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HomeMy WebLinkAboutMinutes PC 02-18-97 CARMEL/CLAY PLAN COMMISSION FEBRUARY 18, 1997 The regularly scheduled meeting of the Carmel/Clay Plan Commission was called to order by the President at 7:00 PM in the Council Chambers of City Hall, One Civic Square, Carmel, Indiana on February 18, 1997. Members present were as follows: James Bolander; Dave Cremeans; Jay Dorman; Dick Klar; Alan Klineman; Barry Krauss; Norma Meighen; Bob Modisett; Pat Rice; Rick Sharp; Luci Snyder; Paul Spranger; Tom Thompson; and Chris White. Also present representing the Department of Community Services were: Michael Hollibaugh; Terry Jones; Mark Monroe; and John R. Molitor, Counsel. The minutes of the January meeting were approved as submitted. G. Communications: John Molitor advised that a Discovery Request had been received regarding the Leeper Electric litigation and this would be discussed further in a closed, Executive Session in conjunction with the training session to be held Saturday morning, February 22nd. H. PUBLIC HEARING: lh. Commission to consider Docket No. 85-96 O.A., a zoning ordinance amendment to change the density requirements within the S-1/Residence Zoning District for properties within the City of Carmel and Clay Township. Filed by the Department of Community Services. Mark Monroe appeared on behalf of the Department and gave an up-date of the proposed Zoning Ordinance Amendment. The public hearing on this Docket was originally presented in December and continued to the February meeting. Unplatted property owners (600 plus) were notified by certified mail--no return requested. The Ordinance essentially contains three different aspects: for properties west of Springmill Road, north of 116th Street, and south of 141 st Street, the proposed density level would be one unit per acre; the second aspect would be for properties north of 141st Street and south of 116th Street, within Clay Township would be at a maximum of 1.3 units per acre; the third aspect of the ordinance would allow all other properties within Clay Township, mainly east of Springmill, could develop at the density level designated within the current S-1 Ordinance. The setbacks and lot sizes are not proposed for change as a part of the proposed ordinance amendment. The essential reason for the ordinance proposal comes from the Comprehensive Plan which was approved by c:minutes\pc\1997.feb 2 the City Council in September of last year. John Molitor explained that the same development standards would be in place; however, there would be a requirement in the number of lots per acre which could result in a substantial amount of open space in a subdivision. Members of the public were invited to speak in favor of the proposed amendment; the following appeared: Mark R. Rattermann, 11257 St. Andrews Lane, Carmel, president of Crooked Stick Homeowners Association and Vice President of Clay West Information Council, spoke in support of the proposed Amendment on the basis that managed growth increases land value; lower allowable density increases raw land values and higher density allows higher profits for the land developer but not necessarily for the land owners; the proposed ordinance would promote developers use of the extra land in new and community pleasing ways rather than just adding another lot to the inventory; the proposed amendment would also be compatible with the desire to limit the "alley effect;" and in the case of lower density, the developers can build small lots as well as parks through the application of the Open Space Ordinance. Marilyn Anderson, 3884 Shelborne Court, Carmel, appeared as spokesperson for Ron Houck, 315 West 107th Street, Carmel representing 800 residents/membership of Clay West Information Council. Land values will not substantially decrease if the proposed ordinance is put into place--embracing growth does not mean over development. The proposed ordinance does not dictate minimum lot size--it stipulates gross density; this was advocated by Randal Arendt in a recent public appearance in Carmel. The ordinance will provide for a variety of lot sizes, styles of development, and housing diversity while maintaining the quality of life that residents in the area have long sought. Mr. Houck recommended that the ordinance be referred to committee for further study and possible revision. Ms. Anderson commented that the passing of the ordinance would bring the Ordinance in line with the current Comprehensive Plan. Frank Franks, 12833 West Road, spoke as president of"The Neighbors of Little Eagle Creek." The neighborhood would prefer one unit per five acres; however, the one-to-one ratio would preserve the rural character of the area, and also create the desired effect of open space and the non-alley effect. Mr. Franks felt that the real issue was not density but dollars and if the