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CARMEL /CLAY PLAN COMMISSION
DECEMBER 17, 2002
NHNUTES
The Executive Committee of the Plan Commission met at 6:30 p.m. in the Caucus Rooms, 2" d Floor,
City Hall, to discuss general administrative matters.
The regularly scheduled meeting of the Carmel /Clay Plan Commission met at 7:00 PM in the
Council Chambers of City Hall, Carmel, Indiana. The meeting opened with the Pledge of
Allegiance.
Plan Commission members present were: Marilyn Anderson; Dave Cremeans; Jerry Chomanczuk;
Leo Dierckman; Dan Dutcher, late arrival; Wayne Haney; Ron Houck; Nick Kestner; Norma
Meighen; Pat Rice, late arrival; Paul Spranger; and Wayne Wilson, thereby establishing a quorum.
The Department of Community Services was represented by Mike Hollibaugh, Director; Jon
Dobosiewicz (late arrival;) Kelli A. Lawrence; and Laurence Lillig. John Molitor, Legal Counsel.
The minutes of the November meeting were approved as submitted.
Mike Hollibaugh reported that John Molitor would be late this evening and would probably
report on litigation at the end of the meeting.
Laurence Lillig announced that Public Hearing Items lh and 2h for Clarian North Hospital have
been tabled. Also, item Ij for Tom Wood Volkswagen Signage under New Business has been
tabled for this evening.
H. Pnhlic Hearinvc
1h. Docket No. 145 -02 Z; Clarian North Hospital (Rezone)
The applicant seeks to rezone a 5.043 acre tract form B -5 Business to B -6
Business. The site is located at the southwest corner of Pennsylvania Parkway and
College Avenue.
Filed by Joseph M. Scimia of Baker and Daniels for MCP II, LLC and Methodist
Health Group, Inc.
TABLED
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2h. Docket No. 146 -02 DP /ADLS; Clarian North Hospital
Petitioner seeks Development Plan and Architectural Design, Lighting,
Landscaping Signage approval for a hospital and medical office building. The
site is located at the southwest corner of Pennsylvania Parkway and College
Avenue. The site is zoned B -5 Business and B -6 Business and is within the US
31 Overlay Zone.
Filed by Joseph M. Scimia of Baker and Daniels for Clarian Health Partners, Inc.
TABLED
3h. Docket No. 114 -02 Z; Crooked Stick Golf Course
Petitioner seeks a favorable recommendation of a rezone from S -1 /Residential to
P- 1/Parks and Recreation on 189.34± acres. The site is located west of Ditch
Road between 106 Street and 116 Street. The site is zoned S -1 /Residential.
Filed by the Department of Community Services.
Laurence Lillig appeared before the Commission representing the Department of Community
Services. This item was reviewed by the Special Study Committee and received a favorable
recommendation, with the understanding that the revised legal description provided by the
property owner would be substituted for that which was originally utilized in the petition. The
incorrect legal necessitated the re- hearing of this matter.
In order to move this item on to the Council, the Department is asking that the Plan Commission
waive its Rules of Procedure in order to consider a favorable recommendation this evening.
Members of the public were invited to speak in favor or opposition to the petition; no one
appeared and the public hearing was closed.
Dave Cremeans made formal motion to waive the Rules of Procedure, seconded by Ron Houck
and Approved 10 -0.
Dave Cremeans moved to forward Docket No. 114 -02 Z, Crooked Stick Golf Course, to City
Council with a favorable recommendation, seconded by Ron Houck. APPROVED 10 -0.
4h. Docket No. 144 -02 PDP; Clay Terrace (Preliminary Development Plan)
The applicant seeks approval of a Preliminary Development Plan. The site is
located at the southwest corner of US Highway 31 and East 146 Street.
Filed by Jeff Clayton of American Consulting, Inc. for the Lauth Property Group.
Paul Reis, attorney with Drewry, Simmons, Pitts Vornehm appeared before the Commission
representing the Lauth Property Group. Also in attendance were Jeff Clayton and David George
of American Consulting, Inc., and Mark Monroe of Paul Reis' office.
This proposal is a part of the Preliminary Development Plan process for the Clay Terrace
development at the southwest corner of S Highway 31 and 146 Street. This property was
rezoned under the PUD Ordinance by the City Council earlier this year. Under the Ordinance, it
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states that the developer must obtain a preliminary development plan approval prior to the
development of the real estate. The preliminary plan is to show proposed facilities, structures,
and provide parking information.
Due to the scope and size of this project, the preliminary development plan will act as a "road
map" for future development that may occur in phases on this project. As each phase is
finalized, in accordance with the Ordinance, the developer will file a Final Development Plan
with the Department as is called for under the Ordinance and then will file and submit
Architectural Design, Landscaping, Lighting and Signage petitions to this Commission for final
approval. The final Development Plan and ADLS petitions will be consistent with the approved,
preliminary development plan.
The preliminary development plan is in accordance with the development standards set forth in
the PUD Ordinance and consistent with the conceptual plan presented to this Commission and to
the City Council. Again, what is being shown is a preliminary Development Plan with final
details to be worked out as construction moves forward in the process. At that time, the exact
elevations of buildings will be shown as well as the landscape plan, species of plant material, etc.
For purposes of keeping each phase consistent with the other, we needed to show the preliminary
development plan that essentially starts the beginning engineering for this project.
This item was submitted to the Technical Advisory Committee for review and all issues pertinent
to this stage of development have been addressed. The first part in the continuing development
is the vacation of the plat for Walters Plaza that is on tonight's Agenda.
Members of the public were invited to speak in favor of this petition; no one appeared. Members
of the public were invited to speak in opposition to this petition and the following appeared:
Marie Albertson, 160 Ewing Court, was in favor of preserving the wooded area for wildlife
Edwin Lebanski, 303 John Street, said area residents have been misled and what they were
shown is not what is being presented. Mr. Lebanski objected to 2 -story buildings and the
location of the parking lots that will bring more traffic, increased noise, there will be a Comedy
Club with patrons in attendance until 3:00 AM—requests increased buffer distance.
