Plan Commission

PLAN COMMISSION MINUTES October 28, 2008 MEMBERS PRESENT: BUSINESS: Jesse Wilkerson, President PETITION #25-08 SUBMITTED BY Greg Spencer, Member VIPUL MODI AND M3 HOTELS, LLC Gene Yates, Member FOR A SECONDARY PLAT FOR A Darin Foltz, Member SUBDIVISION TO BE KNOWN AS M3 Mark Lamey, Member HOTELS ADDITION LOCATED AT 5920 Michael Spyers, Member SOUTH SCATTERFIELD ROAD AND THE 2000 THROUGH 2100 BLOCKS OF MEMBERS ABSENT: EAST 59TH STREET ON THE SOUTH SIDE (CLARION INN, FORMERLY THE Deborah Nelson, Vice President HOLIDAY INN). (CONTINUED 6-24-08, Joseph Newman, Member 7-22-08, AND 8-26-08) Willie Rayford, Member Mr. Wilkerson requested that Petition #25-08 OTHERS PRESENT: be moved to the end of the agenda due to a conflict of interest and in order for Mr. Yates Michael Widing, Development Director to arrive so that the petition could be heard. Tim Stires, Assistant Development Director Stephanie George, Zoning Administrator Mr. Spencer motioned to move Petition #25-08 Amber Lewis, Board Secretary; and to the end of the agenda. Mr. Spyers seconded William Kreegar, Assistant City Attorney the motion. Motion passed, 5 yes and 0 no. ROLL CALL AND DECLARATION OF A PETITION #24-08 SUBMITTED BY QUORUM: TRILOGY HEALTH SERVICES, LLC FOR A SECONDARY PLAT FOR A Mr. Wilkerson called the meeting to order at SUBDIVISION TO BE KNOWN AS 4:37 p.m. Ms. Lewis took roll call and BETHANY POINTE MEMORY CARE AND declared a quorum with five (5) members in VILLA DDITION LOCATED IN THE 1700 attendance. THROUGH 2100 BLOCKS OF BETHANY ROAD ON THE SOUTH SIDE AND THE Mr. Yates arrived after roll call at 5:00 pm to 1700 THROUGH 1900 BLOCKS OF EAST make six (6) members in attendance. CROSS STREET ON THE NORTH SIDE (FORMERLY BOCA REAL GOLF Mr. Foltz performed the invocation and the COURSE.) (CONTINUED 6-24-08, 7-22-08, Pledge of Allegiance was recited. 8-26-08 AND 9-23-08) MINUTES: Mr. Stires stated Petition #24-08 submitted by Trilogy Health Services, LLC and Steven A. Mr. Spyers made a motion to approve the Van Camp for a secondary plat for a September 23, 2008 minutes as submitted. subdivision to be known as Bethany Pointe Mr. Wilkerson seconded. Motion passed, 5 Memory Care and Villa Addition. He stated yes, 0 no. Mr. Yates was not present yet. the petitioner has now filed the two (2) required covenants. Those covenants dealing with future improvements at the expanding Bethany Pointe facility on the City’s north 1 side have been reviewed and approved by the Works for acceptance of the plat, easements Commission’s attorney and are now on file. and covenants. Mr. Stires stated the covenants call for the Mr. Steve Servies, Rayl Engineering, stated planned widening of East Cross Street, and he would answer any questions that the Board the construction of sidewalks and an East might have of him. Cross Street access road all on the north side of East Cross Street by September 30, 2010. A Mr. Spencer motioned to approve Petition #24- covenant dealing with long-term maintenance 08 for the secondary plat for a subdivision to of landscaping is also on file. be known as Bethany Pointe Memory Care and Villa Addition, because it meets the Mr. Stires stated the property contains 49.7 requirements of the Subdivision Control acres and has a split zoning of R-3 Residential Ordinance. This plat is to be forwarded to the for the western 31 acres, and R-2 Residential Board of Public Works for acceptance of the for the eastern 18 acres. This acreage is the plat, easements and covenants. Mr. Foltz former Boca Real Golf Course. All utilities are seconded the motion. Motion passed available to the site. The Plan Commission unanimously, 5 yes and 0 no. approved a primary plat for this acreage on May 27, 2008. PETITION #29-08 (ORDINANCE #30-08) SUBMITTED BY TIMOTHY WHITE AND Mr. Stires stated the petitioner is seeking VICTORIA TAYLOR FOR A ZONE MAP secondary plat approval to subdivide the CHANGE FROM R-3 TO I-1 LOCATED IN acreage into a three (3) lot subdivision to be THE 2300 BLOCK OF FORKNER known as Bethany Pointe Memory Care and STREET ON THE WEST SIDE. Villa Addition. The proposed three lots will (CONTINUED 8-26-08 AND 9-23-08) range from 4.623 acres to 38.181 acres. Mr. Stires stated Petition #29-08 is submitted Mr. Stires stated the plat shows all three lots by Timothy White and Victoria L. Taylor for a with a