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HomeMy WebLinkAboutMinutes PC 11-20-01City of Carmel CARMEL /CLAY PLAN COMMISSION NOVEMBER 20, 2001 Minutes The regularly scheduled meeting of the Carmel/Clay Plan Commission commenced at 7:00 PM in the Council Chambers of City Hall, One Civic Square, Carmel, Indiana. Members in attendance were: Marilyn Anderson; Dave Cremeans; Leo Dierckman; Madeline Fitzgerald; Linda Flanders; Wayne Haney; Ron Houck; Nick Kestner; Dianna Knoll; Pat Rice (late arrival); Paul Spranger; and Wayne Wilson, thereby constituting a quorum. Department of Community Services Staff in attendance: Michael Hollibaugh, Director; Jon Dobosiewicz; Adrienne Keeling, Code Enforcement Officer. John Molitor, legal counsel, was also present. The minutes of the October meeting were approved as submitted. John Molitor reported there is a tentative settlement with Leeper Electric and this should be discussed at Executive Session, 6:30, in advance of the Special Session scheduled for November 27 In addition, a Motion For Judgment is being prepared in the Bonbar Subdivision litigation. Jon Dobosiewicz reminded the Commission that Docket No. 127 -01 Z, 128 -01 Z regarding US Highway 31 and 146 Street PUD as well as North Gray Road and 146 Street PUD requests that the Plan Commission hear these at the beginning of the meeting. In addition, Hazel Dell Pond petitioner has requested to return to the Subdivision Committee and this is recommended for action at the beginning of the meeting. Item 4, additional information has been submitted and also discussion is recommended at the end of the meeting regarding Council Adoption of recent Ordinance Amendments. Marilyn Anderson then announced that items 3h and 4h under Public Hearings have been TABLED to the December 18 meeting. Item 2i. has requested to return to the Subdivision Committee on December 4, 2001 for changes (Hazel Dell Pond). Donald F. Foley, attorney representing remonstrators (23 families and two neighborhood associations) on Hazel Dell Pond development requested this item be deferred to the January Committee meeting rather than the December 4 meeting due to the holidays and limited information thus far. The Commission President reiterated that under Plan Commission procedure, this item will be forwarded to the December 4 Subdivision Committee. S:\P1anCommission\Minutes \2001 \pc200lnov20 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Paul Spranger announced that an interim report on Environmental Impact Issues for the proposed upgrade to a controlled access for US 31 from 146 to 96 Street has been completed and will be available soon. 11. Public Hearings: lh. Docket No. 119 -01 PP; Claybourne Estates Subdivision Primary Plat The applicant seeks approval to plat a two hundred fifty -nine lot residential subdivision on 198.58 acres. The site is generally located at the northwest corner of Shelborne Road and West 131s Street and on the south side of 131s Street 1 /4 mile west of Shelborne Road. The site is zoned S- 1/Residence. Filed by James J. Nelson of Nelson Frankenberger for Boomerang Development, LLC. Jim Nelson, 12481 Medalist Parkway, attorney, appeared before the Commission representing the applicant, an affiliate of The Thompson Company. Corby Thompson was present on behalf of The Thompson Company. Also present, Cort Crosby, Schneider Engineering, and Alan Goldsticker, local president of Ryland Homes. The petitioner is requesting primary plat approval of a single family residential community in the western portion of Clay Township, west of 131s and Shelborne Road. The real estate is divided by West 131s Street -40 acres to the south and 160 on the north side of 131s Street. The real estate is currently used for agricultural purposes; it is gently rolling and contains two areas of mature woods —one in the northwest corner (5 acres) and another in the center section approximately 9 acres in size. These two wooded areas are being incorporated into the open space and are being preserved in their natural state. The primary plat provides for 258 home sites and 69 acres of open space. The plan also includes a private recreational area with an olympic size pool; a pedestrian trail system containing multi- use paths, sidewalks and trails; and a street system that accommodates the Thoroughfare Plan and its recommendation for the extension of 136 Street, all framed within perimeter and internal landscaping. No variances are required or requested. A drawing of the plat was displayed on the overhead depicting the home sites and the open space. In regard to the roadway system, there are three entrances into Claybourne: one westward from Shelborne Road, one north, and one south from 131s Street. Each entrance will be identified with entry monuments and signage and will consist of stone walls and wrought iron fencing. The internal street system is in compliance with the recommendation of the Thoroughfare Plan. Dolan Street is an extension of the entrance from Shelborne Road extending westward to the west property line and has a 70 -foot right -of -way. This extension will then S:\P1anCommission\Minutes \2001 \pc200lnov20 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 become the proposed location of the westernmost leg of the future extension of 136 Street as recommended in the Thoroughfare Plan. The petitioner has extended roadways to the property line to the west and to the east, in the southern section of Claybourne to provide for future extensions to adjacent lands when those lands are developed. The entrance at 131 Street will be a divided entrance separated by landscaped medians both north and south of 131 Street. The County has suggested roadway improvements to be made to the existing roadways of Shelbourne and 131 Street basically those are to be widened and new shoulders provided, and that is part of the proposed plan. The open space is approximately 70 acres and represents 35% of the acreage, categorized under the Open Space Ordinance as either natural or designed open space. The largest area is to the north, 40 acres, and includes the 5 acres of woods that are being preserved. Recently, with respect to this open space, an inquiry was received from the Parks Department or an expression of interest as a possibility. The Parks Department may want