Plan Commission

PLAN COMMISSION MINUTES October 23, 2007 MEMBERS PRESENT: TO BE KNOWN AS AFD TRAINING CENTER PLAT LOCATED IN THE 5600 Jesse Wilkerson, President THROUGH 5900 BLOCKS OF DR. MARTIN Joe Newman, Member LUTHER KING JR. BOULEVARD ON THE Paul O’Neill, Member EAST SIDE. Bob Schuler, Member Michael Spyers, Member PETITION #25-07 William Warmke, Member SUBMITTED BY MADISON PARK Michelle Weatherspoon, Member CHURCH OF GOD FOR A SECONDARY PLAT TO BE KNOWN AS MADISON PARK, MEMBERS ABSENT: SECTION ONE LOCATED AT 6607 PROVIDENCE DRIVE ON THE WEST John Suko, Vice President SIDE. Gene Yates, Member Mr. Stires asked for Petition #29-07 and #25-07 OTHERS PRESENT: to be continued until the next Plan Commission meeting. Michael Widing, Municipal Development Director Mr. Spyers moved to continue Petition #29-07 Tim Stires, Assistant Development Director and #25-07 until the next meeting. Mr. Robin Allman, Zoning Administrator Newman seconded. Motion passed; 7 yes, 0 no. Janay Smith, Plan Commission Secretary Bill Kreegar, Attorney PETITION #28-07 SUBMITTED BY ANDERSON BOARD OF ROLL CALL AND DECLARATION OF WORKS FOR A PRIMARY PLAT TO BE QUORUM KNOWN AS SHERMAN SQUARE LOCATED AT 2123 SHERMAN STREET. Mr. Wilkerson called the meeting to order at 4:37 p.m. Ms. Smith took roll call and declared Mr. Stires asked Petition #28-07 be tabled until a quorum with seven (7) members in further notice. attendance. Mr. Schuler moved to table Petition #28-07 until Mr. Warmke performed the invocation and the further notice. Mr. Spyers seconded. Motion Pledge of Allegiance was recited. passed; 7 yes, 0 no. MINUTES PETITION #27-07 SUBMITTED BY CSN, LLC. FOR A ZONE The September 25, 2007 minutes were approved MAP CHANGE FROM B-4 TO B-1 as presented. Motion passed unanimously; 7 LOCATED AT 4202 SOUTH yes, 0 no. SCATTERFIELD ROAD. COMMUNICATIONS AND REPORT OF Mr. Stires explained this property is located in COMMITTEES the 4200 block of South Scatterfield Road, is vacant, consists of .371 of an acre and is zoned None B-4. The petitioner is seeking to rezone the property to B-1 to locate an auto leasing BUSINESS company on the property, which is not allowed in a B-4. If the rezoning is approved it would PETITION #29-07 require Board of Zoning Appeals approval. This SUBMITTED BY ANDERSON BOARD OF lot is platted and is called Lot 9. Staff notes, the WORKS AND ANDERSON FIRE B-4 zone class bounds the affected property on DEPARTMENT FOR A SECONDARY PLAT 1 the north, northeast, east, southeast and south. does feel that it is important to reduce Properties across South Scatterfield Road, to the vacancies. Mr. Davisson explained the west, northwest and southwest, are zoned B-1. developers he works with know where they Staff notes, although the petitioner is saying he want to be located. would like to locate an auto leasing company on the lot, this does not mean he is locked into that Mr. Newman explained he feels the same way type of business. Staff encourages the Plan as Mr. Schuler about all the empty buildings. Commission members to remain focused on how Mr. Newman asked if they would consider the B-1 zoning will fit in with the surrounding locating in the Edgewood Plaza? If Enterprise zonings. The City’s Comprehensive Plan is opening a new facility then which of the two classifies this property as Regional Commercial, existing facilities are they planning to close? which provides for commercial services. This property is not in conflict with the City’s Mr. Spyers asked if plans are to access the Comprehensive Plan. Staff notes, it is the property by the existing entrance or are they responsibility of the petitioner to demonstrate planning to have a driveway cut off of the character of this property has changed and Scatterfield Road? the highest and best use of the property is to rezone to B-1. Staff is recommending approval Mr. Davisson explained he thinks they plan on of the proposed rezoning from B-4 to B-1 using the existing entrance. Mr. Davisson because it is across the street from a number of doesn’t feel the State would allow a driveway B-1 zone classes. The auto leasing company cut that close to an intersection. This would be should not generate any more traffic than what something they would propose in front of the already exists. Board of Zoning Appeals. Bill Davisson, 1111 Meridian Street explained Ms. Weatherspoon explained she likes the the reason for the rezoning is for a company development because of the positioning of the that would like to locate an auto