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DIA� CARMEL PLAN COMMISSION
NOVEMBER 16, 2021 1 MEETING MINUTES
Location: Council Chambers Room,2nd Floor,Cannel City Hall
Members Present: Jeff Hill,Nick Kestner,Joshua Kirsh,Alan Potasnik(Vice President,acting Chair), Kevin Rider, Sue
Westermeier,Christine Zoccola
Members Absent: Carrie Holle,Brad Grabow(President)
Staff Present: Mike Hollibaugh,Alexia Lopez,Rachel Keesling,Joe Shestak
Legal Counsel: Sergey Grechukhin,Jon Oberlander
Time of Meeting: 6:00 PM
Declaration of Quorum:Vice President Potasnik: 7 members present,we have a Quorum
Approval of Meeting Minutes:
A Motion made by Kirsh and seconded by Rider to approve the Oct. 19,2021 PC meeting minutes.Approved 7-0,absent
Grabow,Holle.
Communications,Bills,Expenditures,&Legal Counsel Report
1. Council Resolution CC-11-01-21-01: Sergey Grechukhin: This CC Resolution directs the Plan Commission to
prepare and hold a public hearing regarding an amendment to the Village of West Clay PUD ordinance.
2. Plan Commission Resolution PC-11-16-21-a: Bruce Donaldson, Barnes&Thornburg LLP: CRC Resolution
2021-21 proposes to amend the Declaratory Resolution and Development Plan for the Old Town Economic
Development Area to 1)remove an area from the Smoky Row and Monon Allocation Area,2)designate this area
as a separate allocation area to be known as the"Smoky Row and Monon Phase II Allocation Area,"3)remove a
parcel from the Smoky Row and Monon Allocation Area,and 4)adopt a supplement to the Plan.
A Motion made by Rider and seconded by Kirsh to adopt PC Resolution PC-11-16-21-a. Approved 7-0,absent Grabow,
Rolle.
Reports,Announcements&Department Concerns: Rachel Keesling,Dept.of Community Services:
• Suspension of Rules needed regarding public notice in the paper for agenda items Guidepost Montessori and
Artistic Composite Pallets since 14 days' notice was only provided instead of full 21 days due to Staffs error.
A Motion by Kirsh and seconded by Rider to suspend the Rules of Procedure. Approved 7-0,absent Grabow,Holle.
• Outcome of Projects at Committees: Rachel Keesling:
a. Commercial: Cancelled due to no items to review
b. Residential: Cancelled due to no items to review
c. Comp Plan Review Committee: Discussed then continued to Nov.29th Committee Meeting
Rachel Keesling: The Dec. 7th Commercial Committee will start at 5:30pm, since the Comp Plan Review Committee will
be meeting at 6pm.
Public Hearings:
1. TABLED TO DEC. 21 -Docket No.PZ-2021-00160 CA: W.Main St.Block C2,Commitment Amend.
2. Docket No.PZ-2021-00164 DP/ADLS: Guidepost Montessori.
The applicant seeks site plan and design for a new daycare facility. The site is located at 10216 North Michigan
Road within West Cannel Commons Subdivision,Lot 3. It is zoned B-2/Business and located within the US 421
Overlay Zone(original development 11120029 DP/PP). Filed by Chris Homey of Murphy Real Estate Services.
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Petitioner: Chris Homey:
• Murphy Real Estate services is a National Real Estate Commercial Developer
• There are 90 Guidepost Montessori's located around the country
• The existing Montessori facility in Fishers is very similar to the one we are proposing here in Cannel
• 10,700 sq. ft.,9 classroom facility on a 1.6 acre behind the Outback and First Merchant's Bank on Michigan Road
• Presented an aerial view and site plan
• Access will be from Retail Pkwy,through the rear parking lot of Merchant's Bank. We do not have direct access
to our site. We have talked to both owners of the Outback and Merchant's Bank about using the rear of their
parking lot/property.
• Operating hours are lam to 6pm. Class starts at 9:15am. The school day ends at 3:30pm,and pickup is available
till 6pm. We won't see a large pickup and drop-off rush like traditional schools, since the times are flexible.
• 41 parking spaces will be available on site
• Presented colored elevations, materials will consist primary of masonry and hardboard offsets
• The owners are signing a 20-year building lease
Public Comments: None
Department Report:Rachel Keesling:
• This new daycare facility will take the last available parcel of the West Cannel Commons subdivision
• Access will be through the existing curb cut from the Merchant's Bank site. Staff will need to discuss with the
Petitioner about making any access changes to the existing stub streets.
