Plan Commission

PLAN COMMISSION MINUTES SEPTEMBER 26, 2006 MEMBERS PRESENT: PETITION #38-06 (ORDINANCE #60-06) Bob Schuler, President, SUBMITTED BY JAMES STOTTLEMYER FOR A ZONE Jesse Wilkerson, Vice President MAP CHANGE FROM R-3 TO B-3 LOCATED AT 1604 Joe Newman, Member W EST 53 RD STREET. Paul O’Neill, Member Michael Spyers, Member Mr. Stires explained this property is located in the 1600 John Suko, Member block of W est 53 rd Street, consists of 1.2 acres and is William Warmke, Member currently zoned R-3. This property is occupied by a single family home and several mature trees. The petitioner is MEMBERS ABSENT: requesting a zone map change to match the adjoining Kevin Guion, Member properties. This property is bounded on the north by Michelle Weatherspoon, Member vacant ground and a large pond zoned R-2, to the east is vacant ground zoned B-3, to the west is CAT OTHERS PRESENT: Communications and Best Farms Feed Barn zoned B-1, to Michael Widing, Municipal Development Director the south are several properties zoned R-2, to the Tim Stires, Assistant Development Director southeast there is a veterinary office zoned B-2. In the Robin Allman, Zoning Administrator last ten years 53 rd Street has become a business corridor Janay Smith, Plan Commission Secretary with several new businesses opening up and staff notes Bill Kreegar, Attorney this is reason to rezone this property to business as well. Staff notes this property does abut other B-3 zonings. ROLL CALL AND DECLARATION OF A QUORUM Staff points out it is the responsibility of the petitioner to Mr. Schuler called the meeting to order at 4:30 p.m. demonstrate the character of the property has changed Ms. Smith took roll call and declared a quorum with and highest and best use of the property would be to six (6) members in attendance. rezone the property to B-3. Staff is recommending approval of the proposed rezoning because the property Mr. Suko performed the invocation and the Pledge of does adjoin or abut property zoned B-3. The B-3 zone Allegiance was recited. class will encourage additional commercial development in the changing 53 rd Street business corridor. The B-3 zone MINUTES class does require a special exception approval therefore; The August 22, 2006 minutes were approved as the City remains in control of the development of the presented. Motion passed unanimously; 6 yes, 0 no. property and what can be located on the property. Jesse Wilkerson arrived at 4:35 p.m. to make seven Mike Austin, attorney, 911 Meridian Plaza explained this (7) members present. zoning will be consistent with the zonings in the area because the character of the neighborhood has changed to COMMUNICATIONS AND REPORT OF business. There is no potential use for the property at this COMMITTEES time. The rezoning is in anticipation of this smaller track of Mr. Widing asked for a special meeting to be held on property to be combined with the larger property to the October 4, 2006 at 4:00 p.m. for the Redevelopment east for potential development in the future. Plan along Raible and Nichol Avenues. A show of hands from the Commission members showed there No questions or concerns from the Commission or would be a quorum. audience. BUSINESS Mr. Warmke moved to approve Petition #38-06 because the proposed rezoning would be conserving the property Mr. Stires asked for Petition #48-06 to be moved values throughout the neighboring districts, because it is under Petition #38-06 because the petitioners have connected to a B-3 and a B-1 zone class; the proposed the same attorney. Mr. Spyers made a motion to rezoning would be considered responsible development move Petition #48-06 to be heard second on the and growth, because 53 rd Street is becom ing a business agenda. Mr. Suko seconded. Motion passed; 7 yes, corridor and this zone change is a reflection of the change; 0 no. the proposed rezoning would be the most desirable use for the land, because it is adjacent to similar zoning and would 1 help the community in it’s expansion in business and Mr. Schuler explained he had discussions with Tom Brewer economic development; the proposed rezoning would about the water line vacation. Mr. Brewer explained it not affect the current conditions and the character of would not affect the area, because the line would have to the existing structures in the area and the surrounding be replaced in the future. districts because it is a continuation of the business corridor; the proposed rezoning is compatible with the Mr. Warmke asked the petitioner how it will impact his comprehensive plan; the proposed rezoning does business with the street (East Lynn Street) being blocked establish a desirable precedent in the area; public off? utilities are available to support the proposed rezoning. Mr. Spyers seconded. Motion passed; 7 yes, 0 no Joseph Lay, property owner explained it will not impact his business because they do not deal with the public, only PETITION #48-06 with factories. Any business that may come through will SUBMITTED BY JOSEPH STANLEY LAY, TERESA come off of 34 th Street from Columbus Avenue. R. LAY AND STEVEN L. DUE FOR A REPLAT OF A SUBDIVISION TO BE KNOW N AS VETERANS No questions from the audience. INDUSTRIAL PARK LOCATED IN THE 3200 THROUGH 3300 BLOCKS OF EAST LYNN STREET Mr. Suko moved to approve Petition #48-06 for the replat ON THE EAST SIDE. of Veterans Industrial Park and forward the replat to the Board of Public Works for the acceptance of the replat, Mr. Stires explained this property is located in the covenants and easements. Mr. Wilkerson seconded. 