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HomeMy WebLinkAboutMinutes PC 03-19-02IUU °F C =y oi�� C ity of CARMEUCLAY PLAN COMMISSION MARCH 19, 2002 Members present: Marilyn Anderson; Jerry Chomanczuk; Dave Cremeans; Leo Dierckman; Dan Dutcher; Linda Flanders; Wayne Haney; Ron Houck; Nick Kestner; Norma Meighen; Maureen Pearson; Pat Rice (late arrival); Paul Spranger; and Wayne Wilson. Department Staff in attendance: Director Michael Hollibaugh; Jon Dobosiewicz, Kelli Hahn; Laurence Lillig; Jeff Kendall; Adrienne Keeling; and Intern Brian Hanson. The minutes of the February meeting were approved as submitted. John Molitor, legal counsel, reported on an Executive Session conducted at 6:15 PM this evening to discuss pending litigation, Leeper Electric property and Bonbar Subdivision. Also, one item of legislation was being followed, Senate Bill 341, having to do with technical clarifications in the Writ of Certiorari procedure when decisions of Plan Commission or Board of Zoning Appeals in respect to subdivisions are reviewed by a Court. This Bill did not receive final approval. Jon Dobosiewicz announced that Docket No. 145 -01 PP, CMC Properties, was added to this evening's "Revised" Agenda. Secondly, a request has been made by the Lauth Property Group, represented by The Reis Law Firm, that this Docket be added to this evening's Agenda under Old Business. The Department is requesting that the Plan Commission recess at the conclusion of business and re- convene the meeting on Thursday at 7:00 PM. This would allow the Commission to hold a meeting by which the petitioner could submit and discuss information that is very different from that originally proposed for the site. The item would still be at the Committee level on April 9 but would allow opportunity for the Commission to solicit input and respond to concerns that might be raised by Commission members. In addition, the Department has provided a Traffic Study that was prepared pursuant to several subdivisions that were reviewed in November, December, and January. The Department looks forward to questions and comments and will place this on an Agenda or have formal presentation at a time deemed necessary by the Commission on the findings of the report. Ron Houck moved to add the Lauth Property Docket No. 127 -01 Z to this evening's Agenda. Following a second by Jerry Chomanczuk, the motion was APROVED 10 in favor, 3 opposed (Wayne Wilson, Paul Spranger, Dave Cremeans) S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 1 H. Puhlic Hearings Note: Items 1h, 2h, and 3h were heard together. 1h. Docket No. 10 -02 Z; Village of West Clay Rezone The petitioner seeks approval to rezone an area on the West side of Towne Road (within the existing PUD) from Secondary Area to Primary Area. The site is generally located at the southwest corner of West 131 Street and Towne Road. The site is zoned PUD /Planned Unit Development. Filed by Jose Kreutz of Brenwick TND Communities, LLC. 2h. Docket No. 11 -02 OA; Village of West Clay PUD Text Amendment Petitioner seeks favorable recommendation of a text amendment to a PUD /planned unit development district. The site is generally located at the southeast corner of West 131 Street and Towne Road. The site is zoned PUD /Planned Unit Development. Filed by Jose Kreutz of Brenwick TND Communities, LLC. 3h. Docket No. 12 -02 PP Amend; Village of West Clay Primary Plat Amendment Petitioner seeks approval of an amendment to the Primary Plat for an area of the Village of West Clay on the west side of Towne Road. The site is generally located at the southwest corner of West 131 Street and Towne Road. The site is zoned PUD /Planned Unit Development. Filed by Jose Kreutz of Brenwick TND Communities, LLC. George Sweet appeared before the Commission representing Brenwick TND Communities, LLC. Jose Kreutz was also present as well as Keith Lash, Schneider Engineering. The petitioner is requesting the expansion of the historic area in the Village of WestClay. Because this is a use change, a rezone must be requested as well as an amendment to the Primary Plat and Text Amendments. The historic area surrounds the town center. Currently, the petitioner is requesting that the buildings in the historic area be built in the 19 Century architectural style. The balance of the project all around the outside and bordering the neighbors, the secondary or "Estate" area, is requested for architectural styles prior to 1950. In summary, the petitioner is not asking for any density change -only a use change that requires an Ordinance change (a rezone) that would ultimately be heard by the City Council. At the far west is a small, detached portion of the property that was a part of the zoning and currently laid out for 29 "Estate" home sites; not Village and not historic, architectural sites. The petitioner is requesting only that a church be permitted on this site as well as residential under the current zoning. With school construction currently in progress across the street, and the fact that this area is detached, this 22 acres might make an excellent church site but not currently allowed in the Ordinance. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 2 West of Towne Road is approximately 85 acres. McArthur Field is part of the amenity package. There are frontage roads virtually all around the 85 acres. The petitioner is requesting an elimination of the frontage roads. The side of the home will show from the roadside. The corner lots have become very popular and the sides of the homes have a lot of architectural finery and detail. If the church site became a church, the 29 lots would go away. Uses in the Village today allow for multiple uses, not just single family, there could be detached towne homes, apartments, retail /commercial, a great variety of what is allowed in the Ordinance. The petitioner would like to differentiate between two types of Village homes. One would have the mixed use and continue with what is allowed today. All developers within the City are subject to a Federal law called the "Interstate Land Sale Act" that involves some exemptions on how property can be delivered. By making the single- family designation, the petitioner falls under the Interstate Land Sale Act because of the architectural village. The petitioner is not really changing much other than the architecture on the 85 acres. The petitioner has met with the residents in the area and will meet again. The lights on the property are 470 volts and intricately constructed. The petitioner is actively working to reduce the light level. In summary, the petitioner is requesting expansion of the historic area that requires a rezone; primary plat amendments, and text amendments putting it into effect. Members of the public were invited to speak in favor of the petition; no one appeared. Members of the public were invited to speak in opposition to the petition; the following appeared: Tom Neal, 2555 West 131 Street, has sent Brenwick a letter in response to their petition and provided copies of the letter to the Commission. Mr. Neal said he is currently working with Brenwick on the points stated in the letter, (lighting, and appropriate screening) and Brenwick is receptive to the points stated by the neighbors. Antonia Gurerro, 2424 West 131 Street, (northwest corner 131 and Towne Road) questioned the multi -use, the maximum number of stories, examples of appropriate commercial uses, the need for another commercial area, and would rights and restrictions of the current owner be transferred if the property were sold. Also, what is the definition of "eyebrow" and where are they to be located? If rezoned for a place of worship, is that the only use? If a place of worship does not locate there, can Brenwick develop it and offer 29 building lots at this location? What is the clarification of open space and semi public recreation and what is the definition or requirements of small lots? George Sweet had the following response: Mr. Neal's letter was received, and Brenwick will be responding to that. Regarding Ms. Gurerro's comments, the maximum number of stories in the Village is probably three (for historical purposes. However, there are homes that have basements and three levels above, so possibly four stories. Generally speaking, the tallest building is the meeting house and it has three stories; there are office buildings and townhouses at three stories, there will also be S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 3 apartment buildings at three stories. The commercial area to the west is not contemplated and is considered strictly for flexibility. The entire primary area is designated as a mixed use. Rather sold or transferred, the ordinance will survive Brenwick ownership. The "eyebrows" were pointed out on the design plana street pattern that allows lot frontages to not be on a primary street and would create a pocket park or amenity area. The 22 acres as a place of worship is currently allowed; Brenwick is only asking that an alternate use be considered. Semi public open space might be construed as areas where only those certain residents of an area be allowed use. The swimming pool would be semi public use, open to all residents. Small lots in the secondary area are currently limited to 70 feet; in the primary area, small lots, single family, are limited to 40 feet. It is anticipated that lots in the secondary area could be as low as 45 feet, the bulk of the lots are 50 to 65 feet in width. Most of the Village lots are 50 feet, some are 45 feet, some of the newer homes are 45 feet, except for the corner lots. Jon Dobosiewicz referred to the Department Report. A more definitive approach is asked to demonstrate to the Commission those areas within the primary area divided into single family and multi -use. The multi -use is a slight misnomer; the Village series of homes is categorized as a use and the petitioner is suggesting that many modifications proposed require final action by the City Council once the Plan Commission forwards its recommendation. This