front building setback line of 30 ft. as zone map change from R-3 to I-1. The they front Bethany Road and East Cross property is located in the 2300 block of Street. The plat also shows a required 15 ft. Forkner Street on the west side. drainage, utility and communication easement around the perimeter of the three proposed Mr. Stires stated the property consists of four lots and between Lots #2 and #3. A 50 ft. wide (4) lots containing .583 of an acre and is proposed ingress/egress easement is noted currently zoned R-3 Residential. along the western edge of Lot #2. Mr. Stires stated the petitioner has been Mr. Stires stated the secondary plat shows a operating a trucking and hauling business 30 ft. wide dedication of additional right-of- from inside the enclosure for the past three (3) way along the south side of Bethany Road. A years. Staff notified the petitioner in 2005 50 ft. dedication of additional right-of-way that the property was not properly zoned for a along the north side of East Cross Street is trucking and hauling facility and would need noted along the south side of the plat. to be rezoned. Mr. Stires stated this plat is being proposed to Mr. Stires stated the petitioner filed in allow for future expansion of the Bethany December 2005 the appropriate application to Pointe Assisted Living Facility and Cross rezone the property from R-3 to I-1 Light Roads United Methodist Church. Industrial. The Commission at a subsequent meeting determined the petitioner still had Mr. Stires stated the Plan Commission should various issues to resolve including: placement approve this secondary plat for Bethany of the fence (setback), adding fencing to the Pointe Memory Care and Villa Addition and rear, painting the fence one color, adding should forward it on to the Board of Public landscaping to the front of the fence and 2 parking (hard surfacing). The petitioner B-1 zoned property and a lawful non- agreed to work on resolving the issues and conforming use business. Staff would add asked that the petition to rezone be there are also several existing businesses in withdrawn in February 2006 with the the general vicinity. Staff does not believe the understanding he could refile in the future. petitioner’s business will generate any more traffic than is already in the general Mr. Stires stated the R-3 zone class allows for neighborhood. single-family homes or duplexes, while the I-1 zone class allows for most industrial Mr. Tim White, 65 Surrey Court, stated he developments and provides for their would answer any questions. expansion. The I-1 zone class includes storage of material and equipment, and are required Mr. Spencer asked what is your business? Mr. to be confined to a building. The I-1 zone class White stated they haul gravel and asphalt. does allow for residential and businesses uses. Mr. Spencer asked if he would be hiring Mr. Stires stated the staff would note this anyone? Mr. White stated no that this is just property is bounded on the north, northeast a little business that supports him and his and east by property zoned R-3 Residential brother. which are occupied by single-family homes and a lawful non-conforming use (Early’s Auto Mr. Spencer asked if the petition was not Body). The property to the southeast is zoned passed, would this harm your business? Mr. B-1 Local Business and is occupied by the Pit White stated that yes it would. He stated he Stop Restaurant and Bar. There are other would have nowhere to park. business zoned properties within a few blocks along Dr. Martin Luther King, Jr. Boulevard Mr. Lamey asked the trash trucks that are including Arrow Auto Sales, Anderson parked there, do you pick up any trash? Mr. Speedway and DT’s R Bar. White stated he picks up some trash. Mr. Stires stated the petitioner has indicated Mr. Lamey asked if his primary business was his intention, if approved for rezoning, is to hauling asphalt and gravel as an independent build a pole barn structure to house his contractor? Mr. White stated yes. trucking business. Mr. Wilkerson asked Mr. Stires in regards to Mr. Stires stated it is the responsibility of the the I-1 zoning, is there a height requirement petitioner to demonstrate the character of the for how high items can be stored and how high property in question has changed and the the fence can be? Mr. Stires stated