HomeMy WebLinkAboutMinutes SpecStdy 09-09-041,1`I y G`'`y of Cq,9y C ity
CARMEL PLAN COMMISSION
SPECIAL STUDIES COMMITTEE
THURSDAY, SEPTEMBER 9, 2004
(Revised 8- 30 -04)
Minutes
COMMITTEE MEMEBERS PRESENT
Jerry Chomanczuk; Wayne Haney; Mark Rattermann; Madeleine Torres
Department of Community Services:
Jon Dobosiewicz, John Molitor, Legal Counsel
The Special Studies Committee considered the following items:
1. Docket No. 04050028 DP /ADLS: Walnut Creek Marketplace (now known as West
Carmel Marketplace) Development Plan and ADLS
The applicant proposes a retail center. The site is located northeast of 99th Street and
Michigan Rd/US 421. The site is zoned B -3 /Business and B -2 /Business within the US
Highway 421 Overlay.
Filed by Mary Solada of Bingham McHale for Duke Realty.
Mary Solada, attorney, Bingham, McHale; Cindy Schembre, Retail Operations, Duke Realty;
Brent Davis, CSO Architects; Steve Fehribach, A F Engineering
Herewith a short review of the project, three topics covered. The first topic relates to
commitments made by the petitioner as they relate to the neighborhood associations. Secondly,
questions have been raised regarding architectural features of this project —Brent Davis of CSO
Architects will address those questions, although the petitioner views the proposed design as
consistent with the Georgian style of architecture. The third topic will recap a conversation
regarding access to the site. It is the petitioner's view that it is essential that the Commission
support and make sure that the BZA understands that the Commission is supportive of the
variance the petitioner is seeking to permit a curb cut and ultimately, a traffic signal at 99 Street.
The Commitments address: signage; the architectural theme as per plans; the landscape plan as
submitted under date of today, September 9, 2004 as the plan relates to Spring Arbor and the
south property line, (North Augusta.) The Commitments also get into the specifics with types of
plantings, etc. related to each HOA. The Commitments also indicate a return to the Commission
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for a variance regarding a curb cut —the petitioner will limit access to this project in terms of not
opening the curb cut at 99 Street until approval is obtained for Block G to the south of the
project. Additionally, Duke will pay for whatever roadway improvements to Michigan Road are
required both by Carmel as well as INDOT, likely in the form of medians installed extending south
almost to 96 Street.
Brent Davis, CSO Architects, addressed the Committee in response to a letter written by Mr.
Brian Shapiro who questioned the design and whether it is a proper application of the Georgian
style. The letter from Mr. Shapiro was insulting personally and corporately. The structure
displays Georgian style and picks up the main features of the Georgian/Federal/Greek Revival or
Italianatte style. The features are usually two story, belt coarse around the second floor, cornice,
facia and frieze with medallion details, massive columns, flattened columns, and /or pilasters. The
windows are multi paned, ballistrades and coins, and gables or hip roofs with dormers. All of
these elements pertain to homes or mansions, not 165,000 square foot retail centers. Mr. Davis
referred to the first paragraph (23) of the Ordinance —new buildings are not required to be
imitative, but must incorporate the salient features of the style. Mr. Davis further elaborated on
the proposed design and its features. Revisions will be submitted to the Department well in
advance of the September 21, 2004 Plan Commission meeting.
Mary Solada summarized the issue regarding access and the request for a curb cut and ultimately
a traffic signal at 99 Street, subject to INDOT final approval. There was confusion as to
whether or not Mayflower Parkway is a private street or public street. Ms. Solada distributed a
copy of the recorded plat from the year 2000 that refers to a "grant of rights of the public to use
Mayflower Drive—it is not really a grant of right -of -way but akin to an easement. This is
significant because the City could easily, legally require that this remain open as a public way if
the owners ever tried to block the way or somehow refuse the public access.
The traffic report by A F Engineering and John Myers' examination of that report confirms that
the proposal by Duke will enhance the street network by helping to construct and implement the
Thoroughfare Plan. The Thoroughfare Plan provides for the extension of Commerce Drive and
96 Street, from 99 and looping around from 99 back to Mayflower Drive. No negative
situation is being created by seeking the variance for the curb cut —this is an improvement or
enhancement to the street network.
