HomeMy WebLinkAboutMinutes PC 03-16-99
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CARMEL/CLAY PLAN COMMISSION
MARCH 16, 1999
The regularly scheduled meeting of the Carmel/Clay Plan Commission was called to order by the
President at approximately 7:00 in the Council Chambers of City Hall, One Civic Square,
Carmel, Indiana on March 16, 1999.
Members present were as follows: Marilyn Anderson, Kent Broach, David Cremeans; Leo
Dierckman; Madeline Fitzgerald; Ron Houck; Kevin Kirby; Norma Meighen; Bob Modisett;
James 1. O'Neal; Pat Rice; Rick Sharp; Paul Spranger; Chris White; and Tom Yedlick.
Also present representing the Department of Community Services were: Director Steve
Engelking; Michael Hollibaugh; Terry Jones; Mark Monroe; and John Molitor, Outside Council.
The minutes of the previous meeting were approved as corrected.
G.
Reoorts:
1. U. S. 31 Overlay Zone Amendments Update, Steve Engelking, Director, representing the
Department of Community Services. Amendments made to the ordinance by the Plan
Commission were forwarded to the City Council and were heard at the March 15, 1999.
The City Council subsequently recommended changed to the amendments for Plan
Commission consideration. It is critical that the Plan Commission receive these
proposed amendments at this time, a forty-five day time period begins by which the
Commission must respond. If not acted on within the forty-five days, the amendments
will become law as recommended by the Council. Possible action could include further
amendments or denial of the amendments, in which the ordinance will return to Council
for final consideration. The Council also has 45 days to take action.
Mr. Engelking detailed the amendments proposed by the City Council.
Paul Spranger asked if the ordinance should be taken to the next special study committee
to make a recommendation at the next Plan Commission meeting.
Rick Sharp recommended that the ordinance go to committee and was concerned that the
verbiage precludes a development plan that would cross the highway.
Mr. Engelking clarified that there was wording on page 14 detailing the amendment in
question.
The ordinance was then forwarded to the committee.
2. Old Meridian Task Force Update, Tom Thompson, 2040 E. 109th St., appeared before
the Commission, representing the Old Meridian Task Force.
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The task force was appointed by Mayor Brainard to prepare an ordinance for the Old
Meridian District and to help guide the development along the district that will 0
compliment U.S. 31 and Carmel overall. The district extends south from its juncture :
with U. S. 31 to its rejuncture with U. S. 3 1 at 136th St. It extends from the west of Old
Meridian St. all the way to the U.S. Highway Overlay Zone and extends as far as
Guilford Rd.
Some of the needs that the Task Force recognized in the Old Meridian district were
amenities for the people working in the U.S. 31 Overlay Zone and affordable housing.
Infrastructure improvements are also necessary at intersections in order to support
development. At present, there are multiple property owners with multiple development
interests as well as many different zoning classifications. These issues need to be
addressed in order to form a cohesive plan that will compliment U.S. 31, City Center and
other areas in Carmel.
The vision of the project is centered on a dual lane divided tree-lined boulevard. There
currently exists a 100 foot right-of-way and therefore additional right-of-way will not be
needed except for a few intersection improvements. It is envisioned that the district be a
. mixed use development of condominiums, professional offices, retail, and upper end
apartments in the neo-traditional architecture.
Finally, there is a need to secure funding to hire the consultants for thorough study of the
area.
In light of the new development projects that are being proposed in the area, it will be
important to inform the developers of the concepts and the ideas being formulated in this
area, however, the projects must be viewed under the current codes.
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Madeline Fitzgerald suggested that the task force keep the Plan Commission informed of
the developing concepts for the corridor therefore the Commission can help direct the
developers in the conceptual design.
Kevin Kirby suggested that all plan commission members review the original draft of the
Old Meridian Overlay Zone. Mr. Kirby also reported that the City Council addressed
eliminating PUD ordinances from residential areas in western clay township and even
possibly all residential areas, but not eliminating them in commercial areas such as the
U.S. 31 corridor. The Council feels confident that this would be a positive move in light
of the new Residential Open Space Ordinance that the Council has confidence in.
Rick Sharp stated that the Special Study Committee has taken direction to eliminate the
PUD ordinance, however it has been tabled in order to complete other projects. The
Committee can put the item back on the agenda for the next Committee meeting and
provide something for the Council at the next meeting.