Guy Riehman, 307 John Street, wife Danielle Miller and son Luke Riehman, said a 50 foot
buffer is not adequate for this project and the accompanying traffic and noise. What can the
community do to have input into how this area is developed? With 146 as an access point, that
empties a lot of traffic into the area and it is already difficult to exit John Street onto 146 For
safety reasons, Mr. Riehman would rather look at the back of a building. Mr. Riehman also
questioned the public notice procedure.
Matt Houck, 314 Thornberry Drive, concerned with traffic on 146 Street, children and
pedestrian traffic gravitating toward the Monon Trail —this is a safety issue.
John Sherran, John Street, wanted to bring the drainage issue to the attention of the
Commission. At present, there are approximately 15 acres that drain directly through the
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property to the east towards Meridian Street. There is no provision for surface drainage in
Rolling Meadows and residents are currently using culverts—no storm sewers. The water from
the 15 acres collects on either side of the street, runs south on John Street under the road,
between two houses, and stands 3 feet deep at times. Water will be held in drainage ponds —will
it hold the water from the 15 acres? Also, what pollutants will be in the water? (most of the
homes in the area are on wells) The integrity of the ground water is an issue as well as runoff
water, and berms, landscaping, etc. should not block drainage west to east.
Paul Reis said that Notice Requirements were followed according to the law. The plan presented
is in fact the plan that went through this Commission and resulted in moving the buildings closer
to the street on Rangeline Road. There were a number of residents that welcomed that. The
other developmental standards as far as the landscape buffer, etc. are set forth in the Ordinance
and were already approved. As far as the engineering issues are concerned, most everyone is
aware that extensive traffic studies were done on this property and coordinated with the City of
Carmel as well as Hamilton County, (County has jurisdiction over 146 Street) to make sure that
there was sufficient capacity, and there is. As far as drainage issues, that has already been
thoroughly reviewed by the Technical Advisory Committee members and it will be reviewed
again when the petitioner returns with the final Development Plan.
Laurencer Lillig referred to the Department Report prepared by Jon Dobosiewicz. Mention has
been made of several items that should be paid particular attention by the Plan Commission
during the Committee process. Among these are the bufferyard, the need for ADLS review, the
Rangeline Road improvements required on the opposite side of US 31, and the accurate location
of all ground signs on the preliminary development plan.
The hearing will remain open during the Committee review.
Nick Kestner questioned the Preliminary Plan as opposed to the Development Plan and wanted
to see more detail.
Laurence Lillig said the Preliminary Plan includes everything with the exception of engineering
and the final ADLS. The final ADLS will return to the Commission for review and will include
the sign plan, final landscape plan, architectural elevations, etc. Engineering plans will be taken
care of during the final Development Plan phase and will include everything from drainage to
sanitary to details of the construction of the roads, drainage of parking lots, etc.
Leo Dierckaman asked for clarification on the public notice; Laurence Lillig said there was an
original hearing on the PUD. The PUD was sent to Committee and then forwarded to the
Commission—no additional notice was required. Mr. Riehman probably did not understand that
no additional public notice was required coming out of Committee.
Paul Spranger suggested the DOCS coordinate with transportation /INDOT so that there are no
interference issues with connectivity of US 31 and 141 Street in the future and that the
boundaries and uses be studied and reported to the DOCS and eventually the sub committee.
Ron Houck suggested the petitioner organize a meeting with the affected homeowners to explain
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the scope of the preliminary development plan —what could be and should be addressed from the
applicant's standpoint to help alleviate their concerns. Perhaps a number of questions could be
answered before it goes to Committee.
Docket No. 144 -02 PDP, Clay Terrace Preliminary Development Plan, was referred to the
Subdivision Committee for further review on January 7, 2003 at 7:00 PM in the Caucus Rooms
of City Hall.
5h. Docket No. 167 -02 PV; Part of Walters Plaza Replat (Plat Vacation)
The applicant seeks approval to vacate a portion of the Replat of Part of Walter's
Plaza Replat. The site is located on the north and south sides of Walter Street
(Tract "A" and "B" of the Plat).
Filed by Michael C. Cook of Wooden McLaughlin for Metro Acquisitions,
LLC.
Mike Cook, attorney with Wooden McLaughlin, 1600 Capitol Center, Indianapolis, appeared
before the Commission representing Metro Acquisitions, a Lauth entity involved in the
development of Clay Terrace.
Walters Plaza Subdivision was re- platted in 1995 in order to deal with the front portion of the
tract that is included within the Subdivision. There are 17 lots to the west side of the Tract
accessed off the two western cul -de -sacs, currently developed in part for residential purposes.
At the time of the re -plat, the front two tracts, A B, closest to US 31 with access on the
frontage road between US 31 and the Subdivision, and has Walters Street through the center,
were both set aside for commercial purposes. On the north of Tract A and on the south of Tract
B there are currently easements for utility purposes. It is those two tracts, A B, that the
petitioner is seeking to vacate.
In light of the creation of the Clay Terrace PUD and the creation of the re- development area, the
plat vacation is believed to be in the best interest of the public and it will not constitute a
problem for the remainder of the subdivision.
Mr. Cook asked for a waiver of the Rules of Procedure in order to bring this to a vote this
evening.
Members of the public were invited to speak in support of this petition; no one appeared.
Members of the public were invited to speak in opposition to this petition; the following
appeared:
Remonstrance: Opposed:
Dan Falconie, 121 Walter Street, questioned the drainage on this proposal in view of the creek
behind his property and the proposed widening of Rangeline Road. There would have to be
some pretty big retention ponds to handle the drainage.
