HomeMy WebLinkAboutMinutes PC 08-21-07
:;: 'W,,~
City of Carmel
,
/
CARMEL PLAN COMMISSION
August 21, 2007
Minutes
The regularly scheduled meeting of the Carmel Plan Commission met at 6: 15 PM in the Council
Chambers of City Hall, Carmel, Indiana on Tuesday, August 21, 2007. Members present: Leo
Dierckman, Jay Dorman, Wayne Haney, Kevin Heber, Rick Ripma, Eric Seidensticker, Carol Schleif,
Sally Shapiro, Madeleine Torres, and Susan Westermeier, thereby establishing a quorum.
DOCS Staff Present: Mike Hollibaugh, Director; Angie Conn, Adrienne Keeling. Also present: John
Molitor, Legal Counsel.
Eric Seidensticker was swom in as the City Council Appointment to the Plan Commission, thereby
fulfilling the vacancy created by Brian Mayo's departure.
Minutes of the July 17, 2007 meeting were approved as submitted.
John Molitor, Legal Counsel reported the results of the Executive Committee Meeting on August 7,
2007 regarding the enactment of additional Rules in Procedure regarding the Commission's
responsibilities under the Open Door Law. A new statute enacted applies to the "serial meetings"
problem and this will be discussed in depth at the end of the meeting. The proposed additional Rules
would essentially implement those new statutes for the Plan Commission. The Executive Committee
has recommended that the proposed additions to the Rules of Procedure would be adopted by the Plan
Conu:nission. This will be discussed later at the end of the evening.
Angie Conn reported that Items 4H and SR, the petitions for Rezone and Primary Plat for 146th &
Gray Road Office Complex have been Tabled to September 18, 2007 due to inadequate public
notice.
Also, the Department is requesting that the Commission re~order the Agenda to hear items 3H and
II. concurrently. (Pro Med Lane Holiday Inn)
H. Public Hearings
IH. Docket No. 07070024 Z: S\V Old Town C-2 Rezoning
The applicant seeks approval to rezone 57 parcels from R-2/Residence, B-l/Business, B-
2/Busincss, B-3/Business and I-lIlndustrial to C-2/01d TOvVll. The sites are located in Old
'fown and along Third Avenue SW.
Filed by the Depal1ment of Community Services.
S:lPlanCommissionlMinutesJPC/2007aug21
ONE CIVIC SQUARE
CARlvIEL, INDIANA 46032
3"17 /571-2417
.. ~
City Forester, seconded by Madeleine TOlTcs, APPROVED 10-0.
~~ ~..". ~-~-_~--~... 1 --.~...~~~.~-~~r:-:"'""S:,,;.'>... .:"'-~-':~-
_!!I.~~.~~~~U~Q.E5;~:~~~~~t~f,'r~: J!Y-J~~~lilOd!4~~t'!!!~e~
.~~ ;;;:.' ,-' . .1Jlle~aRP1t01~~.~~Ks~t0.:amend,'the'Zonmg Ordmance, Chapter 21: 'Sp'ec(al U'ies &
. , . - '~~;:.> "-=".~~...-
Sp'y"4itil~ETI'eptions and Chapter 30: Board of Zoning Appeals, in order to clarify the
time limits of applications denied by the Board of Zoning Appeals.
Flied by the Carmel Department of Community Services.
Adrietme Keeling, Department of Community Services for the City of Carmel appeared before the
Plan Commission representing the applicant. The proposed Ordinance Amendment was presented
at public hearing on July 17, 2007 and was rcvicwed by Special Studies Committee on August 7,
2007. The Committee returned this item to the Plan Commission with a positive recommendation.
The Amendment settles a discrepancy between the Ordinance and the Board of Zoning Appeals'
Rules of Procedures regarding the Lockout Period. For instapce, if a petitioner is denied by the
Board of Zoning Appeals, there are time limits which prohibit them from fe-applying. The
Ordinance Amendment makes it clear that Use Variances, Special Exceptions and Special Uses
being heard before the Board of Zoning Appeals should be locked out for twelve (12) months.
Separate, but related, the Amendment to the Board of Zoning Appeals Rules of Procedure would
require only six (6) months for someone applying for a Development Standards Variance to re-
appear before the Board.
What is presented this evening is the Ordinance Amendment portion; the Department will be going
before the Board of Zoning Appeals requesting that their Rules of Procedure be amended as a
second part of this process.
At this time, the Department is rcquesting a favorable recommendation from the Plan Commission
to the City Council.
Madeleine Torres reported that there was discussion at the Committee level to clarify who would be
hearing this and why as per Adrienne's explanation, The Committee voted a 3-0 favorable
recommendation.
Department Comments, Angie Conn: The Depatiment is recommending that this item would be
sent to the City Council with a positive recommendation.
Carol Schleif had questions on the lockout period; attorney John Molitor gave an explanation by
example.
Jay Donnan made f0n11al motion to forward Docket No. 07060024 OA: BZA Lockout Periods
Amendment to City Council with a positive recommendation, seconded by Madeleine Torres,
Approved 9-1 (Schleif)
31. Docket No. 06050020 PP: Clay Creek
The applicant seeks approval to plat 30 lots on 29.971 acres. The applicant also
seeks the following walvers:
S:/PlanCommission/Minules/PC/2007 aug21 20
ONE CIVIC SQUARE
CAR.l\fEL, INDIANA 4G032
317/571-2417