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3. Item 3i., Docket No. 100-98 P.P.lS.P. Habitat for Humanity, was tabled by the petitioner.
Drainage issues were not resolved.
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4. Repon from John Molitor, Legal Council, requested that the Commission fill out the
survey that was passed ,out for topics of interest for the training and orientation session on
Saturday, Aprill? John also relayed information on the senate bill 662 is pending in the
house. This bill would create the Indiana Land Resources Council, which would have 10
members of various groups. This group would assist governments in planning and
zoning issues and farmland preservation. The other legislation senate bill 628, would
affect the process of zoning in the Western Clay area. This bilI has passed the senate and
is pending in the house at this time.
5. Correction to Special Study Minutes, Rich Sharp wanted to make a correction in the
special study minutes. Item 51 on the agenda was tabled at committee. C & C Reality
made certain commitments regarding signage and a discrepancy was discovered by the
Depanment whether a sign complied with their commitment. C & C Reality decided to
withdraw the commitment in which they could put up any sign of their choosing. The
committee refused to do that and instead blessed the sign as originally designed and
determined that it was in compliance with the commitments that had been made. Any
time the Depanment questions a sign they would come back to the committee. The
committee did take action and therefore the item should not be on the agenda.
6. Repon from Dave Cremeans, Plan Commission President, passed out an article called
"The Few the Proud the Plan Commission Commissioner" by Dr. James Segday from
Ball State University. It is a very good piece that he would like to encourage all Plan
Commission members to read before the training session on April I? He also would like
to encourage all members to attend this meeting.
H. Public Hearin2:
lh. Commission to consider Docket No. 13-99 P.P., a Primary Plat application for Gerry
Kosene. The petitioner seeks approval to plat 40 lots on 14 acres known as the Fairgreen Trace
Subdivision. The site is located on the north side of 1 16th Street, one-quarter mile west of
Rangeline Road. The site is zoned R-l/Residence.
Filed by Dave Sexton of the Schneider Corporation.
Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Commission representing Gerry
Kosene and Gary Weaver. They are seeking to approve a primary plat under the open space
ordinance that is a small residential subdivision called Fairgeen Trace. Fairgreen Trace will
consist of 40 lots consisting of homes built in the $180,000 to $225,000 price range.
The real estate to make up Fairgreen Trace is located on the northside of 116th Street, south of
Carmel Industrial Park and one block west of Range line Road. The central spine of the
development running north and south is primarily open. The west side of the property is
primarily young woodlands. Young woodlands occupy the east side of the property. This
project has taken great care to protect these areas.
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The street system consists of a single road running northward from I 16th Street teeing at the
northern part of the property. Off of the left "T" is a street connection to the undeveloped D
property to the west and to the right (east) of the "T' is a cul-de-sac. Another street extension to ...
the east near I 16th St. is also provided.
The rear of the lots encroaches only slightly into the wooded areas. Because the primary
construction area will be along the portion of the property that is unwooded, much of the wooded
areas will be preserved with little or no construction activity. There are four blocks of common
area., which will be transferred to the homeowners association at a later date. The open space
consists of a little over 4 acres, which equates to 29 percent open space.
Members of the public were invited to speak in favor of the proposed application; the following
appeared.
Moe Silverman, 1507 East 116th Street, directly across from the proposed subdivision, stated
that he is pleased with this proposed use of the area and with the design that Mr. Kosene has
developed. It will be an attractive addition to 1 16th Street.
Scott Unger 177 Rosemead Dr., met with the homeowners association of Rose mead Commons
and the association is in favor of the project.
Dave Cremeans asked for public comments unfavorable; no one appeared and the public hearing
was closed.
Mark Monroe from the department reported that the project should proceed to the Special Study
Committee. There were a few minor outstanding T AC issues and that they can work with the
petitioner to address these concerns.
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Rick Sharp made additional comments.
2h. Commission to consider Docket No. 14-99 Z, a rezone application for Duke Reality
Investments. The petitioner seeks approval to rezone 55 acres from B-5/Business and S-
2IResidence to B-6/Business. This site is located at the northwest comer of 96th Street and U.S.
31 and extends north of 1-465. Petitioner also seeks approval to rezone 10 acres from b-
5/Business to B-8/Business. The site is located at the northeast comer of 96th Street and U.S.
