Plan Commission

PLAN COMMISSION MINUTES August 28, 2007 MEMBERS PRESENT: ECONOMIC DEVELOPMENT FOR A SECONDARY PLAT FOR A SUBDIVISION Jesse Wilkerson, President TO BE KNOWN AS THE FLAGSHIP PHASE John Suko, Vice President I LOT #11 AND A PORTION OF Joe Newman, Member ENTERPRISE DRIVE LOCATED IN THE Paul O’Neill, Member 2900 THROUGH 3100 BLOCKS OF Bob Schuler, Member ENTERPRISE DRIVE ON THE SOUTH Michael Spyers, Member SIDE (ACCELERATOR BUILDING) William Warmke, Member Michelle Weatherspoon, Member Mr. Stires explained this property is located in Gene Yates, Member the 2900 through 3100 blocks of Enterprise Drive. The property contains 10.066 acres, is MEMBERS ABSENT: zoned I-3 and is the site of the Accelerator Building. All utilities are available to the site. None The petitioner is seeking a secondary plat for a single lot subdivision and a section of roadway, OTHERS PRESENT: to be known as the Flagship Phase I, Lot #11 and a portion of Enterprise Drive. The proposed Michael Widing, Municipal Development plat shows the single lot has a 75 ft. front Director building setback line off of Enterprise Drive. Tim Stires, Assistant Development Director The plat shows a 30 ft. rear setback line as it Robin Allman, Zoning Administrator fronts I-69. The plat shows the usual 15 ft. Janay Smith, Plan Commission Secretary drainage, utility and communication easement Bill Kreegar, Attorney around the perimeter of the property and a 30 ft. dual drainage, utility and communication ROLL CALL AND DECLARATION OF easement along the north side of the plat. QUORUM There is an irregular shaped detention easement noted in the southwest corner of the Mr. Wilkerson called the meeting to order at plat. The plat also shows a limited access right- 4:33 p.m. Ms. Smith took roll call and declared of-way along the south side of the lot as it abuts a quorum with nine (9) members in attendance. Interstate 69. The proposed plat shows a dedication of an additional 100 ft. right-of-way, Mr. Warmke performed the invocation and the which amounts to 1.838 acres east of Lot #11. Pledge of Allegiance was recited. The petitioner is requesting a variance from the sidewalk requirement that is specified under MINUTES the Subdivision Control Ordinance, because the variance has been granted in other Flagship The July 24, 2007 minutes were approved as developments. Staff notes, infrastructures have presented. Motion passed unanimously; 9 yes, 0 an engineer’s estimate total of $69,085. The no. petitioner has been granted a waiver, from providing a maintenance bond for this project by COMMUNICATIONS AND REPORT OF the Board of Works. Staff is recommending COMMITTEES approval of the secondary plat and variance from the sidewalk requirement, because the plat None does meet the requirements of the Subdivision Control Ordinance. If approved, the plat should BUSINESS be forward to the Board of Public Works for the acceptance of the plat, variance, covenants and PETITION #7-07 SUBMITTED BY THE easements. FLAGSHIP ENTERPRISE CENTER AND THE ANDERSON CORPORATION FOR Steve Servies, Rayl Surveying and Engineering 1 explained a portion of the site encompassed governmental unit, but must be recorded in the what was previous Enterprise Drive that ended Madison County Recorder’s Office. at the Railroad. CSX would not allow cross access at that point, so the petitioner had the Steve Servies, Rayl, Surveying and Engineering road vacated and constructed a cul-de-sac for a explained he is open for questions. turn around. There were no questions or concerns from Plan Mr. Schuler explained the site plan puts the cul- Commission members or the audience. de-sac about 40 ft. east of where it really is located, because it had to be moved to the west Mr. Spyers moved to approve the Vacation of to show access to Lot #6. Lot #3 in a portion of the Madison Square Plat. Mr. Yates seconded. Motion passed; 9 yes, 0 no. Mr. Servies explained the previous site plan does not reflect the cul-de-sac because the PETITION #21-07 SUBMITTED BY original plat was revised. THOMAS D. BARBER AND PRIMROSE MANAGEMENT, LLC FOR A SECONDARY Ms. Weatherspoon moved to approve Petition PLAT FOR A SUBDIVISION TO BE #7-07 and variance from the sidewalk KNOWN AS MADISON SQUARE, SECTION requirement for The Flagship Phase I, Lot #11 