proposed ordinance is approved, the community will have control of some of the zoning, while a higher density would mean control by the developers, investors, builders, engineers, realtor, etc. Cindy Gasper, 13532 Six Points Road, Carmel, asked for approval of the proposed amendment, as recommended by the Comprehensive Plan, in order to control the growth for the sake of the schools and the infrastructure. c:minutes\pc\1997.feb 3 Members of the public were invited to speak in opposition to the proposed Ordinance; the following appeared: David Warshawer with Brenwick Development Co., 12722 Hamilton Crossing, appeared before the Commission representing a number of persons opposed to the ordinance (owners of 1,745 acres in western Clay Township; residents of Carmel/Clay Township; various land developers, builders and business owners.) Mr. Warshawer commented that large lot zoning or low density does not protect open space; low density sprawl costs more for government to service; traffic will increase even if development stops completely; restrictive zoning eliminates housing choice and negatively impacts undeveloped land values by reducing demand; large lots are not desired by the market; and large lots (low density) discourages the use of public utility systems. The development community asked that the Commission work toward a plan which would provide housing with a wide range of prices; integration of community services; identify desirable open space that the public wishes to acquire as opposed to that which would be required to be set aside for public benefit by individual land owners; and provide a means for continuing communication among each of the affected groups. Very large lots discourage all but the privileged few households who can afford them; large lot zoning creates a major social class. Mr. Warshawer cited the major issues as not just density, but quality of life, efficient use of community resources, making sure that land use decisions do not have unintended consequences, and the best means of protecting what is valued about the community. Steve Graves, appraiser, presented statistical data showing the direct relationship between density and value; as density is adjusted downward, the value also goes down. Mr. Graves was not in favor of approving the Ordinance. Jan Hope of the Builders Association of Greater Indianapolis, representing over 800 builder and developer related firms, appeared before the Commission in opposition to the proposed Ordinance which was felt to have a number of unjust repercussions. The Builders Association viewed the proposed ordinance as unjust and exclusionary zoning, and urged the Commission to vote against the proposed ordinance. Jay Alley, utility manager for Clay Township Regional Waste District, 10801 N. College Avenue, Indianapolis, spoke on behalf of the rate payers of the Regional Waste District. The District is neither for nor against development; however, the District asked that the Plan Commission consider the District's concerns and effects that lower density will have on present and future rate payers in the service area. Those areas of concern are: 1) Long term development on septic systems will have an adverse effect on the health and safety of area residents, their children, and family pets. Dense, clay soils do not percolate and septic systems in these areas will eventually fail. 2) There is a concern of the future impact on rate payers to solve the problems when septic systems can no longer be repaired. 3) There is a concern about the effect of the proposed ordinance on the current rate payers. As systems age, maintenance costs increase, and with c:minutes\pc\1997.feb 4 fewer rate payers and customer base, rates for all District customer would likely increase. 4) For economic, health and safety reasons, to avoid future septic system failures and resulting hardships which property owners will have to face in the future, the District encouraged the Commission to require sanitary sewer service for new development in western Clay Township, regardless of density or lot size considerations. Bob Wildman appeared before the Commission as a representative of W-R Enterprises, 514 Round Hill Road, Indianapolis, a family partnership which owns 50 acres of farm ground on 131st Street between Towne and Shelborne Roads. The family enterprise was concerned with a diminution in value of their property if the proposed ordinance is adopted and also, that the ordinance may constitute an unfair and improper taking for the value of their property. Mr. Wildman felt that the current, large block rezoning which is proposed, by its very nature is arbitrary, unreasonable and capricious. Mr. Wildman felt that as a Commission, it would be better to deal with developments on a case by case basis rather than block rezoning. Donna Harvey Evans, 44 Wilson Drive, Carmel, appeared