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HomeMy WebLinkAboutMinutes PC 06-18-02IUU P` F C =y oi�� C ity of CARMEL /CLAY PLAN COMMISSION JUNE 18, 2002 The regularly scheduled meeting of the Carmel /Clay Plan Commission opened with the Pledge of Allegiance at 7:00 PM on June 18, 2002. The meeting was held in the Council Chambers of City Hall, Carmel, Indiana. Members present were: Marilyn Anderson, president; Jerry Chomanczuk; Dave Cremeans; Leo Dierckman; Dan Dutcher; Wayne Haney; Ron Houck; Nick Kestner; Norma Meighen; Maureen Pearson; Pat Rice; Paul Spranger; and Wayne Wilson, thereby constituting a quorum. The minutes of the May 21, 2002 meeting were approved as submitted. Jon Dobosiewicz was in attendance representing the Department of Community Services. John Molitor, Legal Counsel, was also in attendance. John Molitor reported on pending litigation. In regard to Leeper Electric, the parties were unable to reach agreement on the written provisions of the settlement and the Judge ordered the case back to mediation. At this time, the State of Indiana is also a party to the lawsuit. The mediation session was not productive. In the pre -trial conference, the Judge indicated that he would consider the motions filed for reconsideration of whether or not the City's action is, in fact, a taking in view of the most recent Supreme Court ruling. There is a possibility that the Judge will consider continuing the whole trial until such time as the State makes their final determination on the road project, probably by the end of this year. In the matter of the Bonbar case, a favorable decision was rendered by the Court supporting the Plan Commission's action. The developer has a few more days to decide whether or not he wishes to appeal the ruling. The proposed changes to the Plan Commission Rules of Procedure were discussed by the Executive Committee and approved for the Plan Commission's consideration. This is suggested for review and vote as the last item of business this evening. Jon Dobosiewicz reported the Old Meridian Economic Development Area and North Illinois Street Economic Development Area were reviewed by the Special Study Committee on June e. These items are being returned from Committee with a 5 -0 favorable recommendation for approval. Pursuant to approval by the Commission, both Declaratory Resolutions need to be signed by the President and attested by the Secretary. S :\P1anCommission\Minute s \P1anCommissionMinute s \2002j un18 Ig. Overall Old Meridian Economic Development Area The applicant seeks approval of an Order concerning the establishment of the Overall Old Meridian Economic Development Area. Filed by the Department of Community Services. 2g. North Illinois Street Economic Development Area The applicant seeks approval of an order concerning the North Illinois Street Economic Area. Filed by the Department of Community Services. Mike Shaver, president of Wabash Scientific, addressed the Commission. Also present were Rick Roesch, president of the Redevelopment Commission, and Matt Price of Bingham, McHale, assisting with the project. Mr. Shaver explained that the Plan Commission is being asked to verify that the two Economic Development Plans that have been presented conform to the Comprehensive Plan for those areas. The Special Study Committee has recommended unanimous approval, and the previous presentation made to the Plan Commission explained the Economic Development Plan. The creation of the two Economic Development Areas was specifically to offer the benefits of these areas in order to support the proposed developments that the Plan Commission has previously approved. At North Illinois Street, the primary purpose of creating the economic development area is to possibly use TIF to create the northern leg of the Illinois Street corridor. In the Overall Old Meridian area, the intent is to offer possible support of TIF to the enhanced development standards the Plan Commission previously approved for redeveloping the Overall Old Meridian area. Leo Dierckman reported for the Special Study Committee; the two Economic Development Plans do conform to the City's Comprehensive Plan for those areas and the Committee voted to recommend approval. Paul Spranger moved to approve the Order for the Economic Development Plan for the Overall Old Meridian area. The motion was seconded by Leo Dierckman and APPROVED 13 -0. Paul Spranger moved to approve the Order for the North Illinois Street Economic Development Area. The motion was seconded by Leo Dierckman and APPROVED 13 -0. H. Public Hearings lh. Docket No. 62 -02 DP /ADLS; West Carmel Center, Block B Carmel Center West Office Buildings The applicant seeks Development Plan and ADLS approval to construct an office center. The site is located at the southeast corner of West 106 Street and Commerce Drive. The site is zoned B -5 /Business and is subject to the requirements of the US 421/Michigan Road Overlay Zone. Filed by Paul G. Reis of the Reis Law Firm for West 106 Street Properties, LLC. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 2 Paul G. Reis, attorney, 5013 Buckeye Court, Carmel appeared before the Commission representing the petitioner. Also in attendance were Frank Swift, developer; Mike DuBoy of Mid States Engineering; and Rick Thomason, architect. The petitioner is seeking Development Plan approval for the development of three general and professional office buildings located on a 4 acre tract of land at a previously approved development at Commerce Drive and West 106 Street in the West Carmel Center. The site is zoned B -5 Business and is subject to the provisions of the US 421 Overlay Zone The petitioner is also seeking ADLS approval for two general office buildings on this particular site. The site plan conforms to the development standards established for the B -5 and US 421 Overlay Zone District. The buildings have been designed to conform to the architectural requirements of the 421 Overlay Zone and all of the concerns and comments of the Department regarding architecture have been addressed. The office buildings will be constructed of brick with limestone and EFIS trim. The design and materials used are consistent with and complementary to other buildings of similar design and approved buildings within the Overlay Zone. The landscape plan conforms to the applicable Overlay Zone Ordinance. The parking areas have been screened and the bufferyard area over the Panhandle Eastern Pipeline has been landscaped. There are also foundation plantings around the perimeter of all buildings. A photo metric plan and a cut sheet of the lighting fixtures has been submitted to the Department and will be available for review at the Committee meeting as well as samples of the building materials. The signage on the building is individual letters, back -lit; there is also a monument sign shown in the informational booklet. The materials in the monument sign will be consistent with the materials used in the building itself. All of the issues and comments raised by the Technical Advisory Committee have been addressed. 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. Comments from Plan Commission members: Ron Houck said it would be good to have more uniformity and consistency between the signage in terms of font rather than a hodge -podge design of the signs. Dan Dutcher said the inclusion of a link/trail as it relates to the COAT, alternative transportation plan, was not readily apparent. Mr. Reis responded there is a 10 -foot path provided and it does show on the site plan. Nick Kestner asked that the multi purpose path be installed on both Commerce Drive and 106 Street and a connector between the buildings to the pathway. Mr. Reis responded that the site plan was changed and it now provides for a connector from the buildings to the sidewalk. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 3 Maureen Pearson asked for confirmation of the access to the buildings and parking lots off Commerce Drive and not off of 106'. Mr. Reis did confirm. Docket No. 62 -02 DP /ADLS, West Carmel Center, Block B Carmel Center West Office Buildings was referred to the Special Study Committee for further review on July 2, 2002 at 7:00 PM in the Caucus Rooms of City Hall. 2h. Docket No. 64 -02 Z; Rezone of Dixie Hi -Way Addition, Lot 8 the west half of Lot 9 The petitioner seeks to rezone one lot from the R -3/ Residence District within the Home Place District Overlay Zone to the B -9 /Business District within the Home Place District Overlay Zone. The site is located at 10820 North College Avenue. The site is zoned R -3 /Residence within the Home Place District Overlay Zone. Filed by Leonard Voight. Leonard Voight appeared before the Commission representing the petitioner. The home is presently a single family, two story home with a gravel driveway, approximately 68 years old, with very large trees on the lot. The petitioner is seeking to rezone lot 8 and the west half of lot 9 to provide for an office use. The two lots are approximately one acre and the only substantial change is paving the driveway and installing curbs. NO trees will be removed; no signage is necessary; a fence is proposed for the front of the property. 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. Comments from Commission members: Nick Kestner asked about disposition of medical waste. Mr. Voight responded that the company presently occupying the site is Acu -Med who does pre- employment drug testing off site. There may be an isolated incident of drug testing on site, in which case, the needle is disposed of in a hazardous waste container (Sharpe's container) and an off -site, hazardous waste removal company makes a pick -up. Hazardous waste is disposed of and not put in a trash container outside. Ron Houck asked if the petitioner were in an area affected by the widening of College for inter- section improvements and whether or not the Department has discussed with the petitioner certain commitments regarding curb and gutter and sidewalks. Mr. Voight said they are 10 feet away from being affected by the road improvements on College. Also, at some future date, College may be widened 65 feet from the centerline into the site. At this time, a fence is proposed within the 65 feet for purpose of aesthetics, however, if, at any time, the Department requires the frontage, the fence will be moved. Ron Houck also asked about consideration of right -of -way that might be necessary for future roadway improvements consistent with improvements at the intersection of 106 and College. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 4 Jon Dobosiewicz said this will be discussed at Committee, but typically, and almost exclusively with rezones, the Department requests dedication of right -of -way pursuant to the Thoroughfare Plan. The Department pointed out that the applicant's plan does not provide for significant improvements on the site up front. Under the current zoning, R -3, the owner would be allowed to sell off the back half of lots 8 and 9 that front on Broadway. Today, they could come in with a building permit application and receive a permit to build two duplexes on the back half of these lots without any additional approval by the Plan Commission. The Plan Commission and City Council have identified the area between Broadway and College for commercial development. The long term benefit with the proposed rezone is that