Plan Commission

PLAN COMMISSION MINUTES February 24, 2009 MEMBERS PRESENT: ELECTION AND APPOINTMENTS Deborah Nelson, President Mr. Rayford made a motion to nominate Mrs. Greg Spencer, Vice President Nelson to be elected President of the Plan Mark Lamey, Member Commission. Mr. Spencer seconded. Motion Willie Rayford, Member was passed unanimously, 9 yes, 0 no. Gene Yates, Member Joseph Newman, Member Mr. Foltz made a motion to nominate Mr. Darin Foltz, Member Spencer for Vice President of the Plan Mike Spyers, Member Commission. Motion passed unanimously, 9 Mike Dauss, Member yes, 0 no. MEMBERS ABSENT: Mr. Spencer made a motion to appoint Mr. Yates as Historical and Cultural Preservation Commission Representative. Mr. Spyers OTHERS PRESENT: seconded. Motion passed unanimously, 9 yes, 0 no. Michael Widing, Development Director Tim Stires, Assistant Development Director Mr. Widing asked to amend the agenda and Stephanie George, Zoning Administrator ask the Commission to appoint the Plan Anna Allman, Board Secretary; and Commission Secretary and Historical William Kreegar, Assistant City Attorney Commission Secretary. Amber Lewis is moving on from the Department. Mr. Widing ROLL CALL AND DECLARATION OF A and Mr. Stires have selected Anna Allman as QUORUM: Ms. Lewis’ replacement. Mrs. Nelson called the meeting to order at Mr. Foltz made a motion to appoint Mrs. 4:33 p.m. Ms. George took roll call and Allman as secretary. Mr. Spyers seconded. declared a quorum with eight (8) members in Motion passed unanimously, 9 yes, 0 no. attendance. Mr. Widing asked to amend the agenda and Mr. Lamey arrived after roll call at 4:36 p.m. ask the Commission to appoint Linda Dawson to make nine (9) members in attendance. as the Planning Director for Long Range Planning. Mrs. Nelson performed the invocation and the Pledge of Allegiance was recited. Mr. Spyers made a motion to appoint Mrs. Dawson as Director Long Range Planning. Mr. Rayford seconded. Motion passed MINUTES: unanimously, 9 yes, 0 no. Mr. Spyers made a motion to approve the BUSINESS: January 27, 2009 minutes as submitted. Mr. Newman seconded. Motion passed, 8 yes, REQUEST TO BE WITHDRAWN 0 no. Mr. Lamey was not present yet. PETITION #02-09 SUBMITTED BY BILL RUNION FOR A ZONE MAP CHANGE 1 FROM R-2 TO R-4 LOCATED AT 1721 around the perimeter of the lot. The plat also EAST 10TH STREET. shows a 24 ft. sanitary easement running north to south through the center. A 150 ft. Mr. Stires stated this petition was continued legal drain easement is shown entering the last month at the request of the petitioner in plat from the northwest, continuing eastward order to give their newly hired attorney and then exiting the plat to the northeast. additional time to prepare. This proposed Staff notes there are high-tension electric rezoning is now ready for review and transmission lines running north to south consideration. along the west side of the plat. There are no public infrastructures involved with this Mr. Austin stated that Mr. Runion wanted to easement. withdraw the petition. The petitioner was granted a variance back in Mr. Spyers made a motion to withdraw December 2008 from the sidewalk Petition #02-09. Mr. Rayford seconded. requirement. Mr. Stires stated all plats under Motion passed unanimously, 9 yes, 0 no. our Subdivision Control Ordinance are required to install sidewalks. Hoosier Park PETITION #03-09 SUBMITTED BY went to the Board of Zoning Appeals for a HOOSIER PARK RACING AND CASINO variance requesting that they not be required AND BEAM, LONGEST AND NEFF FOR to put sidewalks along Virgil Cook and around A SECONDARY PLAT FOR A Dan Patch Circle. SUBDIVISION TO BE KNOWN AS HOOSIER PARK LOCATED AT 4500 DAN Mr. Stires stated staff recommends approval PATCH CIRCLE. of this secondary plat to be called Hoosier Park Racing and Casino Plat because it does Mr. Stires stated the Plan Commission meet the requirements of the Subdivision continued this petition in January, because Control Ordinance. If approved, this plat the vacation of a portion of East 41st Street should be forwarded on to the Board of Works, had not been completed. The vacation of the with the acceptance of the plat, easements, street has since been completed; therefore, and the covenants. this secondary plat can move forward. Mr. Bowen with Beam, Longest and Neff This property