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HomeMy WebLinkAboutMinutes PC 11-27-01 Special mtgCity of Carmel CARMEL /CLAY PLAN COMMISSION NOVEMBER 27, 2001 SPECIAL MEETING Minutes The Special Meeting of the Carmel/Clay Plan Commission met at 7:00 PM in the Council Chambers of City Hall on November 27, 2001. Those members in attendance were: Marilyn Anderson; Kent Broach; Dave Cremeans; Leo Dierckman; Madeline Fitzgerald; Linda Flanders; Wayne Haney; Ron Houck; Nick Kestner; Norma Meighen; Pat Rice; Paul Spranger; and Wayne Wilson, thereby constituting a quorum. Department of Community Services Staff in attendance were: Jon Dobosiewicz; Kelli Hahn; Laurence Lillig; and Adrienne Keeling, Code Enforcement Officer. John Molitor, legal counsel, was also present. John Molitor reported briefly on the Executive Session held prior to this evening's full Commission meeting. The topic of discussion was limited to pending litigation. Department Announcements, Jon Dobosiewicz. Meijer Convenience Store will be heard this evening under Old Business. Also, various Ordinance amendments that were returned to the Commission by the Council will hopefully be adopted this evening. In addition, a sample Agenda for the December 18 meeting has been distributed —the Agenda contains 13 public hearing items. Suggestions and /or comments to proceed in an expedient manner would be appreciated. A draft Agenda has also been provided for the Committee meetings for December 4 provided the items are sent to committee as recommended this evening. (5 items on Special Study and 4 on Subdivision). H. Public Hearings: lh. Docket No. 96 -01 Z; Old Town Overlay District Petitioner seeks a favorable recommendation for the establishment of the Old Town Overlay District. The area affected is commonly known as Old Town. Filed by the Department of Community Services for the Old Town Task Force. Kelli Hahn of the DOCS was in attendance on behalf of the Old Town Task Force. Kelli gave a brief up -date on meetings held, how we got to this point, what is being proposed, and the purpose of the proposal, i.e. to revitalize the downtown area. Currently, the standards in place in Old Town are the same residential and commercial standards in place throughout the Township and S:AP1anCommission\ Minutes\ P1anCommissionMinutes \pc- specialmtg200lnov27 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 do not take into account the site circumstances and architectural characteristics of the unique, surrounding area. Brenda Scherer of Scherer Scherer design firm in Cincinnati, Ohio presented an overview of the content of the guidelines for the Old Town District Overlay. As a part of the district, three sub- areas have been established: The Character Sub -Area, the Main Street Sub -Area, and the Historic Range Line Road Sub -Area. Each of the sub -areas has a set of guidelines that apply to renovations and additions to all existing buildings, additional guidelines for alterations and additions to contributing buildings, and guidelines for new construction. Most of the guidelines apply to architectural and site planning characteristics and not generally about building use. In terms of use, the underlying zoning would remain with the property. However, certain things are changed such as lot dimensions, setback, materials and massing (roofs) orientation of the building, garages, landscaping and lighting, and parking and driveways. Members of the public were invited to speak in favor of this proposal; the following appeared: Greg Mink, resident of 12557 Branford Street, Village of WestClay, and business owner at 503 West Carmel Drive, said he has recently purchased the old Economy Elevator Building at 38 West Main Street. Current zoning is not favorable to this building and there is no allowance for mixed use. The building takes up the entire lot and there is no parking available. An Overlay would allow a facelift of the building with perhaps a restaurant on the main floor and apartments above. Without the Overlay, the only option is to utilize the building as storage. Lance Harting, 641 First Avenue NW, president of the Old Town Neighborhood Association, has petitioned the City to upgrade the downtown area, brick the streets, sidewalks, etc. An Overlay would keep homes narrow and in keeping with the period architecture. 