HomeMy WebLinkAboutMinutes SpecStdy 11-04-041,1`I y G`'`y of Cq,9y C ity
CARMEL PLAN COMMISSION
SPECIAL STUDIES COMMITTEE
NOVEMBER 4, 2004
The regularly scheduled meeting of the Special Studies Committee met at 7:00 PM on November
4, 2004 in the Caucus Rooms of City Hall.
Members in attendance: Jerry Chomanczuk; Wayne Haney; and Steve Stromquist, thereby establishing
a quorum.
Jon Dobosiewicz attended the meeting on behalf of the Department of Community Services; John
Molitor, legal counsel, was also in attendance.
The Special Studies Committee considered the following items:
1. 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, Bingham, McHale, 970 Logan Street, Noblesville, appeared before the
Committee representing Eclipse Realty. Brian Chandler and Drew Warner, Eclipse Realty were in
attendance as well as Dan Scnherr, team engineer with Schneider Engineering.
Mr. Hardin stated that he had had further discussions with the neighboring Maples HOA, the City
Engineer, and the Planning Department. The size of the building has been reduced by slightly
over 1,000 square feet—originally at 8,400 square feet, now at 7,350 square feet —that took
approximately 10 feet off the east side of the building. One of the drive through lanes has been
omitted. The petitioner has agreed with The Maples' HOA attorney to double -panel the fence in
order to enhance the sound barrier between the homes and the development. The petitioner has
also agreed to allow The Maples of Carmel HOA to be one of the entities on the written
commitments for enforceability.
In addition, for those homeowners residing along the perimeter, the petitioner has offered to plant
(at his cost) and donate to the Maples HOA, evergreen trees spaced one every 20 feet along the
perimeter line where there is currently an old, existing fence. The petitioner is willing to remove
the old fence at its own cost. At the election of the Maples HOA, the petitioner is willing to plant
evergreens, ideally, between the brick columns to provide not only additional aesthetics but also
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help be a part of the fence for the benefit of the neighbors. The species of evergreens will be
discussed and agreed upon with the City Urban Forester. These trees will be on The Maples
property. The petitioner has also done additional landscape updates.
The last item is site access. Mr. Hardin stated that the development team had met with the
Department of Community Services and the City Engineer in order to address traffic flow. The
site plan shows exhibits formerly proposed and those currently proposed with the changes to the
building. The access and traffic flow as now proposed is believed to address the City Engineer's
comments. The actual, exterior traffic movements have not changed from the prior meeting
Department Comments, Jon Dobosiewicz. The Department has received the revised landscape
plan. There were only two comments: the variety of evergreen and how it is dimensioned—
caliper or height. Typically, evergreens are dimensioned as calipers as opposed to height, and
usually seen at 6 to 8 feet in height at planting. In addition, there are Ash species identified on the
plan, and those are not being allowed at this time.
The Department met with the petitioner regarding modifying the site plan such as widening the
green space along both the east and north, removing one drive through and reducing the building
size in an effort to pull it farther away from the residential area and provide more area. Widening
the existing lawn areas allowed for the preservation of two additional, existing trees on site. The
larger trees are mainly to the north of the site. The Exhibit submitted this evening shows along
the east side, the proposed setback for drive area —the existing area is identified as approximately
nine (9) feet—proposed at its least dimension to the area to the east is 13 feet; it varies up to 22
feet. The modification from the north side in greenbelt area went from approximately five to 15
feet. The added 10 feet allowed preservation of two additional mature trees. There was also
modification of the dumpster enclosure—although still in the same location, it is in a less
objectionable position on the lot.
There are apparently additional commitments that have been offered. If this item is forwarded
back to the full Commission this evening, the Committee should ask the petitioner to provide
those commitments in writing for Department review before final action.
*Note: The public hearing remains open on this Docket.
Jerry Chomanczuk, Committee Chairperson, commended the petitioner in being pro- active and
eliminating the drive through; reducing the footprint of the building by more than 10 working
with the neighbors regarding the double -panel fence; establishing written commitments; and
additional landscaping in the form of evergreen trees. The one critical item still outstanding and
topic for discussion is the access to the sitea critical issue. This particular site is already a
problem, and we certainly do not want to make it worse.
Steve Stromquist agreed with comments made by Jerry Chomanczuk. The biggest problem with
this site is exiting the facility. The work done between now and the first time the petitioner
appeared is certainly commendable.
