Plan Commission

PLAN COMMISSION MINUTES OCTOBER 24, 2006 MEMBERS PRESENT: acres, is zoned B-2 with most of the property, Bob Schuler, President vacant ground. This is the future site for an auto Jesse Wilkerson, Vice President repair operation and a used car lot. This property Kevin Guion, Member has recently been approved for a primary plat. Joe Newman, Member The building setbacks are the same as the primary Paul O’Neill, Member plat. The petitioner is requesting a variance from Michael Spyers, Member the sidewalk requirement because there are no John Suko, Member sidewalks in the area. Staff is opposed to the William Warmke, Member variance from the sidewalk requirement. There are no infrastructure improvements; therefore, MEMBERS ABSENT: there is no bond on file. Staff is recommending Michelle Weatherspoon, Member approval of the secondary plat because the plat does meet a majority of the Subdivision Control OTHERS PRESENT: Ordinance requirements. Staff is asking the Michael Widing, Municipal Development Director Commission to deny the sidewalk variance. If this Tim Stires, Assistant Development Director plat is approved it should be forwarded to the Robin Allman, Zoning Administrator Board of Public Works for the acceptance of the Janay Smith, Plan Commission Secretary plat, covenants and easements. Bill Kreegar, Attorney Mr. Servies asked if the petitioners would be able ROLL CALL AND DECLARATION OF QUORUM to install sidewalks as the lots are developed? Mr. Schuler called the meeting to order at 4:30 There are no plans for the second lot at this time. p.m. Ms. Smith took roll call and declared a quorum with six (6) members in attendance. Mr. Schuler explained the petitioner is asking for the required sidewalks to be installed as each of Mr. Warmke performed the invocation and the the two lots are developed. Mr. Schuler explained Pledge of Allegiance was recited. the same rule of logic was applied when Harry Heights Subdivision was approved. MINUTES The September 26, 2006 and October 4, 2006 Tim Lusher, 3969 East County Road 200 South minutes were approved as presented. Motion explained he has no problem with putting in the passed unanimously; 6 yes, 0 no. 300 ft. sidewalk. Mr. Lusher explained his finances are tight because of the increase in Mr. Wilkerson and Mr. Suko arrived late to make supplies. Mr. Lusher asked if it is possible to sign eight (8) members present. an affidavit to install sidewalks when necessary instead of right now? COMMUNICATIONS AND REPORT OF COMMITTEES Mr. Widing explained it has been allowed up to None two, but no more than three years, to add sidewalks, if they sign an affidavit. BUSINESS Mr. Happe explained it would be known as past PETITION #49-06 practice. SUBMITTED BY TIM LUSHER, CAROLYN S. DUNTEMAN, AND PATRICK J. AND DEBORAH Mr. Schuler explained for the record, this is an K. MARRINAN FOR SECONDARY PLAT FOR A enforcement issue and it will be left up to the SUBDIVISION TO BE KNOWN AS LUSHER- Department of Municipal Development to insure DUNTEMAN PLAT LOCATED AT 1335 WEST the wishes of the Commission are carried out. RD 53 STREET. Mr. Spyers moved to approve Petition #49-06 for Mr. Stires explained this property is located in the the secondary plat for the Lusher-Dunteman Plat rd 1300 block of West 53 Street, contains 3.93 1 and forward it to the Board of Public Works for the acceptance of the plat, covenants and easements Mr. Guion moved to approve Petition #50-06 for with no variance in respect to the sidewalks. Mr. the secondary plat and variance (sidewalks) for Warmke seconded. Motion passed 8 yes, 0 no. Whites Northcrest Addition and forward it to the Board of Public Works for the acceptance of the PETITION #50-06 plat, covenants and easements. Mr. Spyers SUBMITTED BY ALEXANDRIA CHURCH OF seconded. Motion passed 8 yes, 0 no. CHRIST, INC. AND GALE AND NORMA WEATHERFORD FOR A SECONDARY PLAT PETITION #51-06 (ORDINANCE #79-06) FOR A SUBDIVISION TO BE KNOWN AS SUBMITTED BY DAVID A. ONOFREY FOR A WHITES NORTHCREST ADDITION LOCATED ZONE MAP CHANGE FROM I-3 TO I-1 IN THE 1200 BLOCK OF NORTH LOCATED IN THE 4700 THROUGH 4900 SCATTERFIELD ROAD ON THE EAST SIDE. BLOCKS OF DR. MARTIN LUTHER KING JR. BOULEVARD ON THE EAST SIDE. Mr. Stires explained this property is located in the 1200 block of North Scatterfield Road, contains This property is located in the 4700 to 4900 blocks 2.89 acres, is zoned R-2 and is vacant. The of Dr. Martin Luther King, Jr. Boulevard, or directly petitioner received primary plat approval in south of West 47th Street and the former I-Power September of this year. The petitioner is seeking Plant. This property consists of 23.938 acres and secondary plat approval for a single lot plat to be is zoned I-3 Industrial Reserved with the middle of known as Whites Northcrest Addition. The the acreage designated with a Floodway Fringe property has been earmarked for a new church. Overlay and the eastern fourth is designated The same setbacks and easements exist that were Floodway. Staff met with the petitioner to discuss on the primary plat. The petitioner is requesting a his future plans for the acreage. Staff advised the variance from the sidewalk requirements specified petitioner his plans for commercial development of under the Subdivision Control Ordinance. Staff the property would require rezoning and platting notes the City is not requiring sidewalks along of the ground. The petitioner is also seeking Scatterfield Road due to safety