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HomeMy WebLinkAboutMinutes PC 09-19-23 `i; of CggM City of C I /NDIANp CARMEL PLAN COMMISSION TUESDAY, SEPTEMBER 19, 2023 MEETING MINUTES Location:Council Chambers Room,2nd Floor,Cannel City Hall Members Present: Adam Campagna,Dubbie Buckler,Chaka Coleman,Brad Grabow(President),Jeff Hill,Josh Kirsh,Sue Westermeier, Christine Zoccola Members Absent:Adam Aasen Staff Present:Adrienne Keeling,Alexia Lopez,Christina Jesse,Joe Shestak,Mike Hollibaugh Legal Counsel:Aly McGrath,Sergey Grechukhin Time of Meeting:6:00 PM Declaration of Quorum:President Grabow: 8 members present,we have a Quorum. Approval of the previous Meeting Minutes:A Motion made by Kirsh and seconded by Campagna to approve the August 15,2023 PC meeting minutes. Approved 8-0,absent Aasen. Communications,Bills,Expenditures,&Legal Counsel Report 1. Plan Commission Resolution PC-09-19-23-a: CRC Resolution No.2023-25: The base assessment date for the Proscenium II Allocation Area will be reset to 1/1/2023 and 4 parcels will be removed from the Amended 126th Street Allocation Area. 2. Plan Commission Resolution PC-09-19-23-b: CRC Resolution No.2023-26: The base assessment date for the Franciscan North Allocation Area will be reset to 1/1/2023. IPetitioner: Bruce Donaldson,Barnes&Thornburg LLP: These items come from the Redevelopment Commission and neither of them change the proposed uses of these allocation areas.They are required to go through City Council and Plan Commission review to make sure they are consistent with the City's Comprehensive Plan. Kirsh: By removing this area directly south of City Hall from the TIFF district,if a tea house would go here,we would lose out on capturing taxes for this?Bruce Donaldson: Correct, it would all be City owned,so there wouldn't be any property taxes to capture. A Motion made by Buckler and seconded by Hill to adopt PC Resolutions PC-09-19-23-a,and PC-09-19-23-b. Approved 8-0,absent Aasen. Reports,Announcements&Department Concerns:Alexia Lopez: 1. Outcome of Projects at Committees a. Residential Committee: i. Docket No. PZ-2023-00014 PUD: Andrews PUD Rezone—Tabled to Oct.3. ii.Docket No. PZ-2023-00136 DP/ADLS,PZ-2023-00157-00162 V: The Edge at West Cannel—Discussed and continued to Oct.3. b. Commercial Committee:N/A Public Hearings Grabow: Explained the Plan Commission's(PC)Rules of Procedure for a public hearing. 3. Docket No.PZ-2023-00138 DP/ADLS: LEO Cottages and Multi-family at The Legacy. The applicant seeks site plan and design approval for a new apartment complex with 350 units made up of cottage style homes and three 4-story buildings as well as a future commercial parcel. The site is located at the southwest corner of 146th Street and Community Drive. It is zoned Legacy PUD(Z-501-07 and Z-679-22). Filed by Jim Shinaver and Jon Dobosiewicz of Nelson&Frankenberger,on behalf of Advenir Oakley Development,LLC. Commissioner Zoccola has recused herselffrom this item due to a conflict of interest. 1 Plan Commission Minutes 9-19-23 Petitioner:Jon Dobosiewicz: • With me tonight are Scott Weathers of Advenir and Jim Shinaver of Nelson&Frankenberger • Presented site location map, site plan, renderings, and elevations • The PUD was originally approved in 2007,and the City Council approved the Ordinance Amendment in February 2023 which established the underline zoning requirements • Consist of 237 single family attached and detached rental homes,and 113 apartment units within the 3-story buildings along Community Drive • An internal sidewalk network will connect to the existing sidewalks within the Legacy • A 2.4-acre site will be developed commercially in the future and will come back to the Plan Commission for DP/ADLS review • Raised pedestrian crosswalks will be located on James Dean Drive • We will continue to work with Staff and the Committee on the architecture • Staff is recommending this is continued to the Oct.3 Residential Committee for further discussion Public Comments: Mazin Jaliwala,Ridge at the Legacy: We are directly adjacent to this site.I'm here with other members of our community.We had questions about how this construction would affect the perimeter tree preservation area. How much would be impacted?We are concerned with the impact this might have on wildlife here. Matt Mikrut,Ridge at the Legacy: I'm the 191 house off of 146th Street.Please enforce the 25-ft tree buffer along our eastern border.This spacing is very important to us as a safety aspect. Community Drive is currently a cut through,and we have concerns about traffic.Can speedbumps be put into place?I'm concerned about the student population at Prairie Trace Elementary and what the addition of 350 residential units will do. Cathy Newport,Grove at the Legacy: I researched the Advenir company. They have an F rating with the Better Business Bureau. The complaints listed were about residents complaining about nothing being done with their complaints. Paul Newport,Grove at the Legacy: We sent in a letter to the Planning Staff with questions and never got a reply back.I believe that resident parking will only be available on the street and no garages will be available. The addition of these units will create a lot of traffic in an already dense area. Rebuttal to Public Comments: Jon Dobosiewicz: • Tab 7 of the info packet contains the landscape plan and identifies the western