Warsaw City Council unanimously denied Meijer's rezoning request Monday.

The request was to rezone 41.65 acres to special commercial (C5) to build a store at 900 Husky Trail, along Patterson Road. The Warsaw Plan Commission's unanimous recommendation April 10 to deny the petition foreshadowed the city council's decision.

Meijer's attorney, Steve Snyder, discussed "modifications to the proposal."

The modifications, requested by the city council at April's meeting, included a revised traffic study and a less intense site plan.

Snyder presented a less intense site plan consisting of a reduction in store size from 80,000 square feet to 30,000 square feet. Snyder also explained differences between a plan including a Meijer store with outlots and a Meijer store without outlots.

He said there was "not a significant difference in traffic" between the two plans at "peak hour" from 5 p.m. to 6 p.m.

Traffic has been a large issue from the beginning of the proposal, not only for adjoining neighbors to the property, but also for city council members.

A traffic study was conducted and presented by Ted Andrews, representative for Woolpert, Indianapolis, and hired by Meijer, at the April 10 plan commission meeting. Woolpert and Snyder also revealed changes in the traffic study last night.

Snyder said a "drive-in restaurant has been changed to a sit-down restaurant (which) reduces traffic significantly."

Snyder also said the traffic problem currently exists without Meijer and "anything would be smooth compared to what it is now."

Specifically, he said, they looked at establishing additional buffers on the east and north sides of the property. Snyder also said a gas station was "now further south."

"We've made every attempt to far exceed the landscaping requirements in the zoning ordinance," Snyder said.

He said "once the development plan is approved," they would look at reducing lot coverage of outlots.

"Typically," Snyder said, "roughly 95 percent is covered (with outlots)," with the outlots consisting of parking lot, building and sidewalks.

"Meijer has agreed to reduce (the coverage) to 70 percent. That's 30 percent green space," Snyder said.

He also said they "attempted to take out those uses we felt inappropriate."

Possible uses for the outlots included a bank, offices, bicycle store, beauty shop and barber shop.

"We're not opening this up to the typical uses you might find in a C3 or C4," Snyder said. "I think that is about as restrictive as you will find in commercial (zoning) in the city of Warsaw."

Snyder also said only one diesel pump was planned. He said the gas station was "not being developed as commercial gas," instead, it was being developed as "residential pumps."

Using residential pumps means "it would take a trucker probably four times as long (to fill his tanks) because he can't fill both tanks at once (with residential pumps)."

"We think we've solved that problem," Snyder said. "Nobody will want to fight two stop lights and a turning radius (where a trucker) can just barely make it."

Snyder also said an additional buffer zone has been "created down toward Normandy Lane." That way, Snyder said, the people living on the south side will have some blockage from the proposed business, and the buffer zones on the north and east have been modified to include 6- foot tall trees on a 4-foot mound and 40-foot trees.

The buffer zone would consist of eastern white pine in staggered rows to result in "permanent, quickest, full-screen cover."

"I believe we've shown you that Meijer can be a good neighbor," Snyder said.

He said with the modifications they are able to "encourage commercial activity within a reasonable distance," and he believes the property "is a logical place while maintaining reasonable distance from residents."

"This is the most viable tract for this development," Snyder said. "I think we meet the requirements, the tests you (city council) have imposed on yourselves (and us)."

Snyder said they complied and "backed off the intensity."

"We can't back off completely," Snyder said, "but we can (save you) 45,000 square feet. I think the opportunity is here to grab ahold of development and control it while you can."

City council member Joe Thallemer said the modified plan proposed was "not a 45,000-square-foot reduction." He said it totaled only 31,000 square feet.

"(It's) 45,000 square feet in retail," Snyder said. "It's the difference in use that generates the reduction."

An example of the reduction includes changing the drive-through restaurant to a sit-down restaurant. Snyder said this change reduces the amount of traffic.

Thallemer also asked questions requiring a specific number-response. When Snyder didn't have an immediate answer, Thallemer replied: "I thought you would have had that information available."

Snyder said Andrews was calculating the answer as he spoke and the information he did have was what the council asked for at April's meeting: a site plan with "no build-out," a site plan with Meijer only and a site plan with Meijer and outlots.

"We gave it to you in three phases so you can compare," Snyder said.

Council members then opened the meeting up to the public. One Warsaw resident, Jeff Bridge, spoke in favor of Meijer.

"I think Meijer should come in," Bridge said. "Meijer is a community leader."

Bridge said there is "too much negativity in this town" regarding Meijer. He said if Meijer didn't move in there, a tattoo parlor or cigarette store could move there.

"(We) need to realize the benefits (that Meijer can bring)," Bridge said.

Seven Warsaw residents spoke against Meijer.

Tony Silveus passed out a petition of 114 local business owners' signatures "that all are very, very concerned."

Local businesses are afraid a Meijer store will put them out of business, he said.

"They, big box stores, crush small business people," Silveus said. "They put them out of business."

Paul Refior, Kip Tom, Carleton Southworth, Jo Patchkowski, Charles Woodling and Linda Russel also spoke out against Meijer.

Snyder said the council needs to look at what benefits "the community as a whole, not just what pleases the immediate neighbors."

He also said, "Meijer is one of the most respected old-line businesses."

But despite Snyder's attempts, council members were not convinced Meijer would benefit the "whole community."

"In fact," Thallemer said, "it (modified site plan) looks more intense to me. (There are) 55 more trips per peak hour with the new proposal than the old proposal. I'm a little confused."

"I'm still not buying into the proposal," council member Jeff Grose said.

Grose asked members to "explain to me why we should pass this proposal. I would value your thoughts and opinions."

Council members were silent.

Grose made the motion to deny Meijer's rezoning petition. Thallemer seconded it and members unanimously voted to deny the petition.

The Warsaw City Council includes: Mayor Ernie Wiggins, president Jerry Patterson, Joe Thallemer, Trish Brown, Jeff Grose, Charlie Smith, Paul Siebenmorgen and Bill Rhoades. [[In-content Ad]]