Plan Commission

PLAN COMMISSION MINUTES June 24, 2008 MEMBERS PRESENT: seconded the motion. Motion passed, 7 yes, 0 no. Mr. Rayford and Mr. Lamey both were not Jesse Wilkerson, President present yet. Deborah Nelson, Vice-President Greg Spencer, Member BUSINESS: Gene Yates, Member Joseph Newman, Member PETITION #24-08 SUBMITTED BY Darin Foltz, Member TRILOGY HEALTH SERVICES, LLC FOR A SECONDARY PLAT FOR A MEMBERS ABSENT: SUBDIVISION TO BE KNOWN AS BETHANY POINTE MEMORY CARE AND Willie Rayford, Member VILLA ADDITION LOCATED IN THE Mark Lamey, Member 1700 THROUGH 2100 BLOCKS OF Michael Spyers, Member BETHANY ROAD ON THE SOUTH SIDE AND 1700 THROUGH 1900 BLOCKS OF OTHERS PRESENT: EAST CROSS STREET ON THE NORTH SIDE (FORMERLY BOCA REAL GOLF Michael Widing, Development Director COURSE). Tim Stires, Assistant Development Director Dave Wilbur, Senior Zoning Administrator Mr. Stires stated Trilogy Health Services, Stephanie George, Temp Board Secretary; and LLC still needs to file for their sidewalk William C. Kreegar, Assistant City Attorney variance, which will need to go before the Board of Zoning Appeals before the secondary ROLL CALL AND DECLARATION OF A plat can be acted on by this Commission. He QUORUM: stated this is their first continuance. Mr. Wilkerson called the meeting to order at PETITION #25-08 SUBMITTED BY 4:36 p.m. Ms. George took roll call and VIPUL MODI AND M3 HOTELS, LLC declared a quorum with six (6) members in FOR A SECONDARY PLAT FOR A attendance. SUBDIVISION TO BE KNOWN AS M3 HOTELS ADDITION LOCATED AT 5920 Mr. Yates arrived after roll call at 4:37 p.m. to SOUTH SCATTERFIELD ROAD AND make seven (7) members present. THE 2000 THROUGH 2100 BLOCKS OF EAST 59TH STREET ON THE SOUTH Mr. Rayford arrived after roll call at 4:38 p.m. SIDE (CLARION INN, FORMERLY THE to make eight (8) members present. HOLIDAY INN). Mr. Lamey arrived after roll call at 4:40 p.m. Mr. Stires stated Vipul Modi and M3 Hotels to make nine (9) members present. are seeking final plat approval for a two lot plat to be known as M3 Hotels Addition. He Mr. Wilkerson performed the invocation and stated this is the site of the Clarion Inn, which the Pledge of Allegiance was recited. is the former Holiday Inn. MINUTES: Mr. Stires stated they are requesting a continuance due to the fact they have a Mrs. Nelson motion to approve the May 27, sidewalk variance that is pending and will be 2008 minutes as submitted. Mr. Spyers acted on at the July 2, 2008 Board of Zoning 1 Appeals meeting. He stated this is their first Mr. Stires stated the plat is to be known as continuance. Gateway Commons and contains 59.5 acres. He stated property was annexed into the City PETITION #26-08 SUBMITTED BY limits on July 20, 1998 and is zoned B-4 GLENN WILSON AND NICHOL AVENUE, (Community Shopping Center). LLC FOR A PRIMARY PLAT FOR A SUBDIVISION TO BE KNOWN AS Mr. Stires stated the petitioner intends to VICTORY COMMONS LOCATED IN THE develop the 11-lot subdivision into a combined 2700 THROUGH 2800 BLOCKS OF retail, commercial, and business park. He NICHOL AVENUE AND THE 1400 stated all utilities are available to the site, but THROUGH 1600 BLOCKS OF how they will be brought to the development BRENTWOOD DRIVE ON THE WEST is still under review. SIDE (FORMERLY K-MART WEST AND PAYLESS SUPERMARKET). Mr. Stires stated the submitted primary plat shows a 60 ft. building setback line for all the Mr. Stires stated the petition is submitted by lots as they front Dr. Martin Luther King, Jr. Glenn Wilson and Nichol Avenue, LLC for a Boulevard. He stated a 30 ft. building setback primary plat approval for a two-lot line is shown along Lot #10 as it fronts subdivision to be known as Victory Commons, Interstate 69 and along Lots #1 through #9 as which is the former K-Mart West and Payless they front Commons Drive. Supermarket off Nichol Avenue. He stated the problem with the petition is that there are Mr. Stires stated there is a 15 ft. drainage, eight platted lots in the new primary plat that utility and communication easement around they have filed. The petitioner needs to file an the perimeter of the plat and along the appropriate petition to vacate the eight property lines between the lots. He stated a platted lots first. At this time, Mr. Stires 20 ft. drainage, utility and communication stated that has not been done. He stated this easement is noted along the south side of Lot is their first continuance. #1, the north side of Lot #2 and the west side of Lots #2 through #6. Mr. Newman moved to continue Petition #24- 08, Petition #25-08 and Petition #26-08 until Mr. Stires stated the plat shows Common the next Plan Commission meeting. Mr. Areas “A” through “G” with irregular shaped Spyers seconded. Motion passed, 9 yes and 0 drainage, utility and communication no. easements. PETITION #22-08 SUBMITTED BY THE Mr. Stires stated there is a 60 ft. wide TOWER ANDERSON II AND TOWER recorded gas line easement and drainage, INVESTMENTS, LLC FOR A PRIMARY utility and communication easement is noted PLAT FOR A SUBDIVISION TO BE slicing through Lots #7, #10 and #11. He KNOWN AS GATEWAY COMMONS stated a 70 ft. wide drainage easement is LOCATED IN THE 7700 THROUGH 8200 shown straddling the property lines between BLOCKS OF DR. MARTIN LUTHER Lots #3 and #4, #8 and #9 and #10 and #11. KING, JR. BOULEVARD ON THE WEST SIDE (ACROSS FROM IMI PLANT). Mr. Stires stated the plat shows the interior horseshoe-shaped access road off the west side Mr. Stires stated Petition #22-08 submitted by of Dr. Martin Luther King, Jr. Boulevard Tower Anderson II and Tower Investments, known as Gateway Boulevard will have a LLC is requesting primary plat approval for boulevard entrance and an 80 ft. right-of-way. an eleven-lot subdivision located west of the He stated the roadway has a dead end at the IMI Plant. The proposed eleven lots north end, which will serve as a future cross subdivision contains six (6) Common Areas or access to the property to the north. ponds. 