HomeMy WebLinkAboutMinutes PC 06-19-01CARMEL CLAY PLAN COMMISSION
JUNE 19, 2001
MINUTES
The regularly scheduled meeting of the Carmel/Clay Plan Commission was called to order with the
Pledge of Allegiance at 7:00 PM in the Council Chambers of City Hall, Carmel, Indiana.
Members present: Marilyn Anderson; Kent Broach; David Cremeans; Leo Dierckman; Linda Flanders;
Ron Houck; Nick Kestner; Dianna Knoll; Norma Meighen; Pat Rice; Rick Sharpe; Paul Spranger; and
Wayne Wilson.
Department of Community Services staff in attendance: Director Michael P. Hollibaugh; Jon
Dobosiewicz; Kelli Hahn; and Laurence M. Lillig.
John Molitor reported on pending litigation.
Marilyn Anderson reviewed the procedure for Conduct of Public Hearings.
11. Public Hearings:
lh. Docket No. 39 -01 ADLS; Meijer Convenience Store
Petitioner seeks Architectural Design, Lighting, Landscaping Signage approval for a
Convenience Store. The site is located at the northeast corner of West Carmel Drive and
Pennsylvania Street. The site is zoned OM/M (Old Meridian/Meijer District). The
petitioner also seeks approval of the following Zoning Waiver:
39 -Ola ZW Z -352 5.7B.1(a) 25' minimum building height
Filed by Paul G. Reis of The Reis Law Firm for Meijer, Inc.
Paul Reis, attorney, 12358 Hancock Street, Carmel, represented the petitioner. Bob Olson of
CSO Architects and Lynn Richardson, manager of real estate for Meijer, Inc. for the State of
Indiana were also in attendance. The petitioner is requesting approval of a 2400 square foot
convenience store with outside gasoline sales at the southwest corner of the current Meijer's Store
located north and east of Carmel Drive and Pennsylvania Street.
The location is now a part of the Old Meridian District and a freestanding convenience store is
permitted within the zone. The design and layout of the proposed convenience store, as well as
the building design and materials have been selected to comply with the standards of the Old
Meridian District. The exception is that the petitioner is requesting a waiver from the minimum
height requirement of 25 feet to lower the height of the building to approximately 17 feet.
No additional curb cuts are being proposed for the convenience store. Ground signs will be
located near Pennsylvania Street and the existing ground sign will be reconfigured for the
convenience store. Existing trees will be preserved as much as possible; new trees will also be
added as well as reconfiguring the parking lot area in conjunction with discussions with the
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department for traffic and to provide additional screening. The trash dumpster will be enclosed
and landscaped around it.
Building colors and materials will match or blend with the existing Meijers Store. At the front of
the convenience store, the materials are metal with articulated cornice. The canopy is white with
pillars and brick material consisting of a primary brick color and an accent brick color; the accent
color is also on the architectural coins on the corner and on the pillars of the canopy. There is
also exterior lighting at the front of the store.
Elevations of the buildings were displayed; decorative brick samples were distributed among the
members. In order to break up the length of the building, architectural features have been
incorporated such as accent brick. The same materials are utilized on the trash enclosure as are
utilized on the convenience store. There is a white band on the canopy and on the building itself.
Signage: On Carmel Drive, is essentially the same sign as existing, except the face of the sign will
be changed to incorporate the pricing information for the convenience store gas station. The size
and dimensions will remain as was approved when the store was approved. The second sign is
located farther up on Pennsylvania Street and is a little smaller, also showing the pricing
information and the Meijer logo. The only other signage being proposed is the welcome sign
above the door on the front facade.
The petitioner is seeking to reduce the height of the building from the 25 feet minimum height to
17 feet, a 31% reduction. The Old Meridian District Ordinance does allow waivers up to 35
The request is believed to be in harmony with the purposes and land use standards set forth in the
District Ordinance. The lower height will allow the building to be better screened from the US 31
corridor.
Members of the public were invited to speak in favor or opposition to the petition, no one
appeared and the public hearing was closed.
Department Report: Jon Dobosiewicz said the initial concerns with design and structure had been
addressed with the re- design in colors and materials consistent with the Meijer store. The
Department is still wrestling with how the reduction in height is better serving the intent of the
ordinance. Hopefully the Special Study Committee will delve into this further. The Department
is recommending that this be sent to the Special Study Committee on July 3rd.
Ron Houck asked the Committee to examine the colors of the proposed convenience store for
consistency with the parent store.
Madeline Fitzgerald asked about future development another fueling station? Also, the canopy
over the pumps needs to have detailed drawings submitted at the committee level. The petitioner
must furnish a commitment for outside storage.
Pat Rice asked about the initial plan on the convenience store that was reviewed and approved
some time ago. At that time, the Committee was looking at something that was compatible with
the corridor and not the store itself. What is being presented this evening is totally different.
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Paul Reis responded that the plan that was submitted for the other location on the Meijer property
looked a little more "village and residential." Brenda Scheer, consultant for the task force,
rejected the design and suggested a flat roof, and 25 feet height structure.
Paul Spranger commented that the petition for the convenience store and fueling station was
withdrawn prior to approval.
Nick Kestner asked for more detail on the trees and how it will look NOW, not 20 years from
now.
Docket No. 39 -01 ADLS, Meijer Convenience Store, will be reviewed by the Special Study
Committee on July 10, 2001, at 7:00 PM (not July 3
NOTE: Due to the Carmelfest activity on the City grounds the 3r and 4th of July, the Special
Study Committee will meet in the Department of Community Services Conference Room, 3r floor
of City Hall, on July 10, 2001 at 7:00 PM.
Items 2h and 2j for Victory Beauty Systems were TABLED to the July 17, 2001 full Commission
meeting.
3h. Docket No. 57 -01 PP (Primary Plat): The Townhomes at City Center
The site is located on the northwest corner of City Center Drive and 3r Avenue
Southwest. The site is zoned C -1 /City Center District.
Filed by Keith Lash of the Schneider Corporation for R H of Indiana, LP.