perimeter.All improvements will be made in the subject real estate. There may be a tree preservation area that takes place in The Ridge at the Legacy. Invasive species will be removed,and additional plantings will be made on our side. • Traffic calming devices will be included on our site as discussed and agreed on during the Legacy PUD Ordinance Amendment. We presented that less traffic will be generated in what is being proposed in this development than what was being proposed before the PUD Ordinance Amendment. • Garage spaces will be included in different unit types. Surface and street parking will also be available. Department Report: Alexia Lopez: • The site plan follows the concept plan that was presented and approved during the PUD Ordinance Amendment • 3,multi-story apartment buildings along Community Dr.and Equality Blvd.,transitioning to smaller scale attached and some detached 1 and 2 story dwellings to the west • An amenity center with pool and workout facility is proposed for this development • Parking is available by attached garages,on-street parking,angled parking, large parking lot,and garages that could be rented by residents • We need the Petitioners to provide a bicycle parking plan,enhance the architecture of the street facing sides of multi-story apartment buildings A and B,provide a landscape plan that shows the building plantings and plantings along 146th Street,continue the masonry wainscot along the garage façade along the front of the cottage style buildings, lighting details,and identify the size of the proposed signage • Staff recommends this continued to the Oct. 3 Residential Committee for further review Commission Comments: Campagna: What's the parking ratio?Jon Dobosiewicz: Just under 2 spaces per unit.I'll confirm the count at the 2 Plan Commission Minutes 9-19-23 Committee. There's a standard specified in the PUD,and we will meet that standard. Buckler: What's on the immediate eastern side of this site?Jon Dobosiewicz: East of Community Drive,there's a vacant ipB arcel,a Wendy's,3-story JC Hart apartment buildings,3-story townhomes,and a daycare. uckler:Are there any ADA units being planned?Jon Dobosiewicz: Yes, I will bring the exact number to the Committee. Buckler: How wide is the tree line you plan to put on the far west side of this site?Jon Dobosiewicz: Approx. 15-ft. along the shared property line. Buckler: Is it possible to raise up the masonry brick another story in the elevations?Jon Dobosiewicz: We will bring an update of our elevations to the Committee. Westermeier: How many product types are available in single-family homes?Jon Dobosiewicz: 5 different product types.Westermeier: Can you bring in a more defmitive depiction of the product types?We need a much better idea about what you are proposing here.Jon Dobosiewicz: We can bring in pictures of similar products that were built different Cities.Westermeier: Bring in details of the amenities, like the pool and club house area. Kirsh: Bring in brick and stone samples of the hard building materials. Lock down the anti-monotony clause. Campagna: There's a standard we expect in developments. I don't like what I'm seeing in the renderings.I don't like the entrance sign with a phone number. Hill: We need to do a deeper dive into what the amenities are and what they look like. What's the trash plan for this development?How does trash pickup work with all the angled and on-street parking?Are there ways to work with the Engineering Department to slow the traffic down as much as possible.I want a community here that we would all be Iproud of. Scott Weathers,Advenier: We will provide a trash service to all of the community. We will have maintenance to pick up trash.One trash truck will go to the trash compactor area.Amenities include 2 fitness facilities,pool,fire pit, beer garden,pickle ball courts,ping pong tables,pocket parks,and dog park with DNA testing. 3 raised crosswalks and stop signs will be added along Community Drive. Grabow: Bring in renderings of what the streetscapes will look like for the bottom retail floor of the 3-story apartment buildings. Can we look at the signage for these spaces now?Alexia Lopez: We would like to see what the size of the tenant space signages will look like now.Jon Dobosiewicz: 1st floor retail space will only be located in one of the 3-story apartment buildings located on the SE corner. Grabow: Street lighting along the streets versus the lighting used in the parking lots?What wall mounted lighting fixtures will exist on the buildings and at the pool area?What type of lighting will be used for the entrance signage?What signs are governed by the PUD and UDO?What signs are governed by the City's Sign Ordinance?Alexia Lopez: I will work with the City's Sign Specialist to see what is permitted. A Motion made by Hill and seconded by Westermeier to send Docket No.PZ-2023-00138 DP/ADLS to Oct.3 Residential Committee with it coming back to the full Plan Commission for a final vote. 4. Docket No.PZ-2023-00166 OA: HOA Rental Restrictions Amendment. The applicant seeks to amend the Unified Development Ordinance in order to require that Owners Association governing documents allow changes to rental restrictions with a simple majority vote of the members.Filed by the Department of Community Services on behalf of the Cannel Plan Commission. I Petitioner: Adrienne Keeling: • This OA will make