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HomeMy WebLinkAboutMinutes PC 10-20-92 Plan Commission Meeting Minutes October 20, 1992 The meeting was called to order by Ron Houck, President, at approximately 7:00 PM with the Pledge of Allegiance. Members present were as follows: Henry Blackwell; Sue Dillon; Jay Dorman; Richard Klar; Alan Klineman; Henrietta Lamb; Norma Meighen; Max Moore; Barbara Myers; Salim Najjar; James T. O'Neal, Sr.; James Quinn; Jeanne Reid; and Sharon Clark. A quorum was declared. Staff present: Terry Jones,Department of Community Development; Steve Brown, City Attorney; and Mayor Johnson. Item F. The Mayor addressed the Plan Commission in response to a communication received from member Sue Dillon in regard to certain items and concerns. Item H. Public Hearings. Item lh. Docket No. 32-92 P.P., (continued from the last meeting) primary plat (cluster option) application for Millbrook. The primary plat (cluster option) consists of 120 lots on 63.0 acres of land located on the south side of 106th Street, just west of Keystone Avenue. The Site is zoned S-2 residence district. The petitioner requests approval to plat a 120 lot subdivision for single family residential development. The petitioner is also requesting the following Subdivision Regulation variances: 6.3.6, Required Right of way (50') to be reduced to 40'; 6.3.20, To allow private streets; 6.3.21, Two entrances required for subdivision with more than fifteen lots. Filed by Paul Rioux for Estridge Development Corp. and C. P. Morgan, Co., Inc. Jim Nelson, representing the co-applicants, presented the following proposed revisions: the area to be known as The Woods at Millbrook will consist of 13.9 acres and 25 single family home sites. At the request of the neighbors, a single entrance has been provided and aligned with the Jordan Woods Subdivision entrance. In response to surrounding property owners, the natural area has been expanded to 75 feet along the west, north, and east property lines. In addition, street trees have been provided along internal streets. The retention pond has been relocated to land that was formerly owned by King of Glory Church and will be available for use by the Church and C. P. Morgan for drainage and aesthetic purposes. The petitioner committed to plant 29 Colorado Spruce Trees adjacent and parallel to 99th Street (the southern boundary of the proposed Subdivision) as well as 10 additional Spruce Trees along the west property line. The revised plan resulted in the request for additional variances: one for the cul-de-sac length which now exceeds 600 feet in width; a single entrance to the north to be aligned with Jordan Woods; and a reduction in the right of way and roadway width respectively from 50' to 40' and from 30' to 26'. The petitioner has entered into written agreements with the King of Glory Church and the representative of the property owners to the south, Michelle Spahr, regarding these changes and specifically that an additional lane will be constructed by C.P. Morgan along 1 106th Street to Keystone Avenue. The Church has agreed to contribute the necessary right of way. Hank Blackwell reported that the Subdivision Committee heard the primary plat on this matter and approved it. Ron Houck read a letter dated October 22, 1992 to the Carmel/Clay Plan Commission from Pastor Svenson of the King of Glory Lutheran Church confirming their approval of the revised plans, their intent to work with the developer on the proposed improvements, and their recommendation of the Plan Commission's approval of this project. Ron Houck and Jim Quinn expressed concerns regarding the following: the subdivision does not interconnect; lack of access, (the 88 cluster homes have use of a single entrance and the 9 lots have use of a single entrance); narrow width of the streets; and maintaining private streets. This type of development will not be encouraged in the future. Jim Quinn also stated that the Agenda did not reflect the variance for the cul-de-sac length. Jim Nelson responded that applications were filed with the Department of Community Development for all variances necessary to accommodate the revised plan, and described at the Subdivision Committee October 6th. There was no explanation as to why the variance for the length of the cul-de-sac was not on the Agenda, but it was probably an oversight. However, one clarification was very important. The variance request was for a private street, not all the streets in this development. All the streets in this development will be public streets with a forty foot right of way and 26 feet in width. The variance will apply only to the "eyebrow" that provides private access to a public street. The development was filed as one subdivision with two sub- areas and as such, only one entrance was required. Ron Houck stated that the ordinance was intended to allow multiple points of ingress and egress for a large number of homes and to that extent, this design did not meet the intent of that ordinance. What we have tried to accomplish in policy in terms of stub streets and interconnection of subdivisions was done for the express purpose of providing easier access for emergency vehicles and easing traffic flow off major streets. This particular design did not accomplish that aim. Jim Nelson withdrew the request for variance to allow a single entrance on the south and a single entrance on the north. Ron Houck stated that there were two issues: the variances that have been requested and whether or not we grant them; and the actual approval of the plat itself. Paul Claire of Schneider Engineering stated that when the primary plat was originally filed, the seven acre area and the southwest corner were laid out as 9 lots, but the attempt was made to line up Haverstick Road and bring a cul-de-sac off of Haverstick into the 9 lots. A true, in-line 2 connection could not be accomplished because of the right of way. When originally filed, the street could not be developed as a public street, therefore the variance was requested for a private street. Since then, the layout has been revised and it was requested that the prior variance be pulled, but in comments from the City Engineer or Highway Dept., they requested that the "cove" or cul-de-loop remain private because they did not want to maintain it. Therefore, a variance was requested. At Mr. Klineman's request, Mr. Nelson went over the list of variance requests before the Commission. 