Staff Report PC17-012-TA Anson PUD- Text Amendment

Docket PC17-012-TA Anson PUD Text Amendment- The petitioner is requesting approval for a text amendment to

the Anson I-65 PUD. The text amendment will include amendments to Section 3.2 and Section 11.8.c.14 of the I-65 PUD.

The petitioner and property owner is Browning/Duke, LLC.

History The I-65 PUD was approved through the Boone County Area Plan Commission in 2004.

Adjacent property owners questioned the proximity of Anson Building 8A at its time of construction and

received a Determination Letter November 2, 2016 determining there was no violation within the text of the

PUD.

An appeal to staff’s determination was seen at the WBZA’s February 16 special meeting. The Board determined

the text regarding the definition of the loading berths and trailer staging areas is vague and voted against the

appeal.

Pending litigation regarding this determination has been received by the Boone County Circuit Courts.

The Review Committee met on April 25th, 2017 and has given a favorable recommendation to the WPC to

approve as presented.

Overall Master Site Plan:

Zoning Ordinance

Existing Text:

Section 3.2 Definitions

Loading Berths. This is currently not defined in the I-65 PUD.

Section 11.8.c.14

Trailer Staging. Trailer staging shall be designed and shown on the development plans. Appropriate areas adjacent to or

in close proximity to the loading areas hall be used and trailer staging areas shall be screened from public street rights-

of-way. Trailer staging shall (i) be prohibited within two hundred (200) feet of a Protected Residential Area and (ii) be

located behind the façade of the building that is opposite a Protected Residential Area within six hundred (600) feet of

any Protected Residential Area; except, however, where such trailer staging areas are screened by an existing building.

Proposed Text:

Section 3.2 Definitions

Loading Berths. Loading berths, unloading berths, bays and/or loading docks are the opening(s) on the façade of a

building which opening(s) are used for the receipt and/or distribution by vehicles of goods, materials or merchandise to

and from the building. The terms loading berths, unloading berths, bays and/or loading docks do not include any area(s)

that extend beyond the façade of the building.

Section 11.8.c.14

Trailer Staging. Trailer staging shall be designed and shown on the development plans. Appropriate areas adjacent to or

in close proximity to the loading areas shall be used and trailer staging areas shall be screened from public street rights-

of-way. Trailer staging shall (i) be prohibited within two hundred (200) feet of a Protected Residential Area and (ii) be

located behind the façade of the building that is opposite a Protected Residential Area if such building is within six

hundred (600) feet of any Protected Residential Area; except however, where such trailer staging areas are screened by

an existing building.

Decision Guidelines Per the Zoning Ordinance, Section XII.B.C the WPC and the Town Council shall pay reasonable regard to the

following five decision criteria when taking action on all zoning and text amendment requests:

the Comprehensive Plan;

the current conditions and the character of current structures and uses in each district;

the most desirable use for which the land in each district is adapted;

the conservation of property values throughout the Jurisdictional Area; and

Responsible development and growth.

Staff Recommendation The Whitestown Review Committee has met and gives a favorable recommendation to approve this text amendment as presented to the Plan Commission.

Staff recommends that the Plan Commission give a favorable recommendation to adopt the presented text amendments to Section 3.2 and Section 11.8.c.14 of the I-65 PUD.

*If the Plan Commission gives an unfavorable recommendation (or no recommendation) to approve the text amendment, the above conditions could still be included in the recommendation to the Town Council for their final decision.