Plan Commission

PLAN COMMISSION MINUTES January 22, 2008 MEMBERS PRESENT: BUSINESS: Jesse Wilkerson, President Mr. Widing introduced the Plan Commission’s Deborah Nelson, Vice-President newest members, Deborah Nelson, Willie Greg Spencer, Member Rayford, Greg Spencer, Darin Foltz and Mark Mark Lamey, Member Lamey. Willie Rayford, Member Gene Yates, Member ELECTIONS AND APPOINTMENTS Joseph Newman, Member Darin Foltz, Member The first order of business was the election of Michael Spyers, Member President and Vice President of the Plan Commission and the appointments of MEMBERS ABSENT: Municipal Development Director, Planning Director, Secretary, the Board of Zoning None Appeals and Historical and Cultural Preservation Commission. Mr. Spyers moved OTHERS PRESENT: to elect Mr. Wilkerson as President of the Plan Commission. Mr. Spencer seconded. Michael Widing, Development Director Motion passed, 7 yes and 1 abstention and 1 Tim Stires, Assistant Development Director absent. Mr. Foltz moved to elect Mrs. Nelson Stephanie George, Zoning Administrator as the Vice President. Mr. Spencer seconded. Amber Lewis, Board Secretary; and Motion passed, 9 yes and 0 no. Mrs. Nelson William C. Kreegar, Assistant City Attorney moved to appoint Michael Widing as Municipal Development Director. Mr. Spyers ROLL CALL AND DECLARATION OF A seconded. Motion passed, 9 yes and 0 no. Mr. QUORUM: Spyers moved to appoint Linda Dawson as Planning Director. Mrs. Nelson seconded. Mr. Wilkerson called the meeting to order at Motion passed, 9 yes and 0 no. Mr. Widing, at 4:33 p.m. Ms. Lewis took roll call and the request of Mr. Wilkerson, read a letter declared a quorum with eight (8) members in from outgoing commission secretary Janay attendance. Smith. Mr. Spyers moved to appoint Amber Lewis as Secretary. Mrs. Nelson seconded. Mr. Yates arrived after roll call at 4:41 p.m. to Motion passed, 9 yes and 0 no. Mrs. Nelson make nine (9) members present. moved to appoint Mr. Rayford as the Board of Zoning Appeals representative. Mr. Mr. Rayford performed the invocation and the Wilkerson seconded. Motion passed, 9 yes and Pledge of Allegiance was recited. 0 no. Mr. Wilkerson moved to appoint Mr. Yates as the Historical and Cultural MINUTES: Preservation Commission representative. Mr. Lamey seconded. Motion passed, 9 yes and 0 The December 11, 2007 minutes were no. continued. Motion passed unanimously; 8 yes, 0 no. Mr. Yates was not present yet. Mrs. Nelson moved to re-affirm the Legal Services contract with Mr. Kreegar. Mr. Yates seconded. Motion passed, 9 yes and 0 no. 1 PETITION #25-07 SUBMITTED BY stated there is a possibility in the future with MADISONPARK CHURCH OF GOD FOR the casino being built. A SECONDARY PLAT BE KNOWN AS MADISON PARK SECTION ONE Mr. Stires noted that engineering wise, there LOCATED AT 6607 PROVIDENCE DRIVE are open side ditches on both sides of these (CONTINUED 9-25-07, 10-23-07, 12-11-07, roads and there is not enough room to put 1-22-08) sidewalks in safely. Mr. Stires stated maintenance bonds had been Mr. Yates moved to approve Petition #1-08 for turned in, but after review found some the final plat of dedication for Virgil Cook problems with the bonds. Mr. Stires asked for Boulevard and Dan Patch Circle, variance Petition #25-07 to be continued until the next from the sidewalk requirement, plus the Plan Commission meeting. covenants and easements because the plat does meet a majority of the requirements of Mr. Spyers moved to continue Petition #25-07 the Subdivision Control Ordinance. This plat until the next Plan Commission meeting. Mr. should be forwarded to the Board of Public Newman seconded. Motion passed, 9 yes and Works for acceptance of the plat, variance 0 no. (sidewalks), covenants and easements. Mr. Spyers seconded. Motion passed, 9 yes and 0 PETITION #1-08 SUBMITTED BY no. ANDERSON REDEVELOPMENT COMMISSION AND ANDERSON BOARD PETITION #2-08 SUBMITTED BY OF PUBLIC WORKS FOR A SECONDARY ANDERSON REDEVELOPMENT PLAT TO BE KNOWN AS VIRGIL COOK COMMISSION AND ANDERSON BOARD BOULEVARD AND DAN PATCH CIRCLE OF PUBLIC WORKS FOR A PRIMARY (ACTUAL STREETS) LOCATED AT 2300 PLAT TO BE KNOWN AS EAST 41ST THROUGH 2700 BLOCKS OF EAST 53RD STREET (ACTUAL STREET) LOCATED STREET ON THE NORTH SIDE. IN THE 41st BLOCK OF SOUTH RANGELINE ROAD ON THE WEST SIDE. Mr. Stires explained this petition is seeking secondary plat approval for Virgil Cook Mr. Stires stated the primary plat is for 41st Boulevard and Dan Patch Circle (actual Street and is the only eastern access to the streets). These roads were constructed in the park and is known as Horseman’s Road. This early 1990’s, but were never dedicated as road was constructed in the mid 1990’s as an