3200 to 3300 blocks of East Lynn or the southeast Motion passed; 7 yes, 0 no. corner of the intersection of East 32 nd Street and East Lynn Street. This property consists of 16.06 acres, is PETITION #40-06 zoned I-2 and is presently occupied by a tree trimming SUBMITTED BY ALEXANDRIA CHURCH OF CHRIST, business. This property received plat approval in April INC. AND GAIL W EATHERFORD FOR A PRIMARY 2006 for a two lot industrial subdivision. The PLAT FOR A SUBDIVISION TO BE KNOW N AS petitioner is seeking to replat this property to slightly W HITES NORTHCREST ADDITION LOCATED IN THE change the size of the two lots. The potential 1200 BLOCK OF NORTH SCATTERFIELD ROAD ON petitioner found out at a late date there was an THE EAST SIDE. easement that was interfering with the placement of the machine shop he was planning to construct on the Mr. Stires explained this property is located in the 1200 property. The change in the replat calls for the block of North Scatterfield Road, consists of 2.89 acres, is property line to be changed to lengthen the size of zoned R-2 and is vacant property. This has been Lot #2, to run east to west, so Lot #1 could go the earmarked for the construction of a future church. The entire length of the plat. This plat calls for an petitioner is seeking approval to create a single lot elimination of an easement that runs north and south subdivision to be known as Whites Northcrest Addition. through the property, which will further free up the The primary plat shows the single lot with a 50 ft. front ground for the construction of the machine shop. The building setback line as it fronts North Scatterfield Road. only change is the moving of the lot line to run east This setback matches the 50 ft. front setback line shown and west instead of north and south and the on adjoining property. The plat also shows a 15 ft. elimination of a 30 ft. wide water line. The Water drainage, utility and communication easement around the Superintendent and the City Engineer agree the perimeter of the property. The plat also shows a 75 ft. elimination of the easement will not cause any wide drainage easement slicing north to south through the problems as far as the water line service. Staff is eastern half of the primary plat. This drainage easement recommending approval of the proposed replat of contains drainage feature known as Shady Run. This plat Veterans Industrial Park, because it does meet the was reviewed by the Plat Review Committee on August 3, requirements of the Subdivision Control Ordinance and 2006, all minor revisions suggested have been completed. the replat should be forwarded to the Board of Public Staff is recommending approval of this primary plat Works for the acceptance of the replat, covenants and because it does meet the requirements of the Subdivision easements. Control Ordinance. This plat should not be forwarded to any other governmental unit. Mike Austin, attorney, 911 Meridian Plaza explained the petitioners have already purchased the mentioned Hal Ashton, surveyor from Muncie explained the only issue property. The plan is to extend the existing tract as is the drainage. There is a drainage ditch across the indicated. It is significant for the petitioners that the property. The drainage will be retained on the site with no water line easement be vacated, so they can develop additional water discharging into the stream. Mr. Ashton the property as intended. is working on a site plan with the city engineer for possible work on the drainage in the future. 2 Michael Widing explained Mr. Spyers has met with the should be forwarded to the Board of Public Works for the school system and is working on correcting their acceptance of the plat, variance, covenants and retention pond, which was not constructed properly, easements. which has led to flooding in the neighborhood. Pat Manship, John Manship and Associates would like to Mr. Spyers explained they are talking with a consulting thank the City Engineer’s office and Tim Stires for all their firm in regards to cleaning out the ditch from the help on this project. Northcrest addition to the substation, including removal of some trees and the snaking configuration Mr. Suko moved to approve Petition #42-06 for the of the ditch. There is no contract at this time. secondary plat and variance from the sidewalk requirement for Pettigrew Place. This plat should be forwarded to the