HomeMy WebLinkAboutMinutes PC 11-16-21 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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Plan Commission Meeting Minutes 11-16-21
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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Plan Commission Meeting Minutes 11-16-21