Plan Commission

PLAN COMMISSION MINUTES AUGUST 22, 2006 MEMBERS PRESENT: Mr. Spyers moved to table Petition #35-06. Mr. Bob Schuler, President, Wilkerson seconded. Motion passed; 9 yes, 0 no. Jesse Wilkerson, Vice President Kevin Guion, Member PETITION #38-06 (ORDINANCE #60-06) Joe Newman, Member SUBMITTED BY JAMES STOTTLEMYER FOR A Paul O’Neill, Member ZONE MAP CHANGE FROM R-3 TO B-3 LOCATED John Suko, Member AT 1604 W EST 53 RD STREET. Michael Spyers, Member William Warmke, Member Mr. Stires moved to continue Petition #38-06 until the Michelle Weatherspoon, Member September due to a staff error on the zoning. MEMBERS ABSENT: Ms. Weatherspoon moved to continue Petition #38-06 None until the September meeting. Mr. Warmke seconded. Motion passed; 9 yes, 0 no. OTHERS PRESENT: Michael Widing, Municipal Development Director PETITION #34-06 (ORDINANCE #58-06) Tim Stires, Assistant Development Director SUBMITTED BY THE CITY OF ANDERSON PLAN Robin Allman, Zoning Administrator COMMISSION FOR TEXT AMENDMENTS TO THE Janay Smith, Plan Commission Secretary ZONING ORDINANCE (SIGN SECTION). Bill Kreegar, Attorney Mr. Schuler asked the Commission to make a motion to ROLL CALL AND DECLARATION OF A QUORUM dismiss the reading of the staff report. Mr. Newman Mr. Schuler called the meeting to order at 4:30 p.m. moved to dismiss the reading of the staff report. Mr. Ms. Smith took roll call and declared a quorum with Wilkerson seconded. Motion passed unanimously. eight (8) members in attendance. Mr. Wilkerson arrived after roll call to make the ninth member Mr. Schuler explained in the notes their was an error in present. punctuation and asked Mr. Widing to address the Commission. Mr. Guion performed the invocation and the Pledge of Allegiance was recited. Mr. Widing explained in the section on Banners (J) number 5, the second sentence should read: Banner MINUTES must not be mounted to a tree(s) or light pole(s) at The July 25, 2006 minutes were approved as anytime. For the City of Anderson or City sponsored presented. Motion passed unanimously; 9 yes, 0 no. events, banners can be installed as warranted and do not require a license to encroach. COMMUNICATIONS AND REPORT OF COMMITTEES Mr. Wilkerson moved to approve Petition #34-06 None because it will result in the enforcement of the City Sign Ordinance. Mr. Warmke seconded. Motion passed; 9 BUSINESS yes, 0 no. PETITION #35-06 PETITION #37-06 SUBMITTED BY DALE E. AND VICKY D. TRAVIS SUBMITTED BY TIMOTHY JAY LUSHER AND TO VACATE A PORTION OF TOLL GATE MANOR CAROLYN S. DUNTEMAN FOR A PRIMARY PLAT TO LOCATED IN THE 700 TO 800 BLOCKS OF BE KNOW N AS LUSHER-DUNTEMAN PLAT NORTH NURSERY ROAD ON THE EAST SIDE LOCATED AT 1335 W EST 53 RD STREET. AND THE 1800 TO 1900 BLOCKS OF LINDBERG ROAD ON THE NORTH SIDE. Mr. Stires explained this property is located in the 1300 block of West 53 rd Street, contains 3.93 acres and was Mr. Stires asked for Petition #35-06 to be tabled recently rezoned to B-2. The property currently is until the process is complete for vacating the streets. occupied by a single family home, detached garage and a shed located on the north end of the property. The 1 petitioner plans on demolishing the home in the changed and the highest and best use of the land is to future. All utilities are available to the property rezone this property to B-1. Staff notes the proposed except storm sewers. The petitioner is seeking beauty school will not generate any more traffic than is approval of a primary plat to divide the acreage into already in the area from other business uses. a two lot subdivision. The lots will range in size from .901 of an acre to 2.904 acres. Lot #1 will be Mr. Widing explained staff feels this is an excellent use the future site of an auto repair facility and a car lot. of this property and staff supports the rezoning. There is no future use of Lot #2. The plat shows a 30 ft. building setback line for both lots as they front Mr. Warmke moved to approve Petition #39-06 because West 53 rd Street. The usual 15 ft. drainage, utility the proposed rezoning