Steve Fehribach, traffic engineer, A F Engineering, addressed the Committee and further
explained that by adding the curb cut and a traffic signal, a by -pass or cut through is essentially
created for 96 and Michigan Road. People on 96 Street west of Michigan Road can then use
Mayflower Drive, access 99 Street, then continue north on Michigan Road. Likewise, people
that want to go west on 99 Street can go south on Michigan Road, turn right at 99 Street,
access Mayflower Drive and turn right onto 96 Street. What this means is that between
Mayflower Drive and Michigan Road, the vehicles will no longer be there and likewise, at the
intersection —this means more capacity for everyone else. Potentially, at AM and PM peak hours
combined, 110 vehicles could be removed from this intersection. High range, 222 vehicles could
be removed from this intersection. With the access and intersection, another route is being
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provided for vehicles to maneuver around the 96 and Michigan Road intersection. The signal
will be approximately 780 feet away from the Retail Parkway signal. Signal timing coordination
can be utilized. The State would then require an inter- connection of 106 Street, Retail Parkway,
99 Street and 96 Street so that "bandwidth" could be produced—in other words, the vehicles
would hit the green light and get through the intersection. To recap, the signal will not hurt—it
can be timed to allow cars to continue to move along Michigan Road and Retail Parkway would
have to hold some cars. The goal is to keep traffic moving on Michigan Road. What helps is that
it removes vehicles from 96 Street and Michigan Road and delivers them from that segment
between Mayflower Parkway and 96 Street, thus increasing the capacity for the intersection.
Cindy Schembre of Duke Realty addressed the Committee and explained how the roadway
improvements would be funded. Duke is willing to commit to guarantee a "TIF" that would
provide the monies to pay for the road network. Duke's ability to do that depends on the tenants
for the project and the tax generated. The curb cut and traffic signal, the tenants and revenue, all
are tied together. The issue of the annexation also plays a part in this. The County TIF goes
away if there is no obligation being worked on at the time the annexation occurs. In view of the
benefits to the Thoroughfare Plan, extending Commerce Drive to 96 Street, improving 96
Street to Carmel standards, and improvements at 96 and Michigan Road, compared with what
inconvenience may be out there —the benefits far outweigh the inconvenience. Duke is asking the
Commission to make a decision that would support a curb cut if the BZA agrees.
Mary Solada stated that in terms of the neighborhood issues, Duke has provided material
concessions to protect land values for the neighbors. Duke has gone above and beyond any
Ordinance requirements regarding Ashbrook, Spring Arbor and North Augusta. The plantings are
generous and acceptable and most importantly, also create a setback of ten times in some places
what the Ordinance requires. Some variances have been requested, but those are justifiable. The
community will benefit from the fact that this proposal will bring tenants to Carmel. The tenants
are long -term players in the community— national booksellers, national apparel sellers, national
pet store enterprises— ventures that are not here today, gone tomorrow, but ventures that will be
signing long term leases with Duke in this particular structure.
Lastly, the other benefit of this project is that not only will it implement the City Thoroughfare
Plan, it will do so through a TIF that will cost the taxpayers nothing. At this time, the petitioner
is asking for a vote to move this item from Committee to the full Commission at its meeting on
September 21, 2004.
*Note: The Public Hearing Remains Open on this Docket
Public Comments:
Amber Carson Crane, 3722 West 98 Street, directly adjacent to development. Requests
earthen berm for safety /protection for neighborhood; ok to eliminate fences around the ponds;
request Duke bear responsibility for wells in the neighborhood if they should dry up within the
next three (3) years.
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Charlie Bunes, 3802 Lattice Court, Spring Arbor Subdivision, agreed with comments made by
the previous speaker. Mr. Buries just wanted to confirm that Spring Arbor has an understanding
with the petitioner and would like that in writing.
Marilyn Anderson, 3884 Shelborne Court, Carmel -Ms. Anderson's main concern is traffic. The
street into the Mayflower complex does not really look like a streetit runs by the right of a
building and into a parking lot; it is unclear that it is a street.
Department Comments, Jon Dobosiewicz. Regarding the request for access, the Dept is in
support of Duke's request for the traffic signal. The signal and the traffic has been discussed with
John Myers and it is the belief of the Department that the benefits caused by the construction of
Commerce Drive and improvements to 96 Street far outweigh any possible negative impact. The
State agrees that the critical point (intersection) is 96 and Michigan Road. We do not want to
jeopardize improvements to Commerce Drive and 96 Street that would significantly reduce
congestion at 96 and Michigan Road. The Department would support the request for two
signals at this time. Beyond that, the preference would be a signal at 99 Street across from the
Mayflower Park Drive. The Department has also talked with Jamie Browning of Browning
Investments and he is in support of the signal at 99 Street.
Mark Rattermann was complimentary of the buildings; 99 Street appears to be a legal, public,
dedicated easement, but he could not be sure. Mr. Rattermann asked John Molitor for an opinion
on the dedication of the street right-of-way—is it public or private, is there an easement or a
prescriptive easement? Mr. Rattermann would also like proof that the City will not have to
condemn to pick up the right -of -way. Hopefully this will be clarified prior to the September 21
meeting of the Commission. Perhaps Jamie Browning could clarify the situation.
Madeleine Torres asked who would be responsible for Mayflower Drive.
