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HomeMy WebLinkAboutMinutes PC 01-19-99 u CARMEL/CLAY PLAN COMMISSION JANUARY 19, 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 January 19, 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 T. O'Neal, Sr.; 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 Counsel. .\ The minutes of the previous meeting were approved as submitted. New Members were administered the Oath of Office. ELECTION OF OFFICERS: u David Cremeans was elected President by UNANIMOUS CONSENT. James T. O'Neal, Sr. was elected Vice President by UNANIMOUS CONSENT. Pat Rice was elected to the Executive Committee as Member at Large by UNANIMOUS CONSENT. Tom Yedlick was initially elected as representative to the Board of Zoning Appeals 9-6; however, Statute dictates that one member of the BZA must represent the unincorporated areas of the Township; hence, it would be unlawful for Mr. Yedlick to represent the Plan Commission. Pat Rice was elected to serve as the Plan Commission's representative to the Board of Zoning Appeals by UNANIMOUS CONSENT. Paul Spranger accepted the appointment to the Hamilton County Plan Commission as the Carmel/Clay Plan Commission's representative. I. PUBLIC HEARING: u Ii. Commission to consider Docket No. 105-98 O.A., proposed ordinance amendments to the U.S. 31 Overlay Zone Ordinance. Filed by the Department of Community Services. s:\Plancomm\Minutes\pc1999jan 1 Michael Hollibaugh of the Department of Community Services appeared before the Commission and spoke to the U.S. 31 Overlay Zone Ordinance. The proposed amendments were brought up at a meeting of the U.S. 31 Task Force on December 17th, and the Task Force voted to move ahead to put some of the amendments in place. Michael Hollibaugh waived the Commission's formal 15 minute presentation. D Dave Cremeans then asked for public comments, favorable and unfavorable; no one appeared and the public hearing was closed. There were questions and discussion from the Commission members. Rick Sharp was concerned about the provision for retail space and thought there was language to prohibit the filing of a single development plan to cover parcels bisected by U. S. 31. John Molitor commented that the best approach was to amend the definition of Development Plan so that it applies not only to the U.S. 31 Overlay Zone but to the other Overlay Zones as well; this was neglected to be included in the definition. The Development Plan definition, Section 3.7, was then amended to read: A Development Plan may include only parcels that are contiguous and on one side of a United States or State Highway. The vote on Paul Spranger motion was unanimous. (15-0) Rick Sharp then moved for the suspension of the rules in order to consider Docket No. 105-98 O.A., seconded by Paul Spranger. Motion Approved. Paul Spranger then moved to approve Docket No. 105-98 O.A., proposed ordinance amendments to the U.S. 31 Overlay Zone Ordinance, seconded by Norma Meighen. The motion was approved 12 in favor, none opposed, Marilyn Anderson, Leo Dierckman, and Ron Houck abstaining. 2i. Commission to consider Docket No. 93-98 Z., a rezone application for Allen Weihe and Mike DeBoy. The petitioners seek approval to rezone one-third ofan acre from R-3/Reidence to B-l/Business. The site is located at the northwest comer of 10Sth Street and Jessup Boulevard. The site is zoned R-3/Residence. Filed by Jim Nelson of Nelson and Frankenberger. Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Commission representing n Weihe Engineers, and principals Allen Weihe and Mike DeBoy. Weihe Engineers has U s:\Plancomm\Minutes\pcI 999jan 2 u occupied the 2 story office building at 10505 North College since the 1970's. An aerial photograph displayed the general area identified as Home Place, the major intersection of which is 106th and College. Over the years, Weihe Engineers has grown and the need arises to expand their parking area. The area is one of diverse uses, consisting of businesses and residences side-by-side. In the immediate area, there are a number of single family homes that have been converted to office use. The plat for Orin Jessup's addition to Home Place was recorded in 1916. The subject lots comprise one-third of an acre. The perimeter boundaries are 105th Street, an alley from 105th northward to 106th, and Jessup Boulevard that proceeds in a northeasterly direction from 105th to 106th Streets. The base of the triangular piece of real estate is a shared property line with a business known as Fumigation Service and Supply. Informational booklets have been provided showing the site plan for the parking area arid the 39 parking spaces proposed. All Technical Advisory Committee concerns have been addressed. A landscape plan has been prepared in compliance with the request of the Department of Community Services, and the request from the Hamilton County Highway Department for the dedication of additional right-of-way on 105th and Jessup Boulevard have been agreed to. .. Members of the public were invited to speak in favor or opposition to the proposed rezone application; the following appeared: u David Green, directly opposite the proposed property on the west side of College wondered what the proposed ramifications were as far as increasing or decreasing the value of his home. Jack Edwards, 10475 Cornell, spoke of Allen Weihe as being a good neighbor, but would like to see the name of the street corrected from Jessup Boulevard to Union Traction Boulevard as platted. , William Bernard, 104th Street in Home Place, asked what provisions had been made to handle storm drainage from the parking lot runoff. Mr. Nelson rebutted thusly: Between Mr. Green's home on the west side of College and the proposed parking area, there exists the two-story office building as well as an alley way separating the office building and the triangular shaped parcel. It is unlikely that the parcel would be visible from Mr. Green's home-site. No negative impact on property values as a result of the proposed use of the real estate. u Mr. Edwards' comment regarding the name of the street is exactly correct. The plat of 1916 shows the street as Union Traction Boulevard and the petitioner is not opposed to the change in street name. s:\Plancomm\Minutes\pc1999jan 3 The plans for the parking area were submitted to the Technical Advisory Committee for review. Certain questions were asked regarding the drainage, and those questions were resolved satisfactorily. u Bob Modisett moved for the suspension of the rules, seconded by Rick Sharp, motion approved. Bob Modisett moved for the approval of Docket No. 93-98 Z, a rezone application for Allen Weihe and Mike DeBoy, seconded by Norma Meighen. APPROVED 15-0. 