Plan Commission

PLAN COMMISSION MINUTES May 27, 2008 MEMBERS PRESENT: BUSINESS: Jesse Wilkerson, President PETITON #25-07 Deborah Nelson, Vice-President SUBMITTED BY THE MADISON PARK Greg Spencer, Member CHURCH OF GOD FOR A SECONDARY PLAT Gene Yates, Member FOR A SUBDIVISION TO BE KNOWN AS THE Darin Foltz, Member MADISON PARK, SECTION ONE LOCATED Michael Spyers, Member AT 6607 PROVIDENCE DRIVE (CONTINUED 9-25-07, 10-23-07, 12-11-07, 1-22-08, 2-26-08, MEMBERS ABSENT: 3-25-08, 4-22-08) Mark Lamey, Member Mr. Stires stated Petition #25-07, submitted Willie Rayford, Member by Madison Park Church of God, is seeking Joseph Newman, Member secondary plat approval for a subdivision to be known as the Madison Park, Section One. OTHERS PRESENT: The petition has been continued several times due to the petitioner not being able to get the Michael Widing, Development Director maintenance bonds completed. The Tim Stires, Assistant Development Director maintenance bonds have now been finalized Dave Wilbur, Senior Zoning Administrator and are now on file, so we can proceed with Stephanie George, Acting Board Secretary; finalizing the plat. William C. Kreegar, Assistant City Attorney Mr. Stires stated the property contains 124 ROLL CALL AND DECLARATION OF A acres and is zoned B-1. All utilities are QUORUM: available to the site. The original primary plat was approved in August 2003. Mr. Wilkerson called the meeting to order at 4:34 p.m. Ms. George took roll call and Mr. Stires stated the proposed one lot plat declared a quorum with six (6) members in contains a 30 ft. setback line as the property attendance. fronts along 67th Street, a 15 ft. drainage and utility easement and other various ingress Mr. Rayford arrived after roll call at 4:44 p.m. egress drainage utility easements throughout to make seven (7) members present.. the lot. The proposed plat shows a 60 ft. wide recorded gas line right-of-way. Mr. Stires Mr. Foltz performed the invocation and the stated they have the right-of-way dedication Pledge of Allegiance was recited. for the extension of 67th Street. MINUTES: Mr. Stires stated the petitioner has committed to comply with the Subdivision Control Mr. Spyers motioned to approve the April 22, Ordinance requirement and to install five (5) 2008 minutes. Mrs. Nelson seconded the ft. wide sidewalks along East 67th Street as it motion. The motion passed unanimously; 6 is installed in stages. yes, 0 no. Mr. Stires stated the maintenance bonds on file total $268,990 which is equal to 25 percent of the cost of the public improvement installed for this single lot plat. 1  plat approval for a six lot subdivision to be Mr. Stires stated staff is recommending known as Ridge Road Crossing. approval to the Plan Commission for this final plat for Madison Park, Section One which Mr. Stires stated the petition has been does meet the requirements of the Subdivision continued for the past two months in order for Control Ordinance. If the plat is approved it the petitioner to finalize a maintenance bond should be forwarded to the Board of Public or obtaining a letter of credit. A letter of Works for acceptance of the plat, easements, credit is now on file so that we are able to maintenance bonds and covenants. proceed with the petition. Mr. Bill Davidson, attorney representing Mr. Stires stated property is located at the Madison Park Church of God, stated Rayl northeast corner of Ridge Road and West 53rd Engineering is also present if any questions Street behind the former Lee’s Theatrical. are needed to be asked of them. The plat contains 13.4 acres and has a split zoning of B-3 and I-1. Mr. Davidson stated when the project was started several years ago the neighbors in the Mr. Stires stated the property is currently subdivision on Main Street were concerned vacant and did receive primary plat approval about the drainage issues. He stated they from the Commission in February 2008. weren’t sure if they would be able to address those concerns or not, but he was approached Mr. Stires stated the six lots will range in size by one of the neighbors and they told him the from 1.4 acres to 2.3 acres. The lot to the drainage has improved. north and south contain a front building setback line of 45 