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HomeMy WebLinkAbout05-18-21 C'' Kr\ ,„ CAft,j • 1!1 iii ICI o amie 11 i ' /NDIA0 CARMEL PLAN COMMISSION MAY 18, 2021 I MEETING MINUTES Location: Council Chambers Room, 2"d Floor, Carmel City Hall Members Present: Brad Grabow,Jeff Hill,Nick Kestner,Josh Kirsh,Alan Potasnik, Kevin Rider, Sue Westermeier, Christine Zoccola Members Absent: Carrie Holle Staff Present: Mike Hollibaugh, Adrienne Keeling, Rachel Keesling, Alexia Lopez,Joe Shestak Legal Counsel: Jon Oberlander Time of Meeting: 6:00 PM Declaration of Quorum: President Grabow: 8 members present,we have a Quorum Approval of Meeting Minutes: A Motion made by Kirsh and seconded by Zoccola to approve the April 20,2021 PC meeting minutes. Approved 8-0, absent Holle. Reports,Announcements& Department Concerns: Rachel Keesling 1. Outcome of Projects at Committees: a. Commercial—Cancelled due to no items to review. b. Residential i. Docket No. PZ-2021-00013 DP: Ambleside Point Subdivision Development Plan(DP)—Sent back to PC with Positive Recommendation 3-0, 1 absent. ii. Docket No. PZ-2021-00032 ADLS: Ambleside Point Townhomes—Discussed then continued to June 1. iii. Docket No. PZ-2021-00036 PUD: Bedford Falls PUD Rezone—Sent back to PC with Positive Recommendation 3-0, 1 absent. Public Hearings: Brad: Explained by the Rules of Procedure for a public hearing conducted by the Plan Commission(PC). 1. Docket No. PZ-2021-00048 DP/ADLS: Napleton Auxiliary Lot and Detail Center. The applicant seeks site plan and design approval for a new auxiliary parking lot and detail and service center. The site is located at 4538 E. 96th Street(north of the Napleton Hyundai dealership). It is zoned B-3/Business District. Filed by Jon Dobosiewicz and Rick Lawrence of Nelson& Frankenberger on behalf of EFN Crossroads Property, LLC. Petitioner: Rick Lawrence: • With me tonight virtually are Stefanie Day, Rick Brandstatter, and Fred Grier of Napleton. In-person are Jon Dobosiewicz of Nelson& Frankenberger, and Bill Butz, Project Engineer. • Presented an aerial view and site plan • North of this site is Williamson Run subdivision, and auto dealerships to the east and west • Two building pads are shown on the 9-acre site plan. The northern most pad is the subject detailed service center, and the southern pad is for a potential future building that would be approximately 18,000 sq. ft. • Access to this site will be provided in two locations off of Randall Drive • Sidewalk connection will be provided to the building off of Randall Drive • 50' landscape and wooded buffer will be provided along the north perimeter next to the Williamson Run • Presented Elevations, exterior building materials consist of pre-cast concrete panels, smooth white graphic panels, and white frosted glass blocks. This design will complement the architectural in the area. • The detail and service center building will be approximately 13,315 sq. ft. and 18' in height 1 Plan Commission Meeting Minutes 5-18-21 • Roof-top mechanical equipment will be screened • Presented Landscape Plan, it fully complies with the B-3 zoning district.A 50' wooded landscape buffer will be provided along the northern perimeter. The UDO only requires a 30' buffer. • Presented lighting plan, includes pole and wall fixtures that are in compliance with the UDO • Presented proposed sign details • This proposed ADLS and DP fully comply with the requirements of the UDO. We will continue to work with Staff to address the remaining concerns prior to the June 1st Commercial Committee. Public Comments: Jodi Schwind, 10325 Randall Dr.: My front door and office both face this property. It's a nice 10-acre wooded lot, and we understand this site would eventually be developed. We don't object the proposed use but wanted to state our concerns. We would request a landscape or fence buffer along the north side and Randall Drive,to block the headlights that would shine at our homes during the winter months. The 2nd northern access off of Randall Drive would be tough for large trucks to access due to the sharp turn off of the roundabout.We would ask to have an access just off of the roundabout. The ground level of this site will be built up, and we ask to reduce the lighting at the north end of the property. We request for no outdoor PA speaker systems. We believe this site should have more appealing architecture standards instead of plain concrete panels. We are planning a meeting with the Petitioner to discuss these items. Jess DeGabriele,3751 Hannah Ct.: My home backs up to this site.I second everything that was said by Ms. Schwind and I would like to hear more details on the proposed 2nd building. Rebuttal to Public Comments: Jon Dobosiewicz: • We spoke with Ms. Schwind today and have agreed to have a neighborhood meeting with them to discuss their concerns before we meet for the June Commercial Committee • We are agreeing to a 50' buffer and the Ordinance only requires a 30' buffer • We will present an auto-turn exhibit that identifies the ability of vehicles entering and exiting the site • This isn't a typical use in the B-3 district.The main use will be for the storage/parking of vehicles on site.There won't be any movement of the vehicles during the late-night hours. • We need to keep minimal light on site for security purposes • We can make sure there are no outdoor loudspeakers on site • The exterior design and architecture will mimic the Hyundai dealership and other buildings in this area • The potential 2nd building,shows building pad location, we will have to come back to the PC for ADLS review Department Report: Rachel Keesling: • The buildings are oriented to the southeast part of the site,with the parking surrounding them • New vehicular access point is being proposed off of Randall Drive • Detention for this site is proposed through a dry pond at the NW corner of the site,will tie into the existing pond on the SW corner of the site,as well as a new offsite compensatory storage location at 116th Street and Monon Trail • The Petitioner is still working through detention,water quality, and floodplain mitigation review and approval with the Engineering Dept.and the Hamilton County Surveyor's Office • The site will have 747 parking spaces and meets the requirements • We are working with the Petitioner to enhance the site plan through preserving landscaping along the perimeters, increase landscaping around the buildings, and provide pedestrian connectivity between the two buildings • There are no architectural design standards for the B-3 zoning district,and their proposal is similar to what we have seen in this area • We still need to work out the dumpster location, sidewalk with landscaping,tree preservation along Randall Drive,a new sidewalk along Randall Drive,bike rack parking at both buildings,and Engineering and Hamilton County Surveyor's Office approval for drainage • We recommend this is continued at the June 1 Commercial Committee for further review Committee Comments: Christine: Is there anything you can do to provide greater buffer between this site and Williamson Run?Jon Dobosiewicz: It is a significant buffer for the proposed use. 50' buffer where only 30' is required per the UDO. There's 2 Plan Commission Meeting Minutes 5-18-21 also an additional 10' setback. We will have a 100%TPA for this 50' wooded area. Christine: What will be done at this site? Is there a show room?Will repairs be done? Jon Dobosiewicz: This is simply for storage and detailing.No repairs will be done. Christine: Is there anything that can be done to enhance the architecture design of the building, so it does not look like a warehouse?Jon Dobosiewicz: We can discuss this further with the Committee, but we need some input in what they want. We've done an extensive review of the other buildings in this area and got our ideas from the existing buildings with similar uses as us.Jeff: Are there ways to enhance the architecture and elevations that face 96th Street?Jon Dobosiewicz: We will look into that. Christine: For the detention, will you be creating a new pond? Jon Dobosiewicz: Our detention will be a dry pond. Christine: How is this going to be done and look?The tendencies of a dry pond is to have standing water after a large rain.Jon Dobosiewicz: We will now propose to have this as a wet pond instead of a dry pond. Alan: Can you explain where the drainage and detention will be located(on and off site)and how they will work together?Jon Dobosiewicz: Presents site plan, water will be detained to the new onsite detention pond and transfer to the existing detention pond just north of the Hyundai dealership and it will discharge to an off-site detention at 116' and the Monon. The existing off-site mitigation is north of this area by the Apostolic Faith Church(1212 E 116' St.). Jeff: Is this a legal drain or is there any permit needed from Hamilton County?Bill Butz, Engineer: We are converting the long, linear dry pond,to a wet pond. The site does not drain into a county regulated drain. We have been in communication with the Hamilton County Surveyor's office. Jeff: It looks like the NW dry pond encroaches into the 50' wooded buffer area. I want to make sure there's no conflicts with the TPA. How will these detention ponds be managed? Jon Dobosiewicz: We will address these questions at the Committee meeting. Brad: Will this be open to the public?Any public services