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HomeMy WebLinkAboutMinutes PC 05-21-02IUU P` F C =y oi�� C ity of CARMEUCLAY PLAN COMMISSION May 21, 2002 The regularly scheduled meeting of the Carmel /Clay Plan Commission was called to order with the Pledge of Allegiance at 7:00 PM in the Council Chambers of City Hall, Carmel, Indiana, on May 21, 2002. Members present were: Marilyn Anderson; Jerry Chomanczuk; Dave Cremeans; Leo Dierckman; Ron Houck; Nick Kestner; Dianna Knoll; Norma Meighen; Maureen Pearson; Pat Rice (late arrival;) Paul Spranger; and Wayne Wilson, thereby establishing a quorum. The minutes of the April meeting were approved as submitted. Department of Community Services staff in attendance were Mike Hollibaugh, Director, and Jon Dobosiewicz. John Molitor, Counsel, was also present. Legal Counsel Report: John Molitor reported on pending litigation Bonbar and Leeper Electric. The proposed changes in the Rules of Procedure are recommended for discussion at the end of this evening's Agenda. In addition, there are two proposals where the Plan Commission is required under State Law to determine that an economic development plan, already approved and adopted by the Redevelopment Commission, conforms to the City's Comprehensive Plan; these items are also recommended to be added onto this evening's Agenda. Jon Dobosiewicz announced those items that were tentative subject to the Committee Meetings on May 14 and 20, are now correct and can remain on the Agenda. H. Public Hearings: 1h. Docket No. 42 -02 PP; Sedgwick Subdivision (Primary Plat) The applicant seeks approval to plat a 27 -lot residential subdivision on 33.161 acres. The site is located on the north side of West 131 Street,' /2 mile west of Towne Road. The site is zoned S -I /Residence Very Low Density. The petitioner also seeks approval of the following Subdivision Waiver: 159 -01a SW SCO 6.3.15 Minimum Curve Radius along centerline of 150' Filed by David Warshauer for GWZ Development -1, LLC. David Warshauer, attorney, 11 South Meridian Street, Indianapolis appeared before the S:\PlanCommission\Minutes\PlanComn-iissionMinutes\2002may Commission representing GWZ Development -1, LLC. Mark Zuckerman of GWZ Development was also in attendance. The petitioner is requesting primary plat approval for a 27 lot subdivision on 33 acres to be known as Sedgwick Subdivision. The property is located on the north side of 131 Street between Towne Road and Shelborne Road. Immediately to the west is Shelborne Park, approved last year; to the south, north and east are Hayden Run, The Ridge at Hayden Run and The Lakes at Hayden Run, all approved last year for Centex Homes. Access to Sedgwick will come from a collector road originating in Shelborne Park and Lakes at Hayden Run. One of the lots in Sedgwick contains an existing residence, so there will only be 26 new building lots on the property. The proposed lot sizes range from .44 acres to 1.61 acres, and are generally 120 feet wide at the building line. Proposed Restrictive Covenants have been submitted that will establish a 2500 square foot minimum for a ranch -style home, and 2800 square feet with 1600 square feet on the ground floor for two -story homes. It is expected that the existing house of approximately 5,800 square feet above grade and perhaps 8,000 square over all and the size of the lot in Sedgwick will help establish a range of homes from approximately $450,000 to $700,000. Overall, the subdivision will contain 8.6 acres of open space. Almost 6 acres are located in a wooded area at the north end of the development that will be retained. Present plans call for the area to remain undisturbed and completely natural open space and can be accessed at the end of Sedgwick Lane. A second common area consists of one -half acre located in front of the existing residence. The remaining common area consists of two ponds, one of which is proposed to be joined with the pond at the south end of Shelborne Park that will create an attractive entrance from 131 Street known as the collector road known as Lincolnshire Blvd. The subdivision variance requested is for the curve radius of the cul -de -loop shown on the plat as Sedgwick Circle, south of the existing residence. The tighter curve design is necessitated by the desire to front the residence and the 5 lots on Sedgwick Circle on green space; and to design a road in such a way that traffic will move slowly around the green. The 100 -foot curve radius is the same as the curve radius of a cul -de -sac. Utilities for the sight will be coming from the Lakes at Hayden Run. There is an interceptor sewer currently being constructed along Long Branch Creek on the east side of Hayden Run. Water, electricity and gas will be provided along Lincolnshire Blvd. The petitioner has appeared before the Technical Advisory Committee for review. One outstanding item is a landscape plan to be approved by Scott Brewer. Along the east and west boundaries of Sedgwick, from a point where the collector road will come through, the present owner has planted approximately 200 evergreen trees; these trees are proposed to be included in the buffer requirement. Additional plantings are provided for in the covenants and in the Ordinance. Members of the public were invited to speak in favor of or opposition to the proposal. No one S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 2 appeared and the public hearing was closed. Jon Dobosiewicz reported for the Department. There are some minor changes, specifically in regard to the landscape plan. These changes have been addressed and the Department is recommending that the Commission consider suspending its Rules of Procedure and voting on this item this evening. The landscape plan has specifically been addressed. Ron Houck asked about the path that will inter connect the subdivisions. Mr. Warshauer pinpointed the 10 -foot wide asphalt path along the north right -of -way of Lincolnshire Blvd. that connects with the path system in Shelborne Park and the paths in Lakes at Hayden Run. A sidewalk is provided on the south side of Lincolnshire Blvd. Ron Houck asked for clarification about the path and path lights depicted in the general plan and whose responsibility it would be for installation and maintenance. Mr. Warshauer said definitely the path and path lights will be installed and maintained. In response to Marilyn Anderson's questions, Mr. Warshauer said there will be dusk -to -dawn yard lights rather than actual street lights, and will be down lighting and shielded. Dave Cremeans moved to suspend the Rules of Procedure, seconded by Leo Dierckman and approved 11 -0. Dave Cremeans moved to approve Docket 42 -02 PP, Sedgwick Subdivision (Primary Plat) and Docket No. 159 -01a Subdivision Waiver. The motion was seconded by Ron Houck and both Dockets were APPROVED 11 -0 2h. Docket No. 44 -02 PP; Aberdeen Bend Subdivision (Primary Plat) The applicant seeks approval to plat a 50 -lot residential subdivision on 36.88± acres. The site is located on the north side of West 131 Street, /z mile west of Towne Road. The site is zoned S- 1/Residence Very Low Density Filed by Jonathan Moen of Mid States Engineering for The Jones Company. Chris White, Development Consultant, 510 Fox Lane, Carmel; appeared before the Commission representing the petitioner. Bill Blake, President of The Jones Company, Jonathan Moen of Mid States Engineering, and Alan Klineman, landowner of the subject site, were also in attendance. The petitioner is requesting approval for a 50 lot residential subdivision. The property is west of Hayden Run, presently under construction. To the northeast of the site is a parcel being developed for the Drees Company; northwest is a vacant parcel currently being looked at by the City of Carmel for a fire station and water facility; to the west are existing, single- family