ft. because it’s located in a Mr. Foltz motioned to approve Petition #25-07 B-3 zone class. Lot 9 to the north also has a for the secondary plat for a subdivision to be B-3 zoning and a 45 ft. building setback line known as Madison Park, Section One because along the east edge of the property. Lots 6, 7, it meets the requirement of the Subdivision 8 and 9 have a 30 ft. setback line as they front Control Ordinance and the plat should be Abraham Drive, Stottlemyer Way and Ridge forwarded to the Board of Public Works for Road. the acceptance of the plat, easements, covenants and maintenance bonds. Mr. Mr. Stires stated all the lots have the required Spyers seconded the motion. The motion 15 ft. drainage, utility and communications passed unanimously; 6 yes and 0 no. easements. There is a 30 ft. drainage, utility and communications easements along lots 6, PETITION #11-08 SUBMITTE4D BY 7, 8 and 9. The plat does show the various JAMES STOTTLEMYER, PATCHWORK right-of-way dedications for both Everett PARTNERS, INC., STOTTLEMYER Street and 53rd Street. EXCAVATING, INC., MARTIN TABOR AND RIDGE ROAD CROSSING FOR A Mr. Stires stated petitioner is requesting a SECONDARY PLAT TO BE KNOWN AS variance from the sidewalk requirements from RIDGE ROAD CROSSING, SECTION III the Subdivision Control Ordinance because LOCATED IN THE 1300 THROUGH 1400 there were variances granted from the BLOCKS OF WEST 53RD STREET ON sidewalk requirement granted for the previous THE NORTH SIDE AND 1400 BLOCK OF five lots including Lee’s Theatrical, two lots STOTTLEMYER WAY AND ABRAHAM east and Lots 4 and 5 to the north. DRIVE ON THE SOUTH SIDE. (CONTINUED 3-25-08, 4-22-08) Mr. Stires stated the letter of credit is on file totaling $61,000 plus and represents 125 Mr. Stires stated Petition #11-08 submitted by percent of the project engineer’s estimate of James Stottlemyer, Patchwork Partners, Inc., what it will cost to install the infrastructure Stottlemyer Excavating, Inc., Martin Tabor improvements containing streets, sewer and and Ridge Road Crossing are seeking a final water lines. 2  zone map change from R-2 and I-3 to B-1. The Mr. Stires stated staff is recommending property is located in the 5900 block of approval of the secondary plat because Ridge Columbus Avenue on the east side and the Road Crossing, Section, Three does meet the 1300 block of East 60th Street on the north requirements of the Subdivision Control side. The property consists of 1.8 acres and is Ordinance, except for the sidewalks if granted currently zoned R-2 Residential and I-3 the variance. The secondary plat should be Industrial Reserved. forwarded on to the Board of Public Works for acceptance of plat, variance from sidewalks, Mr. Stires stated the R-2 zone class allows for covenants, easements and letter of credit. single-family homes. The I-3 zone class allows for industrial uses with a Special Exception, Penny Narum, Rayl Engineering, stated she is residences, but no businesses. A B-1 Local representing the petitioner and would answer Business zone class is a zone district which is any questions the Commission has. primarily designed to accommodate retail or service nature business uses. Mr. Yates asked about the overhead power line and what effect does it have on the piece Mr. Stires stated staff notes the affected of property? Mrs. Narum stated they are able property is bounded on the north and east by to install a parking lot beneath the power line, commercial property (West Electric and a but cannot build anything under the power Daycare) which is zoned B-1. Directly west is line. Columbus Avenue and is occupied by R-2 Residential and I-1 Light Commercial. Mr. Yates asked Mr. Widing if that would Directly south is property occupied by effect anything that the Commission does. Collision Cure which is zoned I-1 Light Mr. Widing stated you can plat lots and from a Industrial. building stand point the only improvements that can be made is a parking lot can be put Mr. Stires stated staff reiterates the permitted under the power line, but other than that no uses for a B-1 zone class are service or retail buildings can be constructed there. It does uses where all the operations, including the not affect the platting of the