641 First Ave NW Jenny Chastain, 511 Second Avenue, supports the proposed Overlay for potential restoration and period detail. Current guidelines for the City are out -of -focus with architecture of homes in the area. An Overlay would encourage homeowners to preserve the character of Old Town —a win/win situation Amy Forbisch, 321 Range Line Road, said Old Town Carmel is a most unique area in this region and should be preserved. The guidelines are another level of restriction, but only that which prevents people doing whatever they want to do in the area. As a homeowner, business owner, and landlord of the area, Ms. Forbisch would like to see guidelines in place that would preserve the area. Barry Hicks, 707 First Ave NW, Old Towne, said he loves the old town character and unique flavor, the Monon Trail, and everything the City has done thus far. The minor guidelines and benefits far outweigh any inconvenience that there may be. S:AP1anCommission\ Minutes\ P1anCommissionMinutes \pc- specialmtg200lnov27 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Warren Saunders, said he has lived in the area since 1964. Mr. Saunders feels that the neighborhood should be preserved with historic significance. Mr. Saunders compared Old Town Carmel with Key West Florida that has guidelines in place for preservation. Members of the public were invited to speak in opposition to the proposal; the following appeared: Anita Adkins, 41 Shoshone Drive, business owner of 770 North Range Line Road, said her business is located within the proposed Overlay Zone. Presently, the business is a legal, non- conforming use for the site as retail, going back to 1924 —long before current zoning. The business is "grandfathered" for use on this site. The Carmel Plan Commission and City Council have no jurisdiction over this site by the proposed Ordinance. Mr. and Mrs. Adkins have vested property rights in the real estate at 770 North Range Line Road, and the City, State, or Federal Government or any other governmental agency cannot take from us without our consent. Mr. Mrs. Adkins do not consent to the proposed Ordinance for a Historic District Overlay Zone. The present proposal is flawed by including their property and is invalid and unconstitutional. Pat Robinson, 3277 Smokey Ridge Circle, business address of 751 N. Range Line Road, Carmel, stated his business represents eight paying parcels of real estate, five of which are in the historic overlay. All of Mr. Robinson's properties are residential rentals ranging from single occupied homes, doubles, and one four -plex. All of his properties are non conforming, and Mr. Robinson does not feel that he should be encumbered with new rules and regulations that may come from this meeting or any subsequent meeting adopting the Overlay Ordinance —Mr. Robinson feels the new constraints are unfair. Mr. Robinson said the Committee did not have representation from business owners /landlords in the area, and all of his properties are located outside the primary conforming areas of downtown Carmel. According to Mr. Robinson, the Committee did not have representation from the commercial or rental property owners. Mr. Robinson cited specific concerns from area property owners such as: 1) decline in property values; 2) rebuild or expansion and /or repair procedures that go well beyond the current building codes; 3) unreasonable parking limitations; and 4) Neighborhood Associations having control over every repair, modification, and replacement of properties. Mr. Robinson said the City needed to enforce reasonable compliance of the laws currently on the books. Paul Reis, attorney, 12358 Hancock Street, said he was technically not in opposition, but was appearing in representation of AMLI residential. Mr. Reis asked that clarification be made on the map that the property to be redeveloped by AMLI will be excluded from the proposed Overlay and therefore not included in two different zone classifications. Al Pickett, 741 First Avenue NE, Carmel, long time resident and first Mayor of Carmel. Mr. Pickett said the decision to make downtown Carmel a historical area, with all of the proposed restrictions, should be made by the property owners of the area and not by residents of outlying subdivisions that would not be affected by these restrictions. This proposal removes all property rights from the owners of the area. There are very few homes in this district that could be considered historical or with architectural design that could be considered in this category. Some of the requirements verge on the ridiculous and are entirely too restrictive for the people in the area. S:AP1anCommission\ Minutes\ P1anCommissionMinutes pc- specialmtg200lnov27 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Joe Hague, 760 Range Line Road, objected to item No. 2 in application guidelines of the Overlay District that makes reference to the Director as the staff of the Plan Commission that will make decisions pertaining to the conformance of the Overlay, and notification to the Old Town Neighborhood Association. Mr. Hague was unsure of the Neighborhood Association and whether or not it was in effect now; how many members are there; and where is their charter located. Mr. Hague felt that this proposal was designed to circumvent the Plan Commission and Mr. Hague was in agreement with previous speakers Pat Robinson and Anita Adkins. Rebuttal: Kelli Hahn