HomeMy WebLinkAboutMinutes COM 03-29-22 Docket 19010010ADLS Amend regarding the addition of a bicycle rack and the removal of any material or
product storage from outdoor locations and they are still there and there is still no bicycle parking present,
there are two outdoor ice storage freezers, a propane storage unit, and large stacks of firewood for sale
between the gas pumps, right now today, I checked this morning.
Staff is supportive of the updates being proposed, with the condition that they update all the items that they
committed to before on the Rangeline location and add the bicycle parking on the College location as well as
removing all the outdoor storage and on the College side they would have to include the enclosure for the
trash bin. There was one more item that we noted, on the S. Rangeline location, a new approximately 200sf
accessory building has been installed immediately adjacent to the primary building which was not previously
there and Staff is requesting the petitioner to contact the Building Code Services Department to make sure
the building is within code. They will need to provide details on what is stored within and the exact square
footage, because depending on the square footage and what's inside there are different requirements for
permits and installation. There is a slight issue of upkeep of the S. Rangeline location trash enclosure, this is
the exterior building, and this is the trash enclosure.
Committee Comments:
Kevin: 106 'and College,I am pretty sure that somewhere down the road,we are looking at a roundabout there, is that
correct?Does this accommodate the right-of-way that we need?
Sergei: It does, in fact that particular parcel is not included in our right-of-way position. The way it is designed avoids
this parcel entirely.
Kevin: I don't like when we have commitments and then somebody comes back two and a half years later and wants
something new and never completed the original commitments. If I was making the decision myself,and I am not,I
would table this,tell them to fix those things and then come back and see us. That is just my opinion. I don't like when
we ask for things and don't get them. The additional building, sneaking it in when Rangeline's being constructed is
also inappropriate,I would not ask building services if it meets code,I would ask it to be removed. We have made it
very clear if they want to upgrade Rangeline Rd.they must upgrade it,and that means bring the building to the road
and start over again. There is a Rangeline Rd. Overlay.You are not upgrading that property without meeting the
Rangeline Rd. Overlay.
Alan: I would say I agree with everything Kevin said. If it's not done now, it's not going to get done and it will keep
going on.I move that we table these two petitions until those items are brought into conformance
Kevin: Second.
A Motion made by Alan Potasnik and seconded by Kevin Rider to table Docket Nos.PZ-2022-00034 ADLS
Amend and PZ-2022-00036 ADLS Amend until the are brought into conformance.
Approved 3-0,absent Hill.
3. Docket No.PZ-2021-00205 DP/ADLS: 11335 N.Michigan Rd.Apartments.
The applicant seeks site plan and design approval for a new development with 4 future outlots and an
apartment complex(244 units). The site is located at 11335 N. Michigan Road. It is zoned B-3Business&
Residential and is located within the US 421 Overlay zone.Filed by Ryan Wells of REI Real Estate Services,
LLC.
Petitioner: Ryan Wells,Rick Lawrence,Jon Dobosiewicz:
Rick Lawrence attorney with Nelson& Frankenberger: For the record,my name is Rick Lawrence,attorney with
Nelson&Frankenberger here in Cannel,with me tonight is Ryan Wells with REI Real Estate Services,and Jon
Dobosiewicz with Nelson&Frankenberger as a Land Planner and Ruth Muller to answer any architecture questions.
Ryan Wells: I want to walk through changes we have made since we first came before the Plan Commission and what
the current plan looks like.Originally the plan was for 244 apartment units,that has been reduced to 236 units. When
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we came here the first time,we got feedback from the Plan Commission,the various neighbors,and stake holders,to
Itake down the 3-story building to a 2-story.The 236 units are comprised of 6 3-story buildings and 4 2-story buildings.
Buildings 4, 5, 7,and 9 have been relocated to avoid setback variances.Originally these buildings were about 40-ft off,
they are now 52-ft off,with the reduction to 2-story we are no longer seeking a variance to the N. In addition,this 2-
story building down here, 52-ft off,no variance, and then building 9 has been shifted W, so it fronts on commercial
now,and no longer needs a variance due to the distance from the nearest residential. Building 7 was rotated,due to
feedback from Weston Pointe that they preferred the building to be rotated,for parking purposes. We relocated the
building and relocated the dog park.As mentioned before there is no setback here, 52-ft off the property line,avoiding
the setback variance. We went ahead and have drawn the E/W road in,we will take it to property line to accommodate
future development to the E. This will not be a right-of-way originally, but as we developed it, it will have that right in
the case there is any development here,it can become a public right-of-way.The N/S street is being stubbed at the
southern property line so it can be connected-in by the City in the future. We made some recent modifications to the
pedestrian trail,we originally had it going all the way around the pond,based on feedback from the neighbors to the N
we have changed the path and eliminated the trail here so it's just here.In addition,we have added fitness benches and
a small pier in the amenity area.Architecturally, design was roughly 60%brick and 40%hardy board with a different
color brick.We went up to a 90%red brick façade to conform with the overlay.Showed building adjacent to the
Woodhaven neighborhood.We have redesigned and added various architectural detail based on the Federal Style and
we have split the windows from how it was previously done. We heard from the Planning Department regarding the 3-
story buildings and the HVAC unit locations along some of the buildings and near the street. We have modified the
design of the building(you can see on tab 10)to locate HVAC units on the roof. Essentially,they are still slanted
roofs,but we have cut out a section and created a flat roof on top to fit the HVAC. We were able to get about half the
units in the building on the roof,the remaining ground units have been placed on the ends of the buildings,so they
don't interfere with any of the enjoyment of the space. They are heavily landscaped around. We have included lighting
fixtures and a photometric map.