request would allow the Village type of home within the area as opposed to some of the character seen in the far eastern portion of the Village closer to other subdivisions platted along Ditch Road to the east. Paul Spranger asked about the lighting issuea serious amount of vertical propagation of light and a narrow frequency in terms of color of light that gives it an "industrial park" or "international airport" look, especially when foggy, and this is an inappropriate look for a residential area. The lighting issue should be looked at anew and consideration given to possible mitigation, either through shielding or change -out in bulbs, lower wattage or color. Paul Spranger asked the petitioner for some resolution on the lighting issue and mitigation in an appropriate way. Docket Nos. 10 -02 Z, Village of West Clay Rezone; 11 -02 OA, Village of West Clay PUD Text Amendment; and 12 -02 PP Amend, Village of West Clay Primary Plat Amendment, were referred to the Subdivision Committee for further review on April 9, 2002 at 7:00 PM in the Caucus Rooms of City Hall. 4h. Docket No. 14 -02 PV; A portion of Danbury Estates Subdivision, Plat Vacation Petitioner seeks to vacate a portion of the Danbury Estates Subdivision including Lots 24 through 32, and a portion of the right -of -way of Durham Drive and Dublin Drive. The site is generally located at the southwest corner of the Danbury Estates Subdivision in the City of Carmel. The site is zoned PUD and R -4 Residence. Filed by the Board of Commissioners of Hamilton County. Mike Howard, attorney, appeared before the Commission representing the Hamilton County S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 4 Commissioners. Permission is requested to vacate a portion of the Danbury Estates Subdivision plat. Every lot owner in the subdivision has been provided with notice. The petition to vacate clears up some title issues associated with the Lowe's /Kite development on the southeast corner of 146 Street and State Road 31. Danbury Estates was platted in 1994. As lots began to be sold, the Hamilton County Highway Department became aware that a house was being built in line with a proposed frontage or access road that was planned as part of the 146 Street/31 Long Range Engineering Plan The Hamilton County Highway Department purchased 7 of the 8 lots, (24 through 31) other than lot 30, and a house had already been built there. The County has acquired the lot and the home has been demolished. The Commissioners have title to all of the lots. Mr. Howard pinpointed the parcel and the 10 foot strip where a wall was approved in 2000 as part of the PUD Ordinance recommended to the City Council. The wall has been constructed to the edge of the lots. The vacation petition also vacates the covenants and restrictions as they apply to these lots. Mr. Howard circulated a color rendering of the area showing the lots, right -of -way, and a turn- around and access area for the property owner to the south. The northern portion also showed a rectangular conveyance. The Fire Dept. suggested a wider right -of -way in order to provide for a turning radius. The wall parcel will be conveyed either to Lowe's or to the owner of the southern Kite parcel. Pursuant to the PUD Ordinance, title to the wall parcel will remain with the development parcel and be maintained according to those covenants and that ordinance. The right -of -way area will be dedicated to the State of Indiana. Because it has been severed, the northern portion of the real estate will be conveyed to Kite Development. There is no change in any part of the development plan of the PUD, this is only to clear the title and allow those uses to go forward and the construction of the wall. The conditions of the area have changed, and the vacation of the plat allows the right -of -way and economic use of the land severed to the west. The construction of the wall is also permitted. Leo Dierckman moved to suspend the Rules of Procedure, seconded by Dave Cremeans, and APPROVED 14 -0. Leo Dierckman moved for approval of Docket No. 14 -02 PV, Plat Vacation for a portion of Danbury Estates Subdivision, seconded by Pat Rice. The motion was APPROVED 14 -0. 5h. Docket No. 19 -02 PP; Western Hills Subdivision (Primary Plat) The applicant seeks approval to plat a 101 -lot residential subdivision on 80± acres. The site is located on the southeast corner of West 141 Street and West Road. The site is zoned S -I /Residential. Filed by Dennis Olmstead of Stoeppelwerth Associates, Inc. for Platinum Properties L.L.C. Charlie Frankenberger, attorney, appeared before the Commission representing the applicant. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 5 Also present were Paul Rioux, president of Platinum Properties, and Doug Westland of Stoeppelwerth Assoc. The subject real estate is located in western Clay Township, bordered on the north by 141 Street and on the west by West Road. Mr. Frankenberger displayed a color rendering of the primary plat showing the division of the real estate into lots, internal streets, common areas, and open space. Frontage roads exist along the western boundary of the real estate and also along the northern boundary. There is an existing forest along the southern boundary of the real estate that is included in the open space. The open space and common areas are connected by an internal trail system. The open space provided is 40% or 32 acres; 15% or 12 acres is required. The development consists of 101 lots; 9 fewer than achievable under the Residential Open Space Ordinance. It is anticipated that the homes with lots will be priced beginning at $400,000. The layout will be revised to show the frontage places along West Road shortened by a depth of one lot and grass pavers to connect to West Road for emergency access. The petitioner is in process of obtaining a written commitment pertaining to road improvements as outlined in the Department Report. The petitioner will also comply with Scott Brewer's request for the placement of landscaping material within the perimeter areas of the subdivision and medians. Members of the public were invited to speak in favor of the proposed development; no one appeared. Members of the public were invited to speak in opposition to the proposed development; the following appeared: Nancy Clampitt, former owner of the subject 80 -acre site, expressed opposition to the density of the development. Tom Chandler, 3848 West 141 Street, was opposed to the density of the proposed development—the roads in the area will not support the proposed development; and the types of homes and architectural design, landscaping, brick facade, etc. need to be addressed. Nick Armstrong, 3900 West 141 Street, concerned with lighting levels at property lines, and additional traffic West Road has no shoulder and is very narrow. Judith Beavers, and sister Muriel Hyatt, 13604 Shelborne Road (property backs up to proposed development), concerned with lighting, landscaping and density of the development. Ross Griffith, 3927 West 141 Street, very concerned with density and lighting Charlie Frankenberger indicated that the density is less than permitted under the Residential Open Space Ordinance. Regarding the traffic, the petitioner will implement the road improvements specified by the Department in its report. Issues such as architectural standards, lighting, landscaping, etc. will be elaborated upon at the Committee level. Department Comments, Jon Dobosiewicz requested written documentation pertaining to roadway improvements be submitted to the Subdivision Committee for review. Issues of S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 6 lighting can be worked through; the density of the development falls within the permissible under the Ordinance. Marilyn Anderson requested detailed landscape plans; where roads will connect in relation to the entire area; and a description of the adjoining developments Docket No. 19 -02 PP, Western Hills Subdivision (Primary Plat) was forwarded to the Subdivision Committee for further review on April 9, 2002 at 7:00 PM in the Caucus Rooms of City Hall. 6h. Docket No. 81 -02 Z, West Main US Highway 31 Rezone The petitioner seeks approval to rezone a 4.066 acre parcel of real estate from S- 2 /Residential to B-2/Business. The site is located at the northeast corner of West Main Street and US Highway 31. The site is currently zoned S- 2/Residence and is within the US 31 Overlay Zone. Filed by the Department of Community Services. Jon Dobosiewicz presented this Docket to the Commission on behalf of the Department. (By reference, this property has been referred to as the Leeper'' property.) The Plan Commission met in Executive Session earlier this evening to discuss this site. The Department is requesting this item be forwarded to the City Council this evening; this would require a suspension of the rules of procedure. Members of the public were invited to speak in favor of the petition or opposition to the petition; no one appeared and the public hearing was closed. Leo Dierckman moved to suspend the Rules of Procedure, seconded by Wayne Wilson, Unanimously approved. Leo Dierckman moved to forward Docket No. 18 -02 Z to the City Council with a favorable recommendation, seconded by Dave Cremeans. APPROVED 14 -0. 7h. Docket No. 25 -02 OA; Amendments to the Carmel /Clay Zoning Ordinance The petitioner seeks to make amendments to the P -1, Parks and Recreation, Chapter of the Zoning Ordinance. Filed by the Department of Community Services. Jon Dobosiewicz presented the Amendments to the Zoning Ordinance to the Commission on behalf of the Department. The Annexation and Land Use Committee of the City Council has discussed with the Department the rezone made last November. The committee has forwarded to the Commission for consideration some changes to the uses listed as permitted as well as special uses under that zone. The Department is recommending that the Plan Commission suspend its Rules of Procedure and forward this item directly to the Council this evening. The Ordinance would then be before Council at their meeting on April first. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 7 Members of the public were invited to speak in favor or opposition to the petition. No one appeared and the public hearing was closed. In response to questions from Dave Cremeans, John Molitor had the following comments: State Statute permits the Plan Commission to initiate a rezone proposal for 50% of the owners of the land affected. Typically, a rezone proposal comes from a landowner; however, the rezone proposal for Brookshire Golf Course was initiated by the Plan Commission. In addition, the City Council can initiate a rezone and ask the Plan Commission to pursue it through the process, even though the ground may be outside the City limits. The item before the Commission tonight is an amendment to the text of the Zoning Ordinance —not a rezone proposal. Wayne Wilson commented there is a 30 -year agreement with Woodland Country Club that it will remain a golf course for the next 30 years. Eventually, the P -1 District will also be applied to Woodland too. Leo Dierckman moved to suspend the Rules of Procedure, seconded by Dave Cremeans, and Approved 14 -0. Dave Cremeans moved to forward Docket No. 25 -02 OA to the City Council with a favorable recommendation, seconded by Leo Dierckman, APPROVED 14 -0. li. Docket No. 125 -01 Z; 136 Street Rohrer Road PUD/ Hunters Creek Office Park Petitioner seeks favorable recommendation of a rezone from the B -3 (Business) and R -I (Residence) districts to a PUD /planned unit development district on 5± acres. The site is located at the southwest corner of Marana Drive and Rohrer Road. Filed by Charles D. Frankenberger of Nelson and Frankenberger for Hunters Creek Office Park, LLC. Charlie Frankenberger, attorney with Nelson Frankenberger appeared before the Commission representing the applicant. Nathan Williams, attorney with Carmel Brethern Church, and Ernie Reno, Consultant, were also in attendance. Charlie Frankenberger reported the Special Study Committee had rendered a negative recommendation to the Commission; however, the Department has given a positive recommendation. Before a vote is taken this evening, the petitioner asked to present new information. Leo Dierckman suggested this item be returned to the Special Study Committee if this is new information. Charlie Frankenberger offered no objection to giving remonstrators time for comment. S:\P1anCommission\ Minutes \PlanCommissionMinutes \2002mar 8 Marilyn Anderson said that in view of the fact the public hearing is closed on this item, and also taking into consideration the Committee's function to review and examine information and report to the Commission, if there is new information, this item should again be sent to Committee. After conferring with his client, Charlie Frankenberger expressed a willingness to return to Special Study Committee on April 9, 2002 at 7:00 PM. Note: Items 2i. and 3i. were heard together. 2i. 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 B- 5Buisiness 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. 3i. Docket No. 147 -01 DP /ADLS CMC Carmel Office Center Petitioner seeks Development Plan and Architectural Design, Lighting, Landscaping Signage approval for an office center. The petitioner proposes to construct an office park on 9.42± acres. The site is located at the northwest corner of U.S. 31 and Main Street (131 Street). The site is zoned B -5 /Business within the US 3I/Meridian Street Overlay Zone. Filed by E. Davis Coots of Coots Henke Wheeler for CMC Properties, Inc. Dave Coots, attorney, 255 East Carmel Drive, appeared before the Commission representing the applicant. The primary plat has not changed; it has been reviewed by the Department, the Technical Advisory Committee, and the Special Study Committee. The major change that occurred is the end cap exposed stairwells were removed and enclosed, and the arch in the center of the building was utilized, thereby making all stairwells enclosed. The accent brick along the top of the building was removed so that the building had less color variation. The windows were changed from sliding, opening windows to fixed frame windows. Finally a covenant was entered by the applicant that this building would remain an office use and would not convert at any time in the future to a residential, motel, or housing unit, or any use other than a general office use. The Committee requested that lighting be added to the foundation plantings as a part of the landscape scheme to wash the front of the building with lighting appearance. The signage was requested changed to a 50 square -foot, backlit, individual channel letters, and the applicant has agreed to these changes. Leo Dierckman confirmed the Committee's requests and said the applicant had agreed to the changes. The applicant received a favorable recommendation from the Committee. Jon Dobosiewicz commented the restrictive use covenant is contained within the document that