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Dan Schnerr, Avon, Indiana, Engineer with Schneider Engineering offered traffic comments on
this site. The configuration is two through lanes, a dedicated right turn lane, and a dedicated left
turn lane at the intersection. Currently, there are two east -bound lanes on 116 Street. There
have been discussions with the City Engineer as far as how to stripe this out, since one east bound
lane currently turns into a "turn only" lane into the apartment complex on the south side of the
street. (Woodland Springs Manor) We are really talking about shifting the existing configuration
to the south somewhat so that the second west -bound lane and the two through lanes east bound
can be maintained as well.
Jerry Chomanczuk noted that there are usually always 5 or 6 cars stacked in the turn lane to head
south on Keystone. Whether it is a potential customer trying to enter the site or one trying to exit
and head east, it is still unclear how to circumvent the problem.
Dan Schnerr was uncertain whether or not anything could be done to circumvent this problem in
the peak AM and PM travel times. The petitioner is trying to improve the situation for the other
85% of the time that the roadway will be functioning.
Mike McBride, City Engineer was in attendance and had the following comments regarding this
site. To date, there has not been a great deal of time to review the most recent numbers. Based
on limited review thus far, there are additional questions to be "hammered out" probably outside
this meeting. The biggest concern has already been alluded to —the left turn movements into this
development from east bound travel lanes on 116 Street that would cause stacking back into the
intersection at Keystone and 116 This is the primary traffic movement of concern, and there are
concerns with other left turn movements as well.
Mike McBride also commended the developer for making efforts to satisfy the requirements set
forth so far. At this time, Mike McBride could not say that access could be provided to this site,
with the safety desired, without eliminating the left turn altogether and installing a raised median
of some type. We might get to that point, but there are issues that need to be worked out with
traffic generation numbers.
Mike McBride further commented that the petitioner has taken on the responsibility of adding the
additional through lane, and that does make the situation better than it is currently. If the gas
station were still functioning at this corner, it would be a worse situation than the one created by
the petitioner's development plus the two through lanes. Two through lanes will make much
more efficient use of the green time on the Keystone signal and more traffic can clear in the peak
hours. Additionally, in the lower volume period, with two through lanes, more stacking is
provided so that cars are out of the way and not blocking the entrance. There is not a whole lot
that can be done about the peak hour volumes; there will be issues at this site regardless, as long
as access is allowed to this site at all. The Engineering Department will continue to work with the
petitioner.
In response to questions from Jerry Chomanczuk, Mike McBride said the roadway is being
widened to allow two west -bound lanes for the short distance in front of the site. The existing
bicycle lane is the safest place for the bike lane, although it looks as if it is hanging out in the
middle of traffic. However, if the bike lane were against the curb, it would create conflict with
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traffic turning right. The bicycles can make either movement, right turn or through, with less
conflict.
Wayne Haney commented that a raised median between east -bound and west -bound traffic would
be the best solution. Otherwise, there is potential for fatality is someone exits the site heading
east and tries to cross all lanes of traffic, especially with polite motorists stopped to allow the
turn, and other motorists might not stop. Also, someone east bound, entering the site, will cross
four lanes and a bike lane to enter, and then try to come out and turn eastit is an extreme
hazard.
Jerry Chomanczuk concluded that the City Engineer has not had enough information or time to
make a final determination or recommendation on the safety of the proposed plan. In thinking of
alternatives, would a median in the roadway such as referred to by Wayne Haney solve the
problem? Obviously, a median would limit the business flow to a right in/right out traffic flow.
Dan Schnerr responded that right in/right out limits access to the site. Typically, when you see
right in/right out configurations, the lot is part of a much larger development with other access
points at which traffic could get to through the site or an adjoining site to get to a full access
driveway where left turns can be made. Unfortunately, this site does not have that capability
because of the surrounding development.
Steve Hardin reported that comment letters received from the City Engineer's office suggested
laying out some of the ideas shown currently. This could be a good solution, given the site, to try
and maintain the economic viability as well as provide help for through traffic. The median may
be the best alternative and the petitioner suggested moving forward at this time. The City
Engineer can monitor the situation and further decisions can be made—we can always do
something in the future if required, but that is not the preference.
Jerry Chomanczuk said the only thing is —you are allowing the situation to proceed on the hope
that it may not be problematic. On the flip side, it can be very dangerous. Jerry Chomanczuk
deferred to John Molitor, legal counsel—should any decision be postponed?
Jon Dobosiewicz had the following comments: The determination needs to be made—is the
proposed roadway better than what exists there today? The only question isIs it This proposal,
or is it this proposal WITH the raised median that prevents cross traffic and left turns out of the
site. Another question isIs traffic good enough with this configuration with the raised median?
