HomeMy WebLinkAbout10 Oct 21, 2003S:\PlanCommission\Minutes\PlanCommissionMinutes\PC2003oct 1
CARMEL/CLAY PLAN COMMISSION
OCTOBER 21, 2003
MINUTES
The regularly scheduled meeting of the Carmel/Clay Plan Commission met in the Council Chambers of
City Hall, Carmel, Indiana on October 21, 2003. The meeting opened with the Pledge of Allegiance.
Members present: Marilyn Anderson; Jerry Chomanczuk; Dave Cremeans; Leo Dierckman; Dan Dutcher;
Ron Houck; Nick Kestner; Maureen Pearson; Wayne Wilson.
Department of Community Services Staff present: Mike Hollibaugh, Director; Jon Dobosiewicz; Angie
Butler.
The minutes of the September meeting were approved as submitted.
G. Reports, Announcements, & Department Concerns
1) John Molitor reported that the City Council passed a Resolution to terminate the Joinder Agreement
between the City of Carmel and Clay Township as it applies to planning and zoning. The Resolution will
be reviewed in the next few months to determine that ramifications for the Plan Commission.
2) Former Commission member Norma Meighen was recognized for her many years of service to the
Plan Commission and to the Carmel community.
3) Jon Dobosiewicz stated that Docket No. 131-03 PP, Cass Estates, should be corrected to read 70 lots
rather than 48 lots. The original petition was for 48 lots, and that was amended; corrected notices were
sent.
The Department is requesting that Docket No. 147-03 ADLS, St. Christopher’s Episcopal Church, be
heard concurrently with Docket No. 140-03 Z, St. Christopher’s Episcopal Church—Rezone.
4) Pat Rice addressed the Commission with a prepared statement of resignation, effective immediately,
from both the Plan Commission and the Board of Zoning Appeals.
H. Public Hearings:
1h. Docket No. 131-03 PP (#03080030) Cass Estates- Primary Plat
The applicant seeks to plat a 48-lot subdivision. The site is located southwest 116th
Street & Shelborne Road. The site is zoned S-1/Residential- Low Density.
The petitioner also seeks the approval of the following subdivision waiver:
131-03a SW ( #03090008) §6.3.7 Cul-de-sac length
Filed by Dennis Olmstead of Stoeppelwerth & Associates for Graystone Development,
LLC.
Jim Shinaver, attorney with Nelson & Frankenberger, Indianapolis, appeared before the Commission
representing the applicant. Also in attendance: Sheldon Phelps, Graystone Development; Dennis
Olmstead and Brian Robinson of Stoeppelwerth; and Michael Bergel of ReMax Realty.
Jim Shinaver displayed an aerial photograph of the proposed, 70-lot subdivision located south and
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adjacent to 116th Street and west of Shelborne Road, immediately opposite the Long Branch Estates
Subdivision. The site is zoned S-1 Residential, low density. Graystone is proposing to development
under the Residential Open Space Ordinance.
The primary access will be located off of 116th Street. Two stub streets are provided, one on the western
border of the real estate, the other on the southern border. There is significant buffering proposed for the
area adjacent to 116th Street and provision for greenspace and open space throughout the development.
The open space and greenspace areas will be connected via a trail system.
On the northern border of the property adjacent to 116th Street, a multi-use path is being proposed. An
athletic field is also proposed with the inclusion of a “Tot-Lot.” A natural, nature area will be
incorporated into the plan.
Regarding the landscaping, significant mounding is proposed on the northern portion of the property. The
petitioner will continue to work with the adjacent landowners to address some landscaping issues.
Regarding the road improvements and conformance to the Thoroughfare Plan, a commitment will be
submitted addressing the requirement that streets along the perimeter of the proposed subdivision comply
with the minimum specifications contained in the Subdivision Control Ordinance and the Thoroughfare
Plan.
Graystone is requesting one Subdivision Waiver to vary the cul-de-sac length from a maximum of 600
feet to 860 feet in length. The Department is in favor of this waiver, due to the proposed site
configuration and location of the conservation lot.
Members of the public were invited to speak in support of this petition; no one appeared. Members of the
public were invited to speak in opposition to this petition; the following appeared:
Organized Opposition:
Greg Zubeck, attorney, Whitham, Hebenstreit & Zubek, 151 North Delaware Street, Indianapolis,
representing Renee Lewin and Karen Lewin, adjacent property owners. (Ms. Lewin was in attendance;
Mr. Lewin was out of town) Concerns stated: landscape, buffering, utilities, drainage. Mr. Zubek
requested that this Docket be continued, due to the confusion of two different applications filed on this
property—a primary plat for 48 lots on 29.816 acres, and a primary plat for 70 lots on 42.250 acres.
