HomeMy WebLinkAboutPC Minutes 02-21-89 55
CARMEL PLANNING COMMISSION MINUTES - FEBRUARY 21 , 1989 PAGE 1
The regular meeting of the Carmel Plan Commission was called to
order by Jeff Davis , President, at 7 :35 P.M. , February 21 , 1989 at the
City Meeting Hall . The meeting opened with the Pledge of Allegiance.
The roll was called and members present were as follows: Jeff
Davis , Sue McMullen , Bob Boone, Alan Potasnik , Max Moore, Jim O' Neal ,
Betty Stevenson , Richard Klar, Henrietta Lamb, Frank Fleming , Ila
Badger and Sandra Long . Vaughn Story arrived at 8:25 P.M. .
Staff members present were: Wes Bucher, Rick Brandau, Dave
Cunningham, Gordon Byers and Dorthy Neisler .
Mrs. McMullen moved that the minutes from January 17 , 1989
meeting be approved as submitted .
Mr. O' Neal seconded .
Approved 12-0
G. PUBLIC HEARING:
1g . 7: 30 P.M. , Public Hearing on Docket No. 104-88
P.P. , A preliminary Plat Application for Larkspur
Phase Two located at the Southeast corner of 116th
and Shelborne Rd . This plat include 13 lots or
16. 1 acres of land . Site is zoned S-1 , single
family residential .
Filed by Wayne Kelley .
The public hearing opened at 7 :37 P.M.
Mr . Wayne Kelley , 270 E. Carmel Drive made presentation , a copy
which is on file at the Carmel Department of Community Development.
An aerial view, site plan , landscaping plan and an entrance
design was shown .
Mr. Clifford Smith, 412 Jenny Lane, questioned what the exact
location of this project was?
Mr. Kelley stated that it will be on the SE Corner of 116th and
Shelborne Road .
The public hearing was closed at 7:42 P.M.
Mr. Potasnik questioned what the width of the streets were and
the entry way that has the brick wall divider between the entry . •
Mr. Kelley answered that the width of the streets were 30'
pavement, 50' right-of-way , brick wall divider is 62' , the island is
10' .
This project was referred to the Subdivision Committee meeting
which will be March 7th at 7:30 P.M. at the City Meeting Hall .
2g . 7:30 P.M. , Public Hearing on Docket No. 120-88 PP,
a Preliminary Plat Application on West Park at
Springmill Subdivision located at the Southeast
corner of 131st Street and Springmill Road . This
plat includes 89 lots or 34 acres of land . Site
is zoned R-3. Subdivision variances are being
requested for relief from Section 6.3.7 maximum
length of Cul-de-Sac 600 ft and Section 6.3.21 two
points of access required for a subdivision of
more than 15 lots. Also zoning ordinance variance
for front yard setback from required 30' to 25' .
Filed by George Sweet/Brenwick Development Co. , Inc. .
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CARMEL PLANNING COMMISSION MINUTES - FEBRUARY 21 , 1989 PAGE 2
The public hearing opened at 7:42 P.M.
Mr. George Sweet made presentation , a copy which is on file at
the Carmel Department of Community Development.
An aerial view, plats on both phases and emergency entrance
landscape designs were shown .
Mr. Thomas Hanson , 448 Leeds Circle, spoke as a representative
for the Springmill Ridge neighborhood in opposition , because of the
excess traffic that this new development will create and the fact that
this area should not be rezoned allowing the petitioner to put up 4
story commercial buildings. (Attached is Mr. Hanson ' s comments, which
is a part of the official minutes and attached to the Master Copy ) .
Mr. Jim Dillon , 507 Cornwell Ct. , an officer of the Springmill
Streams Homeowners Association spoke in concern of the longer cul-de-
sacs that are being requested , two accesses , the safety of the
children catching the school buses and the fire hydrants.
Ms. Mary Briggs, 13540 Springmill Road spoke not in opposition or
for the project, her concern is the construction debris and trash that
is continually left lay and gets blown around on homeowners
properties.
Ms. Sue Dillon , 507 Cornwall Court, spoke in concern of the trees
that will be removed to make room for the houses being built. The
trees provide water and oxygen to the atmosphere, what happens when
all the trees are destroyed? She requested further to please protect
our trees.
The public hearing was closed at 8:09 P.M.
Mr. Sweet responded to the remonstrators comments . Regarding the
link of this to the other public hearing tonight there is no linkage,
we have the right to this particular piece of ground and this is the
way we had planned on developing it . The petitioner has tried to be
sensitive to the comprehensive plan and paved an emergency access way .