done? Or no? Jon Dobosiewicz: Correct, it will not be open to the public. Brad: Functionally, what will be conducted on the south side of the building with the canopy? Jon Dobosiewicz: It's a drop-off area for vehicles to be detailed. We will ask our client to be at the June Committee meeting to further address your question. Brad: For traffic circulation for this site,this drop-off area presents a tight U-turn to exit the site via Randall Drive.Jon Dobosiewicz: We will ask our client to be at the June Committee meeting to address your question. Brad: Can you bring in physical examples or color photos of the colors that will be used on the exterior. How Ihigh are the lighting fixtures?Jon Dobosiewicz: II' in height. Brad: What's the grading difference of this site and the average home site in Williamson Run: Jon Dobosiewicz: It's about a difference of 4'-5'. The LED lights will be facing directly down and will not spill over the north property line. Brad: The Ordinance controls the spill-over of the foot- candle at a property line. Brad: Will the signage only face 96' Street?Can something more attractive be done with the font of the signage instead of large block letters? Something more consistent and complementary to the other buildings in this area would be helpful. The east elevation facing Randall Drive is also important since a lot of people use this street. Josh: I would love to see some naturalized treatment at the bottom of the basin. I appreciate the 50' tree buffer but I would request a naturalized wall of mature arborvitae along the north side and east side of Randall Drive, creating an "L" around this area?Can any percentage of this parking area be pervious instead of impervious? A Motion made by Hill and seconded by Rider to forward PZ-2021-00048 DP/ADLS to the June lst Commercial Committee with the full Plan Commission having final voting authority. Approved 8-0,absent Holle. 2. Docket No.PZ-2021-00062 OA: Gas Station Setback& Standards Amendment The applicant seeks to amend the Unified Development Ordinance in order to amend the standards for Automobile Service Stations and associated definitions. Filed by the Department of Community Services on behalf of the Carmel Plan Commission. Petitioner: Adrienne Keeling, Department of Community Services: • The purpose of this proposed Ordinance Amendment(OA) is to increase the setback distance of new gas pumps and vent pipes from underground storage tanks from residentially zoned or used properties • DOCS was approached by the Carmel Healthy Neighborhood Alliance about establishing a public health safety zone around new gas stations at a minimum of 500' setback from residentially zoned properties, schools, and other locations where people regularly spend extended periods of time • Proposing to amend UDO section 5.65, automobile service stations. Proposing to add automobile filling station 3 Plan Commission Meeting Minutes 5-18-21 • We will amend and streamline several of the definitions in the UDO to help bring consistency across each • The addition of a definition of fossil fuel is intended to encompass several petroleum-based fuels • We are proposing to delete the definition of a convenience store with or without gas pumps. There's no use or zoning district associated with convenience store. We would consider a stand-alone convenience store as retail. • This Ordinance amendment only implies to the B1, B2,B3,B6,B8,and I1 districts because these are the only the zoning districts in the UDO that allow automobile service stations as a permitted use • It will not amend an existing PUD,but these standards could be used for any future PUDs • To date, Staff has received 46 support letters for this OA • Staff recommends that this is continued to the June 1 s"Commercial Committee for further review and discussion Brad: I will summarize the 46 letters we have received to date.All are in support of the proposed 500' safety/buffer zone. Others were concerned of the health risks of the gas vapors. Some reference the State's lack of measures for new gas stations to control the release of vapors. All letters can be viewed in Laserfiche in PZ-2021-00062 OA Public Comments: Alison Brown, 600 W. 106th St.: I'm in favor of this. It is very important we listen to the scientific effects of fossil fuel vapors.It is important we include fossil fuels in the language of the OA. Jackie Phillips, Cannel Healthy Neighborhoods Alliance: I'm in support.Ms. Phillips passed out handouts to PC members. See handout in Laserfiche. Lung cancer,non-Hodgkin's lymphoma,chronic lymphoid leukemia,multiple myeloma, chronic myeloid leukemia, acute myeloid leukemia,and childhood leukemia are all linked to benzene. Benzene