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DeAnn Wymer, 6 Circle Drive, Carmel, whose property backs up to site where the Carmel
Motel was located. Ms. Wymer was not sure if the proposal would affect the easement to the
rear of her property or not. This is the first time she had heard of the proposal as well as her
neighbors.
Marilyn Anderson recommended the petitioner meet with the area homeowners in order to
resolve any issues prior to Committee review.
Department Comments, Laurence Lillig. As pointed out by Jon Dobosiewicz, the proposed plat
vacation is one more step in the Clay Terrace development process. The next step in the process
is review and action by City Council to vacate the right -of -way for Walters Street. The Plan
Commission can vacate the plats for tracts A B, but the vacation of right -of -way will have to
be accomplished by the City Council. At this time, the Department is recommending suspension
of the Plan Commission's Rules of Procedure in order to approve the vacation of Tracts A B;
written findings are required.
The public hearing was then closed.
Ron Houck asked if the plat vacation is necessitated from a drainage perspective for Clay
Terrace to occur. If so, was this a part of the initial proposal from the Clay Terrace standpoint?
Mike Cook reiterated that the proposed Plat Vacation is necessitated by the re- location and
extension of Rangeline Road. Currently, detention facilities are proposed for drainage purposes.
Docket No. 167 -02 PV, Part of Walters Plaza Replat (Plat Vacation) was referred to
Subdivision Committee for further review at 7:00 PM on January 7, 2003 in the Caucus Rooms
of City Hall.
6h. Docket No. 157 -02 DP Amend /ADLS; Hamilton Crossing Building #6
The applicant seeks amended development plan and ADLS approval to construct
an office building. The site is generally located on the south side of 131st Street
between U.S. Highway 31 and Meridian Corners Blvd.
Filed by Blair D. Carmosino of Duke Realty Corporation.
Blair Carmosino of Duke Realty Corp., 600 East 96 Street, Carmel, appeared before the
Commission representing the petitioner. Alan Tucker of CSO Architects; Larry Longman,
construction manager with Duke Realty; and Steve Granner with Bose McKinney Evans, law
firm of record, were also in attendance.
The proposed office building is located at the northwest corner of the development and is the
southeast corner of the intersection of Meridian Corners Boulevard and 131 Street. The
property is approximately 10 acres and extends to US 31 frontage.
The site plan shows the layout of the proposed 5 -story, 180,000 square foot facility and the
associated parking structure. The building is oriented toward US 31; the garage is positioned to
best fit the intent of the code while still being integral to the building and the surrounding
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property.
The site geometry of this project is such that 3 variances are necessary to develop the property as
depicted. Two of the three variances deal with issues relating to the build -to line of the US 31
Overlay. The third variance is due to locating the garage on a property that has three frontages.
Further details of the variances are spelled out in the informational booklets furnished to the Plan
Commission members.
There are three building elevations submitted showing the height of the 72 -foot structure, with a
penthouse extending upward to a height not to exceed 86 feet above the 72 foot parapet wall.
The garage elevation is depicted at grade plus 2, with the top wall of the garage being
approximately 24 feet. The top parking surface is 21 feet; the stairway towers extend about 8
feet above the top wall of the garage.
The petitioner held an open house on this project for the adjoining neighbors in order to hear and
address their concerns on this project.
Alterations to the landscape plan were also shown. Essentially, the landscaping has been
"beefed up" on the west side and will be utilizing 30, 8 to 10 feet tall additional pine trees in
order to better screen the west side of the project. Other issues raised by the residents include
lighting issues, too detailed to show at this scale. There is an 8 -foot high fence that sits on the
western right -of -way line of Meridian Corners, and evergreen trees along the western property
line of the Hamilton Crossing site. The light poles and the garage are also shown. The light
source is screened from view of Meridian Corners.
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:
Remonstrance /Opposition
Brad Royce, 379 Bolin Court, president of HOA, said the preliminary plan was for a two -story
building and a flat surface garage. Current plan is now for a 5 -story building with a 3 -story
parking garage directly across the street from approximately 14 homes in the Subdivision.
Major concern is with privacy. The residents have been working with Blair regarding berm
height, landscape changes with trees, and lighting issues to lessen the impact on the
neighborhood. The neighbors request some sort of screening to deflect light and noise into the
neighborhood. Also, there is a definite issue with the amount of traffic that will be generated
from the offices.
Robert Harris, 346 Terrance Court, backs up to west side of the proposed garage. Mr. Harris is
requesting screening of garage because of the lighting and intrusion on their privacy.
Pete Weir, 338 Terrance Court, across the street from proposed garage. Mr. Weir is at issue
with the location of the 5 -story building and the garage —would like to distance the buildings
from the neighboring homes. It would have made more sense to place the 5 -story building at the
corner of the site closer to US 31 where it would not be close to residences. If building and
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garage cannot be moved, perhaps sensor lighting could be used that would not continually light
the neighborhood yards.
Blair Carmosino confirmed that they have been working with the residents and they appreciate
their consolidated comments. Duke will continue to work with the adjoining neighbors.
The public hearing was then closed.
Department Comments, Jon Dobosiewicz. In addition to written comments previously provided
to Plan Commission members, the proposed landscaping and lighting provided and submitted by
the petitioner meets the minimum Ordinance requirements. In support of placement of the
building as proposed, there is justification and warrant, and over riding circumstances such as
wanting to adhere to the Thoroughfare Plan that has been adopted by Council. The petitioner
can also offer up, as they have, additional landscape plantings with 30 additional evergreen trees
and the Department would like the opportunity to review the plan. In addition, if the parking
garage were considered a primary structure, the building would be required to "fold up" within
20 feet of the Meridian Corners right -of -way by requirement of the Zoning Ordinance, and it
would be a minimum of 26 feet tall. The proposed building is reduced in scale, not the
maximum of 26 feet, and is in great excess of 20 feet from the property line. However, because
of the requested condition and the Board action necessary to allow it to remain in front of the
principal structure, it is significant to consider requiring additional screening. In addition, the
lighting on top of the garage is a concern and the Department would be happy to meet with the
neighbors and act as a go- between.