leasing location. Ms. Weatherspoon explained it is close company on the property. The location will to the highway and hotels. have little impact on the surrounding businesses. Mr. Davisson explained the B-1 is Mr. Warmke asked if there were any concerns the highest and best use of the property because from the Olive Garden? the area would be developed and improved. The leasing company would offer a service that is Mr. Davisson explained they have not received not available in the area right now. The any correspondence from T&H Sweeper or Olive petitioner likes the location with easy access to Garden. South Scatterfield Road and to Interstate 69. Mr. Wilkerson asked if there were any other Mr. Schuler asked the name of the leasing sites the company considered? company? Mr. Davisson explained he does not know if Mr. Davisson explained the company is there were any other sites considered, but when Enterprise Leasing. the companies contact the developer, the potential companies are shown what properties Mr. Schuler explained Enterprise already has a are available and then the company owner leasing company by Mounds Mall off of dictates where they want to be located. Scatterfield Road. Mr. Schuler explained there are several empty buildings in this area now Mr. Newman explained he is all for business and does not want it to look like Edgewood growth and development, but is concerned about Plaza with all the vacancies. all the empty buildings and is afraid when Enterprise grows they will want to move, and Mr. Davisson explained he understands and then we have another empty building. Mr. 2 Newman feels the existing empty buildings Mr. Davisson addressed a couple of issues that need to be filled before we add new ones. were brought up by Commission members. The first issue was the water situation. When the Mr. Schuler explained when he went to look at lot was platted the development of each lot was the property he observed the property is 98 ft. taken into account for water flow and having wide and 165 ft. long. When you take out 25 enough infrastructures to handle getting the percent for green space, it leaves a little over water away. The next issue was the fencing 12,000 sq. ft. of space. By the time there is a issue. When the property was developed the building on the property you have about 11,000 City wanted a fence constructed. The sq. ft. left. The Zoning Ordinance requires 1,000 developers did put up the fence and T&H tore sq. ft. per car. The maximum amount of cars the fence down without talking to the that could be on the lot is 11 cars. Mr. Schuler developers, so the developers put another fence doesn’t feel that is going to be enough cars for up. There is not a problem with the relationship the cost it will take to get the auto leasing between T&H and the developers. Mr. Davisson company running. There will have to be under- explained the last issue was aesthetics. His ground stormwater storage to handle the clients are in the business of having quality rainwater run-off. What type of building will developments and are not going to let a they put on this property, a trailer or a company put a manufactured home or prefabricated home? Once rezoning is passed, something that doesn’t look good on the the property could be used as a used car lot. Mr. property. The developers have strict rules on Schuler explained there are a lot of reasons this aesthetics and will not allow anything that is rezoning is a problem. Mr. Schuler explained not aesthetically pleasing in the area. Mr. the lot is 16 to 18 inches below the surface of Davisson explained there are no building plans Olive Garden. Mr. Schuler explained there is at this time. also a concern between the relationship of the developers and T&H Sweeper. The developers Mr. Warmke moved to approve Petition #27-07 have put a tall fence around T&H Sweeper and because the proposed rezoning would be Mr. Schuler explained it is a concern of his. conserving the property values throughout the neighboring districts, because it would become a Mr. Widing explained the Commission members part of a corridor of B-1 that already exists should stay focused on the fact this is a across the street; the proposed rezoning would rezoning. When or if the petitioners want to be considered responsible development and petition for a leasing company, it would go in growth, because it allows the area to become front of the Board of Zoning Appeals. The economic development for that area of the city; Board of zoning