Apparently, an amended petition was filed, and the Department Report erroneously referred to the 48 lots
rather than 70 lots. There is also a reference in both applications that the owner of the property is the
William O. Cass Irrevocable Trust, whether it is 45.250 acres or 29.816 acres. The adjacent property
owned by Henry F. Blackwell is also included in the proposal, although it is not specified. At this point,
Mr. Zubek and his client are ill-prepared to proceed and request that the Commission continue this matter.
If it is not possible to continue this matter, perhaps the public hearing will remain open for additional
public comments after the matter has been reviewed by Committee. Mr. Zubek referred to a letter written
by Mr. Lewin and that is incorporated in these minutes by reference, copy to be furnished to each
Commission member.
Individual Opposition:
Stephen Sanders, 10739 Gettysburg Place, Vice President of Westons HOA, stated he had no prior
knowledge of the proposal. Mr. Sanders requested a meeting between the developer and the HOA
regarding the proposal and detailed plans.
Don Pollard, 11500 Shelborne Road, (eastern border of the proposed development) stated they are
currently in discussion/conversation will Graystone regarding visual barriers, landscaping, tree
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preservation along the property line, excess soil disposal, and water and sewer. The conversations will
continue.
Jim Shinaver stated that Sheldon Phelps had been in contact with Mr. Lewin prior to the meeting this
evening. Mr. Shinaver requested a meeting with Mr. Sanders immediately following the public hearing
this evening.
Jon Dobosiewicz reported for the Department. The landscaping issues are to be resolved prior to
Committee review. The petitioner could commit to make funds available for roadway improvements
along 116th Street and Shelborne Road and the Department would like to expedite those improvements.
Ron Houck had concerns regarding the design of the cul-de-sac and thought the road should “loop.”
Additional concerns/questions: a) Public notice to the neighbors; b) At what point was the application
deemed complete and available for review by the public and the Plan Commission? c) What was the
actual submission date? d) When were materials submitted to the Department?
Jon Dobosiewicz explained the time frame. There is an up-dated application in the file as well as the
initial application for Plan Commission review. The plan before the Commission this evening is the plan
that was reviewed by the Technical Advisory Committee and on file for over a month, before the public
notice was sent. The Department will check the status of the public notice requirement.
Nick Kestner asked the Committee to especially look at landscaping; it looks to be extremely sparse along
the internal path. The landscaping could be “beefed-up” as a deterrent to high fences that would be very
ugly and should be prohibited.
Ron Houck had additional questions/comments for the committee to explore. Have any provisions been
made for the maintenance of the athletic field? The stubbing/inner-connection of the trails should be
looked at as to how it plays into future development of the parcel as well as the stubstreet.
Mr. Zubek stated that a notice was sent to his client’s residence; Mr. Zubek was not sure when the notice
was received. Mr. Zubek said he had talked with Mr. Lewin this afternoon and was told that Mr. Lewin
had heard from the developer today and a meeting was set for Saturday at 10:00 AM.
NOTE: PUBLIC HEARING IS TO REMAIN OPEN
Docket No. 131-03 PP Cass Estates, Primary Plat, (including the Subdivision Waiver) was forwarded
to the Subdivision Committee for further review on Thursday, November 6, 2003 at 7:00 PM in the
Caucus Rooms of City Hall. The Department will check the status of the public notice.
2h. Docket No. 132-03 PP (#03080031): Heather Knoll - Primary Plat
The applicant seeks primary plat approval of a 57-lot subdivision. The petitioner also
seeks the approval of the following subdivision waivers:
132-03a SW (#03090009) §6.3.4 Provision of North-south collector road
132-03b SW (#03090010) §6.1.1 Conformance with the master plan
132-03c SW (#03090011) §5.1.7 Extension of facilities in the master plan
The site is located northeast of 141st Street & Shelborne Road. The site is zoned S-
1/Residence-Very Low Density.
Filed by Dennis Olmstead of Stoeppelwerth & Associates for Pittman Partners.
Neal Smith, 13580 Ashbury Drive, Carmel, appeared before the Commission representing the applicant.
Steve Pittman of Pittman Partners was present as well as Dennis Olmstead and Brian Robinson of
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Stoeppelwerth & Associates.
The petitioner is requesting approval of a 57-lot subdivision, together with Subdivision Waivers. The
Waivers are being requested due to the location of the proposed, neighborhood collector as agreed upon
and previously approved to be constructed and platted with future neighborhood subdivisions and aligned.
The site is located east of Shelborne Road, north of and adjacent to 141st Street, south of 146th Street, west
of Towne Road.
Heather Knoll is situated in a quadrant formed by 141st Street, 146th Street, Towne Road, and Shelborne
Road. The real estate is rectangular in shape with the exception of the southeast corner. The western
property line is adjacent to The Trails at Hayden Run and the Hubbard property. The southern property
line is adjacent to 141st Street and the Stampler property. The eastern property line is adjacent to the
Stampler property and the Pryor property.