concerns. Staff is special exception approval for a fill. The I-3 zone recommending approval of the one lot subdivision class is located where excellent industrial sites because it does meet the requirements of the occur, but which may not be developed. Subdivision Control Ordinance. If approved, staff Therefore, industry may be permitted as special asks the Commission to forward the plat to the exception. Dwellings are permitted in the I-3 Board of Public Works for the acceptance of the District; business is not permitted. The I-1 District plat, variance, covenants and easements. will incorporate most of the existing industrial developments and provide for their expansion. Mr. Schuler asked if the vacant land between Residences and businesses are permitted. The Thornwood Drive, and identified area, can be petitioner is seeking a rezoning from I-3 to I-1 at developed? this time. Staff notes this property is bounded on the north by West 47th Street, and vacant ground, Mr. Stires explained the lot is part of the all of which is zoned I-3. Directly east is the Northcrest addition. The church does own that Boland Drain, the Floodway and vacant ground piece of property and it has already been platted. zoned R-2 with a Floodway Fringe Overlay. Mr. Stires explained the only thing that would Property to the south is mostly vacant ground, come off of that lot would be a driveway, which except for single family homes, which are zoned will go in front of the Board of Zoning Appeals on R-2. The remainder of the ground surrounding November 1, 2006. this property is zoned I-3 Floodway Fringe, B-4, B- 4 Floodway Fringe and Floodway. Directly west, Nondus Dalton questioned the wooded lot. Mrs. are Dr. Martin Luther King Jr. Boulevard and Dalton explained the lot to the south is Toll Gate several houses fronting the street, all zoned R-2. Manor One not Northcrest. Tollgate Manor Two is Property to the northwest is zoned B-2 General across Scatterfield Road. Business and includes the site of GEO Maintenance 2 Service Inc. Staff notes if the rezoning is and become a barrier and the south side, there approved, the petitioner is planning to plat the will have to be some designs presented to the City property. The City’s Comprehensive Plan classifies Engineer for approval. this property as Medium Density Residential and this rezoning is in conflict with the City’s Mr. Schuler explained they may fill the floodway Comprehensive Plan. Staff notes the fringe, but not the flood plain. Comprehensive Plan acts as a guide and is subject to change in the future. In closing, it is the Mr. Donnelly explained that is correct. petitioner’s responsibility to demonstrate the character of this property has changed and the Mr. Warmke moved to approve Petition #51-06 highest and best use of the property is to rezone because the proposed rezoning would be to I-1. Staff is recommending approval of the conserving the property values throughout the proposed rezoning to I-3 to I-1 because the neighboring districts, because there are several affected property is across the street from the zonings in the area and this will give some former I-Power or current DTE Energy Plant. Staff direction for others who have property zoned in would note, West 47th Street does serve as a joint the area and would give the owner a plan; the access drive for the commercial development and proposed rezoning would be considered the adjoining industrial use. Staff believes the responsible development and growth, because the highest and best use of this property, since it has rezoning to I-1 would allow for the co-existence of not developed residentially or industrial, would be businesses and residences in the area where I-3 to use it for business. In addition, staff is would be an industry base; the proposed rezoning requesting, if this rezoning receives approval, the would be the most desirable use for the land, petitioner agree to a covenant prohibiting because the rezoning would give a direction for billboards on the property. the remaining property along this right of way; the proposed rezoning would not affect the current Dick Donnelly, 816 West 8th Street explained the conditions and the character of the existing petitioner has no problem signing a covenant to structures in the area and the surrounding prohibit billboards. The petitioner recently bought districts, because the I-1 zoning does allow for the this property to split into three parcels and to sell co-existence of residences; the proposed rezoning as commercial property. is not compatible with the comprehensive plan; the proposed rezoning does establish a desirable Mr. Warmke asked how many businesses is the precedent in the area; public utilities are available petitioner planning on putting on the parcel? to support the proposed rezoning with the exception of storm sewer. Also, the petitioner Mr. Donnelly explained he could put three at the agrees to sign a covenant to prohibit the use of most. billboards on the property. Mr. Spyers seconded. Motion passed; 8 yes, 0 no. Mr. Warmke asked if the petitioner is requesting a fill, how will not having storm sewers impact this PETITION #53-06 (ORDINANCE #82-06) property? SUBMITTED BY CITY OF ANDERSON PLAN COMMISSION AND IRVING MATERIALS, Mr. Donnelly explained it would not impact it at all INC. FOR A ZONE MAP CHANGE FROM NO because the Boland drain runs on the right side of ZONE TO R-1 LOCATED AT 3222 the property. Mr. Donnelly explained this