THREE LOCATED IN THE 1000 THROUGH and a portion of Enterprise and forward to the 1200 BLOCKS OF WEST CROSS STREET Board of Public Works for the acceptance of the ON THE NORTH SIDE AND THE 2000 plat, variance, covenants and easements. Mr. THROUGH 2100 BLOCKS OF NORTH Warmke seconded. Motion passed; 9 yes, 0 no. MADISON AVENUE ON THE WEST SIDE. PETITION #18-07 (ORDINANCE #38-07) Mr. Stires explained this property is located in SUBMITTED BY THOMAS D. BARBER the 1000 through 1200 blocks of West Cross FOR A PETITION TO VACATE A PORTION Street and the 2000 through 2100 blocks of OF MADISON SQUARE PLAT LOCATED North Madison Avenue. This property contains IN THE 1100 THROUGH 1200 BLOCKS OF 24.2 acres, is zoned I-1 and a majority of the WEST CROSS STREET ON THE NORTH property is vacant wooded ground. The SIDE AND THE 2200 BLOCK OF MADISON petitioner is seeking secondary plat approval to SQUARE ON THE EAST SIDE. subdivide the acreage into a two (2) lot residential subdivision to be known as Madison Mr. Stires explained this property is located in Square, Section Three. The proposed lots will the 1100 through 1200 blocks of West Cross range in size from 3.122 acres to 19.948 acres. Street and the 2200 block of Madison Square on Staff notes the largest lot is earmarked for an the east side. This property contains 1.124 assisted living facility and condominium acres, is zoned I-1 and is vacant ground. This duplexes. The proposed plat shows a 30 ft. front property is known as Lot #3 in Madison Square building setback line as the lots front Cross Plat, which was formally platted in April 2000, Street and North Madison Avenue. The plat but has never been developed. The petitioner is shows a 15 ft. drainage, utility and seeking a vacation of Lot #3 in order to allow a communication easement around the perimeter new proposed two-lot development to be platted of the two-lot plat and between the two lots and built. State Statute does require the along the property line. There is an irregular- vacation to be approved before replatting can shaped ingress / egress, cross-access, drainage, take place. Staff is recommending approval of communication and utility easement the vacation of Lot #3 in Madison Square Plat, terminating in a cul-de-sac noted in the center because the vacation is necessary in order to of Lot #5. There is a 30 ft. Ameritech easement make way for the new two-lot subdivision. This noted along the south side of Lot #6. The vacation is not to be forwarded to any other required maintenance and drainage easements 2 are shown around the pond. The appropriate Mr. Warmke asked if this would be an right-of-way dedication is shown on both West easement? Cross Street and North Madison Avenue. The required 5 ft. sidewalks will be built as Mr. Servies explained there will be an easement development occurs on the property. There are added to serve the Super Wash site. no public infrastructure improvements involved with this plat; therefore, no engineer’s estimate Mr. Suko moved to approve Petition #21-07 for or bonding is required. Staff is recommending the secondary plat to be known as Madison approval of the secondary plat for Madison Square, Section Three and to forward it to the Square, Section Three and to forward it to the Board of Public Works for the acceptance of the Board of Public Works for the acceptance of the plat, covenants and easements. Mr. Schuler plat, covenants and easements. seconded. Motion passed; 9 yes, 0 no. Steve Servies, Rayl Surveying and Engineering PETITION #22-07 (ORDINANCE #47-07) explained with the approval of this plat it would SUBMITTED BY DEREK AND JOHN allow the petitioners to move forward with their MCHATTON FOR A ZONE MAP CHANGE construction plans. Mr. Servies explained there FROM R-3 TO B-5 LOCATED AT 1310 has been conversations with the City Engineer, EAST 38TH STREET. which he has asked to have an easement included to allow the detention pond at the Mr. Stires explained this property is located in Super Wash site, to drain into the storm the 1300 block of East 38th Street, consists of .63 drainage system on this property. The of an acre, is zoned R-3 and has a single family petitioners do not have a problem with it and home on the property. This property is would add it to the plat before it goes