The petitioner has attempted to create buffers and put in trees and
provide a livable transition between the residential and commercial
area. In regards to the trash, we have sent crews out to pick up
trash and we get a strong wind and we are right back where we started .
As to tree preservation and commitment, we have committed to hardwood
trees and trees are worth saving and are an amenity .
This has been referred to the Subdivision Committee on March 7th
at 7:30 P.M. at the City Meeting Hall .
3g . 7:30 P.M. , . Public Hearing on Docket No. 1-89 Z a
Rezone Application for 8 acres of land located
west of 421 approximately 1/2 mile north of 106th
Street. Site is currently zoned S-1 . Rezone
request is to zone this site B-3 (Special Use) .
Filed by E. Davis Coots for 421 Development Company .
The public hearing opened at 8: 17 P.M. .
Mr. Davis Coots , 255 E. Carmel Drive, made presentation , a copy
which is on file at the Carmel Department of Community Development.
An aerial view of this project was shown .
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CARMEL PLANNING COMMISSION MINUTES - FEBRUARY 21 , 1989 PAGE 3
There were no comments from the public.
The public hearing was closed at 8:20 P.M. .
This project was referred to the Land Use Committee on March 7,
1989 at 7:30 P.M. at the City Meeting Hall .
4g . 7:30 P.M. , Public Hearing on Docket No. 2-89 P.P.
a Primary Plat application for Orchard Crossing
located at the Northwest corner of 106th Street
and Westfield Boulevard . This plat includes 25
lots or 13.786 acres of land . Site is zoned R-1 ,
Residential .
Filed by Jack Southerland for Westfield Development Company .
The public hearing was opened at 8:21 P.M.
Mr. Jim Nelson , 3663 Brumley Way , made presentation , a copy which
is on file at the Carmel Department of Community Development.
The two principals of Westfield Development Company , Mr. Bill
Price and Mr. Jack Huffman and Mr. Jack Southerland was present .
An aerial view, a primary plat, development plan , and rendering
of sign were presented .
Mr. Marvin Clingman , 11035 Totenham Drive, R.R. , Carmel
questioned will the pavement be concrete or blacktop paving?
Mr. Nelson stated that they would asphalt streets with concrete
rolling curb gutter.
Mr. Larry Hatfield , 2023 E. 109th Street , Jordan Woods spoke in
favor this project, and questioned is this to be developed as lot
sales or is the developer going to be building the homes here?
Mr. Nelson stated that Westfield Development Company will develop
and build the homes.
Ms. Judith Beavers, 10645 Highland Drive, questioned how many
trees are to be removed from this area when they develop.
Mr. Nelson stated that the goal and objective is to maintain as
many of the tress as possible, it would be an amenity to the property .
Very few of the trees will be destroyed as a result of the
construction of the roadways. The only trees to be removed will be
the ones necessary to remove to build the single family homes. A lot
of the material to be removed is scrub brush.
The public hearing was closed at 8:34 P.M.
This was referred to the Subdivision Committee on March 7, 1989
at 7:30 P.M. at the City Meeting Hall .
5g . 7:30 P.M. , Public Hearing on Docket No. 3-89 Z a
rezone application for 9. 56 acres of land located
at the Northwest corner of 126th and Keystone
Ave. . Site is currently zoned R-2. Rezone request
is to zone this property to a R-4 residential .
Filed by E. Davis Coots for Eaton-Lauth Community
Development Co.
The public hearing opened at 8:40 P.M. .
Mr. E. Davis Coots , 255 E. Carmel Drive, made a presentation , a
copy which is on file at the Carmel Department of Community
Development .
Mr. Gary Weaver, Certified Land Planner , Mr. Bill Fehrenbach of A
& F Engineering , Mr. Robert Siegel of Siegel & Associates , and Mr.
Will Stump of Stump and Associates were present.
A slide presentation was presented .
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CARMEL PLANNING COMMISSION MINUTES - FEBRUARY 21 , 1989 PAGE 4
Mr. Jeff Davis , President of the Planning Commission has received
117 letters from the public in opposition to this project.
Ms. Kathy Moulder, 8325 Hickory Drive spoke in opposition to this
project stating that Carmel does not need any more apartments. Would
like to have single family homes where it is zoned residential .
Mr. Clifford Smith, 412 Jenny Lane, spoke in reference to
building a fence around the complete project . Also, his concern is
the safety of the children crossing 126th Street , and also there are
no sidewalks.
Mr. Paul Ash, 866 Hickory Drive, spoke in concern of the
withdrawal of the commercial application , feels they will see it back .
The rezone is bad public policy for several reasons, it does intend to
higher use in terms of density , population of the schools, additional
enrollment in the schools causing redistricting , police runs to the
neighborhood. In summary Mr. Ash feels that this is bad public
policy .