would be conserving the property and communication easement is shown around the values throughout the neighboring districts, because perimeter of the plat and along both sides of the there is additional B-1 in the area; the proposed property line dividing the two lots. A 115 ft. wide rezoning would be considered responsible development Indiana and Michigan Electric Co. utility easement is and growth, because the B-4 cannot allow for a school noted slicing through the west half of Lot #1. There and B-1 meets the plans for the use of the property; the is a 15 ft. dedication of additional right-of-way along proposed rezoning would be the most desirable use for the front of both lots for future widening of West the land located in that area of the City; the proposed 53 rd Street. This plat was reviewed by the Plat rezoning would not affect the current conditions and the Review Committee on July 5, 2006 and all suggested character of the existing structures in the area and the revisions have been completed. Staff is surrounding districts; the proposed rezoning is recommending approval of this primary plat because compatible with the comprehensive plan; the proposed it does meet the requirements of the Subdivision rezoning does establish a desirable precedent in the Control Ordinance. This plat should not be area; public utilities are available to support the forwarded on to any other governmental unit. proposed rezoning. Mr. Spyers seconded. Motion passed; 8 yes, 1 no Mr. Schuler asked what are the drainage plans? PETITION #40-06 Steve Servies, Rayl Surveying and Engineering SUBMITTED BY ALEXANDRIA CHURCH OF explained the plans for drainage are to run under CHRIST, INC. AND GAIL W EATHERFORD FOR A ground retention with perforated piping and gravel PRIMARY PLAT FOR A SUBDIVISION TO BE with an excess of 100 year storms. KNOW N AS W HITES NORTHCREST ADDITION LOCATED IN THE 1200 BLOCK OF NORTH Mr. Warmke moved to approve Petition #37-06 for SCATTERFIELD ROAD ON THE EAST SIDE. the primary plat of the Lusher-Dunteman Plat. This primary plat is not to be forwarded to any other After a short discussion this petition was continued governmental unit. Mr. Spyers seconded. Motion because the mailings were not sent to all property passed; 9 yes, 0 no. owners that would be affected with this proposal. PETITION #39-06 (ORDINANCE # 62 -06) Mr. Spyers moved to continue Petition #40-06 until the SUBMITTED BY THE SALON PROFESSIONAL September meeting. Mr. Guion seconded. Motion ACADEMY AND SCATTERFIELD ROAD passed; 9 yes, 0 no. ASSOCIATES FOR A ZONE MAP CHANGE FROM B-4 TO B-1 LOCATED AT 5335 SOUTH PETITION #41-06 SCATTERFIELD ROAD (FORMERLY PIER ONE). SUBMITTED BY KIM R. AND RENISA HARRY FOR A PRIMARY PLAT FOR A SUBDIVISION TO BE Mr. Stires explained this property is located in the KNOW N AS HARRY HEIGHTS ADDITION LOCATED 5300 block of South Scatterfield Road, consists of IN THE 200 BLOCK OF NORTH COVENTRY DRIVE .81 acres, is presently zoned B-4 and is the former ON THE W EST SIDE. site of Pier One. The petitioners are seeking a zone map change from B-4 to B-1 to open a beauty Mr. Stires explained this property is located in the 200 school. This would not be considered a spot zoning block of North Coventry Drive at the intersection of because there is B-1 to the north, northwest and North Coventry Drive and Lindberg Road. This property west. Properties to the south and southwest are consists of one acre and is zoned R-2. There is a single zoned B-4 and properties to the northeast, southeast family home and a detached garage on the acreage. and east are zoned B-2. Staff is recommending The petitioner is seeking approval of the primary plat to approval of the proposed rezoning. In closing, staff divide the one acre into four buildable lots. The lots will notes it is the responsibility of the petitioner to range in size from 8,277 sq. ft. to 14,106 sq. ft. All demonstrate that the character of the property has utilities are available. The submitted plat shows a 2 propose 30 ft. building setback line for the four lots