Alan Goldsticker, president of Ryland Homes in Indianapolis, 7400 North Shadeland Avenue,
and Keith Lash of Schneider Corporation, appeared before the Commission requesting primary
plat approval for the Townhomes at the City Center. The City Center is located at the northwest
corner of City Center Drive and Third Avenue, initially filed as Carmel Trace.
The Townhome project, as submitted, was approved by the Carmel Redevelopment Commission.
The exterior elevations of the homes will be Georgian in architectural design and similar to the
City Municipal buildings and of the same brick. The site consists of 41 brick townhomes, located
on two separate and adjacent parcels, one parcel is approximately two and one -half acres in size.
The site is currently zoned C -1/ City Center District, and complies with the stated zoning.
Members of the public were invited to speak in favor of the petition; no one appeared.
Members of the public were invited to speak in opposition to the petition; the following appeared:
Mary Herman, 450 Kimbrough Lane in Parkside Village, expressed the following concerns: the
narrowness of the parcel; frontage; the traffic the proposed development would generate; whether
or not Autumn Drive will be opened to traffic from the townhomes; and whether or not the
residents in Parkside will be looking at the back of the townhomes. Ms. Herman thought the area
was being over developed and she was also concerned about the removal of trees.
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Rebuttal: Alan Goldsticker clarified that 41, fee simple townhomes are being proposed. The
garages are to the rear of the homes and the appearance will have a very nice streetscape along
City Center Drive. The view will be that of brick townhomes. The units are "for sale" homes, not
condominiums, and will range in size from 1700 square feet to over 2,000 square feet; the average
sale price is between $150,000 and $210,000.
Keith Lash of Schneider Corporation addressed the Commission stating that the townhomes will
exit onto Autumn Drive. Autumn Drive was planned as a 126 Street extension, and the
geometric configuration in engineering Autumn Drive is substantial to support 41 additional
townhomes. The wooded areas between the townhome units will remain; there is also a wetlands
area that is being preserved.
The Public Hearing was then closed.
Department Report, Jon Dobosiewicz. The Department is recommending the Plan Commission
waive their Rules of Procedure in order to vote on this Docket this evening. All technical issues
have been addressed with respect to the plat. Under the requirements of the C -1 Ordinance, this
item will again be before the Department for ADLS for hearing and administrative determination.
The Department welcomes comments from the Commission regarding landscaping, building
elevations, etc.
Pat Rice explained to the public that the overall development had already been approved.
Dave Cremeans commented that the building appears to be brick on three sides. By virtue of the
location of the building, it would be much more appropriate to have brick on all four sides and
thereby consistent with the government building in close proximity.
Marilyn Anderson concurred with Dave Cremeans. The building is not particularly attractive
from the back, and brick on all four sides would enhance the overall development. Alan
Goldsticker said Ryland would commit to brick on all four sides of the buildings.
Ron Houck asked for dimensions of the parcel, whether or not a tree preservation plan is in place,
and what the dimensions of the landscaped areas as buffer between the adjacent parcel would be.
Nick Kestner commented that the rear of the buildings look into front yards, and some attention
needs to be given to the rear of the buildings.
Leo Dierckman moved to suspend the rules, seconded by Pat Rice. Motion Approved 14 -0.
Leo Dierckman moved for the approval of Docket No. 57 -01 PP (Primary Plat): The
Townhomes at City Center, seconded by Pat Rice, APPROVED 14 -0.
4h. Docket N. 58 -01 PP Amend (Primary Plat Amendment) West Carmel Center
Block G
The site is located southeast of West 106 Street and North Michigan Road. The site is
zoned B-3/Business and is located within the US 421/Michigan Road Overlay Zone.
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The petitioner also seeks approval of the following Subdivision Waivers:
58 -Ola SW SCO 6.3.7 >600' cul -de -sac
58 -01b SW SCO 6.3.5 connection of stub street
Filed by Kevin D. McKasson of Glendale Partners.
Kevin McKasson of Glendale Partners appeared before the Commission requesting a primary plat
amendment and subdivision waivers for West Carmel Center, Block G, at 106 and Michigan
Road. One of the major conditions for approval of the Target project was applying for a cul -de-
sac of Carwinion Drive (Way). Commerce Drive, a planned, secondary thoroughfare, was
extended south from 106 Street to 96 Street; Carwinion Way intersects with Commerce Drive
at that point.
The petitioner has met with the County Highway and they have approved the reconfiguration of
Carwinion Way into a cul -de -sac and cutting off access to Commerce Drive. The petitioner has
also met with the School Board, Fire Department, and Police Department, and approvals have
been granted for emergency vehicle access from Commerce Drive. In other words, there will be a
break -away barrier accessible for emergency vehicles but not commercial traffic.
It is understood that the Department of Community Services has some fundamental differences
with the cul -de -sac, since normal planning would dictate the connection of roads. However, the
persons most affected by the cul -de -sac are the neighbors themselves, and they are very much in
favor of the cul -de -sac.
Steve VanSoulen, real estate consultant and attorney representing Mr. McKasson, (also a resident
of Ashbrook at 3926 Carwinion Way) said the County Commissioners had voted unanimously, 3-
0, in favor of creating the cul -de -sac. The variances are consistent with the ordinance, and
granting the cul -de -sac will not be injurious to the public health, safety and welfare of the
community. East of the cul -de -sac is the Ashbrook amenity center, pool, tennis courts, and
recreation facilities for Ashbrook. If cut through traffic were to go through the area, the first
thing the cars would come upon would be the area reserved for family recreation. The use or
value of the area adjacent to the property included in the proposed plat will not be affected in an
adverse manner. The need for the cul -de -sac arises by a condition peculiar to the property, i.e.
because of the uses of the adjoining property. The property is now a regional, retail center; it
does not connect residential to residential, or commercial to commercial -it connects a large
regional retail area to a residential area. A strict application of the terms of the ordinance will
constitute an unusual and unnecessary hardship. Allowing the street to remain a thoroughfare
would create a safety hazard to all the residents, since traffic would come from the regional center
through the neighborhood. The future Michigan Road improvements will create an appealing
opportunity for people to by -pass the activity and cut through the neighborhood. The granting of
this variance does not interfere with the Comprehensive Plan -there is no zoning issue here. As
the Thoroughfare Plan is enacted, the traffic will continue on Commerce Drive to 96 Street, and
appropriate commercial traffic will be traveling on appropriate commercial roadways. Mr.
