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HomeMy WebLinkAboutMinutes PC 03-19-91A CARMEL PLANNING COMMISSION MINUTES - MARCH 19, 1991 1 The regular meeting of the Carmel Planning Commission was brought to order by Jeff Davis on March 19, 1991 at 7:39 P.M. at the Carmel City Council Chambers. The meeting was opened with the Pledge of Allegiance. The board members present were: Jeff Davis, Sue McMullen, Richard Klar, Michael Nardi, Alan Potasnik, Tom Whitehead, Annabelle Ogle, Tom Welch, Caroline Bainbridge, Henry Blackwell, Henrietta Lamb, Norma Meighen and Ronald Houck. Max Moore and Jim O'Neal were not present. The staff members present were: Wes Bucher, Terry Jones, David Cunningham, Mike Hollibaugh, Wm. Wendling, Jr. and Dorthy Neisler. Mr. Klar moved to approved presented. Mr. Potasnik seconded. Unanimously approved. the February 19, 1991 minutes as FI The committee meetings will be held on April 9, 1991 instead of the first Tuesday of the month. G. PUBLIC HEARING 1g. Commission to consider Docket No. 5-91 O.A., an ordinance amendment to Ordinance Z-160, the proposed amendment is to regulate swimming pool fences. Filed by William E: Wendling for the Carmel/Clay Commission. The public hearing was opened at 7:43 P.M. There were no comments from the public at this time. The public hearing was closed at 7:44 P.M. - Mr. Wm. Wendling, Jr. stated that at the last meeting he had handed out a letter addressed to Alan Potasnik as former President of City Council outlining the proposed zoning ordinance. Mr. Potasnik had requested additional time to review. It was tabled at the last committee meeting and if there were any questions he would be glad to answer them. Mr. Potasnik stated that a letter from City Council stated specific areas which council felt important that they be reviewed. Mr. Wendling, Jr. stated that the letter handed to Plan Commission members included the specific recommendations of the City Council. It encompassed the State Indiana Fire Prevention Iq CARMEL PLANNING COMMISSION MINUTES - MARCH 19, 1991 2 and Building Code Standards and left in language that there was to be a self -latching six foot impenetrable fence and he just modified the language by using what the State had adopted and basically complied with what he thought the request was from the Carmel City Council. He feels the proper procedure would be for everyone to take another look at it and discuss it and if it meets with the boards approval, then to vote on it and then send it back to City Council. Mr. Wendling, Jr. stated that he would attend the meeting in order to answer any questions if necessary. Mr. Wendling, Jr. stated that Mr. Potasnik had also wanted to know what it would take to amend the building code which is different than the building ordinances. Mr. Wendling, Jr. has talked to State Senator Bill Swords and another Plan Commission member and we have come up with the same conclusion that the language in the statue that governs how building standard, building codes sections can be amended by the city. All we have to do is have the City Council pass whatever it decides is an appropriate building code ordinance and send it down to the Indiana Fire Prevention and Building Commissioner for their approval. 2g. Commission to consider Docket No. 9-91 Z, a rezone application for Harry & Richard Morgan. Site consists of 1.77 acres of land located on the west side of Rangeline Road, south of Winona Drive, north of Gradle Drive and east of the Carmel/Clay Fire Dept. -Station 1. Site is currently zoned B-4(Business). Rezone request is to zone this property to B-3(Business) for a development of a retail center. Filed by E. Davis Coots for Harry and Richard Morgan. The public hearing was opened at 7:49 P.M. Mr. E. Davis Coots, 255 E. Carmel, Carmel, made the presentation, a copy of which is on file at the Carmel Department of Community Development. Mr. Morgan and Mr. Gordon Mess, Architect were present. Mr. Coots noted the staff recommendations. Mr. Coots stated that the legal description pointed out by staff includes this piece of property and several additional pieces of property that were owned at the time the original,deed was recorded. Mr. Coots went into further detail the circumstances regarding the zoning classification. Mr. Wm. Wendling, Jr. stated that he had reviewed the statue that controls that, it says, "even though the notice contains errors or omissions it is ok as long as a reasonable