3i. Commission to consider Docket No. 97-98 PP/SP, a primary and secondary plat application for Reliastar. The petitioner seeks approval to plat 3 lots on 8 acres known as Block 17, Carmel Science and Technology Park. The site is located at the southeast comer of Carmel Drive and Old Meridian Street. The site is zoned M-3/Manufacturing. Filed by Gary Murray of Paul 1. Cripe. Mark Monroe reported that the required notice to adjacent property owners was done at least 23 days prior to the meeting; the public notice to the newspaper was published 21 days prior to the meeting--neither date meets the requiremeftt deadline of 25 days. The rules would have to be suspended prior to hearing this item. '. Paul Spranger moved for the suspension of the rules; UNANIMOUSLY APPROVED. Gary Murray, engineer with Paul 1. Cripe, appeared before the Commission representing 0 the petitioner. The site, bounded by Old Meridian and Carmel Drive, was omitted from the original, conditional secondary plat for the Carmel Science and Technology Park. The petitioner is proposing to plat 3 lots and grant an additional 10 feet of right-of-way along Carmel Drive to allow for Carmel Drive Beautification plan. No new infrastructure is planned. The purchaser of the blocks would appear before the Plan Commission for ADLS approval. The petitioner has submitted a primary and secondary plat to the Department of Community Services and has gone through Technical Advisory Committee review. Members of the public were invited to speak in favor or opposition to the project; none appeared and the public hearing was closed. Mark Monroe commented that the Department is recommending approval. The rules will need to be suspended prior to voting on the petition. Ron Houck questioned access to the parcel--how this parcel will be served by curb cuts-- at what streets and what location. Is there a concern with the close proximity to the intersection as a comer lot on two major thoroughfares as to which would best service? Mark Monroe responded that the curb cut issue is an important one. The City's view has D been that the proper place for curb cuts in this area are actually shared curb cuts between the individual lots, and the curb cut along Carmel Drive would align with the cut across s:\Plancomm\Minutes\pc1999jan 4 u the street. The actual location of the curb cuts is still subject to Board of Public Works Approval. Furthermore, all Technical Advisory Concerns have been addressed. Easements have been shown on the plat for shared access. Rick Sharp moved to suspend the rules, seconded by Bob Modisett~ UNANIMOUSL Y APPROVED. Rick Sharp moved to approve Docket No. 97-98 PP/SP, seconded by Paul Sv'anger. (Approval conditioned upon curb cut language being included in the plat) APPROVED 15-0. 4i. Commission to consider Docket No. 98-98 DP/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 office building 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. L Brian Pahud, 12621 Spring Mill Road, Carmel, of Landmark Properties appeared before the Commission representing the petitioner. Approval is being requested to construct an office building. The access drive would align with the MedChecklShepherd Insurance drive on the south side of Carmel Drive. The access onto Old Meridian is located at the property lines and allows for the shared access between the lots. The drives were discussed at the Technical Advisory Committee meeting. Building One will contain 10,000 square feet~ Building Two, approximately 8500 square feet. The petitioner is providing 84 parking spaces. Also, 45 feet of right-of-way has been provided for the street-scape or beautification of Carmel Drive. .' The development will have a residential look and will blend with the MedCheck building across the street. Mr. Pahud distributed samples of the building materials to be used. There is currently a log cabin on the site that will be demolished. Members of the public were invited to speak in favor or opposition to the proposed project~ none appeared and the public hearing was closed. Kevin Kirby spoke to the Commission as a member of the Old Meridian Task Force. The proposed building will front on Old Meridian and while it is a nice development, it does not fit what was anticipated in the Old Meridian corridor. Tom Yedlick asked about the curb cut onto Carmel Drive that does not center between the two properties. Mr. Pahud responded that the curb cut with Shepherd Insurance aligns, however, the property line and the curb cut with Shepherd Insurance is off-set. u Rick Sharp agreed with Kevin Kirby's comments and recommended that this project be sent to the Special Study committee for further review. s:\Plancomm\Minutes\pc 1 999jan 5 Docket No. 98-98 DP/ADLS, Landmark Properties, was referred to the Special Study Committee that will meet on Tuesday, February 2nd at 7:00 PM in the Caucus Rooms. D 5i. Commission to consider Docket No. 100-98 PP/SP, a replat application for Habitat for Humanity. Petitioner seeks approval to replat 3 lots on 3/4 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-l/Residence. Filed by John Alsop of Habitat for Humanity. Rick Roesch, 832 Spruce Drive, Carmel, appeared before the Commission on behalf of Habitat for Humanity. John Crum, Executive Director of Habitat for Humanity was also in attendance. Habitat is a Christian organization dedicated to providing housing for persons who live in sub-standard housing and do not have adequate income to afford housing. The homes are constructed with donated materials and volunteer labor~ financing is provided with interest free loans. There is a lot of prosperity in Hamilton County, but there are also about 8,000 persons who are living in sub-standard housing. Survey results showed that homes should be being built in the communities where the donations are provided. At this time, there are sponsors for the homes and funding is available. The lot is approximately 85 feet deep, located at the southeast comer of 104th Street and 0 Combs and runs approximately 561 feet along 104th Street. It will be necessary to re- locate a storm drain and bringing water to the site is required. Members of the public were invited to speak in favor of the petition~ the following appeared: William Bernard, 10398 North Ethel in Home Place, owner of the subject site, was very much in favor of the project and looking forward to the homes being built in his neighborhood. Members of the public were invited to speak in opposition to the petition~ the following appeared: Dave Parker, 1028 Bristol Road, directly south of the subject site, expressed concern with the proposed development. The lot meets specifications to rezone and locate the three homes~ however, the lot is very thin. Because of the setback from 104th Street, the houses will be pushed back to the neighboring property lines. Mr. Parker felt that the current proposal would adversely affect the resale value of the homes. Water drainage is definitely an issue for the property. Mr. Parker felt