is a natural byproduct of gasoline,and it is released at the vents from underground storage tanks, car exhausts,and at gas pumps. I was surprised that Cannel has very limited protections from preventing gas stations from being built near residential areas. Dr.Heather Misra,VOWC resident: In support.As a physician for over 20 years,I've seen firsthand devastation that cancers can cause to individuals and their families.Avoidance is the best medicine. I ask all of you to keep Cannel residents safe by approving this OA. Committee Comments: Kevin: Why can't this OA cover the entire City?Adrienne Keeling: In my opinion, it does cover the entire City. The way the Ordinance is structured,if we were to list all the residential districts in this OA,then that would be contrary in how we list all the other specific uses and guidance. It might give the idea they might be permitted in those districts. Kevin: If someone proposed a PUD,they still could ask to allow a gas station within 500'. I don't want to list specific zoning districts,just make it applicable to the entire City. They would have to ask for a Variance.Adrienne Keeling: We have no other prerequisites or standards that are just City-wide in terms for PUDs.Kevin: This OA is being proposed because of what is happening at the VOWC and the use for a gas station is already permitted in their PUD. So,this OA will have no effect on the VOWC PUD? Adrienne Keeling: Correct. Brad: If we had a city-wide ordinance,prior to granting a building permit,certain standards about the construction of a new gas station have to be met. There are still opportunities and avenues to have the City intervene effectively. Josh: Since we are all in agreement of this OA,can we suspend the Rules of Procedure,vote on it tonight,and send it off to City Council?Christine: I want to make sure the scope is broad enough as possible. I want to make sure we are covering everything that we are intending to encompass.As drafted,the set back is 500 feet from residentially zoned and used property. I think we want to include other types of properties as well such as schools, long term care facilities and day cares. Would there be a way to revise the UDO for a PUD proposal to not waive the 500' setback?Jon Oberlander: I can look further into this.Nick: I want to include schools in this OA. Nick: The gas pump's light flush mounting really doesn't stop the glare. We need recess lighting and not flush mounting. Brad: Does the UDO's use table need to be amended?Adrienne Keeling: The use table is an appendix that follows what is applicable in zoning districts.The use table should remain the same. Brad: The language of this OA lacks a distinction between dispensing and selling.The goal is to address dispensing,which brings in additional uses besides just retail gas stations such as the City's fueling stations for school buses,police dept., or any other departments that needs to fuel its fleet. What about auto dealerships?Do we want this OA to encompass these situations? A filling station that operates in 4 Plan Commission Meeting Minutes 5-18-21 conjunction with a grocery store or superstore, is typically a separate business. Those situations are different from a standalone service station and we want to make sure that none ride on the coattails of a grocery store and state they operate as a grocery store. INick: Fossil fuels may have to be explained more in detail since fossil fuels provide the electricity involved in electric car charging stations. Brad:Nick is referencing line 76 of the proposed ordinance, the definition of a filling station, any place of business with pumps and underground storage tanks,having as its purpose of motor fueling fuels, fossil fuels, and lubricants at retail. A Motion made by Kirsh and seconded by Rider to forward PZ-2021-00062 OA to the June Pt Commercial Committee with them having final voting authority. Approved 8-0,absent Holle. 3. Docket No.PZ-2021-00065 OA: Silvara PUD Amendment,Gallagher Parcel 4. Docket No.PZ-2021-00066 Z: Gallagher Parcel Rezone to Silvara PUD 5. Docket No.PZ-2021-00067 PPA: Jackson's Grant Sec 7 Lots 324 and 325 Amendment The applicant seeks a PUD Ordinance Amendment, Rezone, and Primary Plat Amendment approval to add a 0.5- acre piece of property into the Silvara PUD and combine it with lots 324 and 325 of Section 7 at Jacksons Grant. The site is located directly south of 523 Cornwall Ct. It is zoned S-1/Residential. Filed by Doug Wagner of Republic Development on behalf of the future lot owners. Petitioner: Will Turner, future owner of Lot 325: • I'm also speaking on behalf of the future lot owners for lot 324 • It was apparent the half-acre parcel should logically