Plan Commission

PLAN COMMISSION MINUTES July 24, 2007 MEMBERS PRESENT: PETITION #18-07 (ORDINANCE #38-07) SUBMITTED BY THOMAS D. BARBER Jesse Wilkerson, President FOR A PETITION TO VACATE A PORTION John Suko, Vice President OF MADISON SQUARE PLAT LOCATED Joe Newman, Member IN THE 1100 THROUGH 1200 BLOCKS OF Paul O’Neill, Member WEST CROSS STREET ON THE NORTH Bob Schuler, Member SIDE AND THE 2200 BLOCK OF MADISON Michael Spyers, Member SQUARE ON THE EAST SIDE. William Warmke, Member Michelle Weatherspoon, Member PETITION #21-07 SUBMITTED BY Gene Yates, Member THOMAS D. BARBER AND PRIMROSE MANAGEMENT, LLC FOR A SECONDARY MEMBERS ABSENT: PLAT FOR A SUBDIVISION TO BE KNOWN AS MADISON SQUARE, SECTION OTHERS PRESENT: THREE LOCATED IN THE 1000 THROUGH 1200 BLOCKS OF WEST CROSS STREET Michael Widing, Municipal Development ON THE NORTH SIDE AND THE 2000 Director THROUGH 2100 BLOCKS OF NORTH Tim Stires, Assistant Development Director MADISON AVENUE ON THE WEST SIDE. Robin Allman, Zoning Administrator April Phillips, Plan Commission Secretary PETITION #7-07 SUBMITTED BY THE Bill Kreegar, Attorney FLAGSHIP ENTERPRISE CENTER AND THE ANDERSON CORPORATION FOR ROLL CALL AND DECLARATION OF ECONOMIC DEVELOPMENT FOR A QUORUM SECONDARY PLAT FOR A SUBDIVISION TO BE KNOWN AS THE FLAGSHIP PHASE Mr. Wilkerson called the meeting to order at I LOT #11 AND A PORTION OF 4:32 p.m. Mrs. Phillips took roll call and ENTERPRISE DRIVE LOCATED IN THE declared a quorum with seven (7) members in 2900 THROUGH 3100 BLOCKS OF attendance. ENTERPRISE DRIVE ON THE SOUTH SIDE (ACCELERATOR BUILDING) Mr. Suko performed the invocation and the Pledge of Allegiance was recited. Mr. Stires asked for Petition’s #18-07, #21-07 and #7-07 to be continued until the next Mr. Schuler arrived after the invocation and the meeting. Pledge of Allegiance taking the quorum to eight (8) members present. Mr. Spyers moved to continue Petition’s #18-07, #21-07 and #7-07 until the next meeting. Mr. MINUTES Newman seconded. Motion passed; 8 yes, 0 no. The June 26, 2007 minutes were approved as PETITION # 16-07 SUBMITTED BY STEVE presented. Motion passed unanimously; 7 yes, 0 DARLINGTON AND THE BOARD OF no. AVIATION COMMISSIONERS FOR A SECONDARY PLAT FOR A SUBDIVISION COMMUNICATIONS AND REPORT OF TO BE KNOWN AS AERO PARK LOCATED COMMITTEES IN THE 800 THROUGH 1000 BLOCKS OF STATE ROAD 32 ON THE SOUTH SIDE. None Mr. Stires asked for Petition #16-07 to be BUSINESS removed from tabled so it could be heard. 1 Mr. Newman moved to remove Petition #16-07 data from the fire department regarding the from tabled status so the petition could be turning radius of the largest fire truck. The heard. Mr. Spyers seconded. Motion passed; 8 turning radius in the layout was 65 ft. and the yes, 0 no. radius of the fire truck is 43 to 45 ft. Mr. Schuler explained he did speak with Mr. Zant Mr. Stires explained this petition was heard at regarding his issues and his answers have been length at last month’s meeting. Mr. Stires satisfied. Mr. Schuler thanked Mr. Zant for the explained he would review the revisions the extra effort. engineering firm filed in the last 30 days. This property is located in the 800 through 1100 Michelle arrived at 4:43 after the petition was blocks of State Road 32 on the south side. The presented making nine (9) members present. petitioners are seeking secondary plat approval for a 16-lot industrial park to be known as Aero Mr. Warmke moved to approve the secondary Park. This property is zoned I-1, consists of plat for a subdivision to be known as Aero Park 52.074 acres and for the most part is vacant and forward to the Board of Public Works for land. The revised plat now has Lot 16 as a the acceptance of the plat, certified check, common area and an ingress/egress easement, monuments, covenants and easements. Mr. which was one of the issues with the private Spyers seconded. Motion passed; 9 yes, 0 no. road Spacetek Drive. This cross access would allow for emergency vehicles to maneuver PETITION #19-07 SUBMITTED BY through the area. The petitioner has provided GEORGE LIKENS AND LIKENS aerials concerning security fencing around the HOLDINGS FOR A SECONDARY PLAT property. There is a certified check on file for