31. The sites are currently zoned B-5/Business and S-2lResidence and are located partially
within the U.S. 31 Overlay Zone.
Filed by Steve Granner of Bose McKinney and Evans.
Phil Nicely, 8888 Keystone Crossing, and Rich Horn, Chris Saeger, Bob FaIle, Kevin, of Duke
Realty Investments and Steve F aribach from A& F Engineers, appeared before the Commission
representing Duke Realty Investments with a contract to acquire 55 acres located at the
northwest, southeast and southwest quadrants of 465 and Meridian Street. The petitioner is
requesting the rezone of the properties to B-6 and B-8.
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There is approximately 10 acres in the northeast parcel, 35 acres on the southeast parcel and 19
acres on the southwest parcel. The petitioner proposes to develop the northeast parcel as high-
end retail type uses which would be amenities to the Parkwood Crossing development. The
southeast quadrant is proposed to be developed as a campus style office complex.
Mr. Nicely noted that the proposed rezone is in conformity with the Carmel comprehensive plan.
The proposed rezones were originally part of the U.S. 31 rezones package that was directed by
the City. Because of contractual reasons, it was necessary for Duke to continue to pursue these
rezones independently of the City.
The petitioner has come up with a proposed development plan for the property. They have also
attempted work with neighbors in the area to come up with certain commitments with respect to
the development of the property. Mr. Nicely emphasizes that these development plans are not
concrete although they are a fairly good representation of how the property will be developed.
The petitioner provided more information on the proposal.
Tom Bartlett sent a letter to the Commission regarding his concerns with the proposed rezone.
Mark Ratterman expressed his concerns regarding the project.
Ruth Hayes listed her thoughts about the Duke rezone.
D Greg Silver reiterated many of the previous remonstrator's concerns.
Pam Lambert, 6161 Coppley Place, representing Lacoma Estates passed out a letter to the Plan
Commission members. Along with her letter which addresses density and traffic issues, she asks
to keep the Public Hearing Open for the next Plan Commission meeting.
Mark Groser, 101 E. 96th Street and lives kitty-comer to Parkwood Crossing entrance. The
traffic coming out ofParkwood is very heavy and backs up a half of a mile on 96th Street. He
reiterates the need to look at the traffic problem that this project proposal will create.
Clark Kallow has family that lives in the area of the Duke project. He is concerned at what the
traffic problem that may occur. He refers to a document produced by Steve Cunningham, City of
Indianapolis. This document states that the level of service at 96th and Meridian Street to be an
"F". The project plan is too intense for this property. Carmel officials should take a serious
look at the traffic study.
Ed Thomas, 8699 Springmill Rd., has a difficult time getting in his driveway in the mornings and
evenings. He doesn't want to see the area turn into another Castleton.
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Gordon Smith, resident of Cedar Knolls, has trouble getting onto 96th Street from the Kroger
Grocery Store. He believes that this project is too dense for the area.
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Burt Gorman. Springmill Lakes, spoke about his concern with the traffic congestion between
Springmill Road and Ditch Road at 96th Street and he wonders how traffic will improve with the
addition of this enormous project.
Mr. Nicely responded that in the existing overlay zone, the proposed project is less dense than
the current zoning allows. In the comprehensive plan, this area is designated for office
development. This plan is only a proposed plan. If the rezone is approved the petitioner would
be required to come before the Plan Commission again and items such as bufferyards, and
setbacks would be established at that time.
In regard to traffic, Mr. Nicely stated that for the most part the area is not that congested and
during the peak travel hours, they are taking recommendations into consideration to ameliorate
the conditions.
Mark Monroe of the Department of Community Services recommends that this project go to
special study.
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Ron Houck asked the petitioner if the three separate parcels were submitted for individual
approval or collectively. Mr. Nicely stated that they were submitted collectively. Mr. Houck
also seeked clarification on the 20/20 comprehensive plan and that it suggested that the proposed
areas were designated as light commercial. Mark Monroe responded that the area has been
designated as a special study area as determined by the U.S. 31 Task Force and actually falls into
a medium density classification. Mr. Houck also requested from the petitioner, the square '0..-
footage of office space and intensity for each parcel. The northwest parcel is proposed to have .
360,000 to 380,000 square feet on 19 acres. The square footage on the southwest quadrant is
850,000 square feet on 35 acres and the last parcel shows 100,000 square feet on 10 acres. Mr.