VanSoulen asked the Commission to consider the partnership the developer and the neighborhood
have engaged in the last two years as related to this development; the unanimous County
Commissioner approval for the Carwinion Way cul -de -sac; the consistency of the variance grant
with the Subdivision Regulations; and the approvals and support given by the government
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agencies. The petitioner is requesting a waiver of the Rules of Procedure and approval of the
plat as submitted.
Members of the public were invited to speak in favor of the petition; the following appeared:
Michael Dugan, 3805 Carwinion Way, spoke as president of the Homeowners Association of
Ashbrook. The history of the situation dates back to the primary plat of the Ashbrook
Subdivision. The area was changed with the enactment of the 421 Overlay Ordinance.
Commercial development moved south of 106 Street and adjacent to Ashbrook. The strip center
project was approved and occupied, plus three outlots that now house Walgreens, Ritter's, and a
Wendy's, currently under construction. The residents of Ashbrook took an active role in the
public process, believing that collaberation and compromise would be more powerful than
remonstrance. The Homeowners Association has developed a strong relationship with Mr.
McKasson based on honest and timely communication and trust. Mr. McKasson has been diligent
in his commitments to the neighbors. At the time of Technical Advisory Committee regarding the
proposed Meijer, the topic of forming a cul -de -sac at the connection of Carwinion Way to
Commerce Drive was discussed. The neighbors supported Meijers if Mr. McKasson would
support the cul -de -sac concept, application, construction, and maintenance. The Home Depot
store was supported as long as Carwinwion Way was allowed to be a cul -de -sac; 90 homeowners
out of 120 are in favor of the cul -de -sac; there is one homeowner against the cul -de -sac. The
Department of Community Services stated that the cul -de -sac was on a different parcel and would
require a separate re -plat. The previous director of the DOCS suggested the neighborhood get
approval from Hamilton County for the abandonment of a small segment of Carwinion Way and
then return to Carmel. The Hamilton County Commissioners supported the cul -de -sac of
Carwinion Way by a unanimous vote of 3 -0. There are pipeline easements in the area that affect
the geometry and turning radius of fire trucks and school buses. Traffic is a definite concern.
Michael Dugan asked that Commerce Drive be developed to carry commercial traffic and deliver
it to major arteries, not Carwinion Way. It may not be perfect planning, but it is the "right thing
to do." A suspension of the rules and vote this evening is requested. If not possible, the public
hearing should be left open for further input at the Committee level.
Members of the public were invited to speak in opposition to the petition; the following appeared:
Marcy Fisher, 3935 Carwinion Way, recently purchased her home and had the following
concerns: Quality of Life, health, safety, and environmental. Ms. Fisher is the second house from
the proposed cul -de -sac and it would increase her morning commute a minimum of 20 minutes,
and the evening commute would increase a minimum of 15 minutes. Ms. Fisher can now view the
rear of the Target store, but with the cul -de -sac, would not be able to get to it directly. A walking
path would not be helpful, since most purchases cannot be carried home. Ms. Fisher was also
concerned with the response time by fire and emergency vehicles that would be at least 7 minutes.
Ms. Fisher said she is now feeling like a "second -class citizen," since she will have to drive
through other neighborhoods at 20 miles per hour in order to exit the subdivision.
Rebuttal: Steve VanSoulen said the cul -de -sac was designed with walking accessibility to the
commercial area. Also, fire and safety vehicles do have access across "pavers" so that public
safety is not at peril.
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Department Report, Jon Dobosiewicz. There are several issues the Department has raised with
respect to issues necessary for the Plan Commission to deliberate. The need is not to generate
public opinion in regard to the desirability of the project, but rather for the Plan Commission to
have an active role in determining, through the presentation of evidence, whether it would be
beneficial for the development to occur in one of two ways. Mr. McKasson has indicated that a
traffic study will be provided; the Department is still waiting for the traffic impact study as
promised by the petitioner. The City and Plan Commission have been endorsing this issue since
1990 and at every stage, the connection was always an issue, although it may not have come to
light as part of a public presentation. Michael Dugan indicated that other traffic calming methods
were deemed ineffective or impractical. It is not known if the Plan Commission has had an
opportunity to make that determination. The Department would like to evaluate evidence as to
that finding. Through the Department's investigation and preparation of its report, it has come to
light that commitments were made by the developer, Shadybrook, at the time the original
development was proposed in 1990. At that time, commitments were made for improvements to
96 Street and Shelborne, 421 and 106 and Shelborne and 106 Street. The Department would
like the petitioner to address those issues. The original traffic study indicated that 50% of the
traffic in AM and PM peak hours traveled this route to get home. If access to Carwinion Way is
closed, there is significantly more traffic entering and exiting at the entrance to the Subdivision
along Shelborne Road, those people would have to go one of two ways, either the intersection at
96 and Shelborne or 116 and Shelborne. Evidence in the form of a traffic study is needed to
determine what improvements are necessary at those intersections, not just due to the closing of
Carwinion Way but that are relative to the commitments made at the time of original approval.
The suggestion of waiving the rules and voting this evening without further discussion is an
irresponsible recommendation to the Plan Commission. The Department has not had an
opportunity to review the information; it was never a part of the ADLS petition. The
Department's recommendation is that this item be Tabled to the July 17 meeting to allow
submission of the traffic report.
The Public Hearing will remain open on this Docket.
Dave Cremeans said there has been a lot of discussion on this issue and he agrees with comments
made by Mr. McKasson, Mr. Van Soulen, and Michael Dugan. Mr. Cremeans did not really
understand why the Department was objecting; he did not think it was necessarily great planning,
but he was in favor of creating the cul -de -sac. Dave Cremeans wanted to suspend the rules and
vote this evening.
Ron Houck said the project was initially brought forth in infancy of the 421 Overlay. The
dynamics of the area have changed. No one envisioned the "big box retailer." As far as Mr.
