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HomeMy WebLinkAboutMinutes PC 08-17-99CARMEL /CLAY PLAN COMMISSION AUGUST 17, 1999 The regularly scheduled meeting of the Carmel/Clay Plan Commission met at approximately 7:00 PM on August 17, 1999 in the Council Chambers of City Hall, One Civic Square, Carmel, Indiana. Members present were: Marilyn Anderson; Kent Broach; David Cremeans; Leo Dierckman; Ron Houck; Kebin Kirby; Norma Meighen; Bob Modisett; James T. O'Neal, Sr.; Rick Sharp; Paul Spranger; Chris White; and Tom Yedlick. Steve Engelking, Director, Michael Hollibaugh, and Terry Jones were present representing the Department of Community Services. The minutes of the July meeting were approved as submitted. G. Reports, Announcements, and Department Concerns 1. Old Meridian Task Force Brenda Scheer of Scheer and Scheer, Consultants to the Old Meridian Task Force, delivered a short presentation on the Old Meridian District. A physical analysis was done of the area as well as a market study and general alternatives. The vision of the Old Meridian Task Force reflects a change in the development for the area to a high density, mixed use district, urban in character. In order to achieve the desired effect for Old Meridian, the City would be planning the infrastructure. The City would also be instituting some development guidelines that would probably replace the existing zoning in that area. 2. Residential Open Space Ordinance Task Force Tom Yedlick, chairman of the Residential Open Space Ordinance Task Force, rendered the following report: A statement of the vision for the Open Space Ordinance will be prepared so that there is more clarity in terms of definition. Constrained land will be dealt with in depth as far as whether or not it is calculated in open space and if so, the density formula to be used. The density bonus issue will also be looked at in relation to the Comprehensive Plan. Also, the trail and path issue will be reviewed. It is hoped that a proposed Amendment to the Residential Open Space Ordinance will be presented to the Plan Commission for review at the November 16 meeting so that it will go before City Council prior to year end. 3. Roadway Improvements Dave Cremeans reported that intersection improvements on Towne Road at 96 t1i 106 and 1 16 Streets have been omitted from the County Commissioners Budget for the year 2000. Dave reminded the panel that U.S. 421 is scheduled for major renovation s:\PlanConmiission\Minutes\1999aug in the year 2000. U.S. 421 will be virtually shut down for a period of time, and that traffic will be redirected to U.S. 31, although some traffic will go to Shelborne Road, Towne Road, Ditch Road, Springmill, maybe even Zionsville Road. Dave Cremeans asked that John Molitor draft a letter of request to the County Commissioners that can be hand carried to the Budget hearing. The letter, in effect, should state that the intersection improvements planned for the year 2000 be re- implemented into the Budget to alleviate anticipated traffic congestion. Rick Sharp referred to a previous Plan Commission meeting in which a County Commissioner stated that the County was moving to address the traffic problems in western Clay Township, specifically referring to the deliberations over the Village of WestClay. In relation to the amount of money that comes out of western Clay, the roadways are grossly inadequate. Rick Sharp quoted from a recent newspaper article that "All of Clay Township will probably be consolidated with Carmel, so Dillinger said the County should focus on roads that still will be County owned in five years." Rick Sharp called on Kevin Kirby and the City Council to also send a strong, united message to the County Commissioners. We need to find some way to get these public officials to face up to their duty to all of the citizens of this County, and particularly to give back something to a portion of a township that has given up so much for so long. Kevin Kirby suggested that there was a relatively simple solution in that the roadway improvements in western Clay Township need to be combined into a COIT Bond that can be assumable by any government entity that takes over an area. Kevin agreed that the roadway improvements need to be done right away and not wait until 2002 and 2003 as mentioned in the newspaper article. Kevin stated that the City Council would be more than willing to assume the COIT Bonds on construction projects in an area that the City