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HomeMy WebLinkAboutMinutes PC 12-21-99CARMEL /CLAY PLAN COMMISSION DECEMBER 21, 1999 The regularly scheduled meeting of the Carmel/Clay Plan Commission met at 7:00 PM on December 21, 1999 in the Council Chambers of City Hall, Carmel, Indiana. Members present were: Marilyn Anderson; Kent Broach; David A. Cremeans; Leo Dierckman; Madeline Fitzgerald; Ron Houck; Kevin Kirby; Norma Meighen; Jim O'Neal; Pat Rice; Rick Sharp; Paul Spranger; and Tom Yedlick. Laurence Lillig and Terry Jones were present representing the Department of Community Services. The minutes of the previous meeting were approved as submitted. G. Reports, Announcements, Department Concerns lg. Laurence Lillig reported that Items 2h., 3i., and lj. were TABLED for this evening's meeting. 2g. John Molitor answered questions regarding the proposed amendments to the Rules of Procedure. Rick Sharp moved for the adoption of the Rules of Procedure. UNANIMOUSLY APPROVED 13 -0. 3g. Ron Houck had expressed some concerns with hearing the U.S. 31 Overlay Zone Amendments this evening and the possibility that it may be rather lengthy. Dave Cremeans stated that this item would be heard last and would be monitored as to the lateness of the hour. H. Public Hearing: lh. Docket No. 95 -99 DP Amend /ADLS Amend, Development Plan Amendment and Architectural Design, Lighting Signage Amendment applications for Thomson Consumer Electronics. The petitioner seeks approval to construct a back -up generator on 0.1 acres. The site is located at 10330 North Meridian Street. The site is zoned B -6 /Business and is located within the U.S. 31 Overlay Zone. Filed by Robert Doster of CSO Engineers. Charlie Frankenberger, attorney with Nelson and Frankenberger, 3021 East 98 Street, Indianapolis, appeared before the Commission representing Thomson Consumer Electronics in connection with its request for approvals necessary to install a standby generator at its Administration Building, 10330 North Meridian Street. A standby generator is imperative for Thomson Consumer Electronics for a number of reasons. The Data Center for Thomson is the national and international hub for s:AMinutes\P1anCormnission \pc 1999dec Thomson's entire communications network. The loss of the Data Center for even a short period of time would mean the loss of essential processes for operations, filling, servicing, and manufacturing. A loss for even a brief period of time could mean substantial economic loss to Thomson. The existing electrical source, from time to time, will fail. To address this, Cinergy presently has an alternate electrical source, however, this alternate electrical source is being consumed and depleted by the ever increasing demands on the Meridian corridor. The alternate generator will provide a safe guard or standby source. The standby generator will be recessed to the point permitted by the water table, partially covered by earth mounding, and surrounded by trees and an existing row of hedges. Thomson has agreed with one of its neighbors, Lilly Industries, to screen and /or buffer with a row of evergreens along the western side of the building. Mr. Frankenberger displayed the four elevations of the standby generator on the overhead projector. The generator is 16 feet high, 2 feet of which are below grade, and 14 feet of which are above grade; two thirds of the 14 feet will be covered by the earth mounding. The building will be 24 feet in width and 43 feet in length. The building will be green to match the existing architectural pre -cast of the Administration building. Thomson has incorporated mufflers in the design of the building and in the vents to reduce the sound. The standby generator is felt to be essential in view of the depletion of the existing, alternate power source. Members of the public were invited to speak in favor or opposition; no one appeared and the public hearing was closed. Dave Cremeans reported that Madeline Fitzgerald is abstaining from voting due to a conflict of interest. Laurence Lillig reported that the Department is recommending approval of this petition. Any vote this evening will require a suspension of the Rules of Procedure. In response to Ron Houck's questions, a representative from Thomson Consumer Electronics stated that the existing power source is another underground feeder with a high voltage switch. There is sensing equipment in place that senses when the primary feeder fails. As of March 1 the power source will not be the same capacity that it