Ms. Phil Squires, 1315 Lawrence Road, representing 225 families,
spoke in opposition of this project. The concern is the zone change,
the value of our homes, these will not house homeowners they will be
transit people, zero lot lines will sell quickly , there is no hardship
and we request denial of this project.
Mr. Dale Graham, 828 Hickory Drive, spoke in opposition of this
project for a rezone for the following reasons: 1 ) the zoning
designation is a plan and a promise; 2) we build our lives and home on .�
plans and promises ; 3) neighbors have no obligation to support
speculation ventures beyond an organized , reasonable plan ; 4 ) request
for rezoning is not reasonable for the location ; 5) we are not being
heard , we seek no compromise, we want the current zoning designation
to remain .
Mr. Robert Smith, 716 Hickory Drive spoke in opposition of the
rezone. It seems the word compromise always arises concerning the
type of development for this area , the word generally favors people
that use it. We see no need for compromise concerning land use. We
request denial of this project.
The public hearing was closed at 9: 17 P.M. .
Mrs. Badger questioned where the second entrance and the exit is
for this residential development?
Mr. Coots stated that in the original design Lark Street would be
extended and used as an emergency exit , if a variance is not obtained
for making this the one entrance would be on and off of 126th Street,
then the Lark Street would probably be rekindled . It is the
developers desire not to have more than one entrance.
Mrs. Badger stated that this does require a variance from the
Subdivision Ordinance.
Mr. Coots stated it will require a variance from the Subdivision
Ordinance.
My point is that Eaton & Lauth Community Development Company
seeks to invest a considerable amount of money and have an extremely
amount of interest in what happens to the this land for the future.
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CARMEL PLANNING COMMISSION MINUTES - FEBRUARY 21 , 1989 PAGE 5
There is no relationship between the owner of the corner piece of
property and Eaton & Lauth nor any agreement to what will happen to it
in the future. The density is 11 units per acre, comparable to
_._ Hunters Glen , and higher income apartments, etc. The redistricting of
schools are currently being considered . The apartment rents for $600
and up. The value of homes in this area have increased 3 1/2% rather
than decreased .
This will be referred to the Land Use Committee on March 7, 1989
at 7:30 P.M. at the City Meeting Hall .
6g . 7:30 P.M. , Public Hearing on Docket No. 4-89 Z a
Rezone Application for 1 .33 acres of land located
at the NW corner of 126th and Keystone. Site is
currently zoned R-2, request is for B-3 (Special
Use)
Filed by E. Davis Coots for Eaton Lauth Community
Development Company.
ITEM WAS WITHDRAWN.
7G. 7:30 P.M. , Public Hearing on Docket No. 5-89 Z a
Rezone Application for 14.94 acres of land located
on 126th Street, 800 feet west of Meridian . Site
is currently zoned R-3. Petitioner wishes to
rezone property to B-5 Professional Office
District.
Filed by Philip Nicely for Duke and Associates .
The public hearing opened at 9:30 P.M.
Mr. Phil Nicely , Attorney at 8888 Keystone Crossing , made a
presentation , a copy which is on file at the Carmel Department of
Community Development.
Mr. Bob Scknell who is in charge of development for Duke, Mr.
Sweet of Sweet Company , Mr. Mark Disney , Mr. Ed Pack and Mr . Pete
Leonard are the architects and Mr. Steve Granier from Phil Nicely ' s
office were present.
The site plan , aerial view and renderings of buildings were
shown .
Mr. Basilio Calchera, 1417 Stoney Creek Circle spoke in
opposition of this rezone application. Mr. Calchera feels that this
proposed rezone will violate the amendment and the trust the citizens
and homeowners have placed in this Commission . I ask that you deny
this rezone and honor the commitment made by this commission with the
Springmill Road Residential Corridor Amendment to Ordinance D-454.
Ms. Jean Book , 12550 Springmill Road spoke in opposition of this
project. Mr. Sweet was very adamant that he would be sure and provide
buffer zone, that we would have transitional areas and that we would
never have commercial anywhere near Springmill Road , and all big
buildings would observe the 600 ft. overlay zone area. At this time
they have already taken up more than there 600 ft. area . Please
observe the Springmill overlay zone.
Mr. Jim Gorrell , 12621 Springmill Road , directly South of the
project , spoke in opposition . A buffer was promised to be put at the
edge of his property with a pond . If this project is approved the
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CARMEL PLANNING COMMISSION MINUTES - FEBRUARY 21 , 1989 PAGE 6
pond will disappear and the green buffer and the buildings would be
west of and outside of the Meridian Corridor. The purpose of service
road is now becoming very clear. The buildings would be immediately
adjacent to my home which is a well developed home. This will greatly
decrease the value of my property , it will violate both the spirit and
the letter of the Comprehensive Plan. Please deny this petition .
