HomeMy WebLinkAboutMinutes PC 04-23-02CARMEUCLAY PLAN COMMISSION
APRIL 23, 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 April 23, 2002.
Members present: Marilyn Anderson; Jerry Chomanczuk; Dave Cremeans; Leo Dierckman; Dan
Dutcher; Linda Flanders; Ron Houck; Dianna Knoll; Nick Kestner; Norma Meighen; Pat Rice;
and Wayne Wilson, thereby constituting a quorum.
The Department of Community Services was represented by Michael Hollibaugh, Director; Jon
Dobosiewicz, Kelli Hahn Lawrence; and Adrienne Keeling.
The minutes of the March meeting were approved as submitted.
John Molitor reported that the Leeper Electric case was scheduled for trial this week. The
parties have been ordered back to mediation by the Judge and another conference is expected.
Another trial date has been set for August. Also, a draft of the Order and Proposed Special
Findings were filed for the Bonbar matter and a decision is expected in another 30 days.
There are proposed changes in the Rules of Procedure that have been distributed to each
Commission member. Mr. Molitor suggested that a meeting of the Executive Committee be
scheduled for next week to go over the proposed amendments for recommendation and referral
to the full Commission. The amendments deal with appropriate times for members to recuse
themselves, notice of publication requirements for the newspaper, and the issue of whether or not
the same type of notice should apply when property is being rezoned to the P -1 Parks and
Recreation District.
The Dialogue Dinner was announced for April 30, 2002 at 6:00 PM. Marilyn Anderson asked
that the Executive Committee meet at the conclusion of the Dialogue Dinner to discuss the
proposed amendments to the Rules of Procedure.
H. Public Hear*ngs
Note: Items lh and 2h were heard together.
lh. Docket No. 32 -02 OA, 31 -02 CPA;
Old Meridian District Amendment (ZO Chapter 20G) Mixed Medical Zone,
Old Meridian Comprehensive Plan Amendment Mixed Medical Zone
Petitioner seeks a favorable recommendation for the establishment of the Old
Meridian District Mixed Medical Zone Comprehensive Plan Policies. The
area affected is generally located on the east and west sides of Old Meridian
Avenue between Guilford Road and Main Street.
Filed by the Department of Community Services.
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2h. Docket No. 33 -02 Z; Rezone from Old Meridian District (OM) -Mixed Use
(MU), Office (0), and Single Family (SF) to
Old Meridian District (OM) Mixed Medical (MM)
Petitioner seeks a favorable recommendation on a rezone from Old Meridian
District (OM) -Mixed Use (MU), Office (0), and Single Family (SF) to
Old Meridian District (OM) Mixed Medical (MM). The subject real estate is
generally located on the east and west sides of Old Meridian Avenue between
Guilford Road and Main Street.
Filed by St. Vincent Hospital and Health Care Center, Inc.
Kelli Hahn Lawrence appeared before the Commission representing the Department of
Community Services. Bob Hicks of Hall, Render, Killian, was present representing St. Vincent
Hospital and Health Care Center, Inc.
Representatives of St. Vincent met with the Department in January to discuss a proposed
building along Old Meridian Street. In reviewing the plan and looking at the projected needs of
the medical community and developing uses along Old Meridian and within the Old Meridian
District, it became apparent that it would be difficult for the proposed building and future
medical buildings within Old Meridian District to fit within the regulations currently in place.
An extreme number of variances would need to be sought, and the end result would likely be a
building that did not fit within the plan. This led to a broad discussion of the long -term plan for
expansion of St. Vincent and other medical uses within the Old Meridian District.
The potential future expansion areas are within three sub -areas within the Old Meridian zone:
the mixed use area, the office area, and the single- family area. The standards found in those
areas were not compatible with the needs of the medical office users and would likely be varied
substantially if St. Vincent were to proceed with the long -term plan discussed.
There was a strong willingness on the part of St. Vincent to meet with the Department and come
up with a solution that would meet the goals of the Old Meridian District. The plan would
maintain a lot of the design characteristics and make it possible for competitive medical facilities
to be developed in the Old Meridian District. The Mixed Medical Zone idea was developed,
realizing that the best option would be to amend the Old Meridian District plan to create one
zone that would encompass a potential medical use area that would be more realistic and easier
to implement. Also, by working to develop an overall plan, the Department could make sure that
a lot of the infrastructure essential to the Old Meridian District plan could be incorporated in this
area. A lot of the design standards would be maintained that are essential within any new
development or changed parts of the plan.
