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County conditionally approves Kroger store and fuel center plans; legal drain relocation flagged

3840884 · June 16, 2025
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Summary

Boone County approved plans for a Kroger store and separate fuel center—subject to final engineering and surveyor review—and required the developer to acknowledge responsibility for any future work on a legal drain that will be relocated into the parking area.

Boone County approved the site and drainage plans for a proposed Kroger store and a separate fuel center, with conditions including final review by county engineers and a written commitment regarding a legal drain on Center Drive.

Carrie Daley of Christopher Burke Engineering said the store will sit on roughly 13 acres on the south side of Center Drive east of Max Avenue and will include a roughly 118,000-square-foot building. The fuel center will be redeveloped on the existing Big O Tires site in Whitestown, Daley said, and the project includes reshaping an existing detention basin and adding underground detention.

Surveyor's Office staff noted that a legal drain runs along the south side of Center Drive and that the project will relocate a portion of that drain into the Kroger parking lot. Staff asked for a commitment letter from the developer acknowledging that if the legal drain later requires maintenance or work, the developer (and later property owner) will be responsible for repairing asphalt and other site improvements. As staff put it, “If at any point in time that the legal drain needs to be worked on, that, the improvements the asphalt improvements of the parking lot would be at their responsibility to actually, replace that if we ever have to do anything.”

The board approved the Kroger store and fuel center plans by voice vote, subject to final review by Burke Engineering and the county surveyor's office. Road work associated with the project includes a roundabout at Max Avenue and Center Drive in Whitestown; that work is in Whitestown right-of-way and was reviewed by the county as part of interjurisdictional coordination.