• RCI owns the land to the west and adjacent to this parcel,so the Petitioner cannot continue the access road
• The Petitioner will connect to the existing asphalt path along the access road and provide 6 bike parking spaces
• The building design is reflective of the Georgian Style,with decorative columns,window design,and cornice
ascents. It will be constructed of brick and stone,with decorative lighting on the building.
• All lighting requirements meet the UDO's requirements and limits
• There's space for a sign on the existing ground sign off of Michigan Road
• Staff needs the lot coverage percentage calculated,and a variance is needed for the building height. The min.
height allowed is 20',and they are proposing 16'.
• Staff recommends this is forwarded to the Dec. 7 Commercial Committee for further review and final voting
authority
Committee Comments:
Nick: Will the parents be required to go inside to pick up their kids or will they drop-off and pick up at the entrance?
Chris Homey: Yes,the parents will be required to go inside to drop off and pick up their kids. They will have to park and
walk inside to check in and get their kids.
Nick: What are the actual widths of the paths?Can you show them on the site plan? Chris Horney: Yes, we can show
the 10-ft wide path labeled on the site plans.
Jeff: Are we impacting any of the required landscaping along the Outback property?Chris Homey: We can make certain
we bring them back to compliance if any landscaping area is lost.
Josh: Can Staff see if the asphalt path can be installed on RCI's property instead of taking down any existing trees?Can
this access road extend any farther west?Rachel Keesling: It's in the City's Thoroughfare Plan to have this road(Retail
Pkwy)extend west to Mayflower Park Drive but RCI owns the property.
Alan: Do each of the classrooms in the rear have access to outside?Chris Homey: Yes,each classroom has an access
door to the outside. There will be a fence that will enclose their outside area.Alan: Can you bring an exhibit of how the
fence will look like?I have concerns that the kids can run outside the access door and get through the fence.Chris
Homey: We will bring in pictures of the actual fence.The Indiana Health Department regulates what type,height, and
spacing of the fence we can have installed.
Christine: How will the parking lot entrance look so that parents will need to know where to go,since they are driving
through another parking lot. I want to make sure it's wide enough. Chris Homey:Shows the aerial view of the site and
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parking lot. It will be a traditional two-lane,25' wide entrance.
Jeff: If the access road does get extended in the future,will there be enough room to do so?Chris Homey: We don't
Iknow what the future holds with RCI's property. We prefer to have a direct connection to the access street.
A Motion made by Hill and seconded by Kirsh to forward PZ-2021-00164 DP/ADLS to the Dec.7 Commercial
Committee with them having final voting authority. Approved 7-0,absent Grabow,Holle.
Kevin: I would make a motion to reorder the agenda to hear the VOWC Ordinance Amendment next,instead of last,since all
the people in attendance at tonight's meeting are here for this item. Seconded by Hill. Approved 7-0,absent Grabow,Holle.
3. Docket No.PZ-2021-00191 OA:Village of WestClay Ordinance Amendment.
The applicant seeks to amend Z-330-98,the Village of WestClay(VOWC)Planned Unit Development(PUD)
District,as amended to remove the sale of gasoline and other petroleum products as a principal permitted use
within the district.Filed by the Department of Community Services on behalf of the Cannel Plan Commission per
Council Resolution CC-11-01-21-01.
Kevin: The City Council would like to take the 20-year-old VOWC PUD and apply the new Unified Development
Ordinance(UDO)standards to the VOWC PUD.The petitioner for the proposed VOWC gas station is vested in their
development.Anything we vote on here will not affect a future gas station. The City Council are asking the Plan
Commission not to pursue excluding a use out of their PUD,but to apply the current UDO.
Petitioner: Jon Oberlander,City of Carmel,Corporation Counsel:
• The alternative version of this Amendment applies the 500' setbacks for gas station fuel pumps and would apply
to the VOWC PUD.
• Since we are using an alternative version,then what was submitted in the packet,I will read it into record:
Section 15.15 of the WestClay PUD, as amended, is hereby amended to read as follows: 15.15 Where gasoline
II sales are permitted,pumps and light standards may be located in any yard,provided that the pumps,pump
islands and vent pipes for underground storage tanks meet the five hundred(500)foot setback from residentially
used property as required by the use-specific standards for automobile service stations in Ordinance Z-669-21.