The area for development contains 32.587 acres, zoned S-1, very low intensity, and allows 1.3 units per
acre with 15% open space. The proposed plan contemplates 1.74 units per acre or 57 home sites with
38.2% open space. Based upon the amount of open space, a density of 1.75 units per acre is allowed.
The open space of 12.448 acres is designated as natural open space, designed open space, and pond open
space. A typical home site has minimum dimensions of 80X130 feet with a lot size exceeding 11,000
square feet and just over ¼ acre. A system of trails will connect the open spaces, and a gazebo will be
constructed for a gathering place.
Members of the public were invited to speak in favor of or opposition to this petition; no one appeared
and the public hearing was closed.
Department Report, Jon Dobosiewicz. The issues relevant to this petition are those identified with the
Trails at Hayden Run. The Thoroughfare Plan identifies a collector roadway extending from 146th Street
at the connectivity point down, due north/south to 126th Street. The same waiver requests as those made
with Hayden Run have been made in this instance. The waiver would allow the developer to set aside
funds and make a commitment to the Commission as a part of the primary plat approval to utilize the
funds either to construct improvements on existing 141st Street or to help facilitate the construction of the
collector road across adjacent parcels. There is also a concern with landscaping, and this has been
discussed with the petitioner.
Docket No. 132-02 PP, Heather Knoll, Primary Plat, was referred to the Subdivision Committee for
further review on Thursday, November 6th at 7:00 PM in the Caucus Rooms of City Hall.
Note: The petitioner will submit the revised Primary Plat for Committee review.
3h. Docket No. 137-03 PP (#03090005) Weston Pointe - Primary Plat
The applicant seeks to plat a 130-unit subdivision. The petitioner seeks the approval of
the following subdivision waiver:
137-03a SW (#03090012) §7.5.7 Clearing of 30% woodlands
The site is located northeast 106th Street & Michigan Road. The site is zoned part R-
4/Residence and B-2/Business, and is within the US 421 Overlay Zone.
Filed by Dennis Olmstead of Stoeppelwerth & Associates for Pittman Partners.
Steve Pittman and Neal Smith of Pittman Partners appeared before the Commission on behalf of the
applicant. John Levinson of Levi Investment Real Estate, and Dennis Olmstead and Brian Robinson of
Stoeppelwerth & Associates were also in attendance.
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Of special note: The petitioner is withdrawing Docket 137-03a SW, subdivision waiver for clearing of
woodlands.
This particular property was rezoned last spring from S-1 to B-2 and R-4. The parcel is approximately
34.826 acres located at 11300 North Michigan Road. The front 14.826 acres is zoned B-2 and at this
time, will only contain the access road from US 421, the detention pond, and all proper, buffer yard
plantings.
The property is irregular in shape and located east and adjacent to US 421, north and adjacent to vacant
property zoned B-2, and residential property zoned S-1 and developed into the residential subdivision
known as The Westons. The site is also south and adjacent to property zoned B-3, currently known as
Altum Gardens, and a residential estate zoned S-1 that is west and also adjacent to the Westons. The
residential portion of Weston Pointe is adjacent to an existing stub street known as Monitor Lane. The
Westons represents the last neighborhood to be developed under the old “Cluster Option.” A portion of
the northern property line is also adjacent to property zoned S-1 and owned by the Fehsenfelds.
An entry boulevard is planned for the south end of the property that provides for connection to the
property to the south. In addition, the plan aligns with a planned entry for the property to the west of
Michigan Road, owned by Browning Investments.
The Townehomes will be positioned on a parcel consisting of 20 acres, zoned R-4. The plan
contemplates 6.5 units per acre (130 townehomes) with 29% open space; 8 units per acre are allowed with
25% open space. The proposed plan was designed after significant negotiations with surrounding
property owners. The buildings will be one and two-story, for sale units on an individually platted lot.
The Townehomes will range in size from approximately 1,347 square feet to approximately 1,919 square
feet with an average, anticipated price of $160,000.
During the rezone, significant detailed, written and recorded commitments were made to the neighbors.
The proposed plan not only incorporates all of the commitments made—it exceeds them. Of significant
importance is the commitment made to the neighbors to the east to create a buffer of at least 150 feet.
The plan actually creates a buffer of 200 feet and moves the detention pond to the west for additional
detention.
Mr. Pittman stated that he has received letters of support from the following: The HOA Board of The
Westons; James Lipe, neighbor; Fred Fehsenfeld with The Heritage Group; and Browning Investments.
Members of the public were invited to speak in favor of this proposal; the following persons appeared:
Greg Zubek, attorney with Whitham, Henenstreit & Zubek, LLP, 151 North Delaware Street,
Indianapolis, appeared before the Commission representing Mr. & Mrs. Fred Fehsenfeld, owners of
property immediately to the north of the subject site. Mr. Zubek referred to three additional commitments
that were discussed by the Fehsenfelds with Steve Pittman; those commitments will be submitted to Jon
Dobosiewicz of DOCS for recording.
