TRIPLE S PLANNING AND ZONING COMMISSION
OCTOBER 19, 2004
MINUTES
Members Present: Chairman George Best, Frank Hargadon, Gil Tucker, Ed Rudolph,
Jake Smith, Ed Rudolph, Billie Smith and Joanne Bemiss,
Administrator.
Advisor Present: Vic Brizendine, Attorney
Chairman Best called the October 19, 2004 meeting of the Triple S Planning and Zoning Commission to order at 6:30 p.m.
Best: You were previously given the minutes of September 21, 2004 meeting. Are there any additions or corrections? Is there any discussion on the minutes? If there is no discussion, a motion is in order for the minutes of September 21, 2004 meeting.
Mr. Tucker made the motion to approve the minutes of September 21, 2004 as written.
Mr. Hargadon seconded the motion.
Best: Is there any discussion on the motion?
ALL IN FAVOR – SO CARRIED
Findings of Fact and Transcript – ISF Property
Best: You were given copies of the Findings of Fact and the Transcript of the ISF Property. Is there any discussion on those? If there is no discussion, a motion is in order for the Findings of Fact and Transcript of the ISF Property.
Mr. Rudolph made the motion to approve the Findings of Fact and Transcript of the ISF Property.
Mr. Smith seconded the motion.
Best: Is there any discussion on the motion?
ALL IN FAVOR – SO CARRIED
Triple S Planning Commission
October 19, 2004
Page 2
Financial Statement – August
Best: You were given a copy of the August Financial Statement. Is there any discussion on the August Financial Statement? If there is no discussion, a motion is in order.
Mr. Hargadon made the motion to approve the August Financial Statement.
Mr. Kingsolver seconded the motion.
Best: Is there any discussion on the motion?
ALL IN FAVOR – SO CARRIED
American Founders Bank Zone Change R-3 to C-2 Vector Development
Docket #Z-316-04
Mark Patterson, Vector Development, representing the owners: This property is located at 605 Old Finchville Road and contains 0.343 acre. We are requesting a zone change on part of Tract 1 and all of Tract 2. We are asking for a zone change from R-3 to C-2 for the construction of an American Founders Bank parking area and for access onto Old Finchville Road. The existing house will be removed. Buffering according to the regulations will be provided as shown on the development plan. We are requesting a waiver to allow parking in the front set back and to allow a sign in the building set back. The waivers are consistent with adjacent properties along Midland Trail. The development plan will be finalized in the final development phase.
For the zone change to be granted it must be in agreement with the Comprehensive Plan or show the existing zoning is inappropriate and there have been major changes in the area. Sufficient demand for commercial exists in this area, as it is the most heavily traveled road. It is centrally located close to Village Plaza Shopping Center and other commercial areas. This property is adjacent to commercial property on three sides and residential to the south. There have been major changes in the area with the addition of the traffic light at Old Finchville Road and Midland Trail. This request is similar to the request granted to Commonwealth Bank across from this property. I will answer any questions.
Best: Anyone on the Board have any questions? Anyone in the audience wish to comment?
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Gene White: Is there any provision made for a buffer to the south of this property?
Patterson: Yes, we submit a development plan showing trees will be planted along that property line.
Best: Anyone else wish to comment?
Alice Barnett, 604 Bayne Avenue: I thought this was for Huber Tire. I am confused.
Patterson: This is to the rear of your property and it is for an entrance from Old Finchville Road and for a parking lot.
Barnett: I have a fence on the back of my property that I do not want disturbed.
Best: Any other questions? Anyone on the Board have any questions?
Mr. Kingsolver: There is a wall on the east side of that property, will it remain?
Patterson: Yes, there is a retaining wall there and it will remain.
Best: If there is no further discussion, a motion is in order for the American Founders Bank zone change from R-3 to C-2.
Mr. Tucker made the motion to approve the zone change from R-3 to C-2 for the American Founders Bank, as there is commercial around it.
Mr. Hargadon seconded the motion.
Best: Is there any discussion on the motion?
ALL IN FAVOR – SO CARRIED
Reynolds & King Properties Zone Change Agri to R-4 Kerry Magan
Docket #Z-317-04
Best: Mrs. Smith excused herself as an adjoining property owner.
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October 19, 2004
Page 4
Kerry Magan, representing the owners: This property is located at 856 Burks Branch Road.
Magan passed out aerials of the area.
Magan: This is a zone change request from agricultural to R-4 on 6.7 acres belonging to the Reynolds and 1 acre belonging to the Kings. It is presently zoned agricultural and the Comprehensive Plan Future Land Use as Low Density Residential. The property is in the county and my client is proposing to construct the maximum of 30 units of patio homes. These units will be very similar to The Villas on Mt. Eden Road. The applicant agrees to make the maximum of 30 units a binding element of this request. The key to this development is the availability of sanitary sewers. We have at least two methods of being able to achieve sewers to this property. There are two alternates for gravity and another alternate that would allow for the pump station that serves the Clear Creek Park onto this property and that pump station taken out of service. There are at least two methods of getting sewers to this property. The property does lie within the service area of the Shelbyville Municipal Water and Sewer Commission. The water is from North Shelby Water Co. and it is possible there might be a need to upsize the line. The property is located at the end of the widening of Burks Branch Road that was done last year. The roadway to this point is at least 20 feet in width.
In the 1998 Comprehensive Plan on page 13 3-c, low density residential is defined as up to five dwellings per gross acre. This development has a maximum of 3.9 dwelling units per gross acre. One of the goals is to provide sewers for the housing of this type. The plan shows at least two methods of getting sewers to the property.