Mr. Jim Dillon , 507 Cornwall Ct. , Carmel spoke in opposition of
this project.
Mr. Marvin Clingman , 1103 Toppenham Dr. , R.R. Carmel , the reasons
for keeping the integrity of Springmill Rd . residential right out to
the 600' commercial still remains the same and is in opposition of
this project.
The public hearing was closed at 10:04 P.M.
Mr. Nicely spoke in response to the remonstrators comments. The
comprehensive plan issue as we all know is a guideline does show this
area as a transitional area. B-S is specifically defined transitional
area. There are things that are important here and they are: 1 ) this
development which is going in no matter how nice it may be is a retail
development, it does call for certain buffer transitional area, a
small simple one story building not a tall building ; 2) that any
overall development of this particular area there has been designated
as an appropriate place a retention pond for the area , which is the
second point that creates a dividing line between this area and the
area to the west. We feel for these two reasons that this rezoning
for this property to a B-5 zoning classification is appropriate. This
master plan for this development since 1986 has shown this property to
be developed at B-5. We feel we can do an adequate job to exactly the
way we have zoned the property .
This will be referred to the Land Use Committee on March 7, 1989
at 7:30 P.M. at the City Meeting Hall .
8g . 7:30 P.M. , Public Hearing on Docket No. 10-89 OA,
an Ordinance Amendment to the Carmel /Clay
Subdivision and Zoning Ordinance. Specifically
the amendment and repeating of the Cluster Housing
Ordinance.
Filed by Carmel/Clay Plan Commission .
The public hearing opened at 10: 12 P.M.
Mr. Mark Boyce, 13875 Herron Drive, Carmel representing
C.P.Morgan Company . I ' m here to speak in opposition to the proposed
Cluster Housing reappeal , however I will speak in favor of the Cluster
Housing Ordinance for the City of Carmel . Attached is a four page
observation and comments on Cluster Housing from Michael F. Shebley ,
Assistant Staff Vice President, Land Development and Environmental .
The City of Carmel needs Cluster Housing because of today economic,
environmental and social conditions. If the recommendations given by
Mr. Shebley are followed , I believe that Carmels developers can
effectively build cluster housing for the benefit of future homeowners
as well as the benefit of the Carmel Community on a whole.
Mr. Peter Rusthoven , 11987 Waterford Ln . , spoke in concern of the
fine cluster housing developments that are in Carmel and the type of
people that live in the Waterford housing development. Request that
this proposed amendment not be adopted.
CARMEL PLANNING COMMISSION MINUTES - FEBRUARY 21 , 1989 PAGE 7
Mr. Paul Estridge, Jr. , 1400 Beechwood Court, Cicero, IN spoke in
concern of the economic impact and the real purpose of why we are
here, and the specific deficiencies of the proposal . Do not
understand why we are changing the cluster housing ordinance. The
change in the cluster option in the fashion proposed tonight in my
opinion may cause a very serious problem of ability to financially
support the services in Carmel . Mr Estridge also has a great concern
of the schools, if our schools are effected financially our economy
will have been dealt a big blow, Carmel schools is what makes Carmel
so popular. It is the high quality homes that are being built and
bought that give our schools the funds that it operates under.
Everyone cannot afford or want to live in a $200 - $600,000 homes.
Mr . Estridge recommends that the Commission does not approve the
proposal as written in its current form.
The public hearing was closed at 10:40 P.M. .
This item was referred to the Subdivision Committee on March 7,
1989 at 7:30 P.M. at the City Meeting Hall .
H. OLD BUSINESS:
lh. Commission to consider Docket No. 99-88 O.A. an
Ordinance Amendment to the Carmel /Clay Zoning
Ordinance Z-160 as amended to the following
sections of the ordinance.
1 . Zoning Ordinance 2-211 - Satellite Receiving Antennas .
THIS ITEM WAS TABLED AT THE INDUSTRIAL AND COMMERCIAL
SUBCOMMITTEE.
2h. Commission to consider, Docket No. 122-88 DP a
Development Plan for Meridian at the Crossing ,
(Duke Project ) . Site is located South of I465,
east of Meridian (US 31 ) , North of 96th Street,
West of College Ave. , Clay Township, Hamilton
County , IN. Site is 61 .855 acres, zoned B-6.
Filed by Philip A. Nicely for Duke and Associates.
Mr. Bob Boone abstained from voting on this project.