will take over -the Council needs to ask if this could be considered. Jim O'Neal agreed with comments made by Rick Sharp and Kevin Kirby. Jim O'Neal stated that the request for stop signs, speed signs, and roadway improvements had been going on since 1956. Jim O'Neal was in support of previous comments. John Molitor commented about traffic impact fees as a part of the solution; however, there is the obstacle in State law that an Impact Fee Program would have to be adopted by the County Commissioners and approved by the Carmel Plan Commission and City Council. This will be pursued, however. Rick Sharp made a formal motion that the Plan Commission president be designated to carry the previous message and comments, with the full support of the Plan Commission, to the County Council Budget Hearing, seconded by Jim O'Neal, APPROVED UNANIMOUSLY. 4. Rick Sharp reported that the Special Study Committee had discussed the Max Erma's Restaurant at length. Docket No. 57 -99 DP /ADLS, Development Plan and Architectural Design, Landscaping, Lighting, and Signage application for Max s:\PlanConmiission\Minutes\1999aug 2 Erma's Restaurants, Inc. was TABLED until the September Committee to allow the Board of Zoning Appeals to rule on requested variances. John Molitor confirmed that the State Legislature passed a law in 1995 that if the Ordinance so provides, would allow the Plan Commission to waive certain development standards in a Development Plan approval. This would have to be done by changing the Overlay Zone Ordinance. John Molitor cautioned the Plan Commission that the right to approve variances cannot be taken away from the BZA, however, you can change the zoning ordinance or overlay zone ordinance in such a manner that the Commission could grant waivers of certain standards within the parameters established in the ordinance. Those changes would need to be done as provided under the Ordinance, not the Rules of Procedure. The amendments would have to come before the Plan Commission for public hearing and eventually the City Council for adoption. Steve Engelking agreed to facilitate this request. 5. Kevin Kirby reported that the Council is investigating alternatives to the overhead projector and up- grading the sound system in the Council Chambers. H. Public Hearings: lh. Commission to consider Docket No. 63 -99 DP /ADLS., Development Plan and Architectural Design, Landscaping, Lighting, and Signage application for Duke Realty Limited Partnership. The petitioner seeks approval to construct an 86,435 square foot office building on 4.36 acres known as Seven Parkwood. The site is located at 280 East 96 Street. The site is zoned B -6 /Business. Filed by Blair Carmosino of Duke Realty Limited Partnership. Philip Nicely, attorney, 8888 Keystone Crossing, Indianapolis appeared before the Commission representing the applicant, Duke -Weeks Limited Partnership, Developer of Parkwood Crossing. Also in attendance was CSO Architects who, jointly, have formed a partnership with Duke -Weeks known as Duke Hawks, LLC to develop and build the last building in Parkwood to be known as Parkwood Seven; CSO will be a major tenant in this building. The request before the Commission is for Development Plan and ADLS approval for the construction of the final building to be an 86,435 square feet, 3 story building. Blair Carmosino and Steve Granner of Duke Realty were in attendance as well as Kevin Foster and Allan Tucker of CSO Architects. The property is in the final stage of completion, this being the last building to be constructed. The exterior is pre -cast concrete and tinted glass, and architecturally compatible with the existing buildings in Parkwood. Signage is the logo and letter for CSO, total square footage is less than permitted under the ordinance, however the logo is more than 25% of the size of the sign and a variance is s:\PlanConmiission\Minutes\1999aug being requested. There are two other variances being requested. The 60 foot setback rule and 21 fewer parking spaces are being requested for variance. The required parking is 288 spaces, 267 are being provided in order to preserve the trees on the east side of the property. The lighting will match the existing which is a shoebox, down lighting. The height of any fixture is to be no more than 30 feet as set forth in the commitments. There will also be ground- mounted lighting reflecting onto the buildings. Members of the public were invited to speak in favor or opposition to the