S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 9 was only submitted to the Committee. Jon Dobosiewicz said any approval of the DP /ADLS from the Commission should be subject to the petitioner providing the Department with the covenant in a format acceptable to the Commission attorney and in recordable form (Docket No. 147 -01 DP /ADLS.) Paul Spranger recommended the glass be tinted so that the enclosed stairwells will not be visible through the glass. The petitioner was agreeable. Leo Dierckman moved for approval of Docket No. 147 -01 DP /ADLS, conditioned upon receipt of commitments and covenants in format acceptable to the Department and Legal Counsel and recorded; and tinted stairwells to screen from outside view. The motion was seconded by Jerry Chomanczuk and APPROVED 14 -0. Leo Dierckman moved for approval of Docket No. 145 -01 PP, CMC Properties Subdivision (Primary Plat), seconded by Dave Cremeans and APPROVED 14 -0. 4i. Docket No. 159 -01 PP; The Townhomes at Hazel Dell Petitioner seeks approval to plat a ninety- nine -lot subdivision on 23.95± acres. The site is located northwest of East 116th Street and Hazel Dell Parkway. The site is zoned R -2 /Residence. The petitioner also seeks approval of the following Subdivision Waivers: 159 -01a SW SCO 7.0.1 Minimum distance between units of 6' 159 -01b SW SCO 7.6.3 Minimum width of 75' for Open Space 159 -01c SW SCO 6.3.20 Every Residential subdivided property shall be served from a public street 159 -Old SW SCO 6.3.24 Frontage Place exceeds 600' and does not terminate at street 159 -Ole SW SCO 6.5.1 Minimum lot frontage of 50' at right -of -way line. Filed by Paul Rioux of Platinum Properties. Note: Jerry Chomanczuk recused himself from all discussion and voting. Paul Rioux, president of Platinum Properties, and Keith Lash of Schneider Engineering, appeared before the Commission representing the applicant. This item was submitted for Public Hearing on January 15, 2002 and has been at the Subdivision Committee for review since February. The Subdivision Committee had requested certain amendments to the plan, and those have been accomplished and submitted. Dave Cremeans gave the Subdivision Committee report as 4 -1 in favor of the Townhomes. The current proposal seems to be the best development thus far on this difficult piece of ground. One of the concerns has been height of the buildings, and the petitioner indicated if the height were reduced, it would substantially change the complexion of the development and would be priced substantially lower than the proposal. The petitioner has made a number of concessions, including incorporating more brick into the development. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 10 Wayne Haney, Subdivision Committee member, said he voted against the proposal. Mr. Haney said there was a question as to whether or not public notice had been given to residents at Brighton Woods Subdivision. Jon Dobosiewicz commented that a resident of Brighton Woods had asked is appropriate notice had been given—it was found that appropriate parties had been notified. The Department has not been notified that an individual was due notice and did not receive notice. Wayne Haney said he had received several letters, one of which indicated that the developer of Brighton Woods had received notice but not the individual resident. Mr. Rioux said he had a certification from the County Auditor's office that all persons due notice had received notice. In the meantime, over the six months that this item has been actively reviewed, new residents have moved in across the street. Mr. Rioux said he had certifications from Mr. Nelson's office and the County Auditor that they had met the ordinance. Wayne Haney had the following comments: The proposal is inappropriate for this narrow strip of land, and the proposal can only be developed if the waivers are granted. If the waivers are approved, it allows the construction of 97, three -story, walk -up units on the southeast leg of this odd shaped parcel. This, in turn, would include 3 to 400 residents, 200 plus vehicles, no rear yards, no side yards, and minimal front yards. Mr. Haney was not in favor of waiving subdivision requirements so that something could be built on this parcel. Mr. Haney felt the ground could be developed under strict compliance with the R -2 zoning. In response to questions from Dave Cremeans, Jon Dobosiewicz said the current proposal is one of perhaps 100 different ways the property could be developed. It is the Department's position that this proposal is a sound one and the applicant has responded to all of the concerns raised by the Committee. The property could be developed in another manner, just as all other developments approved by the Plan Commission could have been developed in another manner. Could this property be developed without the use of waivers? Professionally speaking, 'No," specifically with regard to the request for reduction in the frontage place length that the applicant has applied for pursuant to recommendations