public streets. The total area consists of 7.556 access drive to the horse barns. The area acres. There is a dedicated 100 ft right-a-way consists of 3.288 acres and runs east to west for Virgil Cook Boulevard and Dan Patch about a quarter of a mile and terminates at Circle has a 400 ft. diameter roundabout. No the northwest corner of Hoosier Park by the bonding is required as far as a maintenance barns. The primary plat does contain a 50 ft. bond. There is a letter on file from the City right-a-way dedication for East 41st Street. Engineer accepting these roads as built. Mr. There is a 150 ft. wide recorded relocated Stires stated the petitioner is asking for a drainage easement for the Ollie Pittsford variance from the sidewalk requirement since Drain. The plat shows an 80 ft. by 145 ft. there are no other sidewalks in the area. Staff recorded grant of easement on the north side is recommending approval of the secondary of the proposed right-of-way dedication. There plat of Virgil Cook Boulevard and Dan Patch is a soft dedicated right-of-way on the eastern Circle and the variance from the sidewalks end of East 41st Street if they should ever because these plats meet the requirements of widen South Rangeline Road. This primary the Subdivision Control Ordinance except for plat went before the Plat Review Committee the sidewalks. on January 8, 2008 and no concerns or revisions were suggested. Staff is Mr. Wilkerson asked if there would ever be a recommending approval for the primary plat need for sidewalks in that area? Mr. Stires of East 41st Street as it meets the 2 requirements of the Subdivision Control petitioner to reseek a variance again from the Ordinance and should not be forwarded to any sidewalk requirements. other governmental body. Mr. Stires stated there are no infrastructure Mr. Lamey questioned if this street was improvements involved with this replat; blocked. Mr. Stires explained this is for therefore, an Engineer’s estimate and bond Horseman’s Road and the idea is to dedicate are not required. the entire length of 41st Street and after the street is dedicated there will be a movement to The staff is recommending approval of this vacate the west half. Mr. Stires noted Hoosier Replat because it meets a majority of the Park has bought 19 acres on the north side of requirements of the Subdivision Control East 41st Street which will give them free flow Ordinance and would need to be forwarded to across what was East 41st Street. the Board of Public Works for acceptance of the replat, easements and covenants. Mr. Spyers made a motion to approve Petition #2-08 for the primary plat for East 41st Street Mr. Lamey asked if it was essentially all because it meets the requirements of the developed? Mr. Stires stated other than a few Subdivision Control Ordinance. This plat is shops that are vacant it is ready for tenants. not to be forwarded to any other governmental unit. Mrs. Nelson seconded. Motion passed, 9 Mr. Spyers made a motion to approve Petition yes and 0 no. #3-08 for the Replat of Lot #7 in Charles Street Addition and the forwarding of the PETITION #3-08 SUBMITTED BY replat to Board of Public Works for the CHARLES STREET ASSOCIATES, LLC acceptance of the replat, easements and FOR LOTS #16 AND #17 IN CHARLES covenants. Mr. Newman seconded. Motion STREET ADDITION IN A REPLAT OF passed, 9 yes and 0 no. LOT #7 IN CHARLES STREET ADDITION LOCATED IN THE 4700 PETITION #4-08 SUBMITTED BY BLOCK OF SOUTH SCATTERFIELD CHARLES STREET ASSOCIATES, LLC ROAD ON THE EAST SIDE. FOR LOTS #14 AND #15 IN CHARLES STREET ADDITION A REPLAT OF LOT Mr. Stires explained the petitioner is seeking #3 IN LOTS #3, #4, #5 AND #6 OF a replat of the community shopping center CHARLES STREET ADDITION that contains, Ritters, Panera Bread, Verizon, LOCATED IN THE 4600 THROUGH 4700 Papa Murphy’s, American Mattress, and BLOCKS OF SOUTH SCATTERFIELD Heavenly Hair. This piece of property was ROAD ON THE EAST SIDE. platted in May 2003. The property contains 4.049 acres and is zoned B-4. The purpose of Mr. Stires explained the petitioner is seeking the replat is for financial reasons and the a replat of the community shopping center petitioner is wanting to split Lot #7 in Charles that contains Old Navy, Shoe Carnival, a Street Addition. large parking lot and vacant ground. The purpose of the replat is for financial reasons Mr. Stires stated the two lots will range in and the petitioner is wanting to split Lot #3 size from 1.89 acres up to 2.159 acres. All which would create two new lots known as Lot building setback lines and easements #14 and #15. The two lots will range in size established on Lot #7 will remain. from 3.5 acres up to 6.88 acres. All