Houck also asked to see the height of the proposed buildings. Mr. Nicley explained that two of
the buildings are five stories, two are six stories and one is three stories.
Kevin Kirby commented that the U.S. 31 Task Force was adamant that anything abutting
Springmill Road be buffer or residential. He is also concerned that there be no entrances directly
onto Springmill as shown on the plan he will not be supportive of that aspect.
Mr. Nicely retorted that the proposed entrance off of Springmill is only an entrance and not an
exit.
Paul Spranger asked for more information on proposed buffering along Springmill Road.
The petitioner stated that there is a retention pond planned and several hundred feed of
bufferyard, however, because the development plan has not yet been developed, the specifics
cannot be answered at this time.
Rick Sharp reiterated that this project is in the rezone process and that details to the plan are to
be determined only if the project is approved for the rezone. It might be appropriate to hold
those questions until a later time. The items to focus on are the traffic study and the
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commitments the petitioner has proposed to improve the roads. The other items to focus on are
commitments regarding SpringmiII Road.
Madeline Fitzgerald has concern with the three different parcels being proposed as one project
for this rezone and development. What is the petitioners reason for rezoning these parcels
collectively versus separately?
Mr. Nicely stated that the properties are owned by the same person and they were not offered
individually.
James O'Neal expressed his thought that the project be sent to committee and so moved.
Pat Rice asked the petitioner if there were any ongoing negotiations with INDOT regarding the
properties. Ms. Rice also asked if there were any soil testing on the .northwest and northeast
comers where the filling stations used to be.
The petitioner has discussed the project with INDOT. The response from INDOT was that there
were plans for that area in the year 2012 and they are continuing conversations with them. In
regard to the soil testing, Mr. Nicely stated that soil testing had been completed and those pieces
of property are currently being cleaned up by Shell.
Leo Dierkman stated favor of keeping the parcels together and that it is a local developer which
has had a long term history in Carmel. Mr. Dierkman was interested in knowing if there was
another project in Carmel similar to the proposed project for comparison sake.
Larry Mervill with Duke stated that the southeast quadrant is a lease up strategy that will be
oriented around service such as specialty retail, upscale retail, and restaurants.
The public hearing will be kept open.
A five-minute break was called.
I. Old Business:
11. Commission to consider Docket No. 84-98 C.P.A., proposed amendments to the
Carmel/Clay Comprehensive Plan, Specifically Chapter 6, the Thoroughfare Plan.
Filed by the Plan Commission.
Rick Sharp inquired as to the previous need for expediency for this amendment to be approved
and now is being tabled.
Steve Engelking, representing the Department, stated that there are numerous projects that
Department wished to undertake for the year and wished to complete these tasks expeditiously,
one of those being updating the thoroughfare maps and the comprehensive plan. In the interim, a
decision was made to create a panel of citizens to study the proposed rezone of the undeveloped
parcels ofIand along U.S. 31. This group was named the Blue Ribbon Panel. The primary
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function of this group was to study parcels oflands along U.S. 31, as well as the thoroughfare
matters in the township as they relate to 31. In that regard, the Department feels that it seems D
prudent to table this matter until the Blue Ribbon Panel has had the opportunity to review and
offer changes to the thoroughfare map and comprehensive plan.
Rick Sharp disagrees with tabling this item for the reason that there are many time critical issues
in the comprehensive plan. He urged that this item be discussed further at this time.
Paul Spranger stated that many ofthe people on the Blue Ribbon Task Force are residents of
West Clay. It is important to receive feedback and suggestions from the people that it will effect.
Since there are currently no projects being considered for any of our thoroughfares, this is a good
time to receive additional comments before changes are made within the comprehensive plan.
Paul Spranger made the motion to table Docket No. 84-98 C.P.A, seconded by Leo Dierckman.
Kevin Kirby agrees with Paul Spranger that we should receive public input but as a member of
the U.S. 31 Task Force, he feels like the document that they produced, was a very good
document. :Mr. Kirby suggests that the Commission look at the plan tonight and give their
suggestions.
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David Cremeans echoed:Mr. Kirby's statements and that if these amendments are approved this
month, new amendments can be approved next month.
Paul Spranger again moved to table this item for 60 days. Leo Dierckman seconded. 0
APPROVED 8 in favor, Marlyn Anderson, David Cremeans, Madeline Fitzgerald, Kevin Kirby,
Jim O'NeaL Pat Rice, Rick Sharp opposed.