be part of our future lots in Jackson's Grant • I reached out to the property owner and our interests were aligned • On May 6, 2021,the home builders(McKenzie) acquired the parcel on our behalf • There's a 30' tree preservation area(TPA)we agreed to that will follow along the Gallagher perimeter • We agreed through a private deed restriction for an additional 15' landscape buffer just south of the TPA along the subject half acre Brad: In summarizing the two letters that were submitted for this public hearing. One letter stated that the two other adjacent property owners wanted to be treated equally to the seller as related to the landscape easement and buffer. They also stated concerns of the stormwater runoff from these two lots. The other letter was a support letter from Republic Development. These two letters can be viewed in Laserfiche. Public Comments: Bill McComb, 12727 Devon Ln.: We live in the adjacent subdivision, Springmill Streams. I'm also speaking on behalf of the Broderick's(12703 Devon Ln.)We knew the Gallagher parcel existed and it would give us the additional buffer from the Jackson's Grant development. We are asking to be treated equally and would like to have the 15' landscape easement along the rears of our properties. I spoke to Doug Wagner about the drainage. I wanted to make sure there's no runoff from the newly developed lots in Jackson's Grant and there's adequate drainage swells and lines in place. John McKenzie, Homes By McKenzie: I'm going to be the builder on lot 325. We are working with Stoeppelwerth Engineering to ensure that all the stormwater drains in the storm-system and it will not runoff into any neighboring properties. This is a win-win for all surrounding property owners. The landscaping will be done in the newly acquired parcel. We will have trees and it will be properly landscaped and maintained. Chris Lozano: future owner of lot 324. To clarify,the 15' additional landscape buffer was a private agreement with the Gallagher's. The 30' TPA was a preexisting commitment with the Silvara PUD. I Rebuttal to Public Comments: Will Turner: • We did forward the drainage comments from Stoeppelwerth to Staff and it will meet the City's requirements. The City Engineering Dept. will have the final approval before the final plat is completed. Department Report: Alexia Lopez: 5 Plan Commission Meeting Minutes 5-18-21 • The subject half-acre parcel is zoned residential, but the rezone is needed since it will become zoned, Silvara PUD • The 30' tree preservation easement was a part of the previously approved Silvara PUD, and it will remain in place • A 30' drainage and utility easement towards the rear of each lot will remain in place • An additional 15' landscape buffer will be included and that was a part of an agreement during the transaction of the Gallagher half-acre parcel • Nothing is changing in the PUD text itself. We are just squaring up the parcels. • The Petitioner has addressed all of our comments and we recommend suspending the Rules of Procedure in order to vote on this item at tonight's meeting with a favorable recommendation Committee Comments: Brad: Was the 15' landscape easement a voluntary agreement between the Gallagher's and the two lot purchasers or was it recommended by Staff?Alexia Lopez: The owner and buyers privately agreed to this. Brad: The emails that were circulated this afternoon had conflicting information on the lot lines. Is the 0.21-acre lot(lot pt 35, 0 Cornwall Ct.)part of Gallagher or McComb lot? Rick Lawrence,Attorney, representing the Gallagher's: I was involved in the transaction of the subject half-acre. The Gallagher's sold the half-acre parcel, but still retain their property and the sliver of the parcel in reference. Gallagher will combine the two parcels in the future,refers to aerial view. A Motion made by Rider and seconded by Westermeier to suspend the Rules of Procedure in order to vote on the Gallagher Parcel Rezone, Silvara PUD Amendment,and Jackson's Grant Primary Plat Amendment items at tonight's meeting. Approved 8-0,absent Holle. A Motion made by Rider and seconded Westermeier by to send PZ-2021-00065 OA,and PZ-2021-00066 Z,to the Carmel City Council with a favorable recommendation,and to approve PZ-2021-00067 PPA. Approved 8-0,absent Holle. Old Business 1. Docket No. PZ-2021-00013 DP: Ambleside Point Subdivision Development Plan (DP) The applicant seeks Development Plan approval for 256 lots on 60.4 acres. The site is located at 2135 W 146th Street. It is zoned Ambleside Point PUD/Planned Unit Development(Z-659-20). Filed by Jim Shinaver and Jon Dobosiewicz of Nelson and Frankenberger on behalf of Hoffman Developer, LLC. Petitioner: Jon Dobosiewicz: • With