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HomeMy WebLinkAboutMinutes SpecStdy 09-21-041,1`I y G`'`y of Cq,9y C ity CARMEL PLAN COMMISSION SPECIAL STUDIES COMMITTEE TUESDAY, SEPTEMBER 21, 2004 (Special Meeting) Minutes The Special Study Committee met at 5:00 PM in the Caucus Rooms of City Hall, Carmel, Indiana in order to review and vote on a single item. Committee members present: Jerry Chomanczuk, Mark Rattermann, Steve Stromquist. Jon Dobosiewicz attended the meeting on behalf of the Department of Community Services. The following item was considered: 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. Mike Cook, attorney, One Indiana Square, Indianapolis appeared before the Committee representing the developer Metro Acquisitions, LLC. Also in attendance: Daniel M. Barkes, Lauth Property Group. The property is slightly over 9 acres, located northwest of Old Meridian and US 31 within the US 31 Overlay Zone, with a common address of 12202 North Meridian Street. The aerial displayed depicted Illinois Street as the petitioner proposes it to be extended from 116 Street to Carmel Drive. The aerial also shows the Williams Creek Farms Subdivision to the west of the site. The only item before the Committee this evening is the proposed development of the 9.07 acres. The plan would evolve the construction of a single, 88,000 plus square foot, 3 -story office building on the site at what is essentially the southeast corner of the property. The proposal is for ingress and egress off the frontage road currently with eventual ingress /egress to be provided off Illinois Street extended. The applicant is not asking for any waivers or variances; the applicant meets the Ordinance in all respects. The exterior of the proposed building is architectural, pre -cast glass and architectural metal panels. The rooftop equipment will be screened; there is a portico at the entrance on the west S:\ P1anCommission \SpecialStudiesCommittee \2004 \ss2004sept2I specialmtg ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 side of the building. The building signage is consistent with Ordinance requirements. The lighting in the parking lot is proposed in accordance with Ordinance requirements and would involve 22- foot light standards located within the aisles of the parking lot; the lighting fixtures would total 22. One of the issues dealt with the proposed means of ingress /egress off this site. In that regard, it is not as if this real estate is going to be developed and open for business immediately. The time that it will take to develop this site will run from 8 to 10 months and it is unlikely that if construction were started currently, that the property would be open for occupancy before late summer or late fall of 2005. Consistent with what is now happening in terms of the status of this proposed development, there is currently underway design for Illinois Street extended. The reality is that Illinois Street will be extended sooner rather than later. When Illinois Street is extended, it will provide a vehicle by which this site can be accessed for ingress /egress on something other than the frontage road. The other thing we need to look at is, "What is the burden that this particular building and this facility would impose on the frontage road currently. This proposal is for a medical office building, and unlike a number of other uses, it does not tend to load and unload traffic at peak periods. Typically, a medical office building would have staggered office hours for doctors and the traffic would be spread out over the course of the day. There would not be the same load during peak periods that another proposed use on this site might generate. If Illinois Street and the progress of Illinois Street continues from the design phase through development, it is hopeful that it will not be long after this building is occupied that it will be available and open for use. The proposed extension shown by the applicant is not an extension that the City of Carmel has currently accepted, nor does it represent an alignment that has been determined from an engineering perspective for the street. What it does represent is an alignment that with respect to the most affected residential neighborhood (Greg Small's neighborhood) that the applicant finds acceptable and that Greg Small finds acceptable from his perspective. The proposal is fairly consistent with an alignment that was proposed as a part of the Resolution that the City had with respect to the extension of Illinois Street when they looked at alternatives for how it would be aligned coming from 116 to Carmel Drive. The only difference perhaps is the "dip" that comes down at the east property line of the Greg Small real estate and preserves his residential lot almost in its entirety. Questions have been raised as to what is the ultimate plan for development of this site —there are 9.07 acres under proposal for development. The applicant has filed for additional approvals and for a second building, ADLS and Site Plan approval. An application has also been filed for rezoning with respect to what the applicant believes will be the portion of the platted lots in Williams Creek Subdivision that will lie to the east of Illinois Street extended. There are plat vacation petitions on file as well; however, those are not matters before the Committee tonight; those are matters to be considered first at the October 19 meeting of the Plan Commission. The only subject before the Committee this evening is for the construction of one building and site plan approval with respect to the one building —all of which meets the standards of the Ordinance. The