that the project was being rushed, even though the 25 days public notice was met. The development would change the aesthetics of the neighborhood dramatically and cause other problems as well. Mr. U Parker was in favor of tabling the project for now. s:\Plancomm\Minutes\pc1 999jan 6 u Diana Parker, 1028 Bristol Road, Home Place, stated that the property is directly behind her home and has always been a wooded area. Information off the Internet shows that a Habitat Home can be built for $36,000. and the market value is approximately $60,000. Home Place area is improving, the homes and the residents; the residents have added their own City water and sewers out of their own pocket. Mrs. Parker stated that she had no problem with the program, but the residents are trying to improve their area and not with $36,000. homes. Ms. Parker felt that the current proposal will hurt property values. The neighborhood is struggling and trying to improve, and the proposal will detract from the aesthetics of the neighborhood. Ms. Parker asked that the Commission take all of the above into consideration. u Debbie Merrick, 10450 Ethel, Home Place, expressed opposition for three reasons. 1) The proposed site accommodates the drainage for the area and if not properly addressed, the entire neighborhood will suffer. Building on the swale will create a water problem for the new homes and a chronic problem as long as the homes exist. 2) Reducing the lot size to accommodate three homes limits the ultimate value of the homes; there is not enough ground to build garages. Average home square footage in the area has been steadily increasing and in several cases, smaller homes have been razed and replaced with 1,800 square foot homes. The habitat homes are 1100 square feet and the owners cannot alter the home until the mortgage has been removed. 3) The infrastructure for Hamilton County does not support this type of project. The only type oftransportation in the area is cars and taxi--there is no bus service. Ms. Merrick requested that an independent drainage study be implemented to determine if the land should be developed at all. .' Lee Cramer, 1038 Bristol Road, was concerned about severe electrical problems in terms of number of homes per transformers. Water was installed recently and may not be able to support the proposed development; drainage is definitely a problem. Mr. Cramer echoed Mr. Parker's comments as far as having some additional time to work with Habitat, examine the plans, and perhaps improve on the plans. The streets in the immediate area definitely cannot support heavy construction equipment. Kim Norman, 1220 East 104th Street, Home Place, directly north of the proposed development, was concerned mainly about drainage. Ms. Norman was also concerned that the proposed development would have a negative effect on property values. The roads are narrow and if the proposed homes have no garage, and limited space in driveway areas; the streets cannot accommodate parking. Ms. Norman was opposed to the number ofhomes--perhaps two could be constructed, but not three. Most of the homes in Little Farms are on one acre lots and to construct three homes on 3/4 acre would damage the integrity of the neighborhood. Keith Norman, 1220 East 104th Street, Home Place, was opposed to the number of homes to be constructed; one home would be fine. Habitat is a great program and if they are willing to work with the neighbors, it could be worked out. u The public hearing was then closed. s:\Plancomm\Minutes\pc 1999jan 7 Rick Roesch responded that Habitat had attempted to work with the neighbors and meet with them; only one person had shown up at a meeting on Saturday. One misconception U is that although the average cost of the home might be $36,000. in many areas it is much higher than that; in some rural areas it is lower. Upon completion, the homes will have an immediate market value between $90, and $110,000. The homes are 1100 square feet and are larger than a number of homes in the area. The petitioner has worked very hard to address all the concerns of the Technical Advisory Committee regarding the drainage. Moving the swale on one lot, revising and replacing the drains, and installing manhole covers will resolve drainage problems. There is room for garages and the driveways will be re-aligned to the side to allow for the construction of a garage. There is a diversity of housing in this particular neighborhood: small to large, inexpensive to expensive homes. The homes proposed are not flat roof--they have elevations in keeping with many homes in the neighborhood and are thought to be a credit to the neighborhood rather than a detriment. Tom Lazzara, board member of Habitat for Humanity, addressed the Commission with the following comments. The lot sizes are approximately 117 feet of road frontage in two lots, and approximately 85 feet deep; the third lot is 177 feet of frontage and 85 feet deep. The lots are comparable size to other subdivisions within the City. The lots directly behind the proposed site average 83X160; none is any different in square footage than the lots proposed. There are numerous duplexes in the neighborhood and those homes proposed are single family residences. In Mr. Lazzara's opinion as a real estate agent for 25 years in the Carmel area, the proposed homes would have virtually no effect on the 0 homes behind them; it is a separate subdivision and their property values are determined by comparable properties within their subdivision. Generally speaking, property values would be affected by a commercial building in the immediate area, backing up to an interstate, or fronting on a major thoroughfare. Over the past few years in the Home Place area, there have been at least 20 duplexes constructed in the overall neighborhood and single family homes will increase property values. Mark Monroe reported that the Department is recommending approval; there are no unresolvable T AC issues at this time. Ron Houck asked that the petitioner consider the construction of a garage, even a single car, at the time of the construction of the home. Docket No. 100-98 PP/SP, Habitat for Humanity, was referred to the Subdivision Committee for further review. The Committee will meet on Tuesday, February 2nd at 7:00 PM in the Caucus Rooms of City Hall. NOTE: Items 6i., 7i., and 8i. were heard together. 6i. Commission to consider Docket No. 102-98 DP/ADLS, a Preliminary and Final Development Plan, and Architectural Design, Landscaping, Lighting, and Signage U applications for ATAPCO, Inc. The petitioner seeks approval to construct three 90,000 square foot office buildings on 23 acres. The site is located at the northeast comer of s:\Plancomm\Minutes\pc1999jan 8 u Carmel Drive and Guilford Avenue (Block 13, Carmel Science and Technology Park.) The site is zoned M-3/Manufacturing. Filed by Joe Scimia of Baker and Daniels. 