me tonight are Jim Shinaver, Steve Pittman, Tim Walter, and Kyle Eichorn • Since our last meeting,we have made several modifications to the Development Plan(DP) • The sidewalk is now extended to the east and west to site perimeter along 146th frontage road • Added crosswalk on Mauldin and no construction traffic signs • Updated landscape plan to include additional trees on lots next to east perimeter of Saddle Creek lots. Plantings will take place at time of home construction. Off-site plantings in Saddle Creek lots will be made at time of Phase 1 • We added detail for smaller entry monuments,moved entrance sign locations out of ROW and shown on LP • Pond landscaping is required as specified in PUD and will be update in our next ProjectDox submittal • We added notes regarding additional playground equipment • We continue to work the City Engineering Department on the drainage plan, and they stated to Staff their support of the PC's approval of the DP subject to final approval from the Engineering Dept. Department Report: Alexia Lopez: • The DP is in line with the concept plan that was approved during the PUD approval process • We ask any approval of this DP be contingent upon Engineering approval • If there are significant changes to the drainage plan,the DP can come back with an amendment for PC to review • Staff recommends approval upon contingent upon final Engineering approval 6 Plan Commission Meeting Minutes 5-18-21 Residential Committee Recap: Josh Kirsh: • The Petitioners were accommodating to our requests ICommittee Comments: Jeff: I would strongly consider installing elevated crosswalks or speed tables along the long straight-away in this development. Jon Dobosiewicz: We agreed to a raised striped crosswalk. We will continue to consult with Carmel Engineering and if they consider any additional speed tables, we will accommodate those requests. Brad: Are the two speed tables proposed in the SE corner at both ends of the 90-degree curve?Jon Dobosiewicz: One is where the two subdivisions meet, and the other one is at the crosswalk at the T-intersection. A Motion made by Rider and seconded by Westermeier to approve PZ-2021-00013 DP contingent upon final Engineering approvals. Approved 8-0,absent Holle. 2. Docket No.PZ-2021-00036 PUD: Bedford Falls PUD Rezone. The applicant seeks PUD rezone approval for a new subdivision consisting of single-family detached residential. The site is located at 947 W 146'' St. on approximately 16.87 acres. It is currently zoned S-1 and R- 3/Residential. Filed by Steven Hardin of Faegre Drinker Biddle& Reath, on behalf of Less Impact Development. Petitioner: Steve Hardin: • With me tonight are Scott Schutz, Project Developer and Duane Shaffer, Project Engineer • We received a letter of support from the Westchase HOA and they asked to connect their trail to our future trail. We have agreed to this and have included this in our PUD. • We agreed to remove some of the old farm fence from the neighbors who asked us to do so • We updated the PUD text to show that all homes will have front porches • We provided drawings of the community building and provided a concept plan to show the parking • We agreed to increase our perimeter trail to be 8' wide and suggested to have it for walking only • We ask for your favorable recommendation to Carmel City Council Department Report: Alexia Lopez: • The Petitioner has presented the changes since the public hearing • They have addressed all of our outstanding comments and we recommend the PC forwarded this to the CC with a favorable recommendation Residential Committee Recap: Josh Kirsh • We talked about the water amenity and walking path. What do you plan on doing around the pond amenity?Scott Schutz: We are looking to have our water serve as a more as a meeting place and fishing for neighbors. We are looking of including a bridge based on the bridge from the movie,It's a Wonderful Life. • Was there any consideration for a sandy area along the pond? Scott Schutz: No sandy areas, but a more natural look and we will use native plants along the banks. Committee Comments: Sue: What does the term ADA like stand for in the PUD text? Scott Schutz: We don't intend to make the home ADA compliant, but ADA friendly. We will have a non-threshold entry and grab bars along the walls if needed. We didn't want to be governing by the ADA terms. People can get around in wheelchairs if necessary. A Motion made by Rider and seconded by Hill to forward PZ-2021-00036 PUD to the City Council with a favorable recommendation. Approved 8-0,absent Holle. Meeting Adjourned at 7:52 p.m. (54) Joe Shestak Plan Commission Secretary rad Grabo President 7 Plan Commission Meeting Minutes 5-18-21