Also the use is consistent with multiple uses within the close proximity, so there are 4 or 5 different uses that also sell the prepackaged liquor in the same close proximity. For these reasons the granting of the special exception is not detrimental to public safety, health or welfare. So again we are consistent with the comp plan. Also when looking at the adjacent properties as we noted the entire area is largely general commercial with this small piece of Agriculture up to the north. The agriculture does not fit the comp plan in the future land use map being commercial. Also in very close proximity the Plainfield Discount Liquors, Thornton s, Black Swan Brew Pub, the Winery, and Three Pints that closed all very similar use as ours. So again I feel that granting of this special exception will not be injurious to the future land use of the adjacent parcels either. This is the map that kind of shows just how close proximity all the other similar uses as ours. Finally just kind of the character of the district and the comprehensive plan, we ve touched on it similarly it is consistent with other developments in the close proximity and it meets the comp plan and the intention of the comp plan with the lower intensity commercial use. Again tonight we are requesting approval of a special exception for a packaged liquor store in a general commercial zoning district. Thank you for entertaining us tonight and any questions that you might have we would be interested in answering those for you. Mr. Monnett: Any questions at this time? I don t have any at this time. If there is anyone that would like to speak for or against please come forward at this time. Mr. Thompson: Hello my name is Doug Thompson, 5975 Cambridge Way, Plainfield. I am here tonight to remonstrate against this petition. I am here to represent not only myself but also some people here in the audience, some citizens if you could be acknowledge by raising your hand. We are here to remonstrate against the petition for a couple of different reasons. We find that there are some compelling reasons to not allow this relocation of this license. I want it to be known that I am not against them relocating. I am just against relocating to this location specifically. The main reason is that it is right from my perspective and from many of many local people in the community; the perspective is they are right across from the High School. From this location you can see the high school visually. It will be the closest liquor license establishment to the high school. There are currently 6 retail licenses out in that area already, so it is already somewhat saturated and adding a 7 th doesn t necessarily make sense to us and to have it be the closest store to the high school definitely doesn t make sense. The other main aspect of being close to the high school is unfortunately the store that is wanting to be relocated has had a Plainfield Board of Zoning Appeals 10-19-15 3

history of 3 violations of selling to minors in the past 15 months. None of the other licenses out in this community out in that area have any violations. The Parsley s Liquor Store has 3 dating back to I think June of last year. I just don t think that it is the proper thing for the community to have a liquor store located that close to the high school and especially one that has shown that they have had situations that they have sold to minors. A second compelling reason I feel as that our community has been underserved over the past 10-15 years because our liquor licenses have been, for the lack of a better word, not evenly distributed in our community. They have been right next to each other for many years on US 40 and until one store moved out, the Plainfield Discount Liquors out towards the interstate. Up until that point and time you had 3 stores that were all pretty much a couple of golf shots away from each other. Once that store moved, that helped our market satisfy and serve the community. Now we have 2 licenses that are right next to each other that don t need to be next to each other. So I am in favor of them moving the license but I don t think that it needs to go in front of the high school. There are better places within our community with the growth out on the west side of town on US 40 that could utilize and need a package liquor store license, even on the east side of US 40, either east or west would present better opportunities to distribute the liquor licenses in our community, rather than out in front of the high school. If it goes in front of the high school you would have then 3 liquor licenses for packaged liquor stores all 3 within one mile. It just doesn t really make good community sense or good business sense to put all of these licenses or eggs in one basket. It would do better for our community to spread this out and maximize growth in areas such as the west side. Then protect our high school students by not putting the store directly in front of the high school. I will take any questions. Did you receive a packet that I sent out? Thank you. Mr. Monnett: If there is anyone else in the audience that would like to come up and speak for or against this petition, please do so. Mr. Key: First of all my name is Charles Key; my address is 3825 South E Street, Indianapolis, Indiana 46227. I