Regarding the overall landscaping plan we have been working with the OF to preserve any existing foliage that is
worth preserving. Our plan is to leave whatever we can save and then we will fill-in with additional landscaping. We
ordered a woodland evaluation included in your package.There are some invasive pear species in the middle of the site
that will be removed. On the N and S we will be able to protect 25-ft and leave it undisturbed,on the E side about 20-
ft. We have proposed a privacy fence from funeral home coming around to all the surrounding residential property and
stop at the back of this commercial property(tab 7).A picture of that proposed fence is on Tab 7 together with a Line-
of-Sight Study,where we can see Building 4,the pond,and parking lot. We have eliminated the trail that was there
before,there is significant amount of old growth,25-30-ft tall evergreen trees which we will try to save,filling all
landscaping,supplementing with additional landscaping to get a full visual barrier there.
Dubbie: What is the height of the fence?
Ryan: What we proposed here is a 6-ft vinyl fence as requested by the funeral home. There has been a lot of concern
about the density of the development, in Tab 14 we provide a chart comparing similar developments in the area, it
shows our development to be on the least dense side of Cannel.
Alan:Requested the Tab brough up on the screen.
Ryan: We looked at similar style 2-3 story building developments,I included the most recent ones,although these are
not as applicable,they are denser situations in different areas. In addition,we are requesting a variance for parking
space per unit.We are at 1.64 space per unit(spu),I believe the Code is 2.Our studies of other developments in
Cannel show an average of around 1.51 spu,which is what we typically need to function in an apartment complex. We
have done some additional parking to try to reduce the concern. Regarding traffic,we had a traffic study done for the
intersection at N. Michigan and Bennett Pkwy. We'll provide a full copy to the Planning Department. We have
included a letter that we received recently,that is a contingent approval for a traffic light at that intersection upon that
light assuming this development moves forward.Light will be synchronized to the light at Weston Pointe just S of
Ithere.
Kevin: That would be at expense of petitioner,correct?
Ryan: That is correct. Regarding bike storage,we have indoor and outdoor bike parking and the exhibit on Tab 12
shows where it is located. Essentially there is a storage room in each building where you come in for bike storage.
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Department Report: Alexia Lopez:
Petitioner has made significant changes to the buildings and enhanced the architectural character,which were a lot of
our main concerns.The windows have been separated as requested to be more consistent with the Federal Style,brick
and stone detailing have been added to the separate floors and provided more visual interest on the façade.Other
changes like changing height of one of the buildings to 2-story,moving the path so it is not along the northern edge,
also including some of the HVAC units on the roof of the buildings. The Engineering(ED)and Urban Forestry(UF)
Departments are still reviewing this so we would recommend any approval contingent upon their final approval.In
general, looking at the project,we think it is good site design,we got shorter buildings along the perimeter next to
existing residential,taller buildings transitioning up to the commercial lots along Michigan Road,there is buffer
provided around the edges incorporating some of the existing landscaping that we have there to preserve those trees,
the parking is located internal to the site so you have the nice building façades along the edge and the center street that
come through.They have addressed all our comments since the last Committee meeting. We would recommend a
positive recommendation back to Full Plan Commission after discussion this evening.
Committee Comments:
Dubbie: I went through all the comments,the consistent ones are that density is still too high,I would be interested in
what they think about the relocation of the 3-story buildings;they want the fencing higher than 6-ft; and I would need
clarification on the wooded/green space separating the buildings from the adjacent neighborhoods.
Ryan: On the N and S we are going to be able to protect about 25-ft undisturbed,on the E side because the buildings
are slightly closer it is about 20-ft.We will save anything that is worth saving as we work with the UFD. There are
some invasive species in this property that the UFD wants to see removed. We will plant landscaping to fill the area in.
There are some 25-30-ft evergreen trees there.
Dubbie: Has the amount of space between Weston Pointe and this been increased from previous plans?
Ryan:Yes,originally it was about 40-ft,but we have moved it out,so it is 52-ft.It was always a 2-story building there,
but we rotated it per Weston's request,and we backed it off 52-ft,so it is no longer subject to a variance. The 3-story
building was shifted W so that it abuts to the commercial and not the residential and exceeds any distance as far as
setback guidelines.
Dubbie: Can you quickly show where the fencing is?
Jon: The fence will start at the back side of the commercial building,running along over to the property corner all
along the Weston to the property to the E,to the N all along the property to the E and then all along the S edge of the
Woodhaven subdivision and then clear back almost to the N/S street. It will extend a good portion across the mortuary
site and all along the residential.