this as a public park; they have not yet decided. If the Parks Department does decide they want this area, it is available to them for that use. Another area of open space, 9 acres, located in the center section, is existing trees to be preserved and includes a pathway system meandering through the area. The remainder of open space is comprised of ten parcels of real estate, all designated as common area, separately distinguished and clearly defined by character and purpose. For example, there is a written description of the 40 acres as being a Trailhead not only for this area but for adjacent lands as well. Another common area is available for the Clubhouse, pool and parking area for private recreational area. The open space provided has greater meaning when viewed in context of the trail system. The trail system provides a meaningful pedestrian inter connection between this open space in the following fashion: A multi -use path is provided adjacent to Shelbourne Road, and a multi -use path adjacent to 131s Street, (both sides,) extended northward, along the main entrance drive. Beyond that, there are sidewalks on both sides of all internal streets, and in addition, the trail system is extended throughout the open space as well as the large area to the north. With the integration of the multi -use paths, the trail system, and the sidewalks, the petitioner has provided not only the future residents of Claybourne but members of the public with the opportunity to access by foot all of the open space provided in the plan. In regard to landscaping, detailed plans provide for landscaped areas around the entire perimeter of the development. Wider pockets of landscaping exist adjacent to 131s Street and adjacent to Shelbourne Road as well as within the medians and adjacent to the rights -of -way of the main entry drive, north and south, from 131s Street. S:\P1anCommission\Minutes \2001 \pc200lnov20 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The petitioner concurs with the recommendation of the Department, that this matter should be forwarded to the Subdivision Committee for further review. Members of the public were invited to speak in favor of the proposed development; no one appeared. Members of the public were invited to speak in organized opposition to this proposal; the following appeared: Frank Franks, 12833 West Road, Zionsville appeared before the Commission representing the neighbors of Little Eagle Creek. There is not a lot of opposition to the proposal, but there is a major flaw. Traveling on 131s Street to 421, it turns into a one -lane road —the County only owns 16 feet. It is suggested this problem be tackled before anything is allowed to be built: anything on 131s Street, 136 Street, anywhere in this area there is a bottleneck to 421. The area extends along 131s Street from West Road to the Boone/Hamilton County Line. Any construction equipment will make passing impossible, and some solution should be presented. Individual Remonstrance: Carl Mills, 13001 West Road, adjacent to the proposed lake and to the west. Mr. Mills is not necessarily on opposition, but does have several concerns. With the problems coming up with traffic and density, does it make sense to broaden the area larger lots, larger homes, etc. There are at least 5 or 6 developments being proposed within the next few months between Town Road and Shelborne on 131s Street. As a member of the Clay Township Board, Mr. Mills has spent numerous hours trying to establish some reasonableness with upgrading the roads and has gotten nowhere. Mr. Mills agreed with the assessment of 131s Street, it is very narrow and one lane. West Road goes absolutely nowhere —it ends at 141s Street on the north side and 121s Street on the south side. John South, Soil Water Conservation Department, Hamilton County. Not really opposed to the project but concerned regarding the property owner to the north (the Browns) and the neighbor to the west, Shirley Judy Lett. Both neighbors have existing ponds on their property and the way the drainage is currently designed, there will be a negative impact on both of these neighbors' ponds. The drainage issue needs to be resolved. Corby Thompson has suggested that he will address it and work with the adjacent property owners. Currently, the drainage plan very much adversely affects both ponds and how they would function in the future. Margaret Richards, 13033 Shelborne Road, agreed with concerns regarding drainage and traffic. There is also concern regarding a dead -end street impacting the 40 acres her family owns, and feel that some other consideration could be made rather than leaving a dead -end to impact an as yet undeveloped piece of property. Chuck Duke, 13501 West Road, also expressed concern with traffic and small children in the S:\P1anCommission\Minutes 2001 \pc200lnov20 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Area (Mr. Duke has 5 children). Currently there is a bike trail through the area; Mr. Duke requested beefing up the landscape to screen playgrounds, etc. Shirley Lett, property owner directly west of the proposed project, was concerned with the west side and the 15 lots that adjoin his property. There is a concern with the location of the proposed homes, in that Mr. Lett will be looking at the backside of all of the homes. Mr. Lett recommended a fence line in addition to the tree line in order to separate and screen the properties. There will be a lot of children in the area and the 2 1 /2 acre lake on Mr. Lett's property would be very inviting to children. Marilyn Anderson announced that the Subdivision Committee Chairperson is willing to allow additional public input at the December 4 Committee meeting. Jim Nelson, additional facts: The sewers run westward along 131s Street from Austin Oaks. Dolan Street extends from Shelbourne westward to the west property line, as well as the connections to adjacent lands south of 131s Street. The stubs are there in order to meet the requirements of the Subdivision Control Ordinance and the Thoroughfare Plan. The petitioner has met all of the goals, and has not requested any variances. The location of Dolan Street and the fact that it is stubbed along the west property line and is a future leg of 136 Street is provided for in the Thoroughfare Plan. The stubs to adjacent