Bob Hicks, attorney with Hall, Render, Killian, Heath, and Lyman addressed the Commission on
behalf of St. Vincent Hospital. The Mixed Medical Zone classification arose primarily in
response to the needs of a particular building that is a conceptual, ambulatory, surgical center at
this time. The size of the building is substantially larger than the one directly northeast that is
approximately 15,000 square feet. The Old Meridian District building footprint maximum is
15,000 square feet and the proposed ambulatory surgical center has a footprint of approximately
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34,000 square feet.
Some of the ground is on the west side of Old Meridian, directly south of the hospital campus,
and commonly known as the Sundown Gardens Landscaping concern. On the east side of Old
Meridian is a triangular- shaped piece of property constituting the balance of the property. The
total acreage is about 46 acresa little more than half of that is presently owned by St. Vincent
Hospital. The Sundown Gardens parcel is not owned by St. Vincent, but they do have right of
first refusal. Sundown Gardens is owned by the Knapp family through several different trusts
and family partnerships. The portion of the property not owned by St. Vincent is located on the
east side of Old Meridian, (in the southeast corner of the triangle) commonly referred to as the
American Legion Post 9155 property.
The property today is part of the Old Meridian District and zoned a combination of Mixed Use
(MU), Single Family (all of the Legion property and some of the existing medical building to the
north), Office, and a small amount of Special Use located to the west of the Church.
The proposal is for all of the ground to be re -zoned to a new "Mixed Medical" classification.
The purpose of the Mixed Medical zone is to recognize the need in the market place for land
uses that are supportive of existing hospital infrastructure and existing hospital uses. The new
zone is also in recognition of the probability that much of the land that constitutes the 46 acres
will likely be developed in some fashion that is supportive of the larger hospital complex, either
medical office or rehab or assisted living, etc.
The Mixed Medical also allows for the expansion of existing, single- family attached use
presently only on the American Legion portion of the zone. Under the proposal, the single
family attached uses are expanded throughout the entire 46 acres —Mixed Medical and
Residential. Secondary, permitted uses in the Mixed Medical Zone are those that are largely
retail in character, i.e. coffee shop, delicatessens, barber shop, gift shop, financial institution, etc.
These are deemed to be conveniences for patient members, family members, and employees of
the various businesses located in the zone.
Many health care uses require larger buildings in which to conduct the operation. Presently,
there is a need for flexibility in the plan. The proposed text of the Ordinance provides the
Department Director with flexibility in working with the petitioner to establish an appropriately
sized footprint. Other development standards contrary to the health care use were a requirement
that all streets must allow for on- street parking —this requirement can pose safety concerns
people in need of health care need to be provided parking in close proximity to the building.
Off street parking could also pose a problem with emergency vehicles. Also, the setback
requirements currently are in the 20 -25 feet range. Due to the size of the buildings, there needs
to be some flexibility in making the maximum setback for the front yard a little larger and 35
feet is proposed.
Under the existing use, no parking is allowed in the "front yard" of the development. The
current proposal allows for a minimal amount of parking in the front yard. The proposal
provides for architectural transition between the Old Meridian District and the new Mixed
Medical zone.
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Members of the public were invited to speak.
Organized Remonstrance: Dave Coots, attorney with Coots, Henke Wheeler, appeared
before the Commission representing the Knapp family trust, owner of the Sundown Gardens.
The Knapp family is not necessarily opposed to the changes in the Old Meridian corridor. In
1999, concern was communicated to the Department regarding the existing use of the property
(Sundown Gardens) and that nothing occur in the Comprehensive Plan Amendment process that
would preclude the present use or expanded use of Sundown Gardens real estate. There is a first
right of refusal that the Knapp family has extended to the hospital. The amendments the
Ordinance seeks make the hospital the only potential purchaser. The permitted uses in the new
Ordinance does expand on the previous uses, but the permitted uses also include all of the uses
allowed in Section 5.3, the Village Zone, that would be taken away by this amendment. Mr.
Coots asked that the Committee look specifically at the use requirements that this ordinance
proposes as opposed to those the property presently enjoys.
