HomeMy WebLinkAboutMinutes PC 12-15-09Members Present:
Members Absent:
DOCS Staff Present:
City of Carmel
CARMEL PLAN COMMISSION
DECEMBER 15, 2009
City Hall Council Chambers
One Civic Square
Carmel IN 46032
6:00 PM
Jay Dorman, Dan Dutcher, Kevin "Woody" Rider, Carol Schleif,
Steve Stromquist, Sue Westermeier
Leo Dierckman, Brad Grabow, Heather Irizarry, Rick Ripma,
Madeleine Torres
Director Michael Hollibaugh, City Planner Angie Conn. John Molitor, Legal
Counsel was also in attendance.
Also Present: Ramona Hancock, Plan Commission Secretary
The Minutes of the November 17, 2009 meeting were approved as submitted.
Department Report Concerns, Angie Conn: All three items for Public Hearing this evening have been
Tabled to Thursday, January 21, 2010 —Long Branch Market/Kroger; CVS Pharmacy; and Chapter 4 of
the Subdivision Control Ordinance.
Legal Counsel Report, John Molitor: Copies of Order of Respondents' Motion to Strike and on
Petitioner's Second Amended Verified Petition for Writ of Certiorari was distributed to Commission
members this evening in the case involving Holiday Inn. The Plan Commission's decision was upheld.
The petitioner does have another opportunity to appeal to the Indiana Court of Appeals within 30 days of
the date of decision.
Also, two Ordinances proposals —were returned by City Council: Park Impact Fee came back with a
minimal amendment. The Council added language in the Ordinance regarding the phased -in increases.
The provision was added that the Council would specifically re- affirm in advance each of the four,
scheduled, annual increases. The Council did not turn down the increases, but it does want to take a
specific look at them each year before the increases would go into effect.
Woody Rider noted comments from the City Council that due to the economy, this is probably not the
time to confirm an increase, even though the earliest it could be in effect was Fall 2011 or Spring 2012.
Again, the proposal/amendment, is only on new construction.
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John Molitor commented that the Plan Commission would also need to review the proposal annually, in
advance, in order to make a recommendation.
SmartCode: Woody Rider reported that Carmel Smart Code was returned to the Plan Commission
because of Timing issues —late submission and new remonstrance. The item would have gone before a
committee of the Council on 12/22, during the holiday break, and availability of the public was a factor.
Returning the SmartCode to the Plan Commission allows time to correct scrivener's errors. With the
benefit of extra time, the Committee will work on the document in January, even though it would not be
on the Agenda.
John Molitor, Legal Counsel noted that the Council technically "Rejected" the SmartCode proposal, and
did not feel there was adequate time to review with the window of time available. State Law provides 45
days before action of Council, and that date is January 21, 2010 —the next scheduled Plan Commission
meeting. If the Plan Commission forwards the SmartCode to the City Council at that time, depending
upon when Staff certifies it to the Council, another 45 -day window of opportunity will be triggered which
will take it to mid -March for the Council to review and make a final call.
DOCS Director Michael Hollibaugh addressed the Commission. There seemed to be specific and
consistent feedback from the public that dealt with the Old Town Area, primarily as it related to
architectural design and some of the "protections" that the Department tried to include, but it is uncertain
whether or not the language addressed all of the concerns. The Redevelopment Commission has
expressed some interest in trying to incorporate exemptions into the C -1 and C -2 exemptions that existed
under the old zoning; there were concerns about some of the protections the US 31 Overlay Zone
afforded that relate to some of the uses that were micro managed and did not make their way into the
SmartCode.
Motion: Woody Rider "to send the SmartCode to the Executive Committee of the Plan Commission."
The motion was seconded by Susan Westermeier, voted 6 -0, Motion Approved.
Note: The date for the Executive Committee will be determined and communicated at a later date. The
meeting will be open to the public.
Motion: Carol Schleif "to accept the minimal changes in the Impact Fee Proposal as voted by the City
Council." The motion was seconded by Dan Dutcher, voted 6 -0 Motion Approved.
H. Public Hearings
1. Docket No. 09100009 DP /ADLS: Long Branch Market w/ Kroger (Altum's site)
The applicant seeks site plan and design approval for a multi tenant commercial development with
outlots. The site is located at 11335 N. Michigan Rd. It is zoned B- 3/Business and located within
the US 421/Michigan Rd. Overlay Zone. Filed by Robert Barker of Zinkan Barker Development
Co., LLC.
TABLED to January 21, 2010
2. Docket No. 09100011 DP /ADLS: CVS Pharmacy at Rangeline Rd
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L Old Business
The applicant seeks site plan and design approval for a new retail building. The site is located at
1421 S. Rangeline Rd. and is zoned B- 8/Business within the Carmel Dr. Rangeline Rd. Overlay
Zone. Filed by Craig Forgey of Gershman Brown Crowley, Inc.
TABLED to January 21, 2010
3. TABLED TO JAN. 21: Docket No. 09090004 OA: SCO Ch 4: Defmitions, Amendment
The applicant seeks to amend Chapter 4: Defmitions of the Subdivision Control Ordinance (SCO)
in order to add definitions for Preliminary Plat and Final Plat. Filed by the Department -of
Community Services, on behalf of the Carmel Plan Commission.
1. Docket No. 09090017 OA: 116th and College PUD (116th Street Centre, Ph 2)
The applicant seeks approval to amend Ordinance Z- 484 -05: 116 Street Centre Planned Unit
Development (PUD). The site is located at the northeast corner of 116 St. and College Ave. and is
zoned PUD. Filed by Steve Hardin of Baker Daniels, LLP for J.C. Hart Company, Inc.
Present for Petitioner: Steve Hardin, attorney, Baker Daniels.
Overview:
Petitioner has met with Staff and talked with the neighbors regarding the site plan
Revised concept plan to address issue of east /west connection road connection with neighborhood to the
north
Request favorable recommendation to the Council
Committee Report, Woody Rider:
Northern-most building has been re- located on site
Economically, now is not a good time for townhomes
Converting to apartments necessitates higher density
Buffering? (Planting detail shown in Tab 5, as well as planting detail around trash dumpsters
Department Report, Angie Conn:
Proposal is an Ordinance Amendment Only
Site Plan and Design Review will return to Commission at a later date
Dept Recommends forwarding to Council with favorable recommendation
Motion: Carol Schleif "to forward Docket No. 09090017 AO, 116 and College PUD (116 Street Centre, Ph 2)
to the City Council with a favorable recommendation." The motion was seconded by Woody Rider, voted 6 -0,
Motion Approved.
J. New Business
Mike Hollibaugh addressed the Commission and recognized those members whose terms expire the end of this
year —Carol Schleif and Dan Dutcher —with all due thanks
K. Adjournment at 6:30 PM.
Jay Dorman, President pro tem
Ramona Hancock, Secretary
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