lots. storage of materials and equipment are confined within a building. Also, staff would Mr. Spyers motioned to approve Petition #11- encourage Commission members to remain 08 for Ridge Road Crossing, Section Three and focused on how the proposed rezoning will fit the final plat should be forwarded to the in with the surrounding existing zonings. Board of Public Works for acceptance of the plat, variance (sidewalks), covenants, Mr. Stires stated the proposed rezoning is easements, letter of credit and the addition, if compatible with the surrounding zonings and not already on the plat of no access off of development, but is in conflict with the City’s Ridge Road and 53rd Street for Lots 6, 10 and Comprehensive Plan regarding Medium 11. Mrs. Nelson seconded the motion. Motion Density Residential and Regional passed unanimously, 7 yes and 0 no. Commercial. PETITION #18-08 (ORDINANCE #23-08) Mr. Stires stated staff would remind SUBMITTED BY BRIAN A. AND RONALD Commission members the Comprehensive B. MILLER FOR A ZONE MAP CHANGE Plan is a guide for future development, but is FROM R-2 AND I-3 TO B-1 LOCATED AT always subject to change as potential 5924 COLUMBUS AVENUE, 5900 BLOCK development occurs. OF COLUMBUS AVENUE ON THE EAST SIDE AND THE 1300 BLOCK OF EAST Mr. Stires stated staff is recommending 60TH STREET ON THE NORTH SIDE. approval of the proposed zone map change from R-2 and I-3 to B-1 Local Business, Mr. Stires stated the petition is submitted by because the affected property abuts or adjoins Brian and Ron Miller who are requesting a B-1 zoned property. This property would 3 allow for the existing business West Electric be the most desirable use for the land because to expand in the future if they choose to do so, again it will allow for expansion and economic and would also note that the I-3 property has growth. The proposed rezoning would not never developed as far as any type of affect the current conditions and the character industrial use. of the existing structures in the area and the surrounding districts, because the property is Brian Miller, 1320 East 60th Street, stated he located in an area mostly of business and is the owner of the proposed zone change to industrial sites currently. The proposed B-1. He stated he would appreciate the rezoning may be in conflict with the members’ acceptance of it and would answer Comprehensive Plan, but is compatible with any questions they might have. the Comprehensive Plan. The proposed rezoning does establish a desirable precedent Mr. Yates asked if there was a street between in the area and public utilities are available to the railroad and Columbus Avenue and if so, support the proposed rezoning. Mr. Spyers has it been vacated? Mr. Miller stated the seconded the motion. Motion passed road has been vacated. unanimously, 7 yes and 0 no. Mr. Spencer asked Mr. Miller if he anticipates PETITION #19-08 SUBMITTED BY expanding his business? Mr. Miller stated TRILOGY HEALTH SERVICES, LLC FOR yes. A PRIMARY PLAT FOR A SUBDIVISION TO BE KNOWN AS BETHANY POINTE Mr. Spencer asked how many additional MEMORY CARE AND VILLA ADDITION employees or jobs might that add to our LOCATED IN THE 1700 THROUGH 2100 community? Mr. Miller stated currently they BLOCKS OF BETHANY ROAD ON THE have 35 employees at West Electric and if they SOUTH SIDE AND 1700 THROUGH 1900 expand it would add additional 10 employees. BLOCKS OF EAST CROSS STREET ON THE NORTH SIDE. Mr. Widing stated the hierarchy of zoning has always recognized that industrial needs to be Mr. Stires stated Petition #19-08 is submitted buffer between residential with a business by Trilogy Health Services, LLC and is located class. Again, this is not spot rezoning, right in the 1700 through 1900 blocks of East Cross now they have a business zoning class Street on the north side and the 1700 through between residential and industrial to the 2100 blocks of Bethany Road on the south south. Mr. Widing stated they are an side. The affected property contains 49.7 expanding business that would like to rezone acres and has a split zoning of R-3 Residential the little bit of residential that they do own and R-2 Residential and is the former Boca there. He stated Whetstone Road was vacated Real