James Dalton, 1216 N. Scatterfield Road explained he Board of Public W orks for the acceptance of the plat, is against sidewalks on Scatterfield Road because of variance, covenants and easements. Mr. Spyers seconded. the danger that would occur for the children. Motion passed; 7 yes, 0 no. Mr. Widing explained the sidewalk issue will be PETITION #43-06 (ORDINANCE # 75-06) handled at the Board of Zoning Appeal meeting and SUBMITTED BY SCOTT PETTIGREW AND THE staff will support no sidewalks at that time. ESTATE OF ROBERT W ALBRIDGE FOR A ZONE MAP CHANGE FROM I-3 TO I-1 LOCATED AT 4408 DR. Mr. Spyers moved to approve Petition #40-06 for the MARTIN LUTHER KING JR. BOULEVARD. primary plat for a subdivision to be known as Whites Northcrest Addition. This plat is not to be forwarded Mr. Stires explained this is the same property as the to any other governmental unit. Mr. Warmke previous petition. The petitioner appears before the Plan seconded. Motion passed; 7 yes, 0 no. Commission at this time to request a zone map change. The I-1 zone class does allow for industrial uses and their PETITION #42-06 expansion, including the storage of materials confined SUBMITTED BY SCOTT PETTIGREW AND THE within a building. This property is surrounded on the ESTATE OF ROBERT W ALBRIDGE FOR A north, east and south by I-3, further east is I-3 with SECONDARY PLAT FOR A SUBDIVISION TO BE Floodway Fringe Overlay. To the northwest, west and KNOW N AS PETTIGREW PLACE LOCATED AT southwest is zoned I-1 and west of the railroad tracks is 4408 D R. M A R T IN LU T HER K IN G JR . zoned I-3. The new Comprehensive Plan does classify this BOULEVARD. property as Medium Density Residential. This proposed rezoning is in conflict with the City’s Comprehensive Plan. Mr. Stires explained this property is located in the Staff would note it is the responsibility of the petitioner to 4400 block of Dr. Martin Luther King Jr. Boulevard, demonstrate the character of the property has changed consists of 5.886 acres, is zoned I-3 and is occupied and the highest and best use of the land is to rezone this by a single family home and a detached garage, which property. Staff is recommending approval of this rezoning is used for an auto repair operation. The petitioner is from I-3 to I-1, because the affected property is across the seeking approval to create a single lot subdivision to street of property already zoned I-1. Staff also believes be known as Pettigrew Place. The submitted the highest and best use of this property is to continue to secondary plat does show a 75 ft. front building use it for auto repair. If approved, the petitioner should setback line which is required under the I-3 zone class. sign a covenant prohibiting billboards on the property. There is a 15 ft. drainage, utility and communication easement around the north, south and east property Mr. Schuler explained a change should be considered to lines, and a 20 ft. drainage, utility and communication the Comprehensive Plan to establish a residential corridor easement along the west property line. Staff notes along what is expected to be a major corridor to the City there is Floodway Fringe shown on the eastern half of of Anderson. the plat. The petitioner is seeking a variance from the sidewalk requirement, because the City is not requiring Mr. Kreegar explained Commission always has the right to sidewalks along Dr. Martin Luther King Jr. Boulevard go back and amend the Comprehensive Plan. Until that is south of 29 th Street. Staff notes all the necessary right done the Commission does have a right to rezone property of way has been taken care of with the widening of Dr. that is in conflict with the Comprehensive Plan. Martin Luther King Jr. Boulevard. There are no infrastructure improvements with this plat; therefore, Mr. Widing explained staff has hired a consultant team to there is no bond required. Staff is recommending review the Subdivision Control Ordinance and the Zoning approval of the secondary plat of Pettigrew Place Ordinance. because the plat does meet the requirements of the Subdivision Control Ordinance. If approved, this plat 3 Pat Manship, John Manship and Associates asked if the #4 and Lot #3. The petitioners plan to sell off the new lot Zoning Ordinance can require restriction or does the for a new house to be built. Staff notes the Subdivision client have to volunteer something to get his rezoning? Control Ordinance does require sidewalks. The petitioner is not proposing sidewalks and has submitted a letter Mr. Kreegar explained they can attach a condition, but requesting a variance from the sidewalk requirement. it is understood the petitioner did agree to sign a There are no infrastructure improvements; therefore, there covenant prohibiting the placement of billboards. is no bond required. This replat did go before the Plat Review Committee in September and there were no Mr. Manship explained yes the petitioner does agree to suggested revisions for this replat. Staff is