Plan Commission

PLAN COMMISSION MINUTES DECEMBER 4, 2012 MEMBERS PRESENT: these issues and answer any questions there Greg Spencer, President may be at that time. Mike Dauss, Vice President Gene Yates, Member Mr. Spencer asked what the concern was John Suko, Member about? Deborah Nelson, Member Mr. Byer stated there was an email forwarded MEMBERS ABSENT: concerning Board’s action on the, what has Joseph Newman, Member now been deemed the Ford dealership site, out Darin Foltz, Member at the old Plant #11 site. Mr. Byer added he Mike Spyers, Member wanted the Board to know staff is aware of that and will have some answers soon. OTHERS PRESENT: Frank Owens, Development Director Mr. Spencer stated he would like to have a William Byer, City Attorney copy of that email. Anna Lise Allman, Plan Commission Secretary Mrs. Nelson stated she has copy that she will show Mr. Spencer. ROLL CALL AND DECLARATION OF A QUORUM: BUSINESS: Mr. Spencer called the meeting to order at 4:39 p.m. Mrs. Allman took roll call and PETITION #11-12 SUBMITTED BY declared a quorum with five (5) members in PATRICK L. & DIANNE L. CAPPS FOR A attendance. ZONE MAP CHANGE FROM R-2 TO I-2 LOCATED AT 5110 RIDGE ROAD ON Mr. Spencer stated there just a quorum so if THE EAST SIDE there is not an unanimous decision, it will not pass. Mr. Owens stated this property is located in the 5100 block of Ridge Road on the east side. Mr. Spencer stated Mr. Byer needs to leave This property consists of 6.73 acres and is early so he asked that the Board moves this presently zoned R-2 Residential. The property meeting along as quickly as possible. Mr. operates an Automobile Salvage facility, Spencer asked that the Board just moves which has been operating for several years. straight to the Pledge of Allegiance. Mr. Owens stated the petitioner appears Mr. Spencer led the Pledge of Allegiance. before the Plan Commission requesting a Zone Map Change from R-2 Residential to I-2 Mr. Byer apologized that he has to leave early, Industrial. The resent zoning is R-2 but wanted to let the Board know he received Residential only and does not allow the an email forwarded on to him regarding Mr. business to do any improvements to the Widing’s concerns about the Board previous property. Mr. Owens added the change to I-2 actions. Mr. Byer added staff is investigating Industrial will allow the business to make these actions and assures the Board he will improvements to the property and would place submit a written opinion to the Board the business in its proper zone class of I-2 probably before the next meeting regarding Industrial. 1 Mr. Owens stated staff is recommending the Mr. Yates stated the book that he received approval of this zone change because it would when he went to Fishers. It indicates in there allow a long time business to operate under that findings of fact may be created by it’s proper zoning and would allow the owner virtually anybody, us has members, by an the opportunity to make improvements to the attorney. Mr. Yates added he was personally property. reluctant to get involved with that because it’s not part of his expertise. Mr. Owens stated Mr. Austin is here to represent the petitioners. Mr. Spencer stated he understood and asked Mr. Byer to approach the podium. Mr. Mike Austin, attorney, stated the petitioners are present, Mr. Pat & Diane Mr. Spencer stated he thinks Mr. Yates is Capps, the property is actually owned by correct, if there is a pre-prepared document, if Kenny Jones. Mr. Capps has been operating the commission approves it, it’s still approved. the salvage yard for over 43 years. Mr. Austin Mr. Spencer asked Mr. Byer’s opinion on that. added this property is a grandfathered use and as a grandfathered use, they can’t do any Mr. Byer stated pending the actual findings of improvements. Mr. Capps would like to fact, this Board instructs that those be expand and improve the office part and buy prepared and submitted for final approval. the property. That obviously that they have made the determination that they’re willing to move Mr. Austin stated there will be no change of forward and sign those. Mr. Byer added what use on this property, just improving the Mr. Yates is referring to, as he serves as the existing set-up. Board’s attorney, he could be instructed to do that. The Board could request that those be Mr. Austin stated Don Brown, accountant for prepared by the attorney for the petitioners the Capps, is here as well. for review and approval. Mr. Byer stated that would be this Boards determination as to how Mr. Austin stated the petitioners have they want to handle that. satisfied the preliminaries; notices have been sent out and are prepared to answer any Mr. Spencer stated he would feel more questions the Board members may have. comfortable, this