Plan Commission

PLAN COMMISSION MINUTES March 25, 2008 MEMBERS PRESENT: up today. The affected petitions are Petition #25-07, Petition #11-08 and Petition #12-08. Jesse Wilkerson, President All three are final plats and all three require Deborah Nelson, Vice President bonds to be filed. Staff does not have the Darin Foltz, Member bonds on file. So at this time, Mr. Stires would Willie Rayford, Member ask that Petition #25-07, Petition #11-08 and Gene Yates, Member Petition #12-08 be continued until next Mark Lamey, Member month’s meeting due to issues with bonds. Joseph Newman, Member Michael Spyers, Member Mrs. Nelson made a motion to continue Petitions #25-07, #11-08 and #12-08. Mr. MEMBERS ABSENT: Spyers seconded the motion. Motion passed unanimously, 8 yes, 0 no. Greg Spencer, Member PETITION #14-08 (Resolution #16-08) OTHERS PRESENT: Submitted by the Department of Michael Widing, Development Director Municipal Development, Economic Tim Stires, Assistant Development Director Development and Long Range Planning Stephanie George, Acting Board Secretary, for an Amendment to the Comprehensive Dave Wilbur, Sr. Zoning Administrator; and Plan. William C. Kreegar, Assistant City Attorney Mr. Stires stated Petition #14-08 is seeking an ROLL CALL AND DECLARATION OF A amendment to the City’s Comprehensive Plan, QUORUM: Goals for Infrastructure. Long Range Planning and the Department of Municipal Mr. Wilkerson called the meeting to order at Development are proposing this petition. They 4:32 p.m. Ms. George took roll call and are seeking to amend the City’s declared a quorum with seven (7) members in Comprehensive Plan which was approved attendance. back in 2005. Staff is asking the Comprehensive Plan to be amended Mr. Lamey arrived after roll call at 4:38 p.m. specifically for Chapter 8 Goal 4, which is to make eight (8) members present. infrastructure. This deals mainly with the incubator and accelerator building program Mrs. Nelson performed the invocation and Mr. which began last year by the City of Anderson. Yates recited the Pledge of Allegiance. In order to have more incubator or accelerator buildings here in the city, Staff would like to MINUTES: amend the Comprehensive Plan to accommodate such faculties whether they be The February 26, 2008 minutes were brand new stick-built companies or go into approved as presented. Motion passed renovated structures. These are to assist unanimously; 7 yes, 0 no. start-up businesses as they begin in there infancy and begin to create a job force, BUSINESS: possibly moving from the incubator up to the Mr. Stires stated that he would like to go accelerator building. Mr. Stires stated as they through all the continuances first that crept 1 begin to grow, they start looking for sites to go Spyers seconded the motion. Motion passed 8 out on their own. yes, 0 no. Mr. Stires stated along with this resolution, is PETITION #6-08 a section on temporary business housing that deals with either a new structure or a Submitted by Anderson Redevelopment renovated structure. The resolution will also Commission and Anderson Board of provide for a section on necessary staff, which Works for a Secondary Plat for East 41st allows for the hiring of any additional staff Street (actual street) located in the 4100 and administrators. Mr. Stires stated that Jim block of South Rangeline Road on the Haberek from the Planning Department was west side. there, and he has been pushing for this, along with his boss, Linda Dawson. Mr. Stires stated they are seeking secondary plat approval for East 41st Street, others know Jim Haberek, 3643 E. County Road 575 South, it as Horseman’s Road. This petition was Markleville, stated that he and Chuck Staley continued last month due to an advertisement who is the CEO and President of The Flagship error that has been corrected. Enterprise Center, discovered that by including the incubators and accelerators in Mr. Stires stated this is located in the 4100 our master plan, it opens up the door to other block of South Rangeline Road on the west options from the Department of Commerce. side. This is the only east access to Hoosier They insist that the incubators be part of the Park. It is an auxiliary access for mainly the master plan, simply by adding these three horsemen, to bring there horses and trailers paragraphs, Mr. Haberek and Mr. Staley will in from that direction. have the ability to find more money to throw at redevelopment and job creation in the Mr. Stires stated that East 41st Street was community. built back in the mid 1990’s, and it was never dedicated as a dedicated public street. Mr. Haberek stated that it is an addition and that it does not change anything that is Mr. Stires stated that the submitted plat is already in the master plan currently. It the final plat. It shows a 50 ft. right-of-way for simply adds a fourth element to Chapter 8. East 41st Street, which runs about a quarter of a mile off of Rangeline Road to the west. The Mr. Haberek this does not cost the city a plat shows a 150 ft. wide recorded relocated penny to add this amendment, which was a regulated drain easement. This is for the Ollie concern that he and Mr. Stires talked to each Pittsford drain, which follows along the other about earlier in the day. It will be a western half of the roadway. It also shows a boom to the Flagship Enterprise Center. 80 ft. by 145 ft. recorded grant of easement. Mr. Stires stated it is on the north side of the Mr. Newman expressed his gratitude Petition right-of-way. There is a 50 ft. right-of-way #14-08 Resolution #16-08 does not cost the dedication at the east end of East 41st Street. taxpayers a dime. This would be in place if widening of Rangeline Road should ever happen in the Mr. Haberek stated that there is currently one future. incubator and one accelerator, and they seem to be very successful, that if there is a demand Mr. Stires stated that the petitioner is for more, this will allow more Department of requesting a variance from the sidewalk Commerce money to be funneled into the City requirement under the City’s Subdivision for job creation. Control Ordinance. They are asking to vary from that rule, Staff would note there are no Mrs. Nelson made a motion to approve sidewalks anywhere close to this roadway. Petition #14-08 (Resolution 16-08) for an That is why they are asking not to build Amendment to the Comprehensive Plan. Mr. sidewalks at this time. 2  