Plan Commission

PLAN COMMISSION MINUTES DECEMBER 12, 2006 MEMBERS PRESENT: LAKES AT KILLBUCK, SECTION III LOCATED IN THE 1500 THOUGH 1600 BLOCKS OF Bob Schuler, President KILLBUCK TRACE ON THE NORTH SIDE AND Jesse Wilkerson, Vice President 3100 THOUGH 3200 BLOCKS OF Kevin Guion, Member ALEXANDRIA PIKE ON THE EAST SIDE. Paul O’Neill, Member Michael Spyers, Member Mr. Stires asked for Petition #56-06 to be John Suko, Member continued until the January meeting. William Warmke, Member Michelle Weatherspoon, Member Mr. Suko moved to continue Petition #56-06 until the January meeting. Mr. Spyers seconded. MEMBERS ABSENT: Motion passed; 7 yes, 0 no. Joe Newman, Member PETITION #35-06 SUBMITTED BY DALE E. AND VICKY D. TRAVIS TO VACATE A OTHERS PRESENT: PORTION OF TOLL GATE MANOR LOCATED IN THE 700 TO 800 BLOCKS OF NORTH Michael Widing, Municipal Development Director NURSERY ROAD ON THE EAST SIDE AND Tim Stires, Assistant Development Director THE 1800 TO 1900 BLOCKS OF LINDBERG Robin Allman, Zoning Administrator ROAD ON THE NORTH SIDE. (CONTINUED 7- Janay Smith, Plan Commission Secretary 25-06; TABLED 8-22-06) Bill Kreegar, Attorney Mr. Stires asked for petition #35-06 to be ROLL CALL AND DECLARATION OF QUORUM removed from the tabled items and dismissed. Mr. Schuler called the meeting to order at 4:39 Mr. Guion asked for Petition #35-06 to be p.m. Ms. Smith took roll call and declared a removed and dismissed. Mr. Spyers seconded. quorum with seven (7) members in attendance. Motion passed; 7 yes, 0 no. Mr. Wilkerson performed the invocation and the PETITION #54-06 (Ordinance #86-06) Pledge of Allegiance was recited. SUBMITTED BY NICALE RECTOR FOR A ZONE MAP CHANGE FROM R-4 TO B-5 MINUTES LOCATED AT 421 WEST 9TH STREET. The October 24, 2006 minutes were approved as Mr. Stires explained this property is located in the presented. Motion passed unanimously; 7 yes, 0 400 block of West 9th Street, consists of .23 of an no. acre, is zoned R-4 and is occupied by a single family home and a detached garage. The Mr. Weatherpoon arrived late to make eight (8) petitioner is seeking a rezoning to open a law members present. office. This property is surrounded on all four sides be R-4. To the northeast there is a sizable COMMUNICATIONS AND REPORT OF B-5 zone class, which also contains law offices. To COMMITTEES the west there are a couple more law offices. The B-5 zone class is designed for professional type None offices. Staff adds, it is the responsibility of the petitioner to demonstrate the character of the BUSINESS property has changed and the highest and best use of the property is to rezone to B-5. Staff is PETITION #56-06 SUBMITTED BY IRVING recommending approval of this proposed rezoning, MATERIALS, INC. FOR SECONDARY PLAT because the B-5 zone class will serve as a suitable FOR A SUBDIVISION TO BE KNOWN AS transitional buffer between the residences in the 1 area and is compatible with the scattered B-5 that other attorney’s in the area have hard zonings in the area. surfaced their parking. Nicale Rector, 501 West 8th Street, explained she Mr. Guion moved to approve Petition #54-06 is an attorney and would like to move her practice because the proposed rezoning would be to this location and feels she will add some conserving the property values throughout the integrity to the neighborhood. neighboring districts, because it would enhance the area; the proposed rezoning would be Mr. Wilkerson asked if there would be enough considered responsible development and growth, parking for her clientele? because having an active law office on the property would be good curb appeal; the proposed Ms. Rector explained there is a garage that she rezoning would be the most desirable use for the and her staff would be parking in and there are land, because this is an area where law offices do two parking places behind the office. She feels gravitate; the proposed rezoning would not there is enough parking to accommodate her affect the current conditions and the character of clientele, because she has only one client the existing