responded that the use and design of current buildings within Old Town is "grandfathered." The Overlay would apply to renovations, additions, and new construction. If this proposal were enacted, the present property owners would not be caused to do anything. There was representation on the Task Force from Amy Forbisch, rental property owner and business owner. Parking would be eased substantially by the current proposal. Docket No. 96 -01 Z, Old Town Overlay District, was forwarded to the Special Study Committee for further review on December 4, 2001 at 7:00 PM in the Caucus Rooms of City Hall. Wayne Wilson commented that this proposal, through the task force, was trying to create covenants where there was none before. Comments and questions would be addressed further at the Committee meeting. 2h. Docket No. 120 -01 PP; Fecitt Subdivision Primary Plat The applicant seeks approval to plat a two lot residential subdivision on 4.41 acres. The site is located at 14415 Cherry Tree Road. The site is zoned S- 1/Residence. Filed by Adam DeHart of Keeler -Webb Associates for Robert Fecitt. Adam DeHart, project manager with Keeler -Webb Associates, 486 Gradle Drive, Carmel, appeared before the Commission representing the applicant. Robert and Ann Fecitt, property owners at 14415 Cherry Tree Road were also present. Mr. Fecitt is proposing to split the acreage into two lots; lot number one will be retained by the Fecitts —lot number two will be sold for a private residence. No common area is being created, no HOA covenants restrictions are being created; the property is bounded on the west by the Vestal Ditch. The eastern boundary is adjacent to two existing parcels —one is the Kaiser, one lot, minor subdivision, Cherry Tree Road along the east for approximately one quarter mile south of the new 146 Street under construction, and on the south by one residential property just north of Cherry Tree Estates. The western boundary is Ashmore Trace Subdivision. The boundary of the legal drain is a concern that must be worked around —there is a 75 -foot setback from top of bank. Utilizing a letter from DNR and FEMA maps, an easement line has been established with bearings and distances across lot 2 and lot 1 so that the floodway can be determined. Currently, there is a water main extended from the south across the Taylor property. John Duffy of the Carmel Utilities Department has confirmed that this property will be annexed into the City and an extension of the water service from the south property line to the north S:AP1anCommission\ Minutes\ P1anCommissionMinutes pc- specialmtg200lnov27 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 property line will provide water service for both lots in this subdivision. At the time Kaiser Woods was developed, a forced -main was installed that runs south along the west right -of -way of Cherry Tree Road and discharges into the sanitary sewer system that was installed with Cherry Tree Estates. Lot 2 will tap into the existing forced -main. Currently, lot 1 has a fully functioning septic system, and Mr. Fecitt does not propose to tap into the sewer main at this time but he will have the capability to do so at any given time in the future. The covenants and restrictions proposed for this Subdivision have been submitted; at this time, a Homeowners Association will not be created —no common area is being created. This is a non qualifying subdivision that meets the minor subdivision requirement. Due to an interpretation by the Department, a Subdivision Waiver is now being suggested. The petitioner referred to the Subdivision Control Ordinances and stated his position that a waiver is not warranted on this proposal, but would defer to legal opinion. At this time, Mr. DeHart requested suspension of the Rules of Procedure for a vote this evening. Members of the public were invited to speak in favor of this petition or had questions; the following appeared: Barry Smallstake, 14320 Cherry Tree Road, opposite the proposed two -lot subdivision on the east side of Cherry Tree Road. Mr. Smallstake was neither for nor against, but did have some questions. Will the property require a lot of fill that might bring the property above the floodway? Will the developer (Fecitts) place any further restrictions on the use of the property? How will access be gained to the lots? Will sewer and water be available to other residents in the area? Does this proposal indicate that annexation of properties along Cherry Tree is imminent? Are there any further plans to subdivide any other property owned by the Fecitts? Is the widening of Cherry Tree Road based on this further development? Mr. DeHart addressed Mr. Smallstake's concerns. Both the primary and secondary plat outlines the location of the floodway. On Lot 2, he elevation of the floodway and fringeway are in the same, exact location. The building pad