Plan Commission

PLAN COMMISSION MINUTES January 27, 2009 MEMBERS PRESENT: MINUTES: Mark Lamey, Pro-Temp President Mr. Spencer made a motion to approve the Greg Spencer, Member December 9, 2008 minutes as submitted. Willie Rayford, Member Mr. Rayford seconded. Motion passed, 6 yes, Darin Foltz, Member 0 no. Mr. Yates was not present yet. Mike Dauss, Member Michael Spyers, Member ELECTION AND APPOINTMENTS Gene Yates, Member Mr. Widing stated that the members could go MEMBERS ABSENT: forward with elections of officers or they could continue to next month when a full board is Deborah Nelson, Vice-President present. Joseph Newman, Member Mr. Spencer made a motion to continue the OTHERS PRESENT: election of officers to next month’s scheduled meeting. Mr. Spyers seconded. Motion Michael Widing, Development Director passed unanimously, 6 yes, 0 no. Mr. Yates Tim Stires, Assistant Development Director was not yet present. Stephanie George, Zoning Administrator Amber Lewis, Board Secretary; and Mr. Spyers made a motion to approve the William Kreegar, Assistant City Attorney legal services contract with Mr. Kreegar. Mr. Spencer seconded. Motion passed ROLL CALL AND DECLARATION OF A unanimously, 6 yes, 0 no. Mr. Yates was not QUORUM: yet present. Mr. Spyers made a motion to appoint Mr. Mr. Spyers made a motion to appoint Mr. Lamey to chair the meeting. Mr. Dauss Widing Director of Municipal Development seconded the motion. Motion passed and Planning. Mr. Foltz seconded. Motion unanimously, 6 yes, 0 no. passed unanimously, 6 yes, 0 no. Mr. Yates was not yet present. Mr. Lamey called the meeting to order at 4:33 p.m. Ms. Lewis took roll call and Mr. Spencer made a motion to appoint Ms. declared a quorum with six (6) members in Lewis as secretary. Mr. Foltz seconded. attendance. Motion passed unanimously, 6 yes, 0 no. Mr. Yates was not yet present. Mr. Rayford arrived during roll call at 4:35 pm to make six (6) members in attendance. BUSINESS: Mr. Yates arrived after roll call at 4:49 p.m. to REQUEST FOR CONTINUANCE make seven (7) members in attendance. PETITION #02-09 SUBMITTED BY BILL Mr. Spencer performed the invocation and the RUNION FOR A ZONE MAP CHANGE Pledge of Allegiance was recited. FROM R-2 TO R-4 LOCATED AT 1721 EAST 10TH STREET. 1 Mr. Stires stated that Mr. Runion called the 3200 block of West 67th Street on the north stating that he was obtaining counsel. Mr. side. This property contains five (5) acres and Austin, attorney for Mr. Runion, requested a has a split zoning of R-2 Residential and I-3 continuance so he could have more time to Industrial Reserved. All utilities are available review the file and would be ready to proceed to the site including electricity, gas, water, at the next scheduled meeting. storm and sanitary sewer. Mr. Spencer made a motion to continue Mr. Stires stated the petitioner is seeking Petition #2-09 to the next scheduled meeting. primary plat approval to create a single lot Mr. Rayford seconded. Motion passed subdivision to be known as Water Tower unanimously, 6 yes, 0 no. Mr. Yates was not Addition. The proposed single lot has been yet present. earmarked for a 125 ft. high municipal water tower for the Anderson Water Department. PETITION #03-09 SUBMITTED BY The primary plat shows a 75 ft. front building HOOSIER PARK RACING AND CASINO setback line as the lot fronts West 67th Street AND BEAM, LONGEST AND NEFF FOR and Park Road. The plat shows the required A SECONDARY PLAT FOR A 15 ft. drainage, utility and communication SUBDIVISION TO BE KNOWN AS easement around the perimeter of the lot. HOOSIER PARK LOCATED AT 4500 DAN PATCH CIRCLE. Mr. Stires stated there is a 50 ft. wide dedication of right-of-way along the east side Mr. Stires stated there are some issues with of Park Road, and 60 ft. dedication of right-of- the street vacation and the petitioners were way along the north side of West 67th Street. requesting a continuance to next scheduled meeting. Mr. Stires stated the plat was reviewed by the Plat Review Committee on Tuesday, January Mr. Spyers made a motion to continue Petition 6, 2009. Some minor revisions were suggested #03-09 until the next scheduled meeting. and completed. Mr. Spencer seconded. Motion passed unanimously, 6 yes, 0 no. Mr. Yates was not Mr. Stires stated the City’s Comprehensive yet present. Plan classifies this property as Medium Density Residential which is defined as REQUEST FOR ACTION primarily single family housing, and can be distinguished from Low Density Residential PETITION #01-09 SUBMITTED BY CITY area by the smaller lot sizes and setbacks, OF ANDERSON AND TOM BREWER, higher density and possibly smaller home ANDERSON WATER SUPERINTENDENT sizes. Since the petitioner is proposing a FOR A PRIMARY PLAT FOR A municipal water tower, this plat should be SUBDIVISION TO BE KNOWN AS considered in conflict with the City’s WATER TOWER ADDITION LOCATED Comprehensive Plan. Staff would note the IN THE 6600 BLOCK OF