2 Mr. Stires stated the primary plat was stated they wanted to be on record that they reviewed by the Plan Review Committee on will need cross access through their property. Tuesday, June 10, 2008. He stated minor The current access is directly next to Indiana revisions were suggested and those revisions 67. He stated it looks like Tower Investment have been completed. has proposed to move that back away from the highway a little bit which would actually be Mr. Stires stated staff is recommending good. He stated they have no problem with approval of the primary plat in Gateway that as long as they are not denied access to it. Commons as it meets the requirements of the Subdivision Control Ordinance. He stated, if Mr. Paugh stated he has concerns about the approved, the primary plat should not be drainage and if utilities are brought out there forwarded to any other governmental unit. that they are granted access to them. Kurt Mathewson, Caldwell Banker, stated his Mr. Spyers asked what is the width of the client intends to build a high quality multiple easement ditch and sewer? Jamie Ford, use facility with office, medical and retail in a Snyder Engineering, stated Common Area “F” commercial business park. is a drainage utility and communication easement which provides access for the Dick Donnelly, 1615 Broadway, stated he is portion of the ABBA property that drains in working with the property owners to the that direction. north. He stated they feel this would be a great development for the area, but wanted to Mr. Mathewson stated they would commit to go on record with a few minor concerns. He give Mr. Paugh cross access. He stated as to stated that if the water and sewer were the utilities, if the City of Anderson provides extended under the interstate, his clients them, then they would be public utilities and would like to have access. would be entitled to them, but if they are private utilities then they would be asked to Mr. Donnelly stated their second concern is pay a portion of that. that ABBA, which is the property he is representing and contains approximately 15 Mr. Spyers moved to approve the primary plat acres, is landlocked due to its border by the in Gateway Commons as it meets the interstate which has limited access and the requirements of the Subdivision Control property is bordered on the east by Dr. Martin Ordinance. This is not to be forwarded to any Luther King, Jr. Boulevard which has limited other governmental unit. Mrs. Nelson access. He stated the only access point to seconded. Motion passed unanimously, eight their property is through the property owned yes, 0 no and 1 abstention. by Tower Investments. PETITION #323-08 (ORDINANCE #29-08) Mr. Donnelly stated according to their deed, SUBMITTED BY THE TOWER they have a recorded access that is parallel ANDERSON II AND TOWER with the highway which is not shown on the INVESTMENTS, LLC FOR A ZONE MAP primary plat. He stated where the Tower CHANGE FROM B-4 TO B-1 LOCATED Investments’ layout of the road is a better 900 FT. WEST OF THE 7700 THROUGH access for the ABBA property, but no one has 8000 BLOCKS OF DR. MARTIN LUTHER contacted them concerning the access into KING, JR. BOULEVARD (EXTENDED) their property. ON THE WESWT SIDE AS IT BORDERS INTERSTATE 69 (ACROSS FROM THE John Paugh, 4020 West 73rd Street, owner of IMI PLANT). Carter Express and Dukes Truck Center, stated he is the primary shareholder of the Mr. Stires stated Petition #23-08 (Ordinance property in question. He stated he is not #29-08) submitted by Tower Anderson II and opposed to this development, but feels it Tower Investments, LLC seeks a zone map would be a good addition to the area. He change from B-4 to B-1 and contains 21.13 3 acres. He stated the petitioner is interested in offices, that has a campus-like setting and building a medical facility on the 21 acres, but convenient connectivity between the the B-4 zoning does not allow a medical businesses located there. facility to be built. Mr. Stires stated the petitioner’s intent is to Mr. Stires stated the B-4 zone class is create a business park-like setting, but there designed to meet the need for retail shopping will also be a sizeable amount of retail and facilities in planned shopping centers. He commercial developments which would tend to stated a special exception is required in a B-4 place this proposed rezoning in conflict with zone district. The B-1 zone class is designed the City’s Comprehensive Plan. He stated to provide for service and retail uses in order staff would remind Commission members the to accommodate the primary shopping and Comprehensive