have a tremendous investment in the Town of Plainfield. I have millions of dollars worth of property that I want to see the town grow. I own 25 acres at the corner of 300 and 267. The southeast corner is all owned by my wife and I. I own everything south of Stoops on 267 on the east side of the street. For that reason I am very concerned about the lack of growth on 267. I was by Parsley s to come and buy their store after Doug here refused to make a viable offer. I did not pursue the location or anything, they had to get the estate settled and the court was putting a tremendous amount of pressure on them. In looking at the town I see a weakness in the 267 and 70 intersection, I see lack of growth, lack of sales of property and along with that it affects my property, that I have approximately 11 or 12 acres, everything south of Stoops. I own everything except the one little corner of Reeves Road that goes with the ABC Warehouse. My intent is to try and develop that parcel but in order to get that parcel developed I have got to feel comfortable with the growth of the area and the fact that we will have enough business opportunities to support the growth that is needed on 267. Most of the growth in Plainfield as you know is going on east of 40 around Metropolis. There is very little growth on 267, hardly any at all. The other situation is if the east on 40 was a good location for a Plainfield Board of Zoning Appeals 10-19-15 4

package store, why did Doug move? Secondly as I said and I wanted to make sure that you realize, I am in the liquor store business and I am in the real estate business. My wife and I presently have under construction and completed an excess of 15 million dollars worth of real estate development in the Town of Carmel without any problems whatsoever. So we are a very quality developer, you can go into Carmel and I have 68,000 square feet under construction in Carmel all anchored by a 10,000 square foot liquor store. They have no problem no nothing. There was never any questions on any of it. So the liquor store business is competitive, it is extremely competitive. I do own 25 locations I will sit here and tell you. But my goal with this development, the 2 stores don t need to be together over on US 40. My intent originally is to move the Parsley s Liquors out and then remodel the store on the corner. I don t know which way for sure I will go but one thing is for sure something is going to happen on that corner of Elm Street and Highway 40. I am either going to enlarge that store, which is no problem and I do that by moving the laundry mat out and remodel that corner. So there is a lot of development that I want to get going in Plainfield area to help me offset my over 5 million in cash I have out here. I am not here to hurt the Plainfield development; I am here to try to spur some more interest on South 267. I want to be honest with you when I am investing this kind of money and this type of investment within this community I feel you should recognize me as a quality investor and not a one store operator that doesn t do anything except run the one store take the profit and spends it in Indianapolis. Secondly I would like to say this; Doug Thompson is a competitor he was turned down twice on the purchase of Parsley s Liquors. They then shut off all future communications with Doug because he was trying to steal the store. I received the call from the attorney, they asked me what I would consider a viable offer, I quoted them a price and they said let s do it. I was very fair with them, no realtor, nobody. I wasn t looking for Parsley s Liquors; the estate had to be settled. I don t need two stores next to each other. I apologize I get a little nervous when I speak in front of people. The other things I do own those two properties, I need to do something hopefully to spur growth down on the south end of 267 and down the road I have got to figure out how to develop about 11 acres, and I think the sign says 8. I do have an idea of how it can be done but I want to get one step out of pod to get it done. I did read everything, I don t think I have any other questions; yes I do have one statement I want to make. Doug Thompson is a liar and I can prove it by going and checking the excise violations on Parsley s liquors, he said since June of last year that had been 3 citations that is a blatant lie; I can t phrase it any other way. I can go pull the ABC records and I will be glad to email each of them if you supply me your email address and I will get the ABC reports and email every one of them to you. I don t know why someone would come up in front of a Council and lie about something that has not happened. There has been 1, I won t argue that and what it was we had trained a new kid, it was his second day of work and he didn t ask the clerk for an ID and it was a setup by the excise. I will sit here and tell you that, they are allowed to do that. That is exactly correct, but there has never been another violation there I guarantee you, I pay them I know what I am talking about. I don t understand why a competitor would come before this Council and lie about something like that that I can prove to be unjust. I am a good operator, we are the biggest in Indianapolis by far, we are very aggressive with our pricing and very aggressive by the product we Plainfield Board of Zoning Appeals 10-19-15 5