Jamie Browning, Browning Investments; offered clarification of the status of 99 Street —that
section of road servicing the old Mayflower development is slated for repair. The 99 Street
portion is private, but REI made application to the State to have a stoplight at 99 Street
application declined. With the anticipated annexation into Carmel City limits, Browning would
dedicate the road to close the gap.
Mary Solada referred to the recorded plat with language regarding dedication for the road. Ms.
Solada commented that copies of the commitments had been distributed to the adjacent
subdivisions —Steve VanSoelen, Frank Macri, Ms. Carson, perhaps.
Jon Dobosiewicz commented that the road is in fact a publicly dedicated easement that is required
to be maintained —the County Commissioners signed the plat. The whole issue is one of
connectivity.
Madeleine Torres made formal motion to forward Docket No. 04050028 DP /ADLS, Walnut
Creek Marketplace (now known as West Carmel Marketplace) Development Plan and ADLS to
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the full Commission on September 21, 2004 with a favorable recommendation, conditioned upon
a legal opinion from John Molitor regarding the right -of -way, seconded by Wayne Haney. The
vote was 3 in favor one opposed (Mark Rattermann) Motion Approved.
2. Docket Nos. 04060035 OA and 04060036 Z: Village of WestClay
The applicant seeks to amend their PUD ordinance. The applicant also seeks to Rezone 30
acres from S -1 /Residence Estate to PUD Planned Unit Development. The site is located
at 131 st St and Towne Rd.
Filed by Brandon Burke of The Schneider Corp, for Brenwick Development Co.
David Warshauer, attorney with Barnes Thornburg, 11 South Meridian Street, Indianapolis
appeared before the Committee representing the petitioner. Also present: George Sweet and Tom
Huston, principals of Brenwick Development Co.; Keith Lash, Vice President of Operations for
Brenwick; John Mosley, architect; Jennifer Pearz, Edwards Kelsey traffic consulting; Bruce
Russell, St. Andrews Consultants Senior Housing; Wendy Horn, Consultant; Dan Rosenthal,
architect; Bill Leghorst of "Broccoli Bill's."
David Warshauer summarized the petitioner's request as a text amendment to the existing
WestClay PUD, and a rezone of approximately 30 acres on the northwest corner of Towne Road
and 131S Street. The 30 acres would be added to the Village of WestClay as peripheral retail area
and would include both retail development at the corner of 131S and Towne and 35 platted lots
for the types of homes currently seen in the south section of the Village.
The petitioner is also requesting changes to the Ordinance to permit the development of a senior
housing component at the corner of Towne Road and 126 Streeta new sub -area within the
Village called "Primary Area S.H." (senior housing.) There are a number of other changes in the
Ordinance that reflect certain technical and design changes. A synopsis of each of the changes by
subject matter was provided to the Department and Commission/Committee members. There are
also certain scrivener's errors that have been cleaned up as well.
The Ordinance and the Development Plan for the Village of WestClay work hand -in -hand. The
Ordinance controls the buildings as well as the land use and the plan and ensures the three
dimensional realty of the finished product fulfills the concept presented.
Dave Warshauer gave a brief history of the Village of WestClay, proposed in 1998. At that time,
a very detailed analysis was presented as to why the Village concept would work and how it met
and furthered the goals of the Comprehensive Plan. There were two issues prevalent: traffic and
feasibility. At that time, western Clay Township was in the jurisdiction of Hamilton County and
Hamilton County had turned its back on western Clay Township in terms of traffic improvements.
Today, a number of the contemplated roadway improvements have already been completed. As
far as feasibility, a number of people said that this concept would not work—no one would want
the small lots, etc. The demand for the Village housing has far exceeded the expectations as to
the price range and the small lots.
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The current proposal for peripheral retail does not detract from the Village center but is viewed as
an enhancement. Most of the uses permitted in the retail area are already permitted in the Village
Center, but there are certain issues regarding space or design that make them impractical for that
area. The only drive through permitted in the Village center is for a bank. The architecture
design for a bank drive through would detract from the period design of the center —late 19
century, Indiana small town. The concept for the retail area is based on how an Indiana town
would evolve over a period of time and grow outward in its boundaries and architectural changes.
The architecture would be art deco or art modern and would permit larger retail facilities than
could exist comfortably in the Village Center and would enhance the Village Center. Drive
through banks would be permitted as well as a variety of uses that would be permitted in the
Village Center but not as practical as they would be at this corner.
Shortly after the City Council adopted the Village of WestClay PUD, the Plan Commission
recommended and adopted the Residential Open Space Ordinance that encouraged open space in
the community and did so by awarding "density bonuses." The average density of subdivisions
that have been approved in western Clay Township since the inception of the Village of WestClay
is somewhere between 1.3 and 1.5 dwelling units per acre.
