Plan Commission

PLAN COMMISSION MINUTES April 22, 2008 MEMBERS PRESENT: BUSINESS: Deborah Nelson, Vice-President PETITION #25-07 SUBMITTED BY Greg Spencer, Member MADISONPARK CHURCH OF GOD FOR Mark Lamey, Member A SECONDARY PLAT BE KNOWN AS Willie Rayford, Member MADISON PARK SECTION ONE Joseph Newman, Member LOCATED AT 6607 PROVIDENCE DRIVE Darin Foltz, Member (CONTINUED 9-25-07, 10-23-07, 12-11-07, 1-22-08- 2-26-08, 3-25-08) MEMBERS ABSENT: Mr. Stires stated a maintenance bond was not Jesse Wilkerson, President submitted on time. Mr. Stires asked for Gene Yates, Member Petition #25-07 to be continued until the next Michael Spyers, Member Plan Commission meeting. OTHERS PRESENT: Mr. Foltz moved to continue Petition #25-07 until the next Plan Commission meeting. Mr. Michael Widing, Development Director Rayford seconded. Motion passed, 5 yes and 0 Tim Stires, Assistant Development Director no. Stephanie George, Zoning Administrator Amber Lewis, Board Secretary; and PETITION #11-8 SUBMITTED BY JAMES William C. Kreegar, Assistant City Attorney L. STOTTLEMYER, PATCHWORK PARTNERS, INC., STOTTLEMYER ROLL CALL AND DECLARATION OF A EXCAVATING, INC., MARTIN TABOR QUORUM: AND RIDGE ROAD CROSSING, LLC FOR A SECONDARY PLAT FOR A Mrs. Nelson called the meeting to order at SUBDIVISION TO BE KNOWN AS RIDGE 4:36 p.m. Ms. Lewis took roll call and ROAD CROSSING, SECTION THREE declared a quorum with five (5) members in LOCATED IN THE 1300 THROUGH 1400 attendance. BLOCKS OF WEST 53RD STREET ON THE NORTH SIDE AND 1400 BLOCK OF Mr. Lamey arrived after roll call at 4:43 p.m. STOTTLEMYER WAY AND ABRAHAM to make six (6) members present. DRIVE ON THE SOUTH SIDE. (CONTINUED 3-25-08) Mrs. Nelson performed the invocation and the Pledge of Allegiance was recited. Mr. Stires stated the petition was continued from last month in order to allow the MINUTES: petitioner additional time to submit an Engineer’s estimate and a performance bond. The March 25, 2008 minutes were approved. The required Engineer’s estimate is on file, Motion passed unanimously; 5 yes, 0 no. Mr. but the performance bond has not been filed. Lamey was not present yet. Mr. Stires requested that Petition #11-08 be continued until the next scheduled meeting. Mr. Foltz moved to continue Petition #11-08 until the next scheduled Plan Commission 1 meeting. Mr. Rayford seconded. Motion subdivision to be known as McLochlin passed unanimously; 5 yes and 0 no. Addition, provided an acceptable performance bond or Letter of Credit has been filed. The PETITION #12-08 SUBMITTED BY plat should be forwarded to the Board of MCLOCHLIN ENTERPRISES, INC. FOR Public Works for acceptance of the plat, A SECONDARY PLAT FOR A covenants, easements and performance bond SUBDIVISION TO BE KNOWN AS or Letter of Credit. Mr. Spencer seconded. MCLOCHLIN ADDITION LOCATED AT Motion unanimously passed, 6 yes and 0 no. 915 AND 925 SOUTH SCATTERFIELD ROAD (FORMER BURGER KING AND PETITION #15-08 SUBMITTED BY CITY KING GYROS RESTAURANTS.) OF ANDERSON COMMUNITY (CONTINUED 3-25-08) DEVELOPMENT DEPARTMENT FOR A REPLAT OF LOTS #85, #87 AND A PART Mr. Stires stated the petition was continued OF LOT #86 IN WOODLAWN ADDITION from last month in order to allow the TO BE KNOWN AS LOTS #355 AND #356 petitioner time to submit a performance bond IN WOODLAWN ADDITION LOCATED IN or letter of credit. The required letter of credit THE 1800 BLOCK OF SHERIDAN is on file. STREET ON THE EAST SIDE. Mr. Stires stated the property is located in the Mr. Stires stated the property is located in the 900 block of South Scatterfield Road on the 1800 block of Sheridan Street on the east side, west side and contains 1.5 acres and is zoned is zoned R-3 Residential and contains .505 of B-2 General Business. All utilities are an acre. These lots are owned by Community available to the site including electrical, gas, Development and the Rural Opportunities water, storm and sanitary sewers. Housing Corporation of Indiana A new home was constructed on the north end of the Mr. Stires stated the petitioner is seeking acreage in 2007, and plans to build a second secondary plat approval for the two (2) lot home in 2008 on the south end. subdivision to be known as McLochlin Addition. The plat shows both lots with a 30 Mr. Stires stated the petitioner is seeking to ft. front building setback as they front South replat Lots #85, #87 and part of #86 in Scatterfield Road. Lot #2 has a 20 ft. front Woodlawn Addition into two (2) larger lots. building setback as it fronts East 10th Street. The two (2) new lots will range in size from of .246 to .257 of an acre. Mr. Stires stated the plat shows a 15 