policy has highest and best use of the land is to rezone been that nothing should be stored higher this property to I-1 Light Industrial. than the fence. Mr. Stires stated the staff notes the City’s Mr. Spyers asked Mr. Stires if it is required Comprehensive Plan classifies this property for Mr. White to store his trucks inside a as Traditional Residential. This proposed building or is it just material? Mr. Stires rezoning is in conflict with the City’s stated that I-1 requires storage inside a Comprehensive Plan. Staff would remind building so that would require trucks to be Commission members the Comprehensive stored inside a building. Plan is a guide for future development, but is always subject to change as potential Mr. Spyers stated that it looks like we are development occurs. going at this backwards. He stated it looks like we required Mr. White to do a number of Mr. Stires stated staff is recommending improvements, but yet the zoning has not approval of the proposed zone map change, been approved. Mr. Stires stated that this is because the affected property is abutting I-1 rather a unique case in that Mr. White did the zoned property and is across the street from improvements before he got the proper zoning. 3 He stated everything was in place before this that need to be made in order for it to fit all got started. Mr. White filed his initial under the I-1 classification. Mr. Kreegar rezoning back in 2005 and as he came before stated that would not need to be done because the Plan Commission back at that time, some the ordinance requires him to have a building neighbors brought up some issues about the to stores those materials in. Mr. Kreegar property and Mr. White’s petition was stated the question then would be an continued for a month at that time. Mr. Stires enforcement issue and it would be up to the stated Mr. White has made an effort to fit in department to determine whether or not he with the neighborhood and he has complied should have 6 months or a year to construct with the list of issues that were put together the building and if he failed to do it then we back in 2005 dealing with the fencing, would take action against him, but that is not landscaping, painting the fence all one color, something that would need to be put in a creating a minimal amount of disturbance in motion because it is already in the ordinance. the area, but it is an usual case. Mr. Spencer asked Mr. White what time Mr. Spyers stated his concern is that Mr. frame do you think it will be before you build White has already made a number of the building if this passes? Mr. White stated improvements and if the board decides to not at least a year to a year and half. approve the petition then Mr. White is out quite a bit of money for the improvements Mr. Lamey asked that at that point in time, that he has already made because the would Mr. White have to put the garbage property has not been rezoned properly. trucks in the building also? Mr. Stires stated yes. Mr. Widing stated that if the Plan Commission does not approve the petition it Mr. Wilkerson asked if the I-1 zoning class, is still goes to the City Council, and the that the best classification to put him in? Mr. Commission is only making a recommendation Stires stated that by looking at the zone map, to the City Council. he would say yes. Mr. Wilkerson stated to further that, that if Mr. Widing stated that given the residential City Council turns it down then it is the same zone class next to it, he would agree with Mr. situation. Mr. Widing stated that if City Stires. Council turns it down then it becomes a zoning enforcement action. Mr. Kreegar Mr. Lamey asked in the time frame to build stated that would be true because then Mr. the building, who sets that and how is that White would be in violation of the ordinance determined? Mr. Stires asked Mr. Kreegar if at that time and he would have to move he would have any suggestions. Mr. Kreegar everything. stated the Plan Commission could recommend a time limit in their motion. Mr. Stires stated Mr. Spencer asked Mr. White is this hauling his office would follow through with business yours and your brother’s sole source enforcement. of income and both of you need this business to earn a living? Mr. White stated yes they Mr. Spencer asked Mr. Stires in regards to need this business. you