7i. Commission to consider Docket No. 103-98 SP., a secondary plat application for ATAPCO, Inc. The petitioner seeks approval to plat 1 lot on 23 acres known as Block 13, Carmel Science and Technology Park. The site is located at the northeast comer of Carmel Drive and Guilford Avenue. The site is zoned M-3/Manufacturing. Filed by Joe Scimia of Baker and Daniels. 8i. Commission to consider Docket No. 104-98 Z, a change of commitment application for Reliastar. The petitioner seeks approval to change a previous commitment to allow two access points on the east and west side of Guilford Avenue, north of Carmel Drive, respectively. The sites are located at the northwest and northeast comers of Carmel Drive and Guilford Avenue. The site is zoned M-3/Manufacturing. Filed by Joe Scimia of Baker and Daniels. u Joe Scimia, attorney with Baker and Daniels, appeared before the Commission on behalf of ATAPCO, Inc. and Reliastar Life Insurance Company. Approval is being sought to develop a commercial office project on Block 13 of the Carmel Science & Technology Center. The petitioner is an affiliate of American Trading Real Estate Properties, Inc., a national developer of real estate projects throughout the country. The petitioner has three existing projects in Carmel: Carmel Corporate Center; owner and operator of the Technology Center; and owner/manager of the Arbors Apartments. .' The site is a 23 acre parcel located within the Carmel Science & Technology Center known as Block 13, bounded on the north by Adams Street, on the west by Guilford Avenue, on the south by Carmel Drive, and on the east by Clark Street. The first petition is a request for final Secondary Plat Approval. In the Carmel Science & Technology Center, many blocks received conditional secondary plat approval. The second petition is for a modification of certain commitments made in connection with the initial zoning of the property when the Park was created in 1982. The commitments specify no curb cuts along Guilford south of 126t Street. Circumstances presently warrant access along Guilford Avenue to this particular property. Preliminary Plat approval is also being requested for the entire Block 13 consisting of3, two-story office buildings pursuant to the M-3 Zoning Classification as well as Final Development Plan and ADLS approvals for Phase I, (Building 1) of the proposed development. u The Preliminary/Secondary Plat previously approved for this site has had two modifications. As a result of various agencies, the petitioner has agreed to dedicate additional right-of-way along three of the four streets that border this property: Guilford Avenue right-of-way has been increased from 25 feet to a 40 foot one-half right-of-way; along Carmel Drive, the one-half right-of-way has been increased from 35 feet to 45 feet; and along Adams Street, the one-half right-of-way is being increased from 35 to 50 feet. s:\Plancomm\Minutes\pc1999jan 9 The petitioner has also agreed to the dedication of certain drainage easements located within Block 13. There is a two acre detention/retention area that serves many of the D public infrastructure improvements for surface water management as well as the Carmel Science & Technology Park. A drainage easement was created to cover the actual lake as well as the existing drainage facilities that flow into and out of the lake. The final Secondary Plat approval does meet the requirements of the subdivision control ordinance and the petitioner is requesting approval. The second petition is a modification of commitments made in September, 1982, modified in October 1982 in connection with the original zoning of the Park to the M-3 Zoning Classification. The commitments provide for no access along Guilford Avenue south of 126th Street. The petitioner has requested a modification of those commitments to allow two curb cuts on Guilford Avenue between Adams and Carmel Drive on the east and west side to facilitate the development on Block 13 as well as Block 7 owned by Reliastar. The third request is for a Preliminary Plan approval for Block 13. American Training and Real Estate Properties is the owner and developer of all of their projects and it is their corporate philosophy to own their projects. As a result, a single lot subdivision of this block is being requested and there will only be one lot upon which three buildings will be developed as permitted by Ordinance. The Plan is for a two or more phase development ofthree buildings, each two stories and 90,000 square feet. There would be two curb cuts on Guilford, three on Clark, none on Carmel Drive, and none on Adams. Three buildings 0 would be oriented around the lake in the center of the lot. Phase I will be one two-story building consisting of approximately 90,036 square feet accessed by two curb cuts on Guilford. The parking lot will accommodate 466 spaces. The landscape plan provides for plantings along the perimeter of the parking lot, islands, and buildings. The building exterior will consist of silver and gray panels with green cut glass and metal coping. There are four signs included in the sign package: A center identification ground sign located at the corner of Guilford and Carmel Drive stating "Lakeside Corporate Center." The petitioner is requesting that this sign be placed on a two foot berm and landscaped. A multi-tenant, building complex directory sign is proposed as well as a building directory sign for the entrance into the building, and a building identification sign stating the address on the south elevation. Members of the public were invited to speak in favor of the proposed development; no one appeared. Members of the public were invited to speak in opposition to the proposed development; the following appeared: Robert Moore, 824 Mountain Ash Court, Carmel, owner of property at 598 West Carmel Drive, immediately east of the proposed site. Mr. Moore asked for clarification of the n access points along Clark Street and if they align with the existing access points. U s:\Plancomm\Minutes\pc1999jan 10 u Mr. Scimia responded that there are only two existing curb cuts on the east side of the street for Clark and yes, the curb cuts do align. There is a third curb cut located halfway between the two existing which is proposed for future development. Mark Monroe reported that on all three Docket items, the Department is recommending approval. Norma Meighen recommended that these items go to the Special Study Committee, Rick Sharp concurred. Ron Houck expressed concern over the number of curb cuts. Bob Modisett moved for the suspension of the rules in order to vote, seconded by Paul Spranger. MOTION DENIED 5-10. Docket Nos. 109-98 DP/ADLS, 103-98 SP, and 104-98 Z for ATAPCO and Reliastar were referred to the Special Study Committee for further review of curb cuts, lighting plan, and parking spaces. The Committee