structures in the area and the scheduled at a time. surrounding districts, because the Historical District has a strong hold on what can and cannot Mr. Schuler asked, if parking is behind the office, be done in this area; the proposed rezoning is are there plans to hard surface the parking area? compatible with the comprehensive plan; the proposed rezoning does establish a desirable Ms. Rector explained if she can obtain a permit precedent in the area; public utilities are available she would love to hard surface the parking area in to support the proposed rezoning. Mr. Suko the spring or summer months. seconded. Motion passed; 8 yes, 0 no. Mr. Schuler asked if it is a requirement to hard PETITION #55-06 SUBMITTED BY DAVID A. surface the parking area? ONOFREY FOR A PRIMARY PLAT FOR A SUBDIVISION TO BE KNOWN AS ONOFREY Mr. Kreegar explained if there is any parking for ADDITION LOCATED IN THE 4700 THROUGH customers or clients, it is a requirement to hard 4900 BLOCKS OF DR. MARTIN LUTHER KING surface the area. JR. BOULEVARD ON THE EAST SIDE. Ms. Rector explained she would be happy to hard Mr. Stires explained this petition is located in the surface the area come spring. 4700 through the 4900 blocks of Dr. Martin Luther King Jr. Boulevard, consists of 23.938 acres and is Mr. Guion explained this area has a feel for zoned I-1 Light Industrial with the middle of the professional offices. acreage designated with a Floodway Fringe Overlay and the eastern fourth designated Mr. Suko asked if Ms. Rector would need approval Floodway. This is currently vacant ground being by the Historic Board to remodel her home? filled with excess soil from the future Nestle plant site. The petitioner is requesting to plat or Mr. Kreegar explained any remodeling on the subdivide the acreage into a six lot commercial inside does not violate the terms, it is when the subdivision to be known as Onofrey Addition. The character of the outside is changed the approval primary plat shows the lots will range in size from of the Historic Commission is needed. 1.589 acres to 14.261 acres. Lots #1 and #2 show a 75 ft. building setback line as they front Mr. Suko asked if Ms. Rector plans on removing Dr. Martin Luther King Jr. Boulevard. Lots #1, #3 the garage? and #6 show a 30 ft. building setback line as they front West 47th Street. Both setbacks do meet the Ms. Rector explained she does not intend on requirements of the City’s Thoroughfare Plan. The removing the garage. Ms. Rector made a point primary plat also shows drainage, utility and 2 communication easements ranging from 7.5 ft. to with Dr. Martin Luther King Jr. Boulevard. 25 ft. around the perimeter of all proposed lots. There is a 30 ft. ingress / egress drainage, utility Mr. Widing explained that will be a private drive, and communication easement along Lots #3, #4, not a public street. #5 and #6. A 20 ft. wide sanitary easement slicing through #3, #4 and #5 is also shown on Mr. Servies explained it is intended to be a private the plat. The primary plat shows a 5 ft. wide non- drive. access easement along Dr. Martin Luther King Jr. Mr. Schuler asked if 47th Street is platted as a City Boulevard to restrict any driveway cuts. There is street? an 80 ft. drainage easement shown on the plat straddling the east edge of Lot #6. A 70 ft. wide Mr. Servies explained that is correct, but the north conservation easement and regulated drain south ingress / egress will not be dedicated. easement on the east edge of Lot #6 to allow any trails or walkways the City may construct in the Mr. Schuler asked about putting fill in the flood future. There are (2) two 20 ft. monitor well plain. access and maintenance easements noted on Lot #6. There is a 20 ft. by 20 ft. sign easement on Mr. Widing explained fill is allowed in the floodway the northwest corner of the plat for any future fringe but not allowed in the floodway. sign placement. There is also a 50 ft. recorded ingress / egress easement shown on the south Mr. Schuler asked if all permits have been edges of Lots #5 and #6. The