in front of surrounded on all sides by property zoned R-2 or the Board of Public Works. R-3. Staff notes, to the south is a business that is considered a lawful non-conforming use, Mr. Schuler asked what is the radius of the which is the closest business to this rezoning. diameter of the cul-de-sac? The next closest business would be at the intersection of Columbus Avenue and East 38th Mr. Servies explained it is 92 ft. Street. The B-5 zone class has long been considered a transitional zoning or a buffer Mr. Spyers explained the easement Mr. Servies between residential zone classes. The B-5 was talking about was a stipulation that when district is intended and designed to provide the property developed, the retention would be certain areas of the City with development of taken off of the Car Wash. Mr. Spyers professional and low-density offices in areas explained there is a small easement that would where residential dwellings are predominant. come off of Lot #4 on the north side and tap into The Comprehensive Plan does show this area as the storm drain. Traditional Residential and is in conflict with the City’s Comprehensive Plan. Staff notes, the Mr. Yates asked how wet is the area going to Comprehensive Plan is a guide for future be? development, but is not meant to be a strict plan for future development. Staff is recommending Mr. Spyers explained they are currently looking approval of the proposed rezoning because the into providing an outlet for the pond because it B-5 will serve as a suitable transitional buffer doesn’t have one at this time. between the two residential properties. Staff notes the B-5 is usually an office type business, Mr. Servies explained the plans submitted to which is operated by appointment only to the Board of Zoning Appeals do show an off- control the amount of traffic. sight storm sewer to help lower the pond and to provide an outlet. Derek McHatton, 1816 East 43rd Street explained he wants to open an insurance 3 business on the property. Mr. Schuler moved to approve Petition #20-07 Mr. Suko asked if he feels there will be an issue because the proposed rezoning would be with parking? conserving the property values throughout the neighboring districts, because it will not change Mr. McHatton explained the parking would be the nature of the neighborhood; the proposed minimal and very little traffic. rezoning would be considered responsible development and growth, because it provides Mr. Suko asked if the petitioner is planning to responsible usage of an existing building; the build a new building on the property? proposed rezoning would be the most desirable use for the land, because it provides for effective Mr. McHatton explained he would be using the utilization of the facility in the area; the existing house for his office. proposed rezoning would not affect the current conditions and the character of the existing Mr. Wilkerson asked what type of signage the structures in the area and the surrounding petitioner plans on having? districts, because it does not introduce any appreciable change, only the rezoning; the Mr. McHatton explained he would like to have proposed rezoning is in conflict with the something small on the building. comprehensive plan although acceptable; the proposed rezoning does not establish a Mr. Wilkerson asked if he plans on having a desirable precedent in the area, merely one that lighted sign on at night? is acceptable; public utilities are available to support the proposed rezoning. Mr. O’Neill Mr. McHatton explained if he has lighting it seconded. Motion passed; 9 yes, 0 no. would be 9:00 a.m. to 5:00 p.m.. Mr. Newman asked to be excused for the rest of Mr. Spyers asked how much additional parking the meeting. He left at 5:02. does he need for his business? PETITION #23-07 Mr. McHatton explained there are two spaces SUBMITTED BY IRVING MATERIALS, now to the right of the driveway and would like INC. FOR A PETITION TO VACATE A to extend it to three spaces. Mr. McHatton feels PORTION OF LAKES AT KILLBUCK, three spaces would be sufficient for his SECTION TWO LOCATED IN THE 1500 insurance business. THROUGH 1600 BLOCKS OF KILLBUCK TRACE ON THE NORTH SIDE, AND THE Mr. Wilkerson asked if the petitioner has plans 3100 BLOCK OF ALEXANDRIA PIKE ON to extend the building on