will meet on Tuesday, February 2nd in the Caucus Rooms of City Hall, Carmel. u 9i. Commission to consider Docket No. 61-98 PP Amend., an amended plat application for Ray Roehling. Petitioner seeks approval to amend the primary plat application for the Brighton Woods Subdivision. The petitioner seeks approval of variances to eliminate the required accelldecel lanes, to allow a private drive, and to allow a sidewalk only on one side of the cul-de-sac street. The site is located one-quarter mile north of 1 16th Street, on the east side of Hazel Dell Road. The site is zoned S- IlResidence (Open Space Subdivision.) Filed by Ed Fleming of Stoeppelwerth and Associates. Ray Roehling, 11722 Bradford Place, Carmel appeared before the Commission as developer of Brighton Woods Subdivision. The developer is removing his request for the installation of a private cul-de-sac with a hammerhead turnaround, and also removing his request for the elimination of accelldecel lanes on Hazel Dell Parkway. Mr. Roehling is formally requesting the deletion of sidewalks along the western border of the cul-de-sac; there are no homes proposed on the west side of the cul-de-sac. Members of the public were invited to speak in favor or opposition to the proposed development; none appeared and the public hearing was closed. u Mark Monoe reported that the Department is recommending approval of the variance to eliminate the sidewalks along the western border of the cul-de-sac. The Secondary Plat, Section I of Brighton Woods, was also refered to the Commission by the Subdivision Committee and there are no outstanding issues. The Department is also recommending approval of the Secondary Plat, Docket 91-98 SP. s:\Plancomm\Minutes\pc1999jan 11 In response to questions from Bob Modisett regarding connection to the Park, Mr. Roehling stated that a nature path and access path remain. The areas connect through a 2 and one-half acre nature area to maintain access to the park. Rick Sharp moved for the suspension of the rules in order to vote on this item, seconded by Pat Rice. UNANIMOUSLY APPROVED. D Rick Sharp moved for the approval of Docket No. 61-98 PP Amend, APPROVED 14 in favor, Jim O'Neal opposed. Rick Sharp moved for the approval of Docket No. 91-98 SP, seconded by Pat Rice. APPROVED 14 in favor, Jim O'Neal opposed. J. Old Business: 1j. Commission to consider Docket No. 18-98 PP, a Primary Plat application for Brenwick Development. Petitioner seeks approval to plat 1099 lots on 681 acres. The site is located north of 116th Street, west of Clay Center Road, south of 136th Street, and east of Shelborne Road. The site is zoned S-l/Residence. Filed by David Warshauer ofBrenwick Development Company. David Warsq.auer ofBrenwick Development, 12722 Hamilton Crossing Boulevard, Carmel, appeared before the Commission representing the petitioner. Approval is being. 0 requested for the Primary Plat application for the Village of West Clay. The Village of WestClay is a Planned Unit Development unanimously approved by the City Council on January 4, 1999. The Planned Unit Development Ordinance adopted by the Council is also the Subdivision Control Ordinance for the District. The Primary Plat is the development plan which accompanied the Ordinance, and the plat conforms in all respects to the Subdivision Control Ordinance. Mr. Warshauer commented that the development has come under close scrutiny by the Special Study Committee, the development has been reviewed by the Technical Advisory Committee three times, and has had two public hearings. The Board of County Commissioners has approved the street design standards including street trees, park benches, etc. shown on the primary plat. The review process has been a long one, and Mr. Warshauer requested a favorable vote so that the petitioner could proceed with constructing a high quality project that the City and Township can be proud of. Mark Monroe commented that copies of the Rezone Commitments had been received this day in recordable form; this addresses the one remaining issue on the plat item. John Molitor reported that unlike a typical plat, the Development Plan essentially came D through the Commission as part of the Planned Unit Development Ordinance. There are only 10 or 12 very technical provisions in the Subdivision Control Ordinance that are s:\Plancomm\Minutes\pc 1999jan 12 u incorporated in their PUD Ordinance. Typical issues of a subdivision that might come before the Plan Commission are not before us because those issues were dealt with within the PUD process and already approved by the City Council. There was then discussion among the Commission members regarding the plat. Rick Sharp felt that a full review should be made of the plat by either the Subdivision or Special Study Committee and point out any deficiencies or changes that have been made by the developer~ a full report should then be rendered to the Commission. Ron Houck was in agreement with Mr. Sharp's comments. Ron Houck suggested that it was appropriate to send this to the Subdivision Committee; however, there is precedence for review by both Committees. Rick Sharp concurred. In response to Jir.l O'Neal's questions as to whether or not the Department had studied the . plat, Mark Monroe stated that the Department's review included not only the rezone but also the plat. In discussing the PUD Ordinance as a committee, the plat was also being discussed because they are so intertwined. Norma Meighen moved for approval of Docket No. 18-98 PP, for Brenwick Development known as Village of West Clay. u In response to further questions, Mark Monroe reported that there are no Technical Advisory issues outstanding and that the plat is consistent with the development plan in all respects. Pat Rice questioned the status of Hoover Road; Dave Warshauer stated that the petitioner is prepared to go ahead with the Board of Commissioners and the process will commence as soon as the petitioner is ready to do so as soon as the plat is approved. There was further discussion regarding the date of the most current plat, the number of unplatted but available lots under the ordinance, and the reduction in the number of permitted dwellings that which reduced the number of apartments. Dave Cremeans stated favor with sending this Docket to committee on February 2nd. Inasmuch as Committee assignments have not yet been made, Mr. Cremeans was in favor of a Committee of the whole Commission, single item agenda. David Warshauer commented that the petitioner had done everything to show the community exactly what to expect from the proposed development and how it was to be put into place. This item could be sent back to Committee, but frankly speaking, nothing will change. This is the plan, this is what has been talked about, studied, and reviewed for over a year, this is what the Council has looked at--it is very frustrating at