Plan Commission

PLAN COMMISSION MINUTES September 23, 2008 MEMBERS PRESENT: PETITION #25-08 SUBMITTED BY VIPUL MODI AND M3 HOTELS, LLC Deborah Nelson, Vice-President FOR A SECONDARY PLAT FOR A Greg Spencer, Member SUBDIVISION TO BE KNOWN AS M3 Gene Yates, Member HOTELS ADDITION LOCATED AT 5920 Willie Rayford, Member SOUTH SCATTERFIELD ROAD AND Darin Foltz, Member THE 2000 THROUGH 2100 BLOCKS OF Joseph Newman, Member EAST 59TH STREET ON THE SOUTH Michael Spyers, Member SIDE (CLARION INN, FORMERLY THE HOLIDAY INN). (CONTINUED 6-24-08, MEMBERS ABSENT: 7-22-08, AND 8-26-08) Jesse Wilkerson, President Mr. Stires stated Petition #25-08 was Mark Lamey, Member submitted by Vipul Modi and M3 Hotels, LLC for a secondary plat to be known as M3 Hotels OTHERS PRESENT: Addition. This the Clarion Inn located at East 59th Street and South Scatterfield Road. Michael Widing, Development Director We do have an agreement on the sidewalks for Tim Stires, Assistant Development Director the Clarion Inn. Again, we still do not have Dave Wilbur, Senior Zoning Administrator the covenant for the sidewalks that are to be Stephanie George, Temp Board Secretary; and located along the north side of the proposed William Kreegar, Assistant City Attorney plat that would be constructed within two (2) years. The covenant is a two year agreement ROLL CALL AND DECLARATION OF A that the sidewalks will be installed. Since we QUORUM: still do not have the covenant we are asking for a fourth continuance in order for Mr. Modi Mrs. Nelson called the meeting to order at to get the covenant submitted. 4:37 p.m. Ms. George took roll call and declared a quorum with seven (7) members in PETITION #34-08 SUBMITTED BY GLEN attendance. WILSON AND NICHOL AVENUE, LLC FOR A SECONDARY PLAT FOR A Mr. Lamey arrived after roll call at 5:10 pm to SUBDIVISON SUBDIVISION TO BE make eight (8) members in attendance. KNOWN AS CELEBRATION LOCATED IN THE 2700 THROUGH 2800 BLOCKS Mrs. Nelson performed the invocation and the OF NICHOL AVENUE ON THE SOUTH Pledge of Allegiance was recited. SIDE AND THE 1400 THROUGH 1600 BLOCKS OF BRENTWOOD DRIVE ON MINUTES: THE WEST SIDE (FORMERLY K-MART WEST AND PAYLESS SUPERMARKET). Mr. Spyers made a motion to approve the August 26, 2008 minutes as submitted. Mr. Mr. Stires stated Petition #34-08 was Rayford seconded. Motion passed, 7 yes, 0 no. submitted by Glen Wilson and Nichol Avenue, Mr. Lamey was not present yet. LLC for a secondary plat for a two-lot plat to be known as Celebration Station. This is BUSINESS: located at the former K-Mart West and Payless shopping center. The petitioner failed to get approval of the sidewalk variance 1 because they did not advertise it properly, but be taken if they fail to appear or fail to provide is on the October agenda for the Board of the documents they haven’t so far. Zoning Appeals. This secondary plat must be continued until the next meeting. This is the Mr. Foltz stated the board should not pick and first continuance for this petition. choose who they send letters too, but that there should be some standard that the board PETITION #24-08 SUBMITTED BY goes by. TRILOGY HEALTH SERVICES, LLC FOR A SECONDARY PLAT FOR A Mr. Widing stated he feels that would be SUBDIVISION TO BE KNOWN AS appropriate in this situation as Mr. Stires has BETHANY POINTE MEMORY CARE AND pointed out that this is the fourth VILLA ADDITION LOCATED IN THE continuance. He stated Mr. Modi should be 1700 THROUGH 2100 BLOCKS OF asked to re-appear before this body or his BETHANY ROAD ON THE SOUTH SIDE petition will be subject to dismissal. AND 1700 THROUGH 1900 BLOCKS OF EAST CROSS STREET ON THE NORTH Mr. Foltz stated at this time he would move SIDE (FORMERLY BOCA REAL GOLD that a letter be sent to Mr. Modi. COURSE). (CONTINUED 6-24-08,M 7-22- 08 AND 8-26-08). Mr. Widing stated the board should make his continuance subject to that. Mr. Stires stated Petition #24-08 was submitted by Trilogy Health Services, LLC Mr. Foltz stated he make a motion in that and Steven A. Van Camp for a secondary plat regard concerning Petition #25-08. Mr. for a subdivision to be known as Bethany Rayford seconded. Motion passed, 7 yes, 0 no. Pointe Memory Care and Villa Addition. The petitioners have received partial variance Mr. Foltz stated for the record and Mr. approval from the Board of Zoning Appeals. Widing, he feels we may want to look into They are still required to put in sidewalks getting some type of written policy regarding along East Cross Street and in order for that that. Mr. Widing stated as the board knows, to happen we are asking them to submit a we are currently working on our policies, covenant guaranteeing that the sidewalks will zoning ordinances and Subdivision Control be put in. We still do not have that covenant Ordinance and we are reviewing those in our office. In order for the petition to move policies. forward, the covenant needs to be in placed. The petition must be continued until that is in Mr. Spyers made a motion to continue Petition placed. This is the fourth continuance for this #34-08. Mr. Yates seconded. petition. Mr. Spyers stated that he would ask that Mr. Foltz asked how may continuances do we Petition #24-08 also be sent a letter since this generally allow? He stated he has noticed is their fourth continuance also. that Petition #25-08 has had numerous continuances and at what point do we require Mr. Spyers made a motion to continue Petition they start the process over again. Mr. #34-08 and Petition #24-08 with a letter to the Kreegar stated there is no specific numbers petitioners. Mr. Yates seconded. Motion stated in our rules of procedures, however, if passed, 7 yes, 0 no. this body determines the petitioners have had a sufficient number of continuances, you can PETITION #29-08 (ORDINANCE #30-08) request the department to send a letter to the SUBMITTED BY TIMOTHY WHITE AND petitioner that if they do not have their VICTORIA TAYLOR FOR A ZONE MAP documents in order by the next meeting then CHANGE FROM R-3 TO I-1 LOCATED IN their petition is subject to dismal and that THE 2300 BLOCK OF FORKNER would be appropriate. But the petitioner does STREET ON THE WEST SIDE. need to be sent a letter saying that action will 2 Mr. Stires stated Petition #29-08 was Stop Restaurant and Bar. Directly west, submitted by Timothy White and Victoria L. northwest, south and southwest is property Taylor located in the 2300 block of Forkner zoned I-1 Light Industrial and is vacant. Street on the west side. The petition was before you last month and the petitioner did Mr. Stires stated the petitioner has indicated fail to legally advertise the zone map change his intention, if approved for rezoning, is to in a timely manner and had to be continued. build a pole barn structure to house his The petitioner has since completed the trucking business. Staff would reiterate advertising requirement; therefore, this Commission members must