FOR A SUBDIVISION TO BE KNOWN AS the monuments on the property, which was the OPEN PRAIRIE FARMS SUBDIVISION final concern by the Commission. LOCATED IN THE 1300 THROUGH 1400 BLOCKS OF ROMINE ROAD ON THE Jesse Wilkerson presented Commission EAST SIDE. members with the turning radius requirements, which were also a concern, for future reference. Mr. Stires explained this property is located in the 1300 through 1400 blocks of Romine Road, John Zant, Butler, Fairman and Seifert, is vacant, contains 19.58 acres and is zoned R-2. explained there were four issues of concern by All utilities are available to the site except for the Commission and all have been resolved. Mr. sanitary sewer. The petitioner is proposing a Zant explained they coordinated with the fire three-lot residential subdivision with lots department and planned for the largest fire ranging in size from 6.302 acres to 6.326 acres. truck the fire department has to service the site, The plat shows all three lots with a 40 ft. if ever needed. The fencing layout construction building setback line, which is required by the details are still being worked out. As lots Subdivision Control Ordinance. This three-lot develop the plans may change slightly. There subdivision will be known as the Open Prairie will still be 24-hour access off the cul-de-sac. Farms Subdivision. The plat shows the required 15 ft. drainage, utility and Mr. Yates asked if the fire department put their communication easement around the perimeter approval in writing? of the plat and 20 ft. drainage, utility and communication easement straddling the Mr. Zant explained he does not have it in property lines between the lots. The plat shows writing, but did bring Dan Dykes to the meeting a 40 ft. half right-of-way dedication along the so he can be heard on record. east side of Romine Road. The petitioner is asking for a variance from the Subdivision Dan Dykes explained the fire department is Control Ordinance Requirement for 5 ft. wide satisfied with the turning radius on the plans. concrete sidewalks along the front of the three Mr. Schuler explained he did receive the specific lots because, there are no existing side walks 2 within several thousand feet of the property. into the area, developers would put sidewalks in Staff notes there are no public infrastructure to connect. Mr. Warmke seconded. Motion improvements involved with this plat; therefore, passed; 9 yes 0 no. no bonding is required. Staff is recommending approval of the secondary plat and the sidewalk PETITION #20-07 (ORDINANCE #39-07) variance because the plat does meet the SUBMITTED BY DR. HAROLD AVILA, requirements of the Subdivision Control DDS, DR. PHILLIP FRIST, DDS AND DR. Ordinance. Staff agrees there are no existing PAUL VAN DORN, DDS FOR A ZONE MAP sidewalks in the area. If approved, the motion CHANGE FROM R-4 TO B-5 LOCATED AT should be made to forward the secondary plat 706 AND 714 WALNUT STREET AND 1106 for Open Prairie Farms Subdivision to the EAST 8TH STREET. Board of Public Works for the acceptance of the plat, variance (sidewalk), covenants and Mr. Stires explained these properties are easements. located in the 700 block of Walnut Street and the 1100 block of East 8th Street, consists of .706 Tom Beeman, attorney explained he has with of an acre and is zoned R-4. Staff notes they him, Keith Van Wienen, surveyor and George discovered these three properties occupied by Likens, president of Likens LLC and are open three dental offices were in the wrong zone for questions at this time. class. The three doctors have agreed to assist staff in correcting the zoning error. Staff Mr. Schuler asked what affect does the variance believes rezoning the dental offices to B-5, is for the sidewalk have on this plat? practical and warranted. The B-5 zone class is considered a suitable buffer between residential Mr. Beeman explained it makes a lot of and commercial zone classes. Staff notes this difference in the financial part of what the lots area is classified as Traditional Residential and could be sold for. is in conflict with the City’s Comprehensive Plan. Staff notes the Comprehensive Plan is a Mr. Schuler explained the reason there are no blue print and is