PARK ROAD ON Comprehensive Plan is a guide for future THE EAST SIDE AND THE 3200 BLOCK development, but is always subject to possible OF WEST 67TH STREET ON THE NORTH change as potential new development occurs. SIDE. Mr. Stires stated the staff is recommending Mr. Stires stated Petition #01-09 submitted by the Plan Commission approve the primary City of Anderson and Tom Brewer, Water plat for the Water Tower Addition because it Superintendent for a primary plat for a meets the requirements of the Subdivision subdivision to be known as Water Tower Control Ordinance. If approved, this plat Addition. should not be forwarded to any other governmental unit. Mr. Stires stated the property is located in the 6600 block of Park Road on the east side and 2 Mr. Spencer asked if this petition would come before the Board of Zoning Appeals? Mr. Mr. Rayford made a motion to approve Widing stated that it would come before the Petition #01-09 for a primary plat for a one lot Board of Zoning Appeals as a special subdivision to be known as Water Tower exception. Addition. This plat, if approved, is not to be forwarded to any other governmental unit. Mr. Spencer asked as a follow up does this Mr. Spyers seconded the motion. Motion have to go before the City Council? passed unanimously, 7 yes and 0 no. Mr. Widing stated that no it does not. PETITION #04-09 SUBMITTED BY Mr. Steve Servies, Rayl Engineering, stated SECURE STORAGE OF INDIANA, LLC, they plan on being at the next Board of Zoning CHARLES CAMPBELL AND HIGHLAND Appeals meeting for a special exception. INVESTMENTS OF DALTON, LLC FOR A REPLAT OF A SUBDIVISION TO BE Karen Beechboard, 3206 West 67th Street, KNOWN AS A REPLAT OF OUTLOT “D- asked if they were putting an addition in or 1” IN MIDSTATE DEVELOPMENT, just a water tower? Mr. Brewer stated a SECTION TWO LOCATED AT 1813 EAST water tower. 53RD STREET. Mrs. Beechboard asked if they would have to Mr. Stires stated Petition #04-09 submitted by tie into the City water? Mr. Brewer stated Secure Storage of Indiana, LLC, Charles they could continue to use private wells. Campbell and Highland Investments, LLC of Dalton for a replat for a subdivision to be Mr. Spencer asked since Mr. Brewer stated known as a replat of Outlot “D-1” in Midstate this water tower is to help Nestle, then why do Development, Section Two. we need this water tower? Mr. Brewer stated that this is not only for Nestle, but for the Mr. Stires stated this property is located in citizens because they will suffer water the 1800 block of East 53rd Street on the south pressure problems without the tower. side. It contains 1.642 acres, is zoned I-1 Light Industrial and is a vacant parking lot, Mr. Lamey asked if this would help for future which formerly served the former Furrow’s economic development of that area? Store (now Secured Storage). This property Mr. Brewer stated that it would help in future received replat approval from the Plan economic development. Commission on May 23, 2006. Mr. Spencer asked how is the project funded? Mr. Stires stated the petitioner is seeking Mr. Brewer stated with a bond fund that is replat approval for a second time to subdivide already in the bank waiting to pay for the the former parking lot (Outlot D-1) into a two project. (2) lot replat to be known as a Replat of Outlot D-1 in Midstate Development, Section Two. Mr. Spencer asked if he anticipated any rate The two proposed lots (D-3 and D-4) will range increases to water utility customers because of in size from .706 to .938 of an acre. This the project? Mr. Brewer stated no, because replat shows Outlots D-3 and D-4 with a 30 ft. that was already figured in the last rate front building setback line as the lots front increase. East 53rd Street and the cross access easement to the east. Mr. Spencer asked if this money was approved by the Indiana Utility Regulator Commission? Mr. Stires stated the proposed replat shows Mr. Brewer stated yes and that was part of various existing drainage, utility, the rate study. maintenance, communication, sanitary and ingress / egress easements around the Mr. Spencer asked if this was approved by perimeter of the proposed replat. These City Council? Mr. Brewer stated yes. easements range from 7.5 ft. to 24 ft. wide. A 3 5 ft. wide non-access easement is noted along seconded the motion. Motion passed the north property line of both lots in order to unanimously, 7 yes and 0 no. prevent the creation of any new access drive onto East 53rd Street. MISCELLANEOUS Mr. Stires stated a 5 ft. wide concrete Mr. Widing stated Ordinance #15-06 sidewalk was constructed along the north side regarding Exit #22 for Interstate Signage was of both proposed lots by the owner in 2006, recommended to City Council and was thus meeting the Subdivision Control adopted. The Ordinance allows four (4) Ordinance platting requirement for sidewalks interstate signs within 1500 ft. of the center of along a right-of-way. Staff adds