There are benefits associated with this, there are also costs associated with this. If you install the
median, the traffic will turn at the next possible left, into the neighborhood, and the traffic will
either drive into the development and around, or they will use the entrance as a turn- around and
head west into the site. From a traffic standpoint, everyone needs to realize that regardless of
what business goes here, if they are asking for a median—everyone coming off Keystone will
come into the neighborhood to turn around. There is really no way to prevent that other than
extending the median past the neighborhood —then the neighborhood cannot turn left.
Mike McBride expanded on Jon's comments and totally agreed. People that want to get to this
location that are east -bound will pull a "U" turn at the first possible location. Along with the
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traffic in the peak hours, the raised median would act as a deterrent. This is what we see in every
case this is done—in peak hour volumes, it works because all of the traffic plus the median —the
people cannot turn. In lower volume traffic, people will find the "U" turn.
Public Comments:
Linda Meade, president of The Maples HOA, said the petitioner's efforts have been appreciated
in moving the building and agreeing to plant the trees. However, the trees are dwarf trees, and
they should be higher and taller. If the lane is added, will the street be widened in front of the
Maples as well?
Mr. Hardin responded there is a very short section that is still within the right -of -way,
approximately 30 to 35 feet beyond the site. The sidewalk will remain in its current relationship
to the curb.
Jon Dobosiewicz clarified that the existing curb could become as much as one foot closer to the
wall at The Maples at the far west end and then tapering down to nothing in about 35 feet.
Linda Meade said that another concern is that persons exiting the site, even if they are turning
right, must cross four lanes to get into the lane to turn left onto Keystone. The gas station had
two drives, the proposal has one drive and this is a "double" problem because you are fighting the
people coming into the site. The other issue is that at 6 in the morning, the highest peak time of
the week is between 6 and 8 in the morning, and this is when Starbucks opens. The Maples
residents wanted a 7:00 AM opening, and Starbucks has agreed to 6:00 AM, although that is later
than most Starbucks open (5:30 AM) until 11:00 at night. Charter One Bank is also open until
11:00 at night —they are not a 9 to 5 bank. The mention of the double flat fence is still an issue.
One of the residents that backs up to this fence has a breathing issue. Another person on the
north end has a huge problem. The residents still want the brick wall—at least something that will
stop the fumes —this is a big concern. The people with breathing problems will not be utilizing
their screen porches or going outdoors at all.
Lastly, a lot of the dirt was removed from the hazard waste and piled it in the back yardso, the
back yard is now higher that it was. Will this be leveled out? Is the elevation being raised at the
corner? If so, the fence or wall will probably need to be higher.
Brian Chandler, Eclipse Realty stated that they do not yet own the site and Marathon is doing all
of the site work.
Donna Cronin, 116 Street, stated concern with children getting off the schoolbus on 116
Street and walking across the street. With the additional traffic and a median, this is a very
dangerous situation.
Dean Herrill, The Maples, stated there are school buses that stop on 116 Street and children
cross the street to come into The Maples. A left turn is absurd —you can't get in and out now! A
fence will not work—it needs to be a wall. Fence insinuates thin, a wall insinuates that you
cannot see through it or get fumes through it. A cement block fence may be as inexpensive as a
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wooden fence. We need a wall rather than a fence, and a wall tall enough that fumes will not
come over.
Jerry Chomanczuk asked for the petitioner's response to public comments at this time. Also,
what is the current status of the tank removal?
Linda Meade stated that The Maples did not know until this afternoon what the offers were, and
there was not adequate time to discuss with the neighborhood. Last Thursday, the attorney for
The Maples received some information but not all. To date, there has not been an opportunity to
discuss offers with The Maples community.
Committee Member Steve Stromquist asked which direction the school bus was headed? The
response was that the school bus stops on the south side of 116 Street, and the children cross six
lanes of traffic.
Jon Dobosiewicz reported that it is actually three lanes, one lane in each direction plus the center
lane. The road will not be widened where the children will be getting off the bus—it will still be
three lanes —two through lanes and a center lane.
Jennifer Ingram, resident of The Maples, related an incident whereby she was working in the
median and there were two school buses on 116 Street, one headed east, one headed west,
stopped to release children. The cars do not stop for the school buses, even though they have
their stop signs extended. This is a dangerous situation.