because of the B -3 Zoning, there would be no duplexes built and it would be maintained for future commercial use. If the Department required improvements to the house and the property to bring it in full conformance with the Overlay, we would be deterring someone from coming in and tearing down the existing house and building from scratch. The question is are we willing to sacrifice a short term gain by making several improvements to the site as opposed to the long term benefit of commercial zoning that would prevent the residential use on the site. Right -of -way will be dedicated, and public improvement will come in the future when the site is redeveloped. Docket No. 64 -02 Z, Rezone of Dixie Hi -Way Addition, Lot 8 and the west half of Lot 9 was referred to the Subdivision Committee for further review on July 2, 2002 at 7:00 PM. 3h. Docket No. 66 -02 DP Amend /ADLS; Hamilton Crossing Building #5 (Revised) The applicant seeks amended development plan and ADLS approval to construct an office building. The site is generally located at the southwest corner of 131 Street and U.S. Highway 31. Filed by Blair D. Carmosino of Duke Realty Corporation. Blair Carmosino of Duke Realty, 600 East 96 Street, Indianapolis, appeared before the Commission representing the applicant. Also in attendance were: Curt Danner, senior Vice President of Duke Realty; Alan Tucker, project architect with CSO Architects; and Steve Granner, attorney. The petitioner seeks ADLS approval of the 5 th building in the Hamilton Crossing development, south of 131 Street and west of US 31, north of 126 Street. The 5 th building will be the northernmost building and slightly east on the site. The building is two stories, approximately 40,000 square feet. There is a greenspace between the building to the south and the proposed building in order to preserve an existing stand of trees on the southern facade of the building. North of the building, the site angles on a curve in order to respect the Thoroughfare Plan recently amended to provide for a proposed interchange ramp at 131 and US 31. Some improvements are dashed in in the area where the ramp is proposed, however, this petition does not seek any approval of anything within that area at this time. This petition has been reviewed by the Technical Advisory Committee and the Department. The only item where there is deficiency is in the landscaping plan and the petitioner is in agreement with all of the landscape issues. The main entrance to the building is on the north facade. Members of the public were invited to speak in favor of or opposition to the petition; no one S:\P1anCommission\ Minutes\ PlanCommissionMinutes \2002jun18 5 appeared and the public hearing was closed. Comments and Questions from Commission Members: Ron Houck challenged the petitioner and the Special Study Committee to work together to look at ways to add some architectural interest to the building. Mr. Houck would like to see a different treatment to the center section that has the crescent shaped roofline. Docket No. 66 -02 DP Amend /ADLS, Hamilton Crossing Building #5 (Revised) was referred to the Special Study Committee for further review on July 2, 2002 at 7:00 PM. 4h. Docket No. 67 -02 DP Amend /ADLS; West Carmel Center, Block D, Lot 2- Fifth Third Bank The applicant seeks amended development plan and ADLS approval to construct a financial institution. The site is located at the northeast corner of US 421 and Retail Parkway. The site is zoned B -3 /Business and is subject to the requirements of the US 421/Michigan Road Overlay Zone. Filed by Jeffery Hartley of Klump Associates. Jeff Klump of Klump Associates appeared before the Commission representing the applicant. Also in attendance were Jeff Hartley; Tim Kling of Fifth Third Bank; Tom Engle; and the representative from Schneider Engineering. The Fifth Third Bank site is proposed on the northeast corner of US 421 and Retail Parkway and is within the requirements of the Michigan Road Overlay Zone. Fifth Third has a prototype bank in Noblesville, and a number of steps have been taken to accommodate the architectural features to comply with the Overlay Zone guidelines. The bank is 4,200 square feet with four drive through lanes and a drive -up ATM lane. There are 26 parking spaces plus 2 handicap spaces, and a reciprocal access agreement with Target for additional parking. A total of 49 parking spaces are anticipated. There are adjacent lots, but the users are not known as yet. Curb cuts have been addressed as well as the pitch of the roof to accommodate architectural features; split face block is being used. Stan Schnerr addressed the Commission and explained in detail the site plan. A small amount of parking is arranged to the front of the building as well as the access for the drive through lanes and drive -up ATM lanes facing the Target parking lot. The landscaping is laid out by the guidelines of the 421 Overlay Zone requirements. There is a 30 -foot buffer yard along US 421 as well as the required 6 -foot landscape buffer adjacent to the parking lot. The landscape buffer continues to the side of the site plan that fronts on Retail Parkway. The landscaping does buffer the three sides of the property and extends and includes the shared parking area on the north end of the site. At this time, the landscaping does meet the requirements. The issue of the sanitary sewer connection has been resolved. 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. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 6 Questions and Comments from Commission Members: Leo Dierckman asked the petitioner to look at the bank machine and its design in relation to the recently approved Forum Credit Union teller machine. At issue is the color and the lighting, not the positioning. Dave Cremeans commented about the parking to the front of the building —the Commission has tried to limit parking facing 421. Because the site is small, it appears the area was needed for parking. This needs to be reviewed at the Committee level. Ron Houck agreed with better integration of the ATM machine and also questioned if the "Genie" was the brand of the machine or actually part of the signage. Regarding signage, the Committee should look at the red band underneath Fifth Third Bank; illumination is also an issue. Nick Kestner also questioned the aesthetics of the ATM machine —there are machines on the market that are half the size of the one proposed; they look nicer and are safer from a crime standpoint. Docket No. 67 -02 DP Amend, /ADLS, West Carmel Center, Block D, Lot 2 -Fifth Third Bank, was referred to the Special Study Committee for further review on July 2, 2002 at 7:00 PM. 5h. Docket No. 72 -02 DP Amend; Old National Bank Carmel Banking Center Petitioner seeks Development Plan Amendment approval to Remodel and expand an existing building (Walden Bookstore) into a financial institution. The site is located at 1430 South Rangeline Road. The site is zoned B -3 /Business. Filed by J. William White of A.J. Armstrong, Inc. Charlie Frankenberger, 4983 St. Charles Place, Carmel appeared before the Commission representing the applicant in connection with approvals necessary to redevelop the real estate located on the northwest corner of 116 Street and Rangeline Road. The site is currently occupied by the Walden Bookstore and is part of The Centre shopping center Old National is requesting approval necessary to redevelop the Walden Bookstore into an Old National Bank. The proposed remodeling will completely change the exterior of the existing building. The real estate is zoned B -3; the necessary and requested approvals are ADLS Amend from the Special Study Committee; Development Plan approval from the Plan Commission; and Development Standards from the Board of Zoning Appeals. The request for ADLS approval has been reviewed by and is pending before the Special Study Committee. The petitioner is scheduled to appear before the BZA for a review of the requested variances. The petitioner has met with the Technical Advisory Committee for review of the site development plans and this evening, approval of the site plan is being requested. The footprint of the building remains the same and to that extent, the site is not physically changing. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 7 Charlie Frankenberger asked for a suspension of the Rules of Procedure so that a vote could be taken this evening. 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. Questions and Comments from Commission Members: Dan Dutcher asked about clarification of the right -of -way issue. Charlie Frankenberger explained that the proposed right -of -way on Rangeline Road equals the existing right -of -way, a 45 foot one -half. There are no right -of -way issues on Rangeline Road. The proposed right -of- way on 116 Street is 70 feet, the dedication of which would compress this site to the point that parking would be eliminated and it would essentially be unusable or of less utility than it is now. Consequently, the DOCS agreed that along 116 Street adjacent to this site, 60 feet will be dedicated. The dedication of right -of -way exceeds the marginal impact of the development Ron Houck asked about the ATM. Mr. Frankenberger responded the ATM is integrated into the building, not free standing, and is being reviewed by the Special Study Committee in connection with the architecture of the building. Docket No. 72 -02 DP Amend, Old National Bank, was referred to the Special Study Committee for further review on July 2, 2002 at 7:00 PM. 6h. Docket No. 70 -02 PP; Williams Ridge Subdivision The applicant seeks approval toxlat a 6 -lot residential subdivision. The site is located on the north side of 116 Street, 1 /2 mile west of Gray Road. The site is zoned R -1 /Residence. The petitioner also seeks approval of the following Subdivision Waivers: 70 -02a SW SCO 8.9.1 sidewalks Filed by Max Mouser of Weihe Engineers. Jon Dobosiewicz reported this item fell short of the publication deadline under the Plan Commission's Rules of Procedures, and a motion would be needed to hear this item this evening. Dave Cremeans moved to suspend the Rules of Procedure in order to hear this; seconded by Dianna Knoll. The vote was 9 in favor, 4 opposed. Motion Denied. TABLED TO JULY 16, 2002 MEETING The public hearing on this item and public input will be heard at the July 16 meeting. 7h. Docket No. 57 -02 Z; Carey's Addition, Lot 8 The petitioner seeks to rezone one lot from the R -3/ Residence and 13-1 /13usiness Districts within the Old Town District Overlay Zone to R -3 /Residence District within the Old Town District Overlay Zone. The site is located at 130 First Street Northeast. The site is zoned R -3 /Residence S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 8 and B -1 /Business within the Old Town District Overlay Zone. Filed by the Department of Community Services. Jon Dobosiewicz appeared before the Plan Commission representing the applicant. A map was furnished to all Commission members. Lot 8 is split in half by zoning classifications B -1 and R- 3. The Department has received a petition from the owner to construct a duplex on this site. The owner has agreed to support the Department's request to rezone the property and eliminate the conflict created by the split zoning. The Department is requesting a suspension of the Rules of Procedure and forward a favorable recommendation to the City Council in order to clear up the zoning on this property. 