remain focused on matter is ready to be reviewed. how the proposed rezoning would fit in with the surrounding zonings. Also, staff would Mr. Stires stated again this property is located note that it is the petitioner’s responsibility to in the 2300 block of Forkner Street on the demonstrate the character of this property has west side. The property is presently zoned changed and the highest and best use for this R-3 Residential and the petitioners are property would be to rezone it from R-3 to I-1. requesting the property to be rezoned from R-3 to I-1 Light Industrial. The last three Mr. Stires stated the City’s Comprehensive years the petitioner, Mr. White, has been Plan classifies this property as Traditional operating a trucking and hauling facility from Residential. This proposed rezoning is in this property. conflict with the City’s Comprehensive Plan. The City’ Comprehensive Plan is a guide for Mr. Stires stated Mr. White originally filed future development, but is always subject to back in December 2005 asking this property to change as potential development occurs. be rezoned. Mr. Stires explained due to some issues that the Plan Commission brought up Mr. Stires stated staff is recommending to him regarding his proposed rezoning approval of the proposed zone map change, including; placement of the fence (setback), because the affected property is abutting I-1 adding fencing to the rear, painting the fence zoned property and is across the street from one color, adding landscaping to the front of B-1 zoned property (The Pit Stop) and a lawful the fence and parking (hard surfacing) after a non-conforming use business (Early’s Auto two month review period Mr. White decided to Body). Staff does not believe the petitioner’s withdraw his petition with the understanding business will generate any more traffic than is that he could refile. Over the last three years, already in the general neighborhood. Mr. White has been working on this piece of property and has completed the issues that Mr. Stires stated the petitioners are not were stated. present and the board might want to continue the petition until the next meeting. Mr. Stires stated this was refiled in a timely fashion. The petitioner is requesting a zone Mr. Newman made a motion to continue map change from R-3 Residential to I-1 Light Petition #29-08 to the next meeting and send Industrial. Permitted uses in an I-1 zone a letter to petitioner to appear at the next class, including storage of material and meeting or the petition is subject to being equipment, are required to be confined to a dismissed. Mr. Rayford seconded. building. The I-1 zone class does allow residential and businesses uses. Mr. Spencer asked if they show up later tonight, can we still address it or does it have Mr. Stires stated this proposed rezoning is to be heard at the next meeting? Should we surrounded on the north, northeast, east and not allow them the opportunity to be heard if southeast by property zoned R-3 Residential they show up later tonight? Mr. Widing which are occupied by single-family homes stated you have a motion on the floor. and a lawful non-conforming use (Early’s Auto Body). The property to the southeast is zoned B-1 Local Business and is occupied by the Pit 3 Mr. Kreegar stated Mr. Newman would have a subdivision to be known as Eagle Park. to withdraw his motion before that could be Property consist of 174.4 acres. entertained. Mr. Stires stated the property is located in the Mr. Newman stated he can withdraw the 6900 through 7900 blocks of South motion, then if they aren’t here, he will bring Scatterfield Road, the 2500 to 2700 blocks of it back up for a continuance. East 67th Street on the south side, the 2400 through 2700 blocks of County Road 500 Mr. Widing stated it is up to the board if they South on the north side and the 6900 through want to hold off till later in the meeting, since 7200 blocks of County Road 100 East on the there are people here to speak on the petition. east side. The lots in this industrial park will range in size from eight (8) acres to 46.7 acres. Mr. Foltz stated he didn’t know if it is fair to ask these folks who have been here a couple of Mr. Stires stated the amended primary plat times to sit here for two hours only for the shows 45 ft. and 75 ft. front building setback petitioners not to show up at the end of lines for the lots depending on whether they meeting. are fronting a major roadway. All utilities are available to the site. There is a 15 ft. Mr. Widing asked if it would be appropriate to drainage, utility and communication easement take their testimony at this time. Mr. Kreegar around the perimeter of each lot, except stated you would not want to proceed. between Lot #1 and Lot #3 which has a 35 ft. drainage, utility and communication Mr. Widing stated the decision at this point is easement. The plat shows “limited access” to either to table the petition to later in the the lots fronting South Scatterfield Road. meeting or continue it to the next meeting. Mr. Stires stated one of the main concerns at Mrs. Nelson stated she is in favor of the meeting last month was the proposed continuing the petition to the next meeting. intersection. Staff has had follow-up discussions with the Indiana Department of Mr. Foltz made a motion to continue Petition Transportation (INDOT) and Dewayne Myers, #29-08 (Ordinance #30-08) until the next from the Greenfield Office in regards to the meeting. Mr. Spyers seconded. Motion proposed intersection located at Liberty Lane passed, 7 yes, 0 no. and South Scatterfield Road. INDOT officials indicated an intersection will not be allowed, PETITION #30-08 SUBMITTED BY unless a major project such as an industrial DENNIS COOPER AND COOPER plant with several hundred workers should FAMILY, LLC FOR AN AMENDED locate nearby. PRIMARY PLAT FOR A SUBDIVISION TO BE KNOWN AS EAGLE PARK Mrs. Nelson asked what his reasons are for LOCATED IN THE 6900 THROUGH 7900 saying they would not approve it? Mr. Stires BLOCKS OF SOUTH SCATTERFIELD stated he thought it was the way they ROAD, THE 2500 TO 2700 BLOCKS OF designed State Road 9, the City Engineer EAST 67TH STREET ON THE SOUTH might know better reasons. Mr. Spyers stated SIDE, THE 2400 TO 2700 BLOCKS OF it is currently a limited access. The State COUNTY ROAD 500 SOUTH ON THE would have to be approached to break that NORTH SIDE AND THE 6900 THROUGH limited access. 