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HomeMy WebLinkAboutMinutes PC 10-20-09City of Carmel CARMEL PLAN COMMISSION TUESDAY, OCTOBER 20, 2009 2n Floor, Council Chambers Carmel City Hall One Civic Square 6:00 PM Members Present: Leo Dierckman, Jay Dorman, Dan Dutcher, Brad Grabow, Kevin "Woody" Rider, Rick Ripma, Madeleine Torres, Susan Westermeier Members Absent: Heather Irizarry, Carol Schleif, Steve Stromquist DOCS Staff Present: Director Michael Hollibaugh, City Planner Angie Conn, Legal Counsel John Molitor Also Present: Ramona Hancock, Plan Commission Secretary The Minutes of the September 15, 2009 meeting were approved as submitted. Legal Counsel Report, John Molitor: Request to schedule Executive Session of the Executive Committee to discuss pending litigation Johnson Acres Garage. Department Report, Angie Conn: The SmartCode Rezone and Text Amendment were forwarded to the Plan Commission by the Subdivision Committee on October 15, 2009; those items will be heard this evening. H. Public Hearings 1 4. Docket No. 09080023 PP: The Cottages at Carmel Primary Plat The applicant seeks plat approval for 40 lots on 6 acres. Also, subdivision waivers requested are: Docket No. 09080024 SW SCO 6.03.20: no private streets permitted Docket No. 09080025 SW SCO 6.05.01: minimum lot width of 50 -ft at street R/W Docket No. 09080026 SW SCO 8.09.01: sidewalks on both sides of street required The site is located at 531 S. Guilford Rd. and is zoned B -7 /Business. Filed by Justin Moffett for Highline Construction, Inc. Present for Petitioner: Jim Shinaver, attorney, Nelson and Frankenberger; Jon Dobosiewicz, Land Planner with Nelson and Frankenberger; Justin Moffett, developer. Overview: ADLS /DP approval granted in 2007 for The Cottages (Guilford Patio Homes) Patio Homes containing duplex and tri -plex units S /PlanCommission/Minutes /2009/PC- 2009 -oct20 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 1 Development contains 40 units on site At time of approval in 2007, project was stated as an "HPR" or condominium community Due to mortgage lending at this time, it is difficult for buyers to obtain a mortgage on condominium units Current request for Primary Plat would allow homes to be sold in "fee simple" title as homes and not condominiums No substantive design details have changed Minor change includes making detention pond in northern part of property a vegetative dry basin rather than a wet pond More duplex -type units added and tri -plex unit numbers decreased Overall density of site is unchanged at 40 units Minor changes also include subdivision waivers for private streets, lot width, and sidewalks Petitioner will appear before BZA next week for variances Request suspension of Rules and final vote this evening Public Remonstrance: None Public Hearing Closed Department Report, Angie Conn: Recommend suspension of the Rules of Procedure Recommend final vote this evening Motion: Kevin "Woody" Rider "to suspend the Rules of Procedure." Motion seconded by Sue Westermeier, voted 8 -0 Motion Approved. Motion: Kevin "Woody" Rider "to approve Docket No. 09080023 PP, The Cottages at Carmel, Primary Plat and Docket Nos. 09080024 SW, 09080025 SW, 09080026 SW.' Motion seconded by Rick Ripma, voted 8 -0 Motion Approved. 5. Docket No. 09090016 SW: Lincolnshire Subdivision, Section 1 The applicant seeks a subdivision control ordinance waiver from Section 8.09.01: sidewalks installed on both sides of the street in accordance with Carmel standards. The site is located at the northwest corner of 141S St. and Towne Rd. The site is zoned S -1 /Residence ROSO. Filed by Bryan Stumpf of Estridge Development Company, Inc. Present for Petitioner: Bryan Stumpf, Estridge Development. Overview: Request waiver for sidewalks east and west sides of entry to subdivision Proposal will reduce conflict between vehicles and pedestrians at entry Request Commission suspend Rules and vote this evening Public Remonstrance: None Public Hearing Closed Department Report, Angie Conn: Staff in support of petitioner's request Pedestrian connectivity still exists on site Recommend Commission suspend its Rules of Procedure Department recommends a vote of favorable consideration S:/ PlanCommission/Minutes /2009/PC- 2009 -oct20 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Motion: Sue Westermeier "to suspend the Rules of Procedure." Motion was seconded by Rick Ripma, Approved 8 -0. Motion: Madeleine Torres "to approve Docket No. 09090016 SW, Lincolnshire Subdivision Section 1." The motion was seconded by Sue Westermeier, voted 8 -0, Motion Approved. 6. Docket No. 09090018 CPA: 96 Westfield Subarea Plan Comprehensive Plan Amendment The applicant seeks approval to amend the Carmel Clay Comprehensive Plan (C3 Plan 2009), to adopt Land Classifications and a Subarea Plan for the 96th Street Westfield Boulevard Special Study Area, which is located south of 99th St. north of 96th St., east of the Monon, and west of Keystone Pkwy. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Present for Petitioner: Brad Johnson, Ground Rules, Inc. Overview: Proposed Amendment to Comprehensive Plan would adopt Land Classifications and Sub -area plan for 96 and Westfield Boulevard Special Study Area Held neighborhood forums /open houses and invited neighbors to attend, learn, and give input businesses as well as residents Well over 100 persons attended the open houses Website launched posting the 4 -page document as well as the proposed change in land classification map Mass email sent advising of the availability of the document on the website and notice of tonight's meeting What has been put into the plan represents a majority support for the contents Plan based on input available at open house Historic property on Haverstick proposed for preservation as residential, not subject to re- development Pedestrian connectivity to other areas (neighborhood and commercial) outside the immediate area is lacking Support heard for Aramore to move to single- family residences Area surrounded by Aramore is supported by residents for a higher density product but not commercial Goal of residents is to keep Westfield Blvd a residential corridor but supportive of those houses fronting Westfield Blvd could be developed as higher residential product, as long as it stayed residential The group generally supported commercial development along 96 Street, buffer yard, then residential Group wanted to limit development along 96 closer to Westfield to two properties deep The group supported commercial three lots deep closer to Wild Cherry Lane Golf Course was a topic of discussion —consensus was that it should stay as is No support for commercial development along Westfield Blvd Proposal would allow properties in Hamilton Heights, Forest Glen —small subdivisions closest to Westfield Blvd to use 98 Street and connect to Westfield Blvd Support for having the "fmger" streets end and not go through Cost should be borne by developers of the area, not the residents Residents feel "boxed in" by three major corridors Residents feel they are in the evolution of transportation and development /construction difficulties getting out onto Haverstick Drainage in area is a problem Problems with rental properties should be resolved as well as the congestion when commercial development occurs Hope for minor changes at Committee review Hope to return to November full Commission meeting Public Remonstrance: Pat Rice, 9659 Wild Cherry Lane, Wild Cherry Corner. In general, the plan is a positive for the 96 Street S:/PlanCommission /Minutes /2009/PC- 2009 -oct20 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Special Study area, however, there are some significant, potential legal issues that need to be addressed. Wild Cherry Corner is no longer a quiet, residential oasis. The area is in transition and the proposed land use map and sub -area map in context should reflect this reality. The map actually cuts off some of the properties in the area and that reflects some of the problems. The residents put a proposal together that would give the Plan Commission and City Council control over how the area is developed. A well designed plan could improve the entire community, increase surrounding home values in the area, and would also be in keeping with the Carmel Comprehensive Plan. Luci Snyder, City Council member representing District 5. This particular area has been a study area for several years. The people in the area had input and came out with a tremendous amount of consensus as a result of the meetings that were held. The residents along 96 Street cannot sell their homes because of the commercial possibility of the area, and people wanting to establish a business would not buy knowing the area may not convert from residential. The area is in limbo, and yet the people behind them want to make sure that when it is developed, their neighborhoods are protected and the trees and quiet neighborhood would be preserved. There are drainage issues and a bond is before the Council now to address the issue. It is evident that the residents feel that now is the time and it is up to the Plan Commission. Michelle Spahr, 9892 Haverstick, in favor of the plan, but would like some issues addressed. The neighborhood is very strongly in support of keeping the area residential; however along 96 Street, everyone realizes it will eventually convert to commercial. The concern is the depth of the commercial, (2 or 3 lots deep) and the residents are in favor of 2 lots deep with a green buffer as opposed to brick walls. The neighbors also favor single story as opposed to two -story buildings. The current commercial/businesses existing in the area