Golf Course. approximately two years ago. Mr. Stires stated the plat is being proposed to Mr. Spencer motioned to approve Petition #18- allow for future expansion of the Bethany 08 and Ordinance #23-08 to change the zoning Pointe Assisted Living facility and Cross from R-2 and I-3 to a B-1 zone class. The Roads United Methodist Church. proposed rezoning would be conserving the property values throughout the neighboring Mr. Stires stated the petitioner is seeking districts, because the site is already primary plat approval to subdivide the surrounded by businesses or industrial acreage into a three (3) lot subdivision to be property and will buffer the industrial site known as Bethany Pointe Memory Care and from the residential sites that are in the area. Villa Addition. The lots will range from 4.623 The proposed rezoning would be considered acres to 38.181 acres. responsible development and growth because it will allow for expansion of the existing Mr. Stires stated the lots show a required 30 business and bring some economic growth to ft. front building setback line as they front our community. The proposed rezoning would Bethany Road and East Cross Street. The 4 plat shows a required 15 ft. drainage utility Mr. Myers, 2021 Norwood Drive, stated they and communication easement around the welcome the addition to Bethany Pointe. He perimeter of the three proposed lots and stated his only concern is what will end up in between Lots #2 and #3. A 50 ft. wide this backyard. He would like to know how proposed ingress / egress easement is noted close the subdivision will come to his along the western edge of Lots #2. backyard. Mr. Kreegar stated this matter would be coming before the Board of Zoning Mr. Stires stated the plat shows a 30o ft. wide Appeals and at that time they will have a very dedication of additional right-of-way along the detailed plan showing where the buildings south side of Bethany Road. A 50 ft. will be placed. He stated Mr. Myers would be dedication of additional right-of-way along the getting notice of that hearing and this is just north side of East Cross Street. the first step in the platting process. Mr. Kreegar stated you will be getting another Mr. Stires stated the plat was reviewed by the notice. Plat Review Committee on Thursday, May 8, 2008. The primary plat is not in conflict with Mrs. Nelson motioned to approve Petition #19- the Comprehensive Plan. 08 for the primary plat for a subdivision to be known as Bethany Pointe Memory Care and Mr. Stires stated staff is recommending Villa Addition plat. The primary plat will not approval of the primary plat to be known as be forwarded to any other governmental unit. Bethany Pointe Memory Care and Villa Mr. Spyers seconded the motion. Motion Addition. This primary plat, if approved, is passed unanimously, 7 yes and 0 no. not to be forwarded to any other governmental unit. PETITION #20-08 SUBMITTED BY VIPUL MODI AND M3 HOTELS LLC FOR Brad Rayl, Rayl Engineering, 1940 East 53rd A PRIMARY PLAT FOR A SUBDIVISION Street, stated this is an addition to the TO BE KNOWN AS M3 HOTELS property that currently exists. The Bethany ADDITION LOCATED AT 5920 SOUTH Pointe owners on Bethany Road are the SCATTERFIELD ROAD AND THE 2000 owners of this property and their ultimate THROUGH 2100 BLOCKS OF EAST 59TH goal is to expand the health care facility to STREET ON THE SOUTH SIDE. this area. Mr. Stires stated Petition #20-08 is submitted Mrs. Nelson stated she was curious about the by Vipul Modi and M3 Hotels which is located memory care aspect of this. Mr. Rayl stated on the southeast corner of intersection South there will be an Alzheimer’s unit as part of the Scatterfield Road and East 59th Street. The expansion and would be in Phase One. Phase property contains 7.11 acres and is zoned B-2 One is intended to be adjacent to the existing General Business. The site is the Clarion Inn Bethany Pointe facility. which is the former Holiday Inn. The petitioner plans to maintain the Clarion Inn Mrs. Nelson stated the villas section indicates and may develop a new motel on the available separate buildings. Mr. Rayl stated yes. The acreage. All utilities are available to the site. Alzheimer’s unit would be a single building containing approximately 30 beds. The others Mr. Stires stated the petitioner is seeking would be villas that look like condos. primary plat approval to divide the acreage into a two (2) lot commercial subdivision to be Mr. Yates asked if there was any drainage known as M3 Hotel Addition. The lots will problems. Mr. Rayl stated no, because there range in size from 1.828 acres to 5.103 acres. was a storm sewer put in when the golf course Lot #1 is the current site of the Clarion Inn. was built during the 1950’s. The storm sewer Lot #2 will be made available for the does drain to Killbuck Creek. construction of a future motel. 