there are no the intersection of Interstate 69 and Dr. infrastructure improvements involved with Martin Luther King Jr. Boulevard. this proposed replat; therefore, no Engineer’s estimate or bond is required. Mr. Widing stated the parameters for interstate signs are a freestanding on-premise Mr. Stires stated the City Comprehensive pole sign in a B-1, B-2, B-3, or B-4 zone Plan has defined this property as Regional district not exceeding 420 square feet per side Commercial which provides commercial on a double-sided sign with a height of not services that draw people from outside the more than 85 feet. The sign shall have a immediate area. Some of the services found in minimum clearance of ten feet between the Regional Commercial areas include large bottom of the sign and the grade or sidewalk chain stores, restaurants, hotels, gas stations, level. Permitted signs shall be located within retail outlets and entertainment. The a radius of 1500 feet from the geographical petitioner is proposing to construct a Sonic center of such intersection. No more than four Restaurant on a portion of this replat; interstate signs shall be permitted at this therefore, this replat is not in conflict with the intersection. A minimum distance of 20 feet City’s Comprehensive Plan. shall be required for front, rear and side yard setbacks. Only one other pole or pylon sign Mr. Stires stated the staff is recommending shall be permitted on the same parcel as an approval of the proposed replat because it interstate sign. No readerboards or flashing meets the requirements of the Subdivision lights shall be permitted on an interstate sign. Control Ordinance, and creates two) An interstate sign owner may lease sign space commercial lots for potential businesses. to off-site businesses that are located within 3000 feet of the geographical center of Exit 22. Steve Servies, Rayl Engineering, stated that Once an interstate sign becomes inactive for a these two (2) outlets do have access to the period of one year, the pole and sign shall be traffic signal adjacent to National City Bank. removed. An Improvement Location Permit There is also an existing driveway that is a shall be obtained prior to placement of an cross access easement between the bank, interstate sign, and shall require the payment Pizza Hut and Target. of a fee in the amount of $500.00 at the time of the application. Finally, this ordinance Mr. Spencer asked what does ingress and expires after three years after the date of egress mean? Mr. Widing stated ingress adoption. means traffic in and egress means traffic out. Mr. Servies stated that it serves the purpose Mr. Widing stated this ordinance was adopted as cross access. in March 2006 and will expire in March of 2009. The purpose in adding the last clause Mr. Spyers made a motion to approve Petition was because the previous administration #04-09 for the replat of Outlot D-1 in Midstate thought this would spur economic Development, Section Two and to forward it to development activity at Exit #22. Our office the Board of Works for the acceptance of the only issued one Improvement Location Permit replat, covenants and easements. Mr. Rayford for an interstate sign to Skyline Chili. No other economic development activity took 4 place because of this interstate sign Mr. Foltz made a motion to adjourn the ordinance. meeting at 5:25 p.m. Mr. Spyers seconded the motion. Mr. Widing stated he still feels that this is a good ordinance, because there is a need for interstate signs. Many communities have BY: ______________________________ interstate sign ordinances. He stated he is Mark Lamey, Pro-Temp President recommending and asking the Plan Commission to recommend to the City Council ATTEST: ___________________________ that we keep all the standards in place, but Amber Lewis, Board Secretary just remove the time limit. Mr. Spencer asked why was the time limit put on there to begin with? Mr. Widing stated the previous administration thought by putting a time limit on there it would cause businesses to think they had to hurry to get out there in order to get an interstate sign. Mr. Spencer asked has that happened in the past? Mr. Widing stated no, but that was their thinking. Mr. Widing stated whatever ordinance you recommend to the City Council and if they do not like it, they have to send it back to the Plan Commission. Mr. Spencer made a motion to recommend to the City Council that they readopt Ordinance #15-06 without the three (3) year expiration time line. Mr. Rayford seconded the motion. Motion passed unanimously, 7 yes and 0 no. CITY COUNCIL UPDATES Approved 3rd reading of a Zone Map Change from B-3 to B-1 for 2725 Enterprise Drive (ModernSkin/Validus Academy). Denied Zone Map Change from R-3 to I-1 for the 2300 block of Forkner Street (Tim White). Approved 1st, 2nd and 3rd readings of a street vacation (dead end of East 17th Street/north of Long John Silver’s Restaurant). ADJOURMENT 5