Steve Sanders, 10739 Gettysburg Place, The Westons, was complimentary of Pittman Partners for
working with the neighbors in getting the property developed in a plan that is acceptable to the adjacent
homeowners. The proposed development will be a good asset to The Westons and its property values.
The Westons HOA Board is firm in its position that Monitor Lane not be connected because of increased
traffic and the number of small children in the area. If it must be connected, the Board requests that it
only be allowed for emergency access.
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At this time, Steve Pittman read into the record the letter from Fred Fehsenfeld in support of the proposed
Primary Plat; said letter is incorporated herein and made a part hereof. Construction traffic will be limited
into the property from 421.
The public hearing was then closed.
Department Report, Jon Dobosiewicz. There may not be a potential for open access until the road is
accepted. There would probably be more traffic from The Westons travelling across this site to get to a
signal on Michigan Road (421) than would be generated by this development going through The Westons.
At the time the petitioner submitted the rezone request, a Traffic Study was also submitted that indicated
trips generated through the subdivision were “minimal.”
Marilyn Anderson asked that the revised plan be submitted to Commission members. Regarding the
traffic, Ms. Anderson asked that a bigger layout be submitted for Committee review showing the traffic
flow.
In response to questions from Nick Kestner, Steve Pittman stated there are two access points from The
Westons, and the petitioner is installing bike paths.
Ron Houck had some concern with the site plan; there is a lot of passive open space, but nothing active
for the benefit of children. Mr. Pittman explained that there are two detention areas. By providing an
amenity area, it would invite children, and this particular product is not targeted to families with small
children.
Dan Dutcher asked about setting a precedent regarding the elimination of the connection.
Jon Dobosiewicz reponded that the Department is in a position to enforce the Ordinances, and
connections are made between subdivisions because the Ordinances require it—it is good policy and
practice. The Department would not encourage the development of subdivisions that were not connected
where there is a single point of ingress/egress.
Docket No. 137-03 PP Weston Point, Primary Plat was referred to the Subdivision Committee for further
review on Thursday, November 6th at 7:00 PM in the Caucus Rooms of City Hall.
4h. Docket No. 138-03 DP/ADLS (#03090006)
West Carmel Center, Block C – Bank One
The applicant seeks to construct a Bank One building. The site is located at northwest
Carwinion Way and Commerce Dr.
The site is zoned part B-3 Business, and is within the US 421 Overlay Zone.
Filed by Eric Matson of CSO Architects for 421 Realty.
Dwayne Hall, American Consulting, 7260 Shadeland Station, Indianapolis, appeared before the
Commission representing the applicant and giving an overview of the entire site. The site is located in the
West Carmel Center development on the southeast corner of 106th Street and US 421. The Bank is
connected to the center on the north/south access.
The petitioner displayed the overall landscape plan. The petitioner will return for additional ADLS
review when specific users are selected for the east out-lot and the southwest out-lot.
Eric Matson of CSO, East 96th Street, Indianapolis then addressed the Commission regarding the Bank
One site.
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The Bank building will contain 4300 square feet with four drive-up lanes, the fourth one being the ATM
lane. There is a screening wall on the south side and the trash enclosure will match the building elements.
There will be ground directional signs, 3 square feet in size. Bank One will be requesting a variance for a
ground sign on the south lot.
The light poles in the parking lot are 20 feet tall, 450 watt, halide fixtures. The wall light fixtures will
most likely be above the doors or to either side.
Regarding the landscaping, there are a number of trees existing on site, and 27 shade trees are being
added as well as two ornamental trees.
One sign is allowed on the building and that will be placed on the front. The petitioner will be requesting
a variance for a sign to be placed on the side along the driveway.
Members of the public were invited to speak in favor of or opposition to the petition; no one appeared and
the public hearing was closed.
Jon Dobosiewicz reported for the Department. There are some outstanding concerns regarding the
lighting. A revised, lighting cut-sheet should be provided to the Department showing the 90% cut-off
fixtures and their location. In addition, the signage request is a little more than redundant. There is a
ground sign along the access drive between the bank and the other lot. The Department is suggesting that
this logo ground sign be less than 3 square feet and be considered by the Commission as a part of the
ADLS review. The additional wall-sign on the building and the ground sign along the access drive are
overkill. Jon asked that a proto-type be brought to the Committee meeting.
Ron Houck asked for more detail to be provided on the ATM machine. Ron Houck also discouraged the
petitioner from utilizing wall-packs—there are more attractive forms of lighting available.
Dan Dutcher noted that the site plan indicates a multi-use path along Michigan Road is to be included
with this development.
Eric Matson said there is a pipeline easement on the south side of the property and the north side of the
property that takes up a significant amount of property that would have been developable area.