Jon Dobosiewicz advised Ms. Ingram to report the matter to the police. If the police do not hear
about it, there will be no enhanced patrols to address the situation.
Steve Hardin addressed the fence issue. The petitioner worked with the City Development
Department on the design for a fence and proposed an attractive fence. The Maples HOA is
represented by an attorney—he was provided with the revised site plan. The attorney specifically
asked that the fence would be double planked to provide additional buffering and that is what the
petitioner specifically agreed to. The fence will be an attractive fence. From a sound -buffer issue,
the building itself will provide a substantial sound barrier for the traffic being generated along
Keystone and 116 Street.
Brian Chandler addressed the site work. The physical work of the cleanup has been completed,
and they (Marathon) will probably monitor the site between now and the time they get a "No
Further Action" letter. Marathon still owns the property— Eclipse agreed with Marathon to clean
up the property and remediate it properly —this is on- going— compact the soil to a standard that
Eclipse will probably ultimately improve, and then come up with a grading plan for the site. It
will be properly engineered. At this time, Brian Chandler could not say whether or not the current
grade of the site is the ultimate grade —but there will be a grading plan that will be worked on
with the City Engineer.
Drew Warner went into a little more detail. The site has two tiers, the northern portion that is
predominately lawn area is higher than the southern half of the site where the gas station
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development is located—it is actually depressed slightly. The grading plan evens it out so that it
may be slightly higher in the front where the site is currently lower, and it will be a little lower at
the back where it is currently higher. Going from the site to the east and north, onto The Maples
property, it is a few feet lower as it sits currently. The goal and current plan matches the existing
grade at the property line. There should be no effects from the development site. Proper
drainage facilities as well as grading will ultimately have to be approved by the City and there
should be no adverse effects from what Eclipse is doing.
Jerry Chomanczuk referred to discussions with the Maples' counsel. Evidently there is other
news in the pipeline that has not yet been disseminated. At this time, is it possible to share the
written commitments with the Committee?
Steve Hardin responded that the initial commitments regarding the hours of operation and the
fence have been provided to the Department. The commitments will be supplemented and
provided to the Department prior to returning to the full Commission. Specifically, the petitioner
would add to the existing commitments that the HOA would be one of the entities enabled to
enforce the written commitments and language will be added to the fence commitment that it will
be double- sided, a double planked fence. Those written commitments will be provided to the
Department and to the HOA attorney for review prior to returning to the full Commission.
Jerry Chomanczuk said that the proposed plan is better than the existing —the addition of two
lanes is a plus, but existing in the last two and one -years has been a situation of no occupant at
this site. Jerry Chomanczuk asked the City Engineer to submit a written recommendation prior to
the full Commission meeting.
Mike McBride, City Engineer, agreed to submit a written recommendation as long as he had an
occasion to meet with the petitioner and discuss the details of the traffic volumes that were faxed
to him this week.
Jon Dobosiewicz noted there is still the issue of the raised median.
Mike McBride stated that the City will eventually be widening 116 Street, but for the short term,
it is finished and not scheduled for any construction. There is no funding in place for widening or
construction of road improvements. The problem at the intersection is an immediate worry. This
is an opportunity for the City to take advantage of what the petitioner is willing to do. Any
roadway improvements on Keystone would be up to the State to tie into the City system.
Unidentified member of the audience wanted to know who would be sued when fatalities start
happening at this location. Regarding the fence, it is currently on a buffer on The Maples
property that is a lot higher than the subject site —would like to make certain that the fence or
wall will be the same height as currently exists.
John Molitor, legal counsel responded that he was not about to say the City would be liable. If
there were an accident there, survivors or families of victims could bring about a lawsuit, as with
most accidents.
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Jon Dobosiewicz, DOCS commented that a lot of the noise issue is perhaps the ambient noise
from Keystone Avenue, and the positioning of the building should serve as a buffer from the noise
into the neighborhood. The issue of fumes with regard to the proposed use versus the current
use —the Board should take that into consideration. A brick wall is a preference and not an issue
related to whether or not there will be fumes from cars on the site. The petitioner had agreed to
remove the existing fence when the new one is constructed as well as placing trees on the adjacent
property site. If the petitioner would like to work with the adjoining owners to place the fence in
the same location as the existing, if it is an issue of height, the Department would not have
opposition to thatif the concern is how high or how low the fence is. If all parties can agree to
the terms of the fence, The Department would be glad to have it located where the existing fence
is. Double -lap means it is solid —not shadow box—it is board -on -board on two sides of the
structure.