Mrs. McMullen requested that the minutes of the committee reports
be mailed out in advance so they can be read previous to this meeting .
Mr. Rick Brandau stated that would be no problem.
Mrs. McMullen moved that Docket No. 122-88 be approved as
submitted .
Mrs . Badger seconded .
Mr. Potasnik asked if the petitioner was putting in sidewalks.
Mr. Nicely stated that they were putting sidewalks down the South
side of the street from Pennsylvania to College which will be in the
existing right-of-way .
Mr. Moore questioned why we were putting sidewalks in Marion
County?
Mr. Nicely stated the reason is that was the commitment made to
the neighbors at the time of the zoning . The road is widened on the
North side.
Mr. Story questioned Mr. Nicely if he was aware of the staff
recommendations.
Mr. Davis read the staff recommendations (which is a part of the
official minutes and attached to the Master Copy ) .
Mr. Disney has met with Mr. Albright several times and presented
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CARMEL PLANNING COMMISSION MINUTES - FEBRUARY 21 , 1989 PAGE 8
a proposal and are awaiting a response at this time.
Mr. Story questioned item #3 ( If an agreement can reached , both
P.R.Duke and Trammel Crow could share in 96/College signal , sidewalks,
and widening of College to 3 lanes between the projects) of the staff
recommendations.
Mr. Disney stated that he was working with Mr. Albright on this
item also along with several other items. The proposal did include
the three lanes to the interstate.
Mr. Story questioned that if the three lane does not appear in
the proposal that we are being asked to consider recommended by the
committee, so technically if we passed this this evening it would not
include the three lanes to the interstate.
Mr. Disney stated that was correct. Three lanes is something
that Mr. Albright wants and it is what we have proposed and there are
other issues that are being discussed.
There was further discussion on this matter.
Mr. Nicely stated that they have given Mr. Gregg Silver the
proposed draft of the easement and he has looked at it and approved it
and if his client doesn ' t like every word in it , let the record show
that under the vacation as well as under the common law Mr. Nicely
indicated he would state that they have an easement to their lots, I
indicated that I would that for them and so I am.
Motion was approved 12-0, with 1 (Mr. Boone) abstaining .
3h. Commission to consider Docket No. 123-8B ADLS, an
Architectural Design Lighting and Signage
Application for Building One of Meridian at the
Crossing (Duke Project ) . Project consists of
110,212 square feet, 5 story building to be
located at the Southeast corner of the
development. Site is zoned B-6 and consists of
6.245 acres.
Filed by Philip A. Nicely for Duke Associates.
Mrs . Badger moved to approved Docket No. 123-B8 as presented.
Mrs . McMullen seconded .
There was no discussion .
Approved 12-0, 1 (Mr. Boone) abstaining .
I . NEW BUSINESS
li . Commission to consider Docket No. 6-89 ADLS, an
Architectural Design, Lighting and Signage
Application for GTE, petitioner wishes to relocate
the signage from the north elevation to the
western elevation .
Filed by Tim Stevens for GTE.
Mr. Wm. Wendling , Campbell , Kyle & Proffitt , 650 E. Carmel Drive,
Carmel made a presentation , a copy which is on file at the Carmel
Department of Community Development.
A site plan was shown .
Mrs . McMullen moved to suspend the rules and act on this item
tonight.
Mrs. Badger seconded.
Approved 13-0.
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CARMEL PLANNING COMMISSION MINUTES - FEBRUARY 21 , 1989 PAGE 9
Mrs. McMullen moved to approved Docket No. 6-89 ADLS as
presented .
Mr. Boone seconded .
Approved 13-0.
2i . Commission to consider Docket No. 9-89 ADLS, an
Architectural Design , Lighting and Signage
Application for Bank One. Petitioner wishes to
install two signs for traffic direction .
Petitioner has received variance for signs from
Board of Zoning Appeals on November 28, 1988.
Filed by Jim Nelson for Bank One.
Mr. Jim Nelson , 3663 Brumley Way , Carmel , made a presentation , a
copy which is on file at the Carmel Department of Community
Development.
Mr. Story moved to suspend the rules and act on this tonight.
Mrs. McMullen seconded .
Approved 13-0.
Mr. Boone questioned if this color of sign will match the current
signage on the building?
Mr. Nelson stated that it would not match and would not be
visible from Carmel Drive.
Mr. Story moved to approved Docket No. 9-89 as submitted .
Mr. Moore seconded .
Approved 13-0.
Mrs. Lamb moved to adjourn the meeting as there was no further
business brought before the board .
Mr. O' Neal seconded .
Approved 13-0.
Meeting was adjourned at 11 :40 P.M.
President Secretary