The Madison County Plan Commission met on the above date at 9:00 A.M. with Wes Likens, President, presiding.
Members Present: President -Wes Likens John Simmermon, Cory Bohlander, Lindsay Brown, and Denise Spooner Tom Shepherd
Members Absent: John Richwine, and Jerry Alexander
Also Present: Jeff Graham - Attorney, Brad New Director and Stacey Hinton - Board Secretary
1. Petition: 2021-Z-004
Address: 815 East School Street, Anderson
Location: Richland Township, District 1 Commissioner
Petitioner: Kelly Drews, President of C & C Advance Holdings, LLC
Landowners: C & C Advance Holdings, LLC
Zoning: R2 – Single-Family Residential
Request: Rezone from Single-Family Residential (R2) to General Commercial (GC)
Director Newman presented the staff with a favorable recommendation if the following commitments are adopted.
RECOMMENDATION
à Staff recommends approval of Petition 2021-Z-004 if the following commitments are adopted:
1. The subject structure shall be utilized as an office building
2. All uses may be obtained as indicated in Article 3.23 of the Zoning Ordinance except for Adult Uses and Retail Uses, which shall require a Special Use Exception approved by the Board of Zoning Appeals
3. These commitments shall be attached with the property
TECHNICAL REVIEW COMMITTEE
à The Technical Review Committee met on September 30 and forwarded a favorable recommendation if the following commitments are adopted:
1. The subject structure shall only be utilized as an office building for Drew’s Parts
2. All change in use requires a Special Use Exception approval from the Board of Zoning Appeals
3. These commitments shall be attached to the property
Discussion was had among board members, Director Newman, Kelly Drews and Mr. Drews attorney. Remonstrators were present and spoke. Director Newman also spoke of emails he has been receiving from Sean Smith and the issues Mr. Smith has this property.
After much discussion was had among board members, Dir Newman and Attorney Graham, Member Simmermon made a motion for a Favorable Recommendation to the Board of Commissioners for Petition 2021-Z-004 with the following commitments are met. Seconded by Member Spooner. Petition 2021-Z-004 - Motion Approved for a Favorable Recommendation to the Board of Commissioners.
FINDINGS of FACT for REZONING
1. Does the proposal comply with the Comprehensive Plan?
Yes. The proposal does comply with the Comprehensive Plan. The subject parcel is an extension of property along the State Road 9 North corridor. The Comprehensive Plan supports a mixed use of commercial and residential along this corridor. The subject parcel is adjacent to property zoned Light Industrial and is supportive of that zoning.
2. Would the proposed classification be consistent with current conditions, the character of current structures and uses in the immediate districts?
Yes. The existing structure was utilized as a church for nearly three decades which included office space for the church. The subject parcel is located on parts of two large parcels platted as part of Salyer’s Golden Acres and contain a 12,000 square foot structure that was built in 1976. There is a large property to the west that is zoned LI and there are other businesses in the near vicinity on both sides of North State Road 9 (Scatterfield Road).
3. Would the proposed classification be consistent with the most desirable use for which the land is adapted?
Yes. The subject parcel is adjacent to property zoned LI and would be a cohesive extension of that zoning and intended use. The subject parcel is large, contains a 12,000 square foot structure, and would require some extensive modification to be adapted to a use permitted in the R2 zoning. The size of the parcel in this zoning district is indicative of a business or institutional use.
4. Does the proposal substantially conserve property values throughout the jurisdiction?
Yes. The proposed use will have no effect on property values throughout the jurisdiction. The subject parcel is next to a large parcel zoned LI which has maintained an Industrial zoning and use for more than 5 decades. The proposal will offer a smooth zoning transition from the LI zoning to the R2 zoning.
5. The proposal is reasonable in regard to responsible development and growth?
Yes. The proposed rezoning will offer a small buffer between the LI zoned parcel to the west and the R2 zoned parcels to the east and south. Having R2 zoning abut property zoned LI is atypical to the Comprehensive Plan. The rezoning of the property to LC offers a smoother zoning transition in comparison to the existing zoning. The proposal will be supportive and cohesive with surrounding zoning districts.
RECOMMENDATION
à Staff recommends approval of Petition 2021-Z-004 if the following commitments are adopted:
4. The subject structure shall be utilized as an office building
5. All uses may be obtained as indicated in Article 3.23 of the Zoning Ordinance except for Adult Uses and Retail Uses, which shall require a Special Use Exception approved by the Board of Zoning Appeals
6. These commitments shall be attached with the property
TECHNICAL REVIEW COMMITTEE
à The Technical Review Committee met on September 30 and forwarded a favorable recommendation if the following commitments are adopted:
4. The subject structure shall only be utilized as an office building for Drew’s Parts
Revised:
The subject structure shall only be utilized as an office building
5. All change in use requires a Special Use Exception approval from the Board of Zoning Appeals
6. These commitments shall be attached to the property
Director Newman spoke to the board regarding the zoning ordinance. Much discussion was had among Dir Newman and the board regarding the timeline and process for the zoning ordinance. Member Spooner indicated she had sent members of the board some documentation she would like them to read and asked that if anyone would like to discuss the information further to please reach out to her individually. Attorney Graham agreed with Member Spooner and explained that members of the board can speak to each other individually, but it’s discouraged to have more than that unless it’s during a meeting.
Member Brown made a motion to adjourn, seconded by Member Shepherd. Motion approved.
Meeting Adjourned 10:09:54 a.m.
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Wes Likens, President
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Stacey Hinton, Board Secretary