Plan Commission

PLAN COMMISSION MINUTES April 28, 2009 MEMBERS PRESENT: BUSINESS: Deborah Nelson, President Greg Spencer, Vice President PETITION #07-09 SUBMITTED BY Willie Rayford, Member ANDERSON COMMUNITY Mark Lamey, Member DEVELOPMENT FOR A REPLAT OF Joseph Newman, Member LOTS #35 AND #36, PARTS OF LOTS #33 Mike Dauss, Member AND #34 AND PART OF A VACATED ALLEY IN HAZELWOOD ADDITION TO MEMBERS ABSENT: BE KNOWN AS LOTS #560, #561 AND Gene Yates, Member #562 IN HAZELWOOD ADDITION Darin Foltz, Member LOCATED IN THE 700 BLOCK OF WEST Mike Spyers, Member 17TH STREET ON THE SOUTH SIDE AND THE 1700 BLOCK OF SHERIDAN STREET ON THE WEST SIDE. OTHERS PRESENT: Mr. Stires stated Mr. Widing and Mrs. Allman Michael Widing, Development Director were out of town, on their way back. They Tim Stires, Assistant Development Director phoned about 45 minutes ago saying they Stephanie George, Zoning Administrator were on their way back. They have been in a William Kreegar, Assistant City Attorney; and workshop seminar down in Indianapolis. Dave Wilbur, Senior Zoning Administrator They may be back before the end of meeting. ROLL CALL AND DECLARATION OF A Mr. Stires stated Petition #07-09 has been QUORUM: submitted by Anderson Community Development Department. They are seeking Mrs. Nelson called the meeting to order at to replat four (4) lots. The four (4) lots being 4:32 p.m. Ms. George took roll call and replatted also include a vacated alley, which declared a quorum with five (5) members in was vacated by the City Council earlier this attendance. month. This property is located in the 1700 block of Sheridan Street on the west side and Mr. Dauss performed the invocation and the the 700 block of West 17th Street on the south Pledge of Allegiance was recited. side. This property is zoned R-3 Residential, and contains .519 of an acre. There’s an Mr. Lamey arrived after roll call at 4:34pm. existing home on the northwest corner of the acreage. A second home, currently under construction, is located on the northeast MINUTES: corner of the acreage on existing Lots #33 and #34. There is room for two additional homes to Mr. Newman made a motion to approve the be built, south of the home currently being March 24, 2009 minutes as submitted. Mr. built. Rayford seconded. Motion passed, 6 yes, 0 no. The proposed replat shows a 25 ft. front setback line for Lot #561 as it fronts West 17th Street and a 20 ft. front setback for Lots #561, #562 and #563 as they front Sheridan Street. Lot #560 has a 15 ft. front building setback 1 line as it fronts West 17th Street. The existing #36 in Hazelwood Addition for approval by the house on proposed Lot #560 is considered a Plan Commission and forwarding it to the lawful non-conforming use. The petitioner is Board of Public Works for acceptance of the seeking a variance from the Board of Zoning replat, easements and covenants. The Appeals (May 6, 2009) from the required 40 ft. surveyor for this replat is here, Mr. Dick Ward front building setback line as specified under and Deb King from Community Development. the Subdivision Control Ordinance. Staff would note the new homes being built through Richard Ward, Surveyor at 920 Main Street, the Community Development Department will Anderson. have setbacks similar to the average setbacks of existing homes in the neighborhood. The Mr. Newman stated he had a conversation proposed replat also shows the required with Ms. King last month, between the two of drainage, utility and communication easement them, they have a hundred years in that ranging from 7.5 ft. to 15 ft. wide around the neighborhood. He never knew there was an perimeter of the lots. The replat also notes the alley. vacation of a 10 ft. wide east / west alley through the center of the replat along the Mr. Ward stated it wasn’t an alley that was north side of Lots # 562 and the south end of originally platted with the subdivision it came Lot #560. along later. He’s not sure why, someobody wanted it and went thru correct proceedings This property consists of four (4) platted lots to have it put in. in Hazelwood Addition. These lots are owned by the Anderson Community Development Mr. Newman asked if Mr. Ward was coming Department and Rural Opportunity Housing anywhere near the railroad line? Mr. Ward Corporation of Indiana. The Community said no. Development Department plans to build two additional homes on the southern half of the Mr. Spencer made a motion to approve acreage. Petition #07-09 subject to Petitioner receiving a variance with Board of Zoning Appeals. Mr. The petitioner is seeking to replat Lots #33, Lamey seconded. Motion passed #34, #35 and #36 in Hazelwood Addition into unanimously, 6 yes, 0 no. four reconfigured lots. The current lots are identical in size at .158 of an acre. The four (4) PETITION #09-09 (ORDINANCE #10-09) new lots will range in size from .109 to .191 of SUBMITTED BY ELDA CORPORATION an acre. The petitioner, in conjunction with FOR A PETITION TO VACATE CERTAIN the Rural Opportunity Housing Corporation, LOTS IN GILMORE’S FERNDALE filed the replat to enable the three new homes ADDITION AND IRONDALE ADDITION to have some additional yard space and LOCATED IN THE 1600 THROUGH 1800 spacing between the new homes. BLOCKS OF EAST 19TH STREET ON THE SOUTH SIDE, 1600 THROUGH 1800 All utilities area available to the site. All BLOCKS (UNIMPROVED) EAST 20TH infrastructure improvements, including STREET, 1700 BLOCK OF EAST 22ND sidewalks already exists; therefore, no bond is STREET ON THE NORTH SIDE AND required. 