Plan is a guide for future service needs of the locality, and also allows development, but is always subject to change for residences. B-1 also allows for a medical as potential development occurs. facility (hospital, clinic, medical center) with special exception approval from the Board of Mr. Stires stated staff notes it is the Zoning Appeals. responsibility of the petitioner to demonstrate that the character of the property in question Mr. Stires stated staff would note the property has changed and the highest and best use of is bounded on the north by Interstate 69 and a this land is to rezone this property to B-1 railroad. Further north is the Flagship and Local Business. Flagship West, both zoned I-3 Industrial Reserved. He stated directly east is vacant Mr. Stires stated staff is recommending ground adjacent to or abutting the I-69 Exit approval of the proposed B-4 to B-1 zone map #22 ramp which is zoned B-4 which is being change, because the affected property is platted for a business park. adjoining or abutting property on two sides already zoned B-4, a retail or commercial zone Mr. Stires stated the property further to the class. He stated the staff notes the south in Pendleton is zoned TF (two family). petitioner’s potential business use (medical Directly west is a railroad and Madison facility) will draw or bring traffic to the area, County property zoned AG agriculture. which will attract other new businesses to the park. Mr. Stires stated the staff would reiterate the petitioner intends to have a medical facility built on the vacant property. The present B-4 Mr. Widing stated because this is going to be zoning will not allow for a medical facility. an office development with a medical complex, he would like to ask the Commission if they Mr. Stires stated the rezoning of the vacant approve, to require a billboard exemption on lot to B-1 will accommodate the medical the B-1. He stated B-4 does not allow facility. He stated the staff would note while billboards but a B-1 does. the vacant lot does not abut or adjoin property zoned B-1, it does abut or adjoin property on Mr. Spencer stated this property abuts two sides zoned B-4 Community Shopping Pendleton land and in their thought process, Center, which also requires special exception how much weight do they need to give to those approval. He stated that while building a zone classes. Mr. Kreegar stated they do not medical facility is the petitioner’s proposed need to give them any consideration. intent, they cannot be required, or locked into opening a medical facility on the property. Mr. Spyers stated there currently is a sign easement on the property, is there currently a Mr. Stires stated the City’s Comprehensive sign on the property? Dick Donnelly, 1615 Plan classifies this property as a Business Broadway, stated there is no billboard on the Park, which is defined as a location for major property. area employers, with a focus on professional 4 Mr. Spyers stated there is a sign easement on Approved 1st and 2nd readings for a rezoning the property. The City obtained the sign from R-2 and I-3 to B-1 for 5924 Columbus easement a couple years ago. Avenue on the east side and the 1300 block of East 60th Street on the north side. Mr. Mathewson stated he does not have an objection to not putting up a billboard, but Approved 1st and 2nd readings of a rezoning would like a project sign along the interstate. from R-2 to R-3 located at 1415 Fountain Mr. Widing stated that would not be a Street. problem, but the City does not want a billboard. Mr. Spencer move to approve Petition #23-08 (Ordinance #29-08) only if there is an agreed covenant that no billboards be allowed due to the proposed rezoning. The rezoning would be ADJOURMENT conserving the property values throughout the neighboring districts because most of the Mr. Wilkerson adjourned meeting at 5:09 p.m. neighboring districts are zoned business or industrial, and development will increase business activity in the area. The proposed BY: ______________________________ rezoning would be considered responsible Jesse Wilkerson, President development and growth because it allows for business development and brings jobs and ATTEST: ___________________________ services to the community. The proposed Stephanie George, Acting Board rezoning would be the most desirable use for Secretary the land because the area for development will bring economic growth, job creation to the community and it will utilize non-developed land. The proposed rezoning would not affect the current conditions and the character of the existing structures in the area and the surrounding districts because the surrounding areas are business or industrial zone classes already. The proposed rezoning is not compatible with the Comprehensive Plan, but it is responsible rezoning and the best use of the land. The proposed rezoning does establish a desirable precedent in the area and public utilities are available to support the proposed rezoning. Mr. Spyers seconded. Motion passed unanimously, 8 yes, 0 no and 1 abstention. CITY COUNCIL UPDATE The Plan Commission had three items in front of the City Council at the June meeting. Approved 3rd reading of a rezoning from B-3 to R-2 for 3205 West 25th Street (formerly 25th Street School) 5