is located at 4500 Dan Patch stated Mr. Stires was very thorough. Circle, the site of the Hoosier Park Racing and Casino facility. The actual horse track began Mr. Rayford made a motion to approve the operations in 1995, while the casino facility secondary plat for Hoosier Park Racing and opened in June of 2008. This property does Casino and forward it to the Board of Works contain 141 acres with a split zoning of I-3 for acceptance of the plat, covenants and Industrial Reserved, B-3 Neighborhood easements. Mr. Spyers seconded. Motion Shopping Center and B-4 Community passed unanimously, 8 yes, 0 no. Mr. Shopping Center. The primary plat for Newman was not present. Hoosier Park property received Plan Commission approval on October 28, 2008. REQUEST FOR ACTION All utilities are available to the site including electricity, gas, water, storm and sanitary PETITION #05-09 SUBMITTED BY sewers. CROWN POINTE COMMUNITIES, LLC AND LARRY NEW FOR A REPLAT OF A The submitted secondary plat shows the SUBDIVISION TO BE KNOWN AS single lot with the required 60 ft. front CROWN POINTE OF ANDERSON, building setback line as the B-4 property REPLAT IV LOCATED IN THE 2600 fronts along Dan Patch Circle and Virgil Cook THROUGH 2700 BLOCKS OF EAST 2ND Boulevard. The plat also shows a 15 ft. STREET, 2700 BLOCK OF EAST 1ST drainage, utility and communication easement 2 STREET AND THE ZERO THROUGH 200 All infrastructures (water, electricity, gas, BLOCKS OF JASPER WAY. storm and sanitary sewers) currently exist and will remain private. Mr. Stires stated Petition #05-09 was submitted by Crown Pointe Communities, Staff is recommending approval of Crown LLC and Larry New. This property is located Pointe of Anderson, Replat IV, because it north of State Road 32, south of the Anderson meets the requirements of the Subdivision Christian School, east of Mustin Manor and Control Ordinance and will allow the owners west of Coventry Drive. This is the site of the to take advantage of the tax credit program. Crown Pointe of Anderson development, If approved, this proposed replat should be which consists of assisted living, duplexes and forwarded to the Board of Works for the single-family dwellings. The development acceptance of the replat, easements and contains 31.46 acres and carries a dual zoning covenants. of R-2 and R-3 Residential. This development received Plan Commission approval for a third The petitioner, Mr. Young, agreed with Mr. replat on April 26, 2005. Stires presentation. The biggest issue that they are trying to get accomplished is getting The petitioner is seeking approval for the it deeded off into each individual lot. fourth replat of the residential subdivision known as Crown Pointe of Anderson. The Mr. Newman asked if there were any new proposed replat IV shows nearly all of the streets going in? Mr. Widing stated that there changes will be concentrated on current Lot were not any new streets going in. They made #1 which is the site of eleven (11) duplexes / sure that all the private drives met the condominium structures for a total of 22 units. criteria for the Fire Department standards. The developer has been in discussions with the duplex owners about the creation of Mr. Spyers made a motion to approve Petition individual lots being laid out for each duplex #05-09 for a Replat IV of Crown Pointe unit. The replat indicates Lot #1 would be Communities and forward it to the Board of replatted and subdivided into 22 lots (Lots #9 Public Works for the acceptance of the replat, through #30), so each duplex unit would be easements and covenants. Mr. Spencer placed on an individual lot. Staff notes the seconded the motion. Motion passed whole purpose behind this latest replat is to unanimously, 8 yes and 0 no. Mr. Foltz was place each duplex unit on its own lot so the not present. owner can take advantage of the popular Homestead Credit on their taxes each year. REQUEST FOR ZONE MAP CHANGE The 22 lots will range in size from .07 to .30 of an acre. The replat also indicates a 15 ft. PETITION #06-09 SUBMITTED BY drainage, utility and communication easement KENNETH AND CHERYL BOWMAN, will be added around the perimeter of the 22 RICK G. GARDNER AND JOE E. AND lots on Lot #3, #4, #7 and #8. EDNA P. VAUGHN FOR A ZONE MAP CHANGE FROM R-2 TO B-4 LOCATED Staff notes the only other change or addition AT 