Plan Commission

PLAN COMMISSION MINUTES September 25, 2007 MEMBERS PRESENT: SECTION ONE LOCATED AT 6607 PROVIDENCE DRIVE ON THE WEST Jesse Wilkerson, President SIDE. John Suko, Vice President Joe Newman, Member Mr. Stires asked for Petition #25-07 to be Paul O’Neill, Member continued until the October meeting. Michael Spyers, Member Gene Yates, Member Mr. Spyers moved to continue Petition #25-07 until the October meeting. Mr. Yates seconded. MEMBERS ABSENT: Motion passed; 5 yes, 0 no. Bob Schuler, Member Mr. Wilkerson arrived at 4:41 to make six (6) William Warmke, Member members present. Michelle Weatherspoon, Member PETITION #24-07 (ORDINANCE #62-07) OTHERS PRESENT: SUBMITTED BY RICHARD LINDSAY AND GREG BELL FOR A ZONE MAP CHANGE Michael Widing, Municipal Development FROM B-3 NEIGHBORHOOD SHOPPING Director CENTER TO I-1 LIGHT INDUSTRIAL Tim Stires, Assistant Development Director LOCATED AT 1750 EAST 53RD STREET. Robin Allman, Zoning Administrator Janay Smith, Plan Commission Secretary Mr. Stires explained this property is located in Bill Kreegar, Attorney the 1700 block of East 53rd Street, consists of 1.5 acres, is zoned B-3 and is the site of a one-story ROLL CALL AND DECLARATION OF stone block building. The B-3 zone class allows QUORUM for most retail commercial service type uses and a B-3 is required to appear in front of the Board Mr. Suko called the meeting to order at 4:38 of Zoning Appeals for a special exception. The p.m. Ms. Smith took roll call and declared a proposed I-1 zone class is defined as light quorum with five (5) members in attendance. industrial and will incorporate most of the existing industrial developments and provide Mr. Suko performed the invocation and the for their expansion. Permitted uses will include Pledge of Allegiance was recited. only those uses where all of the operations, including the storage of materials are confined MINUTES in a building. Residences and businesses are permitted. This property is bounded on the The August 28, 2007 minutes were approved as north by 50th Street, Autumn Winds apartments presented. Motion passed unanimously; 5 yes, 0 and single-family homes all zoned R-2. To the no. east and west, there is B-1 zoning and there is B-3 zoning to the southeast and east. Staff COMMUNICATIONS AND REPORT OF notes the petitioner has indicated his intent is to COMMITTEES operate his business CESI, a control panel assembly and sales facility from the property. None Staff would encourage commission members to remain focused on how the proposed zoning BUSINESS would fit in with the surrounding zone classes. Staff has assurances the petitioner will keep all PETITION #25-07 of his operations inside of the building. The SUBMITTED BY MADISON PARK petitioner has hinted on expanding the building CHURCH OF GOD FOR A SECONDARY in the future. Staff notes the Comprehensive PLAT TO BE KNOWN AS MADISON PARK, Plan does classify this property as regional 1 commercial, which puts the property in conflict with the Comprehensive Plan. Staff Frankie Hester, 1817 East 49th Street explained notes the Comprehensive Plan is a blueprint her concerns are about hazardous waste. and can be changed. In closing, it is the petitioner’s responsibility to demonstrate the Mr. Widing explained the City has an character of the property has changed, and the environmental ordinance which we as a City can highest and best use of the land is to rezone this enforce environmental standards. Mr. Widing property from B-3 to I-1. Staff is recommending explained this business is more of an electrical approval of the rezoning because it will allow operation and does not feel there will be any the petitioner to develop his business inside the environmental issues. Mr. Widing explained if existing building. Staff notes the existing they would move and another business comes in building is conducive for a light industrial type we would enforce the environmental laws. use. Staff notes there will be a minimal amount of truck traffic on the property and the business Mrs. Hester asked if this company would move will employ eight (8) to twelve (12) employees. would the next business need to come in front of Staff feels the proposed use does fit in with the this board to establish their business. surrounding zonings and uses. Mr. Suko explained they would have to follow Richard Lindsay, 7334 Dunware Pointe, the same guidelines in an I-1 zone class but they Noblesville Indiana explained his plans are to would not need to come in front of the board. operate an engineering company with a secondary function of assembling control panels. Mr. Widing explained an I-1 does not allow for Mr. Lindsay explained there would be an outside storage. estimate of three (3) to four (4) trucks per year. Mr. Lindsay explained he has an agreement Mrs. Hester explained a company may not be with Mr. Cooper to use part of his parking area. allowed for outside storage and hazardous wastes, but they have a ventilation system. Mr. Spyers asked if the agreement with Mr. Mrs. Hester stated they could blow the Cooper is going to be recorded as an ingress / hazardous wastes outside. egress. Mr. Wilkerson explained the City would enforce Mr. Lindsay said it would be recorded. the environmental laws. Mr. Suko asked if there is a business to the Mr. Stires asked Mr. Lindsay to explain why he south of the site or is that all included in Mr. chose Anderson for his business. Lindsay’s property? Mr. Lindsay explained the company deals very Mr. Lindsay explained the business to the south heavily in automotive, Remy, I-Power and is Ameriana Bank. Perfecto Tool. This region is conducive to his business. Mr. Spyers asked Mr. Stires, if the petitioner expanded his building would it require a special Mr. Suko moved to approve Petition #24-07 exception? because the proposed rezoning would be conserving the property values throughout the Mr. Stires explained I-1 does not require a neighboring districts, because the rezoning special exception. would keep with the general nature of the surrounding businesses and developments; the Mr. Newman asked if there were any hazardous