plat shows a 40 ft. approved and issued? half right-of-way dedication for public use along the north edge of Lot #6 in case 47th Street Mr. Widing explained a special exception for a fill should ever be extended. The Plat Review has been approved by the BZA. Committee did review this plat and any suggested revisions have since been completed. Staff is Mr. Schuler asked if the petitioner would need to recommending approval of the primary plat for get a permit to fill from the Municipal Onofrey Addition, because it does meet the Development Department? requirements of the Subdivision Control Ordinance. If this primary plat is approved, it Mr. Widing explained they do not issue permits should not be forwarded to any other they issue a special exception after the BZA governmental unit. approves it. Steve Servies, Rayl Surveying and Engineering, Mr. Schuler asked if the special exception has explained West 47th Street to the north of Lots #1 been issued? and #3 is already platted and does exist as a street. Mr. Widing explained the special exception has been issued. Mr. Schuler asked if sidewalks are going to be installed? Mr. Schuler asked if the fill stops at the floodway? Mr. Guion explained in a previous meeting, staff Mr. Servies explained they are very careful to stop recommended no sidewalks to be installed along short of the floodway. Dr. Martin Luther King, Jr. Boulevard. Mr. Schuler asked if fill material would be going Mr. Widing explained that is correct, this came down 47th Street on the north side of Lot #6? If from the City Engineer’s Office. so, how much? Mr. Schuler explained Lots #3, #4 and #5 are not Mr. Servies explained they are well over 100,000 accessible without the construction of 47th Street cubic yards, and the part adjacent to 47th Street and the street that is un-named running parallel has already been filled. 3  through 4900 blocks of Dr. Martin Luther King Jr. Mr. Schuler asked if Lots #1 and #2 could be Boulevard submitted by David Onofrey. The first developed after the secondary plat is approved? and second readings were approved for the Mr. Servies explained that is correct. rezoning of 11.55 acres from No Zone to R-1 located at 3222 Alexandria Pike submitted by the Mr. Schuler explained Lots #3, #4 and #5 cannot City of Anderson Plan Commission and Irving be developed until the City puts in 47th Street. Materials, Inc. Mr. Servies explained Lots #3, #4, #5 and #6 touch 47th Street currently, and the northwesterly ADJOURNMENT corner of Lot #6 is where 47th Street currently ends. Lot #6 can be accessed at that corner. A motion was made for adjournment and seconded. Meeting adjourned a 5:13 p.m. Mr. Spyers moved to approve Petition #55-06 for the Primary Plat for a subdivision to be known as Onofrey Addition. This plat should not be forwarded to any other governmental unit. Ms. ATTEST: Weatherspoon seconded. Motion passed; 8 yes, 0 no. ______________________________ Proposed 2007 Plan Commission Calendar Robert Schuler, President Mr. Widing asked for the Proposed 2007 Plan Commission Calendar be accepted and approved. ______________________________ Janay Smith, Commission Secretary Mr. Warmke moved to accept the 2007 Plan Commission Calendar. Mr. Suko seconded. Motion passed; 8 yes, 0 no. MISCELLANEOUS Mr. Widing explained he would like to present a proposal to update the definition of a junkyard at the next Plan Commission meeting. Mr. Widing asked the Commission to look over the present definition of a junkyard and give any recommendations for changes at the January meeting. CITY COUNCIL UPDATES The Plan Commission had four items in front of the City Council at the November Council meeting. The third and final readings were approved for the rezoning of 1.20 acres from R-2 to B-3 located at 1604 W. 53rd Street submitted by James Stottlemyer, the rezoning of 5.9 acres from I-3 to I-1 located at 4408 Dr. Martin Luther King Jr. Boulevard submitted by Scott Pettigrew and the Estate of Robert Walbridge and the rezoning of 23.938 acres from I-3 to I-1 located in the 4700 4