curious of the value to the homes that are going to be as they front Lindberg Road and North Coventry built? Mr. Eddy explained sidewalks are a concern on Drive. The 30 ft. building setback does match the Coventry because the heavy traffic. existing 30 ft. setback in the area. The Subdivision Control Ordinance requirement which specifies newly Kim Harry, owner of the property explained he plans on platted lots abutting an existing platted subdivision building homes of value from $95,000 and up. Mr. Harry equal 90 percent of the width of the existing lots. explained the reason they are asking for the variance The average width of the surrounding lots is 75.5 ft. from sidewalks is to keep down the cost to be able to Staff notes 90 percent of 75.5 ft. is approximately 68 sell the homes for the price in the area. ft. the four proposed lots are in excess of 71 ft. in width. The plat does note a 15 ft. drainage, utility Mr. Schuler explained the lots in the subdivision for and communication easement along the north, east Arbor Homes are comparable to the lots being developed and west sides of the plat. There is an existing 10 here. Arbor Homes are required to install sidewalks and ft. utility easement along the south side of proposed Mr. Harry needs to be aware of the need for sidewalks. Lot #4. The primary plat shows a 40 ft. half right- of-way dedication on the north side of proposed Lot Mr. Suko explained the map shows sidewalks on both #1 for future expansion of the roadway. The Plat Coventry and Lindberg. Review Committee met on August 3 rd and all suggested revisions have been completed. Mr. Stires explained this map was turned in about a month ago showing the area with sidewalks. Plans to Staff is recommending approval of the primary plat seek a variance just came up in the last two weeks. because it meets a majority of the requirements of the Subdivision Control Ordinance. This plat is not Mr. Widing explained staff will not be supporting the to be forwarded to any other governmental unit. sidewalk variance, because we want to see sidewalks along the main thoroughfares. Mr. Widing explained Mr. Ashton explained there is a drainage plan in sidewalks are not a concern at this stage. place that will be submitted to the City Engineer for his approval. Mr. Warmke moved to approve Petition #41-06 for the primary plat for Harry Heights Addition. This plat should Mr. Guion stated he understands that sidewalks are not be forwarded to any other governmental unit. Mr. not addressed at this stage, but would like to know Spyers seconded. Motion passed; 9 yes, 0 no. why sidewalks should not be required when Lindberg Church and Arbor Homes development have just MISCELLANEOUS been told they have to have sidewalks. CITY COUNCIL UPDATES Mr. Ashton explained at this point the petitioner was just asking for a variance from the sidewalks. The Plan Commission had one item in front of the City Council at the July Council meeting. The third and final Mr. Stires explained the sidewalk issue should be reading was approved for the vacating of a public way considered since Arbor Homes Development and submitted by John and Nancy Gates and Kimberly Lindberg Church have been required to have Lennartz. sidewalks with their developments. ADJOURNMENT Mr. Warmke explained his concern lies with the 30 ft. building setback because of the high traffic flow. A motion was made for adjournment and seconded. Meeting adjourned at 5:33 p.m. Mr. Stires explained Arbor Homes were approved for a 30 ft. building setback. Mr. Stires explained when the zoning ordinance is updated, the setback line will be looked at. Mr. Stires explained he has spoken BY: with the petitioner regarding sidewalks in the area Robert Schuler, President and they would like to put the question about sidewalks in front of the Commission. Mr. Stires explained staff’s opinion will be sidewalks will need to start somewhere, because they are coming into ATTEST: the area on Lindberg Road. Janay Smith, Commission Secretary Mark Eddy 232 North Coventry Drive explained he is 3 4