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CARMEUCLAY PLAN COMMISSION
FEBRUARY 19, 2002
The regularly scheduled meeting of the Carmel /Clay Plan Commission met at 7:00 PM in the
Council Chambers of City Hall, Carmel, Indiana on Feburary 19, 2002.
Members present: Jerry Chomanczuk; Dave Cremeans; Leo Dierckman; Ron Houck; Nick
Kestner; Dianna Knoll; Maureen Pearson; Pat Rice; Paul Spranger; and Wayne Wilson, thereby
establishing a quorum.
The minutes of the January meeting were approved as submitted.
In Marilyn Anderson's absence, the Meeting was chaired by vice president Paul Spranger. Paul
Spranger introduced Maureen Pearson, Township Trustee appointment, who will serve a two
year term.
The Department of Community Services was represented by Michael Hollibaugh, Director; Jon
Dobosiewicz, Kelli Hahn; and Laurence Lillig.
Jon Dobosiewicz reported that item li. The Hamptons Primary Plat has been withdrawn by the
applicant and can be removed from this evening's Agenda. Also, item 4i. CMC Properties
Subdivision, Docket No. 145 -01 PP, has been requested by the applicant for Tabling until the
pending DP /ADLS for the same site returns to the Plan Commission. In addition, 136 Street
and Rohrer Road, Hunters Creek Office Park PUD, the applicant has requested Tabling until
the March 19, 2002 meeting.
John Molitor, Counsel, reported a tentative settlement has been entered into with Leeper Electric
in regard to the property located at US 31 and 131 Street. Mr. Molitor suggested an Executive
Committee meeting at 6:15 PM and Execution Session at 6:30 PM prior to the March 19
meeting in order to discuss the terms of the settlement agreement and any action that may be
warranted. In regard to the Bonbar Subdivision litigation—it is expected that the Judge will rule
fairly soon on this Docket, hopefully by the end of March.
Legislature activity is currently being monitored and the only Bill affecting planning and zoning
is Senate Bill 341 introduced by Senator Murray Clark.
Ron Houck moved to reschedule the April meetings as follows: April 09 for Committees, April
23 for full Plan Commission. The motion was seconded by Dianna Knoll and APPROVED 10-
0.
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Point of Information: Wayne Wilson said as Chairman of the Land Use and Annexation Committee
of the City Council, he will be testifying tomorrow on a Senate Bill and House Bill in regard to
future zoning considerations in Clay West. The goal is to add the City of Carmel to both of those
Bills. As annexation goes forward in the western areas of the township, the agricultural and rural
zoning will be maintained for existing farms and will not be changed to a new classification until
such time as the property owners would sell the property.
Appointment of a Hearing Officer for BZA: Michael Hollibaugh addressed the Commission
saying there is language in Ordinance Z -366 that provides for the appointment by the Plan
Commission of a hearing officer for the Board of Zoning Appeals. This item was discussed as far
as how the process would work and the function of a hearing officer.
Pat Rice formally presented the BZA's recommendation to the Plan Commission to appoint all five
members of the BZA as a hearing officer. At the discretion of the DOCS Director, a member would
be called, as needed, to hear certain petitions that would normally come before the full BZA Board
but would be heard instead by a single hearing officer.
Dianna Knoll moved to appoint all five members of the Board of Zoning Appeals to be empowered
to serve as hearing officers for the BZA, at the discretion of the DOCS Director. The motion was
seconded by Ron Houck and APPROVED 10 -0.
Michael Hollibaugh distributed a Memo to Commission Members from Scott Brewer, Urban
Forester, regarding the relocation of wildlife. Scott has agreed to prepare a report and
recommendations for the April meeting that provide options and what other communities do as it
relates to the issue.
H. Public Hearings
th. Docket No. 2 -02 Z; Lumber Yard Mall Rezone to C -2 /Old Town
The petitioner seeks to rezone the real estate at the southeast corner of 1 St Street
SW and 2nd Avenue SW (more commonly know as the Lumber Yard Mall) from
I -1 (Industrial) to C -2 /Old Town.
Filed by the Department of Community Services.
Kelli Hahn appeared before the Commission representing the petitioner. The petition proposes
to rezone the Lumber Yard Mall from I -1 /Industrial to C -2 /Old Town and to develop as a part of
the AMLI Old Town development. The development would be entirely residential and a
combination of one and two bedroom apartments and townhomes. The units would front on the
Monon with parking to the east. A draft elevation was distributed to the Commission members.
This proposal would go through the Carmel Redevelopment Commission's architectural review
committee for architecture and design approval. The proposal would then be heard by the
Director as hearing officer for the Plan Commission for Development Plan and ADLS approval.
The Commission is asked to suspend their Rules of Procedure in order to vote on this item this
evening.
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Members of the public were invited to speak in favor or opposition to the petition; no one
appeared and the public hearing was closed.