Christopher Clark, attorney with Guten, Kraig, Abernathy Miller, appeared before the
Commission on behalf of the American Legion Post 9155. The American Legion is concerned
that the only logical purchaser of the property, should this rezone go through, would be the
hospital. The American Legion is also concerned about what they may have to go through,
should they want to stay on the existing property and perhaps expand or remodel. Regarding the
setbacks, it would seem that variances from the existing zoning classifications in place now
would resolve those problems rather than putting restrictions on the adjacent land owners.
Individual Remonstrance: Charlie Holmes, Commander of the American Legion Post 9155,
commented it is poor planning on the part of the hospital to build the hospital and then plan the
expansion of their facility without adequate ground to expand. The proposal severely limits the
residents as far as what they can do with their property.
Blaine Johnson, American Legion Post 155 said they feel like they are getting caught up in the
competition between Methodist, Community and St. Vincent. Mr. Johnson would not like to
think that the Veterans of the Country would be subjected to a competitive war also.
Rebuttal:
Bob Hicks said that some of the uses in the "Village Zone" are retail and considered to be
directly supportive of the Mixed Medical use. There is no problem with expanded uses. As to
the existing nursery use being permitted, it is currently, probably, a legal, non conforming use
and to the extent that a nursery is not a permitted use today, and there is no issue with this use.
In regard to the Legion property —the types of uses permitted today are limited to Single Family
under the existing, Old Meridian Ordinance. Single Family will still be in place and expanded
throughout the entire 46 acres. Flexibility will be injected into those Development Standards
not imposing restrictions. St. Vincent does own 50% of what is proposed for rezone. From a
planning standpoint, we are looking at what we think a good use and a likely use of the property
would be on a long term basis, given the demands of the market place.
The public hearing was then closed.
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Department Report, Jon Dobosiewicz suggested a meeting between the Department and the
members of the public in order for them to gain an understanding of the rights they enjoy under
the existing Ordinance. In this manner, they can make a complete determination as to whether or
not the proposed rezone affects them in what they believe to be a negative or positive manner. It
is not readily apparent based on the information provided to the Commission by the public that
those persons have a complete understanding of the ramifications of the proposed rezone.
Ron Houck commented Carmel St. Vincent has been a tremendous asset to the community.
There is a philosophical concern, however, about creating a zone for a single entity. Ron Houck
asked the Committee to examine current constraints in the Overlay Zone that limits function of
the hospital and re -word the language rather than create a new zone. Also, there is a concern
regarding impact on property values.
Wayne Wilson asked the Committee to examine what special treatments are available for those
businesses located within the Medical zone as far as research programs, tax abatement, etc.
Pat Rice asked the Committee to address signage —the corridor is getting to be "cluttered."
Docket Nos. 32 -02 OA, 31 -02 CPA, and 33 -02 Z, Mixed Medical Zone, were referred to the
Special Study Committee on May 14 at 7:00 PM in the Caucus Rooms of City Hall.
3h. Docket No. 38 -02 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.
Jon Dobosiewicz appeared before the Commission representing the Department of Community
Services. The first item in Section A of the Ordinance addresses scrivener errors. Item B
eliminates office and hotel uses that were added a few years ago. The Department would like to
invest in the Commission the right to allow those uses.
Items C, D, and F are basically language that will clarify the addition of the area east of U.S.
Highway 31 and north of I -465 in applying the setback and height standards that are similar if
not identical to the 31 Overlay requirements. Section F clarifies language regarding subdivisions
that are built under the Open Space requirements. There has been some confusion between the
Department, the Department of Code Enforcement in applying the requirements, and its
interpretation by the building community.
Members of the public were invited to speak; no one appeared and the Public Hearing was
Closed.
Docket No. 38 -02 OA, Amendments to the Carmel /Clay Zoning Ordinance, was referred to
the Subdivision Committee at 7:00 PM on May le in the Caucus Rooms of City Hall.
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li. 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 116 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 was recused from all discussion and voting on this Docket.
Paul Paul Rioux, president of Platinum Properties; Alan Goldsticker of Ryland Homes; and Dave
Sexton of Schneider Engineering appeared before the Commission. This Docket was referred to
Committee again on April 9 th to address notice questions; those questions were resolved and the
matter was returned to the Commission for this evening
A number of revisions have been made in the plans. Initially, 20 buildings with 104 homes on
25 acres were proposed. One of the significant changes is the elimination of 4 buildings on the
south end of the property, the number of homes has been reduced from 104 to 87, and over 53%
of the site is now designated Common Area. The density allowed under the Open Space
Ordinance is 105 units.
