Plan Commission

PLAN COMMISSION MINUTES June 26, 2007 MEMBERS PRESENT: The Commission unanimously agreed. Jesse Wilkerson, President PETITION #11-07 (ORDINANCE #20-07) John Suko, Vice President SUBMITTED BY ELDA CORPORATION Paul O’Neill, Member AND VIRGIL COOK FOR A ZONE MAP Bob Schuler, Member CHANGE FROM R-2 AND I-3 TO B-3 Michael Spyers, Member LOCATED IN THE 2800 THROUGH 3200 Michelle Weatherspoon, Member BLOCKS OF EAST 38TH STREET ON THE Gene Yates, Member SOUTH SIDE, THE 3800 TO 4100 BLOCKS OF SOUTH RANGE LINE ROAD ON THE MEMBERS ABSENT: WEST SIDE AND THE 2800 THROUGH 3200 BLOCKS OF EAST 41ST STREET Joe Newman, Member (HORSEMAN’S ROAD) EXTENDED ON William Warmke, Member THE NORTH SIDE. OTHERS PRESENT: Mr. Stires explained these properties are located in the 2800 through 3200 blocks of East Michael Widing, Municipal Development 38th Street, the 3800 through 4100 blocks of Director South Rangeline Road and the 2800 through Tim Stires, Assistant Development Director 3200 blocks of East 41st Street. The zonings on Robin Allman, Zoning Administrator the north side of 38th Street are I-2 and R-2, Janay Smith, Plan Commission Secretary zonings to the west are zoned I-3 and I-2, to the Bill Kreegar, Attorney east is the city limit line and county zoning C-R (Conservation-Residential). To the south, is ROLL CALL AND DECLARATION OF Hoosier Park and 41st Street with a split zoning QUORUM of I-3, R-2, R-3 and B-5. The zoning of the properties surrounding the proposed B-4 Mr. Wilkerson called the meeting to order at zonings are I-3 and B-4 to the west, to the south 4:32 p.m. Ms. Smith took roll call and declared is East 53rd Street with a sizeable amount of R-2 a quorum with seven (7) members in zoning, to the east is the city limit line with a attendance. Madison County zoning of C-R. The petitioners are seeking to rezone the above properties to a Mr. Schuler performed the invocation and the business zone class of B-3 and B-4, which Pledge of Allegiance was recited. require a special exception for any development on the properties, by the Board of Zoning MINUTES Appeals. Staff notes, by rezoning these properties, it will bring them into partial The April 24, 2007 minutes were approved as alignment with the 2005 Comprehensive Plan, presented. Motion passed unanimously; 7 yes, 0 which classifies these properties as regional no. commercial or shopping center zone classes. Staff asks the Plan Commission to keep the COMMUNICATIONS AND REPORT OF following items in mind when rendering their COMMITTEES decision. How the rezoning of the B-3 would impact the apartment complex and the traffic in None the area and are the proposed rezonings the highest and best use of the properties? Staff BUSINESS notes it is the responsibility of the petitioner to demonstrate the character of the properties Mr. Stires asked if the Commission would agree have changed and the highest and best use of to have Petition #11-07 and #13-07 to be the properties would be to rezone them to B-3 presented together, but voted on separately. and B-4. Staff is recommending approval of the 1 rezonings, because a majority of the properties do abut business (Hoosier Park) and the Mr. Widing explained we are dealing with only rezonings will bring the properties in alignment the zoning of the properties at this meeting and with the Comprehensive Plan. the public will be notified of any development accruing on these properties. Any development Dick Donnelly, 1615 Broadway, explained, the would require a special exception approval by area north of the track is owned by Virgil Cook the Board of Zoning Appeals. and Elda Corporation. Mr. Cook has gotten several inquiries about some retail activity and Mr. Suko asked if the City is responsible for the would like to rezone the ground for future expansion of Old State Road 67? development. The area to the south is owned partially by Virgil Cook and the Elder Mr. Widing explained that is why the City has Corporation. Mr. Donnelly explained the requested a traffic study to find the impact on Planning staff recommended to include the area all of the roads surrounding this area. owned by Hoosier Park and the properties on the southeast corner, owned by several Mr. Schuler explained with expansion of Virgil individuals, to be a part of the rezonings, to Cook Boulevard to Dan Patch Circle to East 38th bring it all together. Mr. Donnelly gave a little Street it would put a