2107, 2119 AND 2131 EAST 38TH to the Crown Pointe development in regards to STREET. Replat IV is, the placement of a five (5) ft. wide gas line easement along the south side of Mr. Stires stated Petition #06-09 is being East 1st Street (Lot #4), the east side of Jasper submitted by Kenneth and Cheryl Bowman, Way (Lots #4 and #5) and inside the Rick G. Gardner and Joe E. and Edna P. horseshoe-shaped area on Lot #4, which is Vaughn for a zone map change from R-2 to surrounded by Heritage Parkway, B-4 located at 2107, 2119 and 2131 East 38th Independence Avenue and Patriot Drive. Street. These three (3) properties are located in the 2100 block of East 38th Street on the south side, between the Speedway Convenience Store / Gas Station and Pulaski 3 Park. These properties contain 13.06 acres, Staff would urge Commission members to and are occupied by single-family homes. All review the following points as they consider the residences front East 38th Street and are this proposed rezoning: 1.) Is this B-4 zone zoned R-2 Residential. district the highest and best use of the land considering the adjoining R-2 and B-4 The petitioners come before the Plan zonings? 2.) Staff notes the proposed rezoning Commission seeking to rezone the affected could contribute to future additional traffic properties from R-2 Residential to B-4 congestion along the East 38th Street and Community Shopping Center. The R-2 zone South Scatterfield Road corridor; and 3.) How classification allows for single-family homes, much emphasis should be placed on the fact while B-4 is designed to meet the needs for the properties to the northeast (future retail shopping facilities in planned shopping Independent F.C.U., Walgreen’s and Office centers. A special exception is required in a Depot) are also zoned B-4? B-4 zone district. Staff notes this latest rezoning request is being proposed following Staff notes the 2009 Traffic Volume count several inquiries from the property owners on from the Madison County Council of the south side of East 38th Street over the past Governments (COG) for this section of East few years. The petitioners filed for the 38th Street registered 9,762 vehicles for an rezoning because of the rise in traffic and average daily count, while South Scatterfield noise along South Scatterfield Road and East Road has a daily traffic count of 27,428 38th Street over the past several years, which vehicles. has impacted their quality of life and their ability to enjoy their homes and property. Staff is recommending approval of the rezoning from R-2 to B-4 because the proposed Staff notes directly north and northwest of rezoning adjoins, abuts or is adjacent to these properties is East 38th Street and property already zoned B-1 or B-4. Staff notes several single-family homes zoned R-2 rezoning the acreage to B-4 brings the Residential. Staff notes directly north of the property partially into alignment with the Vaughn property (2131 East 38th Street) are City’s Comprehensive Plan (Community two homes rezoned to B-4 in 2006. Northeast Commercial) and will allow the petitioners to of the proposed rezoning is additional property sell their property for its commercial value zoned B-4. Directly east and southeast are and move to a less congested area and enjoy a properties zoned B-1 Local Business residential lifestyle. (Speedway Station, Buggy Bath, JCP Salon and three (3) residences). Directly or Mr. Rick Gardner, 2119 East 38th Street, bordering along the south side are eight agreed with Mr. Stires, everything single-family homes zoned R-2 Residential. surrounding his property is all commercial Further south is East 41st Street and to the property. He has not had anyone approach southwest are additional residences zoned R-2 him that has been negative in any way. Residential. Directly west is Anderson Parks Department property zoned R-2 which is Mr. Kenneth Bowman, 2107 East 38th Street, known as Pulaski Park. has lived on his property for thirty seven (37) years. He’s lived through the whole expansion Staff notes this rezoning request, if approved, of the Scatterfield Road corridor. He feels would place this acreage partially in conflict that 38th Street falls in line with that in terms with the City’s Comprehensive Plan, which of high traffic, high volume and the classifies half of the proposed rezoning