are all single story buildings and in order to be consistent and in terms of "fitting in" with the area, new development should be single story. The residents are in favor of sidewalks in the area, but recommend changing the location from the south side of 99 Street to the north side of 99 Street, Keystone to Westfield Boulevard, in order to preserve the mature trees. Sidewalks currently exist in front of Waldon Pond and Brooks Bend; the understanding is that when Estridge developed the area, an easement was retained to run sidewalks to the corner of Haverstick when the need arose. Basically, sidewalks should be installed from Haverstick, west to Waldon Pond. It would be cost effective, maintain the tree canopy, and there would be less construction, since part of the area has already been cleared of trees. John Tinterra, 2700 East 96 Street, stated favor with the proposal. There has been a lot of involvement and input from the residents and the City, the area has been studied and the classic and best uses reviewed. The residents look forward to the next step in the process. General Public Comments, Unfavorable: Pete Sohls, 9629 Maple Drive resident for 25 plus years. The area has changed over the years, but has escalated in the last few years. Major concern is some changes to the PUD— basically opening Maple Drive as an access road from 99 to 96 Street makes Maple Drive a "cut- through" street. Opening Maple Drive would see a tremendous increase in the traffic. Until the same amendments can be given as those that were given to the Pittman project, i.e. widening the roads, sidewalks, streetlights for safety. One of the things that came out of the meetings is the opportunity to close off Maple Drive from 96 Street entirely. If this proposal goes forward, and if it is inevitable that Maple Drive would be opened via 99 Street, 98 Street, or through the entrance off Westfield to Pittman development, would like to see Maple Drive closed off from 96 Street and a wall installed to separate the neighborhood from commercial with a cul -de -sac at the end of the street. Mr. Sullivan strongly asked for consideration for closing off Maple Drive at 96 Street if there is commercial development rather than as proposed on the maps circulated. Rebuttal: Brad Johnson will save rebuttal for Committee utilizing a spreadsheet format with categorized comments. S:/PlanCommission /Minutes /2009/PC- 2009 -oct20 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Department Report, Angie Conn: Recommend forwarding to November 3 Special Studies Committee Commission Comments: Glad to see neighborhood involvement If Maple Drive were closed to 96 Street, would it be better if only accessible to 98 Street and not to 99 Street? Map on last page needs more streets labeled Don't lose site of the fact that 96 Street is potential, commercial development Docket No. 09090018 CPA: 96 Westfield Subarea Plan Comprehensive Plan Amendment was forwarded to the Special Studies Committee on November 3, 2009 at 6:00 PM for further review. 7. Docket No. 09090023 Z: 96th/Augusta Rezone Ray Stair Property The applicant seeks approval to rezone 2 parcels located at 3760 W. 96 St. and 9641 N. Augusta Dr., comprising of 1.83 acres, from S -1 /Residence B -7 /Business Zonings to the B- 5/Business Zoning Classification, within the Michigan Road Corridor Overlay Zone. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Present for Petitioner: Michael Howard, Hamilton County Attorney, representing Hamilton County Highway Dept. The petition was instigated by Hamilton County Highway, the DOCS, and Ray Stair. Also present, Ray Stair and son Randy. Overview: Rezone concerns northeast corner of Augusta Drive and 96 Street near 421 Michigan Rd Front parcel currently zoned B -7, back parcel currently zoned S -1 County Highway is acquiring land for construction of a round -about at 96 and Augusta Drive Right -of -way line goes through the existing, two -story office building Building is well maintained with great, mature trees The first phase of the project will extend as a four -lane road with a round -about at Augusta and Shelbourne Road As part of the process, the County met with the Stairs and talked about compensation The Stairs will be moving the existing office building, demolishing the existing garage, and moving the office building north on the lot Area is primarily commercial with residential to the east Substantial buffer exists in the form of trees and a creek Area has high -end, professional office buildings as well as commercial, Home Depot and Duke development to the northwest Hamilton County and the County Highway Dept established a "TIF" District for the project Land acquisition has been lengthy including an Inter -local Agreement with Indpls Utility re- location can now begin in the winter with construction