lot of traffic on East 38th history of the property explaining this site was Street. Mr. Schuler asked what is Mr. Cook at one time, for future expansion of General willing to do to facilitate the expansion? Motors. Mr. Cook purchased the property and donated about 136 acres to the City for Hoosier Mr. Donnelly explained Mr. Cook has Park and new roadways. Mr. Cook has generously donated land for the Virgil Cook dedicated an extensive amount of right-of-way Boulevard expansion and 41st Street and the between the line of B-3 and B-4. To the left of right-of-way for Hoosier Woods. Mr. Donnelly the track, running north and south, is a 100 ft. explained nothing could be built in a B-3 and a right-of-way for the extension the boulevard, to B-4 without a special exception from the Board the circle north to 38th Street. This property of Zoning Appeals and having the land sub- was dedicated for the City for future growth of divided. Mr. Donnelly explained Mr. Cook has Hoosier Park. Mr. Donnelly explained there is already dedicated the right-of-way to make the no buyer at this time for development, except deal happen. Mr. Donnelly explained Mr. Cook, for the purchase of 19 acres by the operators of or the buyer of this land, would be expected to Hoosier Park. donate the right-of-way and to pay their share in the construction of any roadways. Mr. Spyers asked if Mr. Cook owns the adjacent I-3 area? Don Walker, 2014 E 200 S explained he has two concerns, the traffic and drainage. Mr. Walker Mr. Donnelly explained Mr. Cook is the owner explained the traffic is bad now and would like of the property. it to be looked at. Mr. Walker explained he didn’t have any problems with drainage until Tim Vetor, 3215 East 53rd Street asked where Hoosier Woods Apartments were built. Mr. the ingress / egress would be located? Walker explained he contacted the county and they said they couldn’t do anything about it Mr. Widing explained the state would have because they didn’t have any money. He is control over where the ingress / egress would be concerned with more construction comes more located, because it would come off to a state drainage problems. highway. Mr. Spyers explained he would contact the Mr. Spyers explained Hoosier Park is doing a county regarding the drainage problem. Mr. traffic study at this time to see the potential Spyers explained when Hoosier Woods was traffic impact the slot machines will cause. built, the existing tile was relocated and new 2 tile was put in up to 38th Street. Mr. Spyers EXTENDED ON THE SOUTH SIDE, THE explained the drainage problem would have to 4100 THROUGH 5200 BLOCKS OF SOUTH do with the maintaining of the Pittsford Ditch. RANGE LINE ROAD ON THE WEST SIDE, THE 2700 THROUGH 3200 BLOCKS OF Mr. Walker explained he doesn’t think the ditch EAST 53RD STREET ON THE NORTH SIDE is big enough. AND BOUNDED ON THE WEST BY VIRGIL COOK BOULEVARD AND DAN PATCH Mr. Schuler moved to approve Petition #11-07 CIRCLE. because the proposed rezoning would be conserving the property values throughout the Mr. Schuler moved to approve Petition #13-07 neighboring districts, the rezoning would place because the proposed rezoning would be the property in a class that will accommodate conserving the property values throughout the anticipated usage of the land; the proposed neighboring districts, the rezoning would place rezoning would be considered responsible the property in a class that will accommodate development and growth, because it will permit anticipated usage of the land; the proposed the businesses to develop in support of the rezoning would be considered responsible central business in the area; the proposed development and growth, because it will permit rezoning would be the most desirable use for the businesses to develop in support of the the land, because the previous use plan and central business in the area; the proposed zoning is no longer viable; the proposed rezoning would be the most desirable use for rezoning would not affect the current the land, because the previous use plan and conditions and the character of the existing zoning is no longer viable; the proposed structures in the area and the surrounding rezoning would not affect the current districts, because most of the land is open and conditions and the character of the existing the building within the proposed changes structures in the area and the surrounding comply with the proposed