proposed rezoning would be considered wastes involved with his business? responsible development and growth, because it would allow for a conforming business Mr. Lindsay said no. development in this generally commercial area; 2 the proposed rezoning would be the most statutory drain easement on the west side of the desirable use for the land, because the existing Prairie Creek / Boland Regulated Drain. Staff structure on this site is most suitable for the notes the proposed primary plat indicates proposed use and the site is set back from prime nearly one third of the plat’s acreage is in the frontage sites which make it more suitable for Floodway Fringe, and another third is in the an I-1 use; the proposed rezoning would not actual Floodway. The plat does indicate the affect the current conditions and the character necessary right-of-way dedications have been of the existing structures in the area and the acquired in the past. The Plat Review surrounding districts, because the structure for Committee did review the plat and all suggested the proposed use is already present and is in revisions have been completed. Staff is suitable condition to be confined within it; the recommending approval of the plat. The plat proposed rezoning is in conflict with the does meet the requirements of the Subdivision comprehensive plan although acceptable; the Control Ordinance. If approved, this plat proposed rezoning does establish a desirable should not be forwarded on to any other precedent in the area; public utilities are governmental unit. available to support the proposed rezoning. Mr. Spyers seconded. Motion passed; 6 yes, 0 no. Dan Dyke, Deputy Fire Chief explained this will be a Region 6 Training Facility with 13 counties PETITION #26-07 having access. Mr. Dykes explained they hope SUBMITTED BY ANDERSON BOARD OF to have weekend fire training to show off the WORKS AND ANDERSON FIRE facility. DEPARTMENT FOR A PRIMARY PLAT TO BE KNOWN AS AFD TRAINING CENTER Mr. O’Neill asked if this would be free for the PLAT LOCATED IN THE 5600 THROUGH other counties to use? 5900 BLOCKS OF DR. MARTIN LUTHER KING JR. BOULEVARD ON THE EAST Mr. Dykes explained they have to pay for SIDE. instructors. Mr. Stires explained this property is located in Mark Keck, Chief Instructor for the Anderson the 5600 through 5900 blocks of Dr. Martin Fire Department explained State Training Luther King, Jr. Boulevard, consists of 16.816 funds would help off-set some of the cost. Any acres and carries a split zoning of B-2 and B-2 cost incurred by the Fire Department would Floodway Fringe Overlay. This property have to agree to make restitution for the cost. contains the former Yesterday’s Restaurant, The City will not be offering free training, but which the petitioner plans to demolish in the will make it as affordable as possible for them to future. Staff notes, the property is bounded on come to our city. the east by the Prairie Creek / Boland Regulated Drain. All utilities are available to the site. Mr. Newman asked what would be in the front The larger east half of the property is the future of the training facility? site of the AFD Training Center. The future plans call for the construction of a new fire Mr. Dykes explained it would be a fire station station and a classroom building with a parking because of the growth in the area. lot. The proposed primary plat does show a 75 ft. building setback line off of Dr. Martin Luther Mr. Newman explained his concern is the three King Jr. Boulevard, a 15 ft. drainage, utility and fire stations that have closed in the past If this communication easement around most of the one is built, will the City still retain the three property and a 25 ft. permanent recorded existing firehouses. easement for public utilities. There is a 25 ft. drainage, utility and communication easement Mr. Dykes explained he cannot answer that along the same 25 ft. strip slicing down the question because it would depend on where the middle of the property. There is a 75 ft. wide City grows and the tax money to fund. 3  meeting. The third and final readings were Mr. Spyers moved to approve Petition #26-07 for approved for the rezoning of .706 of an acre from the primary plat for the AFD Training Center R-4 to B-5 located at 706 and 714 Walnut Street Plat. This plat should not be forwarded on to and 1106 East 8th Street submitted by Dr. any other governmental unit. Mr. Suko Harold Avila, DDS, Dr. Frist, DDS and Dr. Paul seconded. Motion passed; 5 yes, 0 no and 1 Van Dorn, DDS and the first and second abstention. readings were approved for the rezoning of .63 of an acre from R-3 to B-5 located at 1310 East MISCELLANEOUS 38th Street submitted by Derek and John McHatton. Mr. Widing presented, in ordinance form, Adult Use Standards and Alcohol Facility ADJOURNMENT Control Standards. After 90 days of discussion and changes the Plan Commission A motion was made for adjournment and members were ready to vote on the two seconded. Meeting adjourned a 5:16 p.m. ordinances. - Adult Use Control Standards ATTEST: Mr. Spyers moved to approve the ordinance for Adult Use Control Standards and to forward it ______________________________ to the City Council for their approval. Mr. Suko Jesse Wilkerson, President seconded. Motion passed; 6 yes, 0 no. - Alcohol Sales Facility Control Standards ______________________________ Janay Smith, Commission Secretary Mr. Widing explained the reason for the ordinances is not to be restrictive, but to put these two facilities on the same playing field as churches, public buildings and libraries and to have a special exception in front of the Board of Zoning Appeals where the public can have input. Mr. Newman asked if this would affect existing businesses? Mr. Widing said no, only if they want to expand their existing facility. Mr. Suko moved to approve the ordinance for Alcohol Sales Facility Control Standards and to forward it to the City Council for their approval. Mr. Spyers seconded. Motion passed; 6 yes, 0 no. CITY COUNCIL UPDATES The Plan Commission had several items in front of the City Council at the August Council 4