Mr. Stires stated this property is located at Mr. Stires stated that Staff is recommending 1716 West 53rd Street, the former Best Farms approval of this plat of East 41st Street, the Feed Barn which closed last year. There is a sidewalk variance, covenants and easements. pole-barn type structure on this property. The Staff feels that this proposed plat meets the property contains .82 of an acre, there is majority of the Subdivision Control Ordinance asphalt around the outside of the building for Requirements. driveways and parking. Mr. Stires stated if this petition is approved it Mr. Stires stated this proposed rezone is from should be forwarded on to the Board of Works B-1 to I-2. B-1 is a typical local business type for the acceptance of the plat, variance, zone class, it would allow for most retail and covenants and easements. commercial type uses, it also allows for residences. Mr. Stires stated that the Mr. Wilkerson asked with the elimination of proposed I-2 zone class allows for many sidewalks, there is no future plans or industrial developments and provides for their anything that the Board could put as a clause expansions. I-2 does require both buildings that would allow for sidewalks to be put in and open area for manufacturing, fabricating, later or any need for sidewalks? Mr. Widing dismantling, storage, extraction and heavy stated there is no need for sidewalks. Mr. repair. Mr. Stires stated that I-2 does not Widing found out a year ago that East 41st permit dwellings or businesses. Street and Virgil Cook Boulevard North and South and Dan Patch Circle had never gotten Mr. Stires stated this affected property is platted and has a right-of-way and this is the bounded on the north and east side by the B-1 last section that they are taking the official zone class. On the south side of 53rd Street you steps to get these pieces of land platted as have property zoned I-1 Light Industrial, public right-of-way. which is Mill Direct Carpet and ABC Storage. Directly south of the proposed area is Hamlin Mr. Stires stated no bond is required for this, Construction, which is zoned, B-1. Mr. Stires the street has been accepted as built by the mentioned to the southwest is I-2 which is a City’s Engineering office. Mr. Stires added its piece of property occupied by for many years been built for over twelve (12) years now. by Anderson Tool and Engineering. Directly There is no need for a bond. west of the property is I-3, that is vacant ground and further west of there is the Mr. Spyers made a motion to approve Petition Edgewood Mobile Home Park. #6-08 for a final Plat for the dedication of East 41st Street, the variance from the sidewalk Staff would note the petitioner has indicated if requirements plus the covenants and this property is rezoned from B-1 to I-2, he easements because the plat does meet a would like to begin operating a sheet metal majority of the requirements of the fabricating facility in the building on this Subdivision Control Ordinance. The plat property. Mr. Stires stated that Staff would should be forwarded to the Board of Public note that this affected property does abut or Works for the acceptance of the plat, sidewalk adjoin property to the west that is zoned I-3 variance, covenants and easements. Mr. and south that is zoned I-1. There are several Rayford seconded. Motion passed, 7 yes, 1 industrial zone classes in use in the general abstention, 0 no. vicinity of this proposed rezoning. PETITION #13-08 Mr. Stires stated that Staff would note that the proposed I-2 rezoning is compatible with Submitted by Ralph Ridenour for a Zone several of the industrial and business uses Map Change from B-1 to I-2 located at nearby as well. Staff would note that even 1716 West 53rd Street (former Best Farms though the petitioner has divulged to us what Feed Barn). they would like to use the building for. Mr. Stires stated if this is approved, they cannot 3 be locked into or committed to moving Mr. Ridenour stated they are located at the forward, so the Board should not be swayed by south end of Greenfield, which means they what they say they are going to do. The have to drive right through the center of petitioner doesn’t have to follow through and Greenfield to get to where there location is proceed with a metal fabricating business, if now. they chose not to do that. Mr. Ridenour stated that most of his Mr. Stires stated he urged the Board to employees live in Muncie, Fortville, Ingalls, remain focused on the fact that this proposed Anderson and Pendleton. Mr. Ridenour added rezoning does fit with the surrounding area. employee wise, it works out good for them to relocate the business. Greenfield was not Mr. Stires stated that the Comprehensive working out for them anymore. He added this Plan does show this property classified as property became available, it fits their needs, Community Commercial, which calls for such it’s close to I-69, and 53rd Street wide enough uses as convenient stores, grocery stores, to get deliveries from semis. Mr. Ridenour shopping centers and etc. Staff notes this does stated the property is big enough that if a mean this proposed rezoning is in conflict with semi needs to pull on to it, it is able to do that, the City’s Comprehensive Plan. Mr. Stires plus it is close to where they can get three- stated the Comprehensive Plan is just a guide phase power, which all of their machinery or blueprint for future development. The runs on. properties are always susceptible to potential economic development and change. Mr. Wilkerson asked what percentage of the current property is used for outdoor storage? Mr. Stires stated it is the responsibility of the Mr. Ridenour answered maybe 25 percent if petitioner to demonstrate that the character of that. The outdoor storage are items that come this property in question has changed, and the in on a semi or items that they are making, highest and best use of this land would be to which are so large that they have outgrown rezone the acreage to the I-2 zone class. Staff the inside of the building. is in favor of rezoning this property from B-1 to I-2. Mr. Stires reiterated this property is Mr. Ridenour stated they do anything with adjoining or across the street from several metal, mainly sheet metal. Most notable is properties zoned I-3, I-1 or I-2. The proposed HVAC ductwork, which is 70 percent of their use is compatible with the existing businesses