Plan Commission

PLAN COMMISSION MINUTES JANUARY 23, 2007 MEMBERS PRESENT: Mr. Schuler introduced the Plan Commissions newest member, Gene Yates. Mr. Yates will Jesse Wilkerson, President take the place of member Kevin Guion. John Suko, Vice President Joe Newman, Member ELECTIONS AND APPOINTMENTS Paul O’Neill, Member Bob Schuler, Member The first order of business was the election of Michael Spyers, Member President and Vice President of the Plan Gene Yates, Member Commission and the appointments of Municipal William Warmke, Member Development Director, Planning Director, Michelle Weatherspoon, Member Secretary, the Board of Zoning Appeals and Historical and Cultural Preservation MEMBERS ABSENT: Commission. Mr. Warmke moved to elect Mr. Schuler as President of the Plan Commission. None Mr. Newman seconded. Ms. Weatherspoon moved to elect Mr. Wilkerson for President and OTHERS PRESENT: Mr. Spyers seconded. After a secret ballot count, Mr. Wilkerson won the Presidential Michael Widing, Municipal Development election with 5 votes. Mr. Warmke moved to Director elect Mr. Suko as the Vice President. Ms. Tim Stires, Assistant Development Director Weatherspoon seconded. Motion passed; 8 yes, Robin Allman, Zoning Administrator 0 no and 1 Abstention. Mr. Wilkerson made the Janay Smith, Plan Commission Secretary following appointments: Michael Widing as the Bill Kreegar, Attorney Municipal Development Director, Katherine Goar as Planning Director and Janay Smith as ROLL CALL AND DECLARATION OF the Plan Commission Secretary. Mr. Wilkerson QUORUM moved to appoint Mr. O’Neill as the appointment to the Board of Zoning Appeals. Mr. Schuler called the meeting to order at 4:38 Mr. Spyers seconded. Motion passed; 8 yes, 0 no p.m. Ms. Smith took roll call and declared a and 1 abstention. The final election was for the quorum with eight (8) members in attendance. appointment to the Historical and Cultural Preservation Commission. Mr. Spyers moved to Mr. Wilkerson arrived after roll call to make re-appoint Mr. Wilkerson to the Historical and nine (9) members present. Cultural Preservation Commission. Mr. Warmke seconded. Motion passed; 8 yes, 0 no Mr. Schuler performed the invocation and the and 1 abstention. Pledge of Allegiance was recited. Mr. Schuler moved to re-affirm the Legal Services Contract with Mr. Kreegar. Mr. Spyers MINUTES seconded. Motion passed; 9 yes, 0 no. The December 12, 2006 minutes were approved PETITION #56-06 SUBMITTED BY IRVING as presented. Motion passed unanimously; 9 MATERIALS, INC. FOR SECONDARY yes, 0 no. PLAT FOR A SUBDIVISION TO BE KNOWN AS LAKES AT KILLBUCK, COMMUNICATIONS AND REPORT OF SECTION III LOCATED IN THE 1500 COMMITTEES THOUGH 1600 BLOCKS OF KILLBUCK TRACE ON THE NORTH SIDE AND 3100 None THOUGH 3200 BLOCKS OF ALEXANDRIA PIKE ON THE EAST SIDE. BUSINESS Mr. Stires asked for Petition #56-06 to be 1 continued until the February meeting. retail establishment on the lot. Mr. Schuler moved to continue Petition #56-06 Mr. Spyers asked if 2712 would remain as a until the February meeting. Mr. Newman resident? seconded. Motion passed; 9 yes, 0 no. Mr. Rossell stated it would remain as a PETITION #2-07 (ORDINANCE #3-07) residence. SUBMITTED BY JAMES TALHELM FOR A ZONE MAP CHANGE FROM R-2 TO R-4 Mr. Spyers asked if 2712 and 2706 share a LOCATED AT 1631 LINDBERG ROAD. driveway? Mr. Stires asked for Petition #2-07 to be Mr. Rossell stated that is correct. continued until the February meeting. Mr. Yates asked if 2706 was vacant? Mr. Spyers moved to continue Petition #2-07 until the February meeting. Mr. Newman Mr. Newman explained there is a house and an seconded. Motion passed; 9 yes, 0 no accessory building. PETITION #57-06 (ORDINANCE #87-06) Mr. Schuler asked if the petitioner plans on SUBMITTED BY JACK HANCHROW, developing the property? BUCHALTER REAL ESTATE COMPANY, LLC AND NINA SMITH FOR A ZONE MAP Mr. Rossell explained they plan on developing CHANGE FROM R-2 TO B-1 LOCATED AT the larger parcel. 2712 WEST 16TH STREET. Mr. Schuler asked if the petitioner plans on Mr. Stires explained this property is located on leaving the house and the driveway? the northeast corner of West 16th Street and Brentwood Drive, consists of 2.78 acres, is Mr. Rossell stated that is correct. presently zoned R-2 and is the site of a single family home and vacant ground. This property Mr. Schuler moved to approve Petition #57-06 is surrounded on three sides by the B-1 zone because the proposed rezoning would be class and to the south by R-4. The petitioner’s conserving the property values throughout the intent is to eventually build a retail store on this neighboring districts, because it would create piece of property. The Plan Commission should increased opportunities for development; the ask if the B-1 zone class would fit in with the proposed rezoning would be considered surrounding zonings. In closing, staff notes, it is responsible development and growth, because the responsibility of the petitioner to the rezoning aligns the property with adjacent demonstrate that the character of the property properties; the proposed