Houck was aware, there has never been a policy of promoting interconnection of residential to
commercial of this scale by vehicular means. Mr. Houck was also in favor of creating the cul -de-
sac.
Marilyn Anderson was interested in seeing previous commitments made to improve the
intersections of 96 and Shelborne, and 106 and Shelborne, and would like to see a traffic study.
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Kevin McKasson said he was not aware of any commitments previously made that this developer
has not done. Traffic commitments have been complied with; 106 has been improved as well as
Michigan Road. A traffic study was done when this project was started- -even though it was not
required. To do another traffic study is $6,000 -if this becomes a necessary expense, Mr.
Fehribach will be engaged to do that. Again, a traffic study is not required.
Jon Dobosiewicz referred to minutes from 1990 and commitments made by Shadybrook, the
developer at that time. Somewhere along the line, the Department has either not addressed the
issue or felt that it was not appropriate due to the limited development at that time. The
Department feels that now is a good time in view of the additional traffic that will be created by
the closure of Carwinion Way.
Ron Houck thought this was merely an enforcement of the original commitments that were made.
This is a separate and distinct issue from what the Commission is being asked to do regarding the
cul -de -sac.
Steve VanSoulen commented that any commitments made by a prior developer are not part of this
petition. The issue should have been addressed when the maintenance bonds were released for
the developer, 7 to 10 years ago. The County, whose road this is, did not require a traffic study.
The County required the input from public safety, fire, school, and the neighbors.
Madeline Fitzgerald did not want to approve the cul -de -sac without knowing what the impact or
expected result will be. Ms. Fitzgerald was in favor of proceeding with a traffic study.
Dave Cremeans said the major intent is to eliminate the cut through traffic. The only traffic
generated not going through is the 120 houses in the subdivision.
Marilyn Anderson said the previous traffic study factored in Carwinion Way as being a through
street and reduced the traffic count at 96 and Shelborne and 126 and Shelborne by 20- some
Not only are we not lessening the traffic, we are taking the homes from within the development as
well as the other percent that is not cutting through, and dumping all of them onto these two
intersections. What we are doing to improve the two intersections becomes very important -it is
not just the 120 homes, it is the decreased percent that was used in the traffic study initially.
These need to be addressed at the Committee level.
Dave Cremeans agreed, but felt that there are two separate issues. One is the intersections of 96
and Shelborne and 106 and Shelborne; and a separate issue of whether or not the neighborhood
deserves a cul -de -sac. Mr. Cremeans wanted to approve the cul -de -sac now and address
intersection improvements later.
Paul Spranger thought perhaps a letter could be drafted to the County Commissioners from the
Plan Commission president, requesting the County look at the two intersections regarding
improvements.
Ron Houck felt that the traffic study may highlight that there is a minor impact in making
Carwinion Way a cul -de -sac and the Commission would probably be in favor of it. If it were a
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major impact and merely highlighted the volume of traffic being routed through this
neighborhood, it would make as much sense in 30 days as it does now. We tend to stabilize
residential areas and this is a de- stabilizing factor. For that reason, we would want a cul -de -sac.
Dave Cremans moved to suspend the rules, seconded by Pat Rice. APPROVED 13 in favor
Marilyn Anderson opposed.
Ron Houck moved for the approval of Docket No. 58 -01 PP Amend, West Carmel Center,
Block G, seconded by Leo Dierckman. APPROVED 13 in favor, Marilyn Anderson opposed.
Ron Houck moved to approve 58 -Ola SW.
Ron Houck amended his motion for approval to include 58 -01b SW. The motion, as amended,
was seconded by Leo Dierckman. APPROVED 13 in favor, Marilyn Anderson opposed.
I. Old Business:
11. This Item Currently Tabled due to Pending Litigation:
Docket No. 109 -99 DP /ADLS; Wingate Inn
Development Plan and Architectural Design, Lighting, Landscaping Signage
applications for Meridian Hotel Partners. The petitioner seeks approval to construct a
57,500- square -foot hotel on 4.066± acres. The site is located at 1460 West Main
Street (northeast corner of East 131s Street and North Meridian Street). The site is
zoned S -2 /residence within the U.S. 31 Overlay Zone.
Filed by Philip A. Nicely of Bose McKinney Evans for Meridian Hotel Partners.
2i. Docket No. 186 -00 Z; DePauw Rezone
Petitioner seeks favorable recommendation of a rezone from the S -2 /residence district
to the B5/business district on 1.87± acres. The site is located northwest of West 131s
Street and North Meridian Street. The site is zoned S -2 /residence.
Filed by E. Davis Coots of Coots Henke Wheeler for CH Land LLC.
3i. Docket No. 187 -00 Z; DePauw Rezone
Petitioner seeks favorable recommendation of a rezone from the S -2 /residence district
to the B- 5/business district on 9.42± acres. The site is located northwest of West 131s
Street and North Meridian Street. The site is zoned S -2 /residence within the US
31/Meridian Street Overlay Zone.
Filed by E. Davis Coots of Coots Henke Wheeler for CMC Properties, Inc.
Dave Coots of Coots Henke Wheeler, 255 East Carmel Drive, appeared before the
Commission representing CH Land LLC and CMC Properties, Inc. These items were tabled at
last month's meeting and sent back to Committee. The conditions were reviewed by the Special
Study Committee and the petitions were given a favorable recommendation.
The petitioner reviewed the rezone language and took into account the conditions that the
committee attached to their recommended approval of the Rezone. The covenants on the CH
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Land LLC parcel specify that prior to improvements being constructed upon the real estate
described in Exhibit A (1.88 acres) Plan Commission approval of ADLS, pursuant to US 31
Overlay Zone, would be obtained and adhered to by the developer.
Regarding CMC Properties, Inc., the covenants state that prior to any improvement to the
property, the configuration and construction of the intersection of the access point with Meridian
Corners Boulevard are to be in conformity with the plan submitted to the Special Study
Committee and approved by the City Engineer. Thereafter, any redesign of that intersection,
upon the completion of Meridian Corners Boulevard, would be done at the cost of the developer.