before the Commission as Trustee of her parents' farm which is located west of Springmill Road, bounded on the north by 136th Street, on the south by 131 st Street, and on the west by Six Points Road, and consists of approximately 74 acres. Ms. Evans felt that the current proposal devalues their land and takes away their rights and individual goals that the family has worked to achieve over the past 125 years. Ms. Evans made an emotional plea to the Commission that her family farm be the gray area which would bring together the City of Carmel and the Clay West property owners who want larger lot zoning. Thomas Grannan appeared before the Commission as trustee for Marie T. Grannan, owner of 40 acres located at 1049 West 141st Street. Mr. Grannan had negotiated a sale of the aforesaid ground, and with the advent of the proposed ordinance, the purchaser has insisted on a renegotiation of the previously reached agreement or withdrawal of the Primary Plat. The property is bordered by S-1 housing additions, i.e. Cheswick, Buckhorn, and Kingsborough. Mr. Grannan requested that he be allowed six months in order to re-do the engineering work and resubmit to the Plan Commission. Tom Thompson referred Mr. Grannan to Mark Monroe of the Department of Community Services for guidance and clarity in his particular situation. Robert McKinney, 1425 Gwynmere Run, Clay West, appeared before the Commission representing himself and his mother as property owners in the Clay West area. Mr. McKinney was concerned about affordable housing in Clay West if the proposed ordinance is passed. Mr. McKinney felt that the ordinance does not allow for diversity; Mr. McKinney was also concerned about a small tax base which would be a burden on fewer owners. Some land owners anticipated the growth and looked forward to selling at higher prices to provide for retirement. Mr. McKinney read a letter from his mother, Kathryn Berry McKinney, who felt she could no longer c:minutes\pc\1997.feb 5 afford to reside in Carmel due to the current decision-making in Carmel city government. Tom Thompson referred to letters received in support of Docket No. 85-96 OA to change the density requirements within the S-1/Residence zoning district, from Jill Perelman and Helen Hoffinan. Letters were received in opposition to Docket No. 85-96 OA from the following persons: Dr. Mark Richards; Dr. R. E. Fuller; Thomas R. McHaffie, President of Thomas R. McHaffie, Inc., custom home builder; Denny Yovanovich of Yovanovich Homes; Jerry Huston of J. Huston & Associates custom homes; Thomas P. Murphy, 460 plus acre property owner in Clay West; David Morton, designer-builder of Dave Morton Homes; Dr. John N. Pittman; Pat Freije, president of Pat Freije's Personal Designs, Inc.; Stephen P. Zinkan of Flynn & Zinkan Realty Company; Thomas S. Jones, Realtor; Thomas Hession, Builder; Andrew D. Kopanski, Jeffrey P. Keck, Dave Martin, Pete Gray, and Susan Ruffing of Executive Homes; Steven A. Wilson of Kings Mill; and Craig H. Rice. The public hearing was then closed on Docket No. 85-96 OA. In response to questions from Commission member Rick Sharp, John Molitor explained the process that if a plat is submitted before the effective date of the proposed ordinance, it would be entitled to be considered under the existing ordinance rather than the amended ordinance. Mark Monroe also explained the process of reviewing and revising ordinances to bring them in line with the Comprehensive Plan. Alan Klineman went over some of the history of the S-1 ordinance, and that the Commission had voted to establish 1.3 units per acre in all of Clay West, west of Springmill Road. At the City Council level, Councilman Ron Carter proposed dividing western Clay Township into two sections: 1.1 acreage, and 1.3 acreage. In effect, this has set neighbor against neighbor. Mr. Klineman commented that as a result of Mr. Carter's proposal, the Comprehensive Plan suggested that Clay West be divided along those lines; however, it was the majority feeling of the Plan Commission that Clay West should be treated all the same and that the density should be 1.3. Mr. Klineman felt that 1.0 units per acre was discriminatory in the overall picture. It was Mr. Klineman's feeling that Councilman Carter's intent was well meaning, however, the effect may not have been thoroughly thought out. Luci Snyder offered her opinion that the S-1 density in Clay West had been wrestled with over a period of years. Luci proposed a moratorium on building in S-1 until the development standards were brought into line, and that so far, the ordinance updates are moving along in little pieces. c:minutes\pc\1997.feb 6 Jay Dorman voiced his frustration that the ordinance had been presented a number of times and that there was sufficient time available to constructively channel an alternative to the existing ordinance; however, there have