Sergey Grechukhin,Plan Commission Legal Counsel: Just to be clear,the request is to apply a portion of the UDO as it
relates to the setback and not the entire UDO to the PUD. Jon Oberlander: Yes,that is correct. It wouldn't be the entire
UDO,just the setback requirements for a gas station.
Alan: How many people wish to speak during the public hearing? 7 people raised their hands. We will allow 3 minutes
for each speaker,where 20 minutes total is allowed for a public hearing in front of the Plan Commission.
Public Comments:
Sebastian Zavoian,VOWC resident: In support. I'm concern of the health and safety implications of the gas station near
to a neighborhood.Children should not be allowed to play around a gas station.
Lisa Fletcher,VOWC resident: In support. I would like to speak on behalf of Dr. Heather Misra. The City recognized the
health risks imposed by gas stations,and recently passed a 500' setback of gas pumps from residential properties. An
ounce of prevention is worth a pound of cure. Please protect Cannel residents.
Kevin Fletcher,VOWC resident: We ask for your support of this PUD amendment. We have spoken to the most
vulnerable residents who couldn't attend this evening.The gas station was part of the original PUD plans. This PUD is
over 20 years old,and there's more studies out now about the harmful effects of gasoline sales.This proposed gas station
is less than 60 ft from The Stratford, 700 ft from the Primrose School,and 300 ft from residential homes.
Ilene Smith,VOWC resident: We are asking you to amend the PUD to reflect the recent ordinance amendment passed by
the CC. A gas station was listed in the original plans 20 years ago.Research now tells of the dangers of gasoline fumes.
Eric Mora,VOWC resident: In support. Local traffic patterns would change,and traffic would increase with this gas
station and location. WestClay elementary is nearby,and the majority of the kids walk and bike to this school due to the
shortage of bus drivers.The last thing that anybody wants is a child getting hit by a car.
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Jackie Phillips,VOWC resident: In support. The majority of the VOWC residents voted against the proposed gas station.
This gas station will be adjacent to residential areas,and these residents will be exposed to the risks of cancer.
Emerson Mora,VOWC resident: In support. I ride my bike past the proposed site of the gas station every morning on my
way to school. I don't want to smell the gas fumes.
Department Report: Rachel Keesling:
• Staff is in support of this Ordinance Amendment and recommends positive recommendation to City Council
Committee Comments:
Kevin:No matter what we do tonight, if we send this to the CC with a positive recommendation,and the CC approves it,
it will not stop the proposed gas station. Unless the proposed gas station petition would go away,and then filed again,the
500-ft setback standard would then apply.
A Motion made by Rider and seconded by Kirsh to suspend the Rules of Procedure in order to vote on PZ-2021-
00191 OA.Approved 7-0,absent Grabow,Holle.
A Motion made by Rider and seconded by Kirsh to send PZ-2021-00191 OA with a positive recommendation to the
City Council.Approved 7-0,absent Grabow,Holle.
4. Docket No.PZ-2021-00169 PP: Bedford Falls of Carmel Subdivision.
The applicant seeks primary plat approval for 34 lots on 16.87 acres. The site is located at 947 W 146th St. and is
zoned Bedford Falls PUD(Ordinance Z-667-21). Filed by Scott Schutz of Less Impact Development.
Petitioner: Duane Sharrer,Weihe Engineers, Inc.
• Scott Schutz with Less Impact Development wants to develop a close-knit community
• Extensive perimeter landscaping will be place along 146th Street
• Walking paths will be around the perimeter of this site and connect to the WestChase subdivision and the existing
path along 146th Street
• The PP has been prepared to be in compliance with the UDO and PUD,Ordinance Z-667-21
Public Comments: None
Department Report: Alexia Lopez:
• This PP is in line with the concept plan that was submitted with the PUD.
• Staff has two outstanding comments: We are asking to plant additional trees to the southern property
line/common area. Does the walking path connecting to WestChase Subdivision go all the way to the shared
property line?
• Can the Petitioner update us with any updates from the Hamilton Co. Highway Department review?
• Staff recommends this is continued to the Dec. 7 Residential Committee with them having final voting authority.
Reply to the Department Report: Duane Shaffer:
• We are willing to put up any trees if there's space to do it. We are discouraged to put any trees within 10' of the
walking path.
• I did not receive any comments from the Hamilton Co.Highway Dept. I contacted them to find out what's going
on.They are waiting on results from the traffic impact study.They told us 3 weeks. Our traffic engineer from
A&F engineering,did show with only 34 lots,traffic will not have any negative impact on this area.