In summary, we are requesting a zone change because it is defined low density residential by the binding elements we are proposing for the zone change. Water and sewer service is available. The property is self-contained and it has the advantage of taking away two wastewater pump stations. I will answer any questions.
Tucker: Will the existing drive be used?
Magan: We are showing the existing drive will be blocked off. The better access is what is shown on the far north of the property.
Best: Any other questions from the Board? Anyone in the audience wish to comment?
Yvonne Clark, resident of Burks Branch Road: Once again a developer has found a piece of prime land to make a fast buck. As residents of Shelby County, you have traveled to the park that is across from the property in question. My objections are the newly made curve cannot handle the traffic no matter what the developer has you believe. There has
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Page 5
Clark cont’d: been no major change in the area in many years. Lastly the drainage on that property is like a creek. When we have a good downpour much of the runoff is from the park and the FAC that is already there. I ask you to deny the zone change from A to R-4 at this time.
Best: Anyone else wish to comment?
Betty Lisby, resident of Burks Branch Road: Our property is right next to this. We feel this will hurt the value of our property and they are building within 15 feet of our property line. This will take our property value down and the road is so busy now. The road is in such bad shape and it will get worse. The water drainage is terrible and it stands there all the time. I don’t feel there is a need for anything else there. I feel it will hurt our property value.
Best: Anyone else wish to comment.
Bemiss: For the record Commissioner Billie Smith has asked to be excused, as she is an adjoining property owner.
Best: Let the record show that Mrs. Smith is excused.
Mike Hatchett, resident of Burks Branch Road: Is there any plan to ask the Sheriff’s department to increase patrols out that road? The speed limit is 25 but people run 70 and 80 out that road. Do you have any power to ask that?
Best: No sir, we don’t. Anyone else wish to comment?
Magan: This property is basically the receiver of drainage from Burks Branch Road. We will have drainage criteria on the preliminary PUD and the final PUD for review by this Commission.
Best: Any other comments? Anyone on the Board have any questions. If there is no further discussion, a motion is in order for the zone change from agricultural to R-4 on the Reynolds & King Property.
Mr. Tucker made the motion to deny the zone change. R-4 is too much for this area and it does not comply with the Comprehensive Plan. I believe this area is more suited for very low-density development.
Mr. Kingsolver seconded the motion.
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October 19, 2004
Page 6
Best: Is there any discussion on the motion?
ALL IN FAVOR – SO CARRIED
Baker Drive Apartments Preliminary Residential PUD Al Andrews
Docket #S-PUD-929-04
Al Andrews, representing the owner: This property is located on Baker Drive containing 1.32 acres and it is in the City of Shelbyville. It was recently zoned R-4. We are proposing 20 units, which is about 15 units per gross acre. All utilities are available to the property. The staff report had a concern about the lighting plan. The lighting will consist of building mounted fixtures that will comply with the note on the preliminary plan. Silt fencing will be provided along the south, east and west property lines. This will be identified on future plats.
The drainage will be directed overland to detention basins on the southeast and southwest portions of the site. There will be a 6-foot privacy fence along the south property line. Buffering is not proposed along the east property line, as adjacent land use is similar. Likewise, buffering is not proposed along the west property line, as thee is a 20-foot electrical and telephone easement and a 50-60 foot strip of land perhaps dedicated as a future access to Baker Drive. There are mature trees and other natural buffering on the west side of this strip. I will answer any questions.
Best: Anyone on the Board have any questions?
Tucker: Did you say you didn’t have a lighting plan?
Andrews: There is a note on the plat. Specifics will be on final plat.
Rudolph: I’d like to see the fixtures on the final.
Best: Any other questions from the Board? Any in the audience wish to comment?
Pat Brunderman, President of Crescent Place: I think they have hit on all our concerns. I can’t understand how the drainage will work out. I do understand what the screening will look like. Those along with the lighting are our concerns. I hope the lighting will not go onto our property. We understand this is going to happen and we ask that you consider our property in the drainage and screening, specifically the runoff does not affect us.
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Best: Anyone else wish to comment?
Andrews: On the ease side the drainage will be directed toward Forest Hills Apartment property. On the west it will go toward Allen Drive. We will work with you on the buffering.
Pat Brunderman: We do own the strip of land to the west and we do not have a specific purpose for that strip.
Best: Any other comments? Anyone on the Board have any comments? If there is no further discussion, a motion is in order for Baker Drive Apartments Preliminary Residential PUD.
Mr. Hargadon made the motion to approve the Baker Drive Apartment PUD with more detailed lighting plan on the final.
Mr. Kingsolver seconded the motion.
Best: Is there any discussion on the motion?
ALL IN FAVOR – SO CARRIED
Simpsonville Business Center Lot 6 Development Plan Steve Scott
Docket #S-DP-923-04
Steve Scott, Mindel-Scott, representing the owners: We are requesting approval for Lot 6 of Simpsonville Business Center. This lot was previously approved, but the building was not constructed. That building was similar to this building. Along with this request we are asking for a parking waiver from the required 150 spaces to 21 spaces. This is a relocation of a business already located in the Business Park. They have been here for about eight years and want to expand into a little larger building. They pretty much have the parking fixed as to what they need and the 21 spaces will be sufficient. We have shown future parking at the request of the Planning Commission. This will accommodate about 20 more spaces. They do not anticipate using this. I will answer any questions.
Hargadon: What is going there?
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Scott: The company is Isopure. They are currently in a building of about 10,000 square feet and they want to expand.
Bemiss: The drainage was not addressed on the plat.
Scott: Our intention is to sheet drain everything to the north on existing ground. There is a strip of land and then about 100 to 150 feet to the north that this will drain to a stream.