has been in the past, and it will not meet the needs of the Data Center in terms of its load capacity. Charlie Frankenberger stated that there is no room inside the existing building to construct the generator; the weight of the generator also precludes its installation on top of the existing building. The "purple leaf winter creeper" landscaping is a year 'round cover. s:A Minutes \P1anCormnission \pc1999dec 2 Paul Spranger added that additional landscaping in the form of evergreens would be desirable, since this is in the sight -line of the US 31 corridor. Kevin Kirby moved for the suspension of the rules. APPROVED 12 -0. Ron Houck moved for the approval of Docket No. 95 -99 DP Amend /ADLS Amend, Thomson Consumer Electronics, contingent upon additional landscaping pursuant to Paul Spranger's request. APPROVED 11 in favor, 1 abstaining (Madeline Fitzgerald) None opposed. 2h. Docket No. 96 -99 DP /ADLS, Development Plan and Architectural Design, Lighting Signage applications for Meijer, Inc. TABLED at the petitioner's request 3h. Docket No. 98 -00 Z, Rezone application for Kite Real Estate, Inc. The petitioner seeks approval of a rezone to PUD /Planned Unit Development in order to construct two retail buildings on 37.076 acres. The site is located southeast of East 146 Street and U.S. 31. The site is zoned B -2 /Business, R -1 /Residential, and R -4 /Residential within the U.S. 31 Overlay Zone. Filed by Paul G. Reis of The Reis Law Firm. Paul Reis, attorney, 5013 Buckeye Court, Carmel, appeared before the Commission representing Kite, Greyhound LLC for the proposed development as heretofore described. Also present were Paul Kite of Kite Development, Mark Monroe, land use planner with The Reis Law Firm, and Steve Fehribach, traffic engineer of A &F Engineering. Paul Reis stated that there are extensive roadway improvements for the proposed project. The site is west of Danbury Estates, south of Village Park Shopping Mall, and east of U.S. 31. The current zoning for the site is B -2 /Business with a small, one acre, section that is R -4 /Residential, and the balance of 12 acres is zoned R -1 /Residential. The site presents a unique circumstance. The retail uses permitted under B -2 and the Keystone Overlay Zone are restricted by the U.S. 31 Overlay Zone Ordinance. In order to address this situation and permit the development of retail use on this site, the petitioner is requesting a rezone of the site to a PUD District. A Planned Unit Development Ordinance has been prepared and submitted. The PUD contains standards of development that are consistent with those found in the current U.S. 31 Overlay Zone Ordinance. The proposed PUD Ordinance includes those permitted uses that are found in the current Ordinance and excludes those uses that are currently excluded within the U.S. 31 corridor. The proposed Ordinance will allow retail uses within the site with the limitations based upon square footage with allowable parking and setback requirements that are consistent with the Overlay Zone. s:AMinutes\P1anCormnission \pc 1999dec 3 The site has been prepared consistent with the INDOT plans for the improvement of U.S. 31 and State Road 431, the petitioner has not included economic hardship provisions that are found in the Overlay Ordinance. It is anticipated that in this process, ADLS approval requirements will be met as well. The provisions of the Overlay Ordinance that are more specific for sites primarily south of 131 Street that refer to Pennsylvania and Illinois Streets have been excluded from the proposed PUD Ordinance. The petitioner has designed the buildings to be attractive and consistent with the overall corporate image that the community is looking for in the U.S. 31 corridor. In particular, the height of the buildings, the building facade treatment, extensive landscaping, building location setback, and parking area design have been taken into consideration so as to project a corporate office image rather than a traditional retail appearance. The important component of the project is the appearance of two stories so that it looks more corporate in nature. The design also breaks up what is normally seen on the backs of buildings as a large expanse of brick; the attempt it to make it look more like an office building. The building trim materials on the Lowe's building will be blue. The petitioner will return to the Plan Commission with a full sign package. There will be no outside storage at this site. Lumber will be picked up at an area to the front of the store