Ron Houck commented that this will probably be the first above ground parking structure and
there is probably ample opportunity to review the structure. In the Indianapolis area, there are
good examples of parking structures and how to make them more aesthetically pleasing.
Marilyn Anderson commented that white pines tend not to do well in the Clay soil and she
encouraged the petitioner to look at alternate species of evergreen.
Docket No. 157 -02 DP Amend /ADLS, Hamilton Crossing Building #6 was referred to the
Special Study Committee for further review on January 7, 2003 at 7:00 PM in the Caucus Rooms
of City Hall.
7h. Docket No. 164 -02 Z; Riverview Medical Park (PUD)
The applicant seeks to rezone a 11.09 acres form S -I Residential to a Planned
Unit Development (PUD) District. The site is zoned S -1 (Residential).
Filed by Charles D. Frankenberger of Nelson and Frankenberger for Plum Creek
Partners, LLC.
Charlie Frakenberger, 5212 Carrington Circle, attorney, appeared before the Plan Commission
representing Plum Creek Partners, principals of which are Brian Chandler, present this evening,
aand Corby Thompson. Also in attendance was Jim Shinaver with Nelson and Frankenberger's
office.
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Plum Creek is requesting a change in zoning designation for 11 acres located on the southeast
corner of 146 Street and Hazel Dell Parkway. The request is intended to permit the
development of the 11 acres for low- intensity, Riverview Medical Care Center offices and a
single bank branch.
Jay Ebert, Vice President of Support Systems at Riverview Hospital was also in attendance this
evening.
With input and comments from the neighbors, the City Council, and the concerned citizens
group, a truly excellent and sustainable facility will be created to meet the growing needs of the
residents of Hamilton County. The real estate is rectangular in shape; there is an existing house
on the northwest corner of the property that has been abandoned. The site is located on the
southeast corner of a very prominent, signalized intersection of two, high capacity, cross county
corridors, namely Hazel Dell Parkway and 146 Street. South of 146 Street, the surrounding
real estate is residential in nature as evidenced by different subdivisions, a Church, and a School.
Over the years, this 11 acres has seen many changes. Some of the more significant changes
include the following: the construction of the Church, the construction of Hazel Dell Parkway,
the expansion and improvement of 146 Street as a high capacity, cross county corridor has
continued, and the intersection has become signalized. Part of the parcel has been taken for
right -of -way, rendering the house in the northwest corner unsuitable for residential purposes. In
addition to the aforementioned, significant changes, the expansion and development of Hazel
Dell Parkway north of 146 Street up to State Road 32 is still to come about.
As illustrated in the informational brochures, Plum Creek is proposing a low intensity, under-
stated, residential appearing development. The buildings will have predominantly residential
design components with pitched roofs. The roof pitches will vary from 4X12 for infill pitches to
12X12 for gable pitches. Uses being requested are medical uses, office uses, and a single bank
branch—no retail uses are being requested. It could persuasively be stated that the locational
attributes of the real estate would justify and call for retail; however, out of deference to public
opposition, the petitioner is not requesting retail and the PUD Ordinance does not permit retail.
Moving east/west, the site is divided into parcel 1, 3, and 3. Riverview is intending to locate on
parcel 1; consequently plans for parcel 1 are more specific at this time than are plans for parcels
2 and 3. For this reason, Plum Creek is also asking for ADLS /DP approval for parcel 1. On
parcel 1, a 15,000 square foot medical office building and a 15,500 square foot Riverview Care
Point immediate care center will be located. Riverview Hospital has not taken this project
lightly and has a true commitment to deliver quality healthcare services to Hamilton County
through its resources as a publicly owned hospital. Riverview's decision to locate here was
driven by a market analysis indicating that those who seek immediate medical care services live
in the area. Indications are also that considering the substantial number of nearby residences and
residential developments, immediate care services are in high demand.
Other than basements for storage and a 1,000 square foot mezzanine office area, all buildings
will have only one occupiable floor. The building materials will consist of standard size red
brick, larger brown brick, an accent band of off -white brick above the windows, and a green,
argyle band of accent shingles.
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At the time the petitioner returns for ADLS approval for parcels 2 and 3, the building and the site
will be fully detailed. As illustrated, the site will be heavily landscaped, there will be a retention
pond and landscaping for the east to provide buffering. There is a build -to line for parcels 1 and
2 ensuring that buildings will be situated nearer the street in order to improve the new corridor.
The change in zoning classification is supported by the Comprehensive Plan and Land Use Map
that indicates that this area is residential. The petitioner believes that the proposed, under stated
use is consistent with that designation. The controlling text of the Comprehensive Plan indicates
that this area is appropriate for neighborhood commercial and low intensity office.
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:
Remonstrance /Organized, Opposed:
Troy Martin, President of Ashton HOA, southeast corner of 146 and Hazel Dell, said this is
the third time this has been attempted for development. The City of Noblesville voted down a
plan for commercial development on the north side of 146 Street. The Ashton residents ask
that Carmel vote down the current proposal for rezone to a PUD of ground that is currently
zoned residential, for the sake of adjoining neighborhoods.
Gail King, 14710 Scarborough Lane, spoke of four and potentially five traffic bottlenecks that
significantly impact this area: 1) Grace Community Church with current membership of 7,000
and planning to grow to 15,000 with scheduled activities seven days per week; 2) Hazel Dell
Community Church on the southeast corner, currently 500 members and expanding into their
second phase; 3) Kingsley Subdivision, with traffic from Grace Community Church backs up
traffic to Hazel Dell; 4) Cherry Tree Elementary School; and 5) The proposed Pulte project,
Cherry Creek Estates, 257 homes feeding into the 25 mph school zone. There is already gridlock
without adding the potential PUD and the impact on the neighborhoods. There is also the
potential of development on the north side of 146 Street that will further add to the traffic.