lots that front on 116 Street and Shelborne Road; and to the south is a vacant parcel recently marked for development. The open space is oriented along the west side of the property with mounding and buffering along 131 Street, and a large lake in the center of the project. Around the lake will be a walking S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 3 path completely encircling the lake and extending to the path along 131 Street, across 131 along the west side of the project. There will be a gazebo connected with the trail and the trail will connect with the Centex community trail. There will be one boulevard entrance on 131 Street, one street connection into the Hayden Run community, one stub street to the south. The plan has been revised to add mounding and landscaping in the cul -de -sac area to protect from stray headlights. The typical lot size in this community will be 90X135; 39.2% of the site is open space or 14.6 acres. The site frontage will be heavily landscaped and mounded with brick posts with wrought iron all the way across the front of the community. Upon entering the project, there will be a fountain within the proposed pond. The homes will be built by The Jones Company and will range from $250, to $400,000. This same home is currently being built in Merrimac Subdivision in Westfield at the northwest corner of 146 Street and Spring Mill Road. The Jones Company is a builder that has recently entered the Indianapolis area market from St. Louis. The Jones Company is one of the two largest builders in the St. Louis area. All of the Department's comments as well as the Technical Advisory Committee's comments have been addressed. 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: Ann Goldsmith, 3525 West 131 Street, was concerned with adequate landscape buffering between her home and the subdivision. Ms. Goldsmith anticipates constructing a pond on her property and drainage is also a concern. Karen Young, 12815 Shelborne Road, was also concerned about drainage —from the proposed trail to the properties that back up to it elevation is a concern. Will there be a privacy fence? Ms. Young's property backs up to the proposed Gazebo location and she has livestock pedestrian traffic would likely pose a problem and liability issues. Kim Martin, West 131 Street, expressed concern with the lighting and possible spillage. Rebuttal, Chris White: Landscaping is proposed along and adjacent to the Young's property and a detailed landscaping plan has now been furnished to Ms. Young. There is approximately 75 feet of common area between the subdivision lots and the Young property with the path away from the property edge with landscaping along the path. Drainage for this site is predominately west to the east. Aberdeen will drain its entire site into the pond and connect to the drainage system for Hayden Run community to the east. Aberdeen is required to accept the drainage from the west. At the Technical Advisory Committee meeting, the County Surveyor asked that the storm pipes be extended all the way west to the property edge so that at a later date, those could be extended farther to Shelborne Road if need be. There will be perimeter drainage along the property line to S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 4 pick up the drainage, route it into the underground storm pipes, and carry it to Aberdeen's detention pond. No lighting is proposed on the path itself, however, there will be dusk -to -dawn lighting on each home. The Gazebo and residences are located well in excess of 100 feet away from the property line; no fencing is proposed along the property line to buffer. The common area is along the west property line and serves as buffering from existing residences that front on Shelborne Road. Dave Cremeans moved to suspend the Rules of Procedure, seconded by Leo Dierckman. The vote was 9 in favor, 2 opposed (Ron Houck, Leo Dierckman). MOTION DENIED (ten votes required) Docket No. 44 -02 PP, Aberdeen Bend Subdivision (Primary Plat) was referred to the Subdivision Committee for further review on June 4 at 7:00 PM in the Caucus Rooms of City Hall. 3h. Docket No. 45 -02 DP Amend, ADLS Amend, 103rd Street Medical Building Expansion The applicant seeks Development Plan and ADLS amendment approval to construct a building addition and site improvements. The site is located at 200 West 103 Street. The site is zoned B -3 /Business. Filed by Rich Kelly of EMH &T for Kite Construction Company. Paul Reis, attorney, 5013 Buckeye Court, Carmel appeared before the Commission representing the applicant. Also in attendance were: Rich Kelly of EMH &T Engineers; Tom McGowan, John Shelling, and Kirk Faulkner of the Kite Company and Springmill Medical LLC; Les Olds of CSO Architects and Engineers; Jim Brooke of University Medical Diagnostic Associates; and Dr. Mike Likens from the IU School of Medicine. The property is located adjacent to the round -about on Illinois Street at the intersection of 103 Street. The petitioner is seeking an amendment to the existing ADLS approval and Development Plan in order to expand the existing office building and parking. The site is a part of the overall office park development that includes the Thomsen Consumer Electronics Headquarters and research facility, the multi -story office building adjacent to I -465, the Courtyard Motel, and the future Heart Hospital. The Reserve at Springmill Subdivision is located west and northwest of the site. This particular office building was originally approved as a single -user corporate headquarters. The petitioner is modifying and expanding the building and parking area to accommodate the medical office space. The expansion of the building is consistent with the original plans developed by CSO for a future, second wing or addition to this building to the south. The existing building is 65,000 square feet and the addition will be 41,000 square feet. The light fixtures will be consistent with those currently in use in the parking area. The tenants will be providing outpatient, specialty care and medical services as well as medical office. There S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 5 are no emergency services contemplated by the tenants in the building and the hours of operation are generally from 6:00 AM to 6:00 PM. The petitioner has met with the president of Reserve I and Reserve II HOA concerning noise from the HVAC equipment originally installed in the building. Additionally, the petitioner has discussed landscaping and lighting. The petitioner is prepared to further enclose the HVAC equipment originally installed in this building. The will be a roof mounted to minimize the sound to the adjacent neighborhood. The lighting plan was revised in order to move several of the fixtures farther away from the neighborhood and a revised photo metric plan was filed with the Department indicating that the light at the boundaries are generally point 05 foot candle. The landscaping plan has been revised as per the Urban Forester; however, the petitioner is prepared to look at the planting of Blue Spruce or other appropriate trees to provide a visual screen along the west boundary. The petitioner is proposing further discussion with the Urban Forester to further amend the approved landscape plan. The Blue Spruce is not one of the species recommended by the Urban Forester. The petitioner has agreed to correct any drainage problems arising solely from the construction expansion of the office building and parking lot. Specifically, the petitioner will correct and modify any existing drain that drains the property towards the two subdivisions, all subject to the approval of the City Engineer. Secondly, the additional light poles will be installed per the revised photo metric plan in order to minimize the light projecting within the