7200 BLOCKS OF COUNTY ROAD 100 EAST ON THE EAST SIDE (CONTINUED Mr. Stires stated staff is recommending 8-26-08), approval of this amended primary plat as it meets the requirements of the Subdivision Mr. Stires stated Petition #30-08 was Control Ordinance. If the primary plat is submitted by Dennis Cooper and Cooper approved, it should not be forwarded to any Family, LLC for an amended primary plat for other governmental unit. 4  2600 ft. away from the four-way stop and is on Mr. Neman asked if the petition passes this a curve. She stated this is not a necessary evening, who pays to redo the intersection? intersection. She stated Eagle Park could Mr. Steve Servies, Rayl Engineering, stated have been designed without an intersection on this petition doesn’t finalize anything. This is State Road 109, which undermines the limited a primary plat and nothing is fixed. Anything access, no cut provision of the state highway. can come back in front of this Commission She stated she would also like to have it again and be amended and moved if explained to her in the staff report it says necessary. What we are doing is showing amended primary plat is not to be forwarded Road 400 which is in the City throughfare to any other governmental unit. plan at this time. It was shown on the previous primary plat that was approved. We Mrs. Nelson stated that this is the last place are showing large lots on here, so we have that it goes for now. Mr. Kreegar stated this flexibility for anyone who wants to come to is merely the first stage in the platting town, and show the size of the lot they need, process. The next stage is the secondary plat then we could come in here and resize if they and if this body approves it then it goes to the were needing smaller. The roads could also be Board of Public Works. Mrs. Nelson added amended and moved based on what’s coming the Board of Public Works also has to vote and in there at the same time. Road 450 might approve it, and if they approve it then it’s never happen, it would take a pretty big recorded in the Recorder’s Office of Madison project to get the State to allow that right-of- County. That is the procedure. The primary way to be broken, but it is possible that could plat will sit until they make a final plat for happen and that is why it is shown on the this project. plat. Mrs. Burmeister stated she is submitting to Mrs. Nelson stated if we approve this, it just the Commission a five-page petition that means the process can go forward, but before includes over 70+ signatures that object to anything else happens or anyone comes there, this new intersection and the proposed County they will have to come back before this Road 450 South / Liberty Lane Road. This is Commission. Mr. Servies stated that is to show the people who use this road (State correct. It would have to come back for a final Road 9 / Scatterfield Road) disagree with this plat. proposal. Mrs. Nelson stated she just wanted Mrs. Nelson asked Mrs. Burmeister if she clarification for everyone that this is understood the primary plat process. Mrs. necessary in order to attract business. Mr. Nelson added that it goes no farther if they Servies stated yes. Mrs. Nelson stated then vote to approve tonight, it stops there until once a business decides it wants to go there something happens. Mrs. Burmeister stated then it would have to come back in front of the that she does not understand what the next Commission and changes could be made at step is. that time. Mr. Servies stated yes. Mr. Widing stated the primary plat is just a Faith Burmeister, 4942 South 100 East, formalization of the preliminary step. It stated she is the secretary for the Adams allows the developer to market the property Township Advisory Board. She stated she is and move on from there. They cannot build there to object to the intersection that is anything at this point. shown on the primary plat. She is present to speak on behalf of the Adams Township Mrs. Burmeister stated if they have a residents and those of southeast Madison proposed business that is interested in one of County. She stated the new intersection the lots, where do they stand in the process for shown on the map has not be approved by that business? Mr. Widing stated they have to INDOT, nor do they intend to approve it or come back in before the Board of Zoning fund it. She stated the intersection is only Appeals for a special exception and they have 5 to come back in for a secondary plat. Mrs. Burmeister asked if they would be notified in Mr. Spyers made a motion to approve Petition the newspaper? Mr. Widing stated yes for #30-08 for the amended primary plat for Eagle those property owners within 300 ft. Mrs. Park Subdivision. This amended plat is not to Burmeister asked by mail? Mr. Widing stated forwarded to any other governmental unit. correct. Mr. Spencer seconded. Motion passed, 7 yes, 0 no. Mr. Widing stated the intersection would not go any further until the marketing has landed PETITION #32-08 (ORDINANCE #41-08) some significant development and that has SUBMITTED BY C.J. BOOTS CASKET been worked out with a higher level of COMPANY AND ROGER L. AND C. government in Indianapolis and there’s an MICHELLE HOPPES FOR A ZONE MAP agreement down there that makes sense to CHANGE FROM R-2 TO I-2 LOCATED AT everybody. Mrs. Burmeister stated her main 405 EAST 38TH STREET. concern was that she wanted to let the board know of their objection to the intersection. Mr. Stires stated Petition #32-08 was submitted by C.J. Boots Casket Company and Jim Stinson, County Road 500 South, stated if Roger and Michelle Hoppes. This proposed you open this limited access up which the petition is seeking a zone map change from State told him that is this would never happen R-2 to I-2. and that is for everybody. Is that correct? Mrs. Nelson stated she did not understand his Mr. Stires stated the property is located at question. Mr. Stinson stated if they do this 405 East 38th Street and is currently zoned limited access, if you allow that to happen, R-2 for single-family homes only. The that means that’s for everybody for that petitioner is proposing to rezone this to I-2. intersection. This rezoning is for the express purpose of eventually expanding the Boots Casket Mr. Yates stated he thinks Mr. Stinson is business. The R-2 allows for single-family asking whether that is public access for homes only. The I-2 allows for industrial uses everyone. Mr. Stinson stated yes. Mr. Spyers and expansions of those industrial uses. stated INDOT would have to approve accessing the access. Mr. Stires stated the property is bounded on the north by East 38th Street and residences Mr. Kreegar stated the Plan Commission does zoned R-2. The properties to the west, south not override INDOT. INDOT would still have and southwest are occupied by residences or a to approve that. The intersection would not church, all zoned R-2. Southeast is the be constructed without INDOT approval. existing CJ Boots Casket Company which carries a zone class of I-2 Industrial. Grace Markle, 1083 East County Road 500 South, stated she was shown that some of Mr. Stires stated the comprehensive plan them got a certified letter and wondered why classifies this property as medium density she did not get a certified letter? Mr. Widing residential; therefore, it is in conflict with the stated she lives more than 300 ft. from the City’s