proposed development; no one appeared. Terry Jones commented on behalf of the Department. The reason for the variance requested is that the logo is larger than 25% of the entire allowable sign area. The public hearing was then closed. Tom Yedlick questioned the limited amount of parking at the front of the building and whether or not it was consistent with the overall design. Mr. Nicely responded that the design of the building is consistent with the overall design of the development -there is also parking on the perimeter. In response to questions from Leo Dierckman, Kevin Foster of CSO Architects explained that in order to buffer visibility from 465, it was important to preserve as many trees as possible. The signage is stainless steel, backlit. Bob Modisett moved for the suspension of the rules. UNANIMOUSLY APPROVED. Kevin Kirby moved for the approval of Docket No. 63 -99 DP /ADLS, Seven Parkwood. APPROVED 12 in favor, none opposed, Rick Sharp abstaining. 2h. Commission to consider Docket No. 67 -99 O.A., Ordinance Amendments making technical amendments and other corrective changes to the Carmel /Clay Zoning Ordinance, the Carmel /Clay Subdivision Control Regulations and the Carmel/Clay Floodplain Ordinance. Filed by the City of Carmel Department of Law. John Molitor requested that this item be moved to the end of the Agenda so that the petitioner's business could go before. Dave Cremeans invited members of the public were invited to speak in favor of or opposition to this Docket. No one appeared and the public hearing was closed. This item will be heard last on the Agenda. s:\PlanConmiission\Minutes\1999aug 4 I. Old Business: Ii. Commission to consider Docket No. 84 -98 C.P.A., proposed amendments to the Carmel/Clay Comprehensive Plan, Specifically Chapter 6, the Thoroughfare Plan. Filed by the Plan Commission. TABLED BY THE COMMITTEE TO SEPTEMBER 2i. Commission to consider Docket No. 14 -99 Z, a rezone application for Duke Realty Investments. TABLED BY THE PETITIONER TO SEPTEMBER NOTE: Items 3i. and 4i. were heard together and voted on separately. 3i. Commission to consider Docket No. 24 -99 DP /ADLS., Development Plan and Architectural Design, Landscaping, Lighting, and Signage applications for BK Partners. The petitioner seeks approval to construct a 5,000 square foot retail complex on 1.5 acres known as the Carmel Convenience Center. The site is zoned B -2 /Business and is located within the Michigan Road (US 421) Overlay Zone. (Petitioner will also be appearing before the Board of Zoning Appeals for consideration of three Developmental Standards Variances.) Filed by Jamie Poczekay of American Consulting Engineers. 4i. Commission to consider Docket No. 25 -99 PP /SP, a replat application for BK Partners. The petitioner seeks approval to replat 2 lots into 1 lot on 1.5 acres known as lots 8 and 9 of the North Augusta Subdivision. The site is located at the northeast corner of Michigan Road and 97 Street. The site is zoned B- 2 /Business and is located within the Michigan Road (US 421) Overlay Zone. Filed by Jamie Poczekay of American Consulting Engineers. Kevin McKasson, 9864 Summer Lakes Drive, Indianapolis, appeared before the Commission representing the petitioner. The development is located at the northeast corner of 97 Street and Michigan Road. There have been significant changes made in the original development plan so that it complies with and is consistent with the Overlay provisions for Michigan Road. The project was originally submitted as one building -it is now two buildings consisting of a restaurant and a convenience store /gas station combination. Mr. McKasson stated that the proposed plan meets all requirements of the Overlay Zone, including architecture in a Georgian style, and the landscaping plan. The petitioner has met with the Special Study Committee a number of times and worked with the Committee to refine the development. s:\PlanConmiission\Minutes\1999aug Rick Sharp confirmed that the Special Study Committee had indeed worked with Mr. McKasson. The height of the gasoline canopy is limited to three feet. Speaking for the committee, the proposed development was approved unanimously. In response to Ron Houck's questions, Mr. McKasson went over the sign package; no variances are being requested and the final sign will be submitted to the Department Director for approval. In response to questions from Marilyn Anderson, Jamie Poczekay commented that the entrance drive is wider to accommodate truck traffic. It is a right in/right -out only onto Michigan Road and does accommodate fuel trucks. Rick Sharp moved for the approval of Docket No. 24 -99 DP /ADLS, BK Partners. APPROVED 13 -0. Rick Sharp moved for the approval of Docket No. 25 -99 PP /SP, a replat application for BK Partners. APPROVED 13 -0. 