been no concrete proposals before the Commission, other than Judy Hagan's, since last spring. Jay commented that there has been nothing constructive heard from the organized building industry, only what they don't want. Rick Sharp also reviewed the Commission's initial recommendation to the City Council of 1.0 to 1.8 units per acre; this came back to the Commission from the Council; back to Committee; back to the full Commission; on to City Council with a 9-3 recommendation for approval with certain specific language added. This came back to the Plan Commission with a change in the S-1 zoning within certain geographic boundaries. Rick Sharp was also in favor of meeting with the land owners and developers with concrete proposals in mind. Rick encouraged the Commission to vote no to the current proposal and allow the Department to go back to the drawing board to deal with the entire issue at one time rather than inviting the instant scenario to recur in two or three months. Rick felt that the issue of the Comprehensive Plan has not been addressed, only one group of land owners. David Cremeans commented that while the current proposed ordinance would not solve the problem, it was at least a start and he asked for the approval of the ordinance. Jay Dorman asked the Commission to consider sending the original 1.3 to the Council. Tom Thompson stated that there was already an established pattern of density in Clay West, and the average is about 1.3 units per acre. The current ordinance does not support the 1.3 level. The sewer availability precludes building at 1.8, but as time goes on and more sewers are installed, there will be more pressure and more court battles to maintain the density as it is now if the ordinance is not changed. Tom felt that a 1.3 would not be too restrictive. Alan Klineman moved to amend the proposed ordinance as follows: Section 5.1.1, Minimum Area Requirements, the first section be amended to read as follows: "Residential subdivisions located west of Spring Mill Road and north of 96th Street (striking 141 st Street); strike the next two categories completely leaving the last category which is the east of Spring Mill category." Mr. Klineman believed this would accomplish 1.3; seconded by Jay Dorman. Paul Spranger moved to suspend the rules in order to vote on the amended petition, seconded by Dick Klar, unanimously approved. Dick Klar moved for the approval of Docket No. 85-96 OA as amended, seconded by Rick Sharp; the vote was 11 in favor, Chris White, Norma Meighen, and Rick Sharp opposed, MOTION APPROVED. c:minutes\pc\1997.feb 7 L Old Business: li. Commission to consider Docket No. 95-96 Z, a Rezone application for Hills Development TABLED BY PETITIONER 2i. Commission to consider Docket No. 3-97 ADLS, an Architectural Design, Lighting, Landscaping, and Signage application for Dauby, O'Connor, and Zaleski, LLC. Petitioner seeks approval to construct a 20,000 square feet general and medical office complex on 2.6 acres. The site is located within the Pro-Med Office Complex, southeast of the existing Tri-County Building. The site is zoned B-6/Business. Filed by Steve Dauby of DOZ. Gordon Byers, attorney at 36 South Ninth Street, Noblesville, appeared before the Commission representing DOZ. The petitioner is proposing to construct two office buildings, 8,000 and 12,000 square feet. Area neighbors were concerned regarding landscaping, lighting, and parking. The petitioner eliminated the parking to the rear and moved it to the side along with the lighting. The lighting is 20 foot standards, downlit, 250 watt which is the exact same candle power as Tri-County. The landscaping is a mix of traditional with the natural and is acceptable to Mike Hollibaugh of the Department as well as the neighbors. The petitioner has made commitments in writing that no trees will be removed from the site. Rick Sharp reported that the Special Study Committee had voted unanimously to recommend approval, contingent upon receipt of the written commitments. Paul Spranger moved for the approval of Docket No. 3-97 ADLS, DOZ, seconded by Rick Sharp; MOTION APPROVED. 3i. Commission to consider Docket No. 69-96 DP/ADLS, a Development Plan and Architectural Design, Lighting, Landscaping, and Signage applications for Currise and Carlson. Petitioner seeks approval to construct a total of 9,700 square feet additions to the existing office and retail buildings. The site is located at 9840, 9850, 9860, and 9870 North Michigan Road. The site is zoned I-1 Industrial and is located within the Michigan Road Overlay Zone. Filed by Reed Carlson of Currise and Carlson. Brad Barnes of Cuppy Groef& Turner, architects, appeared before the Commission representing the applicant. Several changes have been made in the original proposal; the entire 9 acre parcel has been combined for life estate planning purposes--this complies with the