• The WestChase path does stop short of our shared property line,but we will have our path connect to their path
Committee Comments:
Kevin: I would like Staff to ask Hamilton Co.Highway Dept.to expedite their process of the traffic impact study.Duane
Shaffer: I was told that the traffic impact study is required because our entrance is off of 146th Street and any connection
to 146th Street(county street)requires a traffic study.Alexia Lopez: I can ask them. I want to make sure the results of the
report won't change the design and layout of the 146th Street entrance at Bedford Falls.Josh Kirsh: I think Jeremy
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Kashman,(Cannel Engineering)can let you know if he sees any problems with this.
Jeff: Will there be any problems with the proposed ROW and the connection of the sidewalk at the entrance/shared
Iproperty line on Bird Song Lane in Ponds West subdivision?Can we address the last property on Bird Song Lane with the
basketball court in the ROW?Scott Schutz,Less Impact Development: I've met the owner at this location.The area the
basketball court is at is designated space for a fire truck turnaround. The street will connect,and this will not be a
turnaround anymore. Christine: I spoke to some of the homeowners in Ponds West and they are excited for this street
connection since the school buses and trash pickup trucks had to use this dead-end street as a turnaround.
Christine: Will there be anything else to discuss at the Residential Committee meeting?They already agreed to connect
the path and to add more trees where applicable. Can we vote on this item tonight?Sue: I agree with Christine to suspend
the Rules of Procedure to be able to vote on this item at tonight's meeting.
A Motion made by Zoccola and seconded by Westermeier to suspend the Rules of Procedure in order to vote on PZ-
2021-00169 PP at tonight's meeting.Approved 7-0,absent Grabow,Holle.
A Motion made by Rider and seconded by Kirsh to approve PZ-2021-00169 PP. Approved 7-0,absent Grabow,Holle.
5. Docket No.PZ-2021-00176 DP Amend: Artistic Composite Pallets—Parking Expansion.
The applicant seeks site plan and design approval for a parking lot expansion. The site is located at 4518 W.99th
Street within Mayflower Park Subdivision Block 3 Lot 4B. It is zoned I-1/Industrial and is not located in any
overlay zone. Filed by Garrett Clark of Artistic Composite Pallets LLC.
Petitioner: Rick Lawrence:
• With me tonight are Nathan Horgan with Structurepoint Engineer and Bill Bastian with Artistic Composite Pallets
• Presented a site location map
• This site is zoned industrial,and the surrounding properties have similar zoning
• The parking expansion request is for 30 additional parking spaces for customers,employees,and to provide
another connection for better flow of the site
• 3 silos will be located on site,shows on site plan, which received BZA approval
Public Comments: None
Department Report: Rachel Keesling:
• 30 new parking spaces will be provided bringing the total to 89 spaces
• Other aspects of the site need to be reviewed and brought to compliance such as the 10' asphalt path along the
frontage and the sidewalk from the road to front door
• The Petitioner will either contribute funds into the Thoroughfare fund or seek a Variance to wait to construct a
path until the adjacent site is developed
• Staff recommends this is continued to Dec. 7t Commercial Committee for further review and allowing the
Committee with final voting authority
Committee Comments:
Kevin: I would like to suspend the rules in order to vote on this item if Staff agrees there's not much to discuss at the
Committee meeting.Rachel Keesling: I believe it can all be resolved without a Committee meeting.
A Motion made by Rider and seconded by Kirsh to suspend the Rules of Procedure in order to vote on PZ-2021-
00176 DP Amend. Approved 7-0,absent Grabow,Holle.
IA Motion made by Rider and seconded by Hill to approved PZ-2021-00176 DP Amend with the following
conditions: All outstanding ProjectDox comments are answered with Staffs approval,and that the two options for
the future path are met and approved by Staff. Approved 7-0,absent Grabow,Holle.
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6. Docket No.PZ-2021-00178 Z: Woodland Golf Club Lots 23 and 24 Rezone.
The applicant seeks to rezone 2 lots in the Woodland Golf Club Subdivision from R-1/Residence to P-1/Parks and
Recreation. The site is located at 37 Woodland Drive. Filed by Dave Coots of Coots, Henke, and Wheeler on
behalf of the owner, Woodland Country Club, Inc.
Petitioner: Dave Coots:
• With me tonight is Jim McKenzie,the Vice President of Woodland Country Club,Inc.