The second major use component is the Senior Housing facility. The United States is undergoing
a great, demographic shift. There are a lot of aging Americans and one of the trends being set is
in connection with the types of housing facilities available to persons as they get older. Large
retirement facilities such as those seen in Arizona and Florida are being built in all parts of the
country. People want to age in the community in which they live, adult children want their
parents close by —there are a lot of reasons why communities will need to provide effective, life-
style communities for people as they age. In order to serve the baby -boom market, developers
have gone to great lengths to develop luxury communities for seniors. The Senior Housing is a
natural extension of the Village of WestClay.
Bruce Russell addressed the Committee on behalf of the Senior Housing component of the Village
of WestClay. The proposed senior housing will be an up -scale community to serve not only the
older residents here, but also residents that may not be here but their children are. The average
age is significantly high —this is a lifestyle choice —and the project is very up- scale, high end to
meet the kind of affluent community that is Carmel.
David Warshauer had further comments regarding the traffic and the voluminous studies that were
done in 1998/99. Jennifer Pearz of Edwards Kelsey, Traffic Engineers, studied traffic
intersections again over this summer to determine what impact the Village has had on the area,
and what impact the proposed changes would have on the traffic situation. The initial traffic
studies did a pretty accurate job of predicting the impact of the Village of WestClay, not only the
"background" development but all of the other development in western Clay Township. The
report provides level of service analysis as to what intersections need to be improved. At the
time of approval of the Village of WestClay, Brenwick made a number of commitments for
infrastructure improvements; a list of those roadway improvements was identified in the original
Edwards Kelsey report as being desirable to maintain adequate levels of service in western Clay
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Township resulting from the impact of the traffic of the Village of WestClay. Roadway
improvements were either to have been completed or a letter of credit equal to the estimated cost
of the improvements deposited by Brenwick with the Department or the County when a certain
number of acres of the Village were platted. At this time, a large number of the roadway
improvements have already been accomplished. Currently, those improvements are now within
the City of Carmel's long range plans as a result of its annexation into western Carmel and Clay
Township. Plans are underway and timetables are being set to accomplish the improvements.
The third commitment was the installation of a traffic signal on Spring Mill Road and 106 Street;
this has not yet been completed and is still within the jurisdiction of the County. The commitments
included significant traffic improvements and most all of those have been accomplished. The
installation of a traffic signal at 106 and Ditch was a prior commitment —this is now a round
about constructed by the City of Carmel. The last item was resurfacing 131S Street from Towne
Road to US 31a good portion of that was done by Brenwick in connection with the
development of the Village of WestClay. More than resurfacing was done. There are curbs,
landscape areas, a path; Brenwick expended quite a bit more than was required by commitment.
In summary, the original dollar amount totaled $1.28 million; the cost estimates have been
submitted for Towne Road and 126 Street —over one million dollars. A portion of the money
has already been spent as provided in the commitments, and a substantial amount of committed
and as yet, unspent dollars is remaining. There are dollars committed to projects that are already
completed. Brenwick can fulfill its obligation by walking in and delivering a letter of credit to the
City or County. However, as the commitments are written, the dollars are required to be spent on
those improvements. Brenwick has been working with DOCS and Engineering to try to find a
mechanism by which Brenwick's commitments can be applied to more priority needs in design,
right -of -way acquisition, etc. for projects on the City's long range plans.
Dave Warshauer then address those items referred to in the Department Report.
*Note: The Public Hearing Remains Open on this Docket
Public Comments/Unfavorable:
Maureen Pearson, representing Vladimir Zukerman, 13255 Roma Bend, (Lakes at Hayden Run)
Carmel, read a letter of stated concerns regarding the proposal. The Lakes at Hayden Run
neighborhood requests removal of the following, possible commercial uses such as gas
station/service station; car wash; liquor store; fast food restaurant, with or without drive through.
Additional concerns are density, traffic, and appropriate /adequate buffer between residential and
peripheral retail. The roads in the area are all narrow and sharing them with large fuel tankers and
delivery trucks creates an unsafe condition for all those who currently must travel these roads
there are also schools in this area. If any commercial use is permitted, the residents ask that the
hours of operation would be restricted to family friendly hours. There should also be written
commitments to run with the land that can never be changed that the residential portion as a
buffer will be built as private residences or left as green space. The fear is that the commercial
buildings will go in first, then another request will be made to change the condominium section
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currently shown as a buffer to some type of business use. More buffering needs to be done.
Maureen Pearson, 3705 Sumter Way, Carmel stated that it is wholly inappropriate to take this
residential corner and convert to business /commercial that will generate traffic, trash, and lighting
from the drive through facilities.
Marilyn Anderson, 3884 Shelborne Court, Carmel stated concern with density, commercial
development, and traffic. Ms. Anderson said the intersection at 116 and Shelborne Road was
reflected in the original traffic study, but it has disappeared from the current traffic study. Please
include the intersection of 116 and Shelborne Road in the traffic study! The traffic study is
confusing as to how it arrived at a reduction in traffic from the previous study. Ms. Anderson
encouraged the Commission to hire its own traffic engineer to conduct a study with a current
count.