Wayne Haney commented that carbon monoxide is heavier than air and stays close to the ground.
The fumes would be low level.
Wanda Strange, resident of The Maples, asked if the fence would go all the way to the ground.
Steve Hardin said it is the intent of the petitioner to determine the existing fence height between
now and the full Commission meeting, since this is an issue that was raised before the meeting.
The fence is proposed from grade level. Mr. Hardin said the fence would meet the height,
whether mounding would be required or the fence would need to be taller to meet that
requirement. The height of the fence will be a part of the commitments.
Steve Stromquist made formal motion to forward Docket No. 04060033 DP /ADLS,
116 Retail Shops to the full Plan Commission with a positive recommendation,
conditioned upon the City Engineer providing a report with a positive recommendation, and
written commitments from the petitioner that also include the petitioner's capability to audit those
commitments, seconded by Wayne Haney. The vote was 2 in favor one opposed (Chomanczuk)
NO VOTE.
Clarification: Any definitive action by the Committee requires a three -vote majority.
Steve Stromquist then made formal motion to forward Docket No. 04060033 DP /ADLS,
116 /Keystone Retail Shops to the full Plan Commission with a No Recommendation Vote,
along with the City Engineer traffic report and written commitments from the petitioner to The
Maples HOA, seconded by Wayne Haney, Approved 3 -0.
Clarification: Docket No. 04060033 DP /ADLS, 116 Retail Shops will be sent to the
full Plan Commission at its November 16, 2004 meeting with a No Recommendation Vote.
2. Docket Nos. 04030047 DP /ADLS and 04030048 Z:
North Augusta, Sec 1, lots 1Opt -11 and Sec 2, Lot 39:
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My Three Sons Ventures, LLC
The applicant proposes a retail building development and rezoning lot 39 from S-
1 /Residence to Business. The site is located southeast of 97th Street Michigan Rd.
The site is zoned B -2 /Business and S -I /Residence within the US 421 Overlay Zone.
Filed by Chris McComas of Advocati, LLC.
Chris McComas of Advocati, LLC appeared before the Committee representing the applicant.
Dr. Lande was in attendance as well as Paul Lande. The negotiations with the property owner to
the east are on- going; however, the Landes have decided to move forward with the proposed
development. If the Landes are ultimately able to acquire the adjacent real estate, the applicant
will return to the Commission with a revised ADLS for that parcel.
Currently, there are four existing buildings on the site and an aerial photograph of the site was
displayed. One of the existing buildings will be re- skinned; the other buildings will be razed and a
new facility constructed. The new buildings will be two story, retail on the first floor, office space
on the second floor. The owners of the property operate two businesses on this site and those
would be maintained —one is an auto repair shop, the other is Dr. Lande's dental practice. Both
businesses would be permitted in the B -2 zone.
There was concern expressed with a particular tenant. At this time, the building is not tenanted
and the exact use is not known. It could be several tenants on the first floor as opposed to one
large tenant and the auto repair shop. A bank is a possibility for the north end of the existing
building. The florist will probably remain as a tenant and the buildings will be renovated around
that business.
Department Report, Jon Dobosiewicz. This item was tabled last month. Currently, there are five
structures on the property. The building to the east is an existing, single family residence; at the
far northwest corner is the Dentist office. The building that faces 97 Street is a storage building;
the building behind that is the building with retail and the auto repair shop —the longer building.
The idea is to give the Committee a look at the existing uses and what format.
Jon Dobosiewicz commented that the proposed buildings and elevations are a significant
improvement to the site and they very closely meet the intent of the 421 Overlay language. The
proposal does not meet every section of the code, but it is a redevelopment of a sitewe are not
dealing with a green field, we are dealing with trying to "marry up" existing with what is required
in the Overlay. The County Highway Department had comments at TAC regarding access to this
site. The petitioner has met with County Highway in addressing issues regarding access onto 97
Street and its proximity to the intersection as well as the existing and proposed cut. Along US
421, there is an existing driveway that enters the site —this is proposed to be re- located farther
north away from the intersection. Along Michigan Road, there is a raised median that goes ends
at the hotel and traffic can cross -over; however, you cannot exit and go south on Michigan Road.
The plan does reflect the incorporation of the existing S -1 initial lots.
Jerry Chomanczuk requested that the traffic report be made a part of the record.
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Here followed Committee discussion, comments, and consensus.