appeals can address the proposed rezoning would be the most architectural standards for the leasing desirable use for the land, because the B-1 zone company. A leasing company can only lease class already exists in the area and the vacant cars on the site not sell cars. Mr. Widing added property can be converted into city growth; the this is not a spot rezoning because there is like proposed rezoning would not affect the current zoning across the street. conditions and the character of the existing structures in the area and the surrounding Linda Dawson, Economic Development districts, because the economic potential would Department explained she called this company provide for continuous growth; the proposed about two years ago. At that time the company rezoning is not in conflict with the was struggling with access and visibility. comprehensive plan although acceptable; the Anderson doesn’t have a lot of leasing proposed rezoning does establish a desirable company’s with a big name like other precedent in the area; public utilities are communities. Ms. Dawson explained it is a good available to support the proposed rezoning. Ms. statement for Anderson to have a national Weatherspoon seconded. Motion was indecisive; brand name on Scatterfield Road. 4 yes, 2 no and 1 abstention. Ms. Weatherspoon moved to continue the petition to the next 3 meeting. Mr. Warmke seconded. Motion passed the finding of facts the Board of Zoning Appeals unanimously. presented and overturned the director’s decision. Mr. Widing explained the definition of MISCELLANEOUS a junkyard has since been changed because of this lawsuit. • Linda Dawson, Deputy Director of Economic Development presented the amended plan for • Mr. Wilkerson explained he would like to the Consolidated Redevelopment Area bring in the youth of the community to do the (Affiliated Computer Services). Plan pledge of the allegiance and pastors to do the Commission is not required to vote on this prayer. Mr. Wilkerson explained he would like amendment. It is required by state statute that to hear any other ideas the Commission the Anderson Redevelopment Commission members may have. present any changes or amendments in the Redevelopment Area to the Plan Commission. • Mr. Schuler would like an update on the Zoning Ordinance changes from Ratio. Mr. Newman asked what the actual parking lot size is going to be? Mr. Widing explained he would talk with Ratio and try to get it set up for the next meeting. Ms. Dawson explained it was about 3 acres. Mr. Wilkerson explained he would like the Mr. Widing explained the parking would have to update in a summary form or a 15-minute go in front of the BZA for approval. presentation. Mr. Newman asked how many parking lots are CITY COUNCIL UPDATES being proposed and will it be enough to cover shift changes? The Plan Commission had four items in front of the City Council at the October Council Ms. Dawson explained there are two parking meeting. The third and final readings were lots that will accommodate the shift changes. approved for the rezoning of .63 of an acre from R-3 to B-5 located at 1310 East 38th Street Mr. Schuler explained the company would not submitted by Derek and John McHatton. The be able to conduct business if the parking lot is first and second readings for the rezoning of 1.5 not done. acres from B-3 to I-1 located at 1750 East 53rd Street submitted by Richard Lindsay and Greg • Mr. Widing updated Plan Commission Bell and the Alcohol and Adult Uses were also members of a lawsuit filed against the Board of approved for the first and second readings. Zoning Appeals. The suit was filed against the Directors determination for the use of the ADJOURNMENT property. The gentleman misled the department by indicating he was going to open A motion was made for adjournment and up a storage center on the, former Wicke’s seconded. Meeting adjourned a 5:31 p.m. property or now Harry Holding’s property. The storage was intended for boats, cars and trucks. ATTEST: The petition really wanted to open a junkyard for wrecked vehicles and his company Northwest Wrecker service. The petitioner _________________________________ asked for a letter for the closing of the property. Jesse Wilkerson, President Staff wrote and sent the letter to the petitioner, which in turn called staff and said the letter was not correct because he was going to haul junked _________________________________ vehicles to the property. The judge did not like Janay Smith, Commission Secretary 4