Comprehensive Plan. Staff would note proposed primary plat. even though it is in conflict with the master plan there was also that chance that new Jerry Carpenter, 1839 East County Road 500 development comes along, so the South, stated his concern with the proposed comprehensive plan is subject to change at plat with this interchange shown on the map anytime. is that Cooper will take it out and show possibly future businesses that there is a Mr. Stires stated staff would note it is the proposed interchange there. He stated he responsibility of the petitioner to demonstrate feels it should be taken out until such time the the character of the property in question has State approves it. changed and the highest and best use of the 6 land is to rezone this property to I-2 Mrs. Nelson asked Mr. Ware if he has already Industrial. had problems with the noise? Mr. Ware stated the only thing is when they come dump Mr. Stires stated staff is recommending the trash at night. He was just wondering approval of the proposed zone map change with the molds and presses, if there was going from R-2 to I-2 because the affected property to be noise at night. Mr. Boot’s stated is abutting I-2 zoned property. production has two shifts. They use to have a third shift but it was not efficient and they try Chris Boots, C.J. Boots Casket Company, to close everything down for a third shift stated he would answer any questions the because they realize they are in a residential board might have of him. area. Mrs. Nelson asked if the plans were definite to Mr. Spencer made a motion to approve expand. Mr. Boots stated they are in hopes of Petition #32-08 (Ordinance #41-08) for a zone doing so, and they are currently doing some map change from an R-2 to I-2 based on the research and development of a new product following finding of facts. The proposed line that would be the first to be used in a rezoning would be conserving the property casket line. He stated he hopes this will bring values throughout the neighboring districts several more jobs to the City. because this property already abuts an existing industrial zone site. The proposed Mr. Spyers asked if they plan to add any jobs rezoning would be considered responsible and how many jobs do you currently offer? development and growth because it will allow Mr. Boots stated that is hard to answer since for expansion of an existing business and they are currently still in the research and potentially bring more jobs and development development stage. The reason they are to the community. The proposed rezoning acting now is that the property became would be the most desirable use for the land available but it is possible that it could be as because it will allow expansion for an existing many as twenty more jobs in the first phase. business and bring needed jobs to our community. The proposed rezoning would not Don Ware, 311 East 38th Street, stated he affect the current conditions and the character lives two houses down from C.J. Boots and he of the existing structures in the area and the is not for or against the expansion. His only surrounding districts, because this property is concern is noise and fumes from the new line already in the vicinity of existing businesses and possibly any type of drainage. He stated and industrial areas. The proposed rezoning currently 38th Street has a drainage problem is not compatible with the Comprehensive when we receive a lot of rain. He was wanting Plan, but the Comprehensive Plan allows for to know if there was going to be a plan new development. The proposed rezoning regarding the drainage and if a fence was does establish a desirable precedent in the going to be put up. Mr. Boots stated as far as area and public utilities are available to noise goes, there would not be any because it’s support the proposed rezoning. Mr. Spyers a very quiet manufacturing process and as far seconded. Motion passed, 8 yes, 0 no as drainage goes, there are standards the City has as far as regulations that we have to PETITION #33-08 (ORDINANCE #42-08) follow. There is only a certain percentage of SUBMITTED BY AMY D. GORDON FOR area that has to be so much green space and A ZONE MAP CHANGE FROM R-2 TO R-3 they intend to abide by them. Mr. Widing LOCATED AT 3216 SHERMAN COURT. stated there are buffering requirements and drainage requirements. Mr. Stires stated Petition #33-08 submitted by Amy Gordon for a zone map change from R-2 Mr. Spyers asked if that would have to come to R-3. This property is located in the 3200 before the Board of Zoning Appeals? Mr. block of Sherman Court on the east side. Widing stated no. 7 Mr. Stires stated the property contains .22 of estate located at 3216 Sherman Court. He an acre and is currently zoned R-2. He stated stated the purpose of the requested change is the rest of the neighborhood is zone R-2. He solely for the purposes of permitting Ms. stated the R-3 zoning allows for single-family Gordon to provide childcare services. Ms. homes or duplexes. Gordon started providing childcare services at this location in January 2007. When the Mr. Stires stated staff became involved during childcare needs grew to plus 5 children, Ms. the summer when during a routine inspection Gordon timely applied for a State license in they noticed a sign out front advertising a May 2007. After satisfying State daycare facility operating from a residence. A requirements, Ms. Gordon was granted state letter was sent to the owner notifying her that licensure. Until 2008, Ms. Gordon was not a daycare facility is not allowed to operate in aware that our zoning ordinance required an R-2 area. A daycare facility is allowed to local approvals in addition to the State license only operate on property zoned R-3, R-4, B-1, that she had already obtained. Ms. Gordon B-2, B-3 and I-1. thought the State would have informed her of any additional requirements. Once this fact Mr. Stires stated the petitioner, after being was made known to Ms. Gordon by Mr. Stires, notified by staff that her daycare was being she immediately retained him (Mr. Hardacre) operated on property not properly zoned for a and promptly applied for a request to rezone. daycare, filed the appropriate documentation For the past eighteen (18) months since Ms. to attempt to rezone the property to an R-3 Gordon has been running her daycare, she has zone class. Staff has allowed the petitioner to constantly been in contact with her neighbors continue to operate the daycare facility on the to seek their input over her use of the affected property because of her prompt property. Over the eighteen (18) months of response to the Staff’s notification and to her operation, Ms. Gordon has never received avoid a disruption in daycare service to any complaints about her childcare service or several families. any negative affect on her neighborhood. Mr. Stires stated the City’s Comprehensive Mr. Hardacre stated that