not etched in stone. Staff is sidewalks in the area, is because the variances recommending approval of the rezoning, granted for them in the past. because the affected lots are already occupied by the three dental offices. The rezoning would Mr. Beeman explained in the past, they have place the offices in the proper zone class and in provided a covenant that would be with the compliance with the City Zoning Ordinance. land, that if sidewalks would connect to the property, they would be required to install them Mr. Widing explained in the future, staff would at that time. Mr. Beeman explained they are be coming in front of the Plan Commission for willing to provide the covenant, if it is the Plan other zonings to correct. Commission’s wishes. Mr. Warmke explained this is not consistent Mr. Warmke agrees it should be put into the with the Comprehensive Plan and would set a motion. precedent in the area. Mr. Kreegar explained if the Plan Commission Mr. Kreegar explained it is consistent with the does choose to have the covenant it just needs to Comprehensive Plan, because it is B-5 zoning be made part of the motion. which is a buffer between residential and commercial. Mr. Schuler moved to approve the secondary plat for Open Prairie Farms Subdivision and Mr. Wilkerson asked how many potential forward to the Board of Public Works for the properties would staff run into like this? acceptance of the plat, variance subject to the good faith agreement, should sidewalks come Mr. Widing explained there are several. 3  area; public utilities are available to support Mr. Yates asked if the rezoning affects the the proposed rezoning. Mr. Spyers seconded. occupants? Motion passed; 9 yes, 0 no. Mr. Widing explained it does not. CITY COUNCIL UPDATES Mr. Suko asked if we could do a mass rezoning The Plan Commission had several items in front in an area instead of one at a time. of the City Council at the July Council meeting. The first and second readings were approved for Mr. Widing explained that is what they are the rezoning of 60 acres from R-2 and I-3 to B-3 doing. located in the 2800 through 3200 blocks of East 38th Street on the south side, the 3800 to 4100 Mr. Schuler explained in the past few months, blocks of South Rangeline Road on the west side the zoning was changed in the Scatterfield Road and the 2800 through 3200 blocks of East 41st area in a mass, to get the zonings all aligned for Street submitted by Elda Corporation and Virgil business development. Cook, the rezoning of 240 acres from R-2, R-3, I-3 and B-5 to B-4, located in the 2800 through Mr. Widing explained it is not his agenda to 3200 blocks of East 41st Street extended on the stray from the Comprehensive Plan, but it is south side, the 4100 through 5200 blocks of East obvious that this area is calling for residential. 53rd Street on the north side and bounded on the In the future the area could go towards more west by Virgil Cook Boulevard and Dan Patch dental offices or like business. Circle submitted by The City of Anderson Parks Board, Elda Corporation, Virgil Cook, State of Mr. Warmke asked what would happen if the Indiana, Larry and Georgia Holand, Robert and rezonings were approved and the dental offices Mary Reasoner, John McShea, Tim Yardberry, moved out and another type of business moved Jeffery and Margie Cornell, Joseph Erner, in involving trucks? Florence Gibson, Gary and Nora Idlewine, Kristin Stanley, Larry Hornbeck, Bryan and Mr. Winding explained the B-5 zoning is for Melissa Hornbeck, Jane McKinney, Marlys professional office type businesses. Baker and Carey and Sharon Corzine, the rezoning of 10.872 acres from B-6 to B-1 located Mr. Schuler moved to approve Petition #20-07 in the 3900 through 4900 Blocks of South because the proposed rezoning would be Scatterfield Road on the west side submitted by conserving the property values throughout the Anderson Plan Commission and Gam LLC, Fred neighboring districts, because this is a and Diana Palmer, Goodwill Industries, Jeffrey correction for the zoning to conform with long Sparks, William Pitts, Elda Corporation, Anh established usage; the proposed rezoning would Kim Bui, Victory Baptist Church, William and be considered