land south in the southern section are there because they are required by the ordinance. The County Highway reviewed the plan at the Technical Advisory Committee and they are aware of the condition of 131s Street. It is the petitioner's understanding that the County is in the process of acquiring right -of -way to 131s Street. However, it is the petitioner's belief that the condition of the roadway in no way impairs or impedes access to this development from Shelbourne Road or other adjacent roadways. The project accepts drainage from the north —it flows in a southeasterly direction through the property. The petitioner has met with the Letts and John South is aware of their concerns. It is the intention of the petitioner to in no way impair or impede the normal pool of their existing lakes. The petitioner is working with the Surveyor to effectuate a drainage plan. A traffic study is not required for this development; however, A F Engineering was employed and has confirmed that this development in no way affects the level of service of the adjacent intersections. Today, those intersections operate at a level of service A or at the worst, B, and with the existence of this development, those levels of service ratings will not change with respect to those intersections. The public hearing was then closed. Docket No. 119 -01 PP, Claybourne Estates Subdivsiion Primary Plat, was referred to the Subdivision Committee for further review on December 4, 2001 at 7:00 PM. Note: Jon Dobosiewicz said he has had discussions with the County and they are in the process of acquiring right -of -way necessary to make improvements to 131s Street between Austin Oaks S:\P1anCommission\Minutes 2001 \pc200lnov20 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 and West Road. Regarding the petitioner's comments on the traffic study and the relationship with other proposed developments in the area, A F Engineering is preparing a traffic analysis including the impact from this development as well as several others in the area. The traffic analysis will outline what improvements are necessary to maintain adequate service at the intersections and also allow some position to perhaps work with the developers in making improvements at those intersections. The traffic analysis will not be available to the full Commission until the meeting of December 18 However, a Traffic Operations Analysis has been prepared for this particular development, and that can be included with the Committee packets. Ron Houck asked for rationale for location of stub streets to also be included. 2h. Docket No. 125 -01 Z; 136 Street and Rohrer Road PUD/ Hunters Creek Office Park Petitioner seeks favorable recommendation of a rezone from the B -3 (Business) and R -1 (Residence) districts to a PUD /planned unit development district on 5± acres. The site is located at the southwest corner of Marana Drive and Rohrer Road. Filed by Charles D. Frankenberger of Nelson and Frankenberger for Hunters Creek Office Park, LLC. Charles Frankenberger, 4983 St. Charles Place, Carmel, attorney with Nelson Frankenberger, appeared before the Commission representing the applicant, Hunters Creek Office Park. Jim Shinaver with Charles Frankenberger's office was also in attendance. The petitioner is requesting a change in zoning classification to permit office use. The five acres is the site of the Carmel Brethern Chuch and is located on the southwest corner of Rohrer and Marana. To the west is the Hunters Knoll Subdivision and to the north is the Hunters Creek South Subdivision. The Meridian Village Plaza is southwest of the site and contains a grocery, restaurant, and other retail uses. From a zoning context, the 5 acres is best described as a "troubled parcel" with a "multiple personality." Approximately the east half is zoned R- 1/Residential, and the west half is zoned B- 3/Business. It is located within the US 31 Overlay District that prohibits residential uses and many B -3 uses. In other words, the 5 acres has the unique designation of being zoned for uses which, in large part, are prohibited. It is apparent, therefore, that this uniquely troubled parcel needs some assistance. Hunters Creek Office Park is proposing to develop the 5 acres for low intensity office use. The site plan reflects 8 buildings, 6 of which are 6,000 square feet, 2 of which are 5,000 square feet; total square footage is 46,000 square feet. The office portion would be accessed through an entrance aligning with Offut Road on the north side of Marana. The parking lot is in the middle of the site, screening it from the view of adjacent residential uses. A 30 -foot buffer will exist S:\P1anCommission\Minutes \2001 \pc200lnov20 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 around the entire perimeter and the northwest corner will remain greenspace. The landscaping exceeds the standards of the US 31 Overlay Zone. The landscaping plan has been reviewed by Scott Brewer, and subject to some adjustments that the petitioner is willing to make, the quantity, type and location of the landscaping is acceptable. In deference to the residents across the street on Marana, the buildings would be understated, one -story buildings of residential appearance and character. The front and rear elevations of the buildings along Marana Drive are identical. A typical site elevation was displayed. Pole lights would not exceed 22 feet in height and would conclude in a shoebox fixture with a recessed bulb, minimizing spillage. Regarding traffic, included in the informational brochure is a Traffic Operations Analysis prepared by A F Engineering based upon two separate traffic counts taken at the AM and PM peak hours during weekdays. Essentially, the report indicates that the office park will generate 100 trips in the AM peak, and 131 trips in the PM peak. In order to address the incremental increase, Hunters Creek Office Park is proposing dedicated right and left turn lanes on the eastbound approach of Marana to Rohrer. The result would be the maintenance of the intersection level of service "A" at AM and PM peak hours, with only one level of service B as an exception. The Comprehensive Plan Land Use Map contemplates this area as a regional, commercial employment area within the US 31 corridor. The text suggests high intensity office use for