neighborhood. Thirdly, the petitioner will plan a line of Blue Spruce or other acceptable species along the western boundary of the building site to create a visual screen within five years; subject, however to the approval of the Urban Forester. Four —the petitioner will commit to install a roof over the existing mechanical equipment on the west side of the building in order to muffle the sound. The petitioner will also install the new, required mechanical equipment on the roof in order to minimize the sound that passes to the neighborhood. Furthermore, there will be a commitment that the petitioner will address and correct the existing problems and that the additional equipment will not create further noise issues for the neighborhood. The petitioner has addressed all issues submitted by the Technical Advisory Committee members including additional sidewalk, landscaping along the parking lot, and additional right of -way along Illinois Street in order to provide a 60 foot one -half right -of -way and an additional ten feet on the round about. The drawings for the mechanical equipment have not yet been amended and the petitioner is proposing that when the final design is achieved, it will be submitted to DOCS for approval. Remonstrance: Members of the public were invited to speak in favor of the petition; the following appeared: Bill Coffey, Reserve I, said agreements and commitments had been made with the petitioner and the homeowners, and they are supportive of the proposed use of the property. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 6 Jean Froneck, President of the Home Owners Association, Reserve II at Springmill, is happy with the proposal and the homeowners are willing to support it. However, there is a question relating to a small portion along the northern boundary of the building site that is not stone wall but a wooden fence. Ms. Froneck would like additional trees in this area as a buffer. Members of the public were invited to speak in opposition to the petition; the following appeared: Dave Froneck, 373 Millridge Drive, Reserve II, said he was not necessarily opposed but did have the following comment. The Agreement reached with Reserve I and II is OK except for a complete resolution of the noise emitted by the air handling equipment on the building. If a roof over the present flawed system does not resolve the noise, some permanent resolution must be found. George Bochstahler, 389 Colmary Drive, Reserve Subdivision, questioned if the Blue Spruce planted within the 30 foot buffer was to be for aesthetics as well as a sound buffer? The air conditioning does emit a lot of noise and Blue Spruce would help buffer the noise. Rebuttal: Paul Reis said he would look into Ms. Froneck's comments relative to the northern boundary and consult with the Urban Forester to decide the buffer. If the roof is not sufficient to buffer the noise from the air conditioner, the intent is to resolve this issue once and for all. In regard to Mr. Bochstahler's comments, the Blue Spruce, is an obvious visual screen and to a certain extent, noise abatement. Air units are specifically being put on the roof to address the sound issue. The public hearing was then closed. Department Comments, Jon Dobosiewicz. The applicant has made several commitments and changes to address the concerns. In addition, the HOA is comfortable with the language being proposed by the petitioner. If the Plan Commission is comfortable with the requirements and proposal, the Department is recommending approval subject to the recording of those commitments and providing a recorded copy of the instrument to the Department. Ron Houck questioned the noise from the HVAC and thought it might be good to attach some performance metrics to the HVAC commitment. Also, in terms of lighting after hours, this should probably be addressed with the residents as well. Paul Spranger added that in terms of making a roof structure over the HVAC, there should be attention to attenuation materials used as far as noise absorbing materials that could line the cabinet that encloses the HVAC. The new HVAC should have similar treatment. Docket No. 45 -02 DP Amend, ADLS Amend, 103 Street Medical Building Expansion, was referred to the Special Study Committee for review on June 4 at 7:00 PM in the Caucus Rooms of City Hall S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 7 Note: Items 4h and 5h were heard together 4h. Docket No. 46 -02 DP /ADLS; Carmax Auto Superstore The applicant seeks Development Plan and ADLS approval to construct an auto superstore. The site is located at the northwest corner of Gray Road and 96th Street. The site is zoned B -3 /Business. Filed by E. Davis Coots of Coots Henke Wheeler for Carmax Auto Superstores. 5h. Docket No. 47 -02 PP; Carmax Auto Superstore Primary Plat The applicant seeks approval to plat a 2 -lot subdivision. The site is located at the northwest corner of East 96 Street and Gray Road. The site is zoned B- 3 /Business. Filed by E. Davis Coots of Coots Henke Wheeler for Carmax Auto Superstores. Dave Coots, attorney with Coots Henke Wheeler appeared before the Commission representing the petitioner. Also in attendance were: Tony Kirp, Carmax Real Estate Manager, Virginia; Ned Sparkman, Industrial Developments, Atlanta, GA; Doug Corey, Mid States Engineering; and Earl Smith, architect with Piper, O'Brien and Hare, Atlanta, GA. Tony Kirp of Carmax Real Estate Department, 4900 Cox Road, Glen Ellen, Virginia, addressed the Commission and gave a brief overview of Carmax. Carmax is a wholly -owned subsidiary of Circuit City. Carmax has applied the retail concept to selling cars. Carmax carries a large volume of low mileage, late model, used cars; therefore there is a high selection. The Carmax store has computer terminals, touch screen activated on the make, model, color, and accessories. When the type of car is selected, the computer tells you where it is located on the lot. A sales representative is not necessary at this point. The price is listed on the window of the car and there is no negotiating on either side. There are on -site appraisers that will appraise trade -ins and a written appraisal is tendered, good for seven days. The appraisal can be applied as a trade in or Carmax will write a check for the amount of the appraisal. The third area is in the financing side of the business. The application can be submitted to two national lenders as well as Carmax's own credit company and the results are given to the prospective buyer for a choice- no pressure, no hassle. Last year, Carmax had sales of over 3.2 billion dollars. Carmax has 42 facilities and net profits of approximately 100 million dollars last year. Dave Coots referred to the application for primary plat, ADLS and Development Plan for the 20- acre tract located at the northwest corner of Gray Road and East 96 Street. The property is zoned B -3 and no longer requires Special Use Approval through the BZA. However, ADLS and Development Plan approval are required. The application was filed prior to the amendment of the Ordinance, however, the Department has requested and the petitioner has agreed to proceed through the ADLS and Development Plan process. The Department has further requested that the petitioner prepare and submit a primary plat. There are two lots to be platted in this subdivision; the large plat can be used by Carmax, and lot S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 8 number 2 in the southeast corner of the tract will be developed in the future by an outlot developer other than Carmax. The primary plat will require the dedication of road rights -of -way per the Thoroughfare Plan and obtain the commitment for installation of perimeter utility requirements, easements, and access points to the road improvements, etc. The property surrounding this development is as