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HomeMy WebLinkAboutMinutes PC 05-15-90 CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 1 The regular meeting of the Carmel Planning Commission was brought to order by Sue McMullen, Vice President on May 15, 1990 at 7 :37 P.M. at the Carmel City Meeting Hall . The meeting was opened with the Pledge of Allegiance. The board members present were: Jim O'Neal, Ila Badger, Alan Potasnik, Sue McMullen, Ronald Houck, Henrietta Lamb, Caroline Bainbridge, Henry Blackwell, Richard Klar, Max Moore, Annabelle Ogle. Frank Fleming was absent. Jeff Davis arrived at 8:06 P.M. The staff members present were: Wes Bucher, Rick Brandau, David Cunningham, Terry Jones, Wm. Wendling, Jr. and Dorthy Neisler. Mrs . Badger moved to approved the minutes for the April 17, 1990 meeting as presented. Mr. Klar seconded. Approved 11-0 . G. PUBLIC HEARINGS lg. Commission to consider Docket No. 23-90 PP, a primary plat application for the Enclave of Carmel subdivision. The primary plat consists of 50 lots on 10 . 9 acres of landlocated on the north side of 126th Street just west of Keystone Avenue. Site is zoned R-2 residence district. Petitioner request approval to subdivide the property into 50 single-family residential lots . The petitioner is requesting the following Subdivision Regulations variances: 6 . 3 . 1- street jogs less than 150 ' 6 . 3. 15- curvature of streets less than 150 ' 6 . 3 . 16- min.distance between reversed street curves 6 .5 . 1 - min. frontage of lots at right-of-way of 50 ' 6 .5 .2 - irregular shaped lots 6 .5 . 3 - planting strip of 20 ' for lots that back to along major streets 8 . 9 - sidewalks on both sides of the street within the subdivision and along adjoining streets Filed by E.Davis Coots for Eaton & Lauth Community Development Company. THIS ITEM WAS TABLED WAS TABLED BY THE PETITIONER TO PROPERLY NOTIFY THE ADJACENT PROPERTY OWNERS . 2g. Commission to consider Docket No. 26-90 Z , a rezone CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 2 application for Grace M. Worley. Petitioner requests approval to rezone her property from S-1 residence district to B-7 neighborhood business district, site is located approx. 200 ° west of North Augusta Drive on the north side of 96th Street(lots 17 and 18 of North Augusta Subdivision) . Site consists of 1. 18 acres . Filed by Sheila Marshall for Grace M. Worley. The public hearing was opened at 7: 39 P.M. Ms . Sheila Marshall, Attorney at Coots, Henke & Wheeler, 255 E. Carmel Dr. , Carmel, made the presentation, a copy of which is on file at the Carmel Department of Community Development. An aerial view, site rendering and a site plan was shown. Ms . Grace Worley was present. There were no comments from the public at this time. The public hearing was closed at 7 :48 P.M. This item will be sent to Land Use Committee on June 5, 1990 at the Carmel City Meeting Hall at 7 :30 P.M. 3g. Commission to consider Docket No. 27-90 PP, a primary plat application for Claridge Farms subdivision. The primary plat consists of 146 lots on 120 acres of land located on the west side of Clay Center Road, approx. a half mile south of 131st Street. Site is zoned S-i residence district. Petitioner request primary plat approval to subdivide the property into 146 single- family residential lots . Filed by George Sweet for Sweet and Company. Mrs. Badger withdrew herself from Docket No. 27-90 PP. The public hearing was opened at 7 :50 P.M. Mr. Jim Nelson, 3663 Brumley Way, Carmel, made the presentation, a copy of which is on file at the Carmel Department of Community Development. Mr. Scott Brewster of Schneider Engineering was present. An aerial view, artists rendering of the primary plat, a site plan, pictures of existing farm house and a rendering of new restored Victorian style farm house. Mr. Harvey Kirby, 12650 Clay Center Rd. , spoke in concern of the noise, drainage, buffering, etc . from the swimming pool and CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 3 tennis court area. Mr. Nelson explained and showed Mr. Kirby in detail the location and that there will be extra drainage provided on Mr. Kirby's property. There has nothing else been proposed at this time for buffering. The public hearing was closed at 8:04 P.M. Mr. Blackwell asked if there would public sanitary sewers and water. Mr. Nelson stated that there would be public sewers and water. This item will go the Subdivision Committee Meeting on June 5, 1990, at the Carmel City Meeting Hall at 7 :30 P.M. . 