ft. drainage, utility and communication easement Mr. Stires stated the petitioner is requesting a around the perimeter of both lots. A 30 ft. variance from the required 40 ft. front wide cross access easement is shown along the building setback line as specified under the far east end of the property line between Lots Subdivision Control Ordinance. The proposed #1 and #2. replat shows the required drainage, utility and communication easement ranging from Mr. Stires stated the public infrastructure 7.5 ft. to 15 ft. wide around the perimeter of improvements involved with this plat have both lots. All infrastructure improvements, already been built except for sidewalks. including sidewalks already exist. Mr. Stires stated staff is recommending Mr. Stires stated staff is recommending approval of this secondary plat because it does approval of the replat and variance (setback) meet the requirements of the Subdivision for Lots #85, #87 and part of #86 in Woodlawn Control Ordinance and is not in conflict with Addition, because it does meet a majority of the City’s Comprehensive Plan. the requirements of the Subdivision Control Ordinance and creates two new buildable lots. Mr. Newman made a motion to approve Petition #12-08 for a secondary plat for a 2 Mr. Lamey made a motion to approve Petition #15-08 for the final plat of Lots #335 and #356 Mr. Stires stated the proposed rezoning is not in Woodlawn Addition in a Replat of Lots #85, in conflict with the City’s Comprehensive #87 and part of #86 in Woodlawn Addition and Plan, because the petitioner plans to operate the variance from the front building setback. an academy (school), which is considered an The plat should be forwarded to the Board of institutional use. Public Works for acceptance of the replat, variance, easements and covenants. Mr. Mr. Stires stated staff is recommending Rayford seconded. Motion unanimously approval of the proposed zone map change passed, 6 yes and 0 no. from B-3 to R-2, because the proposed rezoning will allow the petitioner to return the PETITION #16-08 (ORDINANCE 14-08) property to its rightful intended use, since it SUBMITTED BY ANDERSON had been an elementary school for several PREPARATORY ACADEMY AND QUAD years. Staff believes rezoning the property BUILDING, LLC FOR A ZONE MAP back to its prior R-2 zone class will make it CHANGE FROM B-3 TO R-2 LOCATED easier for the petitioner to eventually operate AT 3205 WEST 25TH STREET (FORMER the academy. Staff notes the City will 25TH STREET ELEMENTARY SCHOOL). maintain control of the use, because a special exception is required from the Board of Zoning Mr. Stires stated the property is located in the Appeals for a school or academy. 3200 block of West 25th Street on the south side, is currently zoned B-3 Neighborhood Mr. Spencer asked in regards to the academy Shopping Center and is the former site of the is it a charter school? Mr. Robert Guillame 25th Street Elementary School. Quad stated it is an accredited charter school that is Building, LLC, the current owner, would like public and no tuition. He stated funding to lease property to the petitioner, Anderson comes from the state, has high academic Preparatory Academy. standards, and is not a military academy. Mr. Stires stated the petitioner is requesting a Mr. Spencer asked about the admission zone map change from B-3 Neighborhood standards? Mr. Guillame stated there are no Shopping Center to R-2 Residential. The B-3 admission standards. The school will consist zone class is designed to encourage of approximately 220 students. There is development of planned neighborhood already an established waiting list. shopping centers at convenient locations. The R-2 zone district allows for single-family Mr. Stires asked what grades are offered? Mr. residences, schools, churches, golf courses, Guillame stated currently grades 1 thru 6, but substations and a cemetery. they will be adding one grade each additional school year. The school will eventually offer Mr. Stires stated the new owner would like to grades 1 thru 12. return the property to an R-2 zone class, which would be the first step in enabling the Jamie Hudson stated she wanted to express property to again be used as a school. If the her support and approval for the school. rezoning is approved by the Commission, it would be forwarded to the City Council. If Mr. Spencer made a motion to approve approved by City Council, then it would be Petition #16-08 (Ordinance 14-08) for the required to go before the Board of Zoning rezoning because it would be conserving the Appeals for a special exception for a school. property values