the existing building setback lines and easements Mr. Stires stated when Lot #7 was originally remain the same. platted in May 2003 the petitioner did seek a variance from the sidewalk requirement and Mr. Stires stated the petitioner is seeking a was granted approval. Mr. Stires explained variance from the sidewalk requirement. The he had verified with legal counsel and has plat was originally platted in June 2000 and been assured there is no reason for the sidewalks were not an issue as they are now. 3 After review of the previous staff report and of 2002. It consists of 97 buildable residential minutes, it did not show a request being lots and four (4) common areas. made for a variance from the sidewalk requirement. The petitioner has submitted a Mr. Stires stated that in May 2004, the west letter that is on file requesting a variance side of the development, which consists of 49 from the sidewalk requirement for this lots, went through secondary plat approval. proposed replat. Mr. Stires stated the petitioner came to staff a Mr. Stires stated there are no infrastructure couple of months ago with changes they would improvements involved with their replat; like to add to the plat which was previously therefore, an Engineer’s estimate and bond approved in 2002. After discussions with the are not required. petitioner, the list of changes continued to grow and staff recommended bringing the Mr. Stires stated the staff is recommending primary plat back in front of board. All approval of their replat and variance from changes affect the lots along the east and sidewalk requirement because it does meet a south sides of the proposed plat. Mr. Stires majority of the requirements of the stated it’s the area that has not been Subdivision Control Ordinance. The staff is developed yet, so there are no roads in there recommending forwarding of this replat to the yet. The actual lake contains 25 acres and the Board of Public Works for acceptance of the remaining lots are on the east and south sides replat, easements, covenants and variance for of the proposed plat. the sidewalks if approved. Mr. Stires stated the amendments are as Mr. Newman made a motion to approve follows: (1) along the east there is a private Petition #4-08 for the replat and variance road off the cul-de-sac that extends and ends from the sidewalk requirements because it and picks up again to continue down to tie meets a majority of the requirements of the into the new proposed roadway, (2) the private Subdivision Control Ordinance and the road is being widened from 18 ft. to 20 ft. of forwarding of the replat of Lot #3 in Lots #3, pavement, (3) the lots that front along the #4, #5, and #6 of Charles Street Addition to private roads, the majority of them currently the Board of Public Works for the acceptance have a 30 ft. building setback line and due to of the replat, easements, covenants and construction concerns they would like to variance. Mr. Spyers seconded. Motion reduce the 30 ft. setback to a 20 ft., (4) for passed, 9 yes 0 no. safety reasons, they have added “half hammerhead turn arounds” for emergency PETITION #5-08 SUBMITTED BY vehicles. There are three (3) of them and MARINA I, L.P. AND IRVING would have a 10 ft. building setback line MATERIALS, INC. FOR AN AMENDED around the hammerheads to give a little PRIMARY PLAT FOR LAKE distance. The hammerheads will be 16 ft. CLEARWATER LOCATED IN THE 2100 wide in pavement width, (5) the cul-de-sacs THROUGH 2200 BLOCKS OF COUNTY diameters are being increased to 90 ft., (6) the ROAD 360 NORTH (FREE ROAD) ON common areas are now being called Blocks THE SOUTH SIDE. and being changed to Blocks A, B, C, D, E, and F. Mr. Stires explained the petitioner is seeking amended primary plat approval. The property Mr. Yates asked why they were being changed is located in the 2100 through 2200 blocks of and if it was to identify them. Mr. Stires Free Road, also known as County Road 360 stated he believed that’s the Engineer’s North. The entire development consist of 84.7 purpose. Mr. Steve Servies, Rayl acres and is zoned R-1. This proposed Engineering, stated instead of them being development, Lake Clearwater, did receive common areas, the blocks are being conveyed primary plat approval originally in September to the homeowners association out there. He 4 stated that is the way the attorney Mr. Stires stated you might emphasize why recommended for it to be done. you are doing this, he believes it has something to do with the number of lots that Mr. Stires stated one of the roads has been are now no longer available on the west side shifted to the west to avoid the elevation and the fact they are running out of lots. Mr. change, (7) in