1. The first request was made by Estridge for the south end, to reduce the right of way of all internal public streets from 50' to 40'; Morgan made the same request for the northern half of the development. 2. If the rights of way are reduced, then the street widths are reduced, therefore the request was made by Estridge and Morgan that the street width be reduced from 30' to 26'; 3. Estridge asked for a single variance for the cul-de-loop to permit it to be private rather than public. 4. The redesign of the northern half to allow for one entrance rather than two resulted in a long cul-de-sac with a diameter of 93' and exceeded 600 feet in length, therefore a variance is required. If these requests are approved, Mr. Nelson stated that the City of Carmel would be petitioned for annexation. Mr. Nelson withdrew the request for 6.3.21 variance. Findings of Fact: 6.3.20, to allow private streets, 13 for approval; one for disapproval. 6.3.6, required right of way 50' to be reduced to 40'--vote was 13 for approval, 1 for disapproval; 6.3.6, Street width from 30' to 26', 11 for approval 3 opposed; 6.3.7 lenmgth of cul-de-sac, 13 for approval, 2 for disapproval. Dick Klar moved to approve Docket No. 32-92 P.P., a primary plat application for Millbrook, seconded by Salim Najjar; the vote was 9 for approval 5 against. Motion passed. Item 2h. Docket No. 38-92 Z, a rezone application for Towne Crossing, Inc. The petitioner's original request to rezone 19.79 acres located on the north side of 96th Street, 1/8 mile east of Towne Road, from S-1 to R-2 Residential. The application was filed by Timothy O'Connor and presented by Roger Kessler. Dick Klar moved to keep the Public Hearing open to allow the petitioner to amend his application to request a rezone from S-1 to S-2, seconded by Jeanne Reid, unanimously approved. Item 3h. Docket No. 41-92 Z, a rezone application for Clifford Schwiegel. The petitioner is requesting a rezone of approximately 1/4 acre of property located on the south east corner of College Avenue and 105th Street from R-3 Residential to B-1 Business district (not B-2 as shown on the Agenda). The petition is filed by Jack Hittle for Clifford Schweigel's estate. There was discussion, prompted by Jim Quinn, regarding possible use of the property as low- income housing. The property is surrounded by business and a supermarket. Jay Dorman moved to approve Docket No. 41-92 Z, seconded by Jim O'Neal, 13 for approval, 3 one opposed, motion carried. Item 4h. Commission to consider Docket No. 42-92 CA, a commitment change from Docket No. 48-87 Z, a rezone application for Trammel Crowe Co. The commitment changes are in regard to the previously committed development plan of the property as a part of the overall rezone package. A change is being requested as a part of Docket No. 43-92 DP\ADLS, (item 5h) filed and presented by E. Davis Coots for the Police and Fireman's Insurance Association. Item 5h. Docket No. 43-92 DP\ADLS, a Development Plan and Architectural Design, Lighting, Landscaping and Signage application for Police and Fireman's Insurance Association, filed and presented by E. Davis Coots for the Police and Fireman's Insurance Association. The petitioner is requesting approval to construct a two story office building consisting of 24,630 square feet. There was discussion regarding the configuration of the property, the height of the buildings, architecture, landscaping, and surrounding area. The petitioner has agreed to waive opposition to annexation to the City of Carmel. Dick Klar moved to suspend the rules and vote on the petition, seconded by Salim Najjar, unanimously approved. Ron Houck made it clear that the Commission was suspending the rules on both items 4h and 5h. Dick Klar moved to approve.Docket 43-92 DP\ADLS; Dick Klar then amended his motion to rather approve Docket 42-92 CA, seconded by Barbara Myers, unanimously approved. Dick Klar moved to approve Docket 43-92 DP\ADLS, seconded by Henrietta Lamb, unanimously approved. I. Old Business li. Commission to consider Docket No. 23-92 P.P., a primary plat application (cluster option) for Spring Arbor (The Montgomery Property) Subdivision. The primary plat consists of 64 lots on 30 acres of land located on the west side of Shelborne Road approximately one half mile south of 106th Street. The site is zoned S-2 residence district. The petitioner is requesting approval to plat a 64 lot subdivision (cluster option) for the development of single-family residences. The petitioner is also requesting to amend the Commitments concerning the development and use of the real estate dated January 16, 1990 under Docket 75-89 Z, and specifically paragraph 3 (d) to permit the development of the Real Estate pursuant to the Cluster Option and other than pursuant to the Conceptual Site Development Plan attached to the Commitments as Exhibit "C". The petitioner is also requesting the following Subdivision Regulation variance: 6.3.6 Minimum right-of-way and road widths, filed by The Estridge Group, presented by Jim Nelson. Motion was made, seconded and unanimously approved to take a 5 minutes recess. 