recommending sign the covenant. approval of the proposed replat of Lot #2 in King’s Hill addition and for the variance from the sidewalk Mr. Warmke moved to approve Petition #43-06 requirement. This plat does meet a majority of the because the proposed rezoning would be conserving Subdivision Control Ordinance requirements and all the the property values throughout the neighboring minimum setback requirements. This replat does create districts, because it is a continuation of an already another buildable residential lot. If approved, this replat existing business; the proposed rezoning would be should be forwarded to the Board of Public Works for the considered responsible development and growth, variance, covenants and easements. because the property is adjacent to I-1 zoning; the proposed rezoning would be the most desirable use for Dick Ward, Ward Surveying and Engineering, 920 Main the land, because it is considered a growth corridor Street. which is economic in nature; the proposed rezoning would not affect the current conditions and the Mr. Spyers asked if the 25 ft. drainage, utility easement character of the existing structures in the area and the that runs through Lot #3 has been vacated? surrounding districts, because it is a continuation of an existing business; the proposed rezoning is not Mr. Stires explained that the easement was vacated during compatible with the comprehensive plan; the proposed the last replat. rezoning does establish a desirable precedent in the area; public utilities are available to support the Mr. Spyers moved to approve Petition #44-06 for the proposed rezoning. Also, the petitioner sign a replat of Lot #2 in King’s Hill Subdivision and the forward covenant to prohibit the use of billboards on the the replat to the Board of Public Works for the acceptance property. Mr. Spyers seconded. Motion passed; 7 yes, of the replat, easements, covenants and variance. Mr. 0 no. Suko seconded. Motion passed; 7 yes, 0 no. PETITION #44-06 PETITION #45-06 SUBM ITTED BY RANDALL L. AND JANET M. SUBMITTED BY MCCARDWELL, INC. FOR A STOMPS FOR A REPLAT OF LOT #2 IN KING’S PRIMARY PLAT FOR A SUBDIVISION TO BE KNOW N HILL SUBDIVISION LOCATED IN THE 800 AS THE PRESERVE LOCATED IN THE 2200 THROUGH BLOCK OF LANTERN LANE ON THE W EST SIDE 2300 BLOCKS OF W EST 67 TH STREET (DICKEY AND THE 900 THROUGH 1000 BLOCKS OF ROAD) ON THE NORTH SIDE. LINDBERG ROAD ON THE NORTH SIDE. Mr. Stires explained this property is located in the 2200 to Mr. Stires explained this property is located in the 800 2300 blocks of West 67 th Street, consists of 81.4 acres, is block of Lantern Lane and the 900 to 1000 blocks of zoned R-2 Residential and R-2 Residential with a Floodway Lindberg Road. This property consists of 2.68 acres, Fringe Overlay and Floodway. This property has an is zoned R-2 and is occupied by a single family home. existing farm house, outbuildings and a silo with a majority The petitioner is seeking approval for a replat of the of the property vacant. This property straddles the Prairie property to be divided into a two-lot subdivision. The Creek / Boland Drain. The petitioner is requesting replat shows the new lots will range in size from .74 of approval to subdivide or plat the acreage along the east an acre to 1.94 acres. The replat shows Lots #3 and side of the drain into 100 buildable residential lots. There #4 with a 40 ft. front building setback lines as they are four blocks on this plat labeled A, B, C and D. Each front Lantern Lane and Kingsmill Drive. There is a 15 Block is a floodway area, proposed ponds or a common ft. and 20 ft. drainage, utility and communication area for this subdivision. The lots will range in size from easements around the perimeter of Lots #3 and #4 .18 to .686 of an acre. The four blocks will range in size and along the property lines between the lots. The from 2.95 acres to 43 acres. All utilities are available to replat does show the existing 25 ft. drainage and the site and will be under ground. There is a single access utility easement as it slices through Lot #4 and Lot to the subdivision off of West 67 th Street and a 50 ft. #1. The replat also shows a 15 ft. wide electric line dedicated right-of-way. The plat shows a 50 ft. half right- easement shown slicing through the east end of Lot of-way dedication along the north side of West 67 th Street 4 along the south edge of the plat. The plat shows all Mr. Warmke asked if staff communicates with the school residential lots have a 30 ft. front building setback line system on new developments? which is in conflict with the Subdivision Control Ordinance. The petitioner will be seeking a variance Mr. Widing explained they are invited to all plat review from this requirement at the secondary plat stage. meetings and are aware of this development. There is a 15 ft. drainage, utility and communication easement along the front of the 100 residential lots. Mr. Warmke explained with 100 new homes there would A 7.5 ft. drainage, utility