Kip Zurcher, 14502 Cottswold, vice president of HOA of Ashmore Trace, said the collective
Board and Neighborhood has met and are in opposition to the proposal, particularly for any
commercial use.
John Koven, 14280 Oakbrook Court, Carmel, spoke as a member of Carmel City Council and
representative for this District saying they are opposed to this proposal.
Peter Langowski, 5322 Rippling Brook Way, Carmel, former member of Spring Creek HOA,
referred to the Department Report that mentioned appropriate distribution of commercial areas.
The neighbors would probably support a 100% residential PUD.
The public hearing will remain open on this item.
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Charlie Frankenberger commented that last evening, Brenwick Development Co. had proposed
to the Noblesville Plan Commission a 600 -acre, mixed -use development comprising single
family, multi family, a large, single family, multi -story medical complex, and a significant 40-
acre retail component. The Noblesville Plan Commission sent its Council a negative
recommendation because they were waiting for revisions to their Comprehensive Plan. The
matter is on schedule to be voted on by the Noblesville Council in January and this matter will
still be pending in Carmel. Regardless of what happens in Noblesville, the instant proposal
stands on its own merit and supported on its own merit by Carmel's Comprehensive Plan.
Department Report, Jon Dobosiewicz. The Department is recommending this item be referred to
the Subdivision Committee; reference to the Special Study Committee is in error. The
Department Report provides a good starting point for discussion for this petition. The first issue
is whether or not this corner location is appropriate for neighborhood commercial uses.
Secondly, Chapter 18 of the Carmel Ordinance references neighborhood commercial uses and its
intent to establish performance standards on which future proposals can be reviewed. Thirdly, if
we could determine that this location (or any other location) is appropriate for neighborhood
commercial, at what time do we forward the recommendation of a positive nature to the Council
for them to move forward? At other locations, specifically the site at 131 and Hazel Dell, there
are three lots on the parcel that are open for development. It is suggested that the Committee not
act in haste in determining that there is another location within this proximity to rezone for
neighborhood commercial uses. There is a good basis by which to review the plan provided.
Dave Cremeans was concerned about approving this in part, and what might be developed on the
balance of the site. Normally a PUD is looked at in total, not in parts.
Paul Spranger commented that 146 Street is looked at as a cross county corridor. If 146 Street
is allowed to become a commercial corridor, it no longer has a smooth flow of traffic because of
curb cuts and it would cease to serve its function and would become a commercial street.
Leo Dierckman questioned the ownership of Riverview Medical Park.
Charlie Frankenberger said it was his understanding that Riverview is tied to the County.
Jay Ebert, Vice President of Sports Services, said the immediate medical care is one part of the
proposal; the building directly behind it is a rehab services facility— therapy, pool, fitness
facility for rehab purposes, also to be used by persons in the area. Riverview Hospital is owned
by the County.
Docket No. 164 -02 Z, Riverview Medical Park (PUD) was referred to the Subdivision
Committee for further review on January 7, 2003 at 7:00 PM in the Caucus Rooms of City Hall.
8h. Docket No. 165 -02 PV; Carmel High School Campus (Plat Vacation)
The applicant seeks to vacate a portion Carmelwood Subdivision in order to
modify the Carmel High School Campus. The site is zoned R -2 (Residential).
Filed by Allen J. Cradler, AIA of Fanning /Howey Associates for Carmel Clay
Schools.
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Alan Cradler, architect with Fanning/Howey Associates appeared before the Commission
representing Carmel Clay Schools. The school is requesting a partial Plat Vacation for lots, 3, 4,
8, 17, and 18 in the Carmelwood Subdivision along with the property at 420 Second Street.
These six properties have been purchased by the School Corporation and the plat vacation will
allow these properties to become part of the overall high school campus.
As a part of the project and process, the School will submit a vacation request of right -of -way for
Sylvan Lane and Audubon Drive. Once the approval process is complete, the new property line
will follow the boundary of the recently purchased properties. The additional properties will
provide space to maintain separation from the adjacent residential properties. The properties will
also replace parking removed by the location of the proposed addition, allow the internal roads
on the high school to be reconfigured and provide a means to disconnect drives that currently
serve the high school from the adjacent neighborhood.
Another step in the process would be a request to dedicate public right -of -way and construct a
portion of new public road to re- connect Sylvan Lane and Audubon Drive, thereby disconnecting
the internal circulation from the high school with the adjacent neighborhood. Several public
meetings have been held with the residents in the adjacent neighborhood and one of the major
concerns was the traffic flow. A small section will be maintained to allow emergency vehicle
access onto the high school property from 4 Avenue as well as serve the residential area from
the south, the north and the west.
The vacation of the plat will allow the expansion of the Carmel High School Campus in order to
accommodate the growing school age population. The proposed Freshman Center will keep all
of the students in grades 9 through 12 on the high school campus at one location. The details of
the project (layouts, landscaping and buffers) will be presented to the Board of Zoning Appeals
potentially in January.
Members of the public were invited to speak in support of the petition; the following appeared.
Remonstrance /Support:
Tom Weigel, 12 -year resident at 132 Sylvan Lane, west and north of the High School, supports
the high school expansion and necessary plat vacation. Several benefits with the proposal, most
important of which is disconnecting Audubon Drive from 2nd Street NE resolves safety issue;
site plan as presented preserves seclusion of properties on Sylvan Lane; agrees with landscape
buffer; emergency vehicle access to Sylvan Drive. The only negative is the extended connection
to Main Street.