is approximately 75 feet from that location and the minimum, finihed floor elevation will be two feet above the minimum base elevation. No construction is anticipated in the floodway or fringe. If construction were anticipated, a permit would have to be obtained from DNR. The covenants and restriction are in excess of S -1 requirements as far as square footage and are pretty restrictive. The drive access for lot 2 will be a new entrance. Mr. Fecitt does not anticipate moving the existing drive on lot 1. The County Highway has requested only one entrance on lot 2 and a note on the primary plat and secondary plat complies with the County Highway comments of one drive per lot. Upon completion of this development, sewer and water will be available for area residents, but Mr. Smallstake would have to make his own arrangements to tap into it. The Utilities Dept. would expect Mr. Smallstake to request annexation of his property before hookup. Upon approval of this two -lot subdivision, the petitioner will be requesting annexation so that utilities can be brought to the property. It is the opinion of Hamilton County Highway that the development in this portion of Cherry Tree Road will be minimal. No widening or additional work to this road is expected other than what is S:AP1anCommission\ Minutes\ P1anCommissionMinutes \pc- specialmtg200lnov27 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 currently taking place at 146 Street intersection. The public hearing was then closed. Department Comments, Jon Dobosiewicz. The Department has determined a need for a Subdivision Waiver for suitability of land requirement. A similar waiver was granted to allow lots to be subdivided into a floodway area, thereby creating a situation where there was no common area. This regulation still exists and a waiver should be requested by the applicant. John Molitor agreed with the Department of Community Services that a Subdivision Waiver should be requested. Docket No. 120 -01 PP, Fecitt Subdivision Primary Plat was referred to the Subdivision Committee on December 4, 2001 at 7:00 PM in the Caucus Rooms of City Hall. 3h. Docket No. 122 -01 PP; Papay Subdivision Primary Plat The applicant seeks approval to plat a one lot residential subdivision on 4.37 acres. The site is located on the north side of West 136 Street, 1 /4 mile east of Towne Road. The site is zoned S- 1/Residence. Filed by Dave Barnes of Weihe Engineers, Inc. for Anthony and Alice Papay. Dave Barnes of Weihe Engineers, Inc., 10505 North College Avenue, appeared before the Commission representing the applicant. J.R. Freiberger was also in attendance. A one -lot residential subdivision on 4.37 acres is being requested. The site is located on the north side of West 136 Street, 1 /4 mile east of Towne Road. The petitioner is proposing construction of a single family residence on this site that is adjacent to the Sweet Charity Horse Farm. Members of the public were invited to speak in favor of or opposition to this petition; no on appeared and the public hearing was closed. Department Comments, Jon Dobosiewicz. The petitioner was in process of filing for a building permit and was unaware of the difficulties created by the requirement in the Ordinance. Before 1999, there could be two splits of less than five acres and the third split would require a waiver. The Department has no outstanding issues and recommends suspension of the Rules of Procedure. Leo Dierckman moved to suspend the rules, seconded by Pat Rice, Approved Unanimously. Leo Dierckman moved for approval of Docket No. 122 -01 PP, Papay Subdivision Primary Plat, seconded by Paul Spranger, APPROVED 13 -0. 4h. Docket No. 124 -01 PP; The Sanctuary Subdivision The applicant seeks approval to plat a twenty -three lot residential subdivision on 28.35 acres. The site is generally located at the northeast corner of West 106 Street and Crooked Stick Lane. The site is zoned S- 1/Residence. The petitioner also seeks approval of the following Subdivision Waivers: S:AP1anCommission\ Minutes\ P1anCommissionMinutes pc- specialmtg200lnov27 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 6 124 -01a SW SCO 6.3.3 elimination of stub street 124 -01b SW SCO 6.3.7 cul -de -sac to exceed 600' in length 124 -01c SW SCO 6.5.7 orientation of homes toward cul -de -sac 124 -Old SW SCO 6.5.21 <two points of access for more than 15 lots Filed by Dennis Olmstead of Stoeppelwerth Associates for Glenn E. Christian Zeff Weiss, attorney, American United Life Building, Indianapolis appeared before the Commission representing Manchester Properties, LLC. Also in attendance: Dennis Olmstead, Stoeppelwerth Associates; and Glenn Christian, J M Development Company. The site consists of slightly more than 28 acres; 23 residential lots are proposed. The property is located at the northeast corner of West 106 Street and Crooked Stick Lane zoned