rezoning; the districts, because most of the land is open and proposed rezoning is not in conflict with the the building within the proposed changes comprehensive plan; the proposed rezoning comply with the proposed rezoning; the does establish a desirable precedent in the proposed rezoning is not in conflict with the area; public utilities are available to support comprehensive plan; the proposed rezoning the proposed rezoning. Mr. Weatherspoon does establish a desirable precedent in the seconded. Motion passed; 7 yes, 0 no. area; public utilities are available to support the proposed rezoning. Mr. Suko seconded. PETITION #13-07 (ORDINANCE #30-07) Motion passed; 7 yes, 0 no. SUBMITTED BY THE CITY OF ANDERSON PARKS BOARD, ELDA PETITION #14-07 (ORDINANCE #31-07) CORPORATION, VIRGIL COOK, STATE SUBMITTED BY THE BOARD OF OF INDIANA, LARRY AND GEORGIA AVIATION COMMISSIONERS FOR A HOLDEN, ROBERT AND MARY PETITION TO VACATE A PORTION OF REASONER, JOHN MCSHEA, TIM THE ANDERSON INDUSTRIAL PARK YARDBERRY, JEFFREY AND MARGIE PHASE-1A PLAT LOCATED IN THE 900 CORNELL, JOSEPH ERNER, FLORENCE BLOCK OF STATE ROAD 32 ON THE GIBSON, GARY AND NORA IDLEWINE, SOUTH SIDE AND THE 300 BLOCK OF KRISTIN STANLEY, LARRY HORNBECK, INDUSTRIAL DRIVE ON THE WEST SIDE BRYAN AND MELISSA HORNBECK, INCLUDING THE RIGHT-OF-WAY FOR JANET MCKINNEY, MARLYS BAKER, INDUSTRIAL COURT. AND CAREY AND SHARON CORZINE FOR A ZONE MAP CHANGE FROM R-2, R-3, I-3 Mr. Stires explained this property is located in AND B-5 TO B-4 LOCATED IN THE 2800 the 900 block of State Road 32 and the 300 block THROUGH 3200 BLOCKS OF EAST 41ST of Industrial Park, consists of 3.53 acres, is STREET (HORSEMAN’S ROAD) 3 zoned I-1 and is vacant. The vacation is of the three lots. There is a requested 20 ft. necessary because of economic development that drainage, utility and communication easement is occurring at the airport. The petitioner would straddling the property lines between the three like to vacate the two platted lots and right-of- lots. The plat shows a 40 ft. half right-of-way way since they have not developed and to allow dedication for public use along the east side of for a 16-lot office and industrial park. The Romine Road. All suggested revisions by the petitioner has formally notified the remaining Plat Review Committee have since been three lots in the subdivision of the vacation of completed. Staff is recommending approval of this plat. Staff is recommending approval of the the three-lot subdivision to be known as Open vacation, which will allow the petitioner to move Prairie Farms Subdivision because it does meet forward with the 16-lot subdivision. This plat is the requirements of the Subdivision Control not to be forwarded on to any other Ordinance. governmental unit. Michael Ramsey asked if there would be John Blevins, 205 West 8th Street, attorney for sanitary sewers installed and will the same the Board of Aviation, explained this vacation is covenants apply to the west side that are on the to allow fresh ground to be rezoned or replatted east side of this subdivision? in the future. Mr. Spyers explained there are no plans to run No questions or concerns from the Commission sanitary sewers because the lots are large or audience. enough to handle a septic system. Mr. Schuler moved to approve Petition #14-07 Mr. Schuler explained the houses would be built for the vacation for the following findings; the with City Requirements and Codes whether it is condition in the platted area has changed so as electric or structure. to defeat the original purpose of the plat. It is in the public’s interest to vacate all or part of Mr. Spyers moved to approve Petition #15-07 for the plat and the value of the land not owned by the primary plat for a three-lot subdivision to be the petitioner here in, will not be diminished by known as Open Prairie Farms Subdivision. Ms. vacation. Mr. Spyers seconded. Motion passed; Weatherspoon seconded. Motion passed; 7 yes, 7 yes, 0 no. 0 no. PETITION #15-07 PETITION #16-07 SUBMITTED BY GEORGE LIKENS AND SUBMITTED BY STEVE DARLINGTON LIKENS HOLDING LLC FOR A PRIMARY AND THE ANDERSON BOARD OF PLAT FOR A SUBDIVISION TO BE AVIATION COMMISSIONERS FOR A KNOWN AS OPEN PRAIRIE FARMS SECONDARY PLAT FOR A SUBDIVISION SUBDIVISION LOCATED IN THE 1300 TO BE KNOWN AS AERO PARK LOCATED THROUGH 1400 BLOCKS OF ROMINE IN THE 800 THROUGH 1000 BLOCKS OF ROAD ON THE EAST SIDE. STATE ROAD 32 ON THE SOUTH SIDE. Mr. Stires