The covenants have been prepared and submitted to the Department.
Department Report, Jon Dobosiewicz. In addition to the written report made by the Department,
the information Mr. Coots has submitted is also being referenced. These include copies of the
ordinances, written commitments regarding the ADLS, and the issue with respect to Meridian
Corners Boulevard and access to this site. It was the desire of the Committee to obtain a
recommendation to forward to the City Council. The Department will forward information to the
City Council that illustrates where we are with regard to this residual piece (DePauw) that we are
not forwarding to Council with a recommendation at this time. As long as the Council has
complete information to make their decision, the Department feels comfortable forwarding these
two items to City Council.
Leo Dierckman, chairperson of the Special Study Committee, reported that the Committee had
voted 4 in favor, 2 opposed, Pat Rice abstaining. The commitments are as outlined by Mr. Coots;
the third issue is the potential need for street improvements on the third parcel when a ramp off of
US 31 is pursued. The Committee recommended that this be dealt with at the City Council level.
Paul Spranger moved to send Docket No. 186 -00 Z, DePauw Rezone, and 187 -00 Z; DePauw
Rezone to City Council with a FAVORABLE RECOMMENDATION, with a "footnote" to
look carefully at the third parcel where there are plans for roadway improvements,
currently on the City's Thoroughfare Plan, and the petitioner should be asked for a period
of time to put the third parcel in abeyance for any development until the City and State
have had an opportunity to finish preliminary planning and environmental study, seconded
by Dave Cremeans. APPROVED 12 in favor, Leo Dierckman opposed, (Pat Rice, no vote -out
of the room when vote was taken.)
4i. Docket No. 25 -01 Z; College Hills PUD
Petitioner seeks favorable recommendation of a rezone from the R -1 /residence district to a
PUD /planned unit development district on 20.5± acres. The site is located northwest of
East 96 Street and North College Avenue. The site is zoned R -1 /residence.
Filed by Charles D. Frankenberger of Nelson Frankenberger for Gershman Brown
Associates.
Charles Frankenberger of Nelson Frankenberger, 3021 East 98 Street, Indianapolis, appeared
before the Commission representing Gersman Brown Associates. The petitioner is seeking
approval of a rezone from R- 1/Residence to a PUD /planned unit development district, on a site
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located northwest of East 96 Street and North College Avenue.
Charlie Frankenberger formally thanked all members of the Subdivision Committee in fairly and
objectively evaluating this project and the accompanying PUD Ordinance. This project was
evaluated at four, separate Subdivision Committee meetings. There were a number of difficult
issues to deal with, not the least of which were traffic and land use. The concerns of the majority
of the Committee members have been addressed in these two areas.
Department Report, Jon Dobosiewicz. Other than a recommendation that the Plan Commission
forward this item to the City Council with a favorable recommendation, the Department has no
additional issues; all issues have been covered appropriately.
Ron Houck, chairperson of the Subdivision Committee, reported that the Committee had look at
and identified issues associated with compatibility of land use and impact, and the traffic. At the
conclusion of all meetings, the Committee determined that this is a suitable project for the area
and the favorable vote of 5 -0 reflected that.
Norma Meighen moved for the approval of Docket No. 25 -01 Z, College Hills PUD, seconded
by Ron Houck. The vote was 11 in favor, Madeline Fitzgerald opposed, 2 no votes (Kent Broach
and Pat Rice were out of the room when the vote was taken.)
Following a short recess, the Commission continued with the following items of business:
5i. Docket No. 32 -01 PP; Woods of Williams Creek Subdivision (Pending Subdivision
Committee action on June 12)
The petitioner seeks approval to plat a 73 -lot subdivision on 74.78± acres. The site is
located on the northwest corner of West 136 Street and Spring Mill Road. The site is
zoned S -1 /residence.
The petitioner also seeks approval of the following Subdivision Waivers:
32 -Ola SW SCO 6.2.1 Suitability of Land
Filed by David Barnes of Weihe Engineering for Williams Creek Woods LLC.
Dave Barnes of Weihe Engineers, 10505 North College, appeared before the Commission seeking
Primary Plat approval and Subdivision Waiver for Williams Creek Woods. The petitioner has
appeared before the Subdivision Committee on three occasions, and at the last meeting on June
12, 2001, approval was recommended.
Department Report, Jon Dobosiewicz. A letter was received from Buckhorn Homeowners
Association and was distributed to the Commission members this evening. The Department
Report recommends approval of the plat as formally recommended by the Subdivision Committee.
Ron Houck, chairperson of the Subdivision Committee, reported one of the concerns as floodway
considerations and the greater concern expressed by adjacent residents of Buckhorn was "traffic."
Alternatives were explored but not deemed to be viable. The initial plan was preferable with the
inner connection to Buckhorn, noting that there will not be a large increase in traffic, based on the
traffic report submitted by the petitioner. Construction traffic will not proceed through
Buckhorn. The Committee voted unanimously in favor of this primary plat.
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Ron Houck moved for the approval of Docket No. 32 -Ola SW, Suitability of Land, Woods of
Williams Creek, seconded by John Sharpe, APPROVED 14 -0.
Ron Houck moved for the approval of Docket No. 32 -01 PP, Woods of Williams Creek
Subdivision, seconded by John Sharpe, APPROVED 14 -0.
6i. Docket No. 33 -01 ADLS; Merchants Square, Carrabba's Grill
Petitioner seeks Architectural Design, Lighting, Landscaping Signage approval for a
restaurant. The site is located northeast of Keystone Way and Keystone Way East. The
site is zoned B -8 /business.
Filed by James J. Nelson of Nelson Frankenberger for Outback Steakhouse.
Jim Nelson, 3663 Brumley Way, Carmel, reported that Carrabba's Grill ADLS application was
reviewed by the Special Study Committee on June 5, 2001. The Committee requested additional
commitments and certain modifications to the plans, and those were summarized and incorporated
in the informational packets distributed by the Department. The changes have been appropriately
filed with the Department; with that filing, the recommendation of the Special Study Committee
was favorable.