Remonstrance /Opposition:
Marshall Andish, 120 Sylvan Lane since 1989. High School was renovated in early 90's and
was granted some concession by the High School at that time, although some were not carried
out, including buffering. Current proposal impacts his property again, although school proposal
could be re- designed for less impact. The school has chosen not to purchase his home, and his
home will become a buffer for the school and the neighborhood.
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Sarah Simpson Taylor, 420 Second Street NE, feels as if she has let her neighborhood down
with this proposal. Ms. Taylor owned and lived in the Averill Christy house built in 1928, home
to the noted architect from Carmel. Ms. Taylor sold her home to the school and is in the process
of moving to New York, otherwise she would still be in residence. The school campus does
need to be enhanced and agreed that notice could have been more timely. The Christy home
should not be torn down! Ms. Taylor has personally found 4 persons who would like to purchase
and move the home at their expense, but the school has purchased the home and there are no
answers from the school to date. David Day, counsel for the school, said the house must be put
before the public for auction, etc., etc. Ms. Taylor is leaving the area the end of January and the
property will be vacant by the end of February. The School Corporation is ignoring the
situation.
Sandra Andish, 120 Sylvan Lane, Carmel, the closest to the road the school is proposing. The
road will come through the Taylor's heavily- wooded lot, and on the opposite side of the street
will be a parking lot for the staff consisting of 125 spaces. Carmelwood is one of Carmel's
oldest neighborhoods and should be preserved. Construction will be in her back yard. The
school will have a tremendous economic impact on them, and their home will be the buffer
between the school and their neighborhood. Mrs. Andish requested at least 100 additional feet
of green space behind their lot and the lot to the east, OR the school could just purchase their
property.
Bryan Borlick, 145 Audubon Drive, requests a larger buffer /tree area. It is most upsetting that
one of Carmel's oldest neighborhoods and the old Christy home and old trees will be destroyed
for the sake of a parking lot. Mr. Borlick said the school has been meeting in secret for two
years and he was just noticed. The proposed tree buffer will be new plantings and will take
many, many years before the trees are of sufficient height to replace what will be destroyed.
Some of the established trees should be allowed to remain.
Mike Reeding, 119 Audubon Drive, immediately north of the new school property line, said the
school has addressed traffic concerns and some others. Meetings have been held, sometimes not
with the best notice. The trees are a concern, type of fencing at property lines, buffer, water
runoff and drainage.
Note: The public hearing will remain open on this item. The BZA will review standards
for the site.
Mr. Cradler responded that a lot of the issues are details that haven't yet been reviewed and these
will be addressed at the Technical Advisory Committee. The petitioner has done an existing tree
survey and has made adjustments in the proposed plan. The School will continue to have
meetings with the Department and dialogue with the neighbors as well.
Department Comments, Jon Dobosiewicz. There is a significant importance here and that is the
distinct roles of the Plan Commission and the Board of Zoning Appeals in reviewing the Special
Use Amendment. The item specifically before the Plan Commission is the vacation of the
identified lots and the accommodation of the new roadway to provide access to the remaining
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lots. It is recommended that the Plan Commission consider the comments regarding these issues
and the public is encouraged to appear before the Board of Zoning Appeals, the correct body that
will review the standards as a part of the Special Use Approval. The public should not have the
impression that the Plan Commission is reviewing the site design as a part of Plan Commission
approval, because the review is exclusively for the vacation of several lots. While the Plan
Commission might offer recommendations to the BZA, the design issue should be left to the
BZA for discussion. The Department is recommending favorable consideration of the plat
vacation specifically.
Pat Rice spoke as the Plan Commission appointment to the BZA. At this point, to approve the
plat vacation would be to let the horse out of the barn before the BZA has heard this. The
question is, "What is morally right about purchasing a few homes and causing mental, emotional,
and physical hardship on those left and to destroy part of the heritage and the wooded area
Remember the outrage over what Kroger Co. did to the wooded area off of Rangeline? Ms. Rice
was outraged at the apparent non consideration for not only some of Carmel's senior citizens,
but to the community as a whole.
Wayne Wilson commented that there should be traffic reports or research that has been done to
support the access and traffic flow if we are going to be dumping traffic on those neighborhoods
to the west.
Leo Dierckman spoke in agreement with comments made by Pat Rice.
Paul Spranger said he had served on the School Task Force and it was a public process. Paul
Spranger encouraged the school to do it right and not just sandwich in one more addition to the
high school. If it takes more acreage to do this right, then the school should step up and
purchase houses appropriately. The high school does need to make the freshman center work
and they have tried to do it with minimal land —maybe even to the detriment in terms of safety
of the road. The architect's presentation this evening was woefully short of what is necessary for
the City of Carmel and this should be addressed more appropriately. The school is a big issue as
well as the property around it. The school has built one of the largest facilities in the nation on a
very small plat of land and we suffer the traffic and safety issues that stem from that.
Docket No. 165 -02 PV, Carmel High School Campus Plat Vacation, was referred to the
Subdivision Committee for further review on January 7, 2003 at 7:00 PM in the Caucus Rooms
of City Hall.
9h. Docket No. 166 -02 Z; Pennsylvania and 122 °d Street Northeast Corner
The applicant seeks to rezone 28.378 acres zoned R -1 (Residential) and M -3
(Manufacturing) to B -6 (Business).
The site is located at the northeast corner of 122 °d Street and Pennsylvania Road.
Filed by Blair D. Carmosino of Duke Realty Corporation.
Note: Leo Dierckman and Jerry Chomanczuk recused from discussion and vote.
Blair Carmosino, Duke Realty Corp., 600 East 96 Street, appeared before the Commission
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representing the applicant. Steve Granner, Bose McKinney Evans was also in attendance.