describing the property across the street which is R-3 as an lawful non-conforming Mr. Wilkerson asked that if this property property, you describe it as a like business to becomes I-1, then everything outside on the this, so if that property across the street property would have to go into a building? would come for rezoning, then you would also Mr. Stires stated that eventually yes. recommend it to be an I-1? Mr. Stires stated yes. Mr. Wilkerson asked is there a way we can approve the petition and leave it so that in the Mr. Spencer stated his question more future there are plans to make the changes specifically is, is the I-1 zoning the best zoning 4 classification for this property? Mr. Stires experienced that recently? Mr. Sales stated stated since this does border a residential the traffic that is coming through there now is zone area, then the I-1 zoning is the best not a whole bunch of heavy trucks, but you zoning. have other types of trucks coming through there and with parking on the street it makes Mr. Spencer asked what is the difference it hard to go up and down the street. between a I-1 and B-1? Mr. Stires stated the B-1 is local business, more retail commercial Mr. Spencer stated Mr. White has been type uses as oppose to warehousing which is operating this business for five (5) years, what I-1. makes you think the volume is going to increase? Mr. Sales stated Mr. White stated Ralph Sales, 2343 Forkner Street, stated he he wants to expand. received notification in the mail in regards to the petition and he feels the neighborhood is Mr. Spencer stated Mr. White did not state he starting to make improvements, but this is is going to increase his volume of trucks, he is making the neighborhood look junky. He does just going to operate how he has been is what not agree with them dropping off the trucks he said and that Mr. White is going to build a and making the neighborhood looking run building to store his trucks in. down. Mr. Wilkerson stated the current issue is the Mr. Wilkerson asked Mr. Sales, so that he classification of an R-3 to I-1 which would understands his concerns, is that primarily allow Mr. White to keep improving his current the location of the trucks are in now, they property. have fence up around it, are you saying that you see things outside of fence that make it an Mr. Lamey asked Mr. Widing is there any eyesore or is everything contained inside the environmental concerns with the parked fence area and it’s the smell of what is being vehicles there, do you see any problems down dropped off there? Mr. Sales stated he is not the road? Mr. Widing stated that is why we sure about the smell. want the property hard surfaced, so that there won’t be contaminants getting into the soil. Darlene Sales, 1810 Ralley Road, stated she owns property over on Locust Street and that Mr. Widing stated he wanted to point out that her objection to the petition is the noise and neighbors are saying the trucks are parked smell of the heavy trucks going up and down out on the street and it’s going to create a that street. She stated she does not feel this traffic problem and what we are stating is is safe for the people and children in the that all these trucks have to be parked on site neighborhood. and are not allowed to be parked on the street. Mr. Widing asked Mr. Spyers if he has a Mr. Widing stated his office feels like I-1 is the concern about this being a residential street appropriate zoning for this property and they and the heavy trucks coming across it? Mr. have a history now of three years of Mr. White Spyers stated it’s not so much the trucks since operating and it has not had a huge impact it has been operating for a number of years on the neighborhood and his senior zoning and it has access to Martin Luther King, Jr. enforcement officer has been monitoring this Boulevard since it is very close. situation off and on and his office has not found a huge impact on the neighborhood. Robert Sales, 3528 Oakland Drive, stated his concern is about how narrow the street is and Mr. Sales stated his concern is that if there with parking on the street with the heavy are vehicles parked on both sides of the street, trucks coming in and out. how are the dump trucks going to fit through there since the streets are so narrow without Mr. Spencer asked Mr. Sales is his concern doing any damage to the vehicles parked on about the truck traffic and the smell, have you the street. 