commencing next year The Petition will rezone both parcels to B -5 /Business and allow existing building to move to the north A remainder lot may or may not be available for development Project is part of City's long -term plan for improving 96 Street corridor County anticipates re- surfacing 96 in the next few years from Shelbourne to Town Road as well as improving 106 Street Upon completion, the improvements will fall to the City of Carmel along with the southwest annexation Public Remonstrance: None S:/ PlanCommission/Minutes /2009/PC- 2009 -oct20 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Public Hearing Closed Department Comments, Angie Conn: Both parcels lie within the Michigan Road Corridor Overlay Zone Overlay promotes land for retail/business Recommend suspension of the Rules of Procedure Recommend favorable recommendation vote to City- Council DP /ADLS portion will be heard next month Plan Commission Member comments /questions: Site plan shown with taking delineated Existing and new right -of -way shown Motion: Rick Ripma "to suspend the Rules of Procedure in order to vote on this item." The motion was seconded by Dan Dutcher, voted 8 -0, Motion Approved. Motion: Rick Ripma "to forward Docket No. 09090023 Z, 96 /Augusta Rezone Ray Stair Property to the City Council with a favorable recommendation." The motion was seconded by Dan Dutcher, voted 8 -0, Motion Approved. 8. TABLED TO NOV. 17: Docket No. 09090024 DP /ADLS: 96th/Augusta Site Plan Ray Stair Property. e St north to 9641 N. Augusta Dr. just north of and adjacent to said parcel, as well as approval for parking, landscaping, lighting, and signage. The site is pending rezone approval to B 5 /Business. Filed by the Department of Community Services, on behalf of Hamilton County. 9. TABLED TO NOV. 17: Docket No. 09090004 OA: SCO Ch 4: Definitions, Amendment The applicant seeks to amend Chapter 4: Definitions of the Subdivision Control Ordinance in order to add definitions for Preliminary Plat and Final Plat. Filed by the Department of Community Servicesen behalf of the Carmel Plan Commission. 10. Docket No. 09090012 OA: ZO Ch 29: Parks and Recreation Impact Fees Amendment The applicant seeks to Amend Section 29.07: Parks and Recreation Impact Fees and Section 3.07: Definitions of the Zoning Ordinance in order to update existing impact fee provisions, as well as the definitions of two pertinent terms. The proposal would renew the impact fee that is currently imposed on new residential development to defray the cost of new parks and recreation infrastructure, for an additional five years (from 2010 to 2015). The impact fee is currently imposed at a level of $1,261 /unit. It would remain at $1,261 for an additional year, and then be increased to $1,387 effective September 2011, to $1,526 effective September 2012, to $1,679 effective September 2013, and finally to $1,847 effective September 2014. The fee would then expire in September 2015. Filed by the Carmel Department of Community Services, on behalf of the Carmel Plan Commission. 11. Docket No. 09090013 CP Amend: 2010 2015 Zone Improvement Plan (ZIP) The applicant seeks to update the existing 2005 -2010 Zone Improvement Plan, upon which the parks and recreation impact fee is based, and to add the ZIP as an appendix item to the Carmel Clay Consolidated Plan (C3 Plan).The proposal contains a projected 10 -year development plan for parks and recreation infrastructure which includes an estimated $23.45 million in additions and improvements to the existing Carmel/Clay parks system. The proposal also recommends that the existing impact fee (currently imposed at a level of $1,261 /unit) remain at $1,261 for an additional year, and then be increased to $1,387 effective September 2011, to $1,526 effective September 2012, to $1,679 effective September 2013, and S:/PlanCommission /Minutes /2009/PC- 2009 -oct20 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 finally to $1,847 effective September 2014. Filed by the Carmel Department of Community Services, on behalf of the Carmel Plan Commission. NOTE: Items 10 and 11 were heard together. Present for Petitioner: Mark Westermeier, Director, Carmel Clay Parks and Recreation. Overview: Impact Fee in Carmel is for Parks Use Only Impact Fee impacts new residents only —new development Impact Fee is for a five -year period After five -year period, impact fee must be reinstated Impact Fee must be used for named parks within the Zone Improvement Plan (ZIP) zone Impact Fee can only be used for capital projects cannot be used for operations or maintenance Public Remonstrance: None Public Hearing Closed Department Comments, Angie Conn: Impact Fee Advisory Committee met October 6, 2009 Committee voted unanimously to return Impact Fee and ZIP to the Plan Commission with a favorable recommendation Department recommends suspension