Department Report, Jon Dobosiewicz. The Department recommends approval of the petition as
amended. The conditions recommended by the Special Study Committee were sent to the full
Commission.
Leo Dierckman, chairperson of the Special Study Committee, reported that the committee voted
7 -0 in favor of the petition, based upon commitments submitted.
Leo Dierckman moved for the approval of Docket No. 33 -01 ADLS, Merchants Square,
Carrabba's Grill, seconded by Madeline Fitzgerald. APPROVED 14 -0.
There was discussion as to availability of the Township Center for the Subdivision Committee and
possible alternative dates in lieu of the Carmelfest activities.
Note: The Subdivision Committee will meet July 10, 2001 at 6:30 PM at the Hensel Government
Center, 107 and College, prior to the 7:00 PM Home Place Task Force Meeting.
Items 7i. and 8i. were heard together.
7i. Docket No. 40 -01 ADLS; Merchants' Pointe Lot 2, O'Charley's
Petitioner seeks Architectural Design, Lighting, Landscaping Signage approval for a
restaurant. The site is located southwest of East 116th Street and Keystone Avenue. The
site is zoned B -8 /business.
Filed by Byron Bohrman of Design and Engineering, P.C.
8i. Docket No. 41 -01 ADLS; Merchants' Pointe Lot 3, Longhorn Steakhouse
Petitioner seeks Architectural Design, Lighting, Landscaping Signage approval for a
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restaurant. The site is located southwest of East 116th Street and Keystone Avenue. The
site is zoned B -8 /business.
Filed by Warren Koch of WD Partners.
Jim Nelson of Nelson and Frankenberger appeared before the Commission representing
O'Charley's Restaurant, Lot 2 in Merchants' Pointe, and Longhorn Steakhouse, Lot 3 in
Merchants Pointe; these two items were reviewed by the Special Study Committee on June 5
The changes made during the review process have been filed with the Department and the
recommendation of the Committee was favorable on both items.
Department Report, Jon Dobosiewicz. The Department has nothing additional to add and is
recommending that both items be approved.
Leo Dierckman, chairperson of the Special Study Committee, reported nothing additional.
Nick Kestner asked about sidewalks. Jim Nelson responded that a written commitment was filed
with the Department providing for a pedestrian access way from the sidewalk running parallel to
116 Street, between lots 2 and 3 into Merchants Pointe.
Norma Meighen moved for approval of Docket No. 40 -01 ADLS, Merchants Pointe Lot 2,
O'Charley's; and Docket No. 41 -01 ADLS, Merchants Pointe Lot 3, Longhorn Steakhouse,
seconded by Leo Dierckman.
Leo Dierckman confirmed that the neon band on the O'Charley's Restaurant building was
eliminated.
Norma Meighen's motion for approval on both Dockets 40 -01 ADLS and 41 -01 ADLS was
APPROVED 14 -0.
9i. Docket No. 42 -01 DP /ADLS; Meridian at 465 Heart Hospital and Medical Office
Building
Petitioner seeks Development Plan and Architectural Design, Lighting, Landscaping
Signage approval for a hospital and medical office building. The site is located at the
southwest corner of 106th Street and US 31. The site is zoned B -6 Business and within
the US 31 Overlay Zone.
Filed by Paul G. Reis of The Reis Law Firm for REI Investments, Inc.
Paul Reis, attorney, 12358 Hancock Street, Carmel, appeared before the Commission
representing the petitioner. Mr. Reis reported that the petitioner had also appeared before the
Special Study Committee on June 5, 2001 and presented this project for consideration.
This project has been approved by the Board of Zoning Appeals to place certain parking within
the 90 foot build -to line along the east side of the project. This was done to eliminate any parking
on the west side of Illinois Street, adjacent to the neighborhood. Mr. Reis reported that all
outstanding issues with the neighbors have been satisfactorily resolved concerning this project.
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Department Report, Jon Dobosiewicz. The Department recommends approval of the petition. The
sole issue, pursuant to the 31 Overlay, the Plan Commission by its president is required to make
Findings of Fact rather than each member of the Commission.
Leo Dierckman, chairperson of the Special Study Committee, reported the petitioner did an
excellent job of addressing all issues before the Committee. The petitioner worked with the
neighbors in addressing their issues, and the Committee voted 7 -0 for approval.
Marilyn Anderson asked if the landscape plan was reviewed at the Committee level. Leo
Dierckman responded that the Committee as well as the City Urban Forester had reviewed the
landscape plan.
Ron Houck asked if there were a commitment from the petitioner regarding the helicopter pad
issue.
Leo Dierckman said the helicopter issue had been covered; there is no way a helicopter pad could
be approved without returning to the full Plan Commission.
John Sharpe moved for the approval of Docket No. 42 -01 DP /ADLS; Meridian at 465 Heart
Hospital and Medical Office Building, seconded by Leo Dierckman. The motion was
APPROVED 14 -0.
10i. Docket No. 43 -01 ADLS; Merchants Square, Donatos Pizza Restaurant
Petitioner seeks Architectural Design, Lighting, Landscaping Signage approval for a
restaurant. The site is located at 1422 Keystone Way. The site is zoned B -8 /business and
is located partially within the SR 431/Keystone Avenue Overlay Zone.
Filed by Kevin Cavanaugh for Donatos Pizza Restaurant.
Kevin Cavanaugh, 7705 Andrew Pass, Plainfield, Indiana appeared before the Commission
representing Donatos Pizza. The Special Study Committee reviewed this project on June 5, 2001,
and requested a change in the signage on the front facade. The requested change has been made
and submitted to the Department.
Department Report, Jon Dobosiewicz. The applicant has provided additional information
submitted to the Commission members this evening. The Department recommends approval with
the change submitted.
Leo Dierckman, chairperson of the Special Study Committee, said the petitioner had worked well
with the Committee and had agreed to "tone down" the sign and eliminate some of the red
background. The Committee voted 7 -0 in favor of the petition.
John Sharpe moved for the approval of Docket No. 43 -01 ADLS, Merchants Square, Donatos
Pizza Restaurant, seconded by Leo Dierckman. APPROVED 14 -0.