5  SUBDIVISION TO BE KNOWN AS Victoria Taylor, 1210 Nichol Avenue, stated CELEBRATION STATION LOCATED IN she understands the neighbors concerns but THE 2700 THROUGH 2800 BLOCKS OF they have been in business for eight years. NICHOL AVENUE ON THE SOUTH SIDE She stated that in regards to the smell, there AND THE 1400 THROUGH 1600 BLOCKS is a sewer problem out in that neighborhood. OF NICHOL AVENUE ON THE SOUTH Also, she stated in regards to the noise, Sun SIDE AND THE 1400 THROUGH 1600 Valley Race Park is in the area and they have BLOCKS OF BRENTWOOD DRIVE ON to deal with that noise too. THE WEST SIDE (FORMERLY K-MART WEST AND PAYLESS SUPERMARKET.) Mr. Spencer motioned to approve Petition #29- (CONTINUED 9-23-08) 08 (Ordinance #30-08) for a zone map change because the proposed rezoning would be Mr. Stires stated Petition #34-08 is submitted conserving the property values throughout the by Glen Wilson and Nichol Avenue, LLC for a neighboring districts because the property is secondary plat for a subdivision to be known adjacent to existing industrial and business as Celebration Station. The petition was zoned property and across the street is an continued in September to allow the petitioner existing lawful non-conforming business additional time to seek a variance from the which is of a similar type. The proposed sidewalk requirement through the Board of rezoning would be considered responsible Zoning Appeals. The sidewalk variance was redevelopment and growth because again denied by unanimous vote; therefore, this adjacent to existing industrial and business petition is now ready to move forward. zoned property, provides employment for the owner and his brother and economic activity Mr. Stires stated this property containes in the City. The proposed rezoning would be 15.491 acres and is zoned B-1 Local Business. the most desirable use for the land because This is the site of a former shopping center the property is adjacent to industrial and which included a former K-Mart Store and a business zoned property, across the street former Payless Supermarket. There is an from lawfully non-conforming business which existing Family Dollar Store on the western is of a similar type, business provides third of the acreage. employment for the owner and his brother and provides economic activity in the area. The Mr. Stires stated the petitioner is seeking proposed rezoning would not affect the current secondary plat approval to create a two (2) lot conditions and the character of the existing subdivision to be known as Celebration structures in the area and the surrounding Station. The secondary plat shows the two districts because the business has been lots will range in size from 4.295 acres to operating for several years without any issues 11.075 acres. and is adjacent to existing industrial and business zone classes, provides employment Mr. Stires stated the plat shows Lot #1 with a for the owner and his brother and economic front building setback line of 30 ft. as it fronts activity in the area. The proposed rezoning is Brentwood Drive and Nichol Avenue. A 15 ft. not compatible with the Comprehensive Plan, drainage, utility and communication easement but the plan is subject to change as needed. around the perimeter of the entire plat. A 15 The proposed rezoning does establish a ft. sanitary sewer easement is also noted in desirable precedent in the area and public the center of both lots. utilities are available to support the proposed rezoning. Mr. Foltz seconded the motion. Mr. Stires stated the petitioner, as required, Motion passed unanimously, 6 yes, and 0 no. has submitted a sidewalk covenant, which states the sidewalks will be installed along Brentwood Drive and Nichol Avenue when the PETITION #34-08 SUBMITTED BY GLEN property redevelops. The covenant has been WILSON AND NICHOL AVENUE, LLC reviewed and approved by the Commissioner’s FOR A SECONDARY PLAT FOR A legal counsel. 