1900 BLOCKS OF “C” AND “D” STREETS. Staff is recommending approval of the replat Mr. Stires stated this petition is directly of Lots #33, #34, #35 and #36 in Hazelwood connected to last month’s primary plat that Addition, because it does meet a majority of encompassed the Mounds Mall area. This is a the requirements of the Subdivision Control proposed five (5) lot subdivision. The area has Ordinance and creates four (4) new buildable never been platted, as far as laying out the lots. Staff is recommending the final plat of lots, building set back lines, easements, etc. Lot #560, #561, #562 and #563 in Hazelwood Addition in a Replat of Lots #33, #34, #35 and 2 These properties are located in the 1600 the lots, streets and alleys they will be ready through 1800 blocks of East 19th Street on the for the final platting process to move forward. south side, 1600 through 1800 blocks of The reasoning behind all of this was originally (unimproved) East 20th Street, 1900 blocks of the desire by the Cook family to give the “C” and “D” Streets and 1700 blocks of East theater to the Bridge Church which has pretty 22nd Street on the north side. These properties substantial plans to improve the building and border the north and west sides of Mounds property. The church is wanting to move Mall. The northern lots consists of 64 platted forward as soon as possible. lots which are part of the Irondale Addition. These properties contain 9.26 acres, are zoned Mr. Beeman stated he was involved with the B-1 Local Business and is the site of the St. John’s plat a few years ago where we had a Mounds Mall parking lot and Clip Zone similar situation. We had 130 old residential beauty shop. The western lots consists of nine lots that had not been used residentially for (9) platted lots which are part of Gilmore’s years and never would be again. It’s just an Ferndale Addition. These properties contains administrative headache to have that many 1.60 acres, are zoned B-2 General Business lots platted with different tax parcels. Mr. and is the site of a residence and a former Beeman stated it is a similar situation here movie theater. All utilities are available to the where they have to deal with all of the tax site including electricity, gas, water, sanitary bills. Since it had never been platted, it and storm sewers. makes it nearly impossible to transfer property, if it ever was sold. There are no The petitioner is seeking to vacate these 73 plans to do that, but this platting process platted lots. The Anderson Plan Commission would enable them to at least move that recently approved a five lot primary plat for forward in the future, without going through the Mounds Mall area, which will include the all of this once again. 73 platted lots. In order to incorporate the 73 platted lots into the five-lot subdivision, the Mr. Beeman stated he had three (3) people lots must be vacated as required by State call him in response to the notices, who where Statute (I.C. 36-7-3.) The petitioner, as owners of Irondale Addition lots. He said he required, has formally notified the owners of explained the situation to them, and they the remaining lots in Irondale Addition and were in favor of it and had no problem with it. Gilmore’s Ferndale Addition of their intention to vacate the 73 platted lots. Mr. Spencer asked Mr. Ward why it would be in the public’s interest to vacate these lots? Staff is recommending approval of vacating the 73 platted lots, because the vacation is Mr. Ward stated it would be in the public’s necessary in order to make way for a five-lot interest because it would cause less confusion platted subdivision. In summary, the vacation as far as the taxing authority for one thing to of the lots will allow the petitioner to begin or minimize the number of tax parcels that are start over with a blank slate or canvas. This out there. There were over seventy (70) vacation is not to be forwarded to any other parcels that were going to be consolidated governmental unit. The vacation will down to five (5) parcels eventually, so there’s eventually need to be recorded in the Madison less expense for the County to assess it, tax it, County Recorder’s Office. send out the notices. Mr. Ward added as far as the tracked records, it’s going to make it a Mr. Tom Beeman, local attorney, 33 West 10th lot cleaner. Street, Suite 200, in Anderson, Indiana. Mr. Beeman represents Elda Corporation. Mr. Rodney Lewis, 1608 East 18th Street, Mr.Beeman stated they had a petition with Anderson, Indiana, wants to make sure this the City Council pending to vacate the streets won’t effect him. and right-of-ways in this exact same area which will be heard at the next meeting in Mr. Newman asked Mr. Lewis if he received a May. Mr. Beeman added with the vacations of notice. 3 Mrs. Nelson stated these were all technicalities in platting the Mall and Mr. ADJOURMENT Lewis would be fine. Mrs. Nelson adjourned the meeting at Mr. Spencer made a motion to approve 4:57 pm. Petition #09-09 (Ordinance #10-09), a petition to vacate certain Lots, based on the following Finding of Facts: (1.) The conditions in the platted areas have changed so as to defeat the BY: ______________________________ original purpose of the Plats. (2.) The original Deborah Nelson, President plats were based on Residential, which is unlikely to occur again because this site is ATTEST: ___________________________ part of the Mounds Mall, there should not be Anna Lise Allman, Board Secretary Residential construction on this site again. (3.) It is in the public interest to vacate these lots because it will cause much less confusion in taxing these properties, which will make the Government more efficient not having to figure out where all these different tax bills need to go to and; (4.) the value of the land and the purposed vacation of lots will not be diminished because it’s already part of the Mounds Mall area and this isn’t going to change that. The value of the land is not going to be affected in a dramatic way. Mr. Rayford seconded. Motion passed 5 yes, 0 no. Mr. Dauss had to abstain. CITY COUNCIL UPDATES Approved 3rd reading for a rezoning from R-2 to B-4 for 2109, 2119 and 2131 East 38th Street. Approved all three (3) readings of an alley vacation for a replat at West 17th Street and Sheridan Street. MISCELLANEOUS Mr. Spencer asked if there was any progress on the other Communities and their fee structures? Ms. George stated Mr. Widing has that information. 4