The petitioner is seeking approval to rezone the property from R -1 /Residential and M-
3/Manufacturing to B -6 /Business. The property fronts Pennsylvania Street and 122 Street and
all primary and secondary utilities either currently exist on the property, lie within the
immediately adjacent rights -of -way, or are readily accessible for extension to this property with
minimal disturbance to the rights -of -way.
The existing zoning to the north is "OM," to the east and south is "M -3," and to the west, across
Pennsylvania is B -8. The B -6 Zoning is sought for this property, since this classification seems
to provide the best flexibility for this property when considering the adjacent and existing uses,
and the proposed uses in the Comprehensive Plan.
Based on discussions with the Department, the Pennsylvania right -of -way and the 122 Street
right -of -way are in place and the City has planned for the improvements to these roads. With the
application, two conceptual plans have been submitted. The first plan shows a plan that is
closely compliant with the B -6 Zoning and shows a moderate office -size product being
constructed —three buildings that each has independent access. The flexibility of the B -6 Zoning
is demonstrated in the second conceptual plan that shows smaller office space of stand alone,
single tenant identity building.
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. Recommendations have been made that the petitioner
verify and secure that appropriate right -of -way has been dedicated. In addition, the City is in a
position to move forward currently on plans for the construction of up- grades to 122 Street in
addition to Old Meridian, starting at the round -about at Pennsylvania North. The City is
committed to those improvements and the petitioner is considering the means by which they will
contribute to the aesthetic up- grades contained within the approvals for the Old Meridian
Corridor as well as the segment of their frontage along 122 Street.
The majority of the property is zoned M -3 and requires Development Plan Approval. As shown
on the site diagrams, driveway cuts are off -set from other access points on the south side of the
street. The Ordinance for the B -6 Zone does not provide for Development Plan review and
approval —ADLS approval is required. The Department is also asking that the petitioner commit
to Development Plan review and approval by the Commission —this would allow for greater
determination on site layout and design that would not be afforded only under the B -6 standards
of ADLS. The Department is recommending favorable consideration by the Plan Commission to
the City Council.
Docket No. 166 -02 Z, Pennsylvania and 122 Street, Northeast Corner, was referred to the
Special Study Committee for further review on January 7, 2003 at 7:00 PM in the Caucus Rooms
of City Hall.
10h. Docket No. 162 -02 OA; 163 -02 CPA
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Amendment to the Carmel /Clay Zoning Ordinance Agricultural District
Amendment to the Carmel /Clay Comprehensive Plan Agricultural District
The petitioner seeks to add a new zoning district to the Zoning Ordinance.
Filed by the Department of Community Services.
Luci Snyder, City Council Representative, appeared before the Commission representing the
Land Use and Annexation Committee that consists of Luci, Wayne Wilson, and John Koven.
The purpose of establishing an Agricultural District would be to recognize and address the needs
of Agricultural lands and activities located in rapidly developing areas. It is the intention to
preserve and conserve agricultural land against encroachment, except there is no land zoned
agricultural.
This is a 3 -step process, and creating an Agricultural District Zone is the first step. The next step
is to go to the 13 State Representatives and 3 State Senators and ask them to attach Carmel with
the group of other communities on the Bill. This would mean that persons that are actively
farming or persons that own 5 acres and horses would be allowed to sell their parcel to someone
else who would use it in the same manner. The farm owner would not be forced to sell the
ground for development because they are annexed into the City and would have to pay City tax
rates. However, the moment the owner sells agricultural ground to someone who plats it for
development, the taxes would revert to the City rate.
The third step is to identify parcels to include in the Agricultural Zone. Property owners would
then be asked if they would like to "down- zone" their property from S -1 to Agricultural. Those
property owners who "down- zone" will have their property protected.
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. The Department is recommending this item be sent to
the Special Study Committee for further review on January 7, 2003, return to the Commission
and forward to the City Council for final determination.
Docket Nos. 162 -02 OA, 163 -02 CPA, Amendment to the Carmel /Clay Zoning Ordinance,
Agricultural District, and Amendment to the Carmel /Clay Comprehensive Plan,
Agricultural District, were referred to the Special Study Committee for further review on
January 7, 2003 at 7:00 PM in the Caucus Rooms of City Hall.
The meeting recessed for a short period. Leo Dierckman exited the meeting at this time and did
not return.
li. Docket No. 113 -02 ADLS;
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Carmel Ambulatory Surgery Endoscopy Center
The applicant seeks Architectural Design, Lighting, Landscaping Signage
approval for a medical office building. The site is located at 13421 Old Meridian
Street.
Filed by Becky Feigh of BSA Design for Carmel Physicians Surgery and
Endoscopy Center.
Bob Hicks, 12111 Castle Overlook, Carmel, attorney for Carmel Physicians Surgery appeared
before the Commission representing the applicant. Also in attendance was Becky Feigh of BSA
Design.
The petitioner has made significant changes to the architectural design pursuant to the
suggestions of the Special Study Committee. The current elevations were displayed together
with the perspective rendering street side of the Surgery Center and Office Building.
The design has been changed to add some limestone accents to the building, i.e. cornice, lentils
at the windows. The brick coloring has changed to a warmer, more traditional color. There is
less expanse of glass on the Meridian Street elevation; this has been changed to a "punched"
window exposure. The parapet wall on the second floor of the building has been raised one foot
and the screen wall at the very top has been lowered one foot—the result is to obscure the panel
from the street view. The first floor was also raised by one foot so that there was no change in
the elevation.
There is now less horizontal emphasis on the building. The glass has been changed to tinted
gray instead of reflective. The canopy at the front of the building has a more traditional gabled
appearance and the glass, skylight look was retained so that there would be no obscuring of the
second floor windows because of the position of the canopies.
At this time, the petitioner is requesting ADLS approval.
Paul Spranger reported for the Committee. The architects have done a good job of moving from
an industrial, commercial office look in an area where we are trying to create more of an old,
"Georgetown" feel. The punched windows will somewhat harmonize with the adjacent Spine
Institute building. The incorporation of limestone accents will blend well with the area. The
Committee gave a positive recommendation for this Docket.