Dubbie: Will the height increase along the residential?
Ryan: Right now, it is planned as a uniform 6-ft all the way around,but it is something we can work on.
Dubbie: My opinion would be that it should go up to 8-ft where you are bordering residential areas.
Ryan: Proposed that if changed,the fence should be 8-ft throughout. Transitioning would be difficult otherwise.
Dubbie: The other comment that is resounding is Density.I would note that the comparable items that you put up
earlier are in very different areas of Carmel and this is in what is the Estates section of Carmel,so I certainly
understand why people don't see this the same as they would see development along the Monon or the Central Core. I
wonder if it is possible to reduce the density any further.
Ryan: We took all this into account when we designed this site and we set the density as light as any multi-family
development can be done in an economical basis.I know those comps were not exactly comparable,but there aren't
any that show apartments less dense right now.
Dubbie: That is my point.The other two comments that were prevalent were turning it into a housing division or
condos.
Kevin:You could not finance condos there.
Ryan: We looked at all the properties and it just doesn't work for anything else. It does not make economic sense.
Jon: In the 421 Overlay Multi-family is a permitted use, single family and two-family dwellings are prohibited.
Dubbie: That is a good point. Increasing the height of the fence would be desirable.
Alan: Did I hear you correctly?Is the HVAC going to be on the roof of those buildings?
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Ryan: HVAC units in the 2-story buildings(7,6, 5,4)were left alone and spread out with landscaping around them.
The issue with the Planning Department was that on the larger buildings you start to get clusters of units and they were
concerned about people enjoying the use of their back yard and having to deal with all these units making noise. On
the 3-story buildings(9, 10, 8, 1,2,and 3),we created a flat roof area right in the middle where the units could be
housed(our engineers worked on the appropriate locations). Half of the units for the 3-story buildings will be on the
roof and the remaining units will be on the ends and will be heavily landscaped and shielded around.
Alan: Building 9,that is a 3-story building with half of HVAC units on the roof. What is that going to look like to
those who live to the S.
Ryan: They won't be able to see it. The roof is slanted and then we cut the top off creating a flat,sunken space where
the units could sit. When you are looking from the ground or a second story unit even, it looks like a normal roof.
Jon: The cut out would be up here and it would come down and then over. These are false dormers for design's sake,it
brings down the height of the roof modestly. On Cannel Drive,headed W from downtown,there is Rigsby Dental, it is
an office building on the corner of City Center. That building has a false roof. The roof around all four sides has an
area that is about 40-ft wide and about the length of the building that's open. If you look at an aerial you will see that.
The roof surrounds that space where it's a flat roof and the mechanical sits on top of that and you will never see it.
Alan: What is the distance between the edge of that building(9)and the nearest house?
Jon: To the property line from the edge of the building to the closest residential is 80+feet.
Alan: So, it's 40-ft to the landscaping?
Jon: It's at an angle. So roughly 100-105-ft. Set back from the property line to the building is 50-ft. In that 50-ft space
there are 25-ft of landscaping,25-ft of grass area.But because it is further removed to the W,the 3-story building is
100-105-ft to the nearest townhome.
Alan: Going back to the fence,you mentioned on the N side,a concern of mine at the beginning was the fact that that
may not be continuous.But now it is continuous all around the project,is that correct?
Ryan: Yes,that is what we are proposing now.
IKevin: I always tell people fight something to kill it if you want to,but also fight to make it the best it can be.I want to
remind people,this was prior approved as a Kroger,so careful what you wish for if you push too hard against
something,I would rather have this than a Kroger,but I don't live there.A Kroger could come back, it was approved
once it could get approved again.
Jon: A commercial building at 100,000sf.
Alan:Are there any outstanding items that you have control over that would not be going to the BZA that still have not
been addressed?
Kevin: Engineering and landscape
Alexia: Just final approval by the ED for drainage and the OF for the Landscape plan.
Alan: Is there a motion?
Kevin: I would move that we send this back to the Plan Commission with a positive recommendation contingent upon
the landscaping and engineering approval.
Alan: Is there a second?
Dubbie: I would second only with the addition that the fencing height be increased to 8-ft.
Kevin:they committed to that.
A Motion made by Kevin Rider and seconded by Dubbie Buckler to send Docket No.PZ-2021-00205 DP/ADLS
to the April 19 Plan Commission with a favorable recommendation subject to Engineering and Urban Forester
approval and an 8-foot fence surrounding the development as committed to by the petitioner.
Approved 3-0,absent Hill.
4. Docket No.PZ-2021-00139 DP/ADLS: Oberweis—That Burger Joint—Woodgrain Pizzeria.
The applicant seeks site plan and design approval for a restaurant on a 1.15 acre vacant parcel. The site is
located at 10920 N. Michigan Road,which is the SW corner of Weston Pointe Blvd. and Michigan Rd./US
421. It is zoned B-3/Business and is located in the US 421 Overlay Zone. Filed by Joe Oberweis, owner.
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