the reason they are Plan classifies this affected property as here before the board is not because of a Traditional Residential. Obviously, if complaint, but because of a routine inspection. petitioner is going to operate a daycare facility Ms. Gordon did have a small sign out that that it would be in conflict with the City’s advertised her childcare that was seen by the Comprehensive Plan. Staff would note the Planning Department and they are here Comprehensive Plan is always subject to because of that. The fact that there has been change as new development does occur in our no complaints speaks volumes concerning neighborhoods. whether the neighborhood would be adversely affected if this petition would be granted. Mr. Stires stated it is the responsibility of the They are now aware this evening that there petitioner to demonstrate the character of the was a petition filed with several names on property in question has changed and the that petition seeking to remonstrate against highest and best use of this land is to rezone it the zoning request. He stated none of these to R-3 Residential. people in the last nineteen (19) months have made any complaints to City Planning or Mr. Stires stated staff is recommending anybody with the City of Anderson. We all approval of the proposed zone map change, have been in the zoning process, we all know from R-2 to R-3 because the affected property that when we send out formal notices to is adjoining or abutting other residential people within 300 ft. it is a common and zonings and uses. normal reaction to be against whatever is being proposed. Before there was any zoning Steve Hardacre, Attornery located at 911 notices sent out, there was no complaints to Meridian Plaza, stated he is representing Amy her or to the City. He would submit to the Gordon. He stated she is the owner of the real board that the benefits provided by Ms. 8 Gordon’s childcare service substantially out third shift childcare services for parents who weighs the detriments, if any, to the work third shift. community. Amy Gordon, 939 W. Post Road, stated she Mr. Hardacre stated Ms. Gordon is striving to purchased the home in question 6 ½ years ago provide quality childcare to her patrons and and it was just a residential family home their children. While the State requires only which is what she used it for. She stated she an informal child development certificate, Ms. recently bought another home. She lost her Gordon is in the process of completing a 40 job in 2006 and came up with the idea of a credit hour associates program in child daycare. She stated she wanted to apologize development at Ivy Tech. She is going beyond for this being brought to the board this way. the minimum required of her in order to She was not told about this during her become the best childcare provider that she licensure that she had to do any type of can be. Also, Ms. Gordon is striving to provide rezoning at all. She stated she is taking affordable childcare to her patrons and their classes for child development that started in children. Unlike the commercial childcare August. She stated she has spoken with her providers that are located in business neighbors in the past year and half on a few properties with high rents, Ms. Gordon is able, occasions and told them if they have any due to her residential location, to provide problems or issues that they can come see her childcare at rates thirty percent less than and none of them have come to her with any most commercial providers. Her childcare problems. services are critical to those working parents in Anderson who are faced with increasing Mrs. Nelson asked since she is going to cost of living and decreasing employment college, what are her hours at the daycare. opportunities in our local economy. Third, by Ms. Gordon stated she does the third shift. conducting childcare services in a residential She gets there at 11:00 pm and work till 7:30 environment, Ms. Gordon is allowing the a.m. She has children that she takes to school children she serves to be cared for in a home including her own. She takes one to Liberty like environment with access to a yard and Christian and her daughter to Indiana play equipment necessary for their physical Christian Academy. She picks children up at development. Fourth, after losing her two different schools and gets one child off the manufacturing job like many local citizens, bus over by her childcare. The education for Ms. Gordon’s childcare service is her sole her childcare is part of being licensed. source of income. The same is true of two employees that she has. Fifth, whether the Mrs. Nelson stated she does not have a Planning Department wants to acknowledge problem with her getting more education, but this fact or not, we all know that in every local what she is more concerned about is the spot neighborhood there are individuals who are zoning in this really nice neighborhood. Ms. providing childcare service for working Gordon stated in the last two years she has parents of our community. put numerous hours into this daycare and is still improving on the home. Mr. Hardacre stated Ms. Gordon is seeking to provide these important services the right way Mr. Newman asked how close is her backyard by receiving college training, by obtaining to the Marine Drive tunnel? Ms. Gordon state licensure, participating in regular stated her backyard is privacy fenced and inspections by the State and also by seeking there is a wooded area between her fence and the appropriate zoning relief that is presently the railroad tracks. The children do not play before the board. in the backyard. She just installed a 6 ft. chain link fence in her side yard because it Mr. Hardacre presented several letters from was bigger and had more shade. clients of Ms. Gordon’s childcare facility. He stated Ms. Gordon is one of few who provide Mr. Newman asked how close are you to the railroad tracks? Ms. Gordon stated she was 9 not sure. Mr. Newman stated the only reason received certified letter. She was told to go to why he is asking is because he is familiar with a certain website. It stated an R-2 and R-3 that neighborhood and it is quiet and peaceful. are identical, except for an R-3 is a dwelling or He asked if there has been accidents in the two-family, but everything else is the same. area? Ms. Gordon stated there was an Mr. Widing stated the Madison County Zoning accident, her next door neighbor who wrote Ordinance is not the City’s Zoning Ordinance. the letter for her, backed out and hit one of her client’s cars and it was her fault, anyway Mrs. Heider stated none of the home type one you look at it, she did not have any insurance, occupation information is correct even though and when she backed out, she was not looking I was told to go this website by whoever she and she hit one of her clients cars. spoke with at 648-6168 at the City Planning Commission. She