HomeMy WebLinkAboutMinutes PC 07-17-07
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CARMEL PLAN COMMISSION
JULY 17, 2007
Minutes
The Carmel Plan Commission met at 6:00 PM in the Council Chambers of City
Hall, One Civic Square, Carmel, Indiana. The meeting opened with the Pledge of
Allegiance.
Commission members present: Leo Dierckman, Kevin Heber, Rick Ripma, Sally
Shapiro, Steve Stromquist, Madeleine Torres, Sue Westermeier, thereby
establishing a quorum.
DOCS Staff present: Mike Hollibaugh, Director; Angie Conn, Planning
Administrator. John Molitor, Legal Counsel was also present.
The minutes from the June 19, 2007 meeting were approved as submitted.
John Molitor, Legal Counsel indicated that it had been intended to have a
meeting of the Executive Committee to discuss possible initiation of litigation and
then to discuss proposed rules of procedure in a regular meeting of the Executive
Committee. Because of some confusion regarding the notice, neither of those
meetings occurred. Therefore, we can discuss at a later time when those
meetings will be rescheduled, perhaps in conjunction with our regular committee
meetings the first week in August.
Department Announcement, Angie Conn: Request to place Docket No. 07020020
OA: US 31 & 421 Overlay Architectural Design Amendment, on the August 7,2007
Subdivision Committee agenda, rather than the August 7 Special Studies agenda, due to
agenda length. This will take just a simple vote of the commission. Also, both Holiday
Inn items have been tabled per the petitioner's request-Dockets Number 07030035 DP
and 070070009 ADLS. There has also been a request from two Plan Commission
members-not present at this time-that the Irwin Bank agenda item be moved to the end
of the meeting to allow for arrival and vote on that item.
The last item on the Agenda will be presented by Adrienne Keeling, DOCS staff.
Adrienne Keeling, DOCS asked that the Commission refer to the materials distributed
this evening. Adrienne indicated last month that the City Council passed a resolution
directing the Plan Commission to prepare and evaluate a proposal to amend the zoning
ordinance. Their request is for the Plan Commission to consider eliminating the
provisions which exempt lots in qualifying subdivisions which are ROSa lots, exempting
them from the minimum lot area and set-back standards. The Council's request is for the
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Madeleine Torres - when Duke was doing their second phase, there were issues with
the drainage-has this been addressed completely or is this still a problem?
David Gellman responded that he had met with Paul Reis and he indicated that zoning
issue came up and he had made a commitment to that individual property owner to keep
her informed on the status of the development; he also indicated that it would be
continued here with a different developer tonight. They have been informed and we do
have a drainage plan that we would be more than happy to share with that individual
when we receive the contact information.
Maxine Brown - I live at 3734 W. 98th street. This has been an ongoing issue for quite
some time. Ms. Brown gave an overview of the history of the problem. When the
drainage occurs in the ditch it backs up in to the homeowner's yards. Ms. Brown had
water for the first time in 50 years this summer and it has taken quite awhile to dry off.
She also asked if the new developer could come and mow the property, the grass and
weeds are very high.
Angie Conn indicated that it is the responsibility of the County.
Madeleine Torres asked that Angie Conn review the minutes, because it was her
recollection that Duke had committed to fixing that problem.
David Gellam said he will have a relationship with Duke and will make that
recommendation to them as well. We will get this resolved.
Rick Ripma indicated that the building showed a lot of EFIS on top of the building. One
is really bright yellow - is this really the color?
David Gellman responded that they will bring actual samples of the EFIS to the Special
Studies Committee.
Rick questioned the amount of brick that is permitted.
Angie Conn: The ordinance does state that the faQade cannot be more than 20% of the
overall non-window fac;ade-the petitioner should bring a calculation. Angie was not
certain if this applied to the side elevation and will check on this.
Docket No. 07030037 DP/ADLS, Midland Atlantic-Market Place at West Carmel was
referred to the August 7, 2007 Special Studies Committee for further review at 6:00 PM
in the Caucus Rooms of City Hall.
I. Old Business
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-Tthe~appllcanrsE:!eks.pnmalY'"plat-appro'Val"for"'2'lots"'0n,;7.,;29.8~~~s., llne"slte-ls,
located at the southeast corner of 136th Sf. and Pro Med Ln. ana'ls zoned B-
6/Business within the US 31
Overlay.
Filed by Paul Reis of Bose McKinney & Evans for Justus Home Builders.
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\-fife'I~PP.ii~1l"t~e'~i<msitt1~ta~:~~'~~pproval for an office building. The site is
located southeast of 136lh St. and Pro Med Ln. and is zoned B-6/Business within
the US 31 Overlay.
Filed by Paul Reis of Bose McKinney & Evans for Justus Home Builders.
R.ich Kelly, EMHT Engineering presented for the petitioner. Paul Reis has been delayed.