land having frontage on US 31. The text goes on to suggest that new, US 31 developments, when located directly adjacent to residential communities, should provide buffering or transition. The proposed office park provides buffering and transition by both the low level of intensity and its landscaping. While the Comprehensive Plan suggests high intensity office use, the proposed office park is very low intensity, single -story office use that reflects the residential character of the areas immediately to the north and west. In addition, there is a 30 -foot greenbelt around the entire site and mounding along Marana Drive. The site is occupied by substantial landscaping and per the Department's request, the landscape plan concentrates buffering along the side of the property adjacent to residential. In summary, the proposed development is low intensity, office park which furthers the objectives of the Comprehensive Plan and the Overlay Zone in a manner that is considerate of surrounding uses and provides transition and step -down. The low intensity office use composed of small, architecturally appealing office buildings provides a soft transition to the residential uses to the north and the intense commercial uses to the south and exemplifies the concept of transition and step -down, both of which are cornerstones of fundamental, urban land use planning. The Zoning of the real estate will be clarified and made subject to a uniform approval process. Members of the public were invited to speak in favor of the proposed development; no one appeared. Members of the public were invited to speak against the proposed development; the following S:\P1anCommission\Minutes 2001 \pc200lnov20 7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 appeared: Organized Remonstrance: Tom O'Farrell, attorney with McClure O'Farrell, 415 West Main Street, Westfield, spoke as a representative for the Hunters Creek South HOA whose members stood in recognition. Mr. O'Farrell said he had attended the Hunters Creek South HOA meeting a few weeks ago. The residents raised legitimate concerns about their quality of life and their financial stake in their own neighborhood. The foremost concern is that land districts have the purpose of promoting excellence —there is little that is excellent about the proposed use of the property. The property is currently a church surrounded by green space. The proposed plans are for heavy, commercial office space with very little greenspace. The proposed use of the property would bring commercial use into the front yards of many of the residences on Marana Drive. Worse yet, this use of the property would dump hundreds of cars onto a residential street on a daily basis. There are legitimate concerns raised regarding property values, and traffic. The proposal is a mis -use of the Planned District Ordinance and threatens not only qualify of life but current home values. David Lamdon, 13824 Laredo Drive, Hunters Creek South HOA president, opposed to the development and has numerous concerns. The first meeting was videotaped and can be made available upon request. The Hunters Creek South HOA was threatened by Mr. Hill, who said: "If you don't go along with us, we will buy this property, we will hold it until forever, and then we will build what we good and well please." Mr. Lamdon is also a level II appraiser and employed with the Clay Township Assessor's office. Of extreme concern is safety —also traffic, hazardous waste removal, watershed, drainage, lighting, limited access into the proposed office area, and property values. There are 268 homes involved -154 in Hunters Creek, 40 in Hunters Knoll, Autumn Lake Subdivision, Oak Ridge Subdivision, and several other homes within the US 31 corridor that were "grandfathered." There is a possible total loss of property value in the amount of $4.5 million. Brian Scherra, 754 Marana Drive, Hunters Creek South HOA vice president, opposed. Major concern is the traffic —four school bus stops and children in the area. Brian Scherra encouraged the members of the Commission to drive the area and experience the amount of traffic. Individual Remonstrance: George Bower, 13727 Offutt Drive, directly opposite Brethern Church, states to his knowledge, petitioner has no legal right to present and does not represent the Church of the Brethern —there is nothing in writing. There is no frontage on US 31 for this property. The acreage is not even close to 5; landscaping is a concern with the proposed mounds considered to be inadequate. John Watson, 505 Kent Lane, had the following concerns: The proposal would bring transient persons into an area of community— people that would not have care or concern about the existing community. The existing shopping area has grocery and a pub —the pub has a tendency to promote after work hours drinking and alcohol related safety is a concern. Rohrer Road is extremely narrow and is a feeder for 146 Street into the major shopping area. There is a S:\P1anCommission\Minutes 2001 \pc200lnov20 8 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Trailhead for the Monon at Neville with pedestrians in the area traffic will increase in a recreational area and should not be allowed. Gavin Hamilton 1013 Neville Lane, stated Rohrer Road was closed at the time the traffic study done. Rebuttal: Charlie Frankenberger said he would address most comments at the Committee level. The petitioner has a written contract with the Carmel Brethern Church and a letter dated November 19, 2001 from the church supports the proposal and is on file with the Department of Community Services. Brad Hill and Jim Reed have met over the course of the year 5 times with homeowners and representatives of the HOA in an effort to obtain feedback on important issues and resolutions that could be included in the plan to address concerns of the neighbors. It cannot be said that they were not willing to meet and cooperate. Regarding traffic, there were two traffic counts and Rohrer Road was not closed at the time the counts were done. The proposal makes good sense and adds stability to the area in a manner that complies with the Comprehensive Plan and the Overlay District. There are opinions from two certified appraisers that surrounding home values will not be decreased as a result of the proposal. Steve