agenda - Area Plan Commission

AGENDA
AREA PLAN COMMISSION
OF EVANSVILLE AND VANDERBURGH COUNTY
Public Hearing
DATE:
Thursday, December 11, 2014 at 4:00 P.M.
LOCATION: City Council Chambers – Room 301 – Civic Center Complex
ROLL CALL
A roll call of members to establish a quorum present.
APPROVAL OF MINUTES
CITY REZONING
Docket No: 2014-27-PC R-2014-22 AMENDED Petitioner: Oak Hill Investments, LLC
Address: (Complete legal on file.) 5200 Lynch Road
Nature of Case: Change from an R-1 zone and C-4 zone to a C-2 zone.
SUBDVISION
Docket No:
9-S-2014
Mazzier – County
Lots: 3
Address: 5048 Country Lake Drive
Engineer: Morley & Associates
Owner: William & Sandra Mazzier, et al
OTHER BUSINESS
Any other business of a regular meeting.
Adjournment
STAFF REPORT
AMENDED November 26, 2014
Docket Number:
Address:
Parcel ID:
Location:
Council District:
Petitioner:
Owner:
Request:
Lot size:
CITY rezoning 2014-27-PC R-2014-22 AS AMENDED
5200 Lynch Road
82-06-12-017-176.012.027; .020-027; 021-027; 028-027; .029-027; .030-027; .033-027; .039-027; 040-027
Along the north side of Lynch Road, and along the east side of Green River Road
Ward 1 – Dan McGinn
Oak Hill Investments LLC
Rita Folz, Cynthia Folz DiPrimo, Jennifer & Peter Cannon
Rezone from R-1 and C-4 to C-2
25.59 acres
BACKGROUND INFORMATION:
This is a request for rezoning to allow development of apartments or commercial uses on the site. The existing C-4 that is
a part of this site was rezoned in 1974, and has no apparent commercial usage. The remainder of the site was zoned
Agricultural until annexed into the City of Evansville. Pursuant to the zoning code, any areas in the County that are zoned
Agricultural become R-1 when annexed into the City.
LAND USE:
Section 18.175.020 of the Zoning Code provides criteria that the Area Plan Commission and legislative body shall consider
in evaluating rezoning requests. The following facts relate to the Code evaluation criteria.
EXISTING LAND USE:
residential, agricultural, and a church
CHARACTER OF SURROUNDING ZONING AND USE:
North
R-1 & C-4
residences & apartments
South
C-4
Lynch Road – mixed retail & offices
East
R-1
agricultural and/or undeveloped
West
C-4 & R-1
convenience mart & residences – Green River Rd - residences
APPLICANT’S STATED USE:
Apartments/Uses allowed in C-2
ALLOWED USES IN PROPOSED ZONE: The City zoning code allows 108 uses within the C-2 district, including multi-family
residential, office, commercial, service, and recreational uses. The district allows maximum 75% lot coverage. There is a
50 foot height limit for structures. C-2 allows on-premises signs up to 500 sq. ft. at 50' height and off-premises signs up
to 300 sq. ft. at 30' height.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area as undeveloped, including scattered residences. Due to the topography
and the flood elevations on the rear half of the site, development for any higher density use could be difficult. IDEM and
Corps of Engineers approval may be required prior to disturbance of the eastern part of the site.
GENERAL INFORMATION
FLOOD ZONE: A western part of this site is identified in Flood Zone X. The eastern part of the site is in flood zone AE
which includes an area of waterway and an area of possible wetlands.
UTILITIES:
Information submitted by applicant indicates that all utilities are available to this site.
CONTINUED ON NEXT PAGE
TRAFFIC/STREETS/ACCESS:
The only access currently available to this site is from Green River Road. When the County purchased the land for the
construction of Lynch Road, it was determined to be a limited access roadway. Any access to Lynch would need to be
approved by the City Engineer. A traffic impact study may be necessary to determine if access should be permitted onto
Lynch. COPY OF EVANSVILLE METROPOLITAN PLANNING COMMENTS ATTACHED.
COMPLIANCE OF APPLICANT'S SUBMITTED/PRELIMINARY SITE PLAN:
Site Review will address compliance with all code requirements upon submission of plans for the development of the site.
PARKING:
The number of required parking spaces is determined by the proposed use of the site. Compliance with
all parking requirements will be addressed by staff upon submission of plans for the development of any new use on the
site.
ADDITIONAL INFORMATION
The 36+ acre site immediately south across Lynch Road was rezoned to C-4 in 1989, and it has been developed as a
commercial subdivision. The 1.3 acre lot at the northeast corner of Green River & Lynch Road was rezoned to C-4 in
1998, and has been developed as a convenience mart with gasoline sales. There is a 5 acre parcel at the eastern end of
this proposed rezoning site that was rezoned to C-4 in 1974. The 5 acre C-4 parcel is predominantly in a floodplain, with
no existing commercial use.
UPDATED INFORMATION NOVEMBER 26, 2014
This rezoning, when originally filed, was a request to rezone 40.2 acres to C-2. The amended petition is a request to
rezone 25.59 acres in two separate tracts of land. A part of the original legal description between the two proposed C2 parcels was eliminated per the amended petition. This is a request to rezone 2.28 acres north of the C-4 corner lot
along the Green River Road frontage, and a 23.31 acre tract along the north side of Lynch Road for development as
apartments or C-2 permitted uses.