6  Mr. Stires stated the plat shows a 25 ft. Mr. Stires stated the staff is recommending sanitary easement running north to south approval of this secondary plat as it meets the through the center of the acreage. A 150 ft. requirements of the Subdivision Control legal drain easement is shown slicing east to Ordinance. west through the northern portion of the lot. Staff notes there are high tension electric Steve Servies, Rayl Engineering, stated he transmission lines running north to south would answer any questions. along the west side of the plat. Mr. Spyers asked about cross access. Mr. Mr. Stires stated the plat was reviewed by the Servies stated there is none showing on the Plat Review Committee on Thursday, drawings, but it is in the agreements. September 4, 2008. Minor revisions were suggested and have since been completed. Mr. Lamey motioned to approve Petition #34-08 for a secondary plat for Celebration Mr. Stires stated staff is recommending Station and it should be forwarded to the approval of the primary plat for Hoosier Park. Board of Public Works for acceptance of the He stated it does meet the requirements of the plat, covenants and easements. Mr. Spyers Subdivision Control Ordinance and if seconded. Motion passed unanimously, 6 yes, approved this primary plat should not be 0 no. forwarded on to any other governmental unit. Dick Butwin, Beam, Longest and Neff, stated PETITION #36-08 SUBMITTED BY he would answer any questions that the HOOSIER PARK RACING AND CASINO Commission might have of him. AND BEAM, LONGEST AND NEFF FOR A PRIMARY PLAT FOR A SUBDIVISION Mr. Spencer asked is this action required TO BE KNOWN AS HOOSIER PARK because this is the final act of transferring LOCATED AT 4500 DAN PATCH CIRCLE. property from the Park Department to (CONTINUED 9-23-08) Hoosier Park? Mr. Widing stated their original primary plat expired and they never Mr. Stires stated Petition #36-08 submitted by went forward with a secondary plat and as Hoosier Park Racing and Casino and Beam, part of the negotiation they agreed to create a Longest and Neff for a primary plat for a new primary plat and move forward with a subdivision to be known as Hoosier Park. The secondary plat. petition was continued at the September meeting because the petitioner did not attend Mr. Butwin stated that this not only includes the meeting. the original primary plat, but also some other properties that were purchased by Hoosier Mr. Stires stated the property is located at Park and were consolidated into one. 4500 Dan Patch Circle. The property contains 141 acres, has a split zoning of I-3 Industrial Mr. Spyers motioned to approved Petition Reserved, B-3 Neighborhood Shopping Center #36-08 for primary plat for a one lot and B-4 Community Shopping Center. This is subdivision to be known as Hoosier Park the site of the Hoosier Park Racing and because it meets the requirements of the Casino facility. Subdivision Control Ordinance. This primary plat is not to be forwarded to any other Mr. Stires stated the plat shows a 15 ft. governmental unit. Mr. Yates seconded the drainage, utility and communication easement motion. Motion passed unanimously, 6 yes, 0 around the perimeter of the lot. The plat no. shows a recorded gas easement running east to west along the south property line of the plat. PETITION #38-08 (ORDINANCE #49-08) SUBMITTED BY STRATFAM I, LLC FOR 7 A ZONE MAP CHANGE FROM B-3 TO B-1 LOCATED AT 2725 ENTERPRISE DRIVE. Mr. Stires stated that it is the petitioner’s (MODERSKIN) responsibility to demonstrate that the character of the property in question has Mr. Stires stated Petition #38-08 is submitted changed and the highest and best use of the by Stratfam I, LLC for zone map change and land is to rezone this property to B-1 Local is located at 2725 Enterprise Drive and Business. contains 1.46 acres, and is currently zoned B-3. Mr. Stires stated that staff is recommending approval of the proposed zone map change, Mr. Stires stated this property is the because the affected property already carries a ModernSkin health clinic (Medical Spa) which form of business zoning (B-3). Staff also notes specializes in dermatology and occupies about that the proposed rezoning (B-1) is not a “spot one-fourth of the one-story, 10,000 square foot rezoning” and will allow the petitioner to building. continue to expand the use of his property thus generating new jobs and providing a Mr. Stires stated the petitioner appears before service to the community. the Plan Commission seeking a zone map change from B-3 Neighborhood Shopping Mike Austin, attorney, stated basically they Center to B-1 Local Business. are