111. Docket No. 47 -01 CA; The Retreat
Petitioner seeks Commitment Amendment approval to revise the approved Preliminary
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Site Plan and No Build Zone. The site is located north of I -465 and west of Westfield
Blvd. The site is zoned R -4 Residential.
Filed by Harry F. Todd of Gibraltar Properties for Gibraltar Properties, Inc.
Harry Todd, general counsel for Gibraltar Properties, 3815 River Crossing Parkway, Indianapolis
46240, appeared before the Commission. The petitioner appeared before the Special Study
Committee June 5, 2001 for review of four areas of amendments to commitments made in 1999.
The petitioner agreed to table one of the items for further study; two items were recommended
for approval without condition; on the fourth item, the petitioner agreed to file another zoning
commitment relating to the location of the maintenance building.
Department Report, Jon Dobosiewicz. The Department recommends approval of the three
petitions indicated, subject to commitments. The Department is still requiring information
regarding right -of -way to address the item that was Tabled by the Special Study Committee.
Leo Dierckman, Chairperson of the Special Study Committee, stated that item number one and
three were recommended for approval; in regard to item four, the utility/ maintenance building is
to be re- located; and item number two was Tabled by the Committee. There was discussion on
item two regarding the location of the path and what it would consist of if it were eliminated from
the wetlands that the Army Corps. of Engineers (actually IDEM) has not approved for their use.
There was also discussion of a path along Westfield Boulevard -the Committee decided that it
would be impossible to develop a path in the space provided because of the need for heavy
landscaping between the development and Westfield Boulevard.
Harry Todd responded that the petitioner was to meet with the City Engineer and get her
recommendation on what could be done. American Consulting talked with Kate Weese and Ms.
Weese requested that the petitioner submit in writing what the issues are and she will respond in
writing.
Leo Dierckman asked that the Department take notice that the petitioner has not fully complied
with the Committee's request and the path around the lake should be followed -up. After the
petitioner meets with Engineer Kate Weese and receives her input, the petitioner will return to the
Special Study Committee.
Leo Dierckman moved for the approval of items 1, 3, and 4 as amended, (excluding item 2) on
Docket No. 47 -01 CA, The Retreat, seconded by Pat Rice. APPROVED 14 -0.
J. New Business:
lj. Docket No. 46 -01 ADLS; Dan Young Chevrolet
Petitioner seeks Architectural Design, Lighting, Landscaping Signage approval for
an auto dealership. The site is located northeast of East 96 Street and Keystone
Avenue. The site is zoned B- 3/business and is located partially within the SR
431/Keystone Avenue Overlay Zone.
Filed by Charles D. Frankenberger of Nelson Frankenberger for D. Young
Chevrolet, LLC.
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Charlie Frankenberger, 4983 St. Charles Place, Carmel, appeared before the Commission
representing Dan Young Chevrolet in its request for ADLS approval to renovate the car
dealership at Keystone 96 Street.
The real estate is bordered on the south by 96 Street and on the west by Keystone Avenue.
Other uses in the area include car dealerships, gas stations, and fast food restaurants. The
Keystone Avenue Overlay Zone applies to 120 feet on either side of the right -of -way, although
only the western 120 feet of this site fall within the Keystone Overlay Zone.
There are now five buildings located on the site; on of the buildings will be razed. Two of the
buildings will remain the same; two of the buildings will be changed to reflect new elevations and
square footage. The previous Honda Building will be reduced from 19,600 square feet to 9,000
square feet, 3,000 of which is a canopy. Other improvements will be made to lighting and
landscaping, illustrated in the informational packets.
Landscaping: Subject to the approval of INDOT, the existing fence along the western boundary
of the site that runs north to Keystone Office Park will be taken down; the petitioner will then
plant a row of hick yew hedges. If, for any reason, INDOT does not permit the hedgerow or later
requires the removal of the yews, the petitioner will submit a written commitment that they will
plant the hedgerow within the petitioner's real estate. Other landscaping includes the following:
three brick or stamped, concrete pads along the western boundary and accented by additional
landscaping, including flowers and a center tree. Shrubs and flowers will be planted to areas
internal to the parking lot; there will also be deciduous trees planted.
There will be extensive landscaping in the northwest corner of the site. In the middle of the
landscape strip is the boundary between the petitioner's real estate and the Keystone Office Park
to the north. Tom Wood has consented to the planting of the additional landscaping that will
consist of bushes, hedges, and 17 trees. There is an 8 to 10 foot mound located upon the real
estate in the northwest corner that extends approximately the length of the landscape strip. In
addition to the landscaping and in order to provide better buffering for the office park to the
north, Dan Young is also proposing a 6 foot, concrete block wall that will extend the length of the
point where the mound tapers, approximately the eastern edge of the landscape strip, all the way
to where there is a gate toward the eastern end of the site. Pursuant to prior commitments, Dan
Young has agreed to close the connection between him and the Keystone Office Park by
December 31, 2001.
Signage: All uses in the B -3 district are Special Uses and as such, must appear before the Board
of Zoning Appeals for approval of an amendment to the previously granted special use. The
petitioner will also be appearing before the Board of Zoning Appeals by separate application for
sign variances. In the B -3 Business District, one 40 square foot sign is permitted. Wall signs and
ground signs are being proposed. The architecture and design Architecture design, wall sign
and ground sign. The main monument sign will be located at the entrance off 96 Street and
constructed of concrete block and EFIS material. The letters are blue in color and internally
illuminated. In addition, there will be four, ground directional signs
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One of the two buildings will be enlarged, the other will be reduced. The added exterior surfaces
will be light beige EFIS, light tan concrete, masonry units, (split -face block). The signage will
also include a sign indicating the show room entrance and a service area. Each sign will be
individually mounted, internally lit, blue letters. There is also a "greeter" kiosk located at the
entry to the car dealership. A photometric chart shows the spillover at boundary lines and the
type of intended fixture that is a recessed, shoebox fixture.
Department Report, Jon Dobosiewicz. There are two concerns: these are the existing pylon signs.
Ultimately, it will be the determination of the BZA as to whether or not to approve the variances.