evening, if the Board could just try to get through the findings of facts. Mrs. Nelson stated the staff report is really Mr. Spencer asked Mr. Suko if he was short, kind of inadequate actually. Mrs. comfortable with doing them. Nelson asked Mr. Austin to give the Board some ideas about property values, responsible Mr. Suko stated he was comfortable as to how development, and desirable use for the land. it’s been done in the past to do the findings of facts in formulating a motion. Mr. Suko did Mr. Yates stated this is an example of why the agree if they were pre-formulated for the findings of fact should be prepared by an Board, that would be a benefit. attorney. My years with the department, when we had a hearing, and there were Mrs. Nelson stated typically the staff reports findings of fact that had to be created, they are very detailed, so it makes it easy to do the were always created by an attorney. findings of facts. Mrs. Nelson asked Mr. Austin to give the Board some ideas for the Mr. Spencer stated Mr. Yates has mentioned findings of facts again. that before. Mr. Spencer asked Mr. Austin to follow along Mrs. Nelson stated that was for a commercial and answer the questions as he asks. operation this is public. Mrs. Nelson added she didn’t know if that makes a difference. Mr. Spencer asked Mr. Austin, in his opinion, if the proposed rezoning would still be 2 conserving the property value throughout the Mr. Austin stated, with regard to number 4, neighboring district and if so why? the rezoning would not affect the current conditions and the character of the existing Mr. Austin stated absolutely the surrounding structures in the area and the surrounding property on the west side of Ridge Road is the districts because there is not going to be any old Anderson City Landfill. This is a good change in the current use, other than location for this. There is nothing that the upgrading the property. If anything there will continued use of this property for the salvage be a positive affect on other structures and yard, it would not interfere with anybody conditions. Mr. Austin added this petition is else’s use of their property, it wouldn’t in any compatible with the comprehensive plan. way to cause anybody’s property values of neighboring properties to deteriorate. Mr. Mr. Spencer stated he agrees. Austin added the fact that this would allow improvements to be made, if anything would Mr. Austin stated the that, supported by the help property values, certainly stabilize fact that the Planning staff has recommended property values. that this be approved. Certainly bringing a non-conforming business use into conformity Mr. Austin stated this is responsible with the zoning map is a good thing. I don’t development because the use now is an think there are any desirable or undesirable industrial use. This proposed rezoning would precedent established by this petition. be responsible development because right now we have it in industrial use and all we are Mr. Spencer stated he agrees. seeking to do is continue that use and bring the current zoning class, which allows, only Mr. Austin stated public utilities have been one residential use only, bring this into the and will be in place. zoning class in conformity with the actual use. Mr. Spencer stated he thinks Mr. Austin did Mr. Spencer stated it would be responsible to an excellent job addressing the findings of fact allow the property owner to make and thanked him in doing so. improvements to the facility. Mr. Austin thanked the Board for hearing this Mr. Austin stated that is what has brought us petition. here today. Other than the fact, he would like to acquire it. You don’t normally want to buy Mr. Spencer asked if there was anyone else a property unless it is properly zoned. that wanted to speak for or against this petition. Mr. Spencer agreed. There were none. Mr. Austin stated, with regard to number 3, the rezoning would be most desirable use of Mr. Spencer asked if the Board member would the land because the current use is the most be willing to act on this petition and the logical use, the best use, for this property, findings of fact. given the surroundings. Given the fact that it has been there for forty years, certainly Mr. Suko made a motion to approve Petition supports the contention that this is a #11-12 submitted by Patrick and Dianne desirable use for the property. Mr. Austin Capps for a zone map change from R-2 to I-1, added there does need to be salvage yards and located at 5110 Ridge Road on the east side. this seems to be a pretty good location for a Mr. Suko stated the proposed rezoning would salvage yard. be conserving the property values throughout the neighboring districts because it will allow Mr. Spencer stated there don’t appear to be for improvement of