Fehribach, traffic engineer, is available to answer questions regarding traffic, and Ray Pickett, appraiser, is available to address any questions regarding property values and appraisals. The public hearing was then closed. Department Report, Jon Dobosiewicz referred to the report on file and had no additional comments at this time. DaveCremeans asked about the size of the parcel and some verification prior to the Committee meeting. Jon Dobosiewicz responded that whether or not the parcel is 5 acres is not relevant to the rezone request. The proposal is not for a use that complies with the standards of the Overlay Zone —they are proposing a rezone. However, Jon was willing to research. Wayne Wilson said he and his wife had attended the Homeowners meeting on a Saturday afternoon; there were also two representatives of the Church in attendance. Mr. Wilson stated the Hunters Creek homeowners were misled by the representatives of the Church The Church representatives insisted that there was no agreement and no monies had changed hands. Mr. Wilson encouraged the Commission members to visit the location and see where the current proposal would be and consider the traffic that would empty onto a residential street. Mr. Wilson said he would do everything he could to prevent this project from going through. John Molitor advised the Commission that there is no 5 -acre minimum for a PUD proposal. The only restriction for a PUD is that it cannot be proposed west of Springmill Road. The 5 -acre rule does apply to developments in the Overlay Zone, as long as they are in the Overlay Zone. The current PUD proposal would take this ground outside the Overlay Zone. Legally, the size of the parcel is not an impediment but in terms of analogizing it for purposes of consideration and S:\P1anCommission\Minutes 2001 \pc200lnov20 9 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 whether or not it fits in the area, you may want to consider it in your recommendation to the Council. Docket No. 125 -01 Z, 136 Street and Rohrer Road PUD/Hunters Creek Office Park, was referred to the Special Study Committee on December 4, 2001. After a short recess, the meeting resumed with the business at hand. 3h. Docket No. 127 -01 Z; U.S. Highway 31 146 Street PUD Petitioner seeks favorable recommendation of a rezone from the B -3 (Business) and R -1 (Residence) districts to a PUD /planned unit development district on 56.79 acres. The site is located at the southwest corner of US Highway 31 and East 146 Street. Filed by Paul G. Reis of The Reis Law Firm for the Lauth Property Group. TABLED to December 18, 2001. 4h. Docket No. 128 -01 Z; North Gray Road 146 Street PUD Petitioner seeks favorable recommendation of a rezone from the S -1 (Residence) districts to a PUD /planned unit development district on 11.69 acres. The site is located at the southeast corner of Gray Road and East 146 Street. Filed by Paul G. Reis of The Reis Law Firm for Hearthview Residential, LLC. TABLED to December 18, 2001. 5h. Docket No. 126 -01 DP Amend ADLS Amend Carmel Science Technology Park, Block 9 Carpenter GMAC Petitioner seeks to amend their Development Plan and Architectural Design, Lighting, Landscaping Signage approval for an office building. The site is located at 790 122n Street. The site is zoned M- 3/Manufacturing (Planned District). Filed by David Caveness of Carpenter Co., Inc. Marilyn Anderson announced that no informational packet was received on this Docket and the normal procedure would be to Table to the next meeting. However, the December Agenda is extremely heavy and with the items tabled for this evening, there would be time to hear this Docket. Dave Caveness, 643 Woodbine Drive, Carmel, senior vice president with Carpenter Co., Indianapolis, was apologetic and took full responsibility for not having submitted informational packets. The proposal is a simple petition for Amendment, and Mr. Caveness distributed copies of the proposal. S:\P1anCommission\Minutes \2001 \pc200lnov20 10 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The petitioner is requesting an Amendment to the original plan. The addition to the existing single story, all brick building is 1442 feet and matches the existing exterior in architectural design, color, roofing, brick, etc. No additional parking is required —no additional lighting, landscaping, road cuts or signage. The addition is a 1442 square foot box on the back of the existing building. No variances are being requested. 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. The Deparrtment is recommending referral to the Special Study Committee based upon information distributed this evening. Docket No. 126 -01 DP Amend /ADLS Amend, Carmel Science Technology Park, Block 9 Carpenter GMAC, was referred to the Special Study Committee on December 4, 2001 at 7:00 PM in the Caucus Rooms of City Hall. 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. 52 -01 PP; Hazel Dell Pond Petitioner seeks approval to plat a thirty- six -lot subdivision on 23.95± acres. The site is located northwest of East 116 Street and Hazel Dell Parkway. The site is zoned S- 2/Residence. The petitioner also seeks approval of the following Subdivision Waiver: 52 -01 SW SCO 6.3.7 >600' cul -de -sac Filed by William E. Wendling, Jr. for Mark Stout Development, Inc. Docket No. 52 -01 PP, Hazel Dell Pond, will return to Subdivision Committee for further review on December 4, 2001 at 7:00 PM in the Caucus Rooms of City Hall. 3i. Docket No. 188 -00 Z; DePauw Rezone Petitioner seeks favorable recommendation of a rezone from the S -2 /residence district to the B- 5/business district on 10.02± 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. S:\P1anCommission\ \2001 \pc200lnov20 11 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Filed by E. Davis Coots of Coots Henke Wheeler for DePauw University Earlham College. Dave Coots, attorney with Coots Henke Wheeler, 255 East Carmel Drive, appeared before the Commission representing the petitioner. This Docket was tabled at the petitioner's request to allow this tract to become a part of the traffic plan when US 31 is built, based upon the INDOT/ Parsons, Brinckerhoff Transportation Study. The CMC tract that will come before the Commission next month under ADLS review is the 9.42 acre corner piece, rezoned by the Council. The