was told to go to a Mr. Widing asked Mr. Kreegar if this wouldn’t particular website. She stated all she has is be consider spot rezoning since it’s residential the equity in her home and she understands to residential? Mr. Kreegar stated no. that it’s tough right now. She lived in the neighborhood for twenty years growing up and Mrs. Nelson asked why wasn’t it? Mr. is now back again. In the five years she has Kreegar stated it would need to be business been there, she has seen the neighborhood zoning in a residential area. It’s still a improve. She does not want anything that is a residential zoning. detriment that would bring the value of her house down. She stated she is against the Mr. Newman asked if down the road the rezoning even though she knows people need business goes out, could anything else daycare. She stated a 24 hour around the business-wise move in there. Mr. Hardacre clock daycare center is not acceptable for a stated not a business, a townhome could. Mr. residential neighborhood. Stires stated a school could go there but they would have to apply for a special exception, Larry Embry, 3209 Sherman Court, stated the but zoning-wise it would allow a school or only thing that was not stated right was that townhome. Mr. Widing stated you would not the reason why the zoning board went out and see that happening in this neighborhood. checked on it was because he called to see if this was zoning for business. He stated his Mr. Spyers asked how many children do you concern is for the value of his house. He currently watch? Ms. Gordon stated she wanted to know if there was anyway of currently has 21 children. She is open 6 days keeping anybody else from putting businesses a week, 24 hours a day. She does part-time in any of the other houses, if this is approved. and full-time. She just charges for the time the children are there. Mr. Stires read a letter from a neighbor stating they object to the rezoning of the Mr. Rayford asked if you decide to relocate for property located at 3216 Sherman Court whatever the reason, how much of a problem signed by James D. York and Harriet D. York. would it be to convert that home back to a Letter was received on September 18th. regular private residence, would it be simple? Ms. Gordon stated that it would be simple, she Mr. Spencer asked what is it about the site has not done a lot of changes to the interior, that you think would cause your properties to but if she did decide to sell then it would be decline in value? What is it about this site? easy to change back. Mr. Embry stated he worries if he puts his house up for sale, if someone would say they Beverly Heider, 3109 Sherman Street, stated don’t want to live across the street from this the one thing she did not understand, the and we don’t want to live here. information that she pulled up from the Madison County Indiana Land Use and Mr. Spencer stated to clarify, they are not Development Code which she was instructed asking to change this zoning to business, they to go to through her telephone call when she are just asking to change the residential zone 10 class. They are not asking to change it to a Mr. Spencer made a motion to approve business zone class. Petition #33-08 for a zone map change from R-2 to R-3 for the following finding of facts. Mrs. Nelson read that an R-3 zone class The proposed rezoning would be conserving allows for daycare facilities, churches, a clinic, the property values throughout the a fire station, a police station, hospital, neighboring districts, because the property heliport, municipal building, public camp, abuts other residential zoning uses. The park, stadium and a school. That is the way proposed rezoning would be considered the law reads. responsible development and growth because it allows the site to provide a needed service to Mr. Widing stated that what Mrs. Nelson just the community and it provides employment to read, they would have to have a special the community. The proposed rezoning would exception approval through the Board of be the most desirable use for the land because Zoning Appeals for any of those developments it allows this site to provide a much needed to occur. Then again because of the size of the service to the community. The proposed property, none of those developments would in rezoning would not affect the current all likelihood occur because of the size of the conditions and the character of the existing property. structures in the area and the surrounding districts because the site usage is not going to Mrs. Nelson stated she could see why they change, it is just going to bring this site usage may think this is a business zoning because into a proper zone class. The proposed zoning this a business and that’s the reason why she is not compatible with the Comprehensive read the definition. Plan, but the Comprehensive Plan is subject to change to allow for changes in the Mr. Newman stated the concern that he has is community. The proposed rezoning does the traffic that comes in there for the health establish a desirable precedent in the area and safety. He has a concern even with the and public utilities are available to support six ft. high chain fence and the closeness to the proposed rezoning. Mr. Yates seconded. the Marine Drive Tunnel and the railroad Motion passed, 5 yes, 3 no. tracks. PETITION #35-08 SUBMITTED BY Mr. Hardacre stated in addressing the concern EMILY MARTIN FOR A ZONE MAP about traffic, he asked Ms. Gordon to give him CHANGE FROM R-2 TO R-4 LOCATED a feel as to the traffic pattern. As he indicated AT 712 RANIKE DRIVE. before, most places in any neighborhood this is a dead end. There is no traffic going in two Mr. Stires stated Petition #35-08 was different directions. Just traffic going in. submitted by Emily Martin is seeking zone There are eleven residences on that cul-de-sac map change from an R-2 to R-4. This property and there is no traffic other than serving those consists of .25 of an acre, and is occupied by a individuals and vehicles that would serve the four (4) unit residential apartment building. facility. Ms. Gordon has indicated to him that the pattern of traffic basically at present has Mr. Stires stated staff became involved with two cars at 7:30 am, two cars at 4:30 pm, and this property earlier in the summer when the two cars at 6:00 pm in terms of pick up. We Martin’s contacted the Zoning Department are talking about fifteen cars that come and go inquiring about adding a fourth apartment. to pick up the children. The petitioner explained that the structure had been built with four (4) possible units, but Mr. Stires stated that he did check with Mr. only three (3) units were finished and a fourth Wilbur and he did receive a written complaint was used for storage. The petitioner was form on his desk and that did prompt him to asking permission to finish out the fourth do the inspection. apartment