made by the City Engineer's office to align this driveway cut with Brighton Woods to provide access at this location as opposed to another location. Considering the size of the site, its proximity to Hazel Dell Parkway, and the narrowness of the lot, a single family development with lots fronting Hazel Dell Parkway could not be developed without waivers. The Plan Commission has the authority to grant waivers where the resulting product would be equal to or superior. Pat Rice expressed concern with the look of the buildings as well as the height, and thought the project would be disappointing if allowed to build out. Nick Kestner was concerned about access for emergency vehicles. There is also little to no area for guest parking. This type of housing works well in an area where pedestrian traffic is heavy. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 11 Wayne Wilson again referred to the question of proper notice —also questioned by fellow Councilman Rundle. Mr. Rioux said he has met with the residents on a number of occasions and has taken dozens of phone calls. The petitioner has been as diligent as is known. Jon Dobosiewicz said the petitioner has provided information as required of every petitioner in that a certified list by the County Auditor was provided under the Rules of Procedure. It is incumbent upon those individuals who have raised questions to the Plan Commission members to seek out the answer for themselves. There is not a third level of requirement. Ron Houck thought perhaps the larger issue is addressing ingress /egress for the Townhomes and then moving on. This can probably be addressed at Committee. Docket No. 159 -01 PP, The Townhomes at Hazel Dell, was returned to the Subdivision Committee for further review on April 9, 2002 at 7:00 PM in the Caucus Rooms of City Hall. Note: Items 5i. and 6i. were Heard Together. 5i. 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. 6i. Docket No. 135 -01 Z, Home Place District Overlay Zone Petitioner seeks a favorable recommendation for the establishment of the Home Place District Overlay Zone. The area affected is generally known as Home Place. Filed by the Department of Community Services for the Home Place Task Force. Jon Dobosiewicz presented these two items to the Plan Commission. These items have been placed on the Agenda by the Department in order to resolve technical matters nothing has changed from the time the Commission made favorable recommendations to the City Council. Since the time of the original recommendation, more than 10 days has elapsed. Prior to the 10 day time period, two certifications were made to City Council: one on the text amendment for Home Place, and one on the text amendment for Old Town. After the ten days had elapsed, the Department was advised by Counsel that two ordinances were needed to forward to City Council for action: one regarding the TEXT of the individual zones, one identifying the MAP amendment to be made to the official zoning map. In essence, no new information is being considered. Another vote should be taken so that a certification within ten days of the vote on the map portion of the Old Town Overlay and the Home Place Overlay can be made. Leo Dierckman moved for approval of Docket No. 96 -01 Z, Old Town Overlay District, and Docket No. 135 -01 Z, Home Place District Overlay Zone. The motion was seconded by Dave Cremeans and APPROVED 14 -0. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 12 Add On Item: Docket No. 127 -01 Z US Highway 31 and 146 Street, PUD, Petitioner seeks favorable recommendation of a rezone from the B -3 Business and R- 1 /Residence Districts to a PUD Planned Unit Development District on 56.79 acres. The site is located at the southwest corner of US Highway 31 and East 146 Street Filed by Paul Reis of The Reis Law Firm for the Lauth Property Group Jon Dobosiewicz said the Department is recommending the Plan Commission recess and re- convene at 7:00 PM on Thursday, March 21 to allow the petitioner an opportunity to present new information. This is further complicated by the fact that a quorum could not be reached for the Subdivision Committee to meet that evening. With this procedure, it allows the committee members and all interested on the City Council to have additional comment on this item. Wayne Wilson commented that there are a lot of members of the public interested in this item, and he was concerned that public would not have adequate notice for the meeting on Thursday. Pat Rice suggested putting this item on the next Committee meeting agenda for April 9, 2002. All Commission members agreed with this course of action. Docket No. 127 -01 Z, US Highway 31 and 146 Street PUD, was forwarded to the Subdivision Committee for review on April 9, 2002 at 7:00 PM in the Caucus Rooms of City Hall. None There being no further business to come before the Commission, the meeting was adjourned at 9:15 PM. Marilyn Anderson, President Ramona Hancock, Secretary S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002mar 13