Rick Sharp noted a point of order that a motion to table cannot be subject to a time limit. At any
time it can be lifted from the table with a simple majority vote.
21. Commission to consider Docket No. 98-98 D.P./ADLS, Development Plan and
Architectural Design, Landscaping, Lighting and Signage applications for Landmark Properties.
The petitioner seeks approval to construct an 18,500 square foot complex on 2 acres known as
the Old Meridian Medical Center. The site is located at the southeast comer of Carmel Drive
and Old Meridian (Lot 1 of Block 17, Carmel Science and Technology Park.) The site is zoned
M-3/Manufacturing.
Filed by Brian Pahud of Landmark Properties.
Brian Pahud, representing Landmark Properties located at 9343 N. Meridian Street provided a
brief history of the project. This project was first heard before the Commission in January. It
involved a petition from the owner who owned approximately 7 acres and a secondary plat from
Landmark Properties to develop 2 acres of the property located at the southeast corner of Old
Meridian and Carmel Drive. Originally the plan was to build two single story buildings. At that U
time the project was referred to special study committee. From that special study meeting the
developer made the suggested changes in the plan such as landscaping and fencing.
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Mr. Sharp, committee chairman, reponed that Mr Pahud did a wonderful job and that the
committee vote unanimously to approve the project.
Tom Yedlick had a question regarding how the proposed project would match up in design with
the abutting properties.
Mr. Pahud clarified that all four sides of the building will be made of the same material. He also
stated that the east perimeter of the property is heavily wooded which is to remain and will act as
a greenspace buffer.
Mr. Sharp proceeded to make a motion to approve Docket No.98-98 D.P.lADLS Old Meridian
Medical Center, subject to the fence design being worked out with the Department. Seconded
by Jim O'Neal. APPROVED 15-0.
31. Commission to consider Docket No. 100-98 P.P.lS.P., a replat application for
Habitat for Humanity. Petitioner seeks approval to replat 3 lots on 3/4 of an acre known as Little
Farms, Lot 42. The site is located on the south side of 104th Street, one-half mile east of College
Avenue. The site is zoned R-I/Residence.
Filed by John Krom of Habitat for Humanity.
Tabled by Petitioner
41. Commission to consider Docket No. 4-99 D.P. Amend./ADLS, amended
Development Plan and Architectural Design, Landscaping, Lighting, and Signage applications
for Schahet Hotels. The petitoiner seeks approval to construct a 62,000 square foot hotel
building on 2 acres within the Hamilton Crossing East Complex. The site is located on the east
side of U.S. 31, south of 126th Street. The site is zoned B-3/Business and is located within the
U. S. 31 Overlay Zone. (The petitioner has appeared before the board of Zoning Appeals for
Special Use approval and for approval of3 Development Standard Variances).
Filed by Steve Granner of Bose McKinney and Evans.
Phil Nicely, representing the petitioner, stated that this project was brought before the Special
Study committee and the only issue was the color of the light. The petitioner has agreed to make
the lighting of the sign white with a bronze return in place of red.
Rick Sharp, committee chairman, reported that the committee voted for unanimous approval of
the project.
Paul Spranger moved for the approval of Docket No. 4-99 D.P. Amend.lADLS, Schahet Hotel,
with TAC items being resolved, seconded by Kevin Kirby. APPROVED 15-0.
51. Commission to reconsider Docket No. 76-97 ADLS Amend., an amended
Architectural Design, Landscaping, Lighting, and Signage application for the C & C Realty
Company.
Tabled at Committee
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61. Commission to consider Docket No. 3-99 O.A., proposed ordinance amendment to
the Planned Unit Development Ordinance, Section 31 of the Carmel/Clay Zoning Ordinance.
Tabled at Committee
71. Commission to consider Docket No. 12-99 ADLS Amend., an amended Architectural
Design, Landscaping, Lighting and Signage application for Barnes Investments. Petitioner seeks
approval to allow multi-colored tenant signage for the March Plaza. The site is located at the
northeast comer of Carmel Drive and AAA Way. The site is zoned B-8/Business.
Tabled at Committee.
J. New Business:
None.
There being no further business to come before the Commission, t e meeting~ at
11:15 PM.
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David A Cremeans, President
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