At the request of the Subdivision Committee and the neighbors, the Townhomes are not
connected to the adjoining properties except an emergency access to a cul -de -sac at the end of
Lake Forest Drive. Approximately one and one -half acres have been added to the park area to
the south end of the property. At this time, there are no buildings south of the property that is
mounded and fenced with over 22 feet of buffer.
Regarding the parking, 74 total spaces have been incorporated into the plan; each home will also
have a two -car garage and a two -car driveway.
A considerable amount of brick has been added to the buildings, and shutters have been added to
all sides of the buildings. Lighting commitments have also been made regarding floodlights and
exterior lighting. Approximately 400 feet of 10 feet wood fencing have been added to continue
the fence line on the south property, and over six acres of common area will be cleaned up, re-
seeded and graded-5 to the north and 1 and 1 /2 to the south.
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Regarding the landscaping, Scott Brewer, Urban Forester, has approved increasing the size of
some of the material and reducing the number. There will also be landscaping on the west side
of the fence line with permission from the Lake Forest Homeowners.
All comments from the Technical Advisory Committee have been addressed.
Ron Houck gave the report for the Subdivision Committee. This item has been carefully
scrutinized by the Committee and changes have been made in the plan, i.e. the density of the
project, the aesthetics, the impact on both Lake Forest Subdivision as well as Brookfield and
Brighton Woods in terms of property values. There was active discussion among the
Committee, petitioner, and the neighbors.
A major concern from the beginning has been that the project not appear as apartment rentals but
maintain the character of single family residential. This has been accommodated through the
exterior treatment of the buildings—window treatments, (shutters and design) different materials
between the units, (brick on the exposed ends) in order to make this a quality building and fit
within the residential character of the area.
It is probably not a perfect plan. It is an unusual piece of property. The quality of development
has been a major concern as well as concerns of the adjoining property owners. There is no real
consensus. The alternative explored at Committee was potentially 40 foot lots, homes with 5
foot side yards, and a row of garage doors facing Hazel Dell. Taking into consideration the
impact on the existing residential area, both aesthetics and property values, the proposed plan
represented the best project for this piece of ground.
Department Comments: Jon Dobosiewicz said the revised drawings are reflective of the issues
deliberated by the Special Study Committee. The Department's recommendation is for approval
of the Subdivision Waivers and also approval of the Primary Plat. It is suggested that the
Commission act on the Subdivision Waivers as a package —not required, but preferable.
Nick Kestner asked for confirmation on the number of parking spaces, (74 total) the length of the
drive (the drives are 25 feet and can accommodate cars) and the width of the north /south streets
(24 feet back -to- back). The east/west stub street is approximately 100 feet and does not allow
for emergency vehicles to turn around —they would have to back out.
Wayne Wilson commented that this project has generated a lot of correspondence. Ron Houck
said the neighbors closest to the project were not vocal. Comments were received both for and
against. In trying to identify what the neighbors would support, there was no clear consensus; no
development was not an option. Given the scenarios of what the zoning would allow, this
proposal is a better project than any alternative. We did the best we could with this piece of
property.
Marilyn Anderson commented that single family homes, 10 feet apart, were not acceptable to the
area residents. There was not a clear message from the public as to what was acceptable.
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Leo Dierckman moved for the approval of all waivers as a package, Townhomes at Hazel Dell,
(159 -01a SW; 159 -01b SW; 159 -01c SW; 159 -Old SW; 159 -Ole SW. The motion was
seconded by Ron Houck and APPROVED 9 in favor, 2 opposed (Wayne Wilson and Nick
Kestner).
Leo Dierckman moved for the approval of Docket No. 159 -01 PP, The Townhomes at Hazel
Dell primary plat, subject to the recording of land use commitments attendant to the real estate.
The motion was seconded by Pat Rice and APPROVED 9 in favor, 2 opposed (Wayne Wilson
and Nick Kestner).
2i. 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 Florence Brown and Bryan Crum of Forum
Credit Union; Tom Martin, Martin Construction; Corey Meyer, Weihe Engineering; Buddy
Hennessee, The Linder Company; and Steve Robinson of Browning, Day, Architects.
