Plan Commission

PLAN COMMISSION MINUTES May 26, 2009 MEMBERS PRESENT: BUSINESS: Deborah Nelson, President PETITION #11-09 SUBMITTED BY ELDA Greg Spencer, Vice President CORPORATION FOR A SECONDARY Gene Yates, Member PLAT FOR A SUBDIVISION TO BE Mark Lamey, Member KNOWN AS VIRGIL E. COOK, SECTION Joseph Newman, Member ONE LOCATED AT 2001 SOUTH Darin Foltz, Member SCATTERFIELD ROAD (MOUNDS Mike Spyers, Member MALL), 1600 THROUGH 1800 BLOCKS Mike Dauss, Member OF EAST 19TH STREET ON THE SOUTH SIDE AND 1700 BLOCK OF EAST 22ND MEMBERS ABSENT: STREET ON THE NORTH SIDE Willie Rayford, Member (RESIDENCE AND FORMER MOUND’S CINEMA.) OTHERS PRESENT: Mr. Stires stated this property is located in Michael Widing, Development Director the 1900 through 2200 blocks of South Tim Stires, Assistant Development Director Scatterfield Road on the west side, 2109 South Stephanie George, Zoning Administrator Scatterfield Road (Mounds Mall), 2101 South William Kreegar, Assistant City Attorney; and Scatterfield Road (extended), 1600 through Anna Allman, Plan Commission Secretary 1800 blocks of East 19th Street on the south side and the 1700 block of East 22nd Street on ROLL CALL AND DECLARATION OF A the north side. This property contains 44 acres QUORUM: and has a split zoning of B-1 Local Business, B-2 General Business and R-3 Residential. Mrs. Nelson called the meeting to order at This acreage, for the most part, is known as 4:30 p.m. Ms. George took roll call and Mounds Mall along with the other nearby declared a quorum with seven (7) members in businesses like Don Miller Tire, The Clip attendance. Zone, National City Bank, Texas Roadhouse, and a former movie theater. All utilities are Mr. Yates performed the invocation and the available to the site including electricity, gas, Pledge of Allegiance was recited. water, storm and sanitary sewers. The petitioner received primary plat approval for a Mr. Lamey arrived after roll call at 4:40pm. five (5) lot subdivision from the Plan Commission on March 24, 2009. MINUTES: Mr. Stires stated the petitioner is seeking secondary plat approval for a five (5) lot Mr. Spyers made a motion to approve the subdivision to be known as Virgil E. Cook, April 28, 2009 minutes as submitted. Mr. Section One Plat, a commercial development. Spencer seconded. Motion passed, 7 yes, 0 no. The submitted plat shows the proposed five (5) lots will range in size from 2.297 acres to 30.585 acres. The purpose of this plat is the desire of the Virgil E. Cook family to plat the Mounds Mall property theater site. The Cook family is donating the theater property (former Mounds Cinema) to the local Bridge 1 Church in memory of their deceased mother, obtaining a sidewalk variance through the who was a member of the church. Board of Zoning Appeals. The Board meets on June 3, 2009. Mr. Stires stated the submitted secondary plat shows a 25 ft. and 30 ft. building setback line Staff is recommending approval of this five lot as Lots #1, #3, #4 and #5 front Ohio Avenue, secondary plat as it meets a majority of the East 19th Street, East 22nd Street and South requirements of the Subdivision Control Scatterfield Road respectively. The plat shows Ordinance. If approved this plat should be the required 15 ft. drainage, utility and forwarded on to the Board of Works for the communication easement around the acceptance of the plat, covenants, and the perimeter of the five (5) lot plat. A 15 ft. easements. That is only after the Board of ingress / egress easement is shown along the Zoning Appeals acts on the variance in south side of Lot #5. The proposed plat also regards to the sidewalks. shows a 7.5 ft. drainage, utility and communication easement along each side of Rick Durham, Durham Engineering (6215 the property line and between Lots #1 and #2, West 8th Street, Anderson, Indiana) stated he Lots #2 and #3 and Lots #4 and #5. A 50 ft. prepared the platting services. wide ingress / egress easement is noted along the property line between Lots #1, #2, #3 and Mr. Widing stated any motion to approve #5. The plat also shows the Pittsford Legal should be subject to the variance being Drain easement and the Floodway is in place submitted at the Board of Zoning Appeals. along the west sides of Lots #1, #2 and #3. A recorded sanitary sewer easement is also Mr. Spencer made a motion to approve the noted along the west side of Lots #1 and #2. secondary plat, Petition #11-09, for Virgil E. The plat also shows an access easement for Cook, Section One and forward it to the Board Mounds Mall Development Corporation of Public Works for acceptance of the plat, encumbering the entire Lot #5 and extending covenants, easements and variance, after the through Lot #10 in a Replat of Mounds Mall sidewalk variance is acted on by the Board of Addition to the south. Zoning Appeals. Mr. Spyers seconded. Motion passed unanimously, 6 yes, 0 no. Mr. The proposed plat shows a dedication of right- Dauss had to abstain. of-way for South Scatterfield Road ranging from 90 ft. to 111 ft. along the east side of the PETITION #12-09 SUBMITTED BY THE plat. East 19th Street is shown with a right-of- LAUBACHER COMPANY / JASON KING way dedication of 57 ft., and East 22nd Street AND THE MADISON PARK CHURCH OF has a 20 ft. right-of-way. GOD FOR A SECONDARY PLAT FOR A SUBDIVISION TO BE KNOWN AS Staff notes there are no public infrastructure MADISON PARK, SECTION TWO improvements involved with this proposed LOCATED IN THE 1000 