business. Mr. Ridenour added some of their in this general vicinity. pieces get big enough that they have to be moved with a fork truck. Mr. Stires stated that the petitioner is here and representing himself. Mr. Wilkerson asked if most of their deliveries are by semi-trucks? Mr. Ridenour answered Ralph Ridenour, 7204 S. St. Rd. 67, yes. One of the attractions to this site, there is Pendleton, stated he presently owns RC Metal a cement-loading ramp to load semis already Works, a sheet metal fabrication company. located on the property. They are a State of Indiana sheet metal contractor, and they are presently located in Mrs. Nelson asked if the building located on Greenfield, Indiana. Mr. Ridenour states the this property is it adequate for you or will you business is located on the south side of need to enlarge it? Mr. Ridenour stated that Greenfield, and started in the mid 1970’s. Mr. the building is about the same size of the Ridenour purchased the business about five current building. The current building is 40 ft. (5) years ago. They are looking to relocate to by 100 ft. in Greenfield, and this building is 48 Anderson. Mr. Ridenour stated the reason for ft. by 96 ft. in Anderson. He added square the relocation or move is the Greenfield area footage wise it is very close. is growing out of their need more or less. Mr. Ridenour said most of the work that they do is Mrs. Nelson stated she is concerned about in Richmond, Muncie, Anderson and Marion. what is going to be done to the outdoors for 4 the neighbors nearby? Mr. Ridenour answered Westfield and presently they are working at to the west is the trailer park, but a wooded the new Pendleton Middle School. area between the two. There is quite a distance between them. Mr. Ridenour stated Mr. Foltz asked Mr. Ridenour how much truck they do shearing and bending of metal, so as traffic will that generate? Mr. Ridenour stated far as an odor or anything like that it is all on an average they might get a semi a week, mechanical equipment. They do not have a most of the time, a lot of the equipment will be need for a smoke stack. shipped directly to the job site. What they need to take to the job site will be on the work Mr. Rayford asked at Mr. Ridenour’s present trucks, which are pick-up trucks and trailers. location has he had any complaints concerning noise levels? Mr. Ridenour answered no, not in Mr. Foltz asked about outside storage. What the past five years. The nearest neighbor is does Mr. Ridenour’s current outside storage Park Cemetery, which is a very large look like? Mr. Ridenour responded they are cemetery in Greenfield. They have a fence in- going to get rid of a metal dumpster, that they between the cemetery and his business. Mr. have right now, it is getting more cost Ridenour stated on the other side of the effective to take their own metal scrap away, business is a swimming pool company, a dump rather than having a dumpster for them. Mr. truck service and there is one house close by. Ridenour stated they have their flatbed and covered trailers outside right now. He stated Mr. Rayford stated that he has a lot of out-of-date material that they don’t use experience in that type of manufacturing and anymore, will go to a scrap yard. he knows that noise can be an issue that is the concern he would have. Mr. Ridenour stated it Mr. Flotz stated his concern about 53rd Street is noisy, but does not know how well it would being a major thoroughfare, and a business be heard outside of the building. like Mr. Ridenour’s, they would want it to look as nice a possible, when folks come into town Mr. Widing stated that there is a rather large that way. machine shop located right across the street. Mr. Rayford stated that he understood that, Mr. Ridenour stated that once they are moved but there is a difference with the noise. Mr. to the new location, they will put up a fence, Widing stated that Anderson Tool and Die is not that they’ve had trouble with his trailers located right across the street from that being stolen. He added they have had their building and there haven’t been any trailers unhooked from the trucks before, but complaints to the Municipal Development there is more space on this new property, so Department about them. they are wanting to put up a fenced in area. Mr. Spyers asked about the hours of operation Mr. Foltz asked if the fence was going to be a or requirement about them? Mr. Widing privacy or chain-link. Mr. Ridenour stated stated they can operate, but there is nothing probably a chain-link fence. He didn’t know if in the Zoning Ordinance about hours of there is any regulation on what type of fencing operation. he would need. Mr. Ridenour stated they are also a union Mr. Foltz asked Mr. Widing if there were any company and the hours of operation are bound regulations about the outside storage area. by union regulations. The agreement with the Mr. Widing stated only when an industrial union is from 6 a.m. to 5 p.m. district adjoins a residential district. They would need a solid vision blocked fence that Mr. Spyers asked how many are employed at was seven (7) ft. in height or solid screen this business? Mr. Ridenour answered it plantings at least six (6) ft. in height. Mr. varies up and down, right now they have Widing stated this property does not adjoin a twelve (12), primarily they build schools. They residential district, it adjoins another just finished Lapel High School, 2 schools in industrial district, and he would encourage 5 Mr. Ridenour, since it is a vacant field to the inside and animals were seeking shelter and west, that he get a vision block on his western food in the building. side. Mr. Spyers made a motion to approve Petition Mr. Yates asked there is no problem with the #13-08 based on the following finding of fact. fencing out there? Mr. Widing stated no. Mr. The proposed rezoning would be conserving Ridenour stated he wants to put up a fence the property values throughout the and has no problem with having it be a sight neighboring districts, because the surrounding blocker, for the area they want to fence in. If properties are mostly zoned Industrial. The they are working on something, they could proposed rezoning would be considered keep it in that area. responsible development and growth, because the property has been vacant and in Mr. Wilkerson stated to Mr. Stires that since bankruptcy and 53rd Street does provide he is an architect, and