display and the product we sell and I hate to say it but I will go back to Carmel, we are putting up 60,000 square feet right now, I have a liquor store going in there, it is already open. All of my parcels are developed with a liquor store commitment. If I could have made all of these buildings in one row they would have been there. I can t do it because of the easement between the two parcels. There is a drainage easement that goes through there, so I had to break them up. That is the only thing I had to say, but I would appreciate the Board considering my transfer location and then we can go from there, because I do have and you can add it up, 25 acres at State Road 267 and 300, the 11 acres through here the 2 buildings over there, the almost 4 acres here. You can see why I am concerned of the growth of Plainfield; I am looking for the good of Plainfield. With that, that is all I have, are there any questions? Mr. Monnett: If there is anyone else in the audience that would like to come and speak for or against this petition, please do. Mr. Key: I would like to make one request though, if these people that are here remonstrating if property owners, I should know them as a property owner not a tenant leasing something. There is a difference of a tenant and another parcel. There is not a one of them that lives within 2 miles in here. I don t know who they are, but I will make that statement and you can verify it. Mr. Monnett: Is there anyone else that would like to come up and speak for or against this petition? Mr. Slaughter: Chase Slaughter, 172 Ramsey Lane, which I believe puts me well within a half of a mile of the proposed liquor store. I am strongly opposed only because of its location and approximately to the high school. I am a good Quaker; I am a youth leader as a hobby and deal with high school kids all the time. I just do not think that putting a liquor store in front of the high school is the best idea and I did not plan on speaking but I do want to make clear that I am a property owner within less than a mile of the proposed location. Mr. Monnett: Is there anyone else that would like to speak for or against this petition? Mr. Thompson: Since Mr. Key mentioned some things concerning me and my business, my opportunity and integrity I thought I should give some information to you that I used to make my claims. First off I am not against Charlie moving one of his licenses; I am against him moving it to this location because of its proximity to the school. As I had mentioned before there were certain situations in the past 15 months where there were 3 violations. I pulled the information off of the ABC s website and I have copied it and put it on the documents there that clearly show the Parsley s and Payless on the violations serving to minors. So I would just like to address that issue from what Mr. Key had claimed that I was a liar, I am not a liar and you have the information in your hand. Second he made a statement concerning the fact that I was turned down for trying to buy Parsley s, it is true, I put in an offer, he countered, I put in another offer, countered, they were requesting that I buy the land. I didn t want to buy the building because it was right next to another liquor store. It serves me no good to buy the land and the license and operate next to another liquor Plainfield Board of Zoning Appeals 10-19-15 6

store with the intention of wanting to move the store either further west or further east. So I put in an offer, a very valid fair offer actually if you take the real estate component out of Charlie s offer and compare with mine it was very favorable because they wanted to sell the land and get out from under that situation. So at that point and time I did no win that purchase, Charlie did. I think that should answer some of the situations that Charlie had stated. Any questions? Mr. Brouillard: I do have a question. This alcohol violation sheet, I am not familiar with this format, the one dated 9-24 that is the second set of data, and I don t see where that says minor. I know there are violations but I don t see where it says furnishing alcohol to a minor in that second one. Mr. Thompson: You are correct; I apologize from that aspect of it. There were 2 violations for serving to minors on 9-9 and then 6-13 of 2014, and then the violation on September of 2014. But again I have been in operation at the current location in Plainfield out towards the interstate for 15 years and I have had zero infractions, violations from excise in 15 years. I had zero when I was on US 40. I moved from that location on US 40 because it made no sense to have 3 stores within a quarter of a mile. So I moved the license back 15 years ago, and again I have zero violations, and they have had 3, 2 selling to minors I didn t go back more than a year and a half and that is the record. Thank you for your time. Mr. Monnett: Thank you, is there anyone else? Mr. Hall: Just a real quick rebuttal again. Just to address the proximity to the high school, I think from a driving distance actually to get to the liquor store from the high school it is probably no greater distance between the Plainfield Discount Liquors either from entrance to entrance. There