The orientation of the building will facilitate leaving the Dental practice and auto repair shop in
operation; the houses will be torn down, the new building built, then move the tenants in and tear
down the other buildings. Chris McComas reported that one building is a major re -skin! The
brick on the buildings will match and it will look like it was all built at one time. The roof shingles
are gray asphalt. Regarding access, the site is difficult. However, the petitioner has worked with
the County and the curb cut is positioned with their preference and consent to allow for internal
flow of the traffic. There has been discussion regarding cutting the median back at 97 Street so
that motorists could access 97 Street from either direction without having to go back through
the neighborhood. The petitioner has submitted permits to the State to remove the curb at 97
Street —the State has already said they will turn it down, but the appeal process will be gone
through.
The petitioner has done a traffic report; Jerry Chomanczuk asked that the traffic report be made a
part of the file.
The last major concern is the buffer /fence between the North Augusta neighborhood and the
proposed development. The fence is box and batten, and aesthetically pleasing on both sides —the
neighbor's view is of a nice fence too; landscaping will be at the fence on petitioner's side, in a
planting bed with flowering trees.
Public comment:
Amber Carson -Crane, 97 Street, North Augusta, stated that the proposed development is "a
thousand times better than the existing facility. There was a question regarding one of the
tenants, deemed most undesirable. Are there evergreens in the buffer along 97 Street, or are
they deciduous trees? Also, what will the development look like from the neighboring homes
what will the backside of the development look like? Again, traffic is a major concern as far as
flowing through the residential neighborhood.
Mr. McComas said the back of the development has the bay garage doors, but what the neighbors
would see at an angle from the fence is the front portion. As required by the Urban Forester, both
evergreens and deciduous trees will be planted. Additional buffering is preferred. This plan does
include drive through lanes that load at the back and put traffic out to the front. Again, a bank is
preferred as a tenant, not a fast food restaurant.
Steve Stromquist made formal motion to return Docket Nos. 04030047 DP /ADLS and
04030048 Z, North Augusta, Section 1, lots 10pt -11 and Section 2, Lot 39, My Three Sons
Ventures, LLC to the full Commission (with modifications as presented) with a favorable
recommendation, seconded by Wayne Haney, Approved 3 -0.
3. Docket No. 04080042 DP Amend /ADLS:
Kentucky Fried Chicken /Long John Silver's
The applicant proposed to construct a fast food restaurant building. The site is located at
1331 South Range Line Road. The site is zoned B- 8 /Busienss.
Filed by Ryan Oyster of the GPD Group.
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Ryan Oyster, GPD architecture group for Young Brands appeared before the Committee
representing the applicant. The proposal is for a multi -brand restaurant. New elevations were
presented. The building allows for 35 parking spaces with a drive through stack of 3 to 5.
Department Comments, Jon Dobosiewicz. There is only one final consideration —the ground
sign. The Deparmtent is suggesting that signage for each individual restaurant would be
positioned so that there is an equal amount of room between the side columns and the center
columns on the ground sign. One other suggestion is that the signage size would be 3X6. A
permitted wall sign along the frontage could be 30 square feet. The Department would suggest
that the Committee recommend approval conditioned upon the blade sign being 3X6 as opposed
to 2 t/2 X5. This is really at the petitioner's discretion.
The roof top units include exhaust fans, grease fans, etc. —all on the rooftop. The facility has a
60 -seat capacity inside. The preview board and the menu board are at the back of the building.
The menu board size will require a variance from the BZA and the Department would support
that request.
Jerry Chomanczuk suggested outdoor seating in the warmer months. The proposed facility is a
good look and welcome to Range Line Road. The height of the building is 9 -10 feet —the upper
portion of the building is to give the appearance of a two story.
Wayne Haney made formal motion to forward Docket No. 04080042 DP Amend /ADLS,
Kentucky Fried Chicken /Long John Silver's to the full Commission with a favorable
recommendation, seconded by Steve Stromquist, Approved 3 -0.
4. Docket No. 04080060 DP /ADLS, 116 Street Centre
The applicant proposed to construct two mixed -use office /retail buildings. The site is
located at the northwest corner of 1160 Street and Guilford Road. The site is zoned B -2.
Filed by Joe Calderon of Ice Miller for Equicor Development, Inc.
Joe Calderon of Ice Miller appeared before the Committee representing Equicor Development.
Don Gwinn, Engineer; Craig McCormick, Architects Forum; Steve McVicker, sign contractor;
Mark Zuckerman, and Greg Small were also in attendance.
Joe Calderon responded to comments in the Department Report. The dedication of right -of -way
has been done by Deed from Don Dunkerly, recorded last year.