person would not be mislead bylthe error or omission and the notice is insubstantial compliance with the information that needs to be sent out." CARMEL PLANNING COMMISSION MINUTES - MARCH 19, 1991 3 After reviewing the notice and what would be required, he doesn't feel these errors are fundamentally fatal to his application because it tells the right location. Even though there are a few errors in this it substantially meets the needs of the public by telling them when, where and what. An aerial view, site plan were displayed. There were no comments from the public at this time. The public hearing was closed at 8:02 P.M. Mr. Coots stated that the application was amended to read: request is to zone this property to B-1. This has been submitted and is on file at the Carmel Department of Community Development. Mr. Houck asked if a commitment in recordable form to the DOCD for this project to have ADLS review as part of this rezoned were submitted to the Department. Mr. Coots stated that a copy was submitted to Mr. Terry Jones this evening. Mr. Cunningham stated that the staff request the actual legal description of the property as shown be submitted prior to Land Use. Also, the conceptual site plan shown this evening is not on file with the Department and therefore they say it is conceptual only and they have not reviewed it for parking standards and other items. Mr. Coots stated that they are not asking for the approval of this plan, this is what we are going to do, but realizes it has to go through TAC and there will be things that will come up and will need to be addressed and will make those available to the department. This item was referred to the Land Use Committee on April 9, 1991 at 7:30 P.M. 3g. Commission to consider Docket No. 11-91 PP, a primary plat application for Windemere Subdivision. The primary plat consists of 97 lots on 81.66 acres of land. The site is located on the south side of 106th Street approx. one half mile west of Ditch Road. Site is zoned S-1 residence district. Petitioner is requesting approval to subdivide the property into 97 single family lots. The petitioner is also requesting the following Subdivision Regulation variance: 6.3.7 - Cul-de-sac length exceeding 600' 6.3.21 -Subdivisions consisting of more than 15 -12 CARMEL PLANNING COMMISSION MINUTES - MARCH 19, 1991 4 lots to have two points of access. Filed by Steve Wilson for Windemere Corporation. The public hearing was opened at 8:07 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. Curt Huff, Engineer was present. Mr. Nelson represents Mr. Steve Wilson, Mr. Dick Carriger and Mr. Jim Caito. An aerial view, a rendering of,layout of subdivision, a rendering of the brick wall and entrance and landscape plan was shown. Ms. Mary Blitz, 2050 W. 106th Street, asked if this project wih have city water and sewer? She also has concerns regarding the, density of development. Mr. Tom Snyder, a lot owner in Summer Lakes stated his concerns regarding density, the proposed price range of homes and what the proposed developed is going to be. Mr. Chris Painchaud, 11529 Rolling Springs Dr., Carmel, stated his concern regarding the density and the inconsistency and feels it is out of character. His other concern was the request for the variances and encourage the Plan Commission not to take these request lightly. xi= tg Mr. Bob Altum, 10311 Towne Road, spoke in concern of the !;g buffering. Picture were given to Plan Commission member regarding the lake that he currently shares with the Horse Patrol and is concerned about will happen in that regard. The public hearing was closed at 8:28 P.M. Mr. Nelson spoke in response to the remonstrators comments. The first item was the sewer and water availability, Mr. Nelson stated that the sewer service will be provided by the Clay Regional Waste District and the water will be provided by Indianapolis Water Company. With respect to the question about density, his numbers show that our density is 1.18 units per acre, which in his opinion is well within the density range in which he would deem to be conservative. With the respect to price of homes, while it is possible and most likely that some of the homes in Windemere will exist at a price range of $750,000 and up and a minimum home price would be $450,000. With respect to the land use issue, he feels it is important to note that they are not requesting a rezone of the property. Our only request is CARMEL PLANNING COMMISSION MINUTES - MARCH 19, 1991 5 for the approval of a primary plat to develop the land as it is zoned. Mrs. Ogle asked how many of the interior lots are the smaller ones? Mr. Nelson stated that there are approximately 30 smaller lots. This item was sent to the Subdivision Committee on April 9, 1991 at 7:30 P.M. It will also go to the TAC Committee on March 21, 1991 at 10:30 A.M. 4g. Commission to consider Docket No. 12-91 PP, a primary plat application for Bentley Oaks subdivision. The primary plat consists of 49 lots on 18.63 acres of land. The site is located on the south side of 136th Street approx. one quarter mile west of Oakridge Road. Site is zoned S-2 residence district. Petitioner is requesting approval to subdivide the property into 49 single family lots. The petitioner is also requesting the following Subdivision Regulation variance: 6.3.3 - Certain proposed streets shall be stubbed for future development. 6.3.6 - Minimum Residential street width of 30' Filed by E. Davis Coots for Weiper/Reagan/Copenhaver. The public hearing was opened at 8:42 P.M. Mr. E. Davis Coots, 255 E. Carmel Drive, made the presentation, a copy of which is on file at the Carmel Department of Community Development. An aerial view, site plan, sign plan, landscaping plan and renderings of several designs were shown. Mr. Rex Weiper, Dennis Copenhaver, developers, and Gary Murray from Mid State Engineering were present. There were no comments from the public. The public hearing was closed at 8:55 P.M. Mrs. Lamb asked if there are any plans for the balance of this land? Mr. Coots stated that part of the agreement between Weiper, Copenhaver and Reagan and Reagan is that the property be brought before you to be rezoned from S-2 to probably B-5 with certain restrictions on heights. The petitioner has not met with staff to bring an application for that. As a part of the marketing for this project obviously people who buy our homes are going to want w CARMEL PLANNING COMMISSION MINUTES - MARCH 19, 1991 6 to know what is going to happen with that property. They expect to have that in progress so that when the homes are available this summer they can assuredly tell them that there is going to be a boulevard behind your home and there will be office buildings of some sort. Mr. Houck asked what the variances grant as far as side yard and set back? Mr. Coots,stated that front yard was reduced from 35 to 301, side yard was reduced from 10' to 01. However, a minimum aggregate of 10'. There will be no attached houses. The rear yard was reduced to 20' and lot size was reduced from 12,000 sq.ft. to 8375 sq.ft., however, the smallest lot that they have platted is 9375 sq.ft.. One other variance that they have applied for with the overlay zone, because there are lots backing up to 136th Street they have the double frontage lot question, so to avoid the concern of the fence in excess of 42" that they are building as the developer along 136th Street, which will be in the back yard of those lots that run along 136th Street they are seeking to vary that section of the ordinance that calls these double frontage lots, in fact, make those backyards.. This item will go to the Subdivision Committee on April 9, 1991 at 7:30 P.M. H. OLD BUSINESS 1h. Commission to consider Docket No.. 1-91 CP, an amendment to Ordinance D-454, entitled the Comprehensive Plan Update, City of Carmel/Clay Township, 1985, effective September 30, 1985. The amendment for review is presently captioned as the "Amendment to Comprehensive Plan Update, City of Carmel/Clay Township, 1990." Filed by William E. Wendling, Attorney for the Carmel/Clay Plan Commission. There was a handout passed out to all board members. A letter was submitted to the board members by Mr.. Blackwell. Mr. Wm. Wendling, Jr. stated his thoughts and concerns regarding the resolution that was submitted. Mr. Blackwell stated that his reason for the resolution (which is a part of the official minutes and attached to the master copy) was to be sure along with our recommendation that the amendment be adopted. The council will be officially notified that this committee and the steering committee did hear a great � deals:ef public testimony and there was a great number of people that came Ze f CARMEL PLANNING COMMISSION MINUTES - MARCH 19, 1991 7 in and spoke on the density and also spoke on the traffic issue. His concern was that an official record go forward with our recommendation of our motion to adopt an official record go forward showing that the public did show up and the public let there views be known and that these were their concerns. There was further discussion on this item. Mr.Houck moved to entertain another special meeting on April 9, 1991 with the full Plan Commission. Seconded. Unanimously approved. 