rezoning would be the has changed and the highest and best use of the most desirable use for the land, because the property is to rezone to B-1. Staff is rezoning recognizes the change of characteristic recommending approval of the proposed in the neighborhood and represents the best use rezoning to B-1, because the property does for the land; the proposed rezoning would not adjoin or abut property that is also zoned B-1. affect the current conditions and the character Also, the proposed rezoning is not in conflict of the existing structures in the area and the with the City’s Comprehensive Plan. surrounding districts, because the adjacent land is vacant land and available for development; Andrew Rossell, Hurley & Stewart, stated he the proposed rezoning is compatible with the represents Nina Smith and Buchalter Real comprehensive plan; the proposed rezoning Estate Company. Mr. Rossell explained the does establish a desirable precedent in the area; parcel is split into two zonings B-1 and R-2. The public utilities are available to support the request is to rezone to B-1, which will allow a proposed rezoning. Mr. Spyers seconded. 2 Motion passed; 9 yes, 0 no. particular in protecting the people to the west with the covenants with a B-1 zoning. Mr. PETITION #1-07 (ORDINANCE #2-07) Schuler stated to Mr. Boyd, he would need to SUBMITTED BY STANLEY H. BOYD FOR put a lot of money in the property to meet the A ZONE MAP CHANGE FROM B-6 TO B-1 covenants. LOCATED AT 4441 SOUTH SCATTERFIELD ROAD. Mr. Boyd explained he is aware of the expense and that is why he made the statement his plan Mr. Stires explained this property is located in may not work. Mr. Boyd explained if his plan the 4400 block of South Scatterfield Road, does not work he would sell to commercial contains .39 of an acre, is zoned B-6 and is developers. occupied by a single family home. Staff notes, properties to the north and south are zoned B-6, Mr. Schuler explained to Mr. Boyd if this is to the west are zoned R-2, to the east is rezoned the covenants go with the property. Scatterfield Road. Further north of this property there is B-1 zoning. The petitioner is Mr. Boyd stated he understands the covenants seeking to rezone the property to B-1 to open up would go with this property. a small business in the home. Staff notes if the rezoning is approved the owner would have to Steve Ashley, 4435 Scatterfield Road, explained seek approval from INDOT for an access drive to he is not opposed to the rezoning and would also the property. In summary, this property is like to rezone his property. surrounded by B-6 on both sides but similar B-1 zonings are in the area. The B-6 zone class has Mr. Wilkerson explained he would need to go not lived up to its potential and several through the rezoning process. surrounding property owners have petitioned for the same rezoning. Staff is recommending James Hoosier, 6501 South 50 West, Pendleton, approval of the rezoning, because this property explained he owns the property on the corner of has never developed under the B-6 zone class. Lora Street and Scatterfield Road. Mr. Hoosier The rezoning is not in conflict with the City’s explained he is not opposed to the rezoning and Comprehensive Plan. If approved, staff asks the would also like to rezone his property to approval to be contingent upon the filing of a commercial to sell or to start a small business. covenant addressing the issues of landscape buffering, fencing, lighting, cross access and a Frank Niccum, 2801 Lora Street, explained he is prohibition of billboards. not opposed to the rezoning. Mr. Niccum asked if a plastic factory would put off air pollution? Stan Boyd, 1486 W 700 S Pendleton, explained when he purchased the property a year ago his Mr. Boyd explained the plastic is cut, bent and intent was to develop the property into a sheet fabricated into usable items that would be used plastic application business. Mr. Boyd in health care and the medical industry. There explained he is looking for a zoning that will would be two or three employees at the most. allow retail along with an industrial zoning. Mr. Mr. Boyd explained this would not be an Boyd explained his interest in this area is industrial production that would create that because there is high retail traffic and is aware kind of air pollutants. his plan may not develop in this way. Mr. Boyd explained if he would want to sell the property it Mr. Wilkerson asked Mr. Stires to explain the would be more attractive to developers as a B-1 process involved in opening the business and zone classification. Mr. Boyd explained he is what Mr. Boyd’s next step would be. committed to a small business in Anderson. Mr. Stires explained Mr. Boyd would use the Mr. Schuler explained the lot is narrow but has garage as a showroom and would produce a depth. The Plan Commission has been very product on site. Mr. Boyd will need to acquire 3 interior building permits, signage permits, south. There is a 5 ft. drainage, utility and exterior permits and plans for paving, cross communication easement along the north access and