as opportunity for business growth. Community Commercial and half as Medium Density Residential. Staff notes the Mr. Widing added any well-planned Comprehensive Plan serves as a guide to development, if this were raw land to begin future development, but is subject to change with, would find retail along the main as new potential development occurs. thoroughfares and find residential development behind to begin with. We are 4 going in reverse. There is market demand. We have well defined residential The proposed rezoning is not compatible with neighborhoods behind and the residential the Comprehensive Plan, but the neighborhoods along the major thoroughfares Comprehensive Plan allows adjustments to are now being absorbed by the commercial facilitate responsible development. developments. We can mark off the areas that can be defined for commercial development, Mr. Spencer added the proposed rezoning does while not affecting those neighborhoods establish a desirable precedent in the area behind. This is why staff recommends the because this site is already adjoining best-zoned class for this is B-4. properties that are already B-1 and B-4 sites and this will allow for needed commercial Mr. Chris Ray (1916 East 41st Street) stated development. Mr. Spencer added public his back yard opens up to Mr. Bowman’s utilities are available to support the proposed beautiful 9-acre woods. Mr. Ray wanted the rezoning. Commission to know that there would probably be more people coming forward to Mr. Rayford seconded the motion. Motion rezone more properties if the above mentioned passed unanimously, 8 yes and 0 no. Mr. is rezoned. Foltz was not present. Mr. Spencer asked Mr. Widing if something Mr. Widing introduced Mr. Todd Davis. Mr. were to go in there, doesn’t the zoning require Davis and his Boy Scout troop # 2240 out of some buffer? Mr. Widing stated that it was Bethany Christian Church visited the meeting part of Figure 9 requirements. because they are working on getting their Communication Merit badge as well as Mr. Spencer made a motion to approve Citizenship in the Community merit badge. Petition #06-09 to this Commission for its They have to attend a city meeting and write consideration: the proposed rezoning would a report on what they saw. be conserving the property values throughout the neighboring districts because the rezoning CITY COUNCIL UPDATES would allow for development that should enhance property value. In addition, allow Approved 1st, 2nd and 3rd readings of existing business zoned sites, either B-1 or Ordinance vacating western half of B-4, to continue to the public park, which East 41st Street on the north side of would serve as a nice, natural buffer to this Hoosier Park Racing and Casino. site and provide a piece of property that would be prime development. Approved 1st and 2nd readings of Ordinance #07-09 Amending Exit #22 The proposed rezoning would be considered Interstate Sign Ordinance eliminating responsible development and growth because expiration deadline. the site already abuts properties that are B-1 or B-4 and a public park. MISCELLANEOUS The proposed rezoning would be the most desirable use for the land, because it will Mr. Widing asked Mrs. Nelson and Mr. allow for continued business development in Rayford to sign Mr. Rayford’s oath for the the community, which will hopefully bring in Board of Zoning Appeals, because he is the new businesses and create jobs in the city. appointee from the Plan Commission to the Board of Zoning Appeals. The proposed rezoning would not affect the current conditions and the character of the Mr. Widing asked Mrs. Nelson to review and existing structures in the area because the sign the Department’s Mission Statement and site is adjacent to existing B-1 or B-4 a Code of Ethics, if she agrees with it. properties and a public park. 5 Mr. Spencer asked Mr. Widing if other Departments had similar statements like that and if Mr. Widing would be willing to share it with them. Mr. Widing stated that as we go forward with reviewing all of our Zoning Ordinances, we’re going to start putting those before you in chunks, not in one big piece. ADJOURMENT Mrs. Nelson adjourned the meeting at 5:26 pm. BY: ______________________________ Deborah Nelson, President ATTEST: ___________________________ Anna Lise Allman, Board Secretary 6