the possibility of not bringing it to a vote. u Kevin Kirby commented that he could not think of a single issue that had not been discussed thoroughly. Nothing would be gained by sending this Docket back to s:\Plancomm\Minutes\pc 1999jan 13 Committee at this time--Mr. Kirby felt it would be a waste of time. Jim O'Neal concurred. D Ron Houck again voiced favor with sending this Docket to committee; 30 days would not affect the viability of the project. Paul Spranger interjected that it was each Commission member's responsibility to have reviewed the primary plat before voting this evening. The petitioner has done everything that the Plan Commission, Committee Chairmen and Staff have asked. Norma Meighen then re-stated her position on the project and again made motion for approval of Docket No. 18-98 PP, seconded by Jim O'Neal. Rick Sharp stated that there are questions in details. The people in Clay West are not ready for closure of this item and in fact, are not represented by the Council who approved the PUD. Mr. Sharp was in favor of sending the project back to Committee. Tom Yedlick asked for clarification of the procedure. John Molitor then explained that 8 votes are required for official action and there must be a factual basis for approval or dis- approval of the plat. Dave Cremeans felt that the Commission had not done its job in looking at the plat. In order to be fair to the community, the Commision, and the petitioner, Dave Cremeans wanted to send this item to Committee (Committee as a whole), and then bring it to a vote at the next full Plan Commission. o Rick Sharp moved to postpone this Docket until the next, regularly scheduled meeting (February) of the full Commission and review by Committee in the interim, seconded by Pat Rice. George Sweet then addressed the Commission regarding the proposed project and requested that this matter be brought to a vote this evening. Dave Cremeans asked for a vote by a show of hands on the motion to postpone; the motion failed 7-8. Norma Meighen again stated her motion to approve Docket No. 18~98 PP. APPROVED 8 in favor, none opposed, 7 abstaining (Marilyn Anderson, Dave Cremeans, Madeline Fitzgerald, Ron Houck, Bob Modisett, Pat Rice, and Rick Sharp.) 2j. Committee to consider Docket No. 70-98 Z, a change of zoning commitment application for Meijer. Petitioner seeks approval to change a previous rezone commitment to allow an automobile service station. The site is located at the northwest comer of Old Meridian Street and Carmel Drive. The site is zoned B-3/Business. D Filed by Matt Maudlin of CSO Engineers. s:\Plancomm\Minutes\pc1999jan 14 u Matthew Maudlin of CSO Engineers, 9100 Keystone Crossing, Suite 200, Indianapolis appeared before the Commission representing the petitioner. Approval is being requested to change a previous rezone commitment to allow an automobile service station on site. The facility will have the look of a branch bank and a residential style character. The petitioner has met with the Special Study Committee on three occasions and details and concerns have been ironed out. The Special Study Committee also consists of some members of the Old Meridian Task Force. The service station has been re-Iocated from the southwest comer of the site to the southeast corner of the site as per the recommendation by members of the Study Committee who also serve on the Old Meridian Task Force. The shade trees are within newly proposed islands to delineate the areas proposed as service stations; evergreens are also being added. The service station is situated to abut the back of the existing sidewalk, as per the suggestion of the Old Meridian Task Force members. The building will have a brick veneer, sloped roofs with three dimensional asphalt shingles, and minimal signage for gasoline pricing (no ground sign is proposed.) Proportionately, the canopy will be lowered slightly. u The petitioner has agreed to certain commitments approved by the Plan Commission and Board of Zoning Appeals. No repair or maintenance of motor vehicles will occur on the service station site; no products "For Sale" will be displayed or stored out of doors; and no window signage will be displayed at the facility. The petitioner also commits that the service station will be constructed with brick veneer; the service station will be styled with residential style, pitched roof with three-dimensional asphalt shingles; no exterior signage other than what is shown on the building and canopy as per the rendering of plans submitted to the Special Study Committee; and the building will look substantially like what has been illustrated on the render boards submitted to the Special Study Committee. The petitioner is formally requesting a change of zoning commitment and will re-appear before the Technical Advisory and ADLS review. Mark Monroe reported that the Department is recommending approval with the proposed changes in the commitment. The commitments will be in proper form and recorded. The Development Plan and ADLS approval will be appearing before the Plan Commission and the application for Special Use will be presented to the Board of Zoning Appeals for approval as well as a variance application for the front yard setback requirement. u Rick Sharp, chairman of the Special Study Committee reported that the petitioner has worked really hard and has been most cooperative to come into compliance with up- coming ordinances. The Committee had recommended approval by a vote of 4-1. s:\PI::mcomm'MinUleS'.pc 1999i:ln 15 Paul Spranger confirmed that the petitioner will review the proportionality of the structure and the canopy will be lowered--the petitioner is willing to add this item to its commitment. There will also be no signage in the windows of this facility. Mark Monroe reported that this business would be allowed a "Grand Opening Banner" to be displayed for approximately 3 weeks, and also allowed a temporary banner in lieu of their permanent signage. D Rick Sharp moved for the approval of Docket No. 79-98 Z, a change of zoning commitment application for Meijer, seconded by Kent Broach. APPROVED 13 in favor, Jim O'Neal and Tom Yedlick opposed. NOTE: Items 3j. and 4j. were heard together and voted on separately. 3i. Commission to consider Docket No. 80-98 DP., an open space development plan application for Estridge DevelopmentCompany. Petitioner seeks approval to develop 40 lots on 18 acres known as the Overture Subdivision using the Residential Open Space Ordinance. The site is located at the northwest comer of 126th Street and Hazeldell Road. The site is zoned S-I/Residence. (The petitioner will also be appearing before the Board of Zoning Appeals for two developmental standards variance requests.) Filed by Steve Van Soelen of the Estridge Development Company. 