it easier for future HOAs to amend their covenants related to renters' restrictions • There's a growing concern of out-state investment companies purchasing a significant amount of owner-occupied single-family homes for the purpose of turning them into rental properties 3 Plan Commission Minutes 9-19-23 • Bulked purchases of SF homes can reduce the supply and make it difficult for people looking to purchase a home • This proposal would add a new paragraph to Section 7.20 Owners Association Standards in the UDO • Staff is recommending this goes to the Residential Committee with them having final voting authority Public Comments: Cathy Newport,The Grove at the Legacy: This is going on in my neighborhood and is a problem. Commission Comments: Grabow: Is there a way for the City to tabulate the volume of this issue?Adrienne Keeling: There are ways we can compile homestead exemptions of a particular geographic area but is more suited for smaller geographies such as subdivisions. Zoccola: I know from experience, it is very difficult for HOAs to have 75%of their members to show up to vote, so lowering the threshold is for the better.Can you provide this information to future HOA meetings?Adrienne Keeling: We can report this to the City's HOA neighborhood network,but this only implies to new subdivisions and not existing subdivisions. Kirsh: This is a no brainer and I recommend we forward this onto the City Council for their adoption. Sergey Grechukhin: The HOA covenants are private contractual documents. They have to comply with zoning and state statutory requirements at the time of their adoption. This particular amendment will not affect private contractual documents that are already in place. Grabow: If we can't go above 50%,we can't reach majority. Getting a specific number of ballots being cast can be very difficult. Maybe we include 50%of cast ballots by homeowners. The intent is to make whole-sale renter properties more difficult. What's the enforcement provision on this?Sergey Grechukhin: The new development would be heard by this Plan Commission and this specific requirement could incorporated into the DP/ADLS approval.We can also enforce a zoning regulation and then a court determination if necessary.Alexia Lopez: During the Primary Plat or Secondary Plat process,we do ask for the covenants and at this time we can look for this wording. Buckler: Can we amend the wording and add 50%plus 1 of all homeowners?Zoccola: The way it is drafted now, it is up to 50%.HOAs can pick less than the majority if they wanted to.Kirsh: We have provided Staff and Counsel with enough dialect and comments. I vote to bring this back to the full Plan Commission in October and not at the Committee meeting to allow Staff to digest thisand make their changes based on our comments. A Motion made by Kirsh and seconded by Kirsh to table this item for further discussion at the Oct. 17 Plan Commission meeting. Approved 8-0,absent Aasen. 5. Docket No.PZ-2023-00185 Z: 154 W.Carmel Drive—Cl Rezone. The applicant seeks to rezone the parcel located at 154 W Carmel Drive from the I 1/Industrial District within the Range Line Road Overlay to the Cl/City Center District. The site is generally located at the northeast corner of Carmel Drive and the Monon Greenway. Filed by the Department of Community Services on behalf of the Cannel Plan Commission. Petitioner: Adrienne Keeling: • 3.3 acres from the I 1 to the Cl district so we can continue the walkable development pattern of the Redevelopment Commission and City Center District • This is a positioning proposal,and we have no immediate plans for this site • The rezoning would also remove this property from the Overlay Zoning District • Staff asks that you suspend the Rules of Procedure and forward this item to the City Council with a favorable recommendation. Public Comments: None 4 Plan Commission Minutes 9-19-23 Commission Comments: Kirsh: I have concerns that we are removing the Industrial I-1 district. I don't want to preclude any light industrial uses in this area. Adrienne Keeling: There's a large list of permissible uses for the C-1 district. Sergey Grechukhin: The C-1 Iand C-2 districts do allow industrial and commercial uses. A Motion made by Buckler and seconded by Zoccola to suspend the Rules of Procedure in order to vote on both rezone petitions at tonight's meeting.Approved 8-0 absent Aasen. A Motion made by Buckler and seconded by Campagna to adopt PZ-2023-00185 Z with a favorable recommendation. Approved 8-0 absent Aasen. 6. Docket No. PZ-2023-00186 Z: 988 3rd Ave SW—Cl Rezone. The applicant seeks to rezone the parcel located at 988 3rd Avenue SW from the 11/Industrial District to the Cl/City Center District. The site is generally located at the northeast corner of 3rd Avenue SW and Gradle Drive. Filed by the Department of Community Services on behalf of the Carmel Plan Commission. Petitioner: Adrienne Keeling: • This site is just northwest of City Hall and is surrounded by C-1. • We are wanting to continue the development pattern of the C-1 district in this area Public Comments: None Commission Comments: None A Motion made by Buckler and seconded by Campagna to adopt PZ-2023-00186 Z with a favorable recommendation. Approved 8-0 absent Aasen. I Meeting adjourned at 7:45 p.m. 01 XAtil - 4J0C.-6- J e Shestak PC Secretary Brad Grabow President I Plan Commission Minutes 9-19-23