4 Findings of Fact on variance 6.3.6, minimum right-of-way: 12 for approval, one opposed, Mr. Blackwell abstained. Item 2i. Docket No. 23-92-A P.P., an amended primary plat application (cluster option) for Spring Arbor(The Montgomery Property) Subdivision. The petitioner is amending the previously filed petition (23-92 P.P. to include the following Subdivision Regulation variances: 6.3.5, Extending existing dedicated street adjacent to property. Mr. Quinn requested that a homeowner in the Ashbrook Subdivision, claiming she was not properly noticed, be allowed to speak. Mr. Nelson stated that he did have a problem with that, inasmuch as the legal procedures have been followed and the public hearing was closed. Mr. Nelson stated that his client deferred and would allow the homeowner to be heard. Salim Najjar moved to allow the homeowner three minutes in which to speak, seconded by Jim Quinn; 8 approved, 4 opposed: motion carried. Laura Fair, 3756 Pendrack Court, (Ashbrook) Carmel, spoke of her concerns regarding drainage; traffic flow at peak hours; and previous commitment of the Commission in regard to cluster housing. Jim Nelson responded that commitments were made that provided for the development of the land; however, since that time circumstances have changed, principally the Comprehensive Plan has been passed to provide that this real estate, as well as other real estate in the area, be used for moderate intensity residential which contemplates a density of 2.4 units per acre. In addition, the two large lakes that were originally planned for retention are no longer required by the County Surveyor, thus giving us an opportunity to save 5.3 acres of trees. For that reason, we requested the cluster option. Findings of Fact on variance 6.3.7: 11 for approval, two opposed, Mr.Blackwell abstained. Jim O'Neal moved to approve Docket 75-89-Z, amendment of Commitments concerning the development and use of the real estate dated January 16, 1990, specifically paragraph 3 (d) to permit the development of the Real estate pursuant to the Cluster Option, seconded by Norma Meighen, 8 for approval, 5 opposed, Mr. Blackwell abstained, motion carried. The vote on Docket No. 23-92 P.P. was 9 for approval, 4 opposed, Mr. Blackwell abstained. Item 3i. Docket No. 35-92 P.P., a primary plat application for Williams Creek Pointe. The primary plat consists of 166 lots on 123.28 acres of land located on the south side of 146th Street, just west of Springmill Road. The site is zoned S-1 residence district. The Petitioner is requesting approval to plat a 166 lot subdivision for single family residential development. The petitioner is also requesting the following Subdivision Regulation variance: 6.3.22, Eliminate required passing blister on the north side of 146th Street. The petition is filed by James J. 5 Nelson for Dart Development, Inc. Dick Klar moved to approved Docket No. 35-92 P.P., seconded by Barbara Myers, unanimously approved. It was requested and so moved by Hank Blackwell to reorder the Agenda and hear item 1 k. under New Business before item 4i., all in favor. Item lk. Docket No. 46-92 ADLS (Amend), an Architectural Design, Lighting and Signage Amendment application for Thomson Consumer Electronics. The project is located on the west side of Meridian Street and the north side of 103rd Street and is located within the US 31 Overlay Corridor Zone. The petitioner seeks approval to amend the previously approved architectural design and colors of the America's Headquarters Building and the Research and Development Buildings. Site is zoned B-6 Entrance Corridor Business District for the America's Headquarters Building and B=1 General Business for the Research and Development Building. This petition is filed and presented by James J. Nelson for Thomson Consumer Electronics. This site development plan was approved February 18, 1992; one was for America's Headquarters, the other was for a technical center. Certain changes have been suggested to Thomson; the first change is that the atrium which was a significant part of America's Headquarters, be enlarged by 17,000 square feet. There are minor revisions in the technical center floor plan which did not result in any change in square footage, and a change in the color of the exterior building materials. The reason for these changes was explained by Mr. Dave Arland. Mr. Klar moved to suspend the rules and vote on this petition this evening, seconded by Mr. Blackwell, unanimously approved. Mr. Klar moved to approve Docket No. 46-92, seconded by Norma Meighen, unanimously approved. Item 4i. Commission to consider an amendment to the Carmel/Clay Zoning Ordinance A-160, known as the S-1 density ordinance. This ordinance amendment is in regard to the S-1 density changes proposed for western Clay Township (area bounded by Springmill Road, 96th Street, Hamilton County-Boone County Line and 146th Street). This petition was filed by the Carmel/Clay Plan Commission, introduced by Mayor Johnson and presented by Terry Jones of the Dept. of Community Development. This proposed amendment was discussed openly by the Commission, points of concern were density, control of growth, greenways, and trees. Mayor Johnson requested that the Commission give the Staff some direction and clearly defined goals. Jim O'Neal suggested that the Plan Commission members review the staffs proposals and bring 6 their suggestions to the next Executive Committee meeting which was established to be the second Tuesday of November due to elections. Meeting adjourned at 1:00 AM. Ron Houck, President Ramona Hancock, Secretary 7