Nick Kestner encouraged the petitioner to construct the multi-use path at this time. Michigan Road is
slated for multi-purpose paths and everything being constructed in this area must have connection to the
paths. If not in place today, it will be shortly.
Department Report, Jon Dobosiewicz: The Committee/Commission is encouraged to include
connectivity as a condition of approval. More detail is requested on the ATM facility for Committee
review. The Department discourages the use of wall-pack lighting—revised lighting cut-sheets to be
submitted to the Department. The Signage appears to be excessive—should be extensively reviewed by
the Committee.
Docket No. 138-03 DP/ADLS, West Carmel Center, Block C, Bank One, was referred to Special Study
Committee for further review on Thursday, November 6th at 7:00 PM in the Caucus Rooms of City Hall.
5h. Docket No. 140-03 Z (#03090015);
St. Christopher's Episcopal Church - Rezone
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The applicant seeks to rezone a part of their property from S-2/Residence within the US
31 Overlay to OM/SU-Old Meridian/Special Use Zone.
The site is located at 1440 W Main Street.
Filed by Tim Fleck on behalf of St. Christopher's Episcopal Church.
Note: Item 1j under New Business, Docket No. 147-03 ADLS, St. Christopher’s Episcopal Church,
ADLS was heard concurrently with Docket No. 140-03 Z.
David Stewart, attorney with Stewart & Stewart, 931 South Rangeline Road, Carmel, appeared before the
Commission representing the petitioner. Also in attendance was Tim Fleck, architect with Woollen,
Molzan & Partners, Inc., 47 South Pennsylvania Street, Indianapolis.
St. Christopher’s Episcopal Church is located at 1440 West Main Street. The area for rezone is a 2-acre
parcel located within a 23-acre tract owned by St. Christopher’s and completes a 10-acre section located
at the southeast corner of the area involved in the construction of the new church.
The area to be rezoned is currently S-2; the applicant seeks to rezone to Old Meridian/Special Use. The
rezone would be complete the 10-acre tract that will be utilized for the construction of a “phase project”
for St. Christopher’s Church. The area is bordered on the south by Old Meridian, on the east by North
Meridian Heights Subdivision, on the north and west by property currently owned by St. Christopher’s
Church and is to the west of the existing St. Christopher’s Church.
The ADLS application is for a three-phase construction project. Phase I is the education wing consisting
of approximately 15,000 square feet. Phase II is the fellowship wing consisting of approximately 12,979
square feet. Phase III is the sanctuary phase, approximately 18,000 square feet. The construction
materials are stucco; asphalt/tile roof construction. The landscape plan has been submitted to the
Department.
The multi-use path runs along the south border, bordering West Main Street, and is part of the 10-acre
parcel. The cut-sheets for the lighting have been included in the informational packets—octagonal light
fixtures, and meet the requirement of point one foot-candle at the property line.
Members of the public were invited to speak in favor of or opposition to the petitions; no one appeared.
Members of the public were invited to address questions to the Commission for the petitioner’s response;
the following appeared:
Bob Swift, 1335 West Main Street, Carmel, questioned the nature of the Special Use.
Rebuttal:
David Stewart responded that the Special Use is use as a Church. The 2-acre tract will be rezoned and
encompassed within the 10-acre parcel utilized for the 3-phase construction for the Church—all Church.
The public hearing was then closed.
Department Report, Jon Dobosiewicz. There are actually two petitions before the Commission—one is a
rezone, the other is ADLS review. It is likely that the area between US 31 and the area to be rezoned will
return to the Commission as a rezone to commercial for office area flanking the new Church. At the time
the Commission reviewed and approved the Old Meridian District, the setback was consistent with the
600-foot setback from US 31 and did not encroach. Also at that time, the Church did not know what its
future plans were or how the site would be laid out—that is known today.
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The Church is now proposing to rezone the parcel out of the US 31 Corridor and to the OM/Special Use
designation. A new legal description will be submitted—one parcel outside of the Special Use, and one
that contains the subject area so there is no “split-zoning.” The Department’s recommendation on the
rezone is favorable. The recommendation on the ADLS is also favorable.
Docket No. 140-03 Z, St. Christopher’s Episcopal Church-Rezone along with Docket No. 147-03
ADLS for St. Christopher’s Episcopal Church were forwarded to the Special Study Committee for
further review on Thursday, November 6, 2003 at 7:00 PM in the Caucus Rooms of City Hall.
Note: The petitioner will bring material samples for Committee review along with an enlarged landscape
plan for better detail and number of species.
Following a short recess, the Commission continued with the business at hand.
I. Old Business:
1i. Docket No. 77-03 Z; (#03050030); Hearthview Residential PUD
The applicant seeks to rezone a 6.5 acre parcel from R-1/Residence to a PUD (Planned
Unit Development) District designation. The property is generally located at the
southeast corner of 116th Street and the Monon Trail.
Filed by Filed by Joseph M. Scimia of Baker and Daniels for Hearthview Residential.