explained this property is located in Mr. Stires explained this property is located in the 1300 through 1400 blocks of Romine Road, the 800 through 1100 blocks of State Road 32 on is zoned R-2, consists of 19.529 acres and is the south side, consists of 52.074 acres, is zoned vacant property. The petitioner is seeking to I-1 and is vacant farm ground. All utilities are subdivide this property into three (3) nearly available to the site. The petitioners are identical sized lots ranging in size from 6.302 to seeking secondary plat approval for a 16-lot 6.326 acres. All lots have the required 40 ft. subdivision to be known as Aero Park. This is building setback line, 15 ft. drainage, utility and the same primary plat approved in April. The communication easement around the perimeter plat shows the same building setback lines 4 ranging from 10 ft. to 100 ft. There are eight lots in the front bisected by a road called Mr. Spyers asked if there would be any gates or Aviation Way. Lots #9 through #16 will have security preventing people coming off of State access to the airport runways with Road 32 accessing the airport? ingress/egress to allow planes to taxi off the runways into the different hangers. The same Mr. Zant explained there would not be a utility, drainage and communication easements security gate at the park entrance. There will are shown on the secondary plat that was shown be a security fence preventing people from on the primary plat. There are two common driving the roads and accessing the runways, areas shown as Lots #14 and #16. The plat which is an FAA requirement. shows a second private road shaped in a “U” called Spacetek Drive. This drive runs along Mr. Schuler explained there is an existing fence the south side of the southern lots, turns north that was paid for by federal grant money. Mr. and bisects the remaining lots, giving access for Schuler asked if the developers plan on traffic coming off of State Road 32 by way of replacing the fence that separates this Industrial Drive. The proper easements have development from the airfields? The City or the been set aside for the private roadways. There Airport Board should not be obligated to replace are no public infrastructure improvements, so the fence. no bond is required. There is monumentation that has not been installed, that requires either Mr. Zant explained the fence would be bonding or a letter of credit to be on file. There constructed between the road and the taxiway. is no bond on file at this time. Mr. Schuler explained he is satisfied that Mr. Kreegar explained if this petition is fencing will be on Lot #15 and Lot #13 along the approved it should be subject to the bond being south edge and perhaps along the west end by on file. the cemetery then to tie into the existing fence. The fencing is a significant expense and needs Mr. Stires explained the petitioner is requesting to be a part of the development plans. Mr. a variance from the sidewalk requirement Schuler’s asked if the fire department was because the sidewalks would run onto the involved in reviewing the proposed plat? runways and would be a safety hazard. Staff is recommending approval of the secondary plat Mr. Widing explained they were invited to the for Aero Park and the variance for sidewalks, Plat Review meeting, but they did not show up. because the plat does meet a majority of the requirements of the Subdivision Control Mr. Schuler explained he doesn’t feel the radius Ordinance. If approved, this plat should be on Spacetek Drive is large enough to forwarded to the Board of Public Works for the accommodate the fire department’s ladder acceptance of the plat and bonding for the truck. Mr. Schuler feels the plans should be monuments, covenants and easements. reviewed by the fire department. John Zant, Butler, Fairman and Seifert Mr. Widing explained the radius is 65 ft. explained the petitioner received a letter of comments for revision and all issues have been Mr. Spyers explained the 65 ft. radius should be resolved. Mr. Zant asked the Commission for large enough for the curve because a cul-de-sac their approval. requires a 45 ft. radius. Mr. Spyers asked if the petitioner’s would Mr. Schuler explained he feels the plans should maintain access to the cemetery? be reviewed by the fire department. Mr. Zant explained they would be maintaining Mr. Schuler explained the plat shows Spacetek access to the cemetery. Drive