so that there could be a fourth apartment to live in. 11 Mr. Stires stated the petitioner explained to Mr. Stires stated staff is recommending him that the three unit building had been approval of the proposed rezoning because the there for several years. Staff classified the R-4 zone class will allow the petitioner the petitioner’s property as a “lawful non- best use of this property for her tenants. conforming use” and permitted the petitioner to renovate the fourth unit into habitable Emily Martin, Sea Ray Drive, Noblesville, space. The petitioner, after completing the stated she purchased the property in July fourth unit, sought to refinance the four (4) 2004. She stated this summer they completed unit building , but ran into issues with the the fourth unit and applied for a building finance company, because the property was permit which also included expanding parking still zoned R-2 Residential, which only allows in front of the building and have made single family homes. numerous updates to the building. She stated she would like to note that the house to the Mr. Stires stated that after the appraiser north is a duplex. She stated the building was contacted him in regards to the zoning and he built in the 1930’s. She stated she has lived had explained the situation to the appraiser, on Ranike Drive in two different places. One that the mortgage company had refused to do being the one directly to the south and she has the refinancing until the Martin’s had proper never received an noise complaints or any zoning on the property. other complaints regarding the property. Mr. Stires stated the Martin’s contacted the Mrs. Martin stated there was a letter filed office and after discussing the matter, they from a neighbor bringing up some potential suggested seeking a zone map change from issues. The neighbor’s named two instances R-2 to R-4 which allows for single-family in this letter which are not related to this homes, duplexes or multi-family houses or address. Again, she stressed that she has apartments. He stated the property is never received any complaints. She stated in surrounded by R-2 zoning and are occupied by the letter they stated parking was an issue. single-family residences. She stated that has already been addressed. Mr. Stires stated the petitioner agreed and Mrs. Nelson asked there is a property directly promptly filed the required documentation to to the north? Mrs. Martin stated there is a seek a zone map change. The petitioners have duplex there. sent out the proper notices and legal ad in the newspaper as required by our rezoning Mrs. Martin stated that she would request processes. approval for the zone map change because they have made numerous improvements to Mr. Stires stated the Comprehensive Plan the property and this is just a formality for does show this property as classified as their mortgage. Medium Density Residential. This classification is primarily single-family Mr. Spyers asked Mr. Stires that when she housing which would put this rezoning in put in additional parking was she required to conflict with the City’s Comprehensive Plan. pave that being an R-4? He sees that it’s He stated the Comprehensive Plan is a guide currently gravel now. Mr. Stires stated he for future development, but is always subject believed they would have to pave it, but to change as potential development occurs. needed to check on that. Mr. Stires stated it is the responsibility of the Mr. Spencer stated you need this rezoning to petitioner to demonstrate that the character of finance the property. Mrs. Martin stated she the property in question has changed and the got a building loan to complete the fourth unit highest and best use of the land is to rezone it and do the roof. She stated she is trying to get from an R-2 to R-4. a more conventional loan because she is done with the building. Mr. Widing stated this is something we have encountered before, the 12 mortgage companies want to make sure the Mr. Julian stated there are no sidewalks on properties, are zoning properly before they Lindberg Road and Ranike Drive. It’s a loan money. He stated in the last five years relatively narrow road. He stated parking is a they have probably had to rezone five problem. There have been two incidents with properties, so that they had the proper zone college students who have resided on Lindberg classification use. Road. He stated zoning is the only way to fix the problem. Mr. Spencer asked Mr. Widing this property is essentially operating outside it’s existing zone Mrs. Nelson asked this is not in regards to the classification? Mr. Widing stated it is petition? Mr. Julian stated no, its not this operating outside its use. property, but with another property and this is just his experience. His point is this has Mr. Spencer asked what are the repercussions been a very quiet neighborhood and all the of that if this body doesn’t make the problems that they have encountered have appropriate change? Mr. Kreegar stated that been due to people who have occupied the its consider a nonconforming use, but it would houses being multifamily that are not zoned be better for this body and for the City if the for that. property is zoned in conjunction with its use. He stated he thought the property had been Mr. Spencer asked Mr. Julian when you said that way for years. in your letter you were able to address some of these situations that you have had in the past Mr. Widing stated it’s been a tri-plex for years through zoning, how did you address those and she has added a fourth unit, but it’s been situations through zoning? Mr. Julian stated a multi-family unit. So it should have been an when they tried to talk to Anderson R-4 to begin with. University and tried to get them to address the situation, they were told they are just Mr. Spencer asked Mrs. Martin what the college kids. He stated when the police came occupancy is of the site now, is it fully out they would write reports and do nothing occupied? Mrs. Martin stated yes it is and else. He stated they tried to talk with the they have kept it pretty full since they have landlord, but they did not want to deal with owned it. them. He stated all they care about is keeping the apartments occupied and collecting rent. Mr. Spencer asked Mrs. Martin if they own He stated he called the zoning department other properties in the City? Mrs. Martin and was told they were an R-2. He stated the stated she has four other properties. zoning board had to threaten a suit before they were able to get a resolution. Tom Julian, 1600 Lindberg Road, stated he resides directly west of the Ranike Drive Mr. Spencer asked Mr. Widing if that was property. He stated he was not sure if he was through his office? Mr. Widing stated we have going to be able to attend, but did submit a taken some action where they have gone in letter earlier in the day to zoning. He read his and tried to divide