regards to Lot #67, it now will Servies stated the Marina has sold all the lake have access out to the lake through a narrow frontage lots on Lake Clearwater and they finger that runs parallel with the lot next want to proceed with the second phase of this door. The petitioner has tweaked or shifted plat immediately to pick up more lakefront property lines on a handful of lots slightly. lots for sale. Several of the lots on the west have also been sold. He stated they want to Mr. Stires stated the amended plat went get this approved and have construction plans before the Plat Review Committee on January prepared and approved by City Engineer and 8, 2008. The Committee members and staff start construction late this spring. made some minor suggested revisions which have been taken care of. Mr. Spyers asked Mr. Servies if he was aware of any plans, since they have sold a number of Mr. Stires stated staff is recommending lots to get a surface on the existing road? Mr. approval of this amended primary plat. It Servies stated they have told him the plan is does meet the requirements of the Subdivision to put surface on Section One at the same Control Ordinance. If the amended primary time as asphalt is going down on Section Two. plat should be approve, it should not be forwarded to any other governmental body. Mr. John Walukonis, 949 East 360 North, stated his concern is water run-off that comes Mr. Steve Servies, Rayl Engineering, stated from the two cul-de-sacs that will be put in as they are trying to accomplish by amending the well as the property to the east of that primary plat a reconfiguration of some of the property line and even some of the golf course lot lines. He stated this property is a unique property that drains down in that area right property on the south and east sides. There is now. He stated in a moderate rain, there is a a lot of terrain difference over some of the lots. lot of water that comes through there and They tried to move lot lines around to give as currently there is a drain that doesn’t collect much room and leeway as possible for any of the water that is running through that different designs for houses. He stated they area right now. He stated there are two other tried to incorporate any new things that they drains that are not collecting the water and have been doing lately like wider cul-de-sacs the water running to the north is going into to make it easier for the fire department to the pasture. He stated he would like to know turn around, widen the private streets for the what they are going to do for drains in that same reasons and put in hammerheads, so area and make sure the run off doesn’t impede that they can get in there and get their his property or someone else’s property. Mr. equipment turned around. Servies stated they would have swales that would be constructed around the perimeter Mr. Wilkerson asked if there were any and taken to existing drainage structures or engineering issues with fire trucks and school new drainage structures that will be prepared bus turn arounds and are they adequate? Mr. to construct with the new construction plans. Stires stated he spoke with Steve Buck, Deputy Chief, and he had reviewed the plans Mr. Wilkerson asked is that included in your and he has no problems with the plans. He construction plans currently? Mr. Servies explained that Mr. Buck mentioned he stated it would be included in the plans to be appreciated the fact the half hammerhead’s submitted to the City Engineer for approval. went in and feels it is a much better plan for These are all unimproved portions of the the fire trucks to get in and out. property at this time, so there has not been storm drains extended to that area. Some of the new cul-de-sacs that have been talked 5 about on the northeast will drain into the lake we approve the plans here, then the storm itself. He stated he spoke with Mr. Walukonis water and all the engineering gets approved earlier about doing some investigating work there before we ever issue any building on the structures at the entrance to the permits. That’s how we control that process subdivision and see if there are any later on. improvements that need to be done there before the surface goes down on Section One. Mr. Wilkerson stated so holding off it right now would not help it at this point, but it Mr. Wilkerson asked Mr. Walukonis if that would only slow things down. The reality is answered his question. Mr. Walukonis stated getting the work done now would help. Mr. kind of. Mr. Servies stated the construction Widing stated this is the platting process, the plans will have to be submitted to the City first step, engineering plans as far as