4g. Commission to consider Docket No. 28-90 PP, a primary plat application for Carwinion subdivision. The primary plat consists of 122 lots on 69 .46 acres of land located on the west side Shelbourne Road, approx. one half mile south of 106th Street. Site is zoned S-2 residence district. Petitioner request primary plat approval to subdivide the property into 122 single- family residential lots . Filed by George Sweet for Brenwick Development Co. , Inc. The public hearing was opened at 8:08 P.M. Mr. Jim Nelson, 3663 Brumley Way, Carmel, made the presentation, a copy of which is on file at the Carmel Department of Community Development. An aerial view and a primary plat was shown. There were no comments from the public at this time. The public hearing was closed at 8: 14 P.M. This item will be sent to the Subdivision Committee on June 5, 1990 at the Carmel City Meeting Hall at 7 :30 P.M. 5g. Commission to consider Docket No. 29-90 PP, a primary plat application for the Sanctuary subdivision. The primary plat consists of 14 lots on 36 .4 acres of land located on the southwest corner of 131st Street and Clay Center Road. Site is zoned S-1 residence district. Petitioner request approval to subdivide the property into 14 single family residential lots. The petitioner is requesting the following Subdivision CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 4 Regulations variances : 6 . 3. 7 - cul-de-sac length exceeding 600 ' 6 . 3 . 19- lots accessing directly to adjacent street 6 . 3 . 20- no private streets shall be platted 8 . 9 - sidewalks on both sides of the street within the subdivision and along adjoining streets Filed by Chris White for Will Wright Building Corp. *The petitioner has filed his secondary plat along with the primary plat application and is requesting simultaneous approval per section 5 . 1 . 15 of the Carmel/Clay Subdivision Ordinance. The docket number for the secondary plat is 43-90 SP. The public hearing was opened at 8: 15 P.M. Mr. Will Wright, Will Wright Building Corp. , made the presentation, a copy of which is on file at the Carmel Department of Community Development. An aerial view and a primary plat was shown. Ms . Jill Bowles, (speaking for Helen and Bill Campbell) 15466 Oak Rd. , spoke in favor of this project. The concerns were regarding the water shed and the erosion control. Mr. Wright stated that the erosion control procedures which are required in developments by the county will be enforced. The public hearing was closed at 8:22 P.M. Mr. Wright stated that the variance request was to be limited to the perimeter not to the road way. The sidewalks will be included in the roadway on both sides, on the interior of the property. The width of the cul-de-sac is a 70 ' right-of-way. Mr.Houck asked of what substance will the sidewalk constructed of? Mr. Wright stated that there was nothing definite yet but it may possibly constructed of cinders . This item will go to The Subdivision Committee on June 5, 1990 at the Carmel City Meeting Hall at 7 :30 P.M. 6g. Commission to consider Docket No. 30-90 PV, a plat vacation application for Hamilton Woods subdivision. The plat vacation consists of 2 lots and a 50 ° right of way located on the southwest corner of 116th Street and Guilford Road. Site is zoned R-1 residence district. Petitioner request approval to vacate the plat and covenants of Hamilton Woods subdivision to incorporate CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 5 this property into the Woodpark subdivision as approved. Filed by Jim Nelson for Wood Park Development Co. The public hearing was opened at 8:27 P.M. Mr. Jim Nelson, 3663 Brumley Way, Carmel, made the presentation, a copy of which is on file at the Carmel Department of Community Development. An aerial view was shown. There were no comments from the public at this time. The public hearing was closed at 8:32 P.M. Mrs . Badger moved to suspend the rules and act on this tonight. Mr. Potasnik seconded. Approved 12-0 . Mrs. Badger moved to approve Docket No. 30-90 V as presented. Mr. O'Neal seconded. Approved 12-0 . H. OLD BUSINESS lh. Commission to consider Docket No. 13-90 Z, a rezone application for 1. 