Dept report. The Department would like the petitioner to sit down with them to review
alternatives in place of the two pylon signs.
The Department is recommending that this be referred to the Special Study Committee on July
10, 2001, in the DOCS Conference Room at 7:00 PM.
Nick Kestner asked the Committee look at the west elevation along Keystone -to do something to
break it up at bit and make it look a little more attractive.
2j. Docket No. 51 -01 ADLS: 1437 Keystone Way Victory Beauty Systems
Petitioner seeks ADLS approval for a sign. The site is located at 1437 Keystone Way,
northwest of the intersection of Keystone Avenue (US 431) and 116th Street. The site is
zoned B -8.
Filed by Kevin Miller of Action Sign Company for Victory Beauty Systems.
Note: This item paired with Item lh under Public Hearings.
TABLED to July
3j. Docket No. 55 -01 ADLS Amend: Shell Station 3202 East 96 Street
Petitioner seeks ADLS Amendment approval for a sign package and modification of
building facades. The site is located on the northeast corner of 96 Street and Keystone
Ave. The site is zoned B-3/Business.
Filed by Insight Engineering, Inc. for Equiva Services, LLC.
Doug Floyd, attorney, 970 Logan Street, Noblesville, appeared before the Commission
representing the petitioner. Also in attendance was David George of Insight Engineering in
Carmel at 650 East Carmel Drive.
The Department's recommendation is the same as in the Dan Young Chevrolet petition.
The site is located at the northeast corner of Keystone Avenue and 96 Street. The existing
convenience store and service station located at the north end of the property, and the car wash,
located immediately to the east of the main building, and the canopy located in the center of the
property that covers the pump islands.
This petition is coming before the Commission for ADLS review under the requirements of the
Keystone Overlay zone. The petitioner is proposing to change the face and location of the
existing signs.
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Sign A (on the overhead) is a ground sign located on the west side of the property facing the
Keystone Avenue site. Site B is a pylon sign intended to attract highway business identification.
Sign C on either side of the canopy will be removed. Signs D and E are signs currently located on
the north and south end of the carwash tunnel; one says entrance, the other says exit. The ground
sign has two brick pilasters with the price information and the shell pectin, together with "food
Mart" located in between and an internally illuminated panel. Sign B is the pylon sign that
identifies Shell by the pectin without the name of the company, together with the words "car
wash." Sign C is the shell pectin on the canopy being removed. Signs D and E are above the
entrance and exit to the car wash; the proposal is to change these signs as shown on Exhibits
submitted.
Sign A reduces in size from 11 feet to 8 feet by removal of the brick pilaster and by placing a new
base on the sign, it becomes one foot taller. Sign B changes only in the style of the pectin and is
reflective of the new, national design being used to identify the Shell Oil Co. The car wash
remains the same, although the copy is slightly different in the style of the lettering. Sign C, Food
Mart, would be located on the south elevation of the building at the door, the entry to the
convenience store. Sign D is being changed to "enter." Sign E, exit remains the same.
The property has recently been re- painted, otherwise, there are not structural changes to the
facility. This ADLS review is for signage only.
Department Report, Jon Dobosiewicz. The deliberation of the Plan Commission exclusively
relates to the ground sign and the pylon sign for ADLS review. The building itself falls outside
the 120 foot Overlay and that is not an issue for discussion this evening. Ultimately, the decision
on the number, size, and height of signs is an issue for the Board of Zoning Appeals to determine
as part of the Special Use and Variance application. The Plan Commission has the ability to
request additional information from the applicant, and it is suggested that alternatives be sought
that would comply more closely with the Ordinance.
Nick Kestner confirmed the petitioner's willingness to provide photographs, colors and drawings
of the sign.
Docket No. 55 -01 ADLS Amend, Shell Station, 3202 East 96 Street, was referred to the
Special Study Committee for further review at 7:00 PM on July 10, 2001 in the DOCS
Conference Room.
4j. Docket No. 56 -01 ADLS Chaucie's Place
Petitioner seeks Architectural Design, Lighting, Landscaping Signage for a
family or child advocacy center. The site is located at 1118 West Main Street.
The site is zoned OM -MU (Old Meridian -Mixed Use District)
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Filed by the Hamilton County Vesta Foundation for Children, Inc.
Sonia Leerkamp, Noblesville, appeared before the Commission representing the applicant. The
work has actually been completed on this project, and the applicant was unaware of the
requirement of ADLS review by the Commission, and apologies were offered to the Commission.
Chaucie's Place is a Child Advocacy Center; it is not a shelter or care facility. The Center is for
multi disciplinary team investigations of allegations of child abuse or neglect. The project is
essentially the renovation of a pre- existing house and other than enclosing a screened -in porch
area, no additions were made to this structure. Two parking spaces were added for handicap
access, although the overall number of spaces was determined to be adequate and therefore, not
changed
There have been numerous improvements to the interior of the building. The building was offered
to the Vesta Foundation by St. Vincent, owner of the property, and the Foundation leases the
premises for $1.00 annually. Vesta Foundation also had a $1,000. grant from Lilly Endowment to
install new roof, guttering, windows, and completely refurbish the interior and add handicap
access and equipment needed.
At this time, there are no plans for a sign; there is not a need for the facility to be conspicuous,
although it is not a secret location such as many domestic violence shelters are. The residential
quality of the environment is trying to be maintained to achieve an un- intimidating atmosphere.
The lighting is for security only and consists of a light in a tree and four lights along the pathway
that goes to the back door. The landscape plan is already in place. Ms. Leerkamp distributed
photographs of before and after and final inspections are scheduled this week.
Department Report, Jon Dobosiewicz. The Department has no technical issues to be resolved and
the recommendation would be to waive the Rules of Procedure and approve this item as
presented.
Leo Dierckman moved to suspend the rules and vote on this item; APPROVED 14 -0.
Leo Dierckman moved for the approval of Docket No. 56 -01 ADLS, Chaucie's Place, seconded
by Ron Houck. APPROVED 14 -0.
There being no further business to come before the Commission, the meeting was adjourned at
10:40 PM.
Ramona Hancock, Secretary
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