storm Engineer for review and approval. water and sewer and all the design work is handled with the City Engineer. Mr. Walukonis stated the dilemma is once this is approved he has no recourse after that point Mr. Spencer asked does your site plan in time and is being told its been put into City analysis include his property that is in the or County’s specifications, but that does not county? Do you take that into consideration mean that its going to stop the problem or across those lines? Mr. Servies stated they create a new problem that is worse than what have to look at the drainage that is coming off is going on now. He stated there is not even a our side or off of his and make stop sign on Waterway Boulevard that accommodations for that. empties out on 360 North and he can’t count how many cars he’s seen about get hit from Mr. Lamey asked why does this go forward people traveling on 360 North. The counties without having to be reviewed at some point answer was to reduce the speed limit to 30 beyond this group? Mr. Widing stated this is miles per hour. He stated he doesn’t see any just a primary plat and comes back for a county trucks and county officer’s drive 30 secondary plat before this board and then it miles per hour down through there, so the goes to the Board of Public Works. speed limit is not going to be a deterrent. That particular intersection is still a blind Mr. John Goehring, 3240 Lakefront Lane, intersection, you could hide a dump truck in stated he lives in the development next to this that area and not see it if you are going from and would also note that he is an assistant the west to the east. He stated he is not City attorney, but he is there as a citizen. He against the subdivision; he just wants it to be asked what type of input was gathered from a safe area for everyone and work with the the homeowner’s association from people who neighbor’s that have already been there for currently own one of these lots. Mr. Servies the last 30 years. stated he was not sure if the Marina has spoken with them or not. They are not adding Mr. Newman stated the few dealings that he lots or anything that should affect them. has had with the City Engineer, that he keeps up on top of things like this and he is sure Mr. Goehring asked how many lots on the that in the final drawings that he will see to it west side of the lake will have access to Lake that its put in. Crystal or Lake Clearwater? Mr. Servies stated that anyone who has water frontage on Mr. Foltz asked the president if it should be Lake Clearwater has access to Lake tabled until the final plans have been Clearwater. Mr. Goehring asked so all the developed? Mr. Wilkerson stated by what he lots on the west side? Mr. Servies stated yes is hearing that it has to be designed to work and that there is an agreement in affect with everything out and they need to go forward the homeowner’s association as to who can with the process in order to lay out the design access the bigger lake. of everything, so they can calculate what needs to be done. Mr. Widing stated typically 6 Mr. Goehring stated he wondered why these to the next meeting. Mr. Kreegar stated it safety things where the fire trucks can might be good too if you would address some actually come down the road to turn around of the concerns that have been heard. were done on this City development, but not done with Lake Killbuck? Mr. Services stated Mrs. Nelson asked Mr. Kreegar if he was he did not believe there was a requirement at recommending it to be tabled or continued? that time that they be done. He stated they Mr. Kreegar stated continued. have increased the size in this amended primary plat from what the original was. Mr. Wilkerson stated some of the members were asking for clarification of the difference Mr. Widing stated he has improved the between tabled and continued. Mr. Kreegar standards and that we are in the middle of stated tabling means that it would be rewriting the zoning ordinances and it will be basically continued indefinitely until you codified. Right now we have implemented by decide to remove it off the table, and if you office requirements, but now we are moving continue it is put on the agenda for the next forward to codify those. month’s meeting. Mr. Goehring stated Mr. Walukonis’ concerns Mrs. Nelson motioned to continue Petition #5- are real and noted that as a homeowner in the 08 until the next scheduled meeting. Mr. association that was developed by Marina Spyers seconded. Motion passed, 9 yes and 0 One, from his personal experience, they are no. totally unresponsive to homeowner’s concerns within those associations. He stated he has Mr. Newman asked Mr. Servies if the same