follows: East of the proposed development is the old American Aggregates/Martin Marietta property zoned residential; to the north is the Bottamiller property zoned S -1, used for construction /trucking use; to the west is a tract zoned B -3 currently being developed as the O'Brien Chrysler dealership; and to the south of 96 Street in Marion County is a C -3 zoned property for the construction of a center similar to the one on the east side of Gray Road, extended south of 96 Street. The architectural design of the proposed development is shown on the informational booklets as well as the color scheme. The entrance to the tract will be off 96 Street, right in /right out. The center median will be extended west from Gray Road to a point beyond the intersection of Brant Road, slightly to the west of Carmax's western boundary. The entrance off Gray Road will be approximately 600 feet north of the intersection of 96 Street and road improvements to that intersection will include a left turn lane, an accel /decel lane, and a passing blister in order to permit Gray Road to continue to function. The property to the north requires a 30 -foot buffer, the property to the west requires a 10 foot setback, the property to the south and east is commercial use and requires a 15 foot setback. The petitioner is required to file a Variance application for the Martin Marietta property to reduce the 30 -foot buffer to a 15 -foot buffer. The landscape plan has been submitted to Scott Brewer and agreements have been made regarding plant species and landscape plantings along the north, east, and south boundaries and parking islands. The sales building is the southern most building on the drawings and is approximately 17,000 square feet; immediately to the north is the service area, approximately 38,000 square feet. To the south of the sales area is the inventory/display enclosed area—enclosed by a decorative fence along the eastern boundary, and along the south and west boundaries are guardrails to keep the inventories contained. The Department has recommended that something other than guardrails be used on the south boundary. With landscaping on the 96 Street side of the guardrail, there will be visual screening from 96 Street. There are decorative fences along the main entryway off of 96 Street north to the sales building, and again, a guardrail on the interior. The materials to be used consist of split -face and smooth face, painted concrete masonry units. The front of the building, the south elevation, is a combination of EFIS, glass, painted columns, and standing seam metal roof with a yellow, decorative band that circles the glass- enclosed display area that is a part of the sales building. A traffic analysis prepared by Steve Fehribach has been submitted to the Department. The lighting for this site was submitted to the Department and the lighting standards have been lowered to a height of 20 feet. Flat lens, down directional lighting is being used and there will S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 9 be no convex spotlights of any sort in the display area. Regarding signage: one is proposed on the south elevation; two signs on the east elevation because of the sales office being one building and the service being the second building; two ground signs at each entry--one on 96 Street and one on Gray Road; and several internal directional signs The site plan includes a 10 -foot multi purpose path along 96 Street and along Gray Road. The petitioner will dedicate 40 feet to the Thoroughfare Plan. The petitioner is in the process of asking the City Council to adopt an Inter -local Agreement with the County. As it stands now, the east half of Gray Road is in the County and the west half is under Carmel jurisdiction. The County has agreed to transfer responsibility for maintenance, repair, and upkeep for all of Gray Road, assuming the Council is in agreement. Members of the public were invited to speak in favor or opposition to the petition; no one appeared and the public hearing was closed. Department Report, Jon Dobosiewicz. The Department report lists items the Special Study Committee should fully explore. The roadway improvements need to be finalized. The guardrail and landscaping proposed along 96 Street needs to be looked at. In regard to signage on the site, the petitioner has filed several variances with the BZA; however, the Committee is requested to review the sign proposals at great length. The petitioner needs to hear clearly from the Commission regarding the signage. Comments from Commission members: Leo Dierckman suggested the petitioner drive along 96 Street paying particular attention to the north side of the street and design of the existing buildings for a feeling of what is and is not acceptable. Wayne Wilson referred Dave Coots to a resolution from the County Council regarding turning over the 96 Street/Gray Road area to the City. Dave Coots said County Attorney Mike Howard had already forwarded the Agreement to him. Nick Kestner requested better views of the elevations, signs, material samples, colors, etc. Ron Houck asked the Committee to look at light illumination and spillage, and the vinyl- coated, chain -link fence. Also, there is a definite concern regarding the "royal blue" roof. Docket Nos. 46 -02 DP /ADLS, Carmax Auto Superstore, and 47 -02 PP, Carmax Auto Superstore Primary Plat were referred to the Special Study Committee for further review on June 4, 2002 in the Caucus Rooms of City Hall. 5h. Docket No. 49 -02 PP Amend; Replat of Little Farms Addition, Lot 26 The applicant seeks approval to replat a 2 -lot residential subdivision. The site is located at 1205 E. 105 Street. The site is zoned R -3 /Residence. The petitioner also seeks approval of the following Subdivision Waivers: S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 10 49 -02a SW SCO 8.8 curbs and gutters 49 -02b SW SCO 8.9.1 sidewalks 49 -02c SW SCO 6.3.6 minimum right -of -way Filed by Tim Stevens for Bruce and Dona Webster. Tim Stevens, 18350 Pennington Road, Noblesville, appeared before the Commission representing the petitioner, Bruce Webster, also in attendance, and Dona Webster. The petitioner is proposing a replat of a single lot (26) in Little Farms Addition in Home Place on the southeast corner of Combs Street and 105 Street. Mr. and Mrs. Webster currently reside at the site, 1205 East 105 Street. The petitioner is proposing to split the southern half of the site to create a second lot on the property. The property is zoned R -3 as is the surrounding parcels. The neighborhood was originally designed with well and septic, and the general area now has sanitary sewers and municipal water supply so that a lot of this size has become more characteristic of the area. The lots to be created would consist of 17,789 square feet on the north, currently the site of the Webster home and garage, and a southern lot, 12,848 square feet. The Technical Advisory Committee has reviewed this proposal and made recommendations regarding the right -of -way width and easements necessary in order to serve the second lot. The lot itself conforms to all geometric requirements of the Subdivision Control Ordinance. However, the three subdivision waivers are felt to be consistent with approvals that have been granted in similarly situated lots. The first is a waiver from the curbing requirement. To curb the two lots would probably create some difficulties with drainage patterns in the area. The waiver for sidewalks is a similar circumstance and there are no sidewalks in the entire neighborhood. In regard to the right -of -way width, when originally platted, there was a total of 30 feet on Combs Street, a 15 foot one -half. The County Highway Department would be more comfortable with a 20 foot one -half. The petitioner is requesting the one -half right -of -way width be reduced from the standard 25 foot one -half to a 20 foot one -half along the frontage —this would also be consistent with other lots. On the backside will be a utility easement that will provide additional utility access. Members of the public were invited to speak in favor or opposition to the petition; no one appeared and the public hearing was closed. Department Comments, Jon Dobosiewicz. If approved, any conditions are to be attached to the subdivision waiver. Standard forms are available in the Department office. It is highly unlikely there would be a situation that would retrofit the older subdivisions with curbs, sidewalks, and major drainage improvements -that would take a substantial public investment that is not warranted at this time. Wayne Wilson commented that this area has a potential for annexation and it is better to have flexibility. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 11 Ron Houck referred to previous standard language that was developed indicating at such time as curbs and gutters were brought to an area, and a sidewalk plan were implemented, the petitioner would install sidewalks and curbs and gutters. Dave Cremeans moved to suspend the Rules of Procedure in order to vote on the Subdivision and Waivers and the Primary Plat for Docket No. 49 -02 PP. The motion was seconded by Ron Houck and Approved 11 -0. Dave Cremeans moved to approve Docket No. 49 -02 PP Amend, Replat of Little Farms Addition, Lot 26. The motion was seconded by Ron Houck and APPROVED 11 -0. Dave Cremeans moved to suspend the Rules of Procedure and to vote in one motion on the Subdivision Waivers, Docket Nos. 49 -02a SW, 49 -02b SW, and 49 -02c SW for the replat of Little Farms Addition, Lot 26. The motion was seconded by Ron Hock and Approved 11 -0. Dave Cremeans moved for the approval of Docket No. 49 -02a SW, 49- 02bSW, and 49- 02cSW, Replat of Little Farms Addition, Lot 26, subject to inclusion of language relating to the installation of sidewalks and curbs and gutters at such time as may be deemed appropriate by the Department of Community Services. The motion was seconded by Ron Houck and APPROVED 11 -0. 7h. Docket No. 54 -02 PP Amend; Replat of Little Farms Addition, Lot 46 The applicant seeks approval to replat a 2 -lot residential subdivision. The site is located at 10401 Ethel Avenue. The site is zoned R -1 /Residence and R- 3 /Residence within the Home Place District Overlay Zone. The petitioner also seeks approval of the following Subdivision Waivers: 54 -02a SW SCO 8.8 curbs and gutters 54 -02b SW SCO 8.9.1 sidewalks Filed by Timothy Melanie Brower. Timothy and Melanie Brower appeared before the Commission representing the applicant. Approval is being requested to replat a 2 -lot residential subdivision at 10401 Ethel Avenue; this item is very similar to the previous docket. The petitioner is agreeable to installing sidewalks and curbs and gutters at such time as required by the Department of Community Services. The petitioner has also filed for a variance regarding the sideyard setback and will be appearing before the Board of Zoning Appeals on May 28, 2002. Members of the public were invited to speak in favor of or opposition to the petition; no one appeared and the public hearing was closed. Department of Community Services, Jon Dobosiewicz requested any approval be conditioned upon the inclusion of language regarding the installation of sidwalks, curbs and gutters. Dave Cremeans moved for the suspension of the Rules of Procedure in order to vote on the Subdivision Waivers, Docket Nos. 54 -02a SW and 54 -02b SW, and 54 -02 PP, Primary Plat S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 12 Amend, Replat of Little Farms Addition, Lot 46, all in one motion. The motion was seconded by Ron Houck and approved 11 -0. Dave Cremeans moved for the approval of Docket Nos. 54 -02 PP Amend, 54 -02a SW and 54- 02b SW, Replat of Little Farms Addition, Lot 46, and if there is unanimous consent by the Commission, require a single set of Findings of Fact provided by the Department and signed by the President, including the commitments as provided by the Department regarding curbs, gutters, and sidewalks. The motion was seconded by Dianna Knoll and APPROVED 11 -0. After a short recess, the meeting resumed with the business at hand. UNNEW099 li. Docket No. 127 -01 Z; U.S. Highway 31 146 Street PUD (Rezone) 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 G. Reis of The Reis Law Firm for the Lauth Property Group. Paul Reis and Mark Monroe were in attendance representing the applicant. Dave Cremeans reported the Subdivision Committee had gone over this item and was not able to complete the review of the PUD Ordinance. A special session was scheduled for last evening that lasted two hours. The Committee members in attendance last evening were in favor of the changes, but the concern is for those members who were not able to attend that meeting and would have input on the PUD Ordinance. After some discussion on this item and the question posed to the full Commission, the Commission agreed to hold a Special Session on June 4 th prior to the Committee meetings to allow for final review, vote and disposition of this docket. The petitioner was in total agreement to delay the vote until June 4, 2002 at 7:00 PM. Dave Cremeans moved to delay voting on this item and hold a Special Session on June 4 th at 7:00 PM. The motion was seconded by Leo Dierckman and Approved 10 in favor, one opposed (Wayne Wilson). Dave Cremeans encouraged Commission members to send any comments to him prior to the meeting on the 4 th if they cannot be in attendance. 2i. Docket No. 151 -01 PP Amend; Spring Run Estates, Section 1 The applicant seeks approval to amend Spring Run Estates, Section 1 Subdivision to exclude Block A as identified on the plat. The site is generally located at the northeast corner of West 106 Street and Crooked Stick Lane. The site is zoned S- 1/Residence. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 13 Filed by Dennis Olmstead of Stoeppelwerth Associates for Glenn E. Christian. Note: This item was moved to the end of the Agenda, inasmuch as the petitioner was not readily available. Zeff Weiss, attorney and principal for Manchester Properties LLC appeared before the Commission representing the applicant. The petitioner is requesting the vacation of a portion of the plat of Spring Run Estates, Section I, known as Block Aa small strip of property that runs along the east side of Crooked Stick Lane immediately north of 106 Street. This strip of land is not a buildable piece of property and has no restrictions on it whatsoever. The purpose of the vacation is to allow this parcel to be appended to the property that Manchester Properties owns to the immediate east, essentially the northwest corner of 106 Street and Ditch Road. The petitioner is requesting vacation of the parcel and believes the vacation will have no negative impact on any of the lots in Spring Run Estates and will not adversely affect the value of any of the lots in Spring Run Estates. The remaining plat of Spring Run estates will serve its intended purpose and not be adversely affected. Anything done on this parcel would likely be included as a part of a new plat brought before the Commission if the property were subdivided into parcels less than 5 acres. The property in total to the west, including this 12,000 square foot strip of land, is approximately 28 acres and more than likely any plat would require Plan Commission approval. There was some expression by the property owners in Spring Run Estates that they wanted to control what happens on this parcel; they do not have the right to do that—it is in the purview of the Plan Commission. The petitioner is requesting approval for the request to vacate, and again, any subdivision of the real estate would necessitate return to the full Plan Commission. Jon Dobosiewicz noted that it is only necessary for the president to sign the written findings of the plat vacation; these will then be recorded and a file stamped copy provided to the Department. The Subdivision Committee has forwarded this item on to the full Commission with a favorable recommendation 4 -0 and the Department is recommending approval as submitted. Dave Cremeans moved for approval of Docket No. 151 -01 PP Amend, Spring Run Estates, Section 1. The motion was seconded by Ron Houck and APPROVED 10 -0. Disposition: Approved Note: Items 3i., 4i., and 5i. were heard together. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 14 3i. 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. 4i. 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. 5i. 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. Jose Kreutz of Brenwick TND Communities, 12821 East New Market Street, Carmel, appeared before the Commission representing the applicant. George Sweet of Brenwick was also in attendance as well as Keith Lash of Schneider Engineering. Jose commented that this item had Subdivision Committee review at length on April 9 th and May 14 meetings. There were a number of issues addressed. Jose reported that of the 244 streetlights installed in the Village, all but 15 of them were retrofitted with light diffusers. There are 10 existing in one of the parks in the center of the Village; the remaining 5 are located in the parking lot of Brenwick's office space. Light meter readings record a drastic reduction in the intensity of the lights. There were concerns from the Department regarding improvements on Towne Road and these issues, both the scope of the improvements and the timing, have been addressed in the form of a zoning commitment to be made upon agreeing to the change in zoning by the Common Council. One outstanding issue is home -based office. Currently, there are 344 lots in the Village permitted for home -base office use; this number has been reduced to 224. Changes to the building guidelines and approval rights have been restored to the Commission rather than the Department. Also, commercial uses will be allowed on the west side of Towne Road. There was discussion to allow an Inn on the west side of Towne Road. Currently, the project permits a Bed Breakfast of no more than 10 rooms, and an Inn of no more than 100 rooms on the Village of WestClay premises. The Bed Breakfast was seen as a good use on the west side of S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 15 Towne Road, but there was some question and discussion as to the validity of an Inn on the west side of Towne Road, and the petitioner has since withdrawn his request for an Inn. Finally, there was the issue of allowing a type of housing on the west side of Towne Road that permits 4 or less units that are attached. There was also the issue of a Filling Station in WestClay and what that entails. One of the amendments to the text of the Ordinance is a stylistic change that clarifies exactly where a pump may be placed and this led to questioning when the Commission approved a filling station and the ability to provide for service to cars. The filling station change was approved October 19, 2001. Dave Cremeans confirmed Jose Kreutz' findings of the Committee's 4 -0 vote to approve the rezone and the text amendments. The three caveats were the 100 room Inn, the attached dwellings, and the filling station concept. Jon Dobosiewicz reported for the Department. The petitioner has agreed to not include any Inn west of Towne Road. The Department is requesting that a modified recommendation on the text amendment be forwarded as amended in the version made available by Mr. Kreutz. The Department's recommendation on the rezone that puts the text into effect across the property is for a favorable recommendation. The Department's recommendation on the text amendment is that it be forwarded to the Council, as amended this evening, to not include an Inn west of Towne Road, per the petitioner's commitment. There was also a question of what is to happen to the plat west of Towne Road; and permitting the 4 unit, attached dwellings. The petitioner is proposing to limit the number of residential units to 187. Dave Cremeans commented the Committee was not in favor of increasing the density from 137 to 187 and allowing multi family west of Towne Road. Jose Kreutz noted the density has not been increased; the Village is still limited to two units per acre. By adding lots on the west side, they would be eliminated elsewhere. This is not a ploy to increase the density, only an architectural design element that the petitioner would like to pursue. Ron Houck said a concern was there did not appear to be any containment or clear delineation of the area. Once these lots were created, it would become the "ripple effect" and the adjacent properties would then need to be fine -tuned because it was originally envisioned as traditional single family. It would be better contained to the center of the Village and would make more sense from the uses in the way the vision was originally presented to the Commission. Pat Rice agreed with the comments made by Ron Houck. Dianna Knoll said the center of the township has shifted west. If the mixed use is permitted on the west side of Clay, the center then shifts farther to the west. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 16 In looking at the proposed district map, Jose responded they are proposing to not permit any commercial activity on the west side of Towne Road. Paul Spranger requested that in lieu of a standard metal halide that has an industrial lighting effect, the petitioner use the QL induction lamps that have a 100,000 -hour average life. In response to Marilyn Anderson's questions, Jose Kreutz said the multi family buildings can be located anywhere on the 187 lots —the point is that every one of the lots as shown has a minimum of 45 feet in width. We are not suggesting that multi family become the norm; the petitioner would like the flexibility to attach garages, and create a custom design neighborhood. George Sweet addressed the Commission. Brenwick is asking to take a higher grade of architecture to the west. If one reads the Ordinance, there are a lot of things we could have done that we have not done; we would not do something that would be detrimental to us. We would have no reason to put 4 -unit buildings on the perimeter. The definition in the Ordinance of a single family is that it can be up to 4 units attached —that is true all over the project, it is true right now. We have not done that; we have done it in clusters that we think are done with the proper planning. We think that taking a boulevard through an area showing exemplary architecture is a benefit to this community, and we see no reason why, regardless of what you let us do, we would do something detrimental to our own economics. We are trying to create one of the finest housing examples in the State and we think we are getting there. This is now getting into a debate. We would be more than happy to return to Committee, but we would like for everyone to read the Ordinance and understand what it is we are proposing. We are not trying to slip something through and put multi family all over the west side—we are staying with the density originally set. Marilyn Anderson said this area is currently zoned secondary area which is large lot, single family detached dwelling and what is proposed is a change and that is why the Commission is having a problem with it. The Commission would feel a lot more comfortable with the details locked in place. This item should really be returned to Committee. Dianna Knoll said it would be very beneficial for clear definitions of the green, gray, and orange areas and what they mean—single family in the residential world does mean 1 to 4—in everyday language, single family means one family. The definitions need to be clear. Marilyn Anderson said that filling station versus service station should be clearly defined and what, exactly, would a filling station entail as opposed to a service station. Dave Cremeans said he was sure the Commission did not discuss an auto repair center. Jose Kreutz said the Primary Plat filed and approved by the Commission contemplated a filling station, the architectural detail of which was provided on HA102. The architecture was suggested to be Italianate, and ADLS review by the Commission was provided in the Ordinance. There was interest expressed in having someone pick up a vehicle for an oil change and having it ready by the end of the day. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 17 Marilyn Anderson suggested that the petitioner commit in writing as to what items would not be permitted. Ms. Rice asked that there be more specifics. Dave Cremeans explained that in October, the Commission approved 19 items that have not yet gone to the Council and not yet part of the law. Those 19 items are being bundled with the current items to go forward to the Council for their consideration. Jon Dobosiewicz commented that the changes made last fall were made pursuant to the PUD requirements that allowed the Plan Commission to make those changes. The changes are being identified in the Ordinance because it is being forwarded to the Council for changes that only they, ultimately, can review and approve. The language approved last fall does not require approval by the Council. These amendments were made by the Plan Commission and required only their approval—it does not require further review and approval by the City Council. In response to a request from Dave Cremeans for John Molitor to attend the June 4 Subdivision Committee for the Village of WestClay discussion, Mr. Molitor said he, too, would not be available but Judy Hester could possibly attend and be available for questions and comments. The Commission returned items 2i. through 5i., Docket Nos. 15 1 -01 PP, 10 -02 Z, and 11 -02 OA to the Subdivision Committee on June 4 at 7:00 PM in the Caucus Rooms of City Hall. Note: At this point, Norma Meighen exited the meeting and did not return. 6i. 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. Note: This item heard at the end of the Agenda. Jon Dobosiewicz appeared before the Commission representing the petitioner. There is one change in this document and that is with regard to item G and explained by Jon as a further clarification of front building setbacks. The document now requires a minimum of 25 feet of front yard setback on a frontload and sideload garage. The Department is requesting this item be forwarded to the Carmel Common Council with a favorable recommendation for their consideration. Paul Spranger moved to forward Docket No. 38 -02 OA, Amendments to the Carmel /Clay Zoning Ordinance, to the Common Council with a favorable recommendation. The motion was seconded by Dave Cremeans and APPROVED 10 -0. lj. Docket No. 48 -02 ADLS; Tipton Road, LLC Office Complex S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 18 The applicant seeks ADLS approval to modify the exterior of two buildings and construct a third. The site is located at 1220 AAA Way. The site is zoned B -8 Business. Filed by Paul G. Reis of the Reis Law Firm, LLC for Tipton Road, LLC. Paul Reis, attorney, 5013 Buckeye Court, Carmel appeared before the Commission representing the petitioner. Also present were Dr. Daniel Stout of Tipton Road, LLC; John Mosley, Architect; and Mark Monroe with Paul Reis' office. The petitioner is seeking approval to modify and upgrade the exterior of two existing buildings located at 1220 AAA Way and construction of an accessory building. The site is AAA Way on the west side of the street, across from Merchants Square. Currently, one building houses Dr. Stout's medical practice; the second building houses the AAA office; to the west of the two buildings is the Carmel Post Office. The third building will be constructed as an accessory building but could easily be converted in the future to a third office building. The site plan shows the layout. The landscape plans have been submitted to Scott Brewer, Urban Forester. The entry courtyard is existing, but will be upgraded with new landscaping. Scott Brewer has made one request with regard to three River Birch trees that will be moved to the west perimeter of the site that backs up to the Post Office. The upgrade to the existing buildings is to replace the shingles, paint the buildings, and upgrade the landscaping. The materials are consistent with the existing buildings and will be used on the third building to be constructed. The elevations and proposed design of the third building were shown as well as a drawing showing how the three buildings will appear following the upgrade in landscaping and construction of the third building. Dr. Stout presently has wall signage; however, for better visibility and direction for patients as well as identification of the tenant, ground signage may be desired and a proposed sign is shown. If the tenant would like to retain the present wall sign and still want to have a ground sign, the petitioner would have to appear before the Board of Zoning Appeals for a variance. It is important to note that Dr. Stout is the sole tenant in the far northern building. The second building is Hoosier Motor Club— potentially they could have other tenants and signage would be added pursuant to the Sign Ordinance. The third building is currently shown with two tenants. All Technical Advisory Committee issues have been addressed; there are no outstanding issues. At this time, the petitioner requested suspension of the Rules of Procedure and approval for this project so the petitioner may proceed. Jon Dobosiewicz said the Department is recommending this item be forwarded to the Special Study Committee on June 4, 2002. Questions and Comments from Commission Members: S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 19 Nick Kestner asked about the overhead door on the north elevation. Dr. Dan Stout responded it is an access door for medical equipment and medical storage —there is no commercial connotation. The design also provides for easy conversion to symmetrical windows if this space were to be converted to office facilities at a future date. Dave Cremeans wanted assurance from the petitioner that the storage building was not going to rented out but used specifically by the petitioner. Also, under the master plan, the proposed building has a hip roof and the renderings show a gabled roof. The proposed building should be a gabled roof to match the existing buildings. Paul Reis confirmed the building will be a gabled roof and the storage building is an accessory building to Dr. Stout's medical practice. Future contemplation is not storage, but rather office space. Docket No. 48 -02 ADLS, Tipton Road, LLC Office Complex, was referred to Special Study Committee for further review on June 4 at 7:00 PM in the Caucus Rooms. 