4j. Commission to consider Docket No. 89-98 PP, a primary plat application for 0 Estridge Development Company. Petitioner seeks approval to plat 40 lots on 18 acres known as the Overture subdivision using the Residential Open Space Ordinance. The petitioner also seeks approval of three variances of the Carmel/Clay Subdivision Regulations to permit a reduction of the street width from 30 feet to 24 feet, a reduction in the required street curve radius from 150 feet to 75 feet, and to allow comer lots to be the same size and shape as the interior lots. The site is located at the northwest comer of 126th Street and Hazeldell Road. The site is zoned S-I/Residence. (The petitioner will also be appearing before the Board of Zoning Appeals for two developmental standards variance requests.) Steve Van Soelen, Estridge Development. 1 041 West Main Street, Carmel appeared before the Commission and gave a brief overview of the proposed development located at the northwest comer of 126th Street and Hazeldell Parkway. The plan consists of27% open space which includes a large strip around the perimeter to allow a jogging/walking path and also paths which traverse the community to allow each lot access to the open space. The homes will be Estridge custom homes and priced an average of$340, to $350,000. The development will consist of 40 lots and will be constructed in two sections; the first section located off 126th Street, the second section located off Hazel Dell Parkway. The project was reviewed by the Subdivision Committee in December and a unanimous approval was given for the Development Plan. The petitioner has committed to D s:\Plancomm\Minutes\pcI999jan 16 u covenants specifying wrought iron fencing, two trees per home site, and final landscape material to be approval by the Department of Community Services. The homeowners of Timber Crest Bend are in full support of the development plan and have submitted a letter to the effect. The Department of Engineering had expressed concern with the proposed street widths. The petitioner has agreed to a street width of 26 feet, parking on one side of the street, and no parking in either of the curve areas, and a posted speed limit of 15 mph. The only way the parking requirement could change would be to appear before the Plan Commission or before the City after formal street dedication to enact an ordinance. The right-of-way will remain at 50 feet, and no trees will be planted within three feet from the back of the curb. .. Ron Houck questioned the City Engineer's rationale for approving the reduction in the street width, and also questioned the curve radius change. Steve Van Soelen responded that the design speed of the turn is 15 mph and the reduction in the radius has been approved by the City Engineer. The reason for the request for smaller streets and decrease in the radius is to create an entire community feel--not a typical subdivision but for "masters buyers" or commonly known as empty nesters. The subdivision will not generate a lot of traffic trips and the goal was to calm the traffic within the development to allow for a more tranquil, intimate setting. u Tom Yedlick expressed concern that the development does not meet the Open Space Ordinance; the number of allowable lots would be 29 and the petitioner is requesting 40. The density is beyond that which is permitted by the Open Space Ordinance. Density is the main issue. Steve Van Soelen responded that the density for this particular development is 2.2 units per acre; the density under the Comprehensive Plan for this area is 1.3 to 3.0 units per acre and the development is well below the recommended density. The proposed development is a transitional piece ofreal estate--Hazel Dell Parkway is to the east, 126th Street to the south, the water plant to the east is an industrial use, and there is a church to the north that will never be residential. Most importantly, the people most directly affected fully support the proposed development and have submitted a letter to that effect. In response to Ron Houck's questions regarding the density, Steve Van Soelen stated that the petitioner will be appearing before the Board of Zoning Appeals for a variance for the number of units requested in the development plan. There are burdens on this particular site occasioned by the taking of 110 feet of right-of-way for Hazel Dell Road, coupled with the right-of-way taken for 126th Street, equaled approximately 4 acres. u Ron Houck moved for the approval of Docket No. 80-98 DP, Residential Open Space Ordinance for Overture Subdivision, seconded by Bob Modisett. APPROVED 12 in favor, Tom Yedlick and Rick Sharp opposed, Marilyn Anderson abstaining. s:\Plancomm\Minutes\pc 1999jan 17 Ron Houck moved for the approval of Docket No. 89-98 PP, Overture Subdivision, seconded by Bob Modisett. APPROVED 13 in favor, Tom Yedlick opposed, Marilyn Anderson abstaining. u Ron Houck moved for the approval of the following variances, as per the City Engineer's letter of December 23, 1998 (copy attached), seconded by Pat Rice. 1) Reduction in the curve radius to 75 feet and to restrict parking on the curve radius. APPROVED 13 in favor, Tom Yedlick opposed, Marilyn Anderson abstaining. 2) Reduction in street width to 26 feet. APPROVED 14 in favor, Marilyn Anderson abstaining. 3) Allow corner lots to be the same size and shape as the interior lots. APPROVED 14 in favor, Marilyn Anderson abstaining. 5j. Commission to consider Docket No. 95-98 ADLS Amend., an amended Architectural Design, Landscaping, Lighting, and Signage application for Duke Realty Investments. Petitioner seeks approval of the all sign criteria for the Hamilton Crossing East CompleL The site is located at the southeast corner of 126th Street and U.S. 31. The site is zoned B-2/Business and is located within the U.S. 31 Overlay Zone. (The petitioner will also be appearing before the Board of Zoning Appeals for three developmental standards variance requests.) Filed by Craig Flandermeyer of Duke Realty. Phil Nicely, attorney, 8888 Keystone Crossing, Indianapolis, appeared before the 0 Commission representin~ Duke Realty Limited Partnership. At the Special Study Committee on January 7 , the petitioner agreed: a) To allow no signs on the rear of the center unless it was for a store 4500 square feet or greater; b) The square footage of signage could be flip-flopped on the two end buildings of Building B; and c) The signage for Office Depot would be 130 square feet as opposed to 95 feet permitted by Ordinance. The petitioner also agreed to limit the colors of any signs on the development to red, green, and white. Rick Sharp, committee chairman, reported that the red is limited to the Office Depot store and the green is to match the color of the canopies. Paul Spranger recommended that the level of illumination on the signage not be excessive; the petitioner agreed to work with the Department. Rick Sharp moved for the approval of Docket No. 