If senior housing and condominiums are permitted, Brenwick should be required to make
corresponding adjustments in green space to continue to meet the existing density cap. Ms.
Anderson urged the Commission to require the senior housing block to be within an area already
platted with the smallest lots, not in the primary area of single family, detached homes. The
rezone for condominiums is also questioned near the already existing S -1 housing. At conception,
the Village of WestClay maintained that it would contain the higher density uses within the center
of their "doughnut;" this would minimize the visual impact. The senior housing residents may not
drive, but the employees who provide services for this facility should be counted—it is a high
employee per resident. There will be delivery trucks for this facility as well as visitors for the
residents. The traffic count should reflect this situation.
Brian P. Baker, 2495 Durbin Drive, Crossfields Subdivision, Carmel, stated that approving this
proposal would open the area for commercial development. Stated concerns: Preservation of
rural character of the area; traffic; health and safety concerns with residential wells in the area if
underground fuel tanks for gas stations are allowed; fast food restaurant facilities with drive
through operations; overall density levels.
Mark Lushell, Laurel Lakes Subdivision, 12110 Ellingwood Drive, President of the HOA,
expressed opposition to both proposals and agreed with previous speakers regarding density and
traffic. Laurel Lakes is also opposed to the height of the Senior Housing Center. Mr. Lushell
submitted a petition in opposition signed by residents of Laurel Lakes.
Dr. John A. Smith, 2885 West 131S Street, remonstrated against the original proposal for
Village of West Clay and again at the August 17, 2004 meeting. Dr. Smith is concerned that this
may now be a defensive strategy for buying the property on the northwest corner; also, this
project is 47% complete and there still is a large section undeveloped (a bean field north of 131S
Street across from the Village.)
There was discussion regarding an additional, special meeting to accommodate Village of
WestClay as well as item 4, North Meridian Medical Pavilion.
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Docket Nos. 04060035 OA and 04060036 Z, Village of West Clay were scheduled for further
review at an additional meeting to be held Thursday, September 16, 2004 at 7:00 in the Caucus
Rooms of City Hall, Carmel.
Mark Rattermann then made formal motion to place Docket No. 04050053 DP /ADLS, North
Meridian Medical Pavilion on the Agenda for a special meeting of the Committee on
September 16, 2004. If, for some reason, the petitioner does not appear at the meeting on
September 16, the Committee will meet at 5:00 PM on September 21, 2004, prior to the full
Commission meeting. The motion was seconded by Madeleine Torres and approved 4 -0.
3. Docket No. 04060033 DP /ADLS: 116th /Keystone Retail Shops
The applicant seeks approval for a retail/office building. The site is located at the
northeast corner of 116th St. and Keystone Ave. The site is zoned B -3 within the US 431
Overlay Zone.
Filed by Steve Hardin of Bingham McHale for Eclipse Real Estate.
Steve Hardin, attorney, 970 Logan Street, Noblesville; Bryan Chandler and Drew Warner, Eclipse
Real Estate; and Dan Schnerr, project engineer, Schneider Corporation.
Mr. Hardin submitted written commitments this eveninga product of meetings with the
neighbors. The proposed fence will be constructed of masonry columns and wood; hours of retail
operation will be limited as well as trash pick up---7 AM to 10 PM. As a result of meetings with
the City Engineer, the petitioner will dedicate significant percentage of right -of -way to the City of
Carmel. Currently there are two curb cuts; the plan is to close the western -most cut. The City
Engineer suggests a right in -right out "porkchop" be installed to restrict the traffic and perhaps,
eventually a median on 116 Street. In this case, the City Engineer thought a preferred solution
would be to add a second, west -bound turn lane on 116 Street. The petitioner is in agreement
with the City Engineer's recommendations.
Department Comments, Jon Dobosiewicz: Other than the commitments received this evening,
nothing has been changed since the original submission and the Department has no new
information. Access is still a major issue. The Departrment requested written verification from
the Engineering Dept. that the petitioner will satisfy access concerns on this site, including
appropriate access for future, regardless of how it develops currently.
The Public Hearing remains open on this item and members of the public were invited to speak at
this time.
Public Remonstrance /Opposed
Sherry Adams, 3003 Silver Maple Court, corner of 116 Keystone in "The Maples," had
submitted a letter that was read at public hearing. The proposed development may change the
residents' quality of life in a negative manner. Ms. Adams home is only a few feet away from the
development that will bring drive through noise, light intrusion, additional traffic, and will present
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health and safety issues. Ms. Adams stated that the proposed plans do not support the vision for
a premiere, first class city. The proposed fence is flimsy; the garbage /trash pickup and air quality
issue needs to be addressed. Rather than supporting 4 to 7 small businesses, this site could be an
opportunity for green space. The east side of Keystone is all residential—Ms. Adams requested
the Commission not approve this development.