Committee requested certain commitments in regard to the rezone. Those conditions were that additional right -of -way along 131s Street would be dedicated and that the entry way for the tract (until Meridian Corners Boulevard is extended —or Illinois Street extended to its northern boundary at 136 Street) will be configured so as to deter traffic through "The Parks" Subdivision. DePauw has committed to preserve this tract for six years. The Commitments are in recordable form and a copy of the executed document is on file with the Department. The other condition requested by the Committee is additional dedication of 15 feet of right -of -way along the DePauw section of Meridian Corners Boulevard. The petitioner is currently scheduled for Board of Public Works and a copy of the dedication has been forwarded to DePauw for exeuction, but not yet received. The petitioner is requesting that the property be rezoned to B -5 classification. The property will be "banked" in the B -5 classification until such time as either a road is built upon the property or it is determined that the property is not needed for roadway improvements. The property could then be developed under the B -5 classification. The petitioner is asking to go forward to City Council with a favorable recommendation with the conditions of the Committee intact on additional right -of -way dedication and the reservation of the real estate. Paul Spranger gave the report of the Special Study Committee. The committee did approve this item subject to all conditions being met before full Plan Commission approval. Jon Dobosiewicz said the Department is comfortable with forwarding this item on to the City Council. The different zoning on the CMC property of R -2 has different requirements and setbacks and some difficulties have been created. At this time, all issues are in line for the Council to act upon when it is forwarded to them. Leo Dierckman expressed some reservation about the rezone because the property is contiguous to a significant amount of residential property to the northwest. It is not known at this time what plans are for development on this property. S:\P1anCommission\Minutes \2001 \pc200lnov20 12 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Dave Cremeans moved to forward Docket No. 188 -00 Z, DePauw Rezone to the City Council with a favorable recommendation, seconded by Ron Houck. There was confusion on the actual count of the vote, and the motion was abandoned. Ron Houck asked for additional discussion. Jon Dobosiewicz reported that the Department is in favor of the request. At this time, DePauw is in a position where they are not comfortable in committing on the CHC land parcel B -5 zoning. Right now, we are at a standstill with the CMC tract with the Subdivision as well as the DP /ADLS. John Molitor commented as follows: In this particular case, the land owner is willing to work with the City and let the land sit vacant for six years in case the State wants to take it. In exchange, the City will agree to give it the zoning that the Comprehensive Plan suggests it should have. This also may help in respect to the acquisition of the ground from INDOT when that time comes. Ron Houck moved to send Docket No. 188 -00 Z, DePauw Rezone, to the City Council with a favorable recommendation, with commitments from the petitioner as expressed. Dave Cremeans seconded the motion; the motion was APPROVED 11 in favor one opposed (Leo Dierckman). 4i. 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, appeared before the Commission representing the petitioner. Lynn Richardson with Meijer and Bob Olson, CSO Architects, were also present. The petitioner has proposed a 2400 square foot convenience store with outside gasoline sales to be located on the south side of the existing Meijer's site near the entrance off Carmel Drive. In addition to the approval of the ADLS, the petitioner is requesting a waiver from the height requirement to reduce the height of the store from 25 feet as required under the Old Meridian District to 18 feet. The petitioner has met with the Special Study Committee three times in regard to the changes. In keeping with the Old Meridian District, a location was needed that was complimentary not only to the Old Meridian District but also to the US 31 corridor. Initially, the location was in the S:\P1anCommission\Minutes \2001 \pc200lnov20 13 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 southwest corner. After consideration and work with the committee and the Department, the petitioner has moved the location of the store. A considerable amount of time was spent going over the architectural features as well as design elements. A landscape plan was designed with public safety in mind as well as screening. The basic concern of the committee was visibility into the site. The signage for the convenience store is basically a welcome sign. There is a ground monument sign existing on Carmel Drive and the petitioner is proposing to change the sign face, add a brick base to match the building, and change the color to an opaque red rather than the current red which allows the light to flow through it. The Special Study Committee voted to approve the petition subject to the following conditions. 1) Signage on Carmel Drive is to be consistent with the Committee's concerns. 2) The color of the columns, light fixture, canopy, and pump protection barriers is to be an almond color. 3) The cornice features are to be included at the top of the canopy columns. 