taking an under-utilized building and wanting to put a message therapy school in Mr. Stires stated the petitioner is interested this location. This would require several in opening a massage therapy school in a employees, classes ranging from 20 to 24 portion of the ModernSkin building. The City students and a class session usually runs Ordinance stipulates a “school” is not allowed approximately 5 months. He stated there is a on properties zoned B-3, B-4 and I-2. Schools huge demand for this type of skill. are allowed on properties zoned R-1, R-2, R-3, R-4, B-1, B-2, I-1 and I-3. Mr. Austin stated we are already in a business zone and as Mr. Stires stated, we are talking Mr. Stires stated the staff notes the affected about going from a B-3 to B-1 so this would property is bounded on the north by enable Dr. Stratman to better use this Enterprise Drive and property which is vacant building and really achieve the highest and and zoned I-3 Industrial Reserved. The best use for this building. He stated this is a property to the east (Associated Builders and modern building located by the interstate. Midwest P.O.S.) and property to the west (vacant ground) are also zoned I-3. Directly Mr. Spyers asked is there sufficient parking south is Interstate 69. for the number of students you are proposing? Dean Stratman stated he feels there is Mr. Stires stated staff would note this is not a sufficient parking available. “spot zoning” because this property already carries a business (B-3) zone class. Staff Mr. Spencer motioned to approve Petition #38- emphasizes the petitioner has indicated their 08 (Ordinance #49-08) for a zone map change intention, if approved for rezoning, is to from a B-3 to a B-1 because the proposed operate a massage therapy school. rezoning would be conserving the property values throughout the neighboring districts Mr. Stires stated staff notes the City because the neighboring districts and adjacent Comprehensive Plan classifies this property properties are currently zoned industrial or as a Business Park which provides a location business. The proposed rezoning would be for major area employers, with a focus on considered responsible development and professional offices (ModernSkin), that has a growth because it would allow for additional campus-like setting (future Massage Therapy business, economic and educational activity in School) and convenient connectivity between the City. The proposed rezoning would be the businesses located there (Flagship). most desirable use for the land because it 8 would allow for additional business, economic Mr. Stires stated the petitioner is seeking and educational activity in the City. The secondary plat approval to divide the acreage proposed rezoning would not affect the current into a two (2) lot commercial subdivision to be conditions and the character of the existing known as M3 Hotels Addition. The lots range structures in the area and the surrounding in size from 1.828 acres to 5.103 acres. Lot #1 districts because those existing structures are is the current site of the Clarion Inn. Lot #2 essential industrial and business uses will be made available for the construction of currently. The proposed rezoning is a future motel. compatible with the Comprehensive Plan. The proposed rezoning does establish a Mr. Stires stated the submitted secondary plat desirable precedent in the area and public shows a 30 ft. front building setback line for utilities are available to support the proposed Lots #1 and #2 as they front East 59th Street, rezoning. Mr. Lamey seconded the motion. Scatterfield Road and Interstate 69. The plat Motion passed unanimously, 6 yes, 0 no. shows a required 15 ft. drainage, utility and communication easement around the PETITION #25-08 SUBMITTED BY perimeter of both lots and along the lot line VIPUL MODI AND M3 HOTELS, LLC between the two lots. FOR A SECONDARY PLAT FOR A SUBDIVISION TO BE KNOWN AS M3 Mr. Stires stated the plat shows a 10 ft. HOTELS ADDITION LOCATED AT 5920 dedication of additional right-of-way along the SOUTH SCATTERFIELD ROAD AND north end of both lots as they front East 59th THE 200 THROUGH 2100 BLOCKS OF Street. The plat also shows the south side of EAST 59TH STREET ON THE SOUTH the plat as it fronts the southbound ramp of SIDE (CLARION INN, FORMERLY Interstate 69 with a limited access