HomeMy WebLinkAboutMinutes PC 05-18-21 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:
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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
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• 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
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Plan Commission Meeting Minutes 5-18-21