2h. Commission to consider Docket No. 4-91 O.A., an ordinance amendment to Ordinance Z-160, the proposed amendment is to regulate outside storage and displays. Filed by William E. Wendling for the Carmel/Clay Plan Commission. Tabled at Land Use Committee. 3h. Commission to consider Docket No. 6-91 DP (Amend), a Development Plan amendment for Meridian at 465 Development park. Site is located on the northwest corner of I-465 and US 31 (Meridian Street) and consists of 75.8 acres of land._ Site is zoned B-1, B-3 and B-6 business zones. Petitioner seeks approval to amend the previously approved Development Plan (Docket No. 32-879-DP/ADLS) for a mixed use development, this amendment deals specifically with infrastructure development. Filed by James Nelson for Meridian 465 Associates, Limited Partnership. Mrs. Bainbridge withdrew from this project. Mr. Nelson reported that following the public hearing and the Land Use Committee, meetings continued between Browning and Dr. Pittman and John Kirk.. The purpose of which was to attempt to reach an amicable and meaningful agreement as to what would constitute effective screening between the Pittman, Kirk and Thomson parcels. He was pleased to report that as of last evening an agreement was reached between Dr. Pittman and Browning as well as John Kirk and Browning. Summarily the agreement provides for the construction of a brick wall along the common east and south property lines of Browning and Kirk as well as along the east and south property lines of Pittman and Browning. (a site plan was shown) Revised landscape plans were also submitted to the Department of Community Development. The agreement provides that within 45 days from the issuance of the building permit for the Thompson project the wall will begin to 011. Q sir CARMEL PLANNING COMMISSION MINUTES - MARCH 191 1991 - 8 be constructed. Mr. Potasnik moved to approve Docket No. 6-91 DP as presented. Mr. Houck seconded. Mr. Blackwell abstained from voting. Unanimously approved. 4h. Commission to consider Docket No. 7-91 DP/ADLS, a Development Plan and an Architectural Design, Lighting, Landscaping and Signage application for Thomson Consumer Electronics. Petitioner seeks approval to construct two buildings, one five -story, 207,200 square foot and one three-story, 197,050 square feet on 12.41 acres and 10.98 acres, respectfully. Sites are located on the west side of Meridian Street just south of 106th Street, within the Meridian at 465 Development park The proposed buildings are to house the executive offices and research laboratories for Thomson Consumer Electronics. Site is zoned B-6 Entrance Corridor- District. Filed by James Nelson for Thomson Consumer Electronics, Inc. Mr. Potasnik noted the Combined Land Use and I & C Committee minutes. (which is a part of the official minutes and attached to the Master Copy). Mr. Potasnik moved to approve Docket No. 7-91 DP/ADLS as presented.: Mrs. McMullen seconded. Mrs. Bainbridge and Mr. Blackwell abstained from voting. Unanimously approved.: 5h. Commission to act upon a Resolution that the Thomson " Consumer Electronics Development Plan is in conformance with the Carmel/Clay Comprehensive Plan. Filed by James J.Nelson for Thomson Consumer Electronics, Inc. and Meridian at the Interstate. Mrs. Bainbridge withdrew from this project. Mrs.. McMullen moved to approve the Resolution as presented. Mr. Klar seconded. Unanimously approved. I. NEW BUSINESS 1i. Commission to consider Docket No. 13-91 DP (Amend), a Development Plan Amendment for the Conseco Office Center. Site is located at 11815 North Pennsylvania and is zoned M-3 Manufacturing District. Petitioner F s !, CARMEL PLANNING COMMISSION MINUTES - MARCH 19, 1991 9 seeks approval to amend the previously approved Development Plan For Blocks 10 & 20 of the Carmel Science and Technology Park. Filed by James Nelson for Lincoln Income Life Insurance Company. 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, a conceptual plan, and elevations were displayed. This will be sent to the Industrial & Commercial Committee on April 9, 1991 at 7:30 P.M. The meeting was adjourned at 10:15 P.M. President Secretary