responsible development and Lyndell Imel, Dein Khac and Khanh My Bui, growth, because there is no change in Thomas and Diana Zambara Peek, Joyce development only in the zoning classification; Lempereur, David and Dorothy Nye, Thomas the proposed rezoning would be the most Tuohy and Preston Properties, Indiana desirable use for the land, because this usage Michigan Electric Company, Denny and has been long established; the proposed Kimberly Peoples and Bart Churchwood and an rezoning would not affect the current Ordinance vacating a platted utility and conditions and the character of the existing drainage easement within the City of Anderson, structures in the area and the surrounding Indiana submitted by Thomas D. Barber. districts, because there is no change any of the structures, only the rezoning; the proposed MISCELLANEOUS rezoning is not in conflict with the comprehensive plan; the proposed rezoning Mr. Widing explained, as the director for the does not establish a desirable precedent in the last three years, there were some things that 4 have not made sense to him regarding Dan Dykes asked, if there is an existing developments that are not heard in front of the building, can an under 21 club be put in there Board of Zoning Appeals. Mr. Widing explained with out Board of Zoning Appeals approval? some of the developments that are required to appear in front of the Board of Zoning Appeals Mr. Widing explained if it has had Board of for approval are: churches, public buildings, Zoning Appeals already it could, but if it is a schools, daycares, filling station or a fill. All of change of use, it would have to go through the these required the petitioner to notify all process. property owners within 300 ft. for public input. What doesn’t have to have approval in front of Mr. Dykes would like the under 21 clubs to be the Board of Zoning Appeals are: alcohol included in the proposal so fire codes would be facilities or adult usages. Mr. Widing explained met. Mr. Dykes explained he would like to see he has put together (see attached) what he and more control of the under 21 clubs for safety of Mr. Stires feel, can be controlled through a the children. special exception if they would have to appear in front of the Board of Zoning Appeals for Mr. Schuler explained if a proposed facility approval. Mr. Widing explained he isn’t saying would be located in an existing shopping center they should be outlawed; they should have to or other building, how does that fit in with the meet the same criteria as those petitions that jurisdiction when the shopping center has require a special exception now. Mr. Widing already had Board of Zoning Appeals approval? explained as staff and Ratio Consultants review the re-writing of the zoning ordinances and Mr. Widing explained if they add on, they still subdivision control ordinances, they have looked would be required to appear in front of the in to what other communities have in their Board of Zoning Appeals. ordinances. Mr. Widing explained other communities such as: South Bend, Bloomington, Mr. Wilkerson explained he feels the Ft. Wayne, Evansville and Terre Haute, do have Commission needs time to review the control over these types of uses by having some attachment for 30 days. sort of public forum where they have to meet development approval before they are allowed to Ms. Wetherspoon asked when an under 21 club obtain an Improvement Location Permit. Mr. is established are they required to have any Widing explained he is not trying to ban alcohol type of licensing? facilities and adult uses, this is a quality of life issue for the same standard of approval that Mr. Widing explained they have to have an other facilities have. Mr. Widing explained he entertainment permit. Mr. Widing explained has received a lot of flack since he presented under Private Club, he has written the this last month to the Plan Commission, but procedure with or without alcohol to have City feels these facilities should be on the same level Council approval before going in front of the as other facilities. Mr. Widing reviewed the Board of Zoning Appeals. attached (same attachment) definitions of Alcohol Facility Approval Standards with the