S -1/ 1/Residence. The best point of access is determined to be along Crooked Stick Lane. The property is comprised of bulk acreage as well as a small parcel known as Block A of Spring Run Estates (commonly referred to as Crooked Stick.) The working name for this subdivision is Crooked Stick Sanctuary —it is uncertain what the final name will be. The petitioner will install extensive landscaping, including an 8 -foot brick wall and wrought iron. Whether or not a gate is proposed has not yet been determined. Four waivers are being requested as stated above and Mr. Weiss explained the request for each waiver from the Subdivision Control Ordinance. Members of the public were invited to speak in opposition to this petition; the following appeared: Rick Hovde, 11184 Crooked Stick Lane, stated his main concerns as being traffic and safety. By approving access to Crooked Stick Lane, the number of residents using the lane will be doubled as well as the traffic. Crooked Stick does not have sidewalks, and the neighborhood is full of children. Traffic is already significant. Greg Stewart, 10835 Crooked Stick Lane, stated his primary concern is with the buffering, landscaping, and tree preservation. J. Lang, 10714 Ditch Road, said his main concern is drainage. Dennis Olmstead of Stoeppelwerth has assured Mr. Lang that the drainage will be contained, but drainage does need to be addressed. The pond on the north side in the east corner is of particular note —it looks as if it straddles the old Thomas Hussey drain. The Thomas Hussey drain was altered when Crooked Stick development on the north came into existence in 1979 -80. It is not known where the outlet is for the proposed pond in the northeast corner whether it is proposed for the old drainage ditch or in the legal drain immediately north. Mr. Lang agreed with the previous speakers regarding the traffic situation Crooked Stick Lane was never designed to carry the traffic this proposal would bring and perhaps a stub street for future development would be a good idea. General Questions /Comments: S:AP1anCommission\ Minutes\ P1anCommissionMinutes \pc- specialmtg200lnov27 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Mark Rattermann, 11257 St. Andrews Lane, past president of Crooked Stick HOA, requested that the public hearing be held open during committee review. Rebuttal, Zeff Weiss. The traffic is the recurring theme. The traffic on Crooked Stick Lane is in the hundreds; the traffic that would disperse from 23 lots over the course of a day is not very much compared to the traffic existing. Keeping traffic off Crooked Stick Lane is a fallacy. During peak hours at 106 and Ditch Road, if someone is heading northeast, they will turn right onto Crooked Stick Lane. Mr. Weiss thought the problem would be solved by the improvement of the intersection. The proposed access will not dictate whether or not someone goes north. If someone wants to get to Ditch Road, they will come out, turn right, and follow up Crook Stick Lane. Secondly, the traffic generated by this proposed Subdivision would be minimal —both in the context of traffic on 106 and Ditch, but more particularly, on Crooked Stick Lane. Regarding the buffering, a full landscape plan has not yet been developed, although along 106 Street and Ditch Road, a brick wall will be installed with some landscaping. However, in the backs of all of these homes, the individuals will landscape their properties. Madeline Fitzgerald was in favor of leaving the public hearing open through the Committee process and made formal motion to that effect. After discussion, Madeline Fitzgerald withdrew her motion. Department Comments, Jon Dobosiewicz. The request for Subdivision Waivers was filed and notice delivered without the 25 additional days as required by the Rules of Procedure. The Commission would need to suspend its Rules to consider those Subdivision Waivers as a part of this public hearing process this evening. In addition, as indicated in the Department Report, the applicant has filed notice for a primary plat amendment for Spring Run Section I Subdivision of Block A. Block A runs along the east side of Crooked Stick Lane within 500 feet of 106 Street. Block A is part of Crooked Stick Subdivision today and the applicant intends to file a petition to exempt it from Crooked Stick and incorporate Block A into Crooked Stick Sanctuary; this will require an amendment to the primary plat for Crooked Stick. At that time, the access would need to be addressed for the additional lots from Crooked Stick Lane as well as 106 Street. The existing access onto Crooked Stick Lane has no accel/decel tapers, there are no passing blisters at this intersection, right -of -way may not be available on the south side. However, if right -of -way were available, the Department would be looking to the applicant to improve the intersection in