4) Revise the landscape plan to address the screening and disperse some of the evergreens farther east into the site. The possibility of recessing the light fixtures to decrease the diffusion of light was discussed. The petitioner was unable to find a light fixture with a recessed lens. What is being proposed is the same flush lens with the bottom of the canopy and adding a 3 -inch shield around the light fixture. This will accomplish forcing the light downward. A new photo- metric plan has been filed with the Department that achieves the same light levels on the boundaries as shown on the previous photo- metric plan. All other issues have been addressed. Paul Spranger, substitute committee chair, reported that recessed lighting was to be a condition, however the presentation does not reflect that. The trim color, brick color, and sign changes have all been met. There does need to be further discussion on the recessed light fixtures. This convenience store will be very close to a residential area and the Commission needs to represent those persons. Department Report, Jon Dobosiewicz. The Department is recommending approval of the ADLS petition as well as the zoning waiver. Madeline Fitzgerald asked about prior commitments of no tent displays and no outside storage for purpose of sale. Paul Reis said this commitment is covered in the Old Meridian District Ordinance; therefore a separate commitment was not made regarding outside storage. After further discussion, the recessed lighting was determined not to be to the Committee's specifications and the petitioner will return to the full Commission at a Special Meeting on November 27, 2001 at 7:00 PM in the Council Chambers. Note: Items 5i. and 6i. were heard together. S:\P1anCommission\Minutes 2001 \pc200lnov20 14 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 5i. Docket No. 50 -01 CA: 1437 Keystone Way Victory Beauty Systems Petitioner seeks Commitment Amendment approval to permit an additional sign. The site is located at 1437 Keystone Way, northwest of the intersection of North Keystone Avenue (US 431) and East 116 Street. The site is zoned B-8/Business. Filed by Kevin Miller of Action Sign Company for Victory Beauty Systems. 6i. 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 East, northwest of the intersection of East 116 Street and North Keystone Avenue (SR 431). The site is zoned B-8/Business. Filed by Kevin Miller of Action Sign Company for Victory Beauty Systems. Dave Coots, attorney, Coots Henke Wheeler, 255 East Carmel Drive, appeared before the Commission on behalf of the petitioner. This item has been reviewed by the Special Study Committee on several occasions and has resulted in a change of the entire building. The south elevation is to be refurbished, and a new awning installed consistent with Merchants Square. The additional sign is to be placed above the canopy. The Committee conditioned approval upon Victory Beauty Systems agreeing to the reduction in size —the height —of the sign. The overall height of the lettering is being reduced from 30 inches to 24 inches. Paul Spranger reported for the Special Study Committee that this building has gone from an original, non descript, rectangular structure to being tied into the fit, finish, design, and awning of the adjacent Merchants Square. The last item was the height of the lettering because they did not fit the space available, and the petitioner committed to make this change. The Committee voted Unanimously to return this item to the full Commission with a positive recommendation. Note: CarX occupies a part of this building, and when and if this tenant vacates, the petitioner has committed to remodel that portion of the structure to match the existing Merchants Square. Department Report, Jon Dobosiewicz. The Department is recommending approval subject to the recording of the commitments submitted. Paul Spranger moved for approval of Docket Nos. 50 -01 CA, and 51 -01 ADLS, 1437 Keystone Way Victory Beauty Systems, with the condition that all commitments be recorded. The motion was seconded by Pat Rice and APPROVED 12 -0. 7i. Docket No. 113 -01 ADLS; CH Land Office Building S:\P1anCommission\Minutes \2001 \pc200lnov20 15 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Petitioner seeks Architectural Design, Lighting, Landscaping Signage for an Office Building. The site is located northwest of West 131s Street and North Meridian Street. The site is zoned B-5/Business. Filed by E. Davis Coots of Coots Henke Wheeler for CH Land LLC. Dave Coots, attorney, Coots Henke Wheeler, appeared before the Commission representing CH Land LLC. Also in attendance: Matt Omen of Schneider Engineering; Bob Lunsford, developer. This Docket was reviewed by the Special Study Committee and the concerns expressed were primarily the landscaping along the perimeter of the building facing the residential area to the northwest. The Committee requested the following. 1) Installation of a 10 -foot wide pedestrian/multi purpose path along Meridian Corners Boulevard. 2) Widening the sidewalk along the south edge of the property. 3) Enhancing the landscaping along Meridian Corners Boulevard to include 6 to 8 foot evergreens (in addition to the foundation plantings already agreed upon). The Committee requested a change in the color of brick, either white or red. Red brick with gray mortar is preferred by the developer, since it is consistent with the adjacent pre school building. The front elevation of the building has a three -foot, limestone decorative feature. This is being removed, since it would be shielded by the landscaping effort, and will be replaced with cornerstones to accent. Nick Kestner expressed a concern regarding pedestrian access from the sidewalk to the building. The petitioner was willing to extend the length of the sidewalk along the face of the parking lot to the pathway to accommodate the pedestrian/bicycle traffic. Paul Spranger reported that the sidewalk issue was discussed at Committee and there was to be some consideration on the part of the petitioner. The Committee had voted unanimously to recommend approval, subject to conditions being met. Pat Rice moved for approval of Docket No. 113 -01 ADLS, CH Land Office Building, subject to the following. a) Widening the sidewalk to 6 feet. b) Completing the pedestrian access between the sidewalk and the pedestrian path. c) Enhancing the landscaping along Meridian Corners Boulevard to include 6 to 8 foot evergreens. The motion was seconded by Ron Houck and APPROVED 11 in favor, 1 opposed (Leo Dierckman). J. New Business: lj. Docket No. 129 -01 ADLS; USTA Office Building Petitioner seeks Architectural Design, Lighting, Landscaping Signage for an office Building. The site is located on the northwest corner of East 96 Street and the Monon Greenway. The site is zoned PUD/Planned Unit Development (Z -361). S:\P1anCommission\Minutes 2001 \pc2001nov20 16 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Filed by John Smeltzer of Bose McKinney Evans for Midwest Youth Tennis Foundation, Inc. John Smeltzer, attorney, Bose McKinney Evans, 600 East 96 Street, appeared