usually they like to see adequate access for semis. The proposed people paid handsomely to follow blueprints, rezoning would be the most desirable use for and this does not follow the blueprint of the the land because it would allow a new Comprehensive Plan that they have been business to move into the City of Anderson. working on, the Board will entertain a motion The proposed rezoning would not affect the at this time. Mr. Wilkerson stated his concern current conditions and the character of the that they are not following the Comprehensive existing structure in the area, and the Plan, but it would help out that area. property is currently surrounded by industrial zoning. The proposed rezoning is not Mr. Widing stated this property located at compatible with the comprehensive plan. The 1716 West 53rd Street was in bankruptcy and proposed rezoning does establish a desirable has been vacant for some time. Mr. Widing precedent in the area and public utilities are believes in his opinion this is a great reuse of available. Mr. Newman seconded the motion. this property. Motion passed, 8 yes, 0 no. Mr. Foltz asked are you planning any type of Mr. Newman asked Mr. Wilkerson if he could external improvements to the building? Mr. to be excused due to having surgery a few Ridenour stated the building square footage weeks prior to this meeting, because he is in wise is very similar to their current building. pain. Mr. Wilkerson excused Mr. Newman. They are at the breaking point of should we grow the business or go smaller. Mr. Ridenour Mr. Wilkerson stated to Mr. Stires that he added that was another attractive thing about was taking up for his profession because he this location, it is very open, and there could hears from many contractors that they don’t be some room to expand. He said that is not follow blueprints. out of the questions, they might have to add on as the business grows. Miscellaneous: Mr. Wilkerson stated there is no current need Mr. Widing answered Mr. Yates’ question to add on to what you have now, it will be fine about the issue from a previous month about the way it is currently? Mr. Ridenour stated Lake Clearwater and drainage issues. They for the time being it will be all right. met with the attorney who came and voiced Externally, no they were not wanting to his concern about out there at the Lakes at change it, although the rear of the building Killbuck. Mr. Widing stated that he does not has to have some repairs, because it has been enforce the subdivision covenants. He added vandalized. Mr. Ridenour said there was a that is up to the homeowners associations or rear walk-in door at the back and it has been homeowners themselves to enforce it. There is completely knocked out of the wall, and then a homeowners association, but they have not the vandalism continued inside. Mr. Ridenour taken it upon themselves to concern them stated they have had to do a lot of cleaning with his concern. Mr. Widing stated that he since the previous owners left many feedbags listened and gave him ideas of how to address 6 his concern. He is living on the dead-end of a Ordinance, which ever comes first. Mr. Widing private drive, not a public street, and he is stated the moratorium on Off-Premise dealing with some subdivision covenants that Signage refers to billboards. really involves three (3) lots. Mr. Widing stated the reasoning for asking for Mr. Widing stated that Mr. Goerhing should the moratorium is two-fold. He believes as a take his redress back to the homeowners community we need to look at this issue again. association and try to motivate them to Mr. Widing believes 1.) there is enough address it with the developer. The developer is billboards in this community, and 2.) there obviously taking advantage of the situation. has been a huge effort to put up electronic Mr. Widing stated that when the developer billboards in this community. Mr. Widing built the new docks around his property, they stated we have no specifications or standards somehow broke loose and drifted away. Mr. for the electronic billboards. Widing added when they go back and try to rebuild the docks, Mr. Groening will take the Mr. Widing stated the City needs to have proper legal steps to stop the new docks. minimum standards, which say this is what we will accept. He added the absence of Mr. Widing stated there is nothing the City or guidelines or standards means we will get the Plan Commission could do. Mr. Yates whatever someone proposes. Mr. Widing stated the other issue was along the county stated he wants minimum standards for road at the north end of Lake Clearwater design and maintenance of electronic about the water drainage. billboards, as a community we should have that. Mr. Widing stated as far as the stormwater drainage, he believes again that nothing can Mr. Widing stated that we should have a cap be built unless a drainage plan is submitted to on the number of billboards for the whole the City Engineer that is acceptable and is community, not just location of the billboards. going to provide for adequate drainage for Mr. Widing stated that he needs to discuss whatever is planned. Mr. Widing added the this openly with our Ordinance Steering water has been draining across all that Committee, and the community needs to property for years, and what they are discuss it here, and not be pressured into planning is to capture it and drain it properly. issuing permits in the absence of standards. Mr. Spyers added in reference to Mr. Mr. Widing stated that is why he is asking Walukonis and his property, he provided this body to consider having a moratorium pictures at the last meeting, that were taken until we correct these standards. in 2004. There was an inlet that was covered up with filter fabric, and that was part of the Mr. Wilkerson asked Mr. Widing if twelve flooding. Mr. Walukonis’ property currently months would be adequate time to do that? drains onto the Clearwater site. The developer Mr. Widing stated in either twelve months or is proposing a ditch between his property and until we get a new Zoning Ordinance. Right their development, and a drain at the end of now the Department of Municipal the ditch to address his water concerns. Development is on line to have a new Ordinance within the next to six to eight ORDINANCE #11-08 months. Pertaining to a Moratorium on the Mr. Spyers asked Mr. Widing if he is seeking issuance of Permits for