Linda Meade, 3222 Crimson Court West, said the residents had not heard from the developer
since the public hearing. There are two major issues connected with the development. Adding an
additional traffic lane with the bicycle lane in existence would be extremely dangerous and would
be a nightmare and hazardous situation. The drive through area will be five feet (5') from the
fence and potentially dangerous 20 feet from someone's bedroom window.
Additional Department Comments: Jon Dobosiewicz asked for confirmation from the
Engineering Department that the petitioner will satisfy their access concerns to this site. The
Department would not suggest one method of access that would be different if there were no
drive through facilities or four businesses at this location. The Department would like an
exceptional level of access to this site. The Petitioner has not provided evidence that they have
reached consensus with the Engineering Dept. that the appropriate method of access has been
agreed upon and determined.
This item has been scheduled for BZA hearing on September 27 It is likely that this item will
not be out of Plan Commission by that timeit is typical that the Plan Commission would take
final action on a proposal prior to hearing by the BZA for variances relevant to the request. It is
the petitioner's decision as to whether or not to table at the BZA level.
Mark Rattermann suggested that the petitioner submit a sketch of the businesses and traffic flow
design. This site will be developed commercial, and it would be very inappropriate to suggest that
nothing would be constructed at this location. Drive through facilities are bothersome, the number
of uses are substantial (4 businesses) and this is also bothersome. More than this, the access at
this corner is a major, major issue.
Jerry Chomanczuk asked if there were any deed restrictions on the property that would prevent
the property from being used in any other capacity. This site is a premiere location and will be
developed commercially. The site plan shows three drive through lanes —the bank is in the
middle of the building, and Starbuck's coffee.
Mr. Hardin responded that the drive through will accommodate both the bank and Starbuck's; the
bank will be pneumatic tubes, the coffee is on the lane next to the building.
Jerry Chomanczuk reiterated his request for a report of traffic incidents at this intersection—it
was assumed that since there was no report submitted, incidents at this location are high. There is
a concern with the dumpster location, and will the trees on the northern perimeter be affected (cut
down
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Wayne Haney commented that in the future, if Keystone is depressed or raised, more frontage will
be required at this location —also if a pedestrian bridge is installed. In addition, left in -left out is
absolutely impossible! There are at least 50/60 cars at this intersection in the AM hours.
There are still issues at this location that have not been addressed.
Madeleine Torres said the traffic concerns are legitimate. However, the proposed development is
an improvement to this corner compared to the gas station previously at this location.
Mark Rattermann said that the bike lanes at this location are not the petitioner's doing —that was
the Mayor's decision. Mark still wants to see drawings before any decision is made —there must
be more information available. As far as the lowering or raising of Keystone —that is really far in
the future.
Docket No. 04060033 DP /ADLS, 116 Keystone Retail Shops was Tabled to October 5,
2004 Special Study Committee meeting at 7:00 PM, Caucus Rooms of City Hall.
4. Docket No. 04050053 DP /ADLS: North Meridian Medical Pavilion
The applicant seeks approval for a medical/office building. The site is located northwest
of Old Meridian Street and Meridian Street (US 31). The site is zoned B -3 and B-
6 /Business, within the US 31 Overlay Zone.
Filed by Tom Eagley of Lauth Property Group.
TABLED to an Additional Meeting of the Special Study Committee on Thursday,
September 16, 2004 at 7:00 PM or 5:00 PM on September 21 St in the Caucus Rooms of
City Hall.
5. Docket No. 04080017 ADLS Amend: Kite Medical Office Complex, Phase 2
The applicant proposes a medical office building. The site is located northeast of 126th
Street and US Highway 31, at the 13000 Block of N. Pennsylvania St. The site is zoned
B -2 /Business within the US 31 Overlay Zone.
Filed by Paul Reis of Drewry Simmons Vornehm, LLP for Kite Companies.
Paul Reis, attorney; Eric Strickland, Kite Companies; Greg Snelling, Civil Engineer with
Woolpert Assoc; Mark Monroe, Paul Reis' office.
The ADLS approval and Development Plan approval for the first phase of this site was obtained
in May, 2004. The approval expired and the process is being re- instituted. The site is zoned B -2
and is within the US 31 Overlay Zone.
This particular site is approximately 6 acres and will consist of a three -story office building,
approximately 95,000 square feet, and associates parking areas. The building materials are similar
to the first phase —pre cast concrete panels with sandblast retarder finishes, green tinted, insulated
vision glass, spandrel glass, exterior insulation and black aluminum frames, and polished granite
medallion stacks in the design.
