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Home My WebLink AboutMinutes PC 08-21-07 .i' .. 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 Westemleier, thereby establishing a quorum. DOCS Staff Present: Mike Hollibaugh, Director; Angie Conn, Adrienne Keeling. Also present: John Molitor, Legal Counsel. Eric Seidensticker was sworn in as the City Council Appointment to the Plan Commission, thereby fulfilling the vacancy created by Brian Mayo's departure. Minutes ofthe 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 Conmlission'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 Commission. This will be discussed later at the end of the evening. Angie Conn reported that Items 4H and SH, the petitions for Rezone and Primary Plat for 146\11 & 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 lJ. concurrently. (Pro Med Lane Holiday Inn) H. Public Hearings IH. Docket No. 07070024 Z: S\" Old Town C-2 Rezoning The applicant seeks approval to rezone 57 parcels from R-2fResidence, B-lIBusiness, B- 2/Business, B-3/Busincss and l-l/lndustrial to C-2/01d Town. The sites are located in Old Town and along Third Avenue SW. Filed by the Depmimem of Community Services. S :lPlanCommiss ion/M inutesIPCl2 007 aug21 ONE crVIC SQUARE CARlvIEL, INDIANA 46032 317/571-2417 After further discussion, Leo Dierckman asked that the three properties would be eliminated for the time being. If it becomes compelling, the CRe can corne back to pursue those parcels at a future date. Adrienne Keeling stated that the three properties are identified by street address-not parcel numbers-on the map: 220 First Street SW, 230 First Street SW, and 311 First Street SW. The CRe agreed to remove the three referenced parcels from the current proposal. Eric Seidensticker made formal motion to send this item to the Special Studies Committee. John Molitor commented that the Rules of Procedure normally would empower the Commission to send this item to whichever Committee it feels is conect. If someone does NOT want to send this item to Committee, it would require a suspension of the Rules of Procedure and it would be fOlYVarded to the City Council without Committee review. A suspension of the Rules of Procedure requires a two-thirds vote. The nonn is to send this item to Committee. Kevin Heber made forma1l110tion to suspend the Rules of Procedure, seconded by Madeleine Tones. The vole was 4 in favor, 6 opposed (Haney,Westelweier, Schleif, Shapiro, Seidensticker, and Dierckman) motion failed (2/3rd majority required) Leo Dierckman announced that Docket No. 07070024 Z, SW Old Town C-2 Rezone would be fOf\vardcd to the Subdivision Committee for further review on September 4,2007 at 6:00 PM in the Caucus Rooms of City Hall. \.-211__,.;- .. _ ~O~~:I<.el,JS.()..;0.700/002;$~Q*': ,Q"mJit'Y:iIlg~SuhdiYisi6ft:.ExeQ!p.tiQ~Iil:eQcjm~nt~ . The applicant seeks to Amend the Zoning Ordina~~e, Chapter T!}:.lJRiiin'elfEt"D'IsTrict. Chapter 6: S-2/Residence District, Chapter 7: R-l/Residence District, Chapter 8: R- 21Residence District, Chapter 9: R-3/Residence District and Chapter 10: R-4/Residence District, In order to delete exemptions from the lot area and lot standards in qualifying subdivisions. Filed by the Carmel Department of Community Services. Adrienne Keeling, Department of Community Services, City of Carmel appeared before the Commission representing the applicant. The proposed Amendments to the zoning ordinance relate to exemptions for Qualifying Subdivisions. The Cannel City Council passed a resolution on June 18,2007 requesting that Chapters 5 through 10 of the Zoning Ordinance would be amended to delete the exemptions for lots in qualifYing subdivisions. Qualifying Subdivisions are often referred to as ROSa (Residential Open Space Ordinance) Subdivisions-they are major subdivisions including five or more acres and 5 or more lots, including community water and sewer which meet the standard Open Space Requirement. Most of the Subdivisions that come through the Plan Commission are considered ROSO or Qualifying Subdivisions and are generally characterized by anything including lots less than one acre-more recently, within the past year, anything with less than a gross density of point eight five dwelling units per acre. S:lPlanCommission/Minutes/PCI2007aug21 5 ONE CIVIC SQUARE CAlUvIEL, INDlf\NA 46032 317/571-2417 ~- .... .... Currently, these lots are only subject to the requirement that the distance between dwellings would be six feet. The amendment would effectively eliminate the flexibility that the ROSa lots have and they would need to meet the S-1 through R-4 lot area and set-back requirements. The amendment would require all lots-whether the subdivision has open space set aSlde or not-to meet these standards. Members of the public were invited to speak in favor of, or opposition to the petition. No one appeared and the public bearing was closed. Department Comments, Angie Conn: The Department is recommending that this item be sent to the September 4th Subdivision Committee meeting. Leo Dierckamn asked if the proposal would have any effect on existing, approved subdivisions or anything in the process ofapproval. Angie Conn responded in the negative-the approval of the amendment would not affect prior approved subdivision or anything in the process of approval. John Molitor pointed out that the amendments would not apply to any subdivisions that might be proposed in the future as PUD's. It only applies to those that are in these districts and remain in those districts. Carol Schleif commented that the proposal allows the zoning to be utilized and requirements stay as requirements. It is already on the books. Jay Dorman made formal motion to suspend the Rules of Procedure, seconded by Sally Shapiro, Approved 10-0. Carol Schleif made formal motion to forward Docket No. 07070023 OA: Qualifying Subdivision Exemptions Amendment to the City Council with a positive recommendation, seconded by Jay Dorman, Approved 10-0. 3H. Docket No. 07030035 DP: Pro-Mcd Lane - Holiday Inn The applicant seeks site plan approval for a proposed full-service hotel. ADLS is under another docket no. below. The site is located at 13 6tl1 Street and Pro-Med Lane, and is zoned B-6/Business within the US 31 !Meridian Street Overlay. Filed by Stacey of DeBoy Land Development Services, Inc. for Justus Home Builders, Inc. NOTE: Items 3H and 1J were heard together. Dave Coots, attomey, Coots, Henke & Wheeler, 255 East Carmel Drive, appeared before the Commission representing Mid-West Hospitabty. A Iso in attendance: Sanjay Patel, Mid~ West Hospltality; Stacey Fouts and Collin Patterson, DeBoy Land Development. The proposal is for a Development Plan for the property located at I 36tl1 Street (Smokey Row) and Pro-Med Lane, and Old Meridian Street. Immediately to the east of the site is the Justus Office Development that was heard by the Commission previously. Tri-County Mental Health is to the south of the site; to the north and S:IPlanCommissionlMinutesfPC/2007 aug21 6 ONE CIVIC SQUi\RE CARIVIEL, INDIANA 46032 317/571-2417