and communication easement be an abundance of children that could be entering the is noted along the side property lines throughout the schools in the area. subdivision. There is a 15 ft. landscape, drainage, utility and communication easement shown along the Mr. Warmke is concerned about new homes being built south sides of Lots #1 and #100. A 20 ft. sign, when we have so many vacant homes in Anderson. drainage, utility and communication easement on the corners of Lots #1 and #100. The primary plat shows Mr. Widing explained developers build with market demand a 90 ft. wide drainage easement along the Prairie and there is a demand on the southwest side of Anderson. Creek / Boland Drain. A 30 ft. wide regulated drainage easement and and a 75 ft. wide regulate drain Mr. Wilkerson explained proper planning should keep the easement along the west side of the same easement. City from being proactive to the market demand and the A 90 ft. wide overhead power line easement noted on City needs to be ahead of the game. Mr. Wilkerson feels the southwest corner of Block A. A 30 ft. by 30 ft. lift we need better planning and with a more aggressive stand station easement is located in the southeast corner of the City will become proactive. Lot #59. A 60 ft. wide natural gas line easement is shown slicing through the 81 acres. Blocks A, B and Mr. Schuler explained it is not conceivable for the future to C have been designated as drainage easements. Block make a stand, for every new house built in a new D is shown as a landscape, drainage, utility and subdivision one house needs to be built on a lot that communication easement. The primary plat shows the already exists. Floodway Limit on the east and west side of the Prairie Creek / Boland Drain. This plat was reviewed by the Mr. Suko explained his concern is the long walk for school Plat Review Committee and any suggested revisions children when the school bus doesn’t go through the have since been completed. Staff is recommending neighborhood to pick them up. approval of the primary plat as it meets a majority of the Subdivision Control Ordinance requirements. If Mr. Wilkerson asked how hard would it be to create two approved this plat should not be forwarded to any entrances into the subdivision by changing the location of other governmental unit. the pond? Mr. Wilkerson asked if the fire department had Mr. Schuler explained after the two properties are reviewed the plan and is aware of the 60 ft. radius? developed there will be two entrances. Steve Servies, Rayl Surveying and Engineering Mr. Donnelly explained the developer would like to develop explained the Fire Department did provide information both properties at the same time but there is a lot of of the minimum turning radius for what they wetlands on the second part of the property. The considered their largest vehicle. The turning radius of petitioner divided this into two projects because the the vehicle was 44 ft. 7 inches. The cul-de-sac’s have second property will take over a year with the Department been revised to show a 48 ft. radius, which is in excess of Nature Resources and IDEM to figure out what can be of the requirement and is in conformance with the done with the property. These lots will not be big but they 2000 fire codes. will have a natural area out their back door. Mr. Donnelly explained this is probably the most expensive piece of Mr. Wilkerson asked if the fire department mentioned ground to develop because of the limestone and how the the length of the drive from one end to the other? water lines will have to be laid, and all the other There are no outlets. constraints. Mr. Donnelly explained the developer is hoping to provide a market that is not available at this time Mr. Servies explained there is another 40 acres to the in the area. east the same developer owns and is in the process of getting wetland determination done to decide what Mr. Warmke moved to approve Petition #45-06 for the can be done with the property. The developer would primary plat for a subdivision to be known as The Preserve like to develop another subdivision connected to this and this plat should not be forwarded to any other subdivision, which would allow an outlet to the east. governmental unit. Mr. Spyers seconded. Motion passed; 7 yes, 0 no. 5  Mr. Suko moved to approve Petition #46-06 for the PETITION #46-06 replat of a part of Outlot D in Midstate Development, SUBMITTED BY SECURE STORAGE OF Section Two and to forward the replat to the Board of INDIANA LLC FOR A REPLAT OF OUTLOTS “D- Public Works for the acceptance of the replat, covenants 1 AND D-2” IN A REPLAT OF A PART OF and easements. Mr. Wilkerson seconded. Motion OUTLOT “D” IN MIDSTATE DEVELOPMENT, passed; 6 yes, 0 no. SECTION TW O, LOCATED AT 1813 EAST 53 RD STREET (FORMERLY FURROW S). PETITION #47-06 SUBMITTED BY KIM R. AND RENISA HARRY FOR A Mr. Newman explained he will be taking a break SECONDARY PLAT FOR A SUBDIVISION TO BE during Petition #46-06 