Jon Dobosiewicz said the dedication should be pursuant to the Thoroughfare Plana 70 foot
one -half right -of -way along 116 Street and a 45 foot one -half on Guilford.
Mr. Calderon referred to the second issue —the request for consistency with the sign program and
colors. Largely, this project will be office use. The petitioner does feel that there may be
instances where there is either national -type tenants —office or retail —and particularly on the
retail side, where client colors or logo or some other trademark might come into play and would
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require additional colors (more than 2) or lose the tenant. One example might be Starbucks —the
logo is green, black and white.
Jon Dobosiewicz responded that a logo is limited to 25 but an individual tenant could always
return to the Plan Commission as an amendment for Committee review only.
Mr. Calderon highlighted the third request that refers to signs. The sign is non illuminated,
oriented towards the interior of the project.
Steve McVicker explained the signage in detail. The signs are visible from the parking /courtyard
area. The sign itself is a solid material that can be put on a router, some of the background can be
cut away so that the letters are raised on it as well as mortar —this allows for greater detail.
The dumpster on the northwest corner will match the brick of the building. The petitioner agreed
to make the doors a little taller and a little shorter for maximum coverage. The dumpster
enclosure will have a limestone cap. The opaque metal screen doors would be matched to either
the dark green color or the color of the metal canopy.
Joe Calderon stated that Access Easements would be provided to the north and the west. The
petitioner is not against connectivity; however the parcel adjoining to the west is the same as the
north —the parcel wraps. It does make sense, given the positioning of the parcel, to have
potential connectivity to the west undeveloped property. For the petitioner to provide and grant
access to the adjoiner and anyone else wanting to drive through the development, there would be
mutually acceptable arrangements as far as cost sharing for maintenance and driveways with
reciprocal easement agreement. There is no benefit seen in providing additional access to the
north, since there is not much width coming off Guilford. Jon Dobosiewicz concurred.
The lighting along the right -of -way on 116 Street is not yet known. The acorn lighting used by
the City is somewhat cost prohibitive. Jon Dobosiewicz commented that what is presented is
perfectly acceptable.
Regarding the landscaping, Joe Calderon reported that Jeff Butz, landscape architect submitted
the plans to Scott Brewer, Urban Forester. At this time, the landscape architect is awaiting final
comments.
Joe Calderon reported that the petitioner met with the Woodpark residents and received their
comments. As yet, no formal response has been submitted to their request, but a response is
promised for Monday —the first of next week.
Bob Bishop, president of Woodpark HOA, reported no concerns with this project other than one
major issue. There are three residents that face 116 Street on the southwest corner and because
of line -of- sight, they will be looking into the building proposed and also looking at traffic on 116
Street —those particular homes are elevated slightly. The brick wall along 116 measures 43
inches from ground to the cap except for the corner where the intersection moves from 1 16 into
Guilford Road south, then the Subdivision Sign, lighted, and 6 feet tall, although it is a short
section. The brick wall is aesthetic, but no practical use. The proposed development greatly
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diminishes their privacy and reduces the value of the homes. What has been discussed is a wall, 7
to 8 feet tall it would be a sound as well as a sight barrier; the residents would prefer not having
a vegetation barrier.
Pat (last name Woodpark Resident, appreciates the traffic light at 116 and Guilford and echoed
Bob Bishop's comments. Issues are noise, traffic headlights, safety, privacy and home values.
Joe Calderon agreed to look at the wall, although has reservations as to ability of the petitioner to
extend height of wall. The wall is masonry and it would be potentially difficult to remove the
caps, redesign and extend the wall. The petitioner will propose additional buffering on their
property to help mitigate their concerns. Some of the concerns probably are not attributable to
this development. The petitioner will do his fair share. The office use will not be bright and loud
noise and heavy use. There is some flexibility for retail use, but the parking lot behind the
building will not cast a lot of light on the Woodpark neighborhood.
Jon Dobosiewicz commented about the wall. The wall is the homeowners association
improvement. It is the desire of the HOA to protect property values within the neighborhood,
and perhaps the HOA would step forward and match in some assistance in creating a more
appropriate screen today for those residents who live along 116 Street. There should be a
reasonable decision made regarding the wall prior to the full Commission meeting.
In response to questions from Jerry Chomanczuk, Mr. Calderon said the window treatment is
clear glass specified, not usually tinted. Currently, the petitioner is anticipating clear, insulated
glass—no signs—no decals, etc. on the glass.