5i. Commission to consider Docket No. 44 -99 PP., a primary plat application for SCM Development. The petitioner seeks approval to plat 107 lots on 49 acres known as Brookstone Park of Carmel Subdivision. The site is located on the southeast corner of Ditch Road and 146 Street. The site is zoned S- 1 /Residence. Filed by Bruce Fagan of SCM Development. Jim Nelson, 3663 Brumley Way, Carmel, appeared before the Commission representing the applicant. Mr. Nelson corrected the Agenda to reflect that approval is being requested to plat 100 lots on 49 acres rather than 107 lots on 49 acres. SCM presented the primary plat under the Open Space Ordinance for Brookstone Park. The matter was referred to the Subdivision Committee who reviewed the primary plat on July 6 th and August 3 Throughout the review process, changes were made to the plat pursuant to the Committee's suggestions. The changes resulted in a favorable recommendation from the Subdivision Committee on August 3 rd Those changes made to the plans, particularly the revised primary plat, included a commitment as to the landscaping and roadway improvements as well as other information regarding the types of homes as represented by perspectives. Tom Yedlick confirmed that the Subdivision Committee did approve the primary plat with appropriate changes. Norma Meighen moved for the approval of Docket No. 44 -99 PP for SCM Development, Brookstone Park of Carmel. APPROVED 12 in favor, Rick Sharp opposed. s:\PlanConmiission\Minutes\1999aug NOTE: Items 6i. and 7i. were heard together and voted on separately. 6i. Commission to consider Docket No. 45 -99 Z, a rezone application for the Buckingham Companies. The petitioner seeks approval for a rezone of 28 acres from R -I /Residence and R -3 /Residence to Planned Unit Development (PUD). The site is located at the northeast corner of Carmel Drive and Old Meridian Street. Filed by Lynette Williams of the Buckingham Companies. 7i. Commission to consider Docket No. 46 -99 PV., a Plat Vacation application for the Buckingham Companies. Petitioner seeks approval to vacate the plat for lot 13 of Franke's Subdivision. The site is located o the east side of Old Meridian Street, north of Carmel Drive. Filed by Lynette Williams of the Buckingham Companies. Zeff Weiss, attorney, 3400 One American Square, Indianapolis, appeared before the Commission representing the petitioner. Also in attendance were Brad Chambers and Lynnette Williams of the Buckingham Companies. Mr. Weiss reported that a detailed PUD Ordinance had been crafted that reflects commerical along the Old Meridian Corridor; Providence Boulevard, the main corridor, will be retail over commercial. The secondary area to the rear of the development will be residential. Buckingham is a relatively dense community, up to 511 units within the District, and believed to be appropriate for the area consistent with the concept of the Old Meridian corridor. The petitioner is requesting approval of the PUD Ordinance as well as the plat vacation. The petitioner has worked closely with the Special Study Committee in addressing the internal roadways, the sign package, building materials, density, and the commercial orientation. The petitioner believes that the product will be well- received by the community and reflective of the Old Meridian Task Force's recommendations as proposed by Scheer and Scheer. Rick Sharp, Chairman of the Special Study Committee, commended the petitioner in complying with an ordinance that is, as yet, not drafted. The Committee voted unanimously to recommend the PUD for approval to the full Plan Commission. Tom Yedlick commented on the density of the development as compared to the Development Plan. Zeff Weiss explained that there could be a change in the mix of the units without changing the size of the building. As long as the development stays within the 18 units per acre for the total district, it is consistent with the proposal. Ron Houck questioned the proposed signage with the current Sign Ordinance. Kevin Kirby responded that it does not mesh and the Committee was well aware of that. The Committee spent a lot of time looking at the