17 acres of land located on the northwest corner of Guilford Road and 116th Street. Site is currently zoned R-1 (Residential) . Petitioner is requesting to rezoned property to B-3 (Commercial) for the development of a gasoline station. Filed by E. Davis Coots for Marathon Petroleum Company. THIS ITEM HAS BEEN WITHDRAWN BY THE PETITIONER. 2h. Commission to consider Docket No. 15-90 OA, an ordinance amendment to Carmel/Clay Zoning Ordinance Z- 160, this amendment is to repeal ordinance Z-201, section 33 .0 (the cluster housing ordinance) . Filed by the Carmel/Clay Plan Commission. Mr. Jeff Davis noted the staff recommendations . Mr. Davis stated that he will appoint a committee to study only the Cluster Housing from the Plan Commission members and the public . Mrs . Badger volunteered for the committee and three names from the public were given to Mr. Davis . 3h. Commission to consider Docket No. 16-90 OA, an ordinance amendment to Carmel/Clay Zoning Ordinance Z- CARMEL PLANNING COMLMISSION MEETING MINUTES - MAY 15, 1990 6 160, this amendment is to repeal sections 26 . 1 . 2 & 26 . 1 . 3 (additional height for additional setback) . Filed by the Carmel/Clay Plan Commission. Mr. Davis noted staff comments . Mr. Wendling, Jr. stated he was requested to prepare an ordinance or the language that would go in an ordinance that could be recommended to the City Council . Mr. Wendling, Jr. would recommend language as follows : " Whereas the Carmel Plan Commission for the City of Carmel of Clay Township, Indiana has by resolution recommends there be a repeal of certain sections of the Carmel Zoning Ordinance. And, whereas it is in the best interest of the citizens of Carmel/Clay Township, Indiana that Carmel Zoning Ordinance 2160 as amended be further amended in the following manner: Sections 26 . 1 .2 and 26 . 1 . 3 (additional Height for additional setback) be repealed except any projects or developments which as of May 15, 1990, have received Carmel Plan Commission Project Development approval or to any subsequent amendments to the aforesaid project developments shall retain all rights, privileges and limitations afforded by said sections . " Mr. Wendling, Jr. stated that is the type of clause that he envisioned, it tells two things, it does repeal those sections and anybody that has a vested right in the utilization of those sections will continue to enjoy the rights, privileges and limitations that that section would have. Mrs . McMullen moved to approve Docket No. 16-90 OA an ordinance amendment to Carmel/Clay Zoning Ordinance Z160 with the adoption of the proposed ordinance presented by Mr. Wendling, Jr. , be sent to the City Council with a positive recommendation. Mrs . Badger seconded. There was further discussion. Approved 11-1 . Mr. Potasnik voted against. 4h. Commission to consider Docket No. 17-90 OA, an ordinance amendment to Carmel/Clay Zoning Ordinance Z- 160, this amendment is to amend section 25 . 1 . 3 (private residential garages not to exceed four spaces or 850 square feet) , also to amend section 3 . 0 definitions, specifically GARAGE, PRIVATE. Filed by the Carmel/Clay Plan Commission. Mr. Wendling, Jr. stated that we have a situation where we publicized what we anticipate changing or repealing and we take that to a public hearing and that is discussed and it is open to the public. It is discussed then sent back to a subcommittee for further discussion. What happens when they change a word that CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 7 has been previously published from a to an? Not a whole lot. What happens when you delete a whole section or a paragraph or words that are of real importance then that has been changed to what we have published to the public . It is changed to what we have presented at the public hearing and now it comes back up. The question to Mr. Wendling was how much can we change? Research was done to try and figure out what the parameters would be and stated that Indiana does not have any case law indicating what those parameters would be. As these things come up that we are to look at what changes are being made to determine whether they are so far off base from what has been presented to the public that we feel uncomfortable that the public should have an opportunity to view this new language. One thing that he feels they need to look at is that when we published the public notice, he was demanding in that we use the precise language. The statue that says these things have