2j. Docket No. 52 -02 ADLS; St. Vincent Hospital Exterior Signage Plan The applicant seeks ADLS approval for a comprehensive exterior signage plan for a medical facility. The site is located at 13500 North Meridian Street. The site is zoned B -6 /Business and is within the US 3I/Meridian Street Overlay Zone. Filed by Becky Feigh of BSA Design for St. Vincent Carmel Hospital. Becky Feigh of BSA Design, 9365 Counselors Row, Indianapolis, appeared before the Commission representing the applicant. Rodney Rhea with RL Associates was also in attendance. The hospital is nearing completion of current construction and the hospital desires approval for a comprehensive exterior signage plan. Rodney Rhea addressed the Commission and highlighted the four main categories of the signage program. The signage was designed to provide a unified look and enhance "way finding" for both patients and visitors for the Carmel facility. The existing signage is to be enhanced; some of the signage necessitates a variance due to the size to accommodate lettering and graphics. The ground signs number 2 and identify the site and entrances. Signs identify the emergency entrance and the hospital as a whole and have individual lettering. There is also the addition of an existing address for the new professional office building No. 3. Near the main entrance are the "ambulance entrance" and "exit only" signs. There are two backlit signs at the main entry, "main entrance" and "emergency," both in color. The way- finding signs include identification of the expanded parking area, as well as individual signs around the campus to direct vehicular traffic to and from parking areas and entrances. This sign represents the type of laser cut metal that would be used over 5 entrances to the hospital. Jon Dobosiewicz noted that there are several sign variances that run concurrently with the ADLS review that are being considered by the BZA. Generally, the Department does agree with the design in signage that is consistent and directs people to facilities within the campus. This S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 20 facility is considered to be unique among others where the application that is being made for the variance is not inconsistent with the needs on this particular site based on its size and the scope of activities that occur at the location. The Department is in favor of the variance requests and recommends review by the Special Study Committee on June 4 th Comments from Commission Members: Pat Rice requested color samples and materials for the committee to review. Nick Kestner questioned the location of some of the signs. Docket No. 52 -02 ADLS, St. Vincent Hospital Exterior Signage Plan, was referred to the Special Study Committee for further review on June 4, 2002 in the Caucus Rooms of City Hall at 7:00 PM. 3j. Amendments to the Rules of Procedure Due to the lateness of the hour, this item will be discussed June 18, 2002. 4j. Edocket 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 Comnprehensive 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. Mike Shaver, President of Wabash Scientific and author of the Economic Development Plan, appeared before the Commission. The Carmel Redevelopment Commission has approved two Declaratory Resolutions creating two economic development areas identified as the North Illinois Street Economic Development Area and the Old Meridian Economic Development Area. The two Economic Development Areas were displayed on the overhead. The Old Meridian plans include enhanced design standards. The creation of the Economic Development Area and the approval of the Redevelopment Commission, is for the express purpose of being able to provide enhanced funding, if necessary, to the developer in order to make certain that the enhanced design parameters can be implemented when the time comes. This particular proposal was initiated by DOCS in an effort to see that the Plan Commission and Carmel Redevelopment Commission are "on the same page" and able to implement certain plans. The purpose of both of these is to enable the CRC to work hand -in -glove with the Plan Commission through providing financial services or incentives as necessary. Jon Dobosiewicz explained that this item does not require written Findings but rather an "Order" S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 21 similar to a Resolution that would be adopted and require signature by the president and attesting by the secretary. The language essentially indicates that the plan for the area conforms to the Comprehensive Plan of Development for the City of Carmel and meets the requirements that were established, particularly along the Old Meridian area where drainage is of great concern in achieving the type of Main Street atmosphere that is trying to be accomplished along that corridor. Secondly, the Comprehensive Plan is approved, ratified, and confirmed, based on the requirements, that the existing Comprehensive Plan is in effect, and that the Plan Commission place on file this plan as well as the minutes from this meeting for public review. This item is to be forward to the Common Council. Nick Kestner questioned if this action affected in any way the Old Meridian, Mixed Medical designation. Jon Dobosiewicz said the use would not be affected at all. This document reflects mainly infrastructure and the gear towards providing infrastructure permits that will put into place the mechanism by which the land uses will be achieved and design standards anticipated through the Ordinance. Ron Houck questioned the expansion of St. Vincent's Hospital, a not for profit, and their impact on the tax base for Carmel. Mike Shaver said this action does not discourage the expansion of St. Vincent's, it simply tries to make it clear that the expansion of St. Vincent's, because it is tax exempt, would not have the ability to generate tax increment revenue that would pay for the improvements. Wayne Wilson questioned why the City would be creating an economic plan that would preclude a TIF District in an area where there will be no revenue to capture. Mr. Shaver said the CRC is trying to help implement what the Plan Commission has already said that it wanted for this area. There is a caveat—if the whole area is consumed by not for profit, there is no tax increment created and there would be negative tax increment created. However, the Redevelopment Commission does not make any choices with regard to ownership or land use —the option of who develops this area is still left entirely to the Plan Commission and whether or not those development plans are approved. Dave Cremeans moved to approve the North Illinois Street Economic Development Area and affirm that the plan conforms to the Comprehensive Plan for the City of Carmel and forward to the City Council with a positive recommendation. Dave Cremeans' motion was seconded by Paul Spranger. The MOTION was DENIED 7 in favor, 2 opposed (Wilson, Kestner). John Molitor commented that this is not a recommendation to the City Council. The Commission is being asked to make a determination whether or not the Economic Development Plan approved by the Redevelopment Commission conforms to the City's Comprehensive Plan. The City Council does have a role in any funding to be made. Matt Price, attorney with Bingham, McHale, addressed the Commission. Mr. Price was hired by S:\P1anCommission\ Minutes \PlanCommissionMinutes \2002may 22 the City to assist in shepherding through the creation of the two Economic Development Areas. Mr. Price offered clarification to the Commission on the two Economic Development Areas before the Commission. This plan was developed with the assistance of the Department of Community Services staff and provides the financing mechanism to effect the Comprehensive Plan as it is now written. Mr. Price urged the Commission to approve the Order for both economic development areas. The Order will be forwarded to the City Council only if approved by the Plan Commission. The City Council would then re- evaluate the plan and the Redevelopment Commission would subsequently hold a public hearing and the public will be able to comment on whether or not this district should be established. Docket Nos. 32 -02 OA and 31 -02 CPA were forwarded to the June 4 Special Study Committee for further review. There being no further business to come before the Commission, the meeting was adjourned at 11:30 PM. Marilyn Anderson, President Ramona Hancock, Secretary S:\P1anCommission\ Minutes \P1anCommissionMinutes \2002may 23