up a single family home, letter that was submitted to the board to give but respectfully to Mr. Julian, this was a them an idea of his position on the rezoning. home that was already a triplex. As Mr. He stated his concern with the rezoning in Kreegar has already pointed out, this is this area will set an unhealthy precedent and already a lawful non-conforming unit that’s expose this neighborhood to numerous already multi-family. situations involving college students and/or multiple families that will be a major Mr. Spencer stated if this body changes the detriment to the community. He stated he zone class for that site, it doesn’t mean that also feels that the property values will any other site is changed in that zone class. plummet if multiple family dwellings are Mr. Julian stated to him that sets a precedent. allowed to get started. Are you going to tell someone else that they can’t do it? Mr. Spencer stated it does set a 13 precedent, but this is already a multi-family PETITION #36-08 SUBMITTED BY establishment. HOOSIER PARK RACING AND CASINO AND BEAM, LONGEST AND NEFF FOR Mr. Yates stated this is existing and isn’t in A PRIMARY PLAT FOR A SUBDIVISION compliance and we have a notice that we have TO BE KNOWN AS HOOSIER PARK to make a change. Mr. Kreegar stated that is LOCATED AT 4500 DAN PATCH CIRCLE. correct because otherwise they continue to operate illegally. Mr. Stires stated the petition is submitted by Hoosier Park Racing and Casino and Beam, Mr. Julian asked could this be done with a Longest and Neff. He stated they had made variance in order to not put everyone else at contact with the petitioners a few minutes ago risk? Mr. Kreegar stated no and your not and they forgot about tonight’s pending really not putting anyone else at risk, because petition. each case has to stand on it’s own merits. He stated we continually address this R-2 Mr. Stires asked that Petition #36-08, even problem with college students. He stated this though they have done their legal ad and sent is different situation because this is not a out their notices, be continued until next single family that the petitioner is now month. moving college students into that has been used as a multi-family. Mr. Spyers made a motion to continue Petition #36-08 until the meeting. Mr. Lamey Mr. Spencer made a motion to approve seconded. Motion passed, 8 yes and 0 no. Petition #35-08 for a zone map change from an R-2 to R-4 based on the following finding of PETITION #37-08 SUBMITTED BY BRAD facts. The proposed rezoning would be ELLER (LEVVEL 5), CHARLES D. AND conserving the property values throughout the BARBARA S. SANQUNETTI AND neighboring districts because the surrounding WILLIAM O. AND CHARLOTTE J. properties are already zoned residential. This HUNTZINGER FOR A PRIMARY PLAT site is not changing from the way it has been FOR A SUBDIVISION TO BE KNOWN AS for years. The proposed rezoning would be INDEPENDENT FCU CENTER considered responsible development and LOCATED IN THE 2100 BLOCK OF EAST growth because this site has been utilized in 38TH SGTREET ON THE NORTH SIDE its current state for many years and is not AND THE 3700 BLOCK OF SOUTH changing. The proposed rezoning would be SCATTERFIELD ROAD ON THE WEST the most desirable use for the land because SIDE. the site usage is remaining as it has been and it’s just being moved into a proper zone class. Mr. Stires stated petition is submitted by The proposed rezoning would not affect the Brad Eller (Level 5), Charles and Barbara current conditions and the character of the Sanqunetti and William and Charlotte existing structures in the area and the Huntzinger. They are seeking primary plat surrounding districts because the site usage is approval for a single lot plat for the not changing and it is exactly as it has been Independent FCU Center addition. and we are just moving it into a proper zone class. The proposed rezoning is not Mr. Stires stated the property is located in the compatible with the Comprehensive Plan, but 2100 block of East 38th Street on the north the Comprehensive Plan allows us to fix this side and the 3700 block of South Scatterfield error in the zone class. The proposed rezoning Road on the west side. This property consists does establish a desirable precedent in the of 1.7 acres and is directly north of the area and public utilities are available to Speedway Convenience Store and west of the support the proposed rezoning. Mr. Spyers Walgreen’s Pharmacy. seconded. Motion passed, 8 yes, 0 no. Mr. Stires stated the property is zoned B-4 Community Shopping Center and is presently 14 occupied by two single family homes, a Centre Addition. This plat is not to be detached garage, two storage sheds and an forwarded to any other governmental unit. outdoor stone fireplace. Mr. Newman seconded. Motion passed, 8 yes and 0 no. Mr. Stires stated the submitted primary plat shows the lot with a 60 ft. front building CITY COUNCIL UPDATE setback line and a 5 ft. non-access easement as it fronts South Scatterfield Road and East The Plan Commission had no items in front of 38th Street. The plat shows a 15 ft. drainage, the City Council at the September meeting. utility and communication easement around the perimeter of the lot. ADJOURMENT Mr. Stires stated the plat shows a cross-access Mrs. Nelson made a motion to adjourn the easements on the northeast and southwest meeting. Mr. Foltz seconded. Meeting corners of the plat. The northeast cross-access adjourned at 6:50 p.m. easement is 25 ft. wide, while the southwest cross-access easement is 23 ft. wide. All utilities are available to the site including BY: ______________________________ electricity, gas, water, storm and sanitary Deborah Nelson, Temp President sewer. ATTEST: ___________________________ Mr. Stires stated the plat also indicates there Stephanie George, Acting Board is a very narrow right-of-way dedication along Secretary the east side of the plat, and an irregular- shaped right-of-way dedication along the south side of the plat for public use. Mr. Stires stated the plat was reviewed by the Plat Review Committee on September 4, 2008 and some minor revisions or changes were suggested and completed. Mr. Stires stated staff is recommending approval of the primary plat for the Independent FCU Center Addition. If primary plat is approved, it is not to be forwarded to any other governmental unit. Steve Servies, Rayl Engineering, stated he hopes this will be the first of other developments on this B-4 corner. He feels this will be a good location for them. Mr. Yates asked if this was going to be a branch or are they relocating their home office there? Mr. Servies stated they have not told them that, but it’s a pretty good size building. It’s a two story building that is going to be located there. Mr. Spyers made a motion to approve Petition #37-08 for a primary plat for a one lot subdivision to be known as Independent FCU 15