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The landscaping plan is essentially consistent with Phase L The Technical Advisory Committee
reviewed this development and the Urban Forester made some suggestions. The diversity of the
plantings has been increased and three identified species have been removed. The style of lighting
fixture as well as the photo- metric plan complies with the illumination levels required by the
Overlay Ordinance.
Signage is primarily a ground sign and is consistent with a multi- tenant building complex.
Finally, the building elevations show Phase I and Phase II; Phase II is obviously a mirror of Phase
I that was previously approved in May.
Department Comments: Jon Dobosiewicz reported that previously, the Commission suspended its
Rules of Procedure and approved Phase I because it was consistent with the plan that was
previously approved. There will be a public hearing held September 21S wherein the petitioner
will ask the Commission to again suspend its Rules of Procedure and approve the Development
Plan for this site. The petitioner is actually responding to the State Highway improvements in
modifying their site and pulling buildings and other improvements farther away from the originally
proposed US 31 right -of -way. The Department is in support of this petition and recommends
favorable consideration.
Mark Ratterman moved for approval of Docket No. 04080017 ADLS Amend, Kite Medical
Office Complex, Phase 2, seconded by Madeleine Torres and approved 4 -0.
6. Docket No. 04080012 ADLS Amend: Thrifty Car Rental
The applicant seeks approval for exterior building modifications and signage. The site is
located at 582 S Range Line Rd. The site is zoned I -1 /Industrial.
Filed by Phil Spink of Thrifty Car Rental.
Brad Meyer and Phil Spink appeared before the Commission representing the applicant. The
color scheme and paint colors are proposed for change at 582 South Range Line Road. A
computer generated rendering was previously submitted, and the blue was somewhat over stated.
A rendering was shown of the airport facility that is the same as the one on Range Line Road with
the exception of the box sign with channel letters.
Brad Meyer referred to the Department Report that does not favor franchise architecture or color
schemes, and asked for guidelines and direction on this proposal.
Department Comments. Jon Dobosiewicz reported that a petition will be presented to the Plan
Commission next month to rezone Mohawk Plaza to the C -1 classification —with the support of
the property owner. It would make no sense to rezone Mohawk Center and then support a
request that would retrofit this building to allow this proposal. The current proposal will not be an
issue if we "stick with what we have" (same color) and change the signage. It would be an issue
if the next building over wanted to paint their building white with a big red canopy. If we are not
viewing changes that are seen as positive, we will just stick with what we have on the building
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today and allow a signage change as opposed to the existing use. It is more a perception to the
public.
Madeleine Torres commented that it is possible for a business to keep its identity and work within
the City guidelines.
The petitioner agreed to paint the building a light gray color, (west coast gray) eliminate the blue
band, and put a charcoal (dark gray) band where the red band is currently.
Typically, there will be no more than 10 rental cars stored on the lot at any given time. (Not
parked on the grass)
The petitioner was agreeable to having the "Thrifty" illuminated and "Car Rental" in solid, pin
mounted letters to the building. The petitioner also agreed to paint the raceway a background
color and provide a smaller, illuminated area.
Mark Rattermann moved for approval of Docket No. 04080012 ADLS Amend, Thrifty Car
Rental, subject to modifications as agreed by petitioner, seconded by Madeleine Torres,
Approved 4 -0.
7. Docket No. 04080011 ADLS Amend: Carey Addition, Lot 37 Bluemingdeals
The applicant seeks approval for a ground sign. The site is located at 301 S Range Line
Rd. The site is zoned B -1 /Business.
Filed by David Blue for Bluemingdeals.
David Blue and spouse appeared before the Committee representing the applicant. The petitioner
installed a sign based upon false information from the property owner. The sign is contrary to the
Carmel Sign Ordinance.
Mark Rattermann made formal motion to issue a temporary approval (six months from today) for
the current signage for Bluemingdeals, Docket No. 04080011 ADLS Amend, Carey Addition,
Lot 37. The six months time period will allow the petitioner time to work with the Department
for some sort of resolution and bring the signage into compliance with the Ordinance. The
petitioner will return to Special Study Committee in March 2005 with a design alternative for
the sign. The motion was seconded by Madeleine Torres, Approved 4 -0.
8. TABLED Doeket No. 04080013 ADLS Ame
Mayflower P Martin
southwest of Miehigan Read and 99th Stfeet. The site is zoned 1 1/industfial and is
within the US 421 Oveflay
Filed by N4afk Settlemyfe of Foresight Engineering for- Ed Maftin Pentiae.
9. Docket No. 04080019 ADLS Amend: Merchants' Square Wendy's
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The applicant seeks approval for a ground sign. The site is located northwest of Keystone
and 116th Street. The site is zoned B -8 /Business.
Filed by Charles Eitel of National Install, Ltd. for Wendy's.
Charles Eitel of National Install, Columbus, Ohio appeared before the Committee representing
Trident Foods, owner of Wendy's franchise for this area. A monument sign is being requested for
the Wendy's location in Merchants' Square. At the time 116 Street was widened, the directional
signs were removed. Wendy's is requesting a 25 foot monument sign that will comply with
setback and height requirements.
