HomeMy WebLinkAboutMinutes PC 12-20-94 CARMEL;'CLAY PLAN COMMISSION CARMEUCLAY
DECEMBER 20, 1994 PLAN COMMISSION!BZA
UNOFFICIAL MINUTES
The meeting was called to order at approximately 7:00 PM by the President with the Pledge of
Allegiance in Council Chambers, One Civic Square, Carmel, Indiana.
Members present were as follows: David Cremeans; Sue Dillon; Jay Dorman; Ron Houck; Jeff
Kennelly; Dick Klar; Max Moore; Barbara Myers; James T. O'Neal; Jeanne Reid; Luci Snyder;
Paul Spranger; and Sharon Clark.
A quorum was declared.
Members of the Department of Community Development Management Team present were:
David Cunningham; Mike Hollibaugh; Terry Jones; and Mark Monroe. Also present was Gordon
Byers, City Attorney.
Dick Klar moved for approval of the November minutes, seconded by Dave Cremeans, MOTION
APPROVED.
H. PUBLIC HEARINGS
lh. Commission to consider Docket No. 82-93 O.A., a Zoning Ordinance Amendment replacing
the current Sign Ordinance.
Jeff Kennelly, Chairman of the Special Study Committee, reported that the proposed Sign
Ordinance had been under review by his Committee for the past year. It was the consensus of
the Committee that the Sign Ordinance currently in place is workable. The Committee will
review the current Ordinance with a view toward amending sections deemed to be too restrictive.
The Special Study Committee therefore recommends that the proposed Zoning Ordinance
Amendment replacing the current Sign Ordinance be referred back to the full Plan Commission
for a vote, with a negative recommendation from the Special Study Committee.
Members of the public who had questions or comments were invited to speak; none appeared and
the Public Hearing was closed.
Barbara Myers moved for suspension of the rules in order to vote on the proposed Sign
Ordinance; seconded by Dick Klar. MOTION PASSED.
Barbara Myers moved for acceptance of the Special Study Committee's recommendation,
seconded by Max Moore. The MOTION PASSED 12-0.
2h. Commission to consider Docket No. 87-94 P.P., a Primary Plat application for proposed
subdivision to be named Sycamore Farm. The petitioner is seeking approval to plat the 47.4
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acres of land into 65 single family lots. The site is located on the south side of 116th Street and
east of Gray Road. Site is zoned S-1 Residential. Petitioner has filed for a subdivision variance
of Section 6.3.22 to reduce the required accel lane for the subdivision entrance. The Public
Hearing for the Subdivision Regulation Variance will need to be held prior to any action on the
Plat. Petitioner is seeking Suspension of Rules for Approval in December.
Filed by Mark Boyce for C.P. Morgan Development.
Mark Boyce of C. P. Morgan Development, East Carmel Drive, appeared before the Commission
representing the petitioner as well as Ralph Morgan, Scott Twitty, and Christy Starr. Paul Claire
of Schneider and Jim Klausmeier of Pflum, Klausmeier & Gehrum were also in attendance.
Mark Boyce gave an overview of the proposed project which was presented at Technical
Advisory Committee three times; all concerns have been addressed. This item has also been
heard at Subdivision Committee and received a favorable recommendation. One item outstanding
was the request by the Committee that the petitioner have a commitment letter to grant right-of-
way on the west side of Gray Road to provide for a full passing blister. This commitment letter
is entered into the record and attached to the minutes as a part hereof.
The petitioner agreed that if the ground became available at a future date, the accel lane would
be increased in length.
Paul Spranger moved for suspension of the rules, seconded by Barbara Myers. The vote was 11
in favor, Ron Houck opposed, MOTION PASSED.
Paul Spranger moved to approve the subdivision variance of Section 6.3.22, seconded by Max
Moore. The vote was 11 in favor, Ron Houck opposed, MOTION PASSED.
Paul Spranger moved to approve Docket No. 87-94 PP, Primary Plat for Sycamore Farm,
seconded by Max Moore. The vote was twelve in favor, none opposed, MOTION PASSED.
3h. Commission to consider Docket No. 94-94 Z, a Rezone application for Morgan, Pope &
Hannah. The petitioners are seeking a rezone from S-1 Residential to R-5 Residential on 48.83
acre tract located north of 96th Street on the west side of Gray Road.
Filed by James J. Nelson for Morgan, Pope & Hannah.
Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Commission representing C & J
Company, a family business of the Ralph Morgan family, as well as Paul E. Hannah and
Margaret Hannah. The Morgans and Hannahs are the owners of the 48.83 acre tract that is
requested to be rezoned from S-1 classification to R-5 Residence classification. The subject site
is in the southeast corner of Clay Township.
An aerial photograph was displayed of the subject site identifying perimeter boundaries and
nearest and adjacent land uses. The 48.83 acres consists of two parcels of land; 43 acres owned
by the Morgans; the southern parcel of 5 acres is owned by the Hannahs. The entire 48 plus
acres is being requested to be rezoned. The current zoning is S-1 Residence; the zoning being
sought is R-5 Residence.
It is anticipated that mining by American Aggregates will be completed in approximately two
years and a 14 acre lake will remain. There are a series of lakes north of'the north property line
of the subject site which continue up to 116th Street. The lakes were created by the mining
activity of American Aggregates. To the south is a parcel of land owned by Dan Young, zoned
B-3. There are also lakes which lie between the west property line of the subject site and
Section II of Williamson Run.
There are plans for widening 96th Street to the east; said plans include a bridge over White
River. There are also plans for extending Hazeldel Road north and south through Clay
Township. The plans for Hazeldel are not complete at this time, but it is the belief that as
Hazeldel would near 96th Street, it is likely it would follow the alignment of Gray Road. This
belief is supported by the Comprehensive Plan.
The R-5 classification would permit 15% or approximately 7 acres of the total acreage to be
developed commercial; the residential portion could be single family, two family, or multi-family.
R-5 zoning would provide the flexibility the petitioner believes essential to design a
predominately residential community adjacent to commercial on the south, surrounded by mining
operations on the west, north, and east, as well as allowing the flexibility to develop around and
preserve a substantial part of the wooded area that abuts the south property line.
The petitioner is agreeable to annexation and consider it a benefit to be within the City of
Carmel. If annexed, the petitioner is willing to dedicate to the appropriate governmental entity,
a 60 foot one-half right-of-way adjacent to the site, which would ultimately provide for a 120
foot right-of-way adjacent to the east property line, thus providing an opportunity for the Hazeldel
Road extension.
Members of the public were invited to speak in favor or opposition to the proposed rezone. The
following appeared:
Dr. Chris Prevel, 11273 Regency Lane, Carmel, resident of Kingswood Subdivision, had
questions regarding current mining activities, the proposed zoning, density, and the impact of the
density on current property owners. Dr. Prevel expressed concern regarding mining operations
currently underway. Dr. Prevel was concerned that the R-5 zoning would be comparable to the
old Cluster Ordinance. Dr. Prevel was not necessarily opposed to the rezoning, but did request
clarification on questions asked.
The public hearing was then closed on this Docket.
Jim Nelson responded that the gross density per acre permitted under R-5 is 15 units per acre for
residential development. Mr. Nelson stated that this density, if achieved, would not be likely to
have an impact on the 14 acre lake which protects the area to the west and the area to be
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developed, on the area to the south, and on the lakes that exist to the north and northeast. The
existing mining operations are predominately located east of Gray Road; however some mining
does exist on the subject site and on property to the north. Flexibility is a key element of R-5;
any plan for the use of this land is subject to a Development Plan presented to the Plan
Commission.
There were questions from Commission members and concerns regarding the density and the
commercial development.
Jim Nelson stated that the petitioner was willing to commit to no more than 5 acres being
developed for commercial purposes, a little over 15% including the right-of-way, and a maximum
of 500 residential units on the acreage.
Questions were also asked regarding traffic and roadway improvements; if the projected
improvements were not made.
Jim Nelson responded that under the guidelines for traffic impact/operations analysis, the traffic
engineers are required to consider the completion of the roadway improvements which are
planned and show on the Comprehensive Plan.
Jim Klausmeier of Pflum, Klausmeier & Gehrum appeared on behalf of the petitioner in response
to traffic questions. If the proposed roadway improvements are not made, the level of service
will continue to deteriorate at the interchanges of Keystone and 1465, Allisonville and I-465; and
116th Street. It is imperative that the roadway improvements be made, and at the regional level,
the 96th Street bridge and improvements are assumed to be committed facilities. If the 96th
Street bridge and roadway improvements are not made, much of the development assumed along
96th Street will not happen.
Gordon Byers commented that the City is very aggressively pursuing the Hazeldel extension as
well as the 96th Street bridge.
