The Boone County Area Plan Commission voted on June 3 to forward petition 26 MA-16-058 to the county commissioners with an unfavorable recommendation. The petition requested a zone map change from Local Business to General Business for approximately 3.19 acres at 2996 N State Road 421 in Marion Township to accommodate a proposed gas station and convenience store.
Staff told the commission the Technical Advisory Committee had raised several concerns including the need for a state commercial permit from the health department, a stormwater pollution prevention plan if disturbance exceeds one acre, surveyor-office concerns about drainage and a highway office review about access at the 300/US 421 interchange. Staff recommended an unfavorable recommendation but listed conditions the commissioners could require if they chose to approve the rezoning (parcel consolidation, deeded written commitments and resolution of highway comments).
Chris (Christian) Badger of Badger Engineering, the petitioner’s representative, described a two-parcel site plan that would demolish an existing house, provide right-in/right-out access positioned away from the interchange, include high-end exterior materials and install a long storm sewer (he described running roughly 4,600–6,400 feet of 24-inch pipe along the roadside) to serve the site and future development. "We're going to go ahead and re do that whole width from the center line of the road over to the property," Badger said, and added the team would pursue required permits and a traffic study.
Nearby landowners and their representatives raised concerns. Philip Going, representing an adjoining owner, said the northwest corner owner also intends to build a gas station and warned the corner may not economically support two stations; he also said an adjoining landowner had not received public notice. Dean Barkley questioned why the parcel had been taxed as residential historically and urged the commission to consider neighborhood impacts before changing use.
Commissioners focused on two central issues: infrastructure (the cost and feasibility of creating nearly 5,000 feet of storm drainage and whether the highway department would permit utilities in the right-of-way) and the policy risk of converting Local Business to General Business, which allows broader commercial uses such as hotels, motels or nightclubs. Commissioners discussed whether a written commitment limiting the parcel to a gas station could be required; staff said such a commitment was possible.
After discussion a motion carried to send an unfavorable recommendation to the commissioners. The APC recorded the unfavorable recommendation to the board of commissioners; the roll-call tally was not specified in the public transcript and one member said they did not vote because the matter will come before them later as a commissioner.