the property? THE EAST SIDE. Mr. McHatton explained he does not have plans Mr. Stires explained this property is located in to extend the building. the 1500 through the 1600 blocks of Killbuck Trace and the 3100 block of Alexandria Pike. Ms. Weatherspoon asked if the parking would This property contains 1.74 acres, is zoned R-1 be pavement or gravel? and is vacant ground. All utilities are available to the site. The petitioner is seeking to vacate Mr. McHatton explained he would use six platted lots. These lots are formally known pavement. as Lots #56, #57, #58, #59, #60 and #61. The vacation will allow the developer to increase the Mr. Warmke asked if all residents within a size of the individual lots and allow for the certain district were notified for public input? construction of larger homes on larger lots in the area. Staff is recommending approval of the Mr. Stires explained they were notified. proposed vacation of the six lots in order to 4 make way for a new seven-lot subdivision. plat shows a 20 ft. drainage, utility and communication easement as the lots front all Gordon Byers, 298 South 10th Street, Noblesville three roadways. The plat shows a 20 ft. explained the petitioner feels the six lots didn’t drainage, utility and communication easement sell because they were smaller lots. They feel by along Lots #56, #58 and #59. The remaining making the lots bigger it will allow for bigger lots have a 15 ft. drainage, utility and houses and the better chance for them to sell. communication easements. There is a The property was recently annexed into the city. landscape easement noted on the proposed plat The same covenants and restrictions will apply on Lot #61. The usual right-of-way dedications as on the other lots. are shown for Alexandria Pike, Killbuck Trace and Lake Front Drive. Sidewalks will be built No questions or comments from the Plan on all lots as the houses are built. This is the Commission members or the audience. same procedure followed in the development of Section One and Two in the Lakes of Killbuck. Mr. Schuler moved to approve Petition #23-07 There are no public infrastructures involved; for the vacation of six lots. This vacation should therefore, no bond is required. Staff is not be forwarded on to any other government recommending approval of the secondary plat unit, but should be recorded in the Madison and variance from the 40 ft. building setback County Recorder’s Office. Ms. Weatherspoon line for Lakes of Killbuck Section Three. This seconded. Motion passed; 8 yes, 0 no. plat does meet the majority of the Figure 9 Requirements. If approved, this plat should be PETITION #56-06 forward to the Board of Public Works for the SUBMITTED BY IRVING MATERIALS, acceptance of the plat, covenants, easements INC. FOR SECONDARY PLAT FOR A and variances. SUBDIVISION TO BE KNOWN AS LAKES AT KILLBUCK, SECTION THREE Gordon Byers, 298 South 10th Street, Noblesville LOCATED IN THE 1500 THROUGH 1600 explained this plat is to make the lots bigger. BLOCKS OF KILLBUCK TRACE ON THE NORTH SIDE AND 3100 THROUGH 3200 Mr. Spyers asked who would maintain the BLOCKS OF ALEXANDRIA PIKE ON common area? THE EAST SIDE. (CONTINUED 12-12-06 AND 1-23-07; TABLED 3-27-07) Mr. Byers explained it would be maintain through the neighborhood association. Mr. Schuler moved to remove Petition #56-06 from tabled so it could be heard. Mr. Spyers Mr. Warmke moved to approve Petition # 56-06 seconded. Motion passed; 8 yes, 0 no. for the secondary plat for a subdivision to be known as Lakes at Killbuck, Section Three and Mr. Stires explained this property is located in forward it to the Board of Public Works for the the 1500 through 1600 blocks of Killbuck Trace acceptance of the plat, covenants, easements and 3100 to 3200 blocks of Alexandria Pike. and variance. Mr. Yates seconded. Motion This property consists of 3.42 acres, is zoned R-1 passed; 8 yes, 0 no. and mostly vacant. All utilities are available to the site. The lots will range in size from .36 to PETITION #6-07 .68 of an acre. All lots show a 30 ft. building SUBMITTED BY THE ANDERSON setback lines. The petitioners are requesting a REDEVELOPMENT COMMISSION FOR A variance from the 40 ft. building setback SECONDARY PLAT FOR A SUBDIVISION requirement, because the other lots in Section TO