applicant has labored long and hard in its attempts to resolve the extended differences and S:\ P1anCommission \SpecialStudiesCommittee \2004 \ss2004sept2I specialmtg 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 problems that the neighbors had —not necessarily to what is before the Committee this evening but what may ultimately occur as Illinois Street is extended and as the second phase of this project proceeds. Mike Cook submitted a draft of commitments offered as late as September 16. The commitments deal with the proposed development east of Illinois Street. Lauth currently controls three lots part of Williams Creek Subdivision —that would be bisected by Illinois Street extended. In connection with the control of those lots, the applicant has offered to the neighbors in Williams Creek a proposed re -plat. The re -plat contains substantial covenants, conditions, and restrictions that would require that the portion of the lots remaining west of Illinois Street would be developed to a higher standard than generally required when the subdivision was originally platted. The applicant has also provided in the plat restrictions certain requirements that would deal with tree preservation with respect to larger setbacks at the front of the lots as they would front in the Williams Creek Farms Subdivision to preserve the existing trees that are in that area. There is a 75 -foot building setback provided. To the extent the lot immediately next to the Greg Small property would be acquired, it is a "no- building area" for the preservation of trees. With respect to the main focus of the meeting this evening and the east of Illinois Street extended, most of the commitments have been blessed, but not all of them. The requests made have changed as time has gone on. With respect to commitment number one, as of today, there is a desire that the turn -off of lots in the west parking lot occur at 9:00 PM instead of what is proposed (10:00 PM). With respect to commitment number two, it is acceptable to all concerned. With respect to commitment number three, there has been a request that pole height not exceed 15 feet west and beyond what would represent the west property line of the current Backer property. In the event rezoning is obtained and the applicant is successful in including portions of the platted lots in Williams Creek Farms Subdivision within the proposed commercial development, the free standing cellular towers commitment is agreeable. Number five is agreeable by all concerned. Number six is agreeable by all concerned; number seven is agreeable by all concerned; number eight is agreeable by all concerned. Every subject or topic has been covered that the applicant has been asked to cover. There are two commitments about which there are differences. In closing, from Lauth's perspective and recognizing the process we are in, Phase II has been accelerated because of questions that developed as to whether or not we were somehow not being forthright with respect to the ultimate development plans on this site. From Lauth's perspective, the proposal today and the only development plan we want to proceed with is one building, all of which meets the Ordinance requirements, on this site as shown and as consistently requested for approval. It is important from both a marketing and a timing perspective that we try to proceed to obtain the approvals necessary. Department Comments, Jon Dobosiewicz. The Commitments presented exceed what is typically seen and also exceeds what the Ordinance would require between this type of development and the residential area to the west. Likewise, the ultimate construction of Illinois Street would be between the residences and this project. A similar situation exists along Meridian Corners Boulevard farther north of this site between the Odessa headquarters and the parking garage structure along Meridian Corners and the neighborhood immediately adjacent with homes within S:\ P1anCommission \SpecialStudiesCommittee \2004 \ss2004sept2I specialmtg 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 50 to 60 feet of the right -of -way. In this particular situation, there are homes that are a much greater distance than the homes adjacent to Meridian Corners Boulevard. The changes that Lauth would seek to have approved by the City in the routing of Illinois Street would modify the adopted alignment to bring Illinois Street farther to the east on Greg Small's property. The hearing on Phase II is on the TAC Agenda for tomorrow and would be in front of the Plan Commission next month. A lot of the issues identified in the Commitments are those that may be issues more attendant to the rezone. Apparently, Lauth is willing to make commitments at this time in regard to this proposal, and the Plan Commission will have an opportunity to review additional use on the site. At this time, the Department is in support of the request for Building No. 1. When the second building comes in, we will probably establish a condition that building No. 2 occupancy would not be allowed prior to Illinois Street being opened for traffic. Zeff Weis, attorney, asked for clarification on the proposal. Is the development for Phase I subject to the commitments tendered this evening? The commitments say "Draft." Mike Cook responded that commitments numbered 3 and 8 would not be appropriate for Phase I and would not apply. Zeff Weis, attorney, 3100 One American Square, Indianapolis stated that he represents Greg Small, the owner of lot 8 in Williams Creek Farms, and they are opposed to this development for reasons stated hereafter. The concerns of many, if not all of the other neighbors, are