on a drive -thru basis -there will not be a gate system with cars and trucks entering and exiting. The design of the parapet wall is to shield the HVAC equipment on the top of the building from view. The ultimate user for the second building proposed for the southern part of the site has not yet been determined. However, the petitioner is prepared to commit to the corporate appearance of the building and the types of material to be used in order to maintain the image of the Lowe's building. The landscape plan provides for plantings consistent with the Ordinance, along the south, east and west sides as well as the two ponds, and landscaping within the parking lot. There is also a row of trees for buffering. The lighting plan has been prepared so that lighting will not be spilling over into the residential area. The State's plans provide for an off -ramp from Keystone north to 146 Street and a proposed on -ramp that curls around a goes south onto U.S. 31. There is a phase III which is a possible fly -over over the Shurgard facility and would link with the on -ramp. The proposed project basically fulfills all of the requirements for INDOT to construct and maintain the ramps and yet allow the property to be developed for the intended retail use. The petitioner has met twice with residents of the Danbury Estates Subdivision and continues to have on -going discussions. The petitioner is exploring the establishment of a landscape buffer between the residential subdivision and the proposed development in order to shield the neighborhood from traffic noise as well as the sight of the traffic. The retention pond will be re- designed as a part of the proposed development. The drainage issues are also being discussed with the residents of Danbury. s:AMinutes\P1anCormnission \pc 1999dec 4 The petitioner has been in discussions with neighbors Faust and Fenstermacher, to discuss the possibility of some type of earthen mounds and plantings to shield the noise and visual sight. Cook Creek runs through this area and there are some DNR and INDOT considerations as far as how to construct the mounds along the off -ramp. It is not known what the future plans of 151 Street and Greyhound Pass are. Steve Fehribach of A &F Engineering, 5160 East 65 Street, Indianapolis, appeared before the Commission and reported that a traffic study of the site had been done in conjunction with the INDOT. The ramp system would work and the petitioner would be accessing the ramp system with their main driveway that would be signalized. A &F Engineering has also looked at the intersection of 146 Street and the ramp, and has found that the system would work acceptably. Dave Cremeans invited members of the public to speak in favor of the proposed development; no one appeared. Members of the public were invited to speak in opposition to the proposed development; the following appeared. George Loperand, homeowner in Danbury Estates, stated he was not totally against the development and thought it was a good idea for the developer. However, Mr. Loperand's home in the Danbury subdivision is located exactly where the off -ramp will be routed. Mr. Loperand stated that he is scheduled to meet with the developer and will be discussing how the project affects him. Norma Sampson, 14485 Dublin Estates Drive, stated that the property owners have had approximately one week notice and adequate time was not given to prepare any sort of response for or against the development. Ron Carter, 1311 Ridge Road, Carmel, also a member of City Carmel, appeared before the Commission to speak in opposition to the proposed development. Mr. Carter stated that he had met with Kite Development and looked at the plans for the project. Ron Carter stated that at that time, he was very much opposed to the project and would vote against it at the Council level. Mr. Carter again stated that he still feels the same way and would vote against the project if given the opportunity. Mr. Carter was hopeful that the Commission would not approve the development. Mr. Carter stated that he was opposed to any "big box" retailer in the Carmel Meridian corridor and would vote against this development. Mr. Carter was opposed to outside sales /storage because of the enforceability factor. The Overlay Zone is in place for a reason -to avoid what has made many parts of Indianapolis so ugly. Mr. Carter felt that there was simply no need to allow the retail clutter to move south of 146 Street and Mr. Carter again urged the Commission to reject the proposal. Emily