Dave Cremeans moved for suspension of the Rules of Procedure. This motion was seconded by
Leo Dierckman and approved 10 -0.
Dave Cremeans moved to recommend approval of Docket No. 2 -02 Z, Lumber Yard Mall
Rezone to C -2 /Old Town and forward to City Council. The motion was seconded by Leo
Dierckman and APPROVED 10 -0. Docket No. 2 -02 Z, Lumber Yard Mall Rezone will be
forwarded to City Council with a favorable recommendation 10 -0.
2h. Docket No. 3 -02 OA; Amendments to the Carmel /Clay Zoning Ordinance
The petitioner seeks to make amendments to the C -1 Chapter of the Zoning
Ordinance.
Filed by the Department of Community Services.
Kelli Hahn appeared before the Commission representing the Department of Community
Services. The revisions in the C -1 Chapter of the Zoning Ordinance were requested by the
Redevelopment Commission to provide greater flexibility as they negotiate projects within the
redevelopment areas in C -1 and C -2, specifically architectural, landscaping, signage provisions.
It was determined that greater flexibility was needed to get the high quality designs that are
being negotiated.
Members of the public were invited to speak to this petition, either favor or opposition; no one
appeared and the public hearing was closed.
Dave Cremeans moved for suspension of the Rules of Procedure, seconded by Dianna Knoll and
approved 10 -0.
Dave Cremeans moved to send a favorable recommendation on Docket No. 3 -02 OA,
Amendments to the Carmel /Clay Zoning Ordinance, to the City Council. The motion was
seconded by Leo Dierckman and APPROVED 10 -0.
3h. Docket No. 4 -02 OA; Amendments to the Carmel /Clay Zoning Ordinance
The petitioner seeks to make amendments to the C -2 /Old Town Chapter of the
Zoning Ordinance.
Filed by the Department of Community Services.
Kelli Hahn appeared before the Commission representing the Department of Community
Services. Similar reasons and changes apply to this Docket as cited in Docket 3 -02, and the
Department is requesting a favorable recommendation at this time.
Members of the public were invited to speak to this petition, either favor or opposition; no one
appeared and the public hearing was closed.
Dave Cremeans moved for suspension of the Rules of Procedure. The motion was seconded by
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Leo Dierckman and approved 10 -0.
Dave Cremeans moved for favorable recommendation to the City Council to approve Docket
No. 4 -02 OA, Amendments to the Carmel /Clay Zoning Ordinance. The motion was
seconded by Leo Dierckman and APPROVED 10 -0.
I. Old Business
li. Docket No. 141 -01 PP; The Hamptons (Primary Plat)
The applicant seeks approval to plat a 197 -lot residential subdivision on 154.806±
acres. The site is located on the southwest corner of West 141 Street and Towne
Road. The site is zoned S -1 /Residential.
The petitioner also seeks approval of the following Subdivision Waivers:
141 -01b SW SCO 7.1 15% Standard Open Space Requirement
Filed by Charles D. Frankenberger of Nelson and Frankenberger for Raymond
Roehling.
WITHDRAWN BY PETITIONER
2i. Docket No. 96 -01 Z; Old Town Overlay District
Petitioner seeks a favorable recommendation for the establishment of the Old
Town Overlay District. The area affected is commonly known as Old Town.
Filed by the Department of Community Services for the Old Town Task Force.
Jon Dobosiewicz presented the petition for the Old Town Task Force. The Task Force met on
Thursday, February 7 and discussed this item at length. The amended Ordinance and
modifications are being recommended for forwarding to the City Council with a favorable
recommendation.
Leo Dierckman reported the Committee vote of 5 -0 for approval of the Old Town Overlay
District. Leo recommended "Kudos" to Kelli Hahn for many hours of good work on this project
and valuable input from the public.
Leo Dierckman moved for approval of Docket No. 96 -01 Z Old Town Overlay District and
forwarding to City Council with a favorable recommendation. The motion was seconded by
Pat Rice and APPROVED 10 -0.
3i. Docket No. 135 -01 Z, 136 -01 CPA;
Home Place District Overlay Zone Comprehensive Plan Policies
Petitioner seeks a favorable recommendation for the establishment of the Home
Place District Overlay Zone Comprehensive Plan Policies. The area affected is
generally known as Home Place.
Filed by the Department of Community Services for the Home Place Task Force.
Jon Dobosiewicz appeared before the Commission for the Home Place Task Force. The
revisions included in the Department Report are those recommended by the Committee. The
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approval should be done in two separate motions, one for the Overlay Zone, Docket No. 135 -01
Z, and one for the Comprehensive Plan Policies, Docket No. 136 -01 CPA.
Leo Dierckman reported the Committee had gone over the proposed Overlay page -by -page. Mr.