placement of any signage. property line. There is an additional 30 ft. wide ingress / egress easement along the property Mr. Warmke moved to approve Petition #1-07 line between Lots #1 and #2. The plat shows a because the proposed rezoning would be 50 ft. half right-of-way dedication along the conserving the property values throughout the north side of East 53rd Street for any future neighboring districts, because the owner of the widening. The proposed primary plat was property has not been successful in selling or reviewed by the Plat Review Committee and all improving the property as a B-6; the proposed suggestions and revisions have since been rezoning would be considered responsible completed. Staff is recommending approval of development and growth, because B-1 zoning the primary plat known as Pinnell Addition exists in the same corridor as the B-6; the because it does meet the requirements of the proposed rezoning would be the most desirable Subdivision Control Ordinance. If approved this use for the land, because it will allow for a plat is not to be forwarded on to any other potential sale; the proposed rezoning would not governmental unit. affect the current conditions and the character of the existing structures in the area and the Mr. Schuler asked if the petitioners would be in surrounding districts; the proposed rezoning is compliance with the green space and parking compatible with the comprehensive plan; the requirements? 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. Also explained they would ask for a variance from approved, was a covenant addressing the issues the requirements from the Board of Zoning of landscape buffering, fencing, lighting, cross Appeals. access and a prohibition of billboards. Mr. Spyers seconded. Motion passed; 9 yes, 0 no. Mr. Widing explained staff supports the variances because this is an existing site. PETITION #3-07 SUBMITTED BY CHRISTOPHER A. JONES FOR PRIMARY Mr. Schuler moved to approve Petition #3-07 for PLAT FOR A SUBDIVISION TO BE the primary plat for a subdivision to be known KNOWN AS PINNELL ADDITION as Pinnell Addition. This plat should not be LOCATED AT 2002 EAST 53RD STREET forwarded to any other governmental unit. Ms. (RED BARN / TIRE BARN). Weatherspoon seconded. Motion passed; 9 yes, 0 no. Mr. Stires explained this property is located in the 2000 block of East 53rd Street, or the PETITION #4-07 SUBMITTED BY THE intersection of South Scatterfield Road and East ANDERSON REDEVELOPMENT 53rd Street. This property contains 1.494 acres, COMMISSION FOR A PRIMARY PLAT is zoned B-1 and is the present site of the Red FOR A SUBDIVISION TO BE KNOWN AS Barn Convenience Store, Bob’s Liquor Store and ANDERSON REDEVELOPMENT the Tire Barn. The petitioner is seeking a INDUSTRIAL PARK III LOCATED IN THE primary plat to subdivide this property into two 2800 THROUGH 3000 BLOCKS OF SOUTH (2) lots for a possible land transaction. The two SCATTERFIELD ROAD ON THE EAST lots will range in size from .399 of an acre to SIDE AND THE 2500 THROUGH 2800 1.095 acres. This proposed primary plat does BLOCKS OF EAST 38TH STREET ON THE show the usual easements and building NORTH SIDE (FORMER GM PLANTS #17, setbacks. There is a 15 ft. setback around the #18 AND #20). west and south, as they front 53rd Street. There is a 15 ft. wide drainage, utility and Mr. Stires explained this property is located in communication easement to the east, west and the 2800 through 3000 blocks of South 4 Scatterfield Road and the 2500 through 2800 blocks of East 38th Street. This property Mr. Ward stated the lot size is .374 acres, 814.5 contains approximately 110 acres and is zoned I- ft. on the west line, north and south and 180 ft., 2. All utilities are available to the site. The east and west. petitioner is seeking to subdivide the property into nine (9) industrial lots for a subdivision to Charles Myers, 2429 Sunnyside Drive stated he be known as the Anderson Redevelopment has several questions. Mr. Myers does not Industrial Park III. The lots will range in size believe the property will line up with Sunset from 3.7 acres to 33.2 acres. The building Gardens. Mr. Myers asked if there are any setback lines will vary from 45 ft. to 60 ft. along plans for the street to be extended to Sunset the front of the nine lots. The primary plat does Gardens? show the requested 25 ft. drainage, utility and communication easement around the perimeter Mr. Widing explained the drive would not of the entire plat. There is a 15 ft. drainage, extend into Sunset Gardens. utility and communication easement around the property lines and between the lots. The plat Mr. Myers asked if there would be a utility shows a 115 ft. wide County Regulated Drainage easement between his property and the platted Easement (Pittsford Ditch) as it slices through area? Lots #8 and #9. There is a proposed 5 ft. non- access easement noted along the west side of Mr. Widing stated that is correct. Lots #1 and #3 to prevent any driveway cuts off of Scatterfield Road. Any driveway cuts would Mr. Myers asked if there would be a building in need to be