Off-Premise Signs approval of Ordinance 11-08? Mr. Widing (Billboards). answered correct. Mr. Spyers stated then if approved it would go to the City Council for Mr. Widing stated he is asking for a their approval? Mr. Widing stated correct, moratorium for the next twelve (12) months or which will be in two weeks. until the Board passes the new Zoning 7 Mrs. Nelson asked so that includes billboards billboards a year. Mr. Wilkerson asked new where people put up election pictures before billboards? Mr. Widing stated yes. the elections, those kind of billboards? Mr. Widing stated they are the electronic video Mr. Foltz asked Mr. Widing how many type of billboards. Mrs. Nelson asked so the billboards does the City currently have? Mr. billboards that are already there, that Widing said Mr. Stires could answer that announce Easter Services and things like that more than he, but he thinks there is a bunch. are not included in this? Mr. Widing stated Mr. Widing stated that they no longer allow that existing billboards are not included in them to double stack or double wide, there are this ordinance; it is the future billboards that a couple of them around town. Mr. Foltz are included. stated that is not a necessarily a bad idea. Mr. Foltz asked Mr. Widing this would be a Mr. Bill Glazer, Peak Outdoor Advertising, moratorium on all billboards not just the 19035 Edwards Grove Dr., Noblesville. Mr. electronic? Mr. Widing answered correct. Glazer stated that he wanted to go on the record that he and his company have applied Mr. Wilkerson stated in order to develop our for three (3) permits here in the City of standards is there something that we are Anderson prior to tonight’s meeting, for looking at or that Mr. Widing has researched electronic billboards. Mr. Glazer stated that to develop our standards? Mr. Widing said the the three sites that they have applied for are president of the outdoor advertising conforming for legal sites, and he just wanted association contacted him, and he is sending that to be on record. him their standards. Mr. Widing stated the president has a billboard here in this Mrs. Nelson stated that she would like to be community and he wants to convert his on the Steering Committee. billboard to an electronic billboard. Mr. Widing explained the type of electronic Mr. Lamey asked if they pass this ordinance billboards he was considering and the tonight, would that affect the applications of president said great and that he would wait Mr. Glazer? Mr. Widing stated no. until we get standards and he would send Mr. Widing a copy of a model ordinance. Mr. Kreegar stated that it would depend on whether or not the applications, as submitted, Mr. Wilkerson stated that he has seen some meet all the regulations and requirements for electronic billboards up in Merrillville, and issuing a permit for a new billboard. If the that is the most current place he has seen the application does meet all the requirements, billboards in Indiana. then this ordinance would not affect that application. Mr. Widing stated that he thought it was admirable that the gentleman instead of Mr. Widing asked Mr. Stires if he knew how coming in right away and seeking a permit many billboards there are currently in that he would voluntarily delay seeking Anderson. Mr. Stires stated no. permits for electronic billboards and he would send Mr. Widing a copy of a model ordinance. Mr. Foltz asked Mr. Kreegar if he is speaking of the applications that have been filed, and Mr. Wilkerson encouraged anyone on the whether they are within the guidelines? Mr. board that would like to submit information Kreegar stated the City does have guidelines on electronic billboards that they have as it pertains to distances between residences, researched on their own to get it to Mr. other billboards etc. Those standards still Widing as well. apply. Legally there has been some case law in Indiana that says if a permit has already Mr. Spyers asked Mr. Widing how many been applied for, and they meet all the billboards we currently allowed, two standards and requirements, and if a new billboards a year? Mr. Widing stated four (4) ordinance is proposed, it would not apply to 8 them, because the ordinance has not yet been provide the City indemnification agreements passed and they had their applications in and hold harmless agreements from any prior to the passing of the ordinance. Mr. accidents, injuries or sign failures as well as Kreegar stated he cannot speak to whether insurance policy coverage. Mr. Glazer’s applications are good applications or not, that is something that the Mr. Widing stated the Commission has had Staff would have to determine, if they meet time to read all of the other requirements and the existing standards and requirements. engineering certifications. It has to go through a special exception requirement, and various Mr. Wilkerson stated if they feel like they other issues. Mr. Widing shows the wanted to hold out on doing anything with Commission the picture of the off-premise any billboards, they couldn’t stop anything interstate sign to be located behind Ryan’s that has gone through? Mr. Kreegar stated Steakhouse and the hotel, close to where the they could not stop anything in progress, it exit ramp is. The sign will be 85 ft. tall. would only apply to new ones that would be the new cases made after the Council finally Mr. Wilkerson asked about the previous approved this ordinance. ordinance, how does that affect this? Mr. Widing stated it does not affect this ordinance. Mrs. Nelson stated it is good to plan to have a The previous ordinance dealt with billboards, cohesive plan Anderson is changing so much. this is a specific ordinance just for Hoosier Mrs. Nelson mentions that she vacations in Park and their signage. Arizona and everything fits there. It feels like we are starting from the ground up here in Mr. Spyers asked what is the difference Anderson. She added she is not wanting to between number two and the Interstate stop progress, but on the other hand let’s do it freestanding off-premise signage and right for a change, which is why we are on Ordinance #13-08. Mr. Widing stated that these boards after all. Ordinance #13-08 has to do with icon signage for manufacturing concerns, and Ordinance Mr. Spyers made a motion to approve #12-08 is specifically for Hoosier Park. Ordinance #11-08. Mr. Lamey seconded. Motion passed 7 yes, 0 no. Mr. Widing stated