right-of- HOLIDAY INN). (CONTINUED 6-24-08, way. 7-22-08, 8-26-08 AND 9-23-08). Mr. Stires stated the acreage is classified in Mr. Stires stated Petition #25-08 is submitted the City’s Comprehensive Plan as Regional by Vipul Modi and M3 Hotels, LLC for a Commercial. This acreage is not in conflict secondary plat to be known as M3 Hotels with the plan. Addition. This is the site of the Clarion Inn located at East 59th Street and South Mr. Stires stated this plat received primary Scatterfield Road. This petition has been plat approval from the Plan Commission on continued for the past four (4) months to allow May 27, 2008. the petitioner to file two (2) required covenants. Those covenants dealing with Mr. Stires stated the petitioner was granted a adding green space and constructing variance from the lot coverage requirement sidewalks on the south side of East 59th Street allowing a total green space of 20 percent, have been reviewed and approved by the which is five (5) percent under the 25 percent Commission’s attorney and are on file. requirement. A variance from the 5 ft. concrete sidewalk requirement was denied by Mr. Stires stated the property is located in the the Board, which required a covenant be filed 2000 through 2100 blocks of East 59th Street prior to secondary plat approval stipulating on the south side or on the southeast corner of the sidewalks along East 59th Street will be the intersection of South Scatterfield Road constructed within two (2) years of plat and East 59th Street. The property contains approval. 7.11 acres and is zoned B-2 General Business. A large portion of this acreage is occupied by Mr. Stires stated staff is recommending the Clarion Inn (formerly Holiday Inn). All approval of this secondary plat for M3 Hotels utilities are available to the site including Addition because the plat meets a majority of electricity, gas, water, storm and sanitary the requirements of the Subdivision Control sewer. Ordinance. 9 Steve Services, Rayl Engineering, stated he Company and Roger and Michelle would answer any questions that the board Hoppes. may have. Approved 1st and 2nd readings for a rezoning from R-2 to R-3 for a .22 of an Mr. Spyers asked Mr. Stires in regards to the acre property located at 3216 Sherman variance for 20 percent green space that was Court for Amy Gordon. for Lot #1 and 25 percent for Lot #2? Mr. Approved 1st and 2nd readings for a Stires stated yes. rezoning from R-2 to R-4 for a .25 acre property located at 712 Ranike Drive Mr. Foltz asked that when a covenant is on for Emily Martin. file and they agree to build sidewalks, when Approved 1st and 2nd readings for a does that have to been done and what moratorium on the issuing of permits happens if that is not done? Mr. Widing for off-premise signs (billboards) for 12 stated that if they do not build it, then from a months. zoning enforcement standpoint we can take them to court. Mr. Kreegar stated then the judge can assess fines and court costs. ADJOURMENT Mr. Lamey asked if the property is sold, does Mr. Wilkerson made a motion to adjourned that covenant go with the property? Mr. the meeting at 6:16 p.m. Kreegar stated it runs with the land and is recorded. BY: ______________________________ Mr. Spencer asked Mr. Services if he foresees Jesse Wilkerson, President a problem with the landscaping covenant with the oncoming winter weather with completion ATTEST: ___________________________ of it. Mr. Widing stated he would like to see it Amber Lewis, Board Secretary done in the Spring. Mr. Spencer asked if they need to add that to a motion or is that just an enforcement issue? Vipul Modi, 5920 South Scatterfield Road, stated we could leave it exactly how it is that within 60 days the landscaping has to be completed, but not enforce it for 60 days. Mr. Widing stated that is exactly how he is looking at and if not completed by the first of summer then he would go see Mr. Modi. Mr. Spyers motioned to approve Petition #25-08 for the secondary plat for M3 Hotels Addition and forward it to the Board of Works for acceptance of the plat, covenants and easements. Mr. Yates seconded motion. Motion passed, 5 yes, 0 no, and 1 absention. CITY COUNCIL UPDATE Approved 1st and 2nd readings for a rezoning from R-2 to I-2 for a .284 of an acre property located at 405 East 38th Street for C.J. Boots Casket 10