THROUGH 1100 with this five lot plat; therefore, there is no BLOCKS OF EAST 67TH STREET ON THE engineer’s estimate or bond required. SOUTH SIDE. Staff notes the City’s Comprehensive Plan Mr. Stires stated this property is located in classifies a majority of this proposed plat as the 1000 through 1100 blocks of East 67th Regional Commercial and the remainder as Street on the south side. This property is Community Commercial. This plat is not in directly south of the Madison Park Church of conflict with the City’s Comprehensive Plan. God. This property contains 8.374 acres and is zoned B-1 Local Business. Staff-wise we did Staff notes the petitioner does plan to address accept the revised or amended primary plat the issue of the required 5 ft. wide concrete for Madison Park primary plat. Which was sidewalks. If this plat is approved, the originally accepted four or five years ago? forwarding of this plat to the Board of Works They have amended it to amend in this single should be contingent upon the petitioner lot to be added. They have reconfigured this 2 lower lot which was running along the south Ordinance. This plat, if approved, is to be side of this plat. This is a follow up to the forwarded to the Board of Public Works for amending of the primary plat, by seeking the acceptance of the plat, easements and secondary or final plat for this lot. This is the covenants. future site of a three story, 102-unit, assisted living apartment complex and one story, 30- Steve Servies, Rayl Surveying and unit adjoining dementia complex. All utilities Engineering, stated he will answer any are available to the site including electricity, questions. gas, water, storm and sanitary sewers. The Plan Commission approved a Primary Plat for Mr. Newman asked if the land this three- this and surrounding property in August story, 102-unit building will sit on is on 2003. An amended primary plat was accepted church property? by Staff on May 14, 2009. Mr. Servies stated it was part of what will be The petitioner is seeking secondary plat platted as plat two but, it will be sold. approval to plat an 8.374-acre site into a single lot subdivision to be known as Madison Jason King, The Laubacher Company, stated Park, Section Two. The proposed plat shows they will be purchasing the land from the the single lot will front onto East 67th Street church to develop. and will have a 30 ft. front building setback line. The proposed single lot plat shows a Mr. Widing stated all of our concerns have required 15 ft. drainage, utility and been answered and they have added more communication easement around the property to the project. In the initial stages, perimeter of entire lot. A 30 ft. ingress-egress, there wasn’t enough property for size of the cross access easement is noted along the north facility that they had initially proposed. They side of the plat. A 15 ft. ingress-egress, cross have increased the size of acreage, so it now access easement is shown along the west and meets the City Ordinance. south sides of the plat. These easements will accommodate the private road or driveway, Mr. Spencer asked Mr. King if they’ve done which will access the front (north), side (west) some market research that shows that and rear (south) of the proposed lot. The Anderson needs another assisted living proposed plat also shows a detention housing development. easement on the eastern half of the proposed lot Mr. King stated they did do some market researching. However, they are a little Mr. Stires stated the plat also shows an different, because their facility accepts people existing 80 ft. right-of-way dedication (2.159 that have a lower income. So people that rely acres) for East 67th Street as it extends west of on Social Security income or Medicaid have Columbus Avenue out in front of this this option. purposed development. Mrs. Nelson asked if this was an assisted Staff notes the petitioner intends to comply living level of care. with the Subdivision Control Ordinance requiring 5 ft. wide concrete sidewalks along Mr. Servies stated that was correct. East 67th Street. Staff adds there are no public infrastructure improvements involved with Mr. Spencer stated moving forward they this project; therefore, no engineer’s estimate would be a separate entity, not a partnership and no bond are required. with the Madison Park Church of God. Staff-wise we are recommending approval to Mr. King said yes in terms of developing it the Plan Commission for this secondary plat they are a separate entity. for Madison Park, Section Two. It does meet the requirements of the Subdivision Control 3  Mr. Spencer asked if they would provide transportation to the other churches. Mr. King stated they will have a van that will provide transportation. Mr. Spyers made a motion to approve Petition #12-09 for a secondary plat for a subdivision to be known as Madison Park, Section Two, because it meets the requirements of the Subdivision Control Ordinance. If approved it should be forwarded to Board of Public Works for acceptance of the plat, easements and covenants. Mr. Newman seconded. Motion passed 8 yes, 0 no. CITY COUNCIL UPDATES Approved 3 readings vacating unimproved alleys and streets (parts of “C” and “D” Streets and East 20th Street) ADJOURMENT Mrs. Nelson adjourned the meeting at 4:52 pm. BY: ______________________________ Deborah Nelson, President ATTEST: ___________________________ Anna Lise Allman, Board Secretary 4