Plan Commission

PLAN COMMISSION MINUTES December 11, 2007 MEMBERS PRESENT: Mr. Warmke moved to continue Petition #25-07 until the next Plan Commission meeting. Mr. Jesse Wilkerson, President Spyers seconded. Motion passed; 7 yes, 0 no and John Suko, Vice President 1 abstention. Joe Newman, Member Paul O’Neill, Member PETITION #27-07 (ORDINANCE #73-07) Bob Schuler, Member SUBMITTED BY CSN, LLC FOR A ZONE MAP Michael Spyers, Member CHANGE FROM B-4 TO B-1 LOCATED AT 4202 William Warmke, Member SOUTH SCATTERFIELD ROAD. Michelle Weatherspoon, Member Gene Yates, Member Mr. Stires explained this property is located in the 4200 block of South Scatterfield Road, is vacant, MEMBERS ABSENT: consists of .371 of an acre and is zoned B-4. Staff explained this property is surrounded on all sides OTHERS PRESENT: by business zoning. There is B-4 to the north, east and south. There is B-1 zoning across Scatterfield Michael Widing, Municipal Development Director Road to the west, so this cannot be considered a Tim Stires, Assistant Development Director spot zoning. Staff notes the proposed rezoning is Robin Allman, Zoning Administrator in conflict with the City’s Comprehensive Plan and Janay Smith, Plan Commission Secretary has been classified as Regional Commercial Bill Kreegar, Attorney property. Staff notes the Comprehensive Plan is a blueprint or a guide to development in the future, ROLL CALL AND DECLARATION OF QUORUM but is susceptible to change. Plan Commission did approve a similar zoning in August of 2006 for Mr. Wilkerson called the meeting to order at 4:33 the Professional Salon Academy. Staff notes this p.m. Ms. Smith took roll call and declared a property has not developed under the B-4 in quorum with eight (8) members in attendance. seventeen (17) years. Staff notes the plan for this property is to be an automobile leasing facility by Mr. Warmke performed the invocation and the the name of Enterprise Leasing. The B-4 does not Pledge of Allegiance was recited. allow for an automobile leasing or sales lot, but by changing to B-1 the leasing facility would be MINUTES allowed. In closing, it is the responsibility of the petitioner to demonstrate that the character of this The October 23, 2007 minutes were approved as property has changed and the highest and best presented. Motion passed unanimously; 8 yes, 0 use of the property is to rezone to the B-1 zone no. class. Staff is recommending approval of the rezoning because the property is across the street COMMUNICATIONS AND REPORT OF from numerous properties zoned B-1, this property COMMITTEES has not developed in seventeen (17) years and there was a similar rezoning in August of 2006. None Bill Davisson, 1111 Meridian Street explained he is BUSINESS representing the petitioner along with Paul Nicholson with CSN and Jim Dauss. Mr. Davisson PETITION #25-07 SUBMITTED BY MADISON explained they are requesting the rezoning from PARK CHURCH OF GOD FOR A SECONDARY B-4 to B-1 because they feel it is the highest and PLAT TO BE KNOWN AS MADISON PARK best use for the property. Mr. Davisson explained SECTION ONE LOCATED AT 6607 with the size of the lot it should accommodate a PROVIDENCE DRIVE (CONTINUED 9-25-07, 10- low volume operation such as an automobile 23-07) leasing service. Mr. Davisson explained this is a good fit for the lot and surrounding businesses. Mr. Stires asked for Petition #25-07 to be This rezoning would not be harmful to adjoining continued until the next Plan Commission meeting. property, because they are already business. The rezoning would conserve the property values and 1 would allow the property to be developed for King Jr. Blvd., consists of 16.816 acres and carries business. a split zoning of B-2 General Business and B-2 Floodway Fringe Overlay. This property is the Mr. Warmke asked if there have been any former site of Yesterday’s Restaurant on the west objections from Olive Garden and T&H Sweeper half and the east half has been used for planting on this rezoning for Enterprise Leasing? trees. This acreage is bounded on the east by the Prairie Creek / Boland Regulated Drain. All utilities Mr. Davisson explained he has not received are available to the site. This primary plat received anything from either of the mentioned businesses. approval in September of 2007. The proposed secondary plat shows a 75 ft. front building Mr. Widing explained this petition is for the setback line off of Dr. Martin Luther King Jr. Blvd., rezoning of the lot. If approved, then it would go in the required 15 ft. utility, drainage and front of the Board of Zoning Appeals which at that communication easement on the north, south and time the development plan would be approved. west side of the property and a 25 ft. permanent Mr. Widing explained at that time Olive Garden recorded easement for utilities. There is a 25 ft. and T&H Sweeper would be notified of the drainage and communication easement through development plan. the center of the plat, and a 75 ft. wide statutory drainage easement along the west side of Prairie Mr. Newman asked