5 Mr. Stires stated the plat shows a 30 ft. front Mr. Yates motioned to approve Petition #20-08 building setback line for Lots #1 and #2 as for the primary plat for the subdivision to be they front East 59th Street, Scatterfield Road known as M3 Hotels Addition. This primary and Interstate 69. The plat does show a plat is not to be forwarded to any other required 15 ft. drainage, utility and governmental unit. Mr. Spyers seconded the communication easement around the motion. Motion passed unanimously, 7 yes perimeter of both lots and along the lot line and 0 no. between the two lots. PETITION #21-08 (ORDINANCE #24-08) Mr. Stires stated the plat shows a 10 ft. SUBMITTED BY SHERRY BOARDS AD dedication of additional right-of-way along the EXCEL IN EXCELLENCE, LLC FOR A north end of both lots as they front East 59th ZONE MAP CHANGE FROM R-2 TO R-3 Street. The plat does show a limited access LOCATED AT 1415 FOUNTAIN STREET. right-of-way due to the southbound ramp of Interstate 69. Mr. Stires stated Petition #21-08 Ordinance #24-08 is submitted by Sherry Boards and Mr. Stires stated the acreage is classified as Excel in Excellence, LLC for a zone map Regional Commercial and is not in conflict change. This property is located in the 1400 with the City’s Comprehensive Plan. block of Fountain Street on the west side. The property contains .11 of an acre and is Mr. Stires stated the plat was reviewed by the presently zoned R-2 Residential. Plat Review Committee on May 8, 2008 and minor revisions were suggested and have Mr. Stires stated when they became aware of since been completed. the daycare facility, a letter was sent to Sherry Boards stating that as long as she met Mr. Stires stated staff is recommending State requirement she could operate the approval of this primary plat as it meets the daycare facility, but the problem was the zone requirements of the Subdivision Control class would not allow the operating of the Ordinance. If the plat is approved it should daycare facility. After Mrs. Boards received not be forwarded to any other governmental notification, she quickly came in and filed the unit. proper paperwork to request a zone map change. Staff has allowed the petitioner to Penny Narum, Rayl Engineering, 1940 East continue to operate the daycare facility on the 53rd Street, stated she is representing M3 affected property because of her prompt Hotes, LLC and would answer any questions. response to the Staff’s notification and to avoid a disruption in daycare service to Mr. Spyers asked how will the subdivision of several families. this lot affect the green space requirements for Lot #1. Mrs. Narum stated at this time Mr. Stires stated the property is zoned R-2 Clarion Inn has a green space calculation of which allows single family homes only. The 20 percent with the requirement being 25 petitioner is requesting a zone map change to percent. She stated the petitioner will be an R-3 which allows for single-family or seeking a variance from the green space duplexes. The R-3 zone class also allows for requirement. daycare facilities, church, clinic, fire station, police station, hospital, heliport, municipal Mr. Spyers asked with this split then they will building, public camp, park, stadium and a have 20 percent green space. Mrs. Narum school. stated yes. Mr. Stires stated the property is bounded on Mr. Stires stated the petitioner is on the the north and northwest by the CVS agenda for the June 4, 2008 Board of Zoning Pharmacy which carries a B-6 zoning. Appeals for the variance. Directly west is property zoned R-2 Residential, and B-3 Neighborhood