A
HIRSCH
ZONING
A
AIR
C-1
MUNSEE
C-2
C-3
C-4
E
LENAP
R-4
CO-1
CO-2
M-1
M-2
CULLEN
PUD
R-1
DAVIS LANT
C-4
R-5
WR
IBIS
SA N
D
PIP
EGRE
T
ER
C-2
H E R ON
GR
EA
TL
AK
IL
PINTA
WI
GREEN RIVER
R-4
GREEN RIVER
R-3A
DRAKE
R-3
TURTLE DOVE
R-2
PEACOCK
STARLING
M-3
COMMUNICATIONS
LYNCH LYNCH
ES
2014-27-PC R-2014-22 AMENDED
5200 Lynch Road
Rezone R-1 & C-4 to C-2
R-1
MUNSEE
SACHEM
LENAPE
R-2014-22
COMMUNICATIONS
CULLEN
LYNCH
PEACOCK
DURRE
IBIS
TURTLE DOVE
GREEN RIVER
DAVIS LANT
LYNCH
SA N
D
FITZGERALD
PIP
ER
EGRE
T
SUBDIVISION
STAFF FIELD REPORT
July 31, 2014
October 30, 2014
November 26, 2014
Docket Number:
Name of Subdivision:
Location:
Parcel ID Number:
Owner:
Representative:
Size of development:
Number of lots:
LAND USE
Existing zoning:
Existing land use:
Proposed land use:
Comprehensive Plan:
9-S-2014
MAZZIER
North end of Country Lake Drive and Meadow Circle, both
north of New Harmony Road, between Church Road and
Happe Road
Lot 1: 82-05-05-003-167.014-022 & 82-05-05-003-167.013-022
Lot 2: 82-05-05-003-059.036-022
Lot 3: 82-05-05-003-167.012-022
Lot 1 & 2: William J & Sandra A Mazzier
Lot 3: Daniel & Patricia T. Ritz
Danny Leek
23.15 acres
3
Agricultural
Lot 1: Single Family Residential
Lot 2 & 3: Undeveloped
3-lot Residential subdivision
The Future Land Use-2025 Map in the Comprehensive Plan
recommends this area for Residential uses.
GENERAL INFORMATION
BACKGROUND/HISTORY:
Lots 1 & 3 of this proposed subdivision were recorded as Lots 12, 13 and Outlot 1 of Country
Lake Subdivision (Book L, Page 75) in 1979. The Subdivision Review Committee reviewed
the Mazzier plat on July 21, 2014 and on July 28, 2014.
FLOOD ZONE: A portion of Lot 1 lies within the 100-year floodplain as identified on the plat.
The Building Commission comments are as follows: Any new development in the SFHA, A
Zone, will require site grading plans and elevation certificates. The Base Flood Elevation
(BFE) will have to be established as it is currently unstudied.
UTILITIES:
Water: City water is available by extension, or cost estimates and a Letter of Credit will be
required.
Sewer : On-site septic system
Water and Sewer Engineering Department comments are as follows:
Contact the Engineering Department for Water tap fees. Water extension will be required to
get water extended across entire frontage of Lots 2 & 3.
County Health Dept. comments are as follows:
A dye test is required for any existing dwellings (Lot 1). A soil analysis is required on any
new lots (Lots 2 & 3) and tests must be conducted by a certified soil scientist.
TRAFFIC/STREET/ACCESS:
The plat shows existing frontage for Lot 1 & 2 on Country Lake Drive; and Lot 3 on Meadow
Circle. These roads appear to be public rights-of-way that are privately maintained. The plat
should be revised to add a note clarifying that the roads will be privately maintained.
Sidewalks are required unless waived by the County Commissioners.
County Engineer’s comments are as follows:
Vanderburgh County does not maintain Country Lake Drive or Meadow Circle.
DRAINAGE PLAN/APPROVAL:
UPDATE - Received exemption from the detention requirement by County Drainage Board
on August 12, 2014.
COMMENTS/ADDITIONAL INFORMATION
Soil and Water Conservation District comments are as follows:
This project requires a Storm Water Pollution Prevention Plan (SWP3) be filed and approved
before construction activities can begin on the site.
STAFF RECOMMENDATION
This plat complies with both the Comprehensive Plan and the requirements/standards of the
Subdivision Code with the following conditions:
Prior to recording:
Provide written documentation that the Health Dept. has approved the results of the dye and
soils tests, and that the project meets all other Health Department requirements.
Revise the plat to add a note clarifying that the roads will be privately maintained.
UPDATE
Revise the plat by:
Deleting in the Owner’s Certificate the second sentence that reads –
All road right-of-ways shown and not previously dedicated are hereby dedicated to
public use for the purpose of roadways and public utilities.
Adding to the Boundary Description that this a Replat of Country Lake Estates Subdivision
Lots 12, 13, and Outlot 1 as recorded in Book L, Page 75 in 1979.
UPDATE
This subdivision was continued at the owner’s request.
MILL
ZONING
A
ON
D
HAPPE
DI
AM
A
AIR
DI
AM
C-1
C-2
ON
D
C-3
C-4
CO-2
M-1
M-2
NE
W
HA
RM
ON
Y
M-3
EA
M
PUD
DO
W
R-1
COUNTRY LAKE
CO-1
R-2
R-3
Y HOLLO
W
R-3A
WI
WR
CHURCH
R-5
H A R M ON
R-4
9-S-2014
MAZZIER SUBDIVISION