if Enterprise has thought of Creek / Boland Drain. All rights-of-way have been putting a leasing facility at the airport? dedicated in the widening of Martin Luther King Jr. Boulevard. The petitioner is requesting a variance Mr. Davisson explained if they have considered from the sidewalk requirement because there are that location it has not been discussed with him. no sidewalks close to the proposed development. The City’s past practice has been to approve Mr. Warmke moved to approve Petition #27-07 variances from the sidewalk requirements on any th because the proposed rezoning would be project south of West 29 Street along Dr. Martin conserving the property values throughout the Luther King Jr. Blvd. for safety reasons. There are neighboring district; the proposed rezoning would no public infrastructure improvements proposed be considered responsible development and for this plat; therefore, no engineer’s estimate and growth, because there are other B-1 zonings in the no bond are required. Staff is recommending area; the proposed rezoning would be the most approval of the secondary plat and the variance desirable use for the land, other than remaining from the sidewalk requirement, because the plat vacant; the proposed rezoning would not affect does meet the requirements of the Subdivision the current conditions and the character of the Control Ordinance. existing structures in the area and the surrounding districts; the proposed rezoning is in conflict with Steve Servies, Rayl Surveying and Engineering the comprehensive plan although acceptable; the explained they have worked closely with the City proposed rezoning does establish a desirable on the requirements for the final plat. Mr. Servies precedent in the area; public utilities are available explained this would be a fine facility for the Fire to support the proposed rezoning. Mr. Spyers Department. seconded. Motion was passed; 7 yes, 0 no and 1 abstention. Mr. Schuler asked what is the width of the lot? PETITION #29-07 SUBMITTED BY ANDERSON Mr. Servies explained he is not sure. BOARD OF WORKS AND ANDERSON FIRE Mr. Schuler explained the reason for the questions DEPARTMENT FOR A SECONDARY PLAT TO is because of the requirements of sidewalks and BE KNOWN AS AFD TRAINING CENTER PLAT feels since it has been required for some to install LOCATED IN THE 5600 THROUGH 5900 sidewalks the City should do the same. BLOCKS OF DR. MARTIN LUTHER KING JR. BOULEVARD ON THE EAST SIDE. Mr. O’Neill explained he agrees with Mr. Schuler. Mr. Stires explained this property is located in the Mr. Servies explained if the Commission wants to 5600 through the 5900 blocks of Dr. Martin Luther 2 require sidewalks they would install them. owned. Mr. Montgomery explained the ingress and egress would remain. Mr. Suko also agreed with Mr. Schuler. Mr. Schuler moved to approve Petition #30-07 Mr. Spyers moved to approve Petition #29-07 for because the proposed rezoning would be the secondary plat for the Anderson Fire conserving the property values throughout the Department Training Center Plat and forward it to neighboring districts, because it would provide for the Board of Works for the acceptance of the plat, an expansion of a successful business and would variance and easements, but to include sidewalks. improve the overall appearance of the area; the Mr. Newman seconded. Motion passed; 8 yes, 0 proposed rezoning would be considered no. responsible development and growth, because it provides needed land for an expanding business; PETITION #30-07 (ORDINANCE #75-07) the proposed rezoning would be the most SUBMITTED BY ED MARTIN OF ANDERSON, desirable use for the land, because it is a LLC AND DAVE MONTGOMERY FOR A ZONE continuation of existing land that borders this lot; MAP CHANGE FROM B-3 TO B-2 LOCATED AT the proposed rezoning would not affect the 5500 SOUTH SCATTERFIELD ROAD current conditions and the character of the existing (FORMERLY LEATH FURNITURE). structures in the area and the surrounding districts, because an older building will be partially removed Mr. Stires explained this property is located in the and replaced with construction consistent with an 5500 block of South Scatterfield Road, consists of existing building; the proposed rezoning is in 3.66 acres, is zoned B-3 and is the former site of conflict with the comprehensive plan although Leath’s Furniture. Ed Martin recently purchased acceptable; the proposed rezoning does establish this property to expand their car lot. The a desirable precedent in the area; public utilities petitioners are asking for the rezoning of B-2 to be are available to support the proposed rezoning. consistent with the existing B-2 on the entire Ed Mr. Suko seconded. Motion passed; 8 yes and 0 Martin property. The zone map shows there is no. business zoning all around the property. There is B-4 to the east, B-3 to the south, across the street PETITION #31-07 (ORDINANCE #76-07) B-1 and B-4 along the west side of Scatterfield SUBMITTED BY ANDERSON PLAN Road. Staff notes this proposed rezoning is in