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. Pat Rice moved for the suspension of the Rules of Procedure. The motion was seconded by Wayne Wilson and approved 13 -0. Pat Rice moved to forward Docket No. 57 -02 Z, Carey's Addition, Lot 8, to the City Council with a favorable recommendation. The motion was seconded by Ron Houck and APPROVED 13 -0. 8h. Docket No. 39 -02 OA, 40 -02 OA Amendments to the Carmel /Clay Zoning Ordinance Use Table Adoption Definitions Amendment (Text Amendments) The petitioner seeks to make amendments to the structure of the Ordinance relating to uses, add definitions and group all definitions into Chapter three of the Ordinance. Filed by the Department of Community Services. Jon Dobosiewicz appeared before the Commission representing the applicant. A public hearing on this item would require a suspension of the Rules of Procedure, since public notice was deficient. The Department is requesting that this item be Continued to the July 16 meeting. TABLED TO JULY 16 MEETING. Ii. Docket No. 125 -01 Z; 136 Street Rohrer Road PUD/ Hunters Creek Office Park Petitioner seeks favorable recommendation of a rezone from the B -3 (Business) and R -1 (Residence) districts to a PUD /planned unit development district on 5± acres. The site is located at the southwest corner of Marana Drive and Rohrer Road. Filed by Charles D. Frankenberger of Nelson and Frankenberger for Hunters Creek Office Park, LLC. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 9 Charles Frankenberger, attorney, appeared before the Commission representing the Hunters Creek Office Park. The petitioner is requesting a rezone of the property in order to permit office development. There have been some changes in the proposed PUD, and the intensity is below what is permitted by the Overlay Zone. The development as proposed presents an opportunity to the homeowners in the area to achieve certainty on this parcel of real estate in a manner that guarantees substantially more open space, landscaping, and significantly less intensity than may other occur. Mr. Frankenberger commented that the proposed use is a win -win situation; it is good land use, good planning, and a favorable recommendation to the City Council is requested at this time. Leo Dierckman reported for the Special Study Committee. Several months were taken to review the proposal. Even though the petitioner has made concessions on the number of buildings to be developed, it was the Committee's determination that the need for an office park did not exceed the need to ensure the safety and welfare of the neighborhood directly contiguous to the proposed development. The Committee voted a negative recommendation (4 -1) based on the safety and welfare of the neighborhood and the traffic generation by the business use on a residential street and the potential of business traffic being directed through the residential areas directly contiguous. Department Report, Jon Dobosiewicz. The Department's position has been consistent and is reflected in the Department Report. The plan most recently proposed to reduce the amount of utility and use of the property is not preferred by the Department, the Department is still recommending that the Plan Commission forward the Rezone request on to the City Council with a favorable recommendation. Nick Kestner reported that he had voted in favor of the proposal at the Committee. An active church would create more traffic than the proposed office park. Most churches have a pre- school program that creates a lot of traffic, there are a number of activities in the evenings and on weekends. Most offices are operated 8 AM to 5 PM Monday through Friday with very little weekend traffic. Also, there is the possibility of US 31 being improved and the noise level would increase tremendously. An office park would give some relief and provide a buffer. Leo Dierckman expressed his feeling that church traffic is more user friendly to residential areas. Churches are excellent buffers between single family residential and commercial uses. Ron Houck moved for the approval of Docket No. 125 -01 Z, 136 Street Rohrer Road PUD /Hunters Creek Office Park. The motion was seconded by Nick Kestner; the vote was 3 in favor, 10 opposed. MOTION DENIED. Leo Dierckman moved to forward Docket No. 125 -01 Z to the City Council with an unfavorable recommendation. The motion was seconded by Wayne Wilson. The vote was 11 in favor, 2 opposed. Note: Items 2i. and 3i. were heard together and voted on separately. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 10 2i. 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. 3i. 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. Robert Hicks, attorney, One American Square, Indianapolis, appeared before the Commission representing the St. Vincent Hospital in its request to rezone approximately 45 acres located primarily south of the existing St. Vincent Hospital campus. The petitioner is requesting a change in zoning from several different uses within the Old Meridian Zone office /mixed use to Mixed Medical Zoning. The probability is that the property will be developed in the near future in a manner supportive of the primary user of the land, i.e. St. Vincent Hospital. St. Vincent Hospital has worked with the Department through Mike Hollibaugh and Kelli Lawrence to develop a new, workable, zoning classification, Mixed Medical, even though it has more than just medical. The primary and dominant use is uses that are supportive of medical use. The uses include medical office, surgery center, possible but unlikely hospital, assisted living, retail uses that are supportive of the