This Docket was before the full Commission in February and subsequently reviewed by the
Special Study Committee in March and April. The Forum Credit Union is located at the
southwest corner of the intersection of 116 Street and Keystone Avenue, near the intersection
of AAA Way and 116 Street, across the street from the Blockbuster Video Store.
Forum Credit Union received unanimous recommendation for approval from the Special Study
Committee regarding its ADLS application.
Scott Brewer, Urban Forester, has reviewed and approved the landscape plan. There are no
outstanding issues pertaining to either landscaping or the lighting plan. There is significant
landscaping along the perimeter of the site and along the interior. Additional shrubs have been
added along the drive -thru area.
The lighting plan utilizes two pole lights on the sight. When this development was previously
approved, there was a consistent lighting plan that was approved for the project. The lighting for
the Forum Credit Union is consistent with the type of lighting and fixtures used throughout the
site. There will also be ground lighting.
The building elevations and signage received a considerable amount of discussion at Committee.
The content design has been drastically changed in accordance with comments from the
Committee. Cast stone was added around the base of the building, similar to that seen on
buildings to the north in Merchants Square. In addition, the band of glazed, blue brick was
eliminated, a low slope arch was maintained in keeping with the Border's Bookstore, detail has
been added around the arch areas, blue awnings of similar fabric and color to Border's and
Blockbuster have been added to the windows, and the cornice along the top of the building has
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been articulated. The materials are the same as those existing in the Border's Bookstore, and the
windows will have the same champagne -color metal.
The petitioner will not be requesting a ground sign. There will be two wall signs on the north
elevation of the building and on the west elevation of the building. The sign will consist of the
Forum logo and the word "Forum" individually mounted, internally illuminated channel letters.
The "Credit Union" letters will be individually mounted, but not internally illuminated. At
night, they will be visible from natural light existing on the site. The blue color on the Forum
portion of the sign will be maintained.
Leo Dierckman reported for the Special Study Committee. Compliments to the petitioner for all
of their efforts and being responsive to the Committee's suggestions and recommendations. The
Committee voted unanimously to recommend approval.
Leo Dierckman moved for approval of Docket No. 163 -01 ADLS, Lot 1 of Merchants Pointe,
Forum Credit Union. The motion was seconded by Ron Houck and APPROVED 12 in favor,
none opposed.
3i. 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 -1 /Residential.
Filed by Dennis Olmstead of Stoeppelwerth Associates, Inc. for Platinum
Properties LLC.
Jim Shinaver, attorney with Nelson Frankenberger, appeared before the Commission
representing the applicant. Also in attendance were Paul Rioux, president of Platinum
Properties, and Doug Westland of Stoeppelwerth Assoc.
The applicant is requesting primary plat approval for a 101 lot residential subdivision on 80
acres bordered on the north by 141 Street, and on the west by West Road. Under ROSO, the
open space required is 15% or 12 acres. The open space provided by the plat is 40% or 32 acres.
It is anticipated that the homes, including lots, will range approximately $400,000.
The petitioner has sent proposed commitments to the Hamilton County Highway Department
regarding roadway improvements. These commitments have been reviewed and approved by
Steve Broermann and a letter of approval was sent to the Department. Mr. Rioiux will be
signing the commitments and they will be recorded later this week. A copy of the landscape
plan and site contents has been sent to Scott Brewer for his review and approval.
Ron Houck gave the Committee report. The Committee endorsed the setbacks, and the amount
and arrangement of open space. The Committee unanimously approved this proposal.
Department Comments, Jon Dobosiewicz said Scott Brewer has granted approval of the
landscape plan and a letter has also been received from the County Highway Department
concurring with the proposed road improvements and commitments offered by the applicant.
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The Department recommends approval of the plan conditioned upon the inclusion of Scott
Brewer's letter regarding the landscaping.
Ron Houck moved for approval of Docket No. 19 -02 PP, Western Hills Subdivision (Primary
Plat), conditioned upon the inclusion of Scott Brewer's letter regarding the landscaping. The
motion was seconded by Dave Cremeans and APPROVED 12 -0.
J. New Business
None
There being no further business to come before the Commission, the meeting was adjourned at
8:40 P.M.
Marilyn Anderson, President
Ramona Hancock, Secretary
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