sign package. The fact that the development is a PUD means the Sign Ordinance does not really apply. The proposed development is s:\PlanConmiission\Minutes\1999aug agreeable with the Special Study Committee and the Old Meridian Task Force. The area is not served well by the existing Sign Ordinance. Ron Houck was concerned about the Plan Commission not having ADLS review. Rick Sharp commented that with the PUD, every aspect was looked at in great detail: materials, colors, signage, etc. If the petitioner were to vary the plan, it would require an amendment to the PUD and return to the Plan Commission the review process is built into the Ordinance. Ron Houck questioned proposed right -of -way and a metal fence. Zeff Weiss explained that if the road is not constructed, a fence will be built to separate Odom Woods from the Buckingham development. Kevin Kirby moved for the approval of Docket No. 45 -99 Z, a rezone application for the Buckingham Companies. APPROVED 13 -0. Kevin Kirby moved for the approval of Docket No. 46 -99 P.V., Plat Vacation application for the Buckingham Companies. APPROVED 12 in favor, Rick Sharp opposed. 8i. Commission to consider Docket No. 56 -99 DP /ADLS, Development Plan and Architectural Design, Landscaping, Lighting, and Signage application for REI Investments. The petitioner seeks approval to construct a 261,577 square foot office building on a total of 13,534 acres known as Meridian Pointe Office Park. The site is located at the southwest corner of 106 Street and Meridian Street. The site is zoned B -6 /Business and is located within the U.S. 31 Overlay Zone. Filed by Axis Architecture Plus Interiors. NOTE: Due to a conflict of interest, Bob Modisett recused himself from discussion and voting on Docket No. 56 -99 DP /ADLS. Rick Sharp, Chairman of the Special Study Committee, reported that this Docket had been referred to the Committee with a specific charge. At the time of the meeting, the charge had not yet been fulfilled. HNTB had not yet provided the traffic analysis that had been requested. The matter was then referred to the Executive Committee. Rick Sharp moved to discharge this Docket from the Executive Committee and refer to the full Plan Commission for August 17 business. Further explanation: An analysis was to be made to determine whether or not the assumptions made in the 1991 traffic study were valid today. Docket No. 56 -99 DP /ADLS was unanimously APPROVED TO BE HEARD this evening. There was discussion on the 14NTB study provided which reflects fewer trip generations today as opposed to the 1991 study. The build out of this development will result in a better traffic picture than originally anticipated. s:\PlanConmiission\Minutes\1999aug Ron Houck asked if land banking were a possibility. Julie Hall, REI Investments, 11711 North Pennsylvania Street, Carmel, appeared before the Committee along with Jim Peck of Schneider Engineering. The parking requirements are 3.3 spaces per 1,000 square feet; the petitioner has designed 4.6 spaces per 1,000 square feet. Land banking is not an option. The parking garage is being built in direct response to incentives laid out in the ordinance in order to maximize these kinds of situations. This particular site is within 10,000 square of what was initially contemplated in 1991. Rick Sharp moved for the approval of Docket No. 56 -99 DP /ADLS, for REI Investments, Meridian Pointe Office Park. APPROVED 11 in favor, Rock Houck opposed. 9i. Commission to consider Docket No. 57 -99 DP /ADLS, Max Erma's Restaurants, Inc. TABLED AT COMMITTEE J. New Business Ij. Commission to consider Docket No. 68 -99 ADLS., Architectural Design, Landscaping, Lighting, and Signage application for Michigan Road Partners, LLC. The petitioner seeks approval to construct an integrated development sign for Bennett Technology Park and Bennett Farms Apartments. The site is located at the southeast corner of Michigan Road and Monroe Parkway, at approximately 11200 Michigan Road. The site is zoned 13-3 /13usiness and is located within the U.S. 421 Overlay Zone. Filed by Lynnette Williams of Michigan Road Partners, LLC. Tim Oachs, attorney, Ice, Miller, Donadio Ryan, One American Square, Indianapolis, appeared before the Commission representing the applicant. The proposed sign is a single structure containing two signs for which a variance was obtained at the July BZA meeting. The signs will advertise for the apartment community as well as the Technology Park located