also expressed, even though Mr. Weis represents only Mr. Small. Mr. Weis was not sure the adjoining neighbors were aware of the meeting this evening. Mr. Weis commented further that on a technical basis, the Ordinance states that a light within 90 feet of an adjoining residential district cannot exceed 15 feet. Mr. Cook stated that the proposed light poles are 22 feet, plus the light, that would be 25 feet in height and would exceed that which is allowed by Ordinance. Secondly, Mr. Weis stated that he has been working with Mr. Cook and there are some stumbling blocks. At this point, Mr. Weis recommended that the Committee reject this proposal and forward to the full Commission with a recommendation for denial. However, Mr. Weis did want to point out a few things —they are still stuck with the frontage road —the Illinois Street extension does not exist today. What is serviced off the frontage road is all single-story—we are still looking at single story buildings that are serviced by the frontage road. If you have been on the frontage road at any given busy time, it is very difficult to get in and out and it will become even more difficult. It would be different if the Department were saying that you could not open the first building until Illinois Street extension is in place —then the traffic problem would be solved right now, there is a traffic problem. In looking at the total package, there will be more buildings and that petition has already been filed; the one building proposed will still affect the traffic. The neighborhood's concerns and in particular, Mr. Small's concerns are really pretty simple: sight and sound. Mr. Small does not want this facility lit up like a baseball park so that when he is out enjoying his home, backyard, and swimming pool, he does not want the light intrusion until 10:00 PM. The other neighbors likewise do not want the facility lit up at night. It would make sense, from the City's perspective to move the buildings, but by doing so, the parking is pushed S:\ P1anCommission \SpecialStudiesCommittee \2004 \ss2004sept2I specialmtg 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 back the opposite way. The lighting is still a problem and under the current Ordinance, there would be a 90 -foot line coming across and the petitioner is unwilling to work with that assuming this goes commercial. Mr. Cook responded that they are not unwilling to do what the Ordinance requires. Mr. Weiss said that the petitioner was unwilling to move the lighting back 90 feet off what is now the common boundary line. The real issue is that this remains in a state of flux. If you look at the development, the petitioner has no reason to take this property at this juncture —they are not using it for parking —and given what the remonstrators have asked the petitioner to do as far as restrictions, they have no incentive to take it down. Mr. Weiss said they are trying to find something that works for everyone. Mr. Weiss then asked for either more time to work this out with the petitioner or for the Committee to send it to the full Commission with a recommendation of denial because the impact is too great and premature. It may well be that when Illinois Street extension is in place, this one, single, three -story building might make sense, but given the traffic situation today, without Illinois Street, it is doubtful it will work. Just so there is no misunderstanding, under the private covenant that exists here, the commercial building cannot be connected to Illinois Street for access to a commercial use. You cannot use a residentially zoned property for ingress /egress to a commercially zoned property. Jon Dobosiewicz was in definite disagreement; Mark Rattermann agreed with Mr. Weiss. Mr. Cook commented that the only question in front of the Committee at this time is the plan on the table. The other issues have not been fully negotiated. Some of the issues raised by Zeff Weis are nothing more than speculation and not appropriate for hearing at this time. What is before the Committee this evening is one building. Mr. Weis responded that if that is correct, then the Committee must be convinced that this one building with the 350 plus cars can have adequate access at this site and this site only. Jerry Chomanczuk invited comments and questions at this time from members of the Committee. Following open discussion and a number of comments, the consensus of the Committee was that access off Illinois Street is a critical issue. The petitioner agreed to continue to work with the remonstrators and Zeff Weis and go back to the drawing board for some resolution. Mark Rattermann agreed that another meeting should take place between the petitioner and the remonstrators, and that both sides should be prepared to be reasonable in their deliberations. Jerry Chomanczuk requested that something be obtained from the City in writing as to the direction of Illinois Street. S:\ P1anCommission \SpecialStudiesCommittee \2004 \ss2004sept2I specialmtg 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The Committee decided to schedule a special meeting at 5:30 on October 5, 2004 with a view towards recommending a vote to the full Commission. The full Plan Commission would then meet at 6:30 PM, just prior to the regularly scheduled Special Study and Subdivision Committee meetings at 7:00 PM for a vote. There being no further business to come before the Committee, the meeting was adjourned 6:40 PM. Jerry Chomanczuk, Chairperson Ramona Hancock, Secretary S:\ P1anCommission \SpecialStudiesCommittee \2004 \ss2004sept2I specialmtg C ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417