to be noted publicly indicates that you can do it in summary form. Mr. Wendling, Jr. does not feel that these things before the Plan Commission deviate so far from what the public had to say about it, particularly this garage situation. Once again if the public cares to they have the opportunity to speak to the City Council. Mr. Cunningham stated that it will be publicized for the City Council and that will be a open public hearing. Mrs. Badger moved that Docket No. 17-90 OA regarding private residential garage be forwarded to the City Council with a positive recommendation from this body. Mr. Klar seconded. Mrs . Badger stated that this definition could be a storage basement and it would still be considered living area. Mr. Cunningham stated that is correct, that is the way current fees in the building permit schedule is figured, is the total square footage of the dwelling. Approved 12-0 . 5h. Commission to consider Docket No. 22-90 PP, a primary plat application for Woodfield Section 7 subdivision. The primary plat cnsists of 41 lots on 22 .8 acres of land located on the south side of 146th Street approx. one half mile east of Gray Road. Site is zoned S-1 residence district. Petitioner request approval to subdivide the property into 41 single family residential lots. Petitioner is also requesting subdivision variances from the following section: 6 .3.7 - Length of cul-de-sac not to exceed 600 feet Filed by Bob Langston CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 8 Mr. Davis noted staff recommendations . Mr. Klar moved to approve Docket No. 22-90 a Subdivision Variance as presented. Mrs. Lamb seconded. Findings of facts were completed by all board members . Approved 12-0. Mr. Klar moved to approve Docket No. 22-90 a Primary Plat as presented. Mr. Moore seconded. Findings of facts were completed by all board members . Approved 12-0. I• NEW BUSINESS li . Commission to consider Docket No. 38-90 ADLS (amend) , and Architectural Design, Signage and Lighting (amendment) application for a new office building located in the northwest quadrant of I-465 and Meridian. Petitioner seeks approval to reduce a previously approved 7 story building to a six story building ( 125,486 sq. ft. ) . Site is zoned B-1 . Filed by Kevin A. Miller for HRB Associates, L.P. Mr. Jim Nelson, 3663 Brumley Way, made the presentation, a copy of which is on file at the Carmel Department of Community Development. An aerial view and renderings of the building were shown. Mr. Kevin Miller of Browning Investments was present . This item will go to the Industrial & Commercial Committee on June 5, 1990 at the Carmel City Meeting Hall at 7:30 P.M. . 2i. Commission to consider 42-90 ADLS (amend) , an Architectural Design, Lighting and Signage application for St. Vincent's Hospital . Petitioner is seeking the approval to construct a 3950 sq. ft. addition to the south side of the existing hospital . The addition is to house a surgical department and a connecting walkway to the medical office buildings . Site is zoned B-6 . Filed by E. Davis Coots for St. Vincent 's Hospital . Mrs . McMullen withdrew herself from this petition. Ms . Sheila Marshall, Attorney at Coots, Henke & Wheeler, 255 E. Carmel Drive, Carmel, made the presentation, a copy of which is on file at the Carmel Department of Community Development, . CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 9 Mr. Jim Schroeder the Architect with BSA and Michael Chittenden the Administrator for St. Vincent's Hospital were present. A site plan, the interior of building plan and an elevation plan was shown. Mr. Houck questioned if the parking lot survey take into account or does it correlate with the occupancy of the hospital? Is this a period of low occupancy or high? Ms. Marshall stated that yes it does. Mr. Schroeder stated that they had taken a survey of the entire sides around the hospital and the building. The occupancy of the hospital was approximately 40%. (there was not a mike used) This item will go to the Industrial & Commercial Committee on June 5, 1990 at the Carmel City Meeting Hall at 7 :30 P.M. . 