adjacent to the apartments. The sign is approximately 7.5 feet tall at its highest point, held by two monuments and constructed of brick and capped with stone at the top. The face will be made of "fine stone Landscaping proposed consists of various types of evergreen trees, including small junipers directly in front of the signage with limited growth height of 18 inches, and significant annuals. Soft, tube lighting will be integrated in the juniper bushes, shielded on all sides except as it faces the sign. The Department reported that the BZA had voted favorable on the variances and the DOCS is recommending approval. s:\PlanConmiission\Minutes\1999aug 9 Tom Yedlick gave a brief rundown of the BZA meeting at which the variances were granted for the dimensions of the sign. John Molitor commented that the BZA had ruled on the legality of the sign -the Plan Commission's job is to determine the appearance of the sign and work on any aesthetic concerns. Tom Yedlick moved for the approval of Docket No. 68 -99 ADLS for Bennett Technology Park and Bennett Farms Apartments. APPROVED 10 -0. Re- ordered Agenda Item: 2h. Commission to consider Docket No. 67 -99 OA, Ordinance Amendments making technical amendments and other corrective changes to the Carmel /Clay Zoning Ordinance, the Carmel /Clay Subdivision Control Regulations and the Carmel/Clay Floodplain Ordinance. Filed by the City of Carmel Department of Law. John Molitor, counsel, 11711 North Meridian Street, Carmel, appeared before the Commission representing the applicant. The proposed Ordinance Amendments are a conglomeration of several items that need to be up- dated, cleaned -up and scrivener errors corrected. President Cremeans re- opened the public hearing. Currently, there is a provision in place that requires sidewalks. As a matter of practice, where there are subdivisions that border on roads classified as collectors, parkways, secondary arterials, or primary arterials, the City has been asking the developer to install 8 foot, multi purpose, asphalt paths rather than sidewalks. In general, everyone has been cooperative in complying, but the Ordinances do not reflect the existing practice. There is no substantive change in the Subdivision Control Ordinance, only a change in the definition as it applies to publication of notice. There is a substantive change, although minor, in the definition of a Subdivision. A Subdivision constitutes at least three lots, more than two of which are five acres in size, and review is required. Items D through J were referred to the City at the request of the Department of Natural Resources as an official request to update Carmel's Zoning Ordinance in respect to the floodplain regulations so that Carmel would conform to the State Statute and administrative rules in regard to the floodplains. Item K is a clarification for the U.S.31 Overlay Zone. Any uses listed in the B -8 District will be considered retail uses. s:\PlanConmiission\Minutes\1999aug 10 Item L. was an oversight -the original ROSO was never repealed and should have been when the Amendment was approved. Item M. simply states that if anything else was not repealed that should have been, that item is superseded. Members of the public were invited to speak in favor or opposition; no one appeared and the public hearing was closed. Rick Sharp moved to suspend the rules in order to consider Docket No. 67 -99 O.A. Unanimously Approved. Rick Sharp moved for the approval of Docket No. 67 -99 OA. APPROVED 10 -1. Terry Jones referred to a Traffic Impact Resolution Guideline which was distributed to each member this evening. The Guideline was approved by the Plan Commission in 1992 and spells out direction or rules for when a Traffic Operations Analysis is required, and /or a Traffic Impact Study required. Dave Cremeans invited members to attend the County Council Budget Hearing next Tuesday at 1:30. Mike Hollibaugh announced that the Chairman of the Old Meridian Task Force is arranging a field trip and is extending an invitation to the members of the Plan Commission to travel to Columbus, Worthington, and Dublin, Ohio. Also, the Easton Town Village project will be looked at to view the Town Center/Mixed Use portion. The dates will likely be the 4 th and 5 of October. More details later. There being no further business to come before the Board, he meeting was adjourned at 10:00 PM. David A. Cremeans, President Ramona Hancock, Secretary s:\PlanConmiission\Minutes\1999aug 11