accordance with current requirements of the Thoroughfare Plan and Subdivision Control Ordinance. If this community were to be gated at some future, it would require a Subdivision Waiver. For the purpose of review, the Department requests a landscape plan from the petitioner that would identify the landscape wall and "lush landscaping." The Ordinance restricts the height of the wall to six feet and the petitioner would need a variance. S:AP1anCommission\ Minutes\ P1anCommissionMinutes \pc- specialmtg200lnov27 8 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The petitioner has suggested locations for the proposed access as being Ditch Road or 106 Street. Again, this would require a Subdivision Waiver for 15 lots with less than two points of access. A lot of comments from the public pertain to traffic— Crooked Stick Subdivision was developed at a time when improvements were not made at the intersection and access to the golf course may not have even been a consideration. There are a lot of issues of discovery for the Subdivision Committee. Nick Kestner was concerned that the proposed corner would look like the southwest corner of 106 and Ditch. Landscaping ideally should be higher than 8 feet. A multi purpose path should extend along Crooked Stick from 106 to the entrance of the proposed Subdivision. If the County Highway wanted to improve the intersection, they could go into the adjacent properties much as they did at 106 and Towne Road. Ron Houck asked that the applicant be prepared to discuss topographical elevations at the Committee level; whether or not the detention is properly located; and a balance between the tree preservation and retention location. Dave Cremeans moved to suspend the Rules of Procedure for the publication of notice deficiency for the Subdivision Waivers, (25 days) seconded by Leo Dierckman; motion was Approved 12 in favor, one opposed (Ron Houck.) Docket No. 124 -01 PP, The Sanctuary Subdivision, was referred to the Subdivision Committee for further review on December 4, 2001 at 7:00 PM in the Caucus Rooms of City Hall. 5h. Docket No. 131 -01 Z; North Augusta, Section 1, Lots 8 -11, lla, 12 -13, Rezone The applicant seeks approval of a Rezone from the S- 1/Residence and B- 2/Business Districts to the B-2/Business District. The site is located northeast of the intersection of West 96th Street and North Michigan Road. The site is zoned S- 1/Residence and B-2/Business within the US 421/Michigan Road Overlay Zone. Filed by the Department of Community Services for the City of Carmel. Laurence Lillig appeared before the Commission representing the Department of Community Services. The City is requesting a rezone to correct a split zoning that exists on the official Zone Map, adopted in 1961 for this area. The affected lots are located on the northeast corner of West 96 Street and North Michigan Road. Originally, the District extended 250 feet on either side of the Michigan Road right -of -way. The "Mylar" map adopted in the 1970's shows the B -2 District inadvertently shifted approximately 225 feet east of where it should have been located. The electronic Zoning Map recently adopted by the City now shows the accurate boundaries for the zoning in that area. Comparing the current map to the 1970's map, there are some pronounced differences. When the map was originally drawn in the 70's, it was drawn incorrectly; also, an accurate scale was not used when the map was up- dated. The purpose of this exercise this evening is to address those lots that have both B -2 and S -1 S:AP1anCommission\ Minutes\ P1anCommissionMinutes pc- specialmtg2001nov27 9 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 zoning and to correct the drafting so that these lots will be entirely within the B-2/Business District. These lots are currently located within the US 421 Overlay, and that will not change; the lots will still be subject to Development Plan and ADLS approval through the Plan Commission for any development or use established on those lots. Members of the public were invited to speak in favor of this proposal; the following appeared: Mike Lady, owner of one of the lots, said when he purchased the property, he thought it was zoned B -2 —it showed as B -2 on the zoning map. Mr. Lady has listed the property for sale and the prospective owner applied for a building permit and was told the property was S -1/ Residential. Additionally, the property immediately to the west had two, single family, residential homes on the site that were torn down and improved with a commercial building. The commercial building was allowed to be built with the intent that the land was zoned B -2/ Business. Everyone has been under the impression that this property is a business zone. Mark Rattermann, 11257 St. Andrews Lane, Carmel spoke in favor of the proposed rezone. This property has been zoned commercial on all of the maps he has looked at. It would be most unfair not to correct this mistake. Members of the public were invited to speak in opposition to this proposal; no one appeared and the public hearing was closed. No additional Department Comments at this time, however the Department recommends suspension of the Rules of Procedure. Leo Dierckman moved for suspension of the Rules of Procedure, seconded by Dave Cremeans and Approved 13 -0. Leo Dierckman then made formal motion to forward Docket No. 131 -01 Z, North Augusta, Section 1, Lots 8 -11, lla, 12 -13 Rezone to the City Council with a positive recommendation, seconded by Dave Cremeans and APPROVED 13 -0. I. Old Business li. 