approved by INDOT. There are that area? various Indiana Bell and Indiana Gas license agreements shown on the plat. The plat shows a Mr. Widing stated there would not be a building 50 ft. wide recorded sewer easement running on the easement. through Lots #8 and #9. The plat shows various rights of ways for existing roads. The plat Mr. Myers, Mr. Widing and Mr. Stires reviewed shows two proposed round-abouts along Virgil the plat map. Cook Boulevard. The Plat Review Committee has reviewed this plat and any suggestions or Mr. Newman asked what the measurement from revisions have since been completed. Staff is the back of Mr. Myers house, to the fence? recommending approval of the primary plat for the Anderson Redevelopment Industrial Park Mr. Myers stated 25 ft. III. The plat does meet the requirements of the Subdivision Control Ordinance and if approved, Mr. Widing explained the reality is, who ever should not be forwarded to any other purchases the property keeps it a parking lot. governmental unit. Mr. Myers stated maybe. Mr. Myers is not Mr. Newman asked how much of the property is opposed to the primary plat. He is concerned contaminated? about a building being 25 ft. from his property line. Richard Ward, 920 Main Street stated it is his understanding there are no contamination on Mr. Wilkerson explained the distance would be the property. General Motors went through an greater than 25 ft. with setbacks from the expense to have it checked and the ground came development. back clear. Mr. Widing explained the distance would be 50 Mr. Widing explained there are no actions on ft. this property. Mr. Yates asked what is the size of Lot #8? Brandon Craig, 3424 Loral Drive, explained he 5 is not opposed to the primary plat, but he has concerns about drainage and the run off from Mr. O’Neill asked if the city could provide some the parking lot. type of rodent control, if a junkyard is in the city limits? Mr. Widing explained under the new ordinance everyone’s water has to remain on site and will Mr. Widing explained in the next 12 to 18 be metered very slowly off site. When the months, all the zoning ordinances would be development occurs some of these problems will reviewed. These zoning ordinances will shape be fixed by buffers and landscaping. Mr. Widing how we want the City of Anderson to be viewed. explained this is a primary plat, not a development issue. The City is trying to go Mr. Schuler explained Mr. Widing is giving a through the initial steps to be ready when a good effort to provide a definition that is needed. developer comes along so we don’t hold up their Mr. Schuler stated there should also be a development. definition of a landfill and a definition of a dump. Mr. Warmke moved to approve Petition #4-07 for the primary plat for a subdivision to be Mr. Widing explained he would get that known as Anderson Redevelopment Industrial information to the Plan Commission this month Park III. This plat should not be forwarded to so they can review it before the next meeting. any other governmental unit. Mr. Suko seconded. Motion passed; 8 yes, 0 no and 1 Michael Widing read the Department of abstention. Municipal Development’s 2006 Annual Report, which will soon be distributed to Plan MISCELLANEOUS Commission members (see attached 2006 Annual Report.) Mr. Widing read the definition of a salvage yard (see attached). Mr. Widing explained he would CITY COUNCIL UPDATES like for the Plan Commission members to review the proposed changes that staff has made to the The Plan Commission had four items in front of definition and give their opinion and/or any the City Council at the January Council changes they would recommend. Mr. Widing meeting. The third and final readings were read what the safety board approved; such approved for the rezoning of 11.55 acres from No eligibility standard, a towing service must Zone to R-1 located at 3222 Alexandria Pike maintain a lot in an I-2 zone class district submitted by the City of Anderson Plan within the city limits and obtain a special Commission and Irving Materials, Inc. The first exception for the operation of a junkyard. Mr. and second readings were approved for the Widing asked the Plan Commission to review for rezoning of .23 of an acre from R-4 to B-5 located 30 days. at 421 West 9th Street submitted by Nicale Rector and an ordinance to establish Mr. Schuler explained the junkyard and salvage Environmental Protection Standards and yard definitions should be one definition instead Enforcement Procedures. The final ordinance of two. approved by Council was for Air Management to merge with the Municipal Development Mr. Newman asked if there should be a clause Department. in the ordinance to include a privacy fence around a junkyard? ADJOURNMENT Mr. Kreegar explained, with a special exception A motion was made for adjournment and it includes a buffer and that should cover Mr. seconded. Meeting adjourned a 6:09 p.m. Newman’s concern with a fence. 6 ATTEST: ______________________________ Jesse Wilkerson, President ______________________________ Janay Smith, Commission Secretary 7