Joe Scimia, attorney with Baker & Daniels, 600 East 96th Street, Indianapolis, appeared before the
Commission representing the applicant. Kelli Lawrence and Jim Thomas of Hearthview Residential;
Greg Rasmussen, Lamson TerHorst, Engineers; Roger Kilmer, attorney with Baker & Daniels, were also
in attendance.
As a result of extensive meetings with the neighbors and input from the Committee, the project was
revised. The subject site is south of 116th Street, adjacent to and immediately east of the Monon Trail,
currently zoned R-1. The area to the immediate south is the Donnybrook Subdivision. There is
somewhat an intervening parcel abutting Donnybrook and the parcel that is being requested for rezone.
The proposal for rezone does not include the first parcel to the east of the development site—it is not
under the ownership of the developer and is not proposed for development.
The revised proposal provides for 10 structures to be built—single-family attached units with one
common wall. The existing residence on the property will be retained and hopefully sold. The project
will be developed as a condominium association. The common areas and exterior of the buildings will be
maintained by the Association, the individual owners will own the interior of their unit. The proposal is
for all brick exterior, except for the gables; the garages number two per structure. The size of the units is
now 1800 square feet minimum with the ability to have the second floor built-out for an approximate
2300 square feet. The current price-point is between $275, and $325,000—over $125 per square foot. It
is the intent that all units will be “for sale.” The actual Ordinance requires that the initial developer can
NOT rent or lease any of the units, and subsequent owners must use the units as their primary residence.
Again, the intent is that the units are for sale and NOT a rental product.
The proposed road improvements to 116th Street will more than accommodate the 20 units being added to
the area as a result of the rezoning. The proposed development is not seen as a devaluation of the
adjacent homes. The rear exterior of the townehomes that face the Monon has been altered dramatically
to provide a pedestrian-friendly look with gables on the rear, porches, and door structures. The front
façade has been softened by off setting the garages 2 to 4 feet from the other vertical lines—the garages
no longer protrude towards the street line.
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Regarding the landscape plan, at the request of the Urban Forester, some of the species of plantings were
changed, the size of the plantings were increased, and language has been adopted with respect to the
uniform act so that common language now exists. The landscape plan now meets all of the requirements
of the City Urban Forester as well as those comments of the Committee and public. Along the southern
property line is a very thick planting row that will be a landscape berm. The three property owners
located to the immediate south of the subject site are those most directly affected by this development and
the only ones that have a common property line with this property. By letters of support, those property
owners are in agreement with this proposal.
Mr. Scimia commented that this site is an in-fill property, located across from the Engeldow and Telemon
facilities, adjacent to the Monon, and it would be a unique development. Also, the property to the east is
in a flood plain and very little of that area is developable. There are unique challenges with this property
and a PUD ties-down the development plan, the elevation, and those types of assurances as to what will
be built on this site.
The same number of proposed units could be built on this site even if the zoning remained R-1, and there
would be no architectural elements, commitment to materials, landscaping, square foot minimums, etc.
that are available with the PUD Ordinance.
Department Report, Jon Dobosiewicz: The revisions in the plan were discussed at the Committee level.
The Department is offering its recommendation based on the proposal before the Commission this
evening. The current zoning would allow for this parcel to be developed into 20 home sites at a minimum
of 1100 square feet, and no requirements of elevations, etc. The guarantees with the current proposal
would ultimately be acted upon by the Council based upon information provided such as the architectural
elements, building elevations, etc. The only difference is there is not 6 feet between each of the units; if
there were, there would be no commitment on the architectural elements. The Committee voted 4-0, “No
Recommendation” to the Commission. The Department is recommending this item be forwarded to the
City Council with a favorable recommendation.
Dave Cremeans reported for the Committee. The Committee felt that while the PUD is appropriate, it is
still a rezone from R-1 to R-3. The price point is high per square footage for a duplex. This is an in-fill
property, with existing homes surrounding, and the homeowners bought their homes expecting the zoning
to remain intact. The petitioner did make a commitment at the Committee level to install sidewalks, and
that commitment should be included with any approval of this development.
Marilyn Anderson stated that this development was not an easy decision. However, Donnybrook home
owners directly abut this property, and the spokesperson for Donnybrook said they realize what could go
in here with no guarantees, and Donnybrook would rather know what they are getting than take the risk of
what could come in.
Wayne Wilson commented he had spoken with a number of the residents of Donnybrook, and they
understand that for this type of development, it is “as good as it gets” in this area as far as price-point.