because of a conflict of KNOW N AS HARRY HEIGHTS ADDITION LOCATED interest. IN THE 200 BLOCK OF NORTH COVENTRY DRIVE ON THE W EST SIDE. Mr. Stires explained this property is located in the 1800 block of East 53 rd Street, consists of 10.02 Mr. Stires explained this property is located in the 200 acres and is zoned I-1. The northern part of the block of North Coventry Drive and Lindberg Road, consists property is the Butler Nissan car dealership and the of one acre, is zoned R-2 and is occupied by a single family remaining acreage to the south is a new home, detached garage and a shed. The petitioner is warehousing facility called Secure Storage. The seeking secondary plat approval for a four lot residential petitioner is seeking approval for a second replat of subdivision. The lots will range in size from .19 to .32 of the acreage into a five lot subdivision. The five lots an acre. The largest of the four lots will be Lot #1 where will range in size from .979 of an acre to 4.649 the existing house sits. The lots show a 30 ft. building acres. The increase in the number of lots is due to setback line as they front Lindberg Road and Coventry the petitioner creating 20 storage garage condo’s for Drive. The petitioner is asking for a variance from the 40 RV’s and boats. The plat shows a 30 ft. building ft. building setback that is required by the Subdivision setback line off of 53 rd Street, a 100 ft. building Control Ordinance. The purpose is to match the existing setback off the cross access easement or access off lots in the subdivision. Staff notes the lots do meet the of East 53 rd Street. There are various drainage, Subdivision Control Ordinance requirement which specifies utility and communication easements throughout the newly platted lots abutting an existing platted subdivision plat. Lot #5 remains as the storm water drainage equal 90 percent of the width of the existing lots. The lot. There is a new 40 ft. cross access easement average width of the adjoining platted lots are 75.5 ft. along Lots #2, #3 and #4. A new 25 ft. cross wide, which they exceed by 3 ft. The proposed plat does access easement around the perimeter of Lots #3 show an existing 15 ft. drainage, utility and communication and #4 that will allow traffic to flow properly. The easement around the perimeter of the four lots. The plat plat shows a 50 ft. wide drainage, utility and shows a 40 ft. half right-of-way dedication on the north communication easement between Lots #3 and #4 side of Lot #1 should there be any future widening of and a 15 ft. drainage, utility and communication Lindberg Road. Staff notes the petitioner has indicated in easement located east of the property lines of Lots a covenant they will install sidewalks as houses are built on #3 and #4. This replat continues to show the 15 ft. the lots. There are no public improvements involved with additional right-of-way dedication along the north this plat; therefore, no bond is required. Staff is end of Lot #1 for the future widening of East 53 rd recommending approval of the secondary plat and Street. The petitioner does intend to construct the variance, because the proposed subdivision does meet a required 5 ft. concrete sidewalks across the north majority of the requirements of the Subdivision Control end of Lot #1. The replat was reviewed by the Plat Ordinance. If approved, this plat should be forwarded to Review Committee, any revisions suggested have the Board of Public W orks for the acceptance of the plat, since been completed. Staff is recommending covenants, easements and variance. approval of the proposed replat, because the replat does meet the requirements of the Subdivision No questions from the Commission or audience. Control Ordinance and will create five commercial lots for potential businesses. If approved, this replat Mr. Warmke moved to approve Petition #47-06 for the should be forwarded to the Board of Public Works secondary plat for Harry Heights Addition and to forward for the acceptance of the replat, covenants and the plat to the Board of Public Works for the acceptance of easements. the plat, covenants, easements and variance. Mr. Spyers seconded. Motion passed; 7 yes, 0 no. Mr. Warmke asked what is being done with the strip of land that runs behind the Pizza Hut and the bank? MISCELLANEOUS Mr. Donnelly explained it is part of the larger lot. CITY COUNCIL UPDATES 6 The Plan Commission had three items in front of the City Council at the September Council meeting. The third and final reading was approved for the rezoning of 5335 South Scatterfield Road from B-4 to B-1 submitted by the Salon Professional Academy and Scatterfield Road Associates and for the update of Flood Controls. The final item was the Amendments to the Sign Requirements which was approved for the first and second readings. ADJOURNMENT A motion was made for adjournment and seconded. Meeting adjourned at 6:14 p.m. BY: Robert Schuler, President ATTEST: Janay Smith, Commission Secretary 7