3i. Commission to consider the following ordinance amendments to the Carmel/Clay Zoning Ordinance Z-160 as amended to the following proposals: 1. automatic pool covers and above ground swimming pools - report from Land Use Committee Mr. Davis asked if we have taken on an additional responsibility in regard to the safety and have we assumed the responsibility. Mr. Wendling stated that he did not feel that we had assumed any extra ordinary duty or burden or obligation. There was further discussion regarding the pool cover and swimming pools . Mr. Cunningham referred the committee to last months minutes, stating that Mrs. McMullen moved to prepare this item for public hearing, Mr. Moore seconded, approved 12-0, therefore the staff has started to prepare public notice to repeal the ordinance. Staff has started to prepare the notice for a public hearing in June. There was further discussion by the committee. 2 . additional height - report from Industrial and Commercial Committee Mr. Moore read the report (which is a part of the official minutes and attached to the Master Copy) . Mr. Moore moved to send to the full Planning Commission and be prepared for public hearing. Mr. O'Neal seconded. CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 10 There was further discussion by the committee. Approved 12-0. 3. outside storage and display - report from Industrial and Commercial Committee There was no report at this time and the committee is still working on it. 4 . satellite dish and antennas - report from Industrial and Commercial Committee Mr. Moore read the Industrial and Commercial committee report (which is a part of the official minutes and attached to the Master Copy) . There was further discussion. Mr. Moore moved to recommend this proposal to proceed to the full Plan Commission and be prepared for public hearing. Mr.Klar seconded. Approved 12-0. 5. Plan Commission Rules of Procedure - report from the Executive Committee Mr. Davis stated that this is still being addressed at this time. Mr. Bucher updated the Commission on the status of the fence problem that had been addressed at the last BZA meeting. He informed Commission members that the problem originally came to light when a property owner adjoining Smokey Knoll and residents of Kingswood complained about fencing that was installed which was not what was approved as part of the subdivision approval. In researching the ordinance, staff discovered that any yard adjoining a public road was a "front yard" and the maximum height of fence allowed in a front yard was 42 ", and therefore the fences were in violation of a city ordinance. Letters were sent 1st to the Kingswood area, and just prior to the BZA meeting, another 50 letters were sent to violations that existed in the Smokey Knoll area. Staff did not issue a citation, but choose to send a letter and work with residents to bring them into compliance or seek a variance. Mr. Bucher stated there were probably several hundred of these fence problems in the community. He stated that he had discussed the problem with Mr. Davis and asked to bring the matter to the Commission's attention and to seek to have the problem assigned to a committee to help arrive at an acceptable solution. Mr. Bucher stated that while this may be a "ridiculous" ordinance, the simple solution of calling this a "rear yard" could create a very unsightly appearance along our streets and roads . He also does not feel CARMEL PLANNING COMMISSION MEETING MINUTES - MAY 15, 1990 11 the community wants a wall of fences right next to the sidewalks down our streets . Mr. Bucher stated they are working with new developments to avoid this problem, but there was no easy solution to the existing fencing problems. He asked that some discussion occur to try to find an acceptable resolution to the problem. Mr. Davis asked what was the results of the fence ordinances at the BZA, was there a general staff recommendation for all of them, yes, this should be approved or no, it should not be approved? Mr. Brandau stated that the staff was in support of 8 of the requests and opposed 2 of the variances, the 2 being ones where landscaping was all enclosed by the fence. Mr. Davis stated that he would not appoint a committee at this time, wants the staff to look at it first. There was further discussion. Mrs. Badger asked why and where is the recodification of the ordinance? Mr. Bucher reported that the status is still the same as the last report to the Executive Committee. They had not received recodified version from South End Company. Mr. O'Neal moved to adjourn the meeting. Mr. Klar seconded. Approved 12-0. The meeting was adjourned at 10:20 P.M. President Secretary s