comes from the north and the east, but 5 the plat does not show where the road connects. fear the monuments will move during those type of operations. The pins or concrete markers will Mr. Zant explained the road is anticipated to be permanent after the construction. connect at the corner where the map shows a utility easement. Mr. Schuler explained, the Commission is being asked to approve the final plat, which should Mr. Schuler asked Mr. Zant to explain why reflect what is actually going to happen. Also there are various setbacks on the property. another concern is the security gate needs to meet the FAA Requirements. Mr. Schuler asked why the plans show a 30 ft. setback when it is required to have a 40 ft.? Mr. Mr. Widing explained Mr. Darlington should Schuler explained that is a narrow road and the have been at the meeting to answer some of Mr. whole right-of-way, which includes ingress / Schuler’s questions and concerns. egress, is only 30 ft. After a lengthy discussion Mr. Schuler asked for Mr. Widing explained in an I-1 zoning and the the petition to be tabled until all concerns are setback is 30 ft. satisfied and the final plat reflects what the Commission would be approving. Mr. Zant explained the 100 ft. setback is allowing for an object free area, which is Mr. Schuler moved to table Petition #16-07. Mr. required for the taxiway. The 10 ft. is to the O’Neill seconded. Motion passed; 7 yes, 0 no. property line. PETITION #17-07 (ORDINANCE #33-07) Mr. Schuler explained there needs to be more SUBMITTED BY ANDERSON PLAN detail on the plat regarding the connection of COMMISSION AND GAM LLC, FRED AND Spacetek Drive from the east to the south and DIANA PALMER, GOODWILL the fire department should sign off on the 65 ft. INDUSTRIES, JEFFREY SPARKS, radius before this plat is approved. WILLIAM PITTS, ELDA CORPORATION, ANH KIM BUI, VICTORY BAPTIST Mr. Wilkerson asked Mr. Spyers how he feels CHURCH, WILLIAM AND LYNDELL IMEL, about the radius? DEIN KHAC AND KHANH MY BUI, THOMAS AND DIANA ZAMBARA PEEK, Mr. Spyers doesn’t feel there is a problem with JOYCE LEMPEREUR, DAVID AND it, but does not want to speak for the fire DOROTHY NYE, THOMAS TUOHY AND department. PRESTON PROPERTIES, INDIANA MICHIGAN ELECTRIC COMPANY, DENNY Mr. Widing explained the connection of AND KIMBERLY PEEPLES, AND BART Spacetek Drive is shown on the primary plat. CHURCHWARD FOR ZONE MAP CHANGE FROM B-6 TO B-1 LOCATED IN THE 3900 Mr. Suko asked what is meant by THROUGH 4900 BLOCKS OF SOUTH monumentation? SCATTERFIELD ROAD ON THE WEST SIDE. Mr. Widing explained it is the steel rods that are at the corners of the property. Mr. Stires explained these properties are the remaining B-6 zoned properties on the west side Mr. Stires asked Mr. Zant why the monuments of South Scatterfield Road. These properties should not be placed on the property until the are located in the 3900 through 4900 of South work is complete. Scatterfield Road on the west side, contains 10.872 acres and are occupied by single-family Mr. Zant explained because there will be earth homes, businesses and a church. At the April moving operations and it is always a worry or meeting, the Plan Commission asked staff to 6 begin the process of rezoning the remainder of explained she is here to speak for approval of the B-6 zonings along the west side of South the rezonings and thanked the City for picking Scatterfield Road. This petition is asking for up the cost. the rezonings per the Plan Commission’s request. Staff notes the B-1 zone class does Clarence Burk, 1715 East 49th Street asked why allow for a majority of the retail and commercial everyone did not get letters. type developments. Staff notes there is no intent to rezone properties in the Clearview Mr. Stires explained staff sent out 180 letters all Addition to B-1, only the properties along the within 300 ft. of the affected property. west side of Scatterfield Road. Staff notes, by rezoning the properties from B-6 to B-1, it will Mr. Widing explained the City’s title research align the rezonings with Anderson’s 2005 clerk went to the courthouse and researched the Comprehensive Plan which shows this corridor properties within 300 ft. Mr. Widing explained designated as Community Commercial. Staff is sometimes the court records are not up to date. recommending approval of the rezonings from Whoever the records show as titleholder on the B-6 to B-1, because the lots zoned