Dierckman complimented the Subdivision Committee and said they had been very thorough in
their review and made the job easier. Again, thanks to Kelli Hahn, and Home Place area resident
Jack Edwards, in attendance this evening. The Committee voted 5 -0 to approve the Overlay and
Comprehensive Plan Policies.
Wayne Wilson had accolades for Dave Cremeans and Ron Houck, for their time and effort.
Leo Dierckman moved to recommend approval of Docket No. 135 -01 Z, Home Place District
Overlay Zone, and forward to City Council with a favorable recommendation. The motion was
seconded by Ron Houck and APPROVED 10 -0.
Leo Dierckman moved to recommend approval of Docket No. 136 -01 CPA, Comprehensive
Plan Policies, and forward to City Council with a favorable recommendation. The motion was
seconded by Pat Rice and APPROVED 10 -0.
4i. Docket No. 145 -01 PP; CMC Properties Subdivision (Primary Plat)
The applicant seeks approval to plat a 3 -lot commercial subdivision on 11.29±
acres. The site is located at the northwest corner of West 131 Street and North
Meridian Street. The site is zoned B5 /13usiness and a portion is within the US 31
Overlay Zone.
Filed by E. Davis Coots of Coots Henke Wheeler for CH Land LLC and CMC.
TABLED TO MARCH
5i. Docket No. 148 -01 CA (Commitment Amendment) Hazel Dell Corner
Petitioner seeks Commitment Amendment approval to revise the list of special
uses permitted on Lots 2, 3, and 4 within the Hazel Dell Corner Subdivision. The
site is located at the northwest corner of East 131 Street and Hazel Dell
Parkway. The site is zoned B -3 /Business.
Filed by Paul G. Reis of The Reis Law Firm for Plum Creek Partners, LLC.
Paul Reis, attorney, with offices at 12358 Hancock Street, Carmel, appeared before the Commission
representing the applicant, Plum Creek Partners. Revised commitments and a new list of permitted
uses have been submitted to the Department and subsequently, to the members of the Plan
Commission on February 8 To date, no comments have been received from the Plan Commission,
and the petitioner is requesting approval of the list of uses and the commitments.
Department Report, Jon Dobosiewicz is recommending approval of the commitments, as amended
by the Committee. The revised commitments are to be recorded to be in effect.
Leo Dierckman reported the Committee had voted 5 -0 in favor of the list of uses and the
commitments, as amended.
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Pat Rice moved for approval of Docket No. 148-01 CA, Hazel Dell Corner. The motion was
seconded by Leo Dierckman and APPROVED 10 -0.
6i. Docket No. 150 -01 DP Amend ADLS Amend Stewart Stewart Office
Building
Petitioner seeks to amend their Development Plan and Architectural Design,
Lighting, Landscaping Signage approval for a building addition. The site is
located at 931 South Range Line Road. The site is zoned B -7.
Filed by Phillip Stewart.
Ron Houck recused himself from discussion and voting on this Docket item.
Note: The petitioner was not in attendance.
Leo Dierckman moved for approval of Docket No. 150 -01 DP Amend ADLS Amend,
Stewart Stewart Office Building, subject to written Findings of Fact to be completed at the
March 5 Committee meetings. The motion was seconded by Dianna Knoll and APPROVED 9
in favor, 0 opposed, Ron Houck recused
7i. Docket No. 155 -01 ADLS Parkwood Crossing East (College Hills PUD)
Petitioner seeks Architectural Design, Lighting, Landscaping Signage for an
office complex. The site is located northwest of East 96 Street and North College
Avenue. The site is zoned PUD (Planned Unit Development).
Filed by Charles D. Frankenberger of Nelson Frankenberger for Duke Realty
Corp.
Blair Carmisino, Duke Realty, 600 East 96 Street, Carmel, appeared before the Commission
representing the applicant. The only substantial change to come out of Special Study Committee
is the removal of part of the pylon signage that removed the "Leasing" portion of the sign.
Leo Dierckman reported the Committee had voted 5 -0 in favor of the ADLS.
Jon Dobosiewicz, the Department recommends adoption of the ADLS, as amended.
Leo Dierckman moved for approval of Docket No. 155 -01 ADLS, Parkwood Crossing East
(College Hills PUD). The motion was seconded by Dave Cremeans and APPROVED 10 -0.
8i. Docket No. 160 -01 OA; Amendments to the Carmel /Clay Zoning Ordinance
The petitioner seeks to add new provisions and make several corrective
amendments to the Zoning Ordinance.
Filed by the Department of Community Services.
Laurence Lillig, Department of Community Services, said the changes discussed at Committee
have been incorporated into the Ordinance. In addition to those changes, there were provisions
that would have affected the C -1 and C -2 sections of the Zoning Ordinance and those
amendments have been pulled from Z -369 because they may or may not have conflicted with the
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Ordinances presented at public hearing this evening.