Shopping 6 Center which contains Taco Bell. Directly Gary Boards, 1008 Redwood Drive, stated east is Fountain Street and apartment they employ five people which is helping the buildings zoned R-4 Residential. community. Mr. Stires stated the City’s Comprehensive Ronald Winferd, 2312 West 15th Street, stated Plan classifies this affected property as he is in favor of the daycare facility and is Traditional Residential and would ask Mr. happy they have come into the neighborhood. Kreegar to define if the property is in conflict. He stated he has seen how knowledgeable Mr. Kreegar stated actual zonings are not in they are in training the children. conflict, so it would not be in conflict with the master plan. Mr. Rayford stated he has known the Boards, and Ronald Winferd really well and he resides Mr. Stires stated the petitioner is responsible in the neighborhood. He stated he has a for demonstrating the character of the rental property on Fulton Street and he property in question has changed and the personally welcomes the idea of a daycare highest and best use of this land is to rezone it being there because it can only help the to R-3 Residential. community. Mr. Stires stated staff is recommending Mr. Spencer motioned to approve Petition #21- approval of the proposed zone map change 08 Ordinance #24-08 for a zone map change from R-2 to R-3, because the affected property from R-2 to R-3 due to the following: The adjoins or abuts or is across the street from proposed rezoning would be conserving the residential zonings and uses. property values throughout the neighboring districts because the area is a mix of Gary and Sherry Boards, 1008 Redwood residential and business properties. The Drive, stated they have owned the apartments proposed rezoning would be considered across the street since 1999. Mrs. Board responsible development and growth because stated they have done a lot on their own to it would allow for the operation of a business revitalize the neighborhood. She stated which provides a needed economic activity and daycare is available to the tenants if they need employment in the area. The proposed that service. Mrs. Boards stated it is not only rezoning would be the most desirable use for a way for business expansion, but a way to the land because it will allow this business to improve the neighborhood. continue and provide a necessary service to the community. The proposed rezoning would Mr. Spyers asked if they owned the not affect the current conditions and the apartments on the other side of Fountain character of the existing structures in the area Street that is zoned R-4. Mrs. Boards stated and the surrounding districts because the yes. surrounding area is a mixture of zoned classes that this will fit nicely in to and be compatible Mrs. Nelson asked if any of the neighbors had with. The proposed rezoning is compatible any complaints. Mrs. Boards stated no. with the Comprehensive Plan. The proposed rezoning does establish a desirable precedent Mr. Wilkerson asked how is the parking. Mrs. in the area. Public utilities are available to Boards stated they have three parking spaces support the proposed rezoning. Mr. Rayford available in their driveway, which allows for seconded the motion. Motion passed two teachers plus herself. Also, they have unanimously, 7 yes and 0 no. street parking available. She stated when you run a home daycare you can only have 16 CITY COUNCIL UPDATE children at one time and people are in and out all day and they have not had any problems The Plan Commission had three items in front with parking. of the City Council at the May meeting. The third reading were approved for the rezoning of 1716 West 53rd Street (former Best Farm 7 Feeds Barn) from B-1 to I-2 for a metal fabrication company relocating from Greenfield. The third reading were approved for the new Interstate Signage Ordinance (Nestle Rabbit icon-type signs). The first and second readings were approved for the rezoning of 3205 West 25th Street (former 25th Street Elementary School) from B-3 back to R-2 for a new Anderson Preparatory Academy. BY: ______________________________ Jesse Wilkerson, President ATTEST: ___________________________ Amber Lewis, Board Secretary 8