of the Rules of Procedure Department recommends a favorable recommendation to City Council Impact Fee Advisory Committee Report, Rick Ripma: New Development will be utilizing the parks and will be impacted Additional parks needed along with new development Community benefits in additional parks Commission Member comments: Impact Fee tied to growth of community Impact Fee is a major funding source Request made with serious consideration Appropriate time to review the Impact Fee is now Fee Amount requested is reasonable Impact Fee ONLY AFFECTS new construction/residential Motion: Dan Dutcher "to suspend the Rules of Procedure." Motion seconded by Woody Rider, voted 8 -0, Motion Approved Motion: Woody Rider "to forward Docket No. 09090012 OA, ZO Chptr 29, Parks and Recreation Impact Fees Amendment to the City Council with a favorable recommendation and to approve Docket No. 09090013 CP Amend, 2010 -2015 Zone Improvement Plan (ZIP) and to forward to the City Council with a favorable recommendation." Motion seconded by Dan Dutcher, voted 8 -0, Motion Approved. H. Old Business 1. Docket No. 09050010 OA: Carmel SmartCode Ordinance Amendment. Adopt Article 3: CARMEL SMARTCODE as part of Carmel City Code, Chapter 10: Zoning S:/PlanCommission /Minutes /2009/PC- 2009 -oct20 7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Subdivisions. The Smart Code contains new development regulations that will affect the area of Carmel north of 116 Street and bounded by US 31 and Keystone. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. 2. Docket No. 09070013 Z: Carmel SmartCode Rezone The applicant seeks to amend the Official Zoning map of Carmel/Clay Township to include the proposed SmartCode. The area included is north of 116 east of US 31, and west of Keystone Avenue. The zones to be added to the zoning map include T1/Natural Zone, T2 /Rural Zone, T3 -E /Sub -Urban Estate Zone, T3 -L /Sub -Urban Large Lot Zone, T3 /Sub -Urban Zone, T4 /General Urban Zone, T5/Urban Center Zone, T6/Urban Core Zone, and SD /Special District. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. NOTE: Items 1. and 2. were heard together Present for Petitioner: Michael Hollibaugh, Director, Department of Community Services. Overview: Smart Code essentially a new plan for doing business in the north, central area of Carmel Area encompassed is north of 116 Street between Keystone and US 31 to the point where Keystone and US 31 come together Some key components: Existing neighborhoods all designated T -3 residential with the goal to prevent commercial encroachment and preserve residential in all areas south of Main Street Appropriate transition defmitions incorporated to go along with neighborhood preservation Initial intent was to replace Overlay Zones with "T- Zones" A number of key provisions from Overlay Zones have been migrated /referenced into T -Zones and will still rely on architectural design and landscape provisions in the Overlay Zones as well as some of the key set- backs Adjustments made to key table 12, Uses Maps now show more color contrast for easier reading Old Town Overlay Boundary incorporated into the map with contributing buildings remaining in place Commercial regulations would be in place for Range Line Road that would still allow homes along Range Line Road to be converted to business if not already —the only instance in the Code where T -3 allows for commercial Chapters 2 and 4 were eliminated because they ultimately did not apply Committee Report, Dan Dutcher: Committee reviewed in depth over the last 4 -5 months Ultimately, the proposal will be more comprehensive and user friendly Proposal is different than we are all used to working with Change takes time Current residential uses will be preserved Committee had benefit of public input, from first meeting to this evening Kudos to Staff and Consultants Committee voted 4 -0 positive recommendation to full Commission Note: John Molitor recommended a target effective date for change -over to Smart Code; possibly recommend to City Council that the re- zoning effective date for T -zones take effect no earlier than May 1, 2010 or such other date after that time as may be proposed. S:/ PlanCommission/Minutes /2009/PC- 2009 -oct20 8 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Motion: Dan Dutcher "to forward Docket No. 09050010 OA, Carmel Smart Code Ordinance Amendment, and Docket No. 09070013 Z, Carmel Smart Code Rezone, with positive recommendations to City Council, with a recommended implementation date for the Rezone of no earlier than May 1, 2010." The motion was seconded by Madeleine Torres and voted 8 -0. Motion Carried. J. New Business None K. Adjournment 7:55 PM Ramona Hancock, Secretary S:/ PlanCommission/Minutes /2009/PC- 2009 -oct20 9 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Leo Dierckman, President