The design of the sign is the same as that which is located on Michigan Road. Wendy's does not
have a willingness to modify the ground sign to match the signage seen throughout Merchants'
Square.
Department Comments, Jon Dobosiewicz: The Department requests denial by the Committee for
the petitioner's request. The proposed sign is in addition to the number allowed and would
require a variance. A recommendation would be made to the BZA to deny the petitioner's
request. Along 116 Street between AAA Way and Keystone Avenue, all of the ground signs are
the same style. To introduce the proposed sign would be a deviation from the existing style.
However, if we are talking about the sign that Hardee's has, minus the "M" we are there!
Charles Eitel was confident that Wendy's would agree to the rectangular sign minus the "M."
Mark Rattermann moved for approval with modifications to the ground sign that will be in
compliance with the signage for Merchants Square (minus the "M as illustrated by Hardee's
signage as shown by the Department. The sign cannot be any larger than 30 square feet
approval is conditioned upon removing the wall sign on the east wall; the motion was seconded by
Madeleine Torres and Approved 4 -0.
Note: Wayne Haney exited the meeting at this time and did not return.
10. Docket No. 04080020 ADLS Amend: Wendy's
The applicant seeks approval for a wall sign relocation. The site is located southeast of
Michigan Rd and 106th Street. The site is zoned B -3 /Business within the US 421
Overlay.
Filed by Charles Eitel of National Install, Ltd. for Wendy's.
Charles Eitel of National Install appeared before the Committee representing Trident Foods and
Wendy's. Approval is requested to re- locate a wall sign on the Wendy's building at 106 and
Michigan Road within the 421 Overlay.
Department Comments, Jon Dobosiewicz: The issue is with the number of signs at this facility.
The property has a single frontage and under the Ordinance is permitted one sign. The petitioner
was previously granted approval by the Board of Zoning Appeals for three signs: one on the north
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facade, one on the south facade, and a ground sign in the front. Jon Dobosiewicz suggested
removing the ground sign and wall signs on the north and south facade of the building, and put
signage on the west facade, period! The petitioner was unwilling to make that request.
Mark Rattermann moved for approval of Docket No. 04080020 ADLS Amend, Wendy's on
Michigan Road as presented by the petitioner, seconded by Madeleine Torres. The vote was none
in favor, 3 opposed, MOTION DENIED.
11. Docket No. 04080026 ADLS Amend: Main Guilford Plaza
The applicant seeks approval for building elevation changes. The site is located at the
southwest corner of Main St. and Guilford Rd. The site is zoned OM -MU Old
Meridian- Mixed Use.
Filed by David Cain for Main Guilford Plaza, LLC.
Joe Peale briefly explained that the footprint of the building expanded at the expense of the small
plaza area, not the parking area. The new design adds more windows on the east elevation; the
north elevation shows the garage. The roofing shingle is architecturally dimensional with a
simulated slate roof, not the flat, monolithic type shingle.
Department Comments: Jon Dobosiewicz reported that changes have been made that were not
consistent with the overall plan; the footprint of the building expanded. In effect, the building is
the original one approved under the plan.
Mark Rattermann made formal motion to approve Docket No. 04080026 ADLS Amend, Main
Guilford, seconded by Madeleine Torres, Approved 3 -0.
Mark Rattermann amended his motion for approval on Docket No. 04080026 ADLS Amend,
Main Guilford, Subject To allowing the changes as proposed OR remaining with the arch
top windows on the Main Street side and the larger areas of storefront display windows, and the
metal roof at the petitioner's option, seconded by Madeleine Torres as amended, Approved 3 -0.
12. Docket No. 04080045 ADLS Amend: Pizza Hut
The applicant seeks approval for exterior building modifications. The site is located at the
northeast corner of Carmel Dr. and Range Line Rd. The site is zoned B -8 /Business.
Filed by Dave Parnell of the T W Corporation.
Dave Parnell, T W Corporation, general contractors, appeared before the Committee on behalf
of Pizza Hut of America requesting approval for exterior modifications to the building in the form
of a color change. The petitioner offered apologies for not requesting approval prior to changing
the color of the building.
Department Comments: The Department is in support of the change in the color of the building
the shake roof is still existing.
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Mark Rattermann made formal motion to approve Docket No. 04080045 ADLS Amend, Pizza
Hut, seconded by Madeleine Torres, Approved 3 -0.
Jon Dobosiewicz gave the Committee a "heads up" on the length of the Agenda for the full
Commission meeting in September with a view of scheduling two committee dates for October.
There being no further business to come before the Committee, the meeting was adjourned at
11:25 PM.
Jerry Chomanczuk, Committee Chairperson
Ramona Hancock, Secretary
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