Department's recommendation and any future development on this parcel will be in full compliance with the c:minutes\pc\1997.feb 8 zoning ordinance as well as the green belt buffer. Indiana Dept. of Transportation has proposed the installation of a sidewalk just inside the right-of-way. One main concern was the landscaping; this has been addressed with Sundown Gardens and Altum Gardens. The 30 foot greenbelt has been extended by 12 feet in front of the 9840 addition. The head-in parking has been removed. Mark Monroe reported that the Department had recommended two cuts instead of the existing three and realignment of the curb cuts to better accommodate the customer traffic and truck traffic entering and exiting the site. The other recommended change is to move all parking from the front of the building to the rear which would better accommodate the landscape buffer. The Department has also proposed additional landscaping around the building and additional peripheral planting strips which would comply with the ordinance. Mark reported that the petitioner has not yet appeared before the Board of Zoning Appeals for the required variances; if the variances were not granted, the petitioner would likely have to re-appear before the Plan Commission for whatever changes would be involved. The purpose for the alternative plan was to alleviate the necessity of appearing before the Board of Zoning Appeals. The Department is recommending approval of its proposed plan which would not require variances on the petitioner's part. Rick Sharp reported that the Special Study Committee had recommended approval pending agreement with the Department on the landscape plan. The petitioner stated that he will be appearing before the Board of Zoning Appeals in March for three variances: the installation of concrete curbs; the 30 foot greenbelt buffer; and foundation plantings. Dave Cremeans moved for the approval of Docket No. 69-96 DP/ADLS, a Development Plan and Architectural Design, Lighting, Landscaping, and Signage applications for Currise and Carlson, conditioned upon written commitment that with future additions, the curb cuts would be reduced to two, per INDOT approval, to meet the standards of the community; seconded by Norma Meighen; APPROVED 13-0. 4i. Commission to consider Docket No. 88-96 OA., a zoning ordinance amendment to require that lots abutting or fronting on main thoroughfares be required to gain access from that main thoroughfare by means of an alley or frontage place. Filed by the Department of Community Services. Dave Cremeans reported the progress of the Subdivision Committee that the overall concept is good; however, the Committee is not sure that this ordinance amendment is the vehicle to c:minutes\pc\1997.feb 9 accomplish the intent. There was input from builders and developers. The Committee recommended that this item remain at the committee level for review for a period of 60 days. Dave Cremeans moved to TABLE Docket No. 88-96 OA for 60 days, UNANIMOUSLY APPROVED. 5i. Commission to consider Docket No. 87-96 O.A., a Zoning Ordinance amendment to establish a Hearing Officer for some matters to be heard before the Board of Zoning Appeals. Filed by the Department of Community Services. Dick Klar, as Plan Commission representative to the Board of Zoning Appeals, reported that the Board discussed the matter of a hearing officer and determined that the caseload over the past year has not been sufficient to support a hearing officer. Steve Engelking, Director of the Department, officially withdrew the proposal from the Board of Zoning Appeals. Dick Klar moved that Docket No. 87-96 O.A. be WITHDRAWN from consideration; motion UNANIMOUSLY APPROVED. J. NEW BUSINESS: lj. Commission to consider Docket No. 6-97 ADLS, an Architectural Design, Lighting, Landscaping, and Signage application for Executive Commons, Inc. The petitioner seeks approval to construct a 33,000 square feet office building on 2.714 acres. The site is located on lots 3 and 4 of the Carmel Centerpointe Subdivision, on the north side of Executive Drive. The site is zoned B-8/Business. Filed by Mick Scheetz of Executive Commons, Inc. Richard Henderson of Schneider Engineering, 3020 North Post Road, Indianapolis appeared before the Commission representing the applicant. Also in attendance was April Hensley, architect for the proposed development. Lots 3 and 4 were replatted to provide for a single lot; the ADLS application is for the single lot. There are two proposed office buildings: 9,000 square feet with six, 1500 square foot units; and 12,000 square feet with eight, 1500 square foot units. The expected use for the facility is for office space, possible medical use such as dental or optometrist. The plan provides for 113 parking spaces; 84 are required for this size development. There is an existing greenbelt buffer and vegetation along the northern