that the Off-Premise Interstate Signage, for purposes explanation ORDINANCE #12-08 is to provide a wholly sanctioned license betting horse racing track and gaming slots Race Track Casino Signage Amendment casino located in the City. They want to have two interstate freestanding off-premise signs. Mr. Widing stated there are two sections to If you approve this they will have the right at this proposed Ordinance. Both of them are some point to build the proposed sign and aimed at Hoosier Park and the Casino. The another one in another location. Mr. Widing first part of this ordinance is pylon signage. stated they are only proposing one. Mr. Widing stated it is in reference to their Mr. Widing stated the sign they are proposing need for signage at three (3) different has a video screen in the center of it, it will locations, Charles Street and South have some chasing lights around the outside, Scatterfield Road, East 53rd Street and Virgil which they need to address because there is a Cook Boulevard, and eventually where Virgil section in this ordinance that needs to be Cook Boulevard will meet at East 38th Street. removed, so that this sign can be built as proposed. Mr. Widing stated it was the letter Mr. Widing stated that each of these signs will H in the ordinance, which stated no flashing have a permit fee of $500 and each of these lights. signs, if they are going to be in the right-of- way, they will have to have approval from the Mr. Widing stated that they need to make a Board of Works and Hoosier Park will have to floor amendment to remove letter H out of this 9 proposed ordinance. Mr. Widing and Mr. the floor by removing H out of the proposed Kreegar had a discussion about needing to ordinance. We have to take H out if they want remove letter H. to build the proposed sign. Mr. Wilkerson asked under our current Mr. Yates asked does the Department of situation, how many signs like this potentially Transportation determine what signs can do could be placed? Mr. Widing stated this along the interstate? Mr. Widing answered ordinance is specifically written. He added the within 660 ft along the interstate the purpose of this provision is to allow a fully Department of Transportation has the right to sanctioned license betting horse race track determine what is an approved sign. and gaming slots casino, located in the City limits, to place two interstate freestanding off- Mr. Widing stated that under Section Two, premise signs. An organization fitting those letter C, this will have to take a special specifics could erect these two signs. Mr. exception, and approval from INDOT must Widing stated there is only one facility that accompany the application for a Special fits those requirements. Exception. Mr. Widing stated that INDOT does have standards, and he will let Hoosier Mr. Wilkerson stated he was just wondering if Park work with INDOT. Ivy Tech came and said they wanted to use the campus site to put up a sign. Mr. Widing Mr. Spyers asked about the elevation does it answered they could not due to the fact they include the sign only or the sign and the base? are not a fully sanctioned race casino. This Mr. Donnelly stated it is 80 ft. from the legislation is specifically written for Hoosier ground to the top of the structure. Park and it is constructed and crafted specifically for Hoosier Park. Mr. Foltz asked Mr. Widing about Jackie Turner from RATIO, how does the sign fit in Mr. Flotz stated that he had a question for with the comprehensive plan? Ms. Turner Mr. Kreegar, because this is very specific expressed some concerns about the sign. Mr. ordinance for a specific entity, someone can’t Widing stated that Ms. Turner doesn’t think come in and say that’s exclusive. Mr. Widing the city should allow a sign like this in stated it is part of an economic development Anderson. Mr. Widing stated that the City has package that they negotiated with Hoosier worked out an agreement which includes the Park. sign as part of an incentive package with Hoosier Park. Mr. Wilkerson asked they have already organized this, to the point that it has been Mr. Wilkerson stated his concern about the worked out in their package. Mr. Widing incentive plan being worked out before coming answered yes. It was one of the incentives that through the board. It is almost like, the they negotiated with Hoosier Park. package should have had more involvement with the people, since they are the ones that Mr. Rayford asked about the picture of the are going to be looking at it. Mr. Widing asked sign. The man to the side of the picture how do you work out a package with a board? depicts the size of the sign compared to a man Mr. Widing answered you can’t. There are that is six (6) ft. tall. Mr. Widing stated that is individuals that work out the package and the size of a typical man, and the reason the then bring it to the Board and submit what base is tall is at that location at the interstate, they have worked out in negotiations. the ground elevation on that side of the interstate dips way down from where the road Mr. Wilkerson stated the way it has been bed of the interstate lies. approached is currently the City does not have a comprehensive development that would Mr. Widing stated in Section Two, the allow for the people who are making the Commission needs to, if the Commission decisions on the front end to have something accepts what he is proposing, amend this from to base their decision off of, so the group that 10 made the decision should have some kind of anything like that. Mr. Donnelly stated Mr. documentation from the City to look at that Widing, Mr. Kreegar and others thought the would help them establish what they are best way to approach this was to make a doing at the end, or initially. Mr. Wilkerson special use type sign ordinance, applicable stated that is his only complaint. only to this use. Mr. Wilkerson stated if the city had the Mr. Donnelly stated that another way to do Comprehensive Plan and it was solid, and not this is go before the Board of Zoning Appeals just the blueprint that is looked upon, but and say this is a unique situation and cannot something else is done, it would help at be replicated and ask for a half dozen ground zero. Mr. Wilkerson stated we are still variances. Mr. Donnelly emphasized either working from a ground zero position, in way it works in planning law. Mr. Donnelly developing what we are doing. added Jackie