COMMISSION FOR A ZONE MAP CHANGE conflict with the City’s Comprehensive Plan, FROM NO ZONE TO R-2 LOCATED AT 2318 because the area is shown to be Regional WEST CROSS STREET (CROSS STREET Commercial. The Comprehensive Plan is a guide CHRISTIAN SCHOOL). or a blueprint and is susceptible to change. Staff notes it is the responsibility of the petitioner to Mr. Stires explained this property is located in the demonstrate the property has changed and the 2300 block of West Cross Street, consists of highest and best use of the property is to rezone it 20.312 acres, has recently been annexed into the to B-2. Staff is recommending approval of the City of Anderson and currently does not carry a proposed rezoning because the property abuts zone class. Staff notes after reviewing the zoning property zoned B-2 and the rezoning should not around this property, staff recommends the R-2 cause any traffic concerns. zone class. Staff is recommending the approval of the assigning of a zone class because of the Ken Montgomery, 1020 Jackson Street explained nearby R-3 zoning to the south. the plans are to tear down half of the old Leath building to construct the standard blueprint of a There were no questions or concerns from the Toyota showroom. Mr. Montgomery explained audience or the Commission members. there would be a lot of green space added so it will not appear to be all asphalt. Mr. Schuler moved to approve Petition #31-07 because the proposed rezoning would be Mr. Spyers asked if the ingress and egress in front conserving the property values throughout the of the building is platted? neighboring districts, because it will provide a Mr. Montgomery explained they are individually recognized method of managing building type and 3 architecture which is absent today; the proposed Mr. Widing explained it would not. rezoning would be considered responsible development and growth, because it provides Mr. Warmke moved to approve Petition #32-07 for zoning descriptions to previous unzoned land; the the primary plat for Virgil Cook Boulevard and Dan proposed rezoning would be the most desirable Patch Circle. This plat should not be forwarded on use for the land, because it is compatible with to any other governmental unit. Mr. Spyers adjacent areas; the proposed rezoning would not seconded. Motion passed; 8 yes, 0 no. affect the current conditions and the character of the existing structures in the area and the MISCELLANEOUS surrounding districts, because this is a zoning designation; the proposed rezoning is not in Mr. Wilkerson explained he has spoken with the conflict with the comprehensive plan although School Administration regarding students acceptable; the proposed rezoning does establish performing the invocation and reciting the Pledge a desirable precedent in the area; public utilities of Allegiance. Mr. Wilkerson will be putting a letter are available to support the proposed rezoning. together for the schools. Mr. Wilkerson thanked Mr. Warmke seconded. Motion passed; 8 yes and Robin Allman for her services with the Plan 0 no. Commission; he explained this was her last meeting. PETITION #32-07 - SUBMITTED BY ANDERSON REDEVELOPMENT COMMISSION AND THE CITY COUNCIL UPDATES ANDERSON BOARD OF PUBLIC WORKS FOR A PRIMARY PLAT TO BE KNOWN AS VIRGIL The Plan Commission had three items in front of COOK BOULEVARD AND DAN PATCH CIRCLE the City Council at the November meeting. The third and final readings were approved for the (ACTUAL STREETS) LOCATED IN THE 2300 RD rezoning of 1.5 acres from B-3 to I-1 located at THROUGH 2700 BLOCKS OF EAST 53 rd 1750 East 53 Street submitted by Richard STREET ON THE NORTH SIDE. Lindsay and Greg Bell and the Alcohol and Adult Uses were also approved for the third and final Mr. Stires explained this property is located in the rd readings. 2300 through 2700 blocks of East 53 Street and involves two (2) existing access roads to the ADJOURNMENT Hoosier Park complex. These roads were constructed in the early 1990’s, but were never A motion was made for adjournment and dedicated as public streets. The primary plat does seconded. Meeting adjourned a 5:19 p.m. show a 100 ft. right-of-way for Virgil Cook Boulevard and Dan Patch Circle has a 400 ft. diameter roundabout. The total area consists of 7.556 acres. All infrastructures have been ATTEST: installed for a number of years. There is a letter on file from the City Engineer accepting these roads as built, so no bonding is required. The Plat _________________________________ Review Committee was satisfied with the primary Jesse Wilkerson, President plat as presented. Staff is recommending approval of the primary plat for Virgil Cook Boulevard and Dan Patch Circle as the plat meets _________________________________ all the requirements of the Subdivision Control Janay Smith, Commission Secretary Ordinance. This plat should not be forwarded on to any other governmental unit. Mr. Widing showed Commission members a map and history of the existing roads. Mr. Warmke asked if this would impact the agreement with the Park Board? 4