property line which was approved along with the platting process. Additional landscaping is provided around the pond area along the frontage of Executive Drive and in front of the office buildings. c:minutes\pc\1997.feb 10 The dumpster will be enclosed with a wooden fence; the exterior mechanical equipment located at the rear of the buildings will also be fenced. The lighting will consist of pole mounted fixtures in the parking lot and wall mounted fixtures on the buildings, all within allowable lighting and intensity adjacent to residential property boundaries. The red brick exterior will be consistent with the neighboring Karrington Communities; the roof shingles will have the look of"weathered wood." Each entry unit will have its own, individual signage with Hunter Green background, white lettering, 40 square feet in size. Mark Monroe of the Department asked for clarification of the size of the building complex--it was presented to the Department as 33,000 square feet and to the Plan Commission as 21,000 square feet; the size of the project affects the parking requirement. There are three issues relating to the site plan: 1) location of curb cuts--the Department is suggesting one curb cut in the middle of the property byway of moving the easternmost curb cut farther west. Also the western most curb cut could be moved even farther west to align with the existing curb cut at the Kroger site. 2) the landscape plan is currently being reviewed and recommendations will be forthcoming from the Department; and 3) the lighting plan--the lighting plan in the Department's files reflects a higher foot candle, more light spillage at the property line--point one foot candle limit is recommended at this particular location. In response to questions from Dave Cremeans, Mark Monroe stated that there was an existing drainage problem on site which is currently being worked on; the other concern is light spillage. In response to questions from Norma Meighen, Mark Monroe reported that the area zoning does allow for a restaurant. Also, a fence has been installed along the northern boundary between the development and the residential subdivision. Alan Klineman was concerned about the placement of the dumpster and requested that it be re-located away from the residents to the north. Richard Henderson reported that Mick Scheetz has agreed to replace any and all landscaping that has died and add additional landscaping. Also, the discrepancy in the square footage was due to a planned basement in one of the buildings; however, the petitioner has decided not to add the basement. The petitioner is requesting approval of the curb cuts from the Board of Public Works. Dick Klar recommended landbanking some of the parking spaces rather than asphalting over and above what is actually needed at this time. Docket No. 6-97 ADLS, an Architectural Design, Lighting, Landscaping, and Signage application c:minutes\pc\1997.feb 11 for Executive Commons, Inc. was referred to the Special Study Committee which will meet Tuesday, March 4th at 7:00 PM in the Caucus Rooms of City Hall. 2j. Commission to consider Docket No. 7-97 ADLS, an amended Architectural Design, Lighting, Landscaping, and Signage application for Napa Auto Parts. The petitioner seeks approval to replace the existing sign. The site is located at 111 East Medical Drive. The site is zoned B-8/Business. Filed by Ed Williams on behalf of Napa Auto Parts. Ed Williams appeared before the Commission on behalf of the petitioner requesting approval of a replacement sign for the Napa Auto Parts store at 111 Medical Drive. The building has been re-painted and the existing sign was removed to accommodate the renovation. The signs are being replaced in all of their stores to provide for the new Napa logo, and a pipeline on either side of the lettering which is a fluorescent light with a shade over it. The signs are white plastic lettering with internal neon--not exposed. The overall square footage is 60 square feet which is within the allowable requirements. Luci Snyder asked about the color of the building--the shade of blue; Mr. Williams replied it is definitely "blue." Mark Monroe reported that the Department is recommending approval of the sign contingent upon the sign meeting the size requirement; the color situation is an interesting issue. The B-8 ordinance requires ADLS approval depending on whether or not a permit is required from the Department. Pat Rice noted a letter of concern which had been received from a neighbor to the project. Docket No. 7-97 ADLS, for Napa Auto Parts was referred to the Special Study Committee which will meet Tuesday, March 4th in the Caucus Rooms of City Hall. There being no further business to come before the Commission, the meeting was adjourned at 10:45 PM. H. K. Thompson, President Ramona Hancock, Secretary c:minutes\pc\1997.feb 12 c:minutes\pc\l997.feb