from RATIO was talking about an entertainment district. Mr. Donnelly Mr. Widing stated that he disagreed with Mr. pointed out that in an entertainment district Wilkerson’s statement. you would have certain unique features, one would be a gateway entrance of some sort, and Mr. Wilkerson stated that he believes we are it would propose to be the gateway entrance still at ground zero, and no one can sit here sign. and show me what the identity of the City is yet, we don’t know what we are. The City is Mr. Donnelly stated the reason why they are still forming, even though we have been asking you to delete anything about flashing working on it for years. Mr. Wilkerson added lights is the state (INDOT) has a very, very there is still something that is being developed detailed and strict set of rules about flashing here that we have not laid out properly. Mr. lights. Mr. Donnelly stated they did not want Wilkerson stated that is why when you go to to have a set of rules with the City and set of other cities and see their plan clearly, and rules with the State of Indiana. The state’s when we come to Anderson, you cannot tell rules are based on safety and other issues. Mr. what it is yet. Mr. Wilkerson stated he thinks Donnelly stated there was no way to reconcile we are working towards something, but we those two sets of rules. are not there. Mr. Donnelly stated he had discussions with Mrs. Nelson stated the spirt of what they just Mr. Widing and Mr. Kreegar and it was did, of say we are going to work together and decided that we would let the State of Indiana come up with these ideas, we’ve slammed the have the control over the flashing lights. Mr. door on that and here it is take or leave it. Mr. Donnelly, having been a Planning Director, Wilkerson agreed with what Mrs. Nelson stated he knows the City doesn’t have stated. Mr. Wilkerson stated there is a sufficient staff that would go out and measure planning process that should be set in place the frequency of flashing or the intensity, that we would be working on, but we are not where as the state will go out and do that. there yet. It is taking time for the Commission Mr. Donnelly stated that this sign is not as to work on being unified towards something. tall as several signs out there, it certainly has Mr. Wilkerson added because all of us see more of a visual impact. The Hampton Inn something different when we see Anderson sign which is east of where the proposed sign that is being presented to us time and time will be, is about 45 ft. tall. This is 80 ft. again. maximum, probably less than 80 ft. The Marathon Station sign is 100 ft. The Cracker Dick Donnelly, 1615 Broadway, stated he is Barrel sign is taller than that. Mr. Donnelly not the petitioner, it was Mr. Widing’s idea. stated that the billboard west of the proposed Mr. Donnelly said he would of approached this site is very tall at approximately 60 to 70 ft. in a totally different way. He added this is a special use. It’s unique and it’s probably not Mr. Donnelly stated he would appreciate going to be replicated in any shape, fashion or approval of this ordinance tonight, and you 11 make the recommendation to City Council. Hoosier Park is spending a lot of money for Mr. Wilkerson stated there are things the the ground and the sign. Mr. Donnelly stated Commission needs to take into consideration he didn’t want too run over the Commission. because it is going to be here for a long time. Mr. Donnelly offered if a month would help to Mr. Widing stated the Commission is not form a sub-committee to sit down and discuss approving the proposed sign, you are it, if that is the approiaite way to go forward approving an ordinance and then they have to then they will do whatever the Commission apply to the Board of Zoning Appeals, with an wants. Mr. Donnelly stated they need to get approval from INDOT. Then the Board of started building the sign, and hope the casino Zoning Appeals would actually approve the opens in a couple of months. They would love sign, Mr. Widing stated. to have the sign moving forward, until they get the Board’s approval, and State highway Mr. Widing said a typical sign, they would (INDOT) approval. come in and apply to Staff, and then the Staff would either approve or deny. Mr. Widing Mrs. Nelson asked Mr. Donnelly what the stated he did not want to have that weight on State thinks about the sign? Mr. Donnelly his backside. He added we are setting up a answered discussions are going on intensely requirement that it has to at least go through with the State of Indiana to reach a the Board of Zoning Appeals. They are going compromise with their rules in terms of the to have to notify the neighbors and there is flashing lights. Mr. Donnelly stated the sign going to be public input. might be modified in its design and impact to compromise with the State. Mr. Widing stated he did not want this to be somewhat of a fake of a complete situation, Rick Moore, General Manager of Racing, 4500 where they are going in through the Board of Dan Patch Circle, stated they do not have the Zoning Appeals with a bunch of variances in luxury of being located on the expressway. hand and it’s snuck through that way. Mr. This sign is meant for a statement that you Widing wanted an ordinance situation where have reached a destination spot, and that it would go through this body, then the Board destination happens to be Anderson, Indiana. of Zoning Appeals. Mr. Moore stated he is proud they are in Anderson. He added when you see that sign, Mr. Widing stated there is a lot of input in you are going to say I have arrived, in this process. It is not bypassing this body, this Anderson, Indiana. Mr. Moore stated that is a way. pretty neat statement. Mr. Kreegar stated what Mr. Donnelly stated Mr. Moore stated this is a first class project, was correct in what he said and Mr. Widing is one that everyone is going to be proud of, and correct also. Mr. Kreegar stated the the biggest thing to hit Anderson in who Commission might not have gotten this knows how long. Mr. Moore stated that ordinance had there not been some planning everything they are doing, they are doing in a and some thought that went into it. Mr. first-class respectable manner. Mr. Moore Kreegar added they could of gone straight to stated he is here before the Commission for the Board of Zoning Appeals, but in order to approval, in a respectable manner on this make this procedure have a little more matter. substance to it, rather than throw all of this at the Commission of Zoning Appeals, these Mr. Wilkerson stated he understands we want standards were created. Mr. Kreegar stated to make sure that the statements made are that is basically what is before the appropriate not only for this time in our Commission, and Mr. Widing could of made generation, but for how long it is going to be the decision to bypass this Commission all out there. If this were a mailbox, and we could together and send it directly to the Board of scale it down, Mr. Wilkerson stated he doesn’t Zoning Appeals. Mr. Kreegar stated this is a know if he would want that to be his mailbox. 