hospital campus such as a gift shop, flower shop, barber shop, etc., and places of convenience for members of the hospital, patients, and their families. Another reason for the petition is that under the existing zoning development standards, there would be a plethora of zoning variances because of the way the Old Meridian District came together. For instance, in the Old Meridian District, all streets were to accommodate on- street parking, including interior streets and open, public, existing, exterior streets such as Old Meridian. This is not consistent with what is normally seen in a hospital campus. There are safety issues, emergency vehicles that need to have the right -of -way, there needs to be no congestion on the streets, and this condition was seen as something that would require a variance a number of times. Another reason is that under existing Development Standards, all streets must be public, no S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 11 private streets in the Old Meridian District. Given the hospital complex /medical campus, there will most likely be a need for interior, private access ways and streets. No parking in the front yards is one of the requirements —this has been relaxed. The petition asks for no more than 15% of parking in the front yards. Also, the maximum setback varies between 20 and 25 feet—this has been increased to 35 feet in order to give a little extra space between the roadway and the front of the buildings. Finally, the existing Ordinance says that a maximum building footprint size is 15,000 square feet. In many cases, 15,000 square feet will accommodate medical buildings, but it may not and would need to be bigger. The proposed Ordinance contains a procedure whereby the Director of the DOCS would have discretion if a petitioner were to propose a footprint in excess of 15,000 square, the Director would have input and could assist the petitioner in determining whether or not a variance would be required. However, there would be some flexibility to allow the Director of the Department to increase the 15,000 square foot maximum to something higher to accommodate a rehab facility, fitness facility, etc. The proposed Ordinance allows for single family, attached dwellings throughout the entire 45 acre site. As originally proposed, the Ordinance inadvertently omitted some of the retail uses that had existed on the Knapp family property under the Mixed -Use classification. These retail uses have been incorporated into the Ordinance and are now allowed. The concern expressed by the American Legion was fueled by a need to thoroughly understand the proposal. The Legion has now expressed a desire to the Department to add some of their property for inclusion in the Mixed Medical zoning classification, in particular the Legion Headquarters Building. The petitioner is willing to make a few commitments pending approval of the Rezone Classification by the City Council. Those commitments are: The dedication of a pedestrian trail that would give some connectivity between Main Street and Old Meridian; dedication of right of -way at all points where the petitioner's land touches existing, open, public streets —for example on Main Street, on the east side of Old Meridian, and on Guilford. In addition, the petitioner will dedicate sufficient land to accommodate a round -about at the intersection of Old Meridian and Guilford. The petitioner is working with the City Engineering Department to deal with some issues such as runoff. Leo Dierckman commended the petitioner on his work with the American Legion and Sundown Gardens. The Special Study Committee voted 5 -0 in favor of the petitions. DOCS, Jon Dobosiewicz recommended the Plan Commission forward these three petitions on to the City Council with a favorable recommendation. The Commission should first act on the Comprehensive Plan Amendment, CPA 31 -02 CPA; secondly, the text amendment 32 -02 OA, modification of the text amendment within the existing Ordinance. Thirdly, the Commission should forward a recommendation to the City Council on the Rezone request, 33 -02 Z, subject to the two conditions identified within the Department Report. One of the conditions is that an S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 12 agreement be reached on the construction identification of the trail, and the dedication of the right -of -way for the round -about as well as along the property frontages, pursuant to the approval of the City Engineer. It would be beneficial for both parties to be in a position of clarification on expectations of that particular intersection prior to the Council taking final action on the rezone request. Ron Houck questioned the single family, attached homes throughout the 45 -acre site. From the mixed medical use concept, how does that fit into the strategy. Robert Hicks responded that it may or may not fit in with the strategy. There are some medical uses that might employ that classification such as assisted living, homes for the elderly, etc. There is not a specific plan on the table at this time to develop other than medical type uses; the petitioner does not own all of the property. Jon Dobosiewicz said the assisted living use would not fit into the current qualification for single family, attached homes; however, that particular use would fit within the Mixed Medical Zone. It is fully anticipated that this area would develop commercially, and it is not anticipated that it would develop as single family, based on the permitted uses within the zoning classification. The Mixed Medical Zone will allow additional flexibility. John Molitor commented that the single family, attached homes does not conform to the current