two children who live on the end of a private people that owned, what they are looking at, street in the other subdivision and the rules owned the property or they control in the area seem to change by the day. We now have a where Mr. Goehring lives? Mr. Servies stated plan for a parking lot that is essentially in his he believed that is owned by Irving Materials, front yard, they are now putting boat docks for while Marina One is the developer for this other people to come and use these boat docks, section. Irving Materials transferred the and they are going to be driving over there. property to them. He stated he does not know This is a concern of his because he has two if Marina One has anything to do with the young children and people often drink on the boat dock that’s being constructed. He had lake and there are no turn arounds what so not heard anything about it. ever. He emphasized these concerns are valid because of what he has had to deal with. Mr. Newman asked Mr. Servies if he could Marina One is totally unresponsive to find out for him, so this can be corrected for homeowner’s association. health and safety reasons. Mr. Servies stated yes. Mr. Kreegar stated he was going to make a suggestion that during the remonstrator’s Mr. Widing stated to further explain to Mr. presentation he ask about the public notice, Goehring the reason why we improved our because it was brought up as maybe a possible standards on cul-de-sacs and hammerheads issue and it appears there was no notice given for the fire trucks is based on the National to the existing property owners that have Fire Protection Association standards (NFPA). purchased lots in the area that has a They had a strong recommendation for their secondary plat. Those people should have been standards for the size of cul-de-sacs, given notice because it definitely offers some hammerheads, road widths and diameters of changes in the development around their curbs and radius of corners and we are properties. He stated he was going to request incorporating those, so that our fire trucks can the petition either be tabled or continued so indeed negotiate these various features in that it will also allow the developer to address roadways. He stated he has already moved to some of these concerns. Mr. Servies stated he incorporate those in our standards and as we could bring a representative from Marina One have been meeting with different developers. 7 We have already implemented those Mr. Widing presented copies of the Indiana standards. Citizen’s Guide to the members that concerns the zoning ordinance, a help guide on the Mr. Spencer asked Mr. Widing if he did this purpose of a zoning ordinance, helping to on his own or did the fire department request develop a zoning ordinance and adopting a for you to do that. Mr. Widing stated we zoning ordinance. moved forward in concert with the fire department. TABLED CITY COUNCIL UPDATE Mr. Widing explained Petition #28-07 The Plan Commission had four items in front submitted by Anderson Board of Works for a of the City Council at the January meeting. primary plat to be known as Sherman Square The third and final readings were approved located at 2123 Sherman Street, that Beth for the rezoning of 5500 South Scatterfield McKenzie and himself will re-open Road from B-3 to B-2 submitted by Ed Martin. negotiations with the owners of B & F Machine. The first and second readings were approved for the rezoning of 4202 South Scatterfield ADJOURMENT Road from B-4 to B-1 submitted by CSN, LLC. Mr. Newman motioned for adjournment. Mr. The first and second readings were approved Spencer seconded. Meeting adjourned at 6:04 for the rezoning of 2318 West Cross Street p.m. from No Zone to R-2 submitted by Cross Street Christian School. BY: ______________________________ The second and third readings were approved Jesse Wilkerson, President for the annexation of adjacent and contiguous property containing 385 acres located west of ATTEST: ___________________________ Layton Road and Nestle Plant. Amber Lewis, Board Secretary MISCELLANEOUS Mr. Widing explained Ratio Architects will be attending the February meeting to give the members an update on the progress of the zoning ordinance upgrade. Mr. Widing submitted the department’s code of ethics and mission statement for review. Mrs. Nelson made some grammar corrections. Mr. Widing explained that due to so many new members that they will be attending a training session on January 25, 2008 in Westfield, Indiana presented by Ball State University. Mr. Widing stated Mr. Kreegar would like to put on an hour long training session regarding finding and facts for the members an hour before the next meeting. 8