an existing, well very many remonstrators. established business at this location and this location is adjacent to other I-2 zoning to the 3 east and to the south. The proposed rezoning Mrs. Allman stated it was for the EDA grant would be considered responsible development that the City Engineering was working on. and growth because it would designate an existing business as operating within the Mr. Owens stated that was submitted at the correct zoning class. The proposed rezoning last minute, by Mr. Spyers. would be the most desirable use for the land because this allows an existing business in Mrs. Nelson stated typically the Board needs this location to operate and improve within a staff report, for the minutes to reflect what’s the proper zoning class in a neighborhood that happened at the meeting. There has to be an has limited use do to old uses such as landfill original document to show what’s going on. which are adjacent. The proposed rezoning This month’s staff report is so short. would not affect the current conditions and the character of the existing structures in the Mr. Owen stated he would discuss that with area and the surrounding districts because staff. this petition does not seek to change or shouldn’t change the character of this and Mrs. Nelson stated last meeting she asked surrounding districts but to correct the zoning someone if there were any plans for the for this establishment and allow for property discussed and no was the answer she improvements and development within the I-2 received. Three days later, in the newspaper, zoning. The proposed rezoning is compatible the car dealership is moving there. Mrs. with the comprehensive plan. The proposed Nelson added she feels like that is not kosher rezoning does establish a desirable precedent to do that. in the area. Public utilities are available to support the proposed rezoning. Mrs. Nelson Mr. Owens stated if there are projects being seconded the motion. Motion passed 5 yes, 0 done, until they are public announced, staff no. can not publicly disclose that. MISCELLANEOUS Mrs. Nelson asked Mr. Owens to say that is the reason, not just telling the Board no, Mr. Owens thanked the Commission for our knowing full well that there are plans for that first full year under our belt. January will property. start a new year with new projects. It’s amazing what’s transpired so far in twelve Mrs. Allman stated it was not Mr. Owens that shorts months. Mr. Owens added GTI will be stated no there were no plans for lots #8 and opening up in less than twenty days. #12, which were the ones being replatted that meeting. Mr. Owens stated staff is working on some demolitions of some old houses that the Board Mr. Owens stated there are no current plans of Public Safety will be hearing. for lots #8 and #12 for any buildings. Lots #1, #2 and #3 were different, that petition that Mr. Owens state he appreciates the Board’s was discussed last month was not for lots #1, flexibility on some of the special meetings, #2 and #3. because there will probably be some more of those next year, which is a good thing for Mrs. Nelson stated she understands, but to Anderson. see it in the newspaper three to four days later and the Board didn’t get any kind of staff Mrs. Nelson asked Mr. Owens why last report for that meeting. It’s just a common month’s meeting there was no staff report courtesy, that we are trusted individuals, if we issued, why? are not suppose to say anything we won’t. Mr. Owens stated he couldn’t remember what Mr. Owens stated okay. that petition was for. 4 Mr. Spencer stated we could address that in our next meeting. That is the beauty of this varied body of Commission members. We expect and encourage questions, sometimes criticisms. That is what having nine members does for us and that’s why this body works so well. Mr. Yates stated he hopes staff does not drag their feet on this legal opinion regarding that rezoning. Mr. Owens stated staff is not dragging their feet. We will address it properly. Mr. Yates stated he thinks that is extremely important because the Board needs to know. Mr. Owens agrees. Mr. Spencer asked for a copy of the email. Mrs. Nelson stated she thought Mr. Yates sent it to the Building Commissioner’s office as soon as he received it from Mr. Widing. Mr. Yates stated he forwarded the email to Mrs. Allman. Mrs. Allman stated she did not forward the email to all of the members. Mr. Spencer stated that was ok, he would just like to have a copy. Mr. Suko asked about approving minutes from previous meetings. Mrs. Allman stated they will be on the agenda next meeting. ADJOURMENT Mr. Spencer adjourned the meeting at 5:00 pm. BY: ______________________________ Greg Spencer, President ATTEST: ___________________________ Anna Lise Allman, Board Secretary 5