Steve Stromquist made formal motion to forward Docket No. 04080060 DP /ADLS, 116
Street Centre to the full Commission with a positive recommendation, conditioned upon
modifications made tonight by the Committee, seconded by Wayne Haney and approved 3 -0.
5. Docket No. 04010021 ADLS Amend, Woodfield Subdivision (ADLS Amendment)
The applicant seeks approval for the removal and replacement of entry monuments (signs)
and landscaping
The site is located at Gray Road and 146 Street. The site is zoned S -1 /Residential.
Filed by Robert Christianson.
Bob Christianson, 5133 Woodfield Drive, resident of Woodfield Subdivision appeared before the
Committee representing the Woodfield HOA. Approval is being requested to remove and replace
entry monument signs and the landscaping. The entry monuments are quite old and decayed and
the walls are crumbling. The original entry and monument is Woodfield Drive, north on Gray
Road, approximately 142n and Woodfield Way entering from the north, about one quarter mile in
from Gray Road on 146 Street. Both locations have walls existing with signage.
The intent is to demolish the walls. The berm on 146 Street is essentially a sound barrier. The
walls are being replaced in natural stone with concrete cast caps and water table line; 48 -inch
square, tapering slightly to a 40 or 38 inch column with a two -foot cap on top.
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There are easements in place where the walls and signage are located. The landscape design was
created by Salsbury Brothers and it is hoped that grading can be done this fall for the signs and
landscaping done in the spring.
Department Comments, Jon Dobosiewicz. The Department is happy with the design.
Jerry Chomanczuk was concerned about the height. Mr. Christianson responded that the pillars
on either side are approximately 7 1 /4 feet —the top of the light fixture on either end of the wall is
approximately 6 feet tall -no landscaping room at all, since it is about 12 inches behind the
existing sidewalk.
Steve Stromquist made formal motion to approve Docket No. 04010021 ADLS Amend,
Woodfield Subdivision (ADLS Amendment), subject to the lights being shielded to reduce
glare, seconded by Wayne Haney, APPROVED 3 -0.
6. Docket No. 040100022 ADLS Amend, Goddard School (ADLS Amendment)
The applicant seeks approval for a new lighting plan. The site is located at 10445
Commerce Drive. The site is zoned B -5 /Business.
Filed by Jim Peck of Civil Designs, LLC
Jim Peck appeared before the Committee representing the applicant. A new lighting plan is being
requested for the Goddard School at 10445 Commerce Drive. At this time of year when children
are being dropped off at school in the morning and evening, it is really dark. The petitioner is
requesting poll lights in the parking lot, controlled by timers, so they are not lighted all the time.
Department Comments, Jon Dobosiewicz. Jon suggested that the timers on the two poles to the
east and the one that is solidly between the building and residential, might create a visibility issue.
Actually, timers on all three would be the best.
Mr. Peck agreed to install timers on all three pole lights, set to operate 5:30 AM to 8:00 PM.
Originally, there were wall packs on the sides of the building; however, there are 3 or 4 can lights
at the entry, none on the sides of the building.
Steve Stromquist made a formal motion to approved Docket No. 04010022 ADLS Amend,
Goddard School (ADLS Amendment), seconded by Wayne Haney, APPROVED 3 -0.
7. Docket No. 040100027 ADLS Amend, Parkwood East Smith Barney
The applicant seeks approval for a new wall sign. The site is located at 800 East 96
Street. The site is zoned PUD.
Filed by Blair Carmosino of Duke Realty Limited Partnerhsip
Steve Granner appeared before the Committee representing the applicant. The applicant is
seeking approval for a wall sign on the new, single Parkwood Eight building, east of College.
There are two signs on an existing building that faces the interstate —one is Katz Sapper on the
east end of the north facade and Pearson's on the west facade. As part of the rezone for the
PUD, there are up to 6 signs permitted, "lower level," 60 square feet each on the west, south, and
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east facades. Before the Committee this evening is one of those "lower level' signs. There is also
a variance on file for a lower level sign being 26 feet maximum height. The applicant is requesting
approval to install the sign between the second and third floors.
Department Comments, Jon Dobosiewicz. The Department is requesting that the sign would be a
day /night -plex —black during the day and illuminated white at night—identical to the other two
signs already installed on this building. The Department recommends approval, subject to the
modified design. This item also requires BZA approval.
Steve Stromquist moved for approval of Docket No. 040100027 ADLS Amend, Parkwood
East Smith Barney, subject to the design as modified this evening, seconded by Wayne