BE KNOWN AS ANDERSON One and Two were granted variances for a 30 ft. REDEVELOPMENT INDUSTRIAL PARK setback line. The variance request is to keep III, PHASE ONE LOCATED IN THE 2500 the properties in line in the subdivision. The THROUGH 2800 BLOCKS OF EAST 38TH 5 STREET ON THE NORTH SIDE (FORMER East 38th Street. GM PLANT #20)(TABLED 2-27-07). Mr. Schuler explained he agrees with Mr. Suko. Mr. Spyers moved to remove Petition #6-07 from tabled so it could be heard. Mr. Warmke Mr. Widing explained there is a preliminary seconded. Motion passed; 8 yes, 0 no. study for the widening of 38th Street and at that time sidewalks would be incorporated. Mr. Stires explained this property is located in the 2500 through 2800 blocks of East 38th Mr. Ward explained there is a wooden structure Street, consists of 66.965 acres, is zoned I-2 and where the Pittsford Ditch is which would have all utilities are available to the site. The to be completely reworked. If sidewalks were petitioner is seeking secondary plat approval for installed, they would only go to the Pittsford a four-lot subdivision to be known as Anderson Ditch, stop, then go on the other side of the Redevelopment Industrial Park III, Phase One. wooden structure. These lots range in size from 3.725 acres to 33.239 acres. The plat shows the building Mr. Yates explained there were some drainage setback lines will range from 45 ft. to 60 ft. concerns on the west side of 38th street. along the front of the four lots. There are various drainage, utility and communication Mr. Spyers explained there were drainage easements throughout the four lots. There is a concerns, and the County has done some work 100 ft. wide county regulated drainage to improve the area. easement, also known as the Pittsford Ditch, slicing through Lots #1 and #2. There is a 25 ft. Mr. Schuler explained Lot #2 is really not wide recorded Indiana Gas easement, which suitable for development without moving the runs north and south through Lots #2 and Lots Pittsford Ditch. #3. There is an Indiana substation easement on Lot #3. The petitioner is requesting a variance Mr. Ward explained the state of the Pittsford from the sidewalk requirement from the Ditch is not very good. Capacity wise it needs to Subdivision Control Ordinance, because the be totally reworked. Mr. Ward explained they petitioner does not feel it is necessary to have tried several times to locate the ditch and it is sidewalks through this proposed development. almost impossible without going in with a There is a 50 ft. recorded utility easement backhoe. The ditch is fragile with clay tile and running east and west through Lots #1 and #2. they did the best they could in waste deep water The usual right-of-way is shown with two trying to locate the drain. Mr. Ward explained proposed round-abouts. The Board of Public the location is a little on the plus or minus side, Works waived the cost of the infrastructure but feels it is close to what the plat reveals. improvements. Staff is recommending approval of the secondary plat for the Anderson Mr. Widing explained as Lot #2 is marketed and Redevelopment Industrial Park III and the sold, any developer or purchaser, would variance from the sidewalk requirement. Staff probably petition to relocate the Pittsford Ditch. notes the plat does meet the requirements of the Subdivision Control Ordinance and the Figure 9 Mr. Spyers asked if the easement through Lot Requirements. #1 and #2 is a road easement or sanitary easement? Richard Ward, Richard Ward and Associates, 920 Main Street explained he is open for Mr. Ward explained it is a sanitary easement. questions. Charles Myers, 2429 Sunnyside Drive asked if Mr. Suko explained he understands why there the entrance to the property would be going should be not be sidewalks through out the through his subdivision? development, but feels they are necessary along 6 Mr. Widing answered no. The plans are to Melissa Hornbeck, Jane McKinney, Marlys follow the primary plat, which will bring the Baker and Carey and Sharon Corzine, the entrance onto South Scatterfield Road. rezoning of 10.872 acres from B-6 to B-1 located in the 3900 through 4900 Blocks of South Mr. Schuler asked if Lot #6 was primarily a Scatterfield Road on the west side submitted by parking lot? Anderson