95-98 ADLS Amend., Hamilton Crossing East Complex, seconded by Paul Spranger. APPROVED 15-0. K. New Business: lk. Commission to consider Docket No. 99-98 ADLS Amend., an amended U Architectural Design, Landscaping, Lighting, and Signage application for the Carmel/Clay School Corporation. The site is located at the northwest corner of 136th s:\Plancomm\Minutes\pcI999jan 18 u Street and Keystone Avenue. The site is zoned R-2/Residence and is located within the Keystone Overlay Zone. (The petitioner will also be appearing before the Board of Zoning Appeals for a developmental standards variance request.) Filed by Steve Pittman on behalf of the Carmel/Clay School Corporation. Steve Pittman, 306 Mill Ridge Drive, Carmel, Indiana appeared before the Commission on behalf of the Carmel/Clay Educational Foundation and Todd Witsken Tennis Center Committee and former teammate of Todd Witsken. The proposed facility will be funded privately and will consist of five tennis courts and a tennis house by the existing courts. The proposed site is bounded by Keystone Avenue to the east, the football stadium to the west, and 136th Street to the south. The five courts will extend into the Keystone Overlay Zone. As part of the ADLS review, the petitioner is asking for a variance from the 30 foot greenbelt buffer requirement. The landscape plan provides for a continuation of the landscaping that is presently around the existing 10 courts. I The tennis house is not part of the current review process. Mark Monroe reported that the BZA will be considering the variance request for the greenbelt on Monday, January 25th. The Department is recommending approval. u In response to questions from Paul Spranger, Steve Pittman stated that the present plans are not to light the courts. Rick Sharp moved for the approval of Docket No. 99-98 ADLS Amend., Carmel/Clay School Corporation, Todd Witsken Tennis Center, seconded by Paul Spranger. APPROVED 15-0. 2k. Commission to consider Docket No. 106-98 ADLS Amend., an amended Architectural Design, Landscaping, Lighting, and Signage application for the First Indiana Bank. Petitioner seeks approval to construct a 2,700 square foot bank building on.6 acres. The site is located at the southwest corner of AAA Way and Merchants' Square Drive. The site is zoned B-8/Business. (The petitioner will also be appearing before the Board of Zoning Appeals for two developmental standards variance requests.) Filed by the Carmel Redevelopment Commission. Rick Roesch, 832 Spruce Drive, Carmel, appeared before the Commission as president of the Carmel Redevelopment Commission and on behalf of First Indiana Bank. The First Indiana Bank has owned and operated the branch bank within the Merchants Square shopping area for 30 years. u The parking directly in front of the bank, and the current drive through off of AAA Way will not easily work if the location of the bank remains as it is. The City desires that the roads within Merchants Square be dedicated to the public. It is the desire of the City engineer that the offset be eliminated at the intersection of AAA Way and Medical Drive. s:\Plancornm\Minutes\pcI999jan 19 Although an older structure, the bank branch has been a successful one; however the re- U working of AAA Way has been detrimental to the bank. Sufficient ground did not exist for the Bank to be re-built with a drive through and also allow for the alignment of AAA Way and Medical Drive. In order to align the intersection, the City needed to acquire certain property from First Indiana; this could only happen if First Indiana could acquire property to the south and re-Iocate the Bank building. An agreemmt has been negotiated between First Indiana Bank and the Carmel Redevelopment C0mmission. The Redevelopment Commission will acquire a portion of First Indiana's property to align the intersection, and First Indiana will acquire the necessary property to the south in order to have a sufficient site for a new bank building. The existing structure will be razed and a new facility constructed with a drive through that would allow easy access and provide for free traffic flow at peak times. The Carmel Redevelopment Commission is requesting that the Plan Commission approve the Bank's petition, since the proposed plan would be beneficial to the entire Merchants Square Development. Phil Nicely, attorney, 8888 Keystone Crossing, Indianapolis, appeared before the Commission on behalf of First Indiana Bank and requested approval of the ADLS petition. The proposed plan provides for a slightly smaller site than the existing; the proposed bank will be one-story as opposed to the existing two-story bank and will have half the square footage; the drive through will enter from Medical Drive and exit onto AAA Way. The Bank will have frontage on AAA Way, however the building will face west. The landscape plan o The proposed architecture of the building will be more in the colonial style and will complement the existing renovation of Merchants Square. Fayade mounted signs are being requested on the four roof sides of the building. No monument signs are being requested. The lighting is shoe-box, down lighting no higher than 20 feet. Mark Monroe reported that the Department is recommending approval of the proposed development. There were questions, comments and discussion from the Commission members. Ron Houck commented that the existing parking (determined to be 17 spaces) is inadequate and by reducing the size of the site, the parking wiii be even more inadequate. Phil Nicely stated that in addition to acquiring ground from Dr. Barbour, the Bank will have the rights to three additional parking spaces, probably employee parking. Rick Sharp moved for approval of Docket No. l06-ADLS Amend., for the First Indiana Bank, seconded by Bob Modisett. APPROVED 14 in favor, none opposed, none abstaining. D s:\Plancornrn\Minutes\pc I 999jan 20 u Dave Cremeans requested that the Executive Committee meet at 6:30 PM prior to the next full Plan Commission meeting on February 16th (open to all Commission members.) Rick Sharp commented that the western part of the community does not have sufficient infrastructure to support further PUD developments. Carmel has provided infrastructure for growth, the County has not done the same for the Township and until such time as that occurs, efforts must be made to protect the citizenry and until such time, the PUD Ordinance must be removed from coming into play in western Clay Township. Rick Sharp then moved for an amendment to the existing PUD Ordinance restricting its use to areas east of U.S. 31, seconded by Ron Houck. APPROVED 14 in favor, none opposed. J There being no further business to come before the Commission, the meeting was adjourned at 12:50 AM. .. . /C\ ~o~ DaVId A. Cremeans, President u ~1-71~ R mona Hancock, Secretary u s: \Plancornm \Minutes\pc 1 999jan 21