policies, but we would be adding policies that would support it by virtue of the Comprehensive Plan changes. Dave Cremeans said he still had questions. If single family, attached housing is never going to happen in this area, why is it being included rather than just being left out of the proposal? Leo Dierckman said that the current property owners wanted to retain the ability to be able to sell single family residential. There is a strong likelihood that this area will never be single family. There is no compelling reason not to include single family. Leo Dierckman moved to forward the following Dockets to the City Council with a favorable recommendation: Docket No. 32 -02 OA and 31 -02 CPA, Old Meridian District Amendment (ZO Chapter 20G, Mixed Medical Zone, Old Meridian Comprehensive Plan Aendment Mixed Medical Zone, and 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), subject to an agreement being reached on the construction identification of the trail, and the dedication of right -of -way for the round about. The motion was seconded by Ron Houck and APPROVED 13 -0. 4i. 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,' /2 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. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 13 Chris White, CRWhite Development, 510 Fox Lane, Carmel, appeared before the Commission representing The Jones Company. Approval is being requested to plat a 50 -lot subdivision on 37 acres to be known as Aberdeen Bend. As a result of review by the Subdivision Committee on June 4, 2002, more landscaping will be detailed at the south end of the development and the gazebo will be re- located from the south end of the project to the north end as requested by an adjoining property owner. The Subdivision Committee had voted 4 -0 in favor of the petition. Dave Cremeans confirmed the vote of the Subdivision Committee and the request for more landscaping and re- location of the gazebo. Jon Dobosiewicz said the Department is recommending approval of the primary plat subject to the recording of a commitment concerning the use and development of the real estate, more specifically regarding roadway improvements along 131 Street. The landscape plan was reviewed and approved by Scott Brewer, Urban Forester Dave Cremeans moved for the approval of Docket No. 44 -02 PP, Aberdeen Bend Subdivision (Primary Plat), conditioned upon the recording of a commitment regarding roadway improvements along 131 Street. Ron Houck seconded the motion, and the motion was APPROVED 13 -0. Note: Items 5i., 6i., and 7i. were heard together and voted on separately. 5i. 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. 6i. 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. 7i. 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. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 14 Jose Kreutz of Brenwick Development Company, Inc. appeared before the Commission representing the applicant on behalf of three separate but related items regarding the Village of WestClay. The applicant received a positive recommendation from the Subdivision Committee, subject to three exceptions. The petitioner again appeared before the Subdivision Committee and is being returned to the full Commission with a unanimous recommendation from the Subdivision Committee without conditions. Dave Cremeans reported for the Subdivision Committtee. The three petitions have been reviewed and re- reviewed, and felt to be a good package that will benefit the developer and retain the character of the vision for the Village of WestClay. The Committee approved the three petitions with a 4 -0 vote. Jon Dobosiewicz said the Department is requesting that items 11 -02 OA, Village of WestClay PUD Text Amendment, and 10 -02 Z, Village of WestClay Rezone be forwarded to the City Council with a positive recommendation. The Department is also requesting that item 12 -02 PP Amend, Village of West Clay Primary Plat Amendment be approved. Ron Houck that the changes be summarized for the benefit of the Plan Commission members. Dave Cremeans said one concern was the 100 room Inn on the west side of Towne Road —this has been withdrawn. There is still verbage in the text that allows for a 100 -unit Inn to be built east of Towne Road as proposed in the original PUD. The four unit attached housing was a verbage concern and that it was never intended. The agreement is that it will be two family, attached housing west of Towne Road. There will also be no commercial west of Towne Road. The other item of concern was a service station —that it might be an auto body repair shop. There is language in the Ordinance that precludes that and specifically outlines and details what would be allowed there such as an auto detailing shop, oil change, everything being contained inside the building and the building being architecturally correct. The two unit, attached dwellings cannot occur along the perimeter of 126 Street and Towne Road facing the streets. Leo Dierckman moved to forward Docket No. 10 -02 Z, Village of WestClay Rezone, to the City Council with a positive recommendation. Following a second by Dave Cremeans, the motion was APPROVED 13 -0. Leo Dierckman moved to forward Docket No. 11 -02 OA, Village of WestClay PUD, Text Amendment, to the City Council with a positive recommendation. Following a second by Dave Cremeans, the motion was APPROVED 13 -0. Norma Meighen moved to Table Docket No. 12 -02 PP Amend, Village of WestClay Primary Plat Amendment, until such time as the City Council has acted upon Dockets 10 -02 Z and 11 -02 S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 15 OA. Following a second by Wayne Wilson, the motion was Tabled 13 -0. 