Miller, 14481 Dublin Drive, Danbury Estates, offered her personal opinion. Ms. Miller was really bothered about the hours of retail and the accompanying noise even with a landscape buffer in place, and the increased traffic in the area due to the off ramp. s:A Minutes \P1anCormnission \pc1999dec Paul Reis stated that the petitioner is working very hard to make the development anything but an extension of retail clutter from Westfield. The site is viewed as a land use issue, hence the PUD Ordinance. The petitioner is very sensitive to the issues brought forth by Mr. Carter. The petitioner is hopeful that the development will be a project that will enhance the community and that the community will be proud of it; the petitioner is continuing to work with the people in Danbury Estates. The petitioner is trying to enhance the on/off ramp and add features that the State would not normally add. Laurence Lillig reported the Department's recommendation that this proceed to the Special Study Committee that will meet January 4 The Department also recommends that the public hearing remain open through the January 18 meeting. Paul Spranger reported that the U.S. 31 Task Force had seen the proposed project but had not had sufficient time to discuss the merits of the development. It is hoped that the Task Force will meet prior to the January meeting and will be in a position to render a report. Jim O'Neal asked that anyone having input please contact the U.S. 31 Task Force members. Ron Houck asked that the Special Study Committee address traffic levels of service. Ron was concerned about the use of the PUD and possible conflicts with the U.S. 31 Overlay. Rick Sharp noted that outside storage was a special concern. Rick recommended that the petitioner be prepared with a plan for storage -to totally enclose any display area. The petitioner should be prepared to commit in writing to a heavy fine for outside displays. Cart corrals are not desirable and this should be addressed. Docket No. 98 -99 Z for Kite Real Estate, Inc. was referred to the Special Study Committee that will meet January 4, at 7:00 PM in the Caucus Rooms of City Hall. Old Business: 2i. Docket No. 85 -99 PP, a Primary Plat application for Westchase LLC. The petitioner seeks approval to construct a 13 lot subdivision on 16.54 acres located southeast of West 146 Street and Ditch Road to be known as Westchase. The site is zoned S -1 /Residential and is being developed as a Non Qualifying Subdivision under the Residential Open Space Ordinance. Filed by Jerry Corbier of Corbier Traditions, Inc. Jim Nelson of Nelson Frankenberger, 3021 East 98 Street, Indianapolis, appeared before the Commission representing the applicant. Tom Yedlick reported that the Subdivision Committee had reviewed this item in December and there are no issues outstanding. The Committee recommends approval. s:A Minutes \P1anCormnission \pc1999dec Leo Dierckman moved for the approval of Docket No. 85 -99 PP, Westchase LLC. APPROVED 13 -0. 3i. Docket No. 87 -99 Z, a Rezone application for Jasneek Health Care, LLC. TABLED at the petitioner's request li. Docket No. 94 -99 OA, Proposed Zoning Ordinance Amendments to the U.S. 31 Overlay Zone Ordinance. Filed by the U.S. 31 Task Force, Paul Spranger, chairman Paul Spranger, Six Shady Lane, Carmel, appeared before the Plan Commission as chairman of the U.S. 31 Task Force. The Ordinance Amendments were considered, in part, at the special meeting November 30, 1999, and the balance of the proposed Amendments will be gone over this evening. The Commission discussed each proposed amendment in depth. At the completion of review, discussion, consensus, and approval on various Sections and Articles, Rick Sharp moved for approval of Docket No. 94 -99 OA, U.S. 31 Overlay Zone Ordinance. APPROVED 11 in favor, Ron Houck opposed, Kent Broach abstaining. New Business lj. Docket No. 97 -99 SP, Secondary Plat application for Meijer, Inc. The petitioner seeks approval to plat one lot on 26.060 acres. The site is located southeast of 106 Street and U.S. 21 at West Carmel Center, Block D. The site is zoned B -3 /Business and is located within the U.S. 421/Michigan Road Overlay Zone. Filed by Jamie Poczekay of American Consulting Engineers. TABLED at the petitioner's request There being no further business to come before the Commission, the meeting was adjourned at 9:50 PM. David A. Cremeans, President Melissa A. Spiker, Acting Secretary s:AMinutes\P1anCormnission \pc 1999dec s:AMinutes\P1anCormnission \pc 1999dec