• Presented a site location map
• Asking to rezone two lots from R-1 to P-1. P-1 permitted uses include open space and recreational.
• The Club has owned lots 23 and 24 for over 20 years and have used them for temporary functions,parking golf
carts,and parking cars. The Club has decided to rezone these two lots.
• We believe the P-1 zoning is appropriate adjacent next to the current P-1 zoning of the existing club house and
golf course
• We received two remonstrance letters from the adjacent property owners to the west. The Club does not know
what is going to be done with these lots. Any plans to add a curb cut or parking layout will have to be presented in
front of the Technical Advisory Committee(TAC).
• We ask the Plan Commission to send this rezone request to City Council with a positive recommendation
Public Comments: None
Department Report: Alexia Lopez:
• A golf course,clubhouse,and parking lot are permitted in P-1,and not permitted in R-1
• No development plans have been submitted.Any future improvements of these lots will need review by the TAC.
• Staff does not believe the rezone will not have any negative impact to the adjacent property owners
• Staff recommends suspending the Rules of Procedure and send this with a positive recommendation to CC
Committee Comments:
Christine: What would be the maximum parking lot space allowed for P-1.?Alexia Lopez: 35%lot coverage is allowed
for one parcel, but they combined the two lots to any of the adjoining golf course parcels.
Sue: Can we have the Petitioner commit to add landscape along the property border next to the neighbors?Dave Coots:
Yes,we can commit to that.
Jeff: Besides parking,what else can be built here?I wouldn't want to support this rezone request if I don't know what's
being built here, like a 6-story building. Alexia Lopez: The P-1 permitted uses and development standards are listed in
the UDO. The Club would want to build something that is compatible to what the subdivision residents want. Kevin: Can
we ask the Petitioner if they would commit to not building a structure that is higher than 1-story? Dave Coots: Yes,we
can commit to that.
A Motion made by Rider and seconded by Kirsh to suspend the Rules of Procedure in order to vote on PZ-2021-
00178 Z.Approved 7-0,absent Grabow,Holle.
A Motion made by Rider and seconded by Kirsh to send PZ-2021-00178 Z to the City Council with a positive
recommendation with the Commitments listed to not allowed building any structure higher than 1-story and
providing a landscape buffer.Approved 6-1,Hill,absent Grabow,Holle.
7. Docket No.PZ-2021-00187 Z: 2140 E. 116th Street Rezone.
The applicant seeks to rezone 2140 E. 116th Street(the former Marsh store), located in Merchants' Square,from
B-8/Business to C-2/Mixed Use. The site is located at 2140 E. 116th Street and is 5.07 acres. Filed by the
Department of Community Services on behalf of the Cannel Plan Commission.
Petitioner: Mike Hollibaugh,Dept.of Community Services:
• This involves the former Marsh supermarket to a C-2 mixed use zoning
• This C-2 rezone will help jumpstart the redevelopment of Merchants' Square
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• Future site plans have not been submitted, but any future plans would include the redevelopment of Merchant
Square, with new infrastructure and parking structures
• I ask that you suspend the Rules of Procedure and forward this onto the City Council with a positive
recommendation
Public Comments: None
Department Report: Rachel Keesling:
• Staff recommends the PC forwards this to the CC with a favorable recommendation
Committee Comments:
Nick: According to the map provided info packet, it looks like a portion of the Flix Brewhouse building included in in this
C-2 rezone. This would create two zoning districts for one property. Mike Hollibaugh: The C-2 zoning will only be
applied to the former Marsh building.
A Motion made by Hill and seconded by Kirsh to suspend the Rules of Procedure in order to vote on PZ-2021-
00187 Z.Approved 7-0,absent Grabow,Holle.
A Motion made by Rider and seconded by Kirsh to send PZ-2021-00187 Z with a favorable recommendation to the
City Council.Approved 7-0,absent Grabow,Holle.
Old Business
8. TABLED TO DEC.21 -Docket No. PZ-2021-00134 Z: GOAT Rezone.
The applicant seeks B2/Business rezone approval. The site is located at 220 2nd St SW in Frank Hawkins
Addition Lot 1. It is currently zoned R2/Residence and Old Town Overlay, Character Subarea. Filed by Dave
Coots of Coots, Henke& Wheeler, on behalf of Tomahawk Holding LLC, owner.
Meeting Adjourned at 7:38 p.m.
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f Shestak Plan Commission Secretary Ala Pota ik Vice President
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Plan Commission Meeting Minutes 11-16-21