EMHT is the Civil Engineer-and Landscape Architect for the project. Justus Home
Builders has requested consideration of 2 applications, one for primary plat approval to
sub-divide a 7-plus acre parcel into two smaller lots, and a second application to
construct their new corporate headquarters on one of the lots.
The petitioner met with the Special Studies committee two weeks ago and worked
through a number of issues. It is the petitioner's feeling that all issues are resolved,
based on our conversations as recently as today with staff. It should be noted that the
Special Studies Committee did recommend that the Plan Commission favorably consider
both of these items.
Steve Stromquist reported for the Special Studies Committee. Regarding the Primary
Plat, Docket 07040022, the petitioner appeared at the June 28th meeting .and had some
outstanding issues with the Engineering Department. Those issues have since been
addressed and there are no further issues at this time. The petitioner was to provide a
landscape plan approved by Scott Brewer; Scott Brewer has tentatively approved those
plans.
There were more outstanding issues with the Development Plan, Docket 07040023.
There is a 10ft. asphalt path to nowhere. Steve Stromquist asked for the Commission's
input on the path issue. The Committee asked the petitioner to build the path now rather
than set aside the money in escrow. The petitioner was agreeable to either constructing
the path now or putting the money into escrow.
Rich Kelly pointed out the area on a visual. The path has been discussed with David
Littlejohn of DOCS as far as doing a meandering path to avoid any of the large,
significant trees on site; David Littlejohn is receptive to that idea: At the construction
phase, the petitioner will again meet on site with David Littlejohn and pin-point the path,
since he has given some flexibility to meander and try to minimize damage to the trees.
Steve Stromquist stated that the Committee was not against thepcith, but it appears the
path goes absolutely nowhere.
Rich Kelly said that if and when the property to the west is developed, which is the plan
of Justus Home Builders, the path would at least be extended down to Pro Med.
Angie Conn, DOCS - The Department did get some additional neighborhood
remonstrance on July 16lh and the City Engineer and the Petitioner have addressed all
of those issues, mostly regarding the site drainage, permeable pavers, things that were
covered in the Committee. meeting. The Department has signed off on this project; the
DejJartnwnt is recommending favorable consideration this evening.
Kevin Heber said he had spoken with Mr: Doxtater on Sunday and he was still pretty
concerned.
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Angie Conn responded that Mr. Doxtater's remonstrance was submitted to the City
Engineer's office and they worked with the petitioner to address all issues. All the points
brought up by Mr. Doxtater were covered and addressed by the City Engineer.
Paul Reis, attorney, noted that Mr. Doxtater sent the letter to Gary Duncan, however
Gary was on vacation; when Gary returned he went through all those points. Mr.
Doxtater may still have concerns, but I think he wanted to reiterate that these: points are
being addressed.
Rick Ripma asked if there were any changes to the plan, or did everything go through
exactly the same as it was.
Paul Reis responded that the petitioner did not make any changes from the original
presentation-that is why there were no new packets for tonight's meeting.
Rick Ripma asked if the sidewalk that goes to the 10-foot path will take out a lot of trees.
Paul Reis said tha,t Chris and Rich Kelly had conversations with Scott Brewer to
meander both the sidewalk and the path as best they can to have very little negative
impact on the trees.
Madeleine Torres wondered if any consideration had been given to the recommendation
of having a white roof.
Paul Reis said the petitioner is still exploring the possibility of a white roof with the
architect. We have not ruled it out and if it makes sense, we will do it.
Rick Ripma asked the status of hybrid vehicle spaces-Paul Reis responded that there
wlH not be any.
Rick Ripma made formal motion to approve Docket No. 07040022 PP:Justus
Business Park, lots 1-2, and Docket No. 07040023 DP Amend/ADLS.Amen.d:
Justus Business Park, lot 2 -Justus Office Building; the motion was seconded by
Madeleine Torres and Approved 6-0.
31. Docket No. 07040019 DP/ADL~: West Carmel Marketplace- Burger King
The applicant seeks site plan and design approval for a proposed resta.Lirant
building. The site is located at 9853 N Michigan Rd, and is zoned B-3/Business
within the US 421
Overlay. Filed by Richard Sampson of Burger King Corp.
Mike Dauss of Dauss Architects presented for the petitioner. The last time we were here
one of the first issues that came up was the actual site layout; this is where we had
started and had been questione~ by a couple nWnjbers of the Commission regarding the
safety ofthe site layout and requested an alternate layout site be submitted. We
submitted a conceptual plan to the Special Studies committee for their review and we.
have since further refined the plan that includes the drive thru window on the north side
of the building. We have submitted and worked with staff and very much appreciate
their cooperation. We have done a lot of work in the past two weeks since we presented
the concept. Basically, what the plan does is remove the drive thru from the rear of the
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