8i. Docket No. 48 -02 ADLS; Tipton Road, LLC Office Complex 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 appeared before the Commission representing the applicant. Tipton Road, LLC was reviewed by the Special Study Committee on June 4, 2002; the signage was also touched on. The Committee gave the applicant a favorable recommendation by a vote of 5 -0. Leo Dierckman confirmed the action of the Special Study Committee. Leo Dierckman moved for the approval of Docket No. 48 -02 ADLS, Tipton Road, LLC Office Complex. Following a second by Ron Houck, the motion was APPROVED by a vote of 13 in favor, none opposed. 9i. 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 31/Meridian Street Overlay Zone. Filed by Becky Feigh of BSA Design for St. Vincent Carmel Hospital. Becky Feigh of BSA Design, 9365 Counselor's Row, appeared before the Commission representing the applicant. Also in attendance was Charles Jeffers, St. Vincent Carmel Hospital. The applicant is requesting approval of an exterior sign package previously submitted. The petitioner met with the Special Study Committee for review of the sign package. "Emergency" text will be added to the main sign. The petitioner will be appearing before the Carmel Board of Zoning Appeals seeking a variance in height requirement and square footage. Leo Dierckman confirmed that the committee had reviewed the sign package in detail and the word "Emergency" was added to the one main sign. The Committee vote 5 -0 in favor of the sign package. Jon Dobosiewicz said the Department is recommending approval of the ADLS petition, recognizing that the petitioner will be appearing at the next Board of Zoning Appeals meeting requesting variance approval of the package as presented this evening. Leo Dierckman moved for the approval of Docket No. 52 -02 ADLS, St. Vincent Hospital, Exterior Signage Plan. Following a second by Ron Houck, the motion was APPROVED 13 -0. 10i. Proposed Amendments to the Rules of Procedure John Molitor reported that the Executive Committee had met last month and gone over some changes to the Rules of Procedure. The Executive Committee then voted to move the proposed S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 16 amendments forward to the full Plan Commission. Due to the length of last month's Agenda, that item was carried over to this evening's business. The changes such as Findings of Fact were discussed. The president will be allowed to sign the Findings of Fact, attested by the Secretary, upon approval by the Plan Commission Secondly, the Rules already provide for a secondary plat to be approved by the Department when it conforms to the Ordinance and the Primary Plat. However, there is no provision in the rules for secondary plats that are filed and hang on indefinitely. A rule has been drafted that would allow the Staff to bring those before the Plan Commission for formal dismissal after a period of time for lack of prosecution. Regarding Committee empowerment, the Rules would allow the Committee to approve ADLS Amendments without having to go before the entire Commission and for the Subdivision Committee to approve Primary Plat Amendments without having to go through the entire Commission. The notice requirements for publication —the Noblesville Daily Ledger is no longer the Daily Ledger and no longer is attempting to circulate the Carmel /Clay community. Carmel is left without a daily newspaper except for the Indianapolis Star and the Rules of Procedure have been changed as far as publication of notice. Also, rezones from Residential to P -1 Park District are exempted from the requirement that certified mail be sent to every one of the neighbors. Notice is by publication and no longer by mail. Paul Spranger moved to amend the Rules of Procedure to allow for the posting of a sign as public notice in a neighborhood where there is a proposed rezone to P -1 Park District. Following a second by Ron Hock, the motion was approved 12 -1. Also, in regard to public hearings, the President is allowed to limit testimony that is repetitive or off the topic. The President can restrict discourteous conduct such as catcalls, applause, booing, hissing, etc. The petitioner is specifically allowed upon request or suggestion by a member of the Commission to amend a petition during a meeting and clarify that if the Commission so approves, it does not have to come back before the Commission again for public hearing. The other suggested changes are minor in nature. Finally, the president has the ability to appoint members of the Committees, and all Commission members have the right to attend all Committee meetings -this does not violate the Open Door Law. Recusal of Commission members was also discussed. Unless there is a monetary issue, the Commission members must exercise their vote; each member is charged to make a decision. This was intentionally omitted from the Rules of Procedure. In regard to filing dates, currently the deadline for non public hearing items falls on the first Tuesday of the month. The proposal is to change the deadline to 45 calendar days prior to the meeting. S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 17 Pat Rice moved to amend the Rules of Procedure to allow for a filing deadline of 45 calendar days prior to the meeting. Following a second by Ron Houck, the motion was approved 13 -0. Dave Cremeans moved for the approval of all proposed amendments to the Plan Commission's Rules of Procedure. The motion was seconded by Ron Houck and approved 13 -0. There being no further business to come before the Commission, the meeting was adjourned at 10:40 PM. Marilyn Anderson, President Ramona Hancock, Secretary S:\P1anCommission\ Minutes\ P1anCommissionMinutes \2002jun18 18