Leo Dierckman reported the Committee did not have any real issues and the changes were all
agreed. The Committee voted 5 -0 in favor.
Pat Rice moved to approve Docket No. 160 -01 OA, Amendments to the Carmel /Clay Zoning
Ordinance, and forward to City Council with a favorable recommendation. The motion was
seconded by Leo Dierckman and APPROVED 10 -0.
At this point, the Commission reverted to item 6i., Docket No. 150 -0 -1 DP Amend /ADLS
Amend, Stewart Stewart Office Building.
J. New Business
lj. Docket No. 163 -01 ADLS Lot 1 of Merchants' Pointe, Forum Credit Union
Petitioner seeks Architectural Design, Lighting, Landscaping Signage for a
Financial Institution. The site is located at 2359 East 116 Street. The site is
zoned B -8 /Business.
Filed by James J. Nelson of Nelson Frankenberger for Forum Credit Union.
Jim Shinaver, attorney with Nelson Frankenberger, appeared before the Commission
representing the applicant. Also in attendance were: Brian Crum and Andy Mattingly of Forum
Credit Union; Tom Martin, construction engineer; Corey Meyer of Weihe Engineers; and Steve
Robinson, Browning, Day, Architects.
The site landscape plan was shown for the overall development of Merchants' Pointe. The
Forum Credit Union is located on Lot 1 on the western portion of the development near the
intersection of 116 Street and AAA Way. The entrance to the Credit Union will be located off
of Pointe Parkway; the main entrance will be located off of the east elevation. There will be a
drive -thru window.
There is a significant amount of landscaping on both the interior and perimeter of the site. Scott
Brewer has reviewed and approved the landscape plan and changes suggested by the Department
Report, additional shrubs, have been incorporated into the revised plans.
Regarding signage, there are two contemplated —one on the north elevation and the other on the
western elevation of the building. The building is similar in materials and character to the
adjacent Borders Bookstore and O'Charley's Restaurant. The same brick color, window frame
color, and glass color as is utilized by Borders and O'Charley's. The brick itself is called
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"Jumbo Saint Anne Blend" and is manufactured by the Belden Brick Company. The window
frame and entry systems are champagne in color with clear glass. The windows have a
decorative, spandrel glass panel. There are also brick accents across the top of the building, blue
in color. The coving and window treatment areas are done with an EFIS material, natural
limestone in color, to match Borders and other adjacent buildings.
The east elevation of the building shows the entry to the building, location of the ATM machine,
and how cars would essentially appear point out of the window service area of the bank. The
south elevation faces the interior of the development. The west elevation shows the location of
the proposed wall sign and how cars appear as they exit the window service area of the bank.
In conclusion, The Linder Company has reviewed and approved the architectural design and
aesthetic elements of the building. The building is consistent with design and features as
compared with the adjoining buildings in this development.
Department Report, Jon Dobosiewicz recommended this item be forwarded to the Special Study
Committee for further review on March 5, 2002 at 7:00 PM in the Caucus Rooms of City Hall.
The applicant has submitted a revised landscape plan adding the shrubs along the perimeter of
the parking lot that were requested by the Department. In addition, the Committee should be
provided with building elevations of the Borders Bookstore as well as the other buildings that
create the backdrop. This will give the Committee a full understanding of what has been
approved in the past and how this building relates in design to those buildings. The signage
proposed includes two wall signs and one ground sign. As indicated in the Department Report,
the use would be permitted two signs, one of which could be a ground, and a wall sign or two
wall signs, as long as they do not exceed two signs. Additional signage would require a variance
from the BZA. The rendering of the ground sign is consistent with signage approved for the
balance of the center. The proposed wall sign shows individual, channel letters creating the
Forum Credit Union "Bar" with the returns being blue —this may be a point of discussion for the
Committee whether the return should be compatible with the side of the building to blend in.
Leo Dierckman asked that the rendering for the front of the building be up- graded for the
Committee.
Nick Kestner noted a pathway between the multi purpose path and the building. Nick asked that
the parking lot be marked for pedestrian safety.
Ron Houck asked for clarification on the number of parking spaces. Corey Meyer with Weihe
Engineers stated there are 17 parking spaces. The site plan shows space markings and also the
cross -walk on the bituminous path connecting to 116 Street.
Jon Dobisiewicz commented the Ordinance requires 12 spaces; the petitioner has provided 5
additional.
Docket No. 163 -01 ADLS Lot of Merchants' Pointe, Forum Credit Union was forwarded
to the Special Study Committee for further review on March 5, 2002 at 7:00 PM in the Caucus
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Rooms of City Hall.
There being no further business to come before the Commission, the meeting was adjourned at
8:15 PM.
Paul Spranger, Vice President
Ramona Hancock, Secretary
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