rezoning ALEXANDRIA PIKE. does not change the floodway fringe overlay or the floodway zoning. Mr. Stires explained this property is located in the 3200 block of Alexandria Pike, contains 1.55 acres Mr. Wilkerson asked how would the other and was recently annexed by the City on October properties be affected with the run off? 12, 2006. The Plan Commission submits the petition as part of its responsibility to propose Mr. Donnelly explained the north side will be filled zoning for newly annexed properties. This 3 property is surrounded on the north, northwest, SECTION III LOCATED IN THE 1500 AND west and southwest by property zoned R-2. To 1600 BLOCKS OF KILLBUCK TRACE ON THE the northeast, east, southeast and south is NORTH SIDE AND THE 3100 TO 3200 property zoned R-1. Both R-2 and R-1 are limited BLOCKS OF ALEXANDRIA PIKE ON THE EAST to single-family homes only. Staff is requesting to SIDE. (TABLED 1-24-06) assign an R-1 zoning to continue the zoning of R-1 in the area. Staff is recommending approval of Mr. Stires explained this property was located in this proposed zone class because this property the 1500 to 1600 blocks of Killbuck Trace and the adjoins or abuts like zoning. 3100 to 3200 blocks of Alexandria Pike. The southern half (1.77 acres) of this 3.32 acre tract is Mr. Spyers asked if Lakefront Landing has been vacant ground and is zoned R-1. The northern dedicated as a City street? half (1.55 acres) of the property is occupied by a single family home, which was recently annexed Mr. Stires explained the street would be taken into the City and is now zoned R-1. All utilities are care of after Petition #2-06 has been heard. available to the site. The petitioner is seeking primary plat approval to combine the formerly Mr. Warmke asked if utilities were available? platted lots and the newly annexed ground into a new seven lot residential subdivision to be known Mr. Stires explained they are available. as Lakes at Killbuck, Section III. The lots will range in size from .36 of an acre to .68 of an acre. Mr. Suko moved to approve Petition #53-06 The plat shows a 30 ft. building setback line, because the proposed rezoning would be which matches the rest of the lots in the area. conserving the property values throughout the This plat shows 15 ft. utility, communication and neighboring districts, because it will allow for drainage easements around the perimeter and residential development under a recognized zone between some of the lots. The plat shows a class; the proposed rezoning would be considered dedicated 50 ft. right of way along the front of the responsible development and growth, because it annexed ground. The petitioner is planning to will allow for development to commence with enlarge the lots to make them more marketable. existing and planned residential development; the The Lakefront Landing is a common lane not a 50 proposed rezoning would be the most desirable ft. right of way, which will be taken care of by the use of the lane, because this track is undeveloped homeowner’s association. This primary plat did and is adjacent to developed and undeveloped receive Plat Review Committee approval in sites; the proposed rezoning would affect the January. All suggested revisions have since been current conditions and the character of the completed. Staff is recommending approval of the existing structures in the area and the surrounding primary plat because it does meet the districts, because it will improve the residential requirements of the Subdivision Control appearance of this developing site; The proposed Ordinance. If approved, this plat should not be rezoning is compatible with the comprehensive forwarded on to any other governmental unit. plan; the proposed rezoning does establish a desirable precedent in the area; public utilities are Steve Servies, Rayl Surveying and Engineering available to support the proposed rezoning. Mr. could not be heard on disk. Newman seconded. Motion passed; 8 yes, 0 no. Mr. Spyers asked if there would be sidewalks? Mr. Spyers moved to remove Petition #2-06 from tabled on the agenda so it could be heard. Mr. Mr. Servies explained there would be sidewalks. Guion seconded. Motion passed; 8 yes, 0 no. Mr. Wilkerson moved to approve Petition #2-06 PETITION #2-06 for the primary plat for a subdivision to be known SUBMITTED BY IRVING MATERIALS, INC. as Lakes at Killbuck, Section III. This primary plat FOR A PRIMARY PLAT FOR A SUBDIVISION should not be forwarded to any other TO BE KNOWN AS LAKES AT KILLBUCK, governmental unit. Mr. Spyers seconded. Motion 4 passed; 8 yes, 0 no. MISCELLANEOUS Mr. Suko amended his motion where it is stated in his motion the tract was undeveloped, but would like to amend the wording to include there is a residence on the property. CITY COUNCIL UPDATES The Plan Commission had three items in front of the City Council at the September Council meeting. The third and final readings were approved for the Sign Ordinance Requirements. The first and second readings were approved for the rezoning of 1604 West 53rd Street from R-3 to B-3 submitted by James Stottlemyer and the rezoning located at 4408 Dr. Martin Luther King Jr. Boulevard from I-3 to B-3 submitted by Scott Pettigrew and the Estate of Robert Walbridge. ADJOURNMENT A motion was made for adjournment and seconded. Meeting adjourned a 5:24 ATTEST: ______________________________ Robert Schuler, President ______________________________ Janay Smith, Commission Secretary 5