Mr. Schuler explained the private club Plan Commission. Mr. Widing explained the definition does not apply to under 21 clubs City is having problems with Private Clubs because; under (d), an under 21 club could be because they are creating a nuisance, because operated for pecuniary gain and (f), there is no too many people are located in one place, or an alcohol permitted in an under 21 club. occupancy concern. They are also creating a problem with the neighborhood they are Mr. Dykes explained there needs to be bordering. Mr. Widing feels the Board of Zoning guidelines for under 21 clubs to follow to protect Appeals would be a good place for public input potential investors from losing a lot of money. before they are allowed to open. Mr. Widing reviewed the attached (same 5 attachment) definitions of Adult Use next to the downtown park. Development Control Standards with the Plan Mr. Widing explained it is not considered a Commission. park. Mr. Schuler asked how do the elements of the Mr. Warmke explained he is on the Park Board proposal compare with the County? and they consider it a park. Mr. Widing explained the County ordinances Mr. Widing explained he was told it was don’t have the retail and school make up that considered as a plaza. the City has. Mr. Schuler explained Mr. Spyers has a Mr. Widing explained he would not like to see a reasonable suggestion regarding the 250 ft. strip club downtown. radius. Mr. Schuler explained with this radius a strip Mr. Widing explained staff would look into Mr. club would not be able to be located downtown. Spyers’ suggestion. Dan Sager, 925 West Post Road, explained he Ms. Weatherspoon asked if the Alcohol Use is in was part of the Citizens of Community Value relationship to an establishment that serves group. Mr. Sager thanked Mr. Widing for his alcohol primarily in addition to food like an initiative to change and impact the positive side establishment such as TGI Friday’s or and enforcing ordinances that would affect the Applebee’s? character of the community and commended him for the information shared with the Mr. Widing read the definition of a bar in Commission. Mr. Sager would like to encourage attachment, where a bar sells alcohol for a the Plan Commission to support and advocate primary use and food is secondary. TGI the things that are important to our community. Friday’s or Applebee’s establishments, serve food as a primary and alcohol as secondary. Mr. Schuler explained he personally finds no reason to question the intent or purpose of all Mr. Schuler moved to continue the Alcohol Sales that is written in these documents. However, Facility Control Standard and the Adult Use for the Plan Commission to have a Development Control Standards until the next comprehensive understanding of what they may meeting when the changes are in ordinance propose to do, it would be beneficial to have the form, to be reviewed by the Commission and to proposal on the attached documents to be forward to the City Council for their approval. incorporated in to a proposed ordinance, so it Ms. Weatherspoon seconded. Motion passed; 9 can be seen in context. Mr. Schuler asked for yes, 0 no. the proposed ordinance, with changes only, be delivered in the packets for the August meeting. Mr. Widing asked for the Plan Commission to approve an amended legal contract for William Mr. Wilkerson explained he agreed with Mr. Kreegar for zoning violation cases, because Schuler. there have been numerous zoning violations this year and the funds have been used. Mr. Spyers explained in the documents for Alcohol Uses, not being able to be located within Mr. Warmke moved to approve the amendment 250 ft. of churches, schools or library in the for the contract for additional legal services for downtown area, would eliminate a lot of the the prosecution of zoning violations. Mr. Suko downtown area from the opening of future seconded. Motion passed; 9 yes, 0 no. alcohol facilities. ADJOURNMENT Mr. Warmke explained that Dreams is located 6 A motion was made for adjournment and seconded. Meeting adjourned a 5:50 p.m. ATTEST: ______________________________ Jesse Wilkerson, President ______________________________ Janay Smith, Commission Secretary 7