before the Commission representing the U S Tennis Association and the Midwest Youth Foundation, Inc. The applicant is seeking ADLS approval on a 24,000 square -foot office building located at 96 Street, next to the Monon Greenway. Also in attendance: Rich Fitzgerald; Steve Robinson of Browning, Day; Jay Hafner and Mark Saunders, USTA. The site plan has now been revised. John Lester of the Parks Department met with the USTA staff at the site. The Parks Department suggested that the walkway connecting the Monon Greenway and the USTA site be positioned as shown on the revised site plan. The location of the walkway is probably the most aesthetic, and does not disturb existing drainage close to 96 Street. Rich Fitzgerald, Browning, Day, Mullens, Dierdorf, architects, exhibited samples of the building materials. The mullions for the glass system are brushed aluminum. The accent bands that run horizontal at the parapet of the building will also be brushed aluminum. There are two shades of brick —the darker shade at the base and the rose -color brick predominantly at the upper areas of the building. The darker brick also accents the cap of the columns adjacent the windows. The USTA sign will use its logo, shown on the illustration, internally illuminated, channel letters. The USATennis logo will have a translucent base and internal illumination. Department Report, Jon Dobosiewicz. If there are no outstanding issues to be addressed at the Committee level, the Department is recommending approval of this petition this evening. There is one concern noted in the Department Report —the style of the sign oriented toward I465 being a "box" style sign. Marilyn Anderson asked about the light color at the top of the building and wanted to know the material. Rich Fitzgerald responded that the area referred to is a parapet cap and will be the same material. Ron Houck encouraged the petitioner to utilize more individualized letters. The sign on the front of the building and the end are not the same style. The style at the front should probably be emulated on the end. Leo Dierckman thought the building looked great, except for the sign, and suggested the petitioner could return at a later date for the sign only. Neither Marilyn Anderson nor Pat Rice was in favor of the brushed aluminum cap at the top. S:\P1anCommission\Minutes 2001 \pc200lnov20 17 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Paul Spranger asked if the petitioner had looked at alternatives for the sign in contrasting color, either beige or another color that would work with the brick at the top rather than the aluminum. Paul Spranger asked if the petitioner had any problem with individual letters of matching character and style to the sign at the front of the building. John Smeltzer responded that the petitioner had met with a sign company yesterday to address this issue. The reason USA Tennis is presented is that this is actually a brand of the United States Tennis Association. If a new design were brought forth, it could not be presented tonight because it must first go to the parent organization for approval. John Smeltzer asked that everything else be approved with the exception of the box sign. The petitioner would return with a new design for the sign. Paul Spranger suggested some alternative designs for the sign; Nick Kestner had questions regarding the materials used on the windows. Pat Rice was in favor of forwarding this item to Committee. Madeline Fitzgerald stated that she definitely did not like the dominant aluminum as part of the building. The building is far too classy to go with the aluminum. Steve Robinson, design architect for the project, spoke about the banding. The band under the cap is aluminum. The most frequent cap for a brick wall is some piece of metal banding, usually minimal. This is not really cheap aluminum, and the design will be consistent with what has been shown and consistent with the windows. Jon Dobosiewicz stated that the petitioner conveyed a willingness to eliminate the sign on the side that faces I465, and return to the Commission with an ADLS Amendment for the sign and review by Committee. A second recommendation would be to grant the Committee full authority to approve at the Committee level. Leo Dierckman made formal motion to suspend the Rules of Procedure, seconded by Dave Cremeans and approved 12 -0. Paul Spranger moved to approve Docket No. 129 -01 ADLS, USTA Office Building, conditioned upon the second sign facing I465 returning to the Commission for approval of re- design under ADLS at a later date, seconded by Madeline Fitzgerald and APPROVED 12 -0. At this time, John Molitor briefed the Commission on changes made to the Ordinances by the City Council. The Council dropped three sections from the Ordinance: Fireworks Stores, Outdoor Storage Provisions, and For Sale Signage on vehicles parked in a mall or strip center parking lot. S:\P1anCommission\Minutes 2001 \pc200lnov20 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The only section the Council amended was "Non- Conforming Signs." Council thought the Department was being a little aggressive in this area. Staff had set forth a schedule whereby the old, non conforming signs would be phased out over a period of time. The Council made the following changes: 1) The Director is to do a survey every 12 months of the area for signs that do not conform. 2) The Department is to notify the sign owner whether the sign is legal or illegal. 3) The responsibility for registering the signs was changed from the user /owner of the sign to the Administrator. 4) If registered with the Department as a legal, non conforming sign, that sign can continue indefinitely —there is no phase -out schedule. 5) In paragraph E there was a grace period given. If the Director determines that a sign is illegal, there is a grace period until January 1, 2003 to allow the sign owner to go before the BZA and either receive a variance or appeal the Director's determination. 6) The provision on losing a legal, non conforming status was put back to its original status. There were no further questions or comments, and the meeting adjourned at 10:40 PM Ramona Hancock, Secretary S:\P1anCommission\Minutes \2001 \pc200lnov20 19 ONE CIVIC SQUARE Marilyn Anderson, President CARMEL, INDIANA 46032 317/571 -2417