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, The Reis Law Firm, Hancock Street, Carmel appeared before the Commission representing the applicant. Bob Olson, CSO Architects was present as well as Lynn Richardson, Real Estate Manager for Meijer, Inc. S:AP1anCommission\ Minutes\ P1anCommissionMinutes \pc- specialmtg200lnov27 10 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Additional research was conducted on current gas stations in the Carmel area and it was discovered that none has the flush mounted fixtures proposed for this station. Illumination levels were recorded at the Shell Station on Carmel Drive and the Marathon Station at 116 and Range Line Road. As suspected, the illumination levels at the 116 and Range Line Road location is the highest of any found. Lynn Richardson, 2929 Walker Avenue, NW, Grand Rapids, Michigan, real estate manager for Meijer addressed the Commission. The photographs displayed to the Commission were identified as to locations and the light levels identified. There was much discussion regarding reduction in lighting under the canopies at the Meijer Convenience Store and also recessing the fixtures. The fixtures will be up, under the canopy, and the element, the light bulb, will be recessed into the fixture approximately 5 inches. The fixtures are flush mounted. Dave Cremeans moved for approval of Docket No. 39 -01 ADLS, Meijer Convenience Store recessed fixtures, reduced lighting under the canopies and the recessed bulbs, seconded by Wayne Haney and APPROVED 10 in favor, three opposed (Spranger, Dierckman, Kestner.) Note: John Molitor distributed the Findings of Fact for the minimum building height waiver (Docket No. 39 -Ola ZW) for the Meijer Convenience Store project, approved unanimously 13 -0. J. New Business: a) Council Adoption of Ordinance Amendments, Ordinance No. Z- 365 -01. John Molitor reported that the City Council had made four changes in the ordinance previously sent to them. 1) Non conforming signs; 2) Removing the sections that had to do with "For Sale" signs in motor vehicles parked in shopping cneter parking lots; 3) Removing the section that would have regulated fireworks stores; and 4) Removing the new provisions that had been proposed on outside storage. The Department is recommending the adoption of the Ordinance Amendment as approved by Council. Wayne Wilson explained that the Council felt the language as forwarded by the Plan Commission was too restrictive and these would be re- visited later. Ron Houck moved for approval of Ordinance No. Z- 365 -01, seconded by Paul Spranger and unanimously approved 13 -0. b) December 18, 2001 Meeting After considerable discussion by the Commission regarding the length of the Agenda for the December meeting, it was decided that a Special Meeting would be called for December 18 at S:AP1anCommission\ Minutes\ P1anCommissionMinutes pc- specialmtg200lnov27 11 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 5:00 PM to deal with Old Business (potentially eight items.) The petitioners will be granted 10 minutes for presentation and 10 minutes allotted for public hearing/ remonstrance, with the understanding that the public hearings will remain open. Marilyn Anderson asked Committee Chairpersons to retain Dockets at the Committee level if there were any loose ends and not return them to the full Commission. John Molitor advised the Chair that a Special Meeting would necessitate two things. Publication of Notice for a Special Meeting at 5:00 PM on December 18 beginning with Old Business; and Suspension of the Rules of Procedure to allow 10 minutes for presentation by petitioner and 10 minutes for remonstrance at the 5:00 PM meeting only. Leo Dierckman moved to suspend the Rules of Procedure for the December 18, 2001 5:00 PM meeting ONLY to allow 10 minutes public hearing and 10 minutes remonstrance, seconded by Dave Cremeans and APPROVED 13 -0. There being no further business to come before the Commission, the meeting was adjourned at 9:50 PM. Ramona Hancock, Secretary Marilyn Anderson, President S:AP1anCommission\ Minutes\ P1anCommissionMinutes \pc- specialmtg200lnov27 12 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417