B-6 never properties listed, were sent a letter. developed as commercial. Staff notes a lot of the properties now adjoin B-1 zonings. Alice Folsom explained she bought her house in November and the courthouse records still do Mr. Kreegar explained to the Commission, if not show her name on the title. they recommend approval of the rezonings, the B-1 zoning should be subject to the B-6 Mr. Kreegar explained the department did their covenants of landscape buffering, lighting, legal obligation. fencing, cross-access and prohibition of billboards. Mr. Kreegar explained the Mr. Suko moved to approve Petition #17-07 Commission has asked for this same covenant in because the proposed rezoning would be the past when approving a B-1 along this conserving the property values throughout the corridor. neighboring districts, because it will align all properties in this redevelopment strip to the Alice Folsom, 2027 East 41st Street is concerned same zone class; the proposed rezoning would about traffic when the properties are rezoned to be considered responsible development and B-1 are developed business. growth, because it will allow development under a more desirable zoning classification, yet Mr. Widing explained any business developed provide a covenant to address the concerns would not be able to block off 41st Street. Mr. previously mentioned including landscape Widing explained the development would also buffering, lighting, fencing, cross access and a have to go through the City Engineer’s and prohibition on any placement of billboards on State INDOT office for ingress / egress. these properties; the proposed rezoning would be the most desirable use for the land, because Sara Haskette asked what is the City’s intention this corridor is developing or redeveloping as in paving 41st Street if businesses are developed. small businesses and many current owners desire the rezoning to a business class, which Mr. Schuler explained the road would be paved will enhance the saleability of their properties; by the end of summer. the proposed rezoning would affect the current conditions and the character of the existing Mr. Schuler explained one thing required when structures in the area and the surrounding a business develops is cross-access, which may districts, because many of the properties are improve the 41st Street residents access onto earmarked for business or are currently small Scatterfield Road. businesses; the proposed rezoning is not in conflict with the comprehensive plan; the Dorothy Nye, 3941 South Scatterfield Road proposed rezoning does establish a desirable 7 precedent in the area; public utilities are ATTEST: available to support the proposed rezoning. Also, the petitioners will be required to file a covenant for landscape buffering, lighting, ______________________________ fencing, cross access and a prohibition on any Jesse Wilkerson, President placement of billboards on these properties. Mr. Spyers seconded. Motion passed; 7 yes, 0 no. ______________________________ CITY COUNCIL UPDATES Janay Smith, Commission Secretary The Plan Commission had several items in front of the City Council at the May and June Council meetings. The third and final readings were approved for the rezoning of .15 of an acre from R-4 to B-1 located at 2811 Main Street submitted by Sue and Michael Tellman. The first and second readings were approved at the May meeting for the rezoning of .367 of an acre from B-6 to B-1 located at 4447 South Scatterfield Road submitted by James Hosier and .43 of an acre from B-6 to B-1 located at 4435 South Scatterfield Road submitted by Stephen and Sylvia Ashby. The final readings for the rezoning of .367 of an acre from B-6 to B- 1 located at 4447 South Scatterfield Road submitted by James Hosier and .43 of an acre from B-6 to B-1 located at 4435 South Scatterfield Road submitted by Stephen and Sylvia Ashby approved by the City Council at the June meeting. The final item approved by the City Council was various definitions and standards contained in the zoning codes. MISCELLANEOUS Mr. Widing presented some changes he would like to make to what is required to go in front of the Board of Zoning Appeals for a special exception. Mr. Widing would like to add Adult Clubs, Liquor Stores and bars. Mr. Widing asked the Commission to review the handout for 30 days. ADJOURNMENT A motion was made for adjournment and seconded. Meeting adjourned a 6:11 p.m. 8