Department Comments: Jon Dobosiewicz. The recommendation is for the Plan Commission to
approve the ADLS as revised, based upon the favorable report from the Committee.
Pat Rice moved for approval of Docket No. 113 -02 ADLS, Carmel Ambulatory Surgery
Endoscopy Center, seconded by Wayne Wilson. APPROVED 11 -0.
2i. Docket No. 149 -02 DP Amend; Providence at Old Meridian
(Development Plan Amendment)
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The applicant seeks approval of an amendment to the approved Development Plan
for Providence at Old Meridian. The site is located at the northeast corner of
West Carmel Drive and Old Meridian Avenue.
Filed by the Buckingham Companies.
David Luzenby, 210 Providence Boulevard, Carmel appeared before the Commission
representing the applicant, Buckingham Companies. Approval is being requested for an
Amendment to the Development Plan to allow townhomes rather than apartment units on Phase
II of the project located at Old Meridian and Carmel Drive.
Many steps have been taken in the design of the townhomes to ensure the same feel throughout
the community, including the apartments, orienting the building to the courtyards and streets,
screening the parking, etc., much the same as the apartments as built.
The development standards of the original PUD are not being changed —the Ordinance is not
being changed —the request is only for the site plan amendment to allow for the development of
townhomes.
The changes in the site plan result in 80 fewer units, and the density is lowered 3.53 —the total
units for the community number 430 instead of 510. There are also 180 additional parking
spaces made possible by attached garages to each townhome. There is also 3% more open space
on the new plan.
The Subdivision Committee recommended approval conditioned upon "squaring -up" two of the
buildings with Grand Boulevard. The petitioner will be working through the detail of final
engineering and review before the Technical Advisory Committee in February.
Dave Cremeans confirmed the action of the Subdivision Committee. The petitioner agreed to re-
orient the two buildings toward the street; the reduced density and owner /occupied was
accomplished and agreeable to the Committee.
Dave Cremeans moved for approval of Docket No. 149 -02 DP Amend, Providence at Old
Meridian, (Development Plan Amendment,) seconded by Paul Spranger. APPROVED 11 -0.
3i. Docket No. 151 -02 PP; The Villas at Sweet Charity Farms (Primary Plat)
The applicant seeks approval to plat a 54 -lot residential subdivision on 38.01
acres. The site is located on the south side of 141 Street 1/8 mile east of Towne
Road. The site is zoned S -1 /Residence Estate.
Filed by Rich Kelly of EMH &T for Justus Home Builders, Inc.
Chris White, consultant, appeared before the Committee representing the applicant. This project
has been re -named to Westwood Estates.
In response to comments at the public hearing, the location of the street stub has been moved to
the west, the landscape buffer has been almost doubled, and the storm drainage has been
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extended to pick up the drainage from the north onto Mr. Mrs. Crook's property. Mr. Mrs.
Crook have expressed satisfaction with the changes made.
At the Subdivision Committee, the applicant received a unanimous, favorable recommendation
subject to lighting details being provided to the Department.
Dave Cremeans confirmed the action of the Subdivision Committee. The single residence has
been incorporated into the plan and is a part of the proposed project.
Marilyn Anderson commented that the path now traverses the entire parcel and not just stop
where the adjoining lot begins.
Department Comments, Jon Dobosiewicz. The petitioner has provided the Department with the
lighting fixture. The Department is recommending that the Commission approve the proposed
Primary Plat as amended and forwarded by the Subdivision Committee.
Dave Cremeans moved for approval of Docket No. 151 -02 PP, The Villas at Sweet Charity
Farms (Primary Plat,) now known as Westwood Estates, seconded by Norma Meighen.
APPROVED 11 -0
4i. Docket No. 150 -02a OA;
Amendments to the Carmel /Clay Zoning Ordinance Patch #4:
Flood Hazard District Amendments
The petitioner seeks to make several corrective amendments to Chapter 22:
Special Flood Hazard Areas of the Zoning Ordinance in anticipation of the
adoption of new Flood Insurance Rate Maps by the Federal Emergency
Management Agency.
Filed by the Department of Community Services.
Jon Dobosiewicz appeared before the Commission representing the applicant. This item was
discussed by the Special Study Committee on December 7 Based upon the new map
provisions, it was determined this should be forwarded immediately. This item is exclusive to
the Chapter within the Ordinance and does not include all of the other text amendments that will
be discussed by the Special Study Committee before returning to the Plan Commission and
ultimately the City Council.
The Department is recommending favorable consideration and forwarding to the City Council
for final action.
Paul Spranger moved for approval of Docket No. 150 -0 -2a OA, Amendments to the
Carmel /Clay Zoning Ordinance, Patch #4, Flood Hazard District Amendments, and that it
be forwarded to the City Council with a positive recommendation, seconded by Pat Rice and
APPROVED 11 -0.
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I New Business
lj. Docket No. 163 -02 ADLS Tom Wood Volkswagen Signage
Petitioner seeks Architectural Design, Lighting, Landscaping Signage approval
to establish signage for an automobile dealership. The site is located at 3300 East
96th Street. The site is zoned B -3 (Business).
Filed by Kevin Phillips of Freeman Sign Company.
TABLED
Legal Counsel Report: John Molitor reported on the Leeper Electric property —the Judge
dismissed all of the claims unresolved against the City and the jury found the value of the
property taken by the City at this location, slightly over 4 acres, was $675,000. Procedurally, the
Plaintiffs have filed a motion with the Judge to correct errors, a precedent to filing an Appeal.
There being no further business to come before the Plan Commission, the meeting was adjourned
at 10:00 PM.
Marilyn Anderson, President
Ramona Hancock, Secretary
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