Plan Commission and Gam LLC, Fred and Diana Palmer, Goodwill Industries, Jeffrey Mr. Spyers explained Lot #4 on the primary plat Sparks, William Pitts, Elda Corporation, Anh and Lot #6 on the secondary plat is primarily a Kim Bui, Victory Baptist Church, William and parking lot. Lyndell Imel, Dein Khac and Khanh My Bui, Thomas and Diana Zambara Peek, Joyce Mr. Myers asked if the lot had been sold. Lempereur, David and Dorothy Nye, Thomas Tuohy and Preston Properties, Indiana Mr. Widing explained at this time it had not Michigan Electric Company, Denny and been sold. Kimberly Peoples and Bart Churchwood and the first and second readings were approved for the Mr. Schuler moved to approve Petition #6-07 for rezoning of .706 of an acre from R-4 to B-5 the secondary plat for a subdivision to be known located at 706 and 714 Walnut Street and 1106 as Anderson Redevelopment Industrial Park III East 8th Street submitted by Dr. Harold Avila, and the variance of the sidewalk, except for the DDS, Dr. Frist, DDS and Dr. Paul Van Dorn, sidewalk on 38th Street. This plat should be DDS. forwarded to the Board of Public Works for the acceptance of the plat, covenants, variance and MISCELLANEOUS easements. Mr. Warmke seconded. Motion passed; 8 yes, 0 no. Mr. Widing presented, in ordinance form, Adult Use Standards and Alcohol Facility Control CITY COUNCIL UPDATES Standards and a copy of changes highlighted in yellow from the Plan Commission members (see The Plan Commission had several items in front attached). of the City Council at the August Council meeting. The third and final readings were There were a few changes in the language in approved for the rezoning of 60 acres from R-2 both documents that the Plan Commission and I-3 to B-3 located in the 2800 through 3200 agreed needed to be changed. Mr. Widing blocks of East 38th Street on the south side, the explained he would submit the changes to the 3800 to 4100 blocks of South Rangeline Road on Legal Department. the west side and the 2800 through 3200 blocks of East 41st Street submitted by Elda Mr. Wilkerson explained after looking at what Corporation and Virgil Cook, the rezoning of other cities do, a pictorial diagram would be 240 acres from R-2, R-3, I-3 and B-5 to B-4, good to clear up a lot of misunderstandings in located in the 2800 through 3200 blocks of East the verbiage. 41st Street extended on the south side, the 4100 through 5200 blocks of East 53rd Street on the Mr. Widing explained in the new Zoning north side and bounded on the west by Virgil Ordinances there will be lots of pictorial Cook Boulevard and Dan Patch Circle diagrams. submitted by The City of Anderson Parks Board, Elda Corporation, Virgil Cook, State of Mr. Spyers asked if there was a clearly defined Indiana, Larry and Georgia Holand, Robert and map of the downtown area? Mary Reasoner, John McShea, Tim Yardberry, Jeffery and Margie Cornell, Joseph Erner, Mr. Widing explained it is defined in the Florence Gibson, Gary and Nora Idlewine, Comprehensive Plan. Kristin Stanley, Larry Hornbeck, Bryan and 7 Mr. Suko explained this is a great first step. Mr. Suko explained that Kokomo has designated areas on where they could not have Adult stores, which they called Community Gateway Streets. Mr. Widing explained Ratio is looking at all the City’s gateways, corridors, corridor overlays and how they can be enhanced. Mr. Widing explained this is something that can be readdressed at that point. Mr. Widing explained he would like to try to move forward at this time. Mr. Wilkerson asked Mr. Widing if he feels this issue should be left alone at this time? Mr. Widing explained that is his recommendation. After a lengthy discussion, clarification and changes made by the Commission members on both proposed ordinances, Mr. Widing asked the Plan Commission to review the ordinance and changes for 30 days. Dan Sager, 925 West Post Road wanted to commend the staff on all their efforts and support for this ordinance improvement. Mr. Sager explained he would like to help support this community in ways to improve our city. ADJOURNMENT A motion was made for adjournment and seconded. Meeting adjourned a 5:58 p.m. ATTEST: ______________________________ Jesse Wilkerson, President ______________________________ Janay Smith, Commission Secretary 8