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HomeMy WebLinkAboutDept Report 10-05-06 o (.) CARMEL PLAN COMMISSION SPECIAL STUDIES COMMITTEE DEPARTMENT REPORT December 5, 2006 9. Docket No. 06100005 ADLS: Kohl's of West Carmel Marketplace The applicant seeks architecture, design, landscaping, lighting, and signage approval to build one, one-story, 99,148-square foot department store on 8.2 acres. The site is located at Michigan Road and 99th Street, and is zoned B2 and B3. It is located within the US 421/Michigan Road Overlay. Filed by Mike Klingl, RLA, of Atwell-Hicks, LLC for Duke Construction. The applicant seeks approval of new 99,148 sq. ft. department store in the West Carmel Marketplace (adjacent to the recently constructed Home Depot). See the information packet for full details. This item was presented at the November 21st Plan Commission Meeting. This site was granted Development Plan (DP) approval in August (Docket 06060005 DP). At that time the site plan, parking, and lighting were reviewed and approved. This submittal is for the structure features and the building base landscaping. Outstanding issues for this proposal are as follows: 1. Full approval of the Landscape Plan has not been granted. 2. Plan Commission members stated concerns with the buffering of the rear of this property. It was recommended that this site make the same commitments that were made by the adjoining Home Depot project (in regards to loading dock design, delivery times, lighting, landscaping intensity, fencing, etc.). For reference the Home Depot Commitments are attached. The Department recommends that these items be forwarded to the Plan Commission with a positive recommendation after the above issues are fully resolved. Q o HOME DEPOT COMMITMENTS ATI'ENDANT TO DOCKET NO. OS080039DP/ADLS: WEST CARMEL MARKETPLACE HOME DEPOT Conditioned on Plan Commission approval of Docket No. 05080039DPI ADLS (West Carmel Marketplace Home Depot), the Petitioner Home Depot U.S.A, Inc. sets forth to the following commitments to be made as part of the Development Plan and ADLS Approval. In addition to the commitments contained in the Application and Plans and Specifications submitted in support of the Application, Petitioner commits to the following: , . , 1. The petitioner shall prohibit the idling of trucks on the property between the hours of 1:00 PM and 7:00 AM. Delivery trucks may not arrive or exit between the hours of 9:00 p.m. and 6:00 a.m. 2. Loading and off-loading of trucks between the hours of9:00 PM and 7:00 AM will be restricted to tasks that can be accomplished within the truck well and within the building. No loading or off-loading will occur in the lumberyard at the northeast comer of the building or along the south side of the garden center during this time . frame. 3. Hours of use of any outdoor speaker system for normal operations shall be limited to the hours of7:00 AM to 7:00 PM. The petitioner will restrict the placement of outdoor speakers to the garden center area only. Use of outdoor speakers beyond the hours stated above will be for emergency use only. 4. The petitioner agrees that the landscaping and lighting shall be installed as shown on the respective landscape and lighting plan(s) submitted to the Special Studies Committee on December 6,2005. This landscaping shall include a mix~ of deciduous and evergreen trees along the east and south sides of the lot. 5. The petitioner will enhance the landscaping along the east and south sides of the property with a six-foot high wood (solid board on board) fence, in addition to the proposed landscaping. The fence will be at grade at the location shown on the landscape plan. The landscaping on the eastern perimeter of the property will be further enhanced with a three to four-foot high mound incorporated into the landscaping. 6. These commitments are binding on the owner of the real estate and each subsequent owner of the real estate and persons acquiring interest in the real estate following approval of the pending applications unless the commitments are modified or terminated by the governmental authority authorized to make such modification. '\...^~ " ( cd 'O.s 11..- 997165 rtf~ ,J,I1>\ o o 7. The undersigned agrees to record these commitments in the Office of the Recorder of Hamilton County, Indiana upon granting of the approval of the applications. 8. These commitments may be enforced by the Cannel Clay Board of Zoning Appeals and/or the City of Carmel, Indiana Planning Commission. Executed this _ day of .2005. HOME DEPOT U.S.A., INC. By: Bret D. Soloway Director - Legal STATE OF ILLINOIS ) )SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared Bret D. Soloway, Director-Legalt and acknowledged the execution of the foregoing by and on behalf of Home Depot U.S.A., Inc. Witness my band and Notarial Seal, the _ day of , 2005. Notary Public - Signature Notary Public - Printed My Commission Expires: My County of Residence: This instnnnent prepared by Mary E. Solada. Attorney at Law. Bingham McHale LLP, 2700 Market Tower, 10 West Market Street, Indianapolis, Indiana 46204-2982. 997165 ------- JP? rP-S p_I'I(?>i(' Q Q 7. The undersigned agrees to record these commitments in the Office of the Recorder of Hamilton County. mdiana upon granting of the approval of the applications. 8. These commitments may be enforced by the Carmel Clay Board of Zoning Appeals and/or the City of Carmel, Indiana Planning Commission. Executed thisO'tb day Of~, 2005. HOME DEPOT U.S.A., INC.- By: Brett D. Soloway Director - Legal STATE OFllLINOIS ) (\ " )SS: COUNTY OF -LLU D \L- ) Before me, a Notary Public in and for said County and State, personally appeared Brett D. Soloway, Director-Legal, and acknowledged the execution of the foregoing by and on behalf of Home Depot U.S.A., me. Witness my hand and Notarial Seal, the~daY oit)?f1?.)I1W. 2005. OFFICIAL SEAL BRYANNE M TRU/ETT NOTARY PU81.IC - STATE OF lLl/NOIS MY COMMISSION EXPJRES:12102I08 My Commission Expires: My County of Residence: ~\L --1 ';)-111{ rt6 This instrument prepared by Mary E. Solada, Attorney at Law. Bingham McHale LLP, 2700 Market Tower, 10 West Market Street, mdianapolis, Indiana 46204-2982. 997165 (.) u DeVore, Laura B From: Sent: To: DeVore, Laura B Friday, December 01, 2006 5:08 PM Adam DeHart (E-mail); Mary Solada (E-mail); 'Steve.Foster@opusnorth.com'; 'dpellom@civil- designs.com '; 'jfinnemore@redrobin.com '; 'bbaumgarten@coastalpartners.net'; 'jim@themysterycompany.com'; 'm klingl@atwell-hicks.com' Special Studies Committee Meeting Information Subject: Attached to this email is a coppy of the agenda and the department reports for the Carmel Plan Commission Special Studies Committee meeting to be held on December 5, 2006.As always, you will need to flip through the department reports to find the applicable report. Should you have any questions regarding any of this information, feel free to contact me by replying to this email or by telephone at (317) 571-2417. Thank you. Sincerely, Laura Rouse-DeVore City of Carmel, Indiana Department of Community Services P1an'i'nd Zoning SS-2006-1205.rtf Committee Report 2006-1205.doc... 1