Jeff Kennelly moved for suspension of the rules in order to vote on this Docket, seconded by
Dick Klar. The vote was 5 in favor, David Cremeans; Sue Dillon; Jay Dorman; Ron Houck;
Max Moore; Jeanne Reid; and Paul Spranger opposed. MOTION DENIED.
Docket No. 94-94 Z was referred to the Special Study Committee which will meet January 3,
1995 at 7:00 PM in the Caucus Rooms.
I. OLD BUSINESS
lh. Commission to consider Docket No. 74-94 DP/ADLS, a Development Plan and Architectural
Design, Lighting and Signage application for Shurgard Storage Centers, Inc.
Tabled at the Special Study Committee.
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J. NEW BUSINESS
lj. Commission to consider Docket No. 82-94 ADLS for Lexington Leasing and Leer Accessory
Center. The petitioner is seeking approval of a sign package to be located at 10560 North
Michigan Road.
Filed by Larry Meece for Leer Accessory Center.
There was discussion among Commission members as to the procedure to follow, and whether
or not this Docket should be tabled.
Paul Spranger MOVED TO TABLE Docket No. 82-94 ADLS, seconded by Barbara Myers. The
vote was 11 in favor, Ron Houck opposed. MOTION APPROVED.
2j. Commission to consider Docket No. 92-94 ADLS for Tom Wood Ford. The petitioner is
seeking approval of a Parking Lot Expansion to be located within the US 431 Overlay Zone
(petitioner has appeared before the Carmel;Clay BZA and has been granted a variance conditional
on Plan Commission approval of the improvements). Site is located at the northwest corner of
96th Street and State Road 431 (Keystone Avenue).
Filed by Tom Wood Ford.
Larry Lawhead of Johnson, Hahn and Lawhead, Indianapolis, appeared before the Commission
on behalf of the petitioner. The property consists of 9.5 acres located in the northwest corner of
96th Street and Keystone Avenue; the property is presently zoned B-3 and has been used as a
Ford Auto Dealership since 1969.
The subject site is in a commercial area of automobile dealerships, gas stations, and fast food
restaurants. S-2 zoning exists to the west and north of the property with a pine tree buffer
between. A church exists immediately to the north, and a residential area exists to the west.
To date, two variances have been obtained from the Board of Zoning Appeals; the first dealt with
an expansion to the west of a building to be used for the Lexus franchise for the Central Indiana
Region. The second variance was for a expansion of the present Ford dealership to the north.
The variance also provided for the paving of an existing gravel parking area. The variance also
approved a 30 foot landscaping setback.
The 4 foot fence on the property will not be removed pursuant to the State Highway Commission
until the plantings have grown to a sufficient height (24 inches) to be an adequate safety
screen/buffer. The petitioner is proposing to add a landscaping area the entire length of Keystone
Avenue. The petitioner opted to add landscaping at the ends of parking rows rather than
throughout the expansion area and cited "safety" as an issue.
The present lighting meets the ordinance in all respects; however, with the upgrading of paving
on the existing site, the lighting will also be upgraded. The proposed lighting will also meet the
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ordinance.
Dave Cunningham of the Department commented that the package did not include signage. Mr.
Cunningham asked for clarification of the lighting: the plans state the cut-off lighting will be
replaced within three years; a letter received from Mr. Lawhead state that the lighting will be
replaced beginning in three years. Mr. Lawhead stated that the petitioner would have the lighting
replaced (completed) within three years.
Paul Spranger moved to suspend the rules in order to vote on this Docket, seconded by Sue
Dillon. The vote was 11 in favor, Dick Klar opposed.
Ron Houck moved for approval of Docket No. 92-94 ADLS, seconded by Paul Spranger. The
vote was 12 in favor, none opposed. MOTION APPROVED.
Jay Dorman asked that Luci Snyder be prepared to give the Commission an update on the
Mayor's tree committee at the January meeting.
Jeff Kennelly moved to send a letter to Eaton-Lauth, developer, and Wolfson Young, contractor
for the Tri-County Center, at 136th and Meridian, requesting the removal of a semi-trailer which
is being used as a sign facing the highway, copy to be sent to attorney Jim Nelson; seconded by
Luci Snyder. The vote was 11 in favor, Max Moore opposed. MOTION APPROVED.
Jim O'Neal moved for adjournment at 9:05 PM.
Jay Dorman, President Ramona Hancock, Secretary
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