12 better product than just sending it to the made a selection for their second interstate Board of Zoning Appeals. sign, we are just giving them that opportunity in the future to have a second interstate sign. Mr. Wilkerson stated that he understood that point, and he thinks the process is probably Mr. Rayford made a motion to approve agreeable, because it takes a little of the amended Ordinance #12-08 with the letter H weight off of just one person or a group of taken out. Mr. Lamey seconded. Motion people making the decision about the project. passed 6 yes, 1no. Mr. Widing stated that what Mr. Kreegar was Mr. Foltz made a motion to approve the saying and what Mr. Donnelly is saying now, amended Ordinance #12-08. Mr. Lamey with the agreement that we made with seconded. Motion passed 6 yes, 1 no. Hoosier Park, he could of said alright, look at a bunch of variances and go straight to the ORDINANCE #13-08 Board of Zoning Appeals and not come to this body. Mr. Widing stated he did not want to do Interstate Freestanding Identification that, he wanted to write a specific ordinance Amendment and give this Commission a chance to have its input. Mr. Widing stated this is intended to be icon signage for manufacturing concerns. The Mr. Donnelly stated Hoosier Park anticipates Economic Development Department came to 42,000 to 50,000 people a week, coming to the Municipal Development Department and Anderson, because of the casino. He added in wanted an economic development tool. order to do that, Hoosier Park does want a sign that says you have arrived. Mr. Donnelly Mr. Widing stated the whole purpose of this stated that is why they came up with this provision is to allow industrial manufacturing approach. Mr. Widing and Staff have been and high-tech businesses along the interstate working on this since late last year. The to have one additional identification sign process might be late getting to you, but they beyond their current adopted City standards. have been dealing with this whole thing for about five (5) months. Mr. Widing stated it is not to be construed to be a multi-tenant use sign. The intent is to Mr. Donnelly stated this was before the allow major businesses and or major Commission last month, and there has not manufacturers an opportunity to install a sign been an effort to shoehorn or cram this in to along the interstate identifying their the Commission. company. He stated they are not going to have pylon signs with multi-tenant identification Mr. Rayford stated that he has listened to signs. This is a logotype sign. Mr. Widing everybody talk and everyone have there own stated it is for identifying the company only. special feelings about this, and frankly he believes what everyone has said thus far and Mr. Widing stated yes, the first one to be the points they are making. However, we are proposed is Nestle. This is a 3-D character of a hashing over something that he thinks they bunny that is being proposed. He stated that are going to continue to hash over and he it must have a special exception, and must thinks it is time to move on. Mr. Rayford submit along with their application, approval asked what would it take as far as a motion to by INDOT, and it must maintain at least 500 strike H out of the ordinance? Mr. Rayford ft. from any other interstate off-premise sign made the motion. (billboard), and 50 ft. back from the right-of- way. Mr. Spyers stated they are proposing two freestanding signs. He asked Mr. Widing if he Mr. Widing stated they need to submit a had any idea where they want to put the engineering certification along with their second sign? Mr. Widing stated they have not application. He is recommending that they 13 keep no beacons, blinking lights, fluttering lights pulsating lights in this one. Mr. Widing Mr. Widing stated that 24th Street to Meridian stated the amending Ordinance allows a for the Church of the Nazarene vacating a maximum sign face of 500 sq. ft., and 45 ft. in portion of 24th street, passed all three height. A digital billboard will be allowed at a readings. maximum of 200 sq. ft. Meeting adjourned at 6:15pm Mr. Widing stated the sign must be 500 ft. from any residential zone or primary or secondary education school property line, church property line or institution of human care property line. Mr. Widing stated it needs to have a landscaped island to buffer the base. Mr. Widing stated other than Nestle, this would be an economic development tool to be BY: ______________________________ able to offer to large manufacturing concerns Jesse Wilkerson, President to be able to build icon type signage along the interstate. ATTEST: ___________________________ Mr. Foltz asked what about the smaller Stephanie George, Temp. Board businesses? What if they want to build a big Secretary sign? Mr. Widing stated the way he has written it, they must have 20 acres. Mr. Widing stated that if you were to go to Dallas Texas, on the south side, Texas Instruments has a huge icon sign of their logo. Some of these major corporations, the logo is very important to them. Mr. Foltz asked if this Ordinance would go before the Board of Zoning Appeals as well? Mr. Widing stated yes, and they will have to have approval of INDOT to submit along with their application. Mr. Spyers asked this is only along I-69? Mr. Widing stated yes only along the interstate. They can’t ask for this sign anywhere else in the community it has to be along the interstate. Mr. Lamey made a motion to approve Ordinance #13-08. Mr. Yates seconded. Motion passed 6 yes, 1 no. CITY COUNCIL UPDATE Mr. Widing stated the two rezoning he had proposed passed with two readings. Both of those were for Jim Stottlemyer’s property being rezoned from R-2 to B-3 and R-2 to I-1. 14