throughout the neighboring districts, because it was a school before and Mr. Stires stated the petitioner can’t be locked the original zoning was R-2. The proposed into or committed to operating the Academy rezoning would be considered responsible on the property. He reiterated staff would development and growth because again it was emphasize the R-2 zone class allows a originally a school and it provides a service to residential use or a school. the community. The proposed rezoning would 3 not affect the current conditions and the concrete sidewalks along Virgil Cook character of the existing structures in the area Boulevard. and the surrounding districts, because it is surrounded by R-2 zoning. The proposed Mr. Stires stated staff is recommending rezoning is compatible with the approval of this single lot secondary plat and comprehensive plan. The proposed rezoning variance (sidewalks) as it meets the does establish a desirable precedent in the requirements of the Subdivision Control area and public utilities are available to Ordinance. support the proposed rezoning. Mr. Lamey seconded. The motion passed unanimously, 6 Mr. Newman asked when General Motors yes and 0 no. deeded property to the City, did that include the three (3) houses from Helena Drive to the PETITION #17-08 SUBMITTED BY CITY main entrance to Plant 20? Mr. Widing stated OF ANDERSON REDEVELOPMENT yes. COMMISSION FOR A SECONDARY PLAT FOR A SUBDIVISION TO BE Mr. Charles Myers asked if there are any KNOWN AS ANDERSON plans to extend the street into his subdivision REDEVELOPMENT INDUSTRIAL PARK or anything going there? Linda Dawson III, PHASE TWO LOCATED IN THE 3200 stated she has an interested party, but did not THROUGH 3300 BLOCKS OF VIRGIL elaborate. COOK BOULEVARD. Mr. Spencer asked will this go in front of the Mr. Stires stated the property is located in the Board of Zoning Appeals? Mr. Widing stated 3200 through 3300 blocks of Virgil Cook no. Boulevard on the west side, contains 2.515 acres, is zoned I-2 Industrial and all utilities Mr. Newman made a motion to approve are available to the site. Property is vacant Petition #17-08 for the secondary plat and ground that is directly west of the former variance (sidewalks) for the Anderson General Motors Plant #20 and is part of the Redevelopment Industrial Park III, Phase original nine (9) lot primary plat known as Two and forward it to the Board of Public Anderson Redevelopment Industrial Park III. Works for the acceptance of the plat, variance, covenants and easements. Mr. Lamey Mr. Stires stated the petitioner is seeking seconded. The motion passed unanimously, 6 secondary plat approval for the single lot to be yes and 0 no. known as Lot #5 in the Anderson Redevelopment Industrial Park III, Phase CITY COUNCIL UPDATE Two. The single lot shows a 60 ft. front building setback line as it fronts Virgil Cook The third reading was approved for a Zone Boulevard. Also, the proposed single lot Map Change from R-2 to B-3 for a property shows a 25 ft. drainage, utility and located in the 1300 through 1400 blocks of communication easement on the east and west West 53rd Street on the north side and directly sides of the lot, and a 15 ft. drainage, utility west of Sloan’s Madison Heights Addition and communication easement along the south (7.347 acres). side of the lot. The third reading was approved for a Zone Mr. Stires stated staff notes the two roadways Map Change from R-2 to I-1 for property noted on the plat, Virgil Cook Boulevard and located in the 4900 through 5200 blocks of Miami Road, were both dedicated on August Ridge Road on the east side and directly west 28, 2007. of Madison Court Addition (10.034 acres). Mr. Stires stated the petitioner is requesting a The first and second readings were approved variance from the Subdivision Control for a Zone Map Change from B-1 to I-2 located Ordinance Requirement for five (5) ft. wide 4 at 1716 West 53rd Street (former Best Farms Feed Barn). Mr. Widing withdrew the ordinance requesting a moratorium on issuing permits for off-premise (billboard) signs. All three readings were approved for an amending ordinance to the City Sign Ordinance which allows for Race Track Casino Signage including (3) pylon and (2) off-premise signs. The first and second readings were approved for an amending ordinance to the City’s Sign Ordinance which allows for interstate signs. ADJOURMENT Mrs. Nelson motioned for adjournment. Mr. Spencer seconded. Meeting adjourned at 5:22 p.m. BY: __________________________________ Deborah Nelson, President – Pro Tem ATTEST: ___________________________ Amber Lewis, Board Secretary 5