is an entrance to the south of the high school as well, just west of the Black Swan Brew Pub, from a driving distance or to get the liquor store from the high school it is very similar proximity. Then also similarity with Black Swan Brew Pub being right down the street from the entrance to the high school and the access road back to the high school as well. A lot of things were discussed about the proximity of the proposed liquor store and I think it is all a similar vicinity and same distance from access to the high school. Thank you. Mr. Monnett: Would anyone else like to speak? Mr. Key: I would like to know if you have the information, I don t have it, I could go downtown and get it, but the date of the violations if you would, it is all public record, could one of you verify the dates of those because I did not have this in June of 2014, I didn t take over the store. 9-09-2015, that was not my violation that happened before I took over the store that was under Parsley s ownership. 9-24-14 that was under Parsley s also. Then we had 6-13 of 2014 that was not mine, I took over the location on a (inaudible) agreement in October of 2014. So if you look at those dates, you will see the very date 9-09-2015 that happened in October of 2014 the day after we took over and it is correct and we did pay the fine 9-9-2015, that is when that was paid. But on 9-9-2015 mandatory carding, that was on the same date that was all one violation. I would like for you Plainfield Board of Zoning Appeals 10-19-15 7

to reference that as one violation and I will take responsibility for that, but the 2014 s they were not mine. You can read the difference Payless Liquors DBA Parsley s, and that was the young kid as I stated earlier situation that didn t ID even though we had the registers set up to enter the birth date. Secondly the state law on distance from a school or church from the property boundaries is 200. This exceeds 1,500. It is a non-issue on that property other than your personal preferences. From a legal point of view it is a non-issue. I put a store in a Rockville and Lynhurst it was 212 building to building and there was no problem but I do operate in a very upscale, modern store. 7,200 square foot liquor store in Plainfield would be an asset for people who like to get product. Thank you. Ms. Slaughter: Carolyn Slaughter: 1768 S. Center Street in Plainfield. I have lived there for 27 years and I have always been a property owner. I have lived in this town since I was 5 years old. Again I really don t care where they are located; I do have a little bit of a problem with the high school proximity that was my son that spoke earlier. I think it is interesting, Chase is not a big drinker at all, like he said he is in charge of the youth group at his church, he is the Trustee at his church. It is things like that that make a difference in what we are talking about a school and a church, and I don t care how many feet it is. The thing that comes to my mind is Plainfield has been fortunate with no school shootings nothing like that, God willing nothing like that will ever happen here, but I just don t think it is a good practice to put something where it is right there. Thank you. Mr. Monnett: Anyone else like to speak for or against this petition? Seeing none I will open this to our Board for discussion, questions, or a possible motion. Mr. Gibbs: Joe did we hear anything from the church out there at all? Mr. James: The only comment we received was from this discussion. Mr. Cavanaugh: I will start with a comment. We heard a lot of interested parties speaking for one particular reason or another, but my particular focus is what is on what is allowed by Ordinance and what is the process for approval though the Town Regulations. We have a complying request although the project is not active yet, but we have a compliant request and it is a permitted use in the zone, we are not close to any proximity requirements and I for one am in favor of this, I think it is a compliant request that I cannot find a good reason to deny it. Ms. Duffer: I would have to concur with Kevin. Mr. Cavanaugh: If there is no further discussion, I am prepared to make a motion. I move that that the Board of Zoning Appeals approve BZA-15-008 as filed by KLC Realty LLC, requesting a special exception to allow prepackaged alcoholic beverage sales to a proposed 7,125 square foot liquor store on lots 1B and 2 of the Plainfield Business Center zoned GC, subject to the following conditions. 1. Approval is limited to this site and shall not be transferred to another location or owner. 2. Subject to approval of the Development Plan by the Plainfield Plan Commission for the proposed 7,125 square foot liquor Plainfield Board of Zoning Appeals 10-19-15 8

store. Ms. Duffer: I will second. Mr. Monnett: I have a motion by Mr. Cavanaugh and a second by Ms. Duffer. Mr. Klinger would you please poll the Board? Mr. Klinger: Motion carries 4-1. Mr. Brouillard- yes Ms. Duffer- yes Mr. Monnett- yes Mr. Cavanaugh- yes Mr. Gibbs- no OLD BUSINESS/NEW BUSINESS Mr. Monnett: Any old business or new business? Mr. James: No that is all that we have for tonight. ADJOURNMENT Mr. Monnett: Motion for adjournment Ms. Duffer: So move. Mr. Cavanaugh: Second. Plainfield Board of Zoning Appeals 10-19-15 9