Ron Houck moved to forward Docket No. 77-03 Z, Hearthview Residential PUD to the City Council with
a positive recommendation, seconded by Wayne Wilson; the motion failed 6 in favor, 3 opposed
(Cremeans, Dierckman, Kestner)
Ron Houck then moved to forward Docket No. 77-03 Z, Hearthview Residential PUD to the City Council
with No Recommendation, seconded by Dan Dutcher; the motion failed 6 in favor, 3 opposed
(Chomanczuk, Kestner, Wilson)
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Ron Houck moved to reconsider the previous motion to forward Docket No. 77-03 Z, Hearthview
Residential PUD to the City Council with “No Recommendation,” seconded by Dan Dutcher; the motion
passed 8 in favor, 1 opposed (Wilson)
2i. Docket No. 112-03 ADLS; (03070014);
Merchants' Square - Chipotle Mexican Grill
The applicant seeks approval to construct a restaurant. The site is located at 1422
Keystone Way. The site is zoned B-8/Business and is within the SR 431 Overlay Zone.
Filed by Jason Stults of Glavan-Feher Architects.
Jason Stults of Glavan-Feher, Architects, Columbus, Ohio, appeared before the Commission representing
the applicant. Revised exterior elevations were submitted together with a new site plan showing the
entry/orientation of the building. The existing building will be razed, new paving, curbing and
landscaping will be installed. The building will contain approximately 2800 square feet with 550 square
feet of outdoor seating.
The primary building material is brick with metal accents. The dumpster enclosure and exterior walk-in
cooler will be clad in brick. A mechanical equipment screen wall has been added to the roof. Wall
sconces have been added to shield the wall mounted fixtures, and the main entry has been reconfigured to
reduce the number of dissimilar materials. Umbrellas for the outdoor dining area will not have any
printed material/advertising on them.
Jon Dobosiewicz reported a favorable recommendation from the Department.
Leo Dierckman reported for the Special Study Committee. The building is very different from that
typically seen in Carmel, but the building is a unique, signature building and looks good. The Committee
ended up really liking the design and voted 5-0 for approval.
Ron Houck moved for approval of Docket No. 112-03 ADLS, Merchants’ Square, Chipotle Mexican
Grill, seconded by Leo Dierckman and APPROVED 9 in favor, none opposed.
3i. Docket No. 118-03 PV (#03080004) Walter's Rolling Acres- Plat Vacation
The applicant seeks to vacate lots within this subdivision in order to develop the Clay
Terrace Development. The site is located at southwest of 146th Street and US 31. The
site is zoned PUD/Planned Use Development.
Filed by Joe Downs for Clay Terrace Partners, LLC.
NOTE: The Petitioner was not in attendance.
Jon Dobosiewicz reported for the Department. The Committee voted to return this item to the
Commission with a positive recommendation, subject to the installation of a 6-foot wooden fence by the
developer agreed to at Committee. There is to be a permanent fence along the west and south portion of
the site down to Walters Street installed by the developer. During the construction, a 6-foot wooden fence
is to be installed along the perimeter of the site from Walters Street to the north, traversing south along the
west property line, then south and east to the nursery property.
Dave Cremeans reported for the Subdivision Committee. The petitioner did not feel it was his
responsibility to install the fence, however, the Committee insisted and conditioned their approval upon
the fence being installed. There were numerous residents of Walters Rolling Acres in attendance at the
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Committee meeting, and they are bearing the brunt of the construction. Some protection should be
offered to the residents of the area—similar to the fence around the Clarian project. The Committee voted
4-0 for approval, conditioned upon the installation of the fence.
Dave Cremeans moved for approval of Docket No. 118-03 PV Walter’s Rolling Acres, Plat Vacation,
subject to the installation of the 6-foot wooden fence as aforesaid. (Along the perimeter of the site
from Walters Street to the north, traversing south along the west property line, then south and east to the
nursery property) The motion was seconded by Leo Dierckman and APPROVED 9 in favor, none
opposed.
4i. Docket No. 123-03 DP/ADLS; (03080009); 124-03 PP; (03080010)
Townhomes of Range Line - 340 Building
The applicant seeks Development Plan and Architectural Design, Lighting, Landscaping
& Signage approval for an office building and Primary Plat approval for a two-lot
subdivision. The site is located at 340 North Range Line Road.
Filed by James J. Nelson of Nelson and Frankenberger for L.E. Investments, LLC.
Charlie Frankenberger, 5212 Carrington Circle, Carmel, attorney with Nelson & Frankenberger appeared
before the Commission representing the applicant.
The subject site is one-half acre in size, located on the east side of Range Line Road, commonly known as
340 North Range Line Road. One half of the real estate is zoned B-5 and within the sub-area of the Old
Towne District Overlay Zone; the other half is zoned R-4 and within the character sub-area of the Old
Towne District Overlay Zone.
The approval being requested pertains only to the eastern half of the real estate for ADLS/DP for the
office building. Currently existing on the real estate is a house, and the petitioner is asking for ADLS/DP
approval to renovate, repair and clean-up the existing house and re-develop for office use consistent with
the existing zoning.
The other approval being requested pertains to the entire parcel and that is Primary Plat approval to divide
the real estate into two lots. Additional approvals are pending before the Board of Zoning Appeals for
Townhomes to be located on the western half of the real estate.
The Special Study Committee voted unanimous approval for this proposal, and the Department Report
indicates favorable consideration.
Jon Dobosiewicz reported for the Department. There are two requests on this parcel. One is for Primary
Plat approval to create two separate parcels, although the parcel was never platted initially and is a metes
and bounds description surrounded by half-century old plats within the area. The proposed plat will
create two parcels: one for the office and one for the townhomes. The Department is recommending
favorable consideration. Currently, there is a substantial amount of work to repair and renovate the
existing building on the property—considered to be maintenance—and can be done without the approval
of the Commission. The DP/ADLS review by the Commission is for the parking lot, landscaping, and
ultimately the overall site aspects of the existing building. The Department is recommending favorable
consideration on that as well. Regarding the reference to BZA petitions, the multi-family (townhome) is
a Special Use under the R-4 zone under the BZA will review that and make final determination on that
proposal in November.
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Ron Houck reported for the Special Study Committee. This petition was seen as a positive in all respects
regarding the DP/ADLS and the Primary Plat in order to keep the architectural style of the home and the
investment in restoration intact. The Committee voted 5-0 in favor.
Dave Cremeans asked about comments made at public hearing regarding the close proximity of the
townhomes to the adjacent neighbor to the west and the view from the neighbor on the opposite side of
the street whose view will be two garage doors, rather than the open field.
Ron Houck stated that the neighboring building is located very close to the property line and remedies are
limited as far as landscaping or altering the building on the site. There are few options available given the
constraints of the property.
Jon Dobosiewicz commented that the Board of Zoning Appeals can review the issue at the time the
Special Use is reviewed as a public hearing matter. The DP/ADLS is related to the office building, the
Primary Plat will split the real estate into two parcels. The Plan Commission should forward an
acknowledgement of the issue to the Board of Zoning Appeals for discussion at the time the Special Use
for the townehomes is deliberated.
Jerry Chomanczuk reported that the proximity of the other building was discussed at Committee. The
patio is decent size, and with the walkway, there is ample separation between building lines. The other
elevation on the opposite side of the street was not addressed.
Ron Houck moved for approval of Docket No. 123-03 DP/ADLS, and Docket No. 124-03 PP, Primary
Plat, Townhomes of Range Line, 340 Building, with the stipulation that the aesthetic issue be forwarded
to the BZA for their deliberations; seconded by Jerry Chomanczuk and APPROVED 9 in favor, none
opposed.
5i. Docket No. 39-02 OA, 40-02 OA
Amendments to the Carmel/Clay Zoning Ordinance –
Use Table Adoption & Definitions Amendment (Text Amendments)
The petitioner seeks to make amendments to the structure of the Ordinance relating to
uses, add definitions and group all definitions into Chapter three of the Ordinance.
Filed by the Department of Community Services.
Jon Dobosiewicz appeared before the Commission on behalf of the Department of Community Services.
Jon explained that there was a “time-lag” between the approval and the Certification. The delay was in
putting this item in Ordinance format. Jon asked the Commission to re-affirm the original motion that
was made with a 9-0 Favorable Recommendation on both petitions to the City Council. Nothing has
changed on these two Ordinances; they are now in appropriate format for consideration by the Council
and the Department can incorporate the amendments into the Ordinance.
The Department is recommending favorable consideration on both Dockets, rescinding the previous
certification and recommendation, and making a new recommendation to the City Council.
Ron Houck made a formal motion to rescind the previous recommendation on Docket No. 39-02 OA and
40-02 OA, Amendments to the Carmel/ClayZoning Ordinance – Use Table Adoption & Definitions
Amendment (Text Amendments) and forward a favorable recommendation of 39-02 OA and 40-02 OA to
the City Council. The motion was seconded by Leo Dierckman and APPROVED 9 in favor, none
opposed.
J. New Business:
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1j. Docket No. 147-03 ADLS (#03090025)
St. Christopher's Episcopal Church- ADLS
The applicant seeks to construct a worship center building and expand their current
facilities. The site is located at 1402 W Main Street. The site is zoned OM/SU - Old
Meridian/Special Use.
Filed by Tim Fleck for St. Christopher's Episcopal Church.
Note: Heard with item 5h under Public Hearings
Discussion Item: Due to the resignation of Pat Rice from the Plan Commission, it became necessary to
vote on a replacement to the Board of Zoning Appeals to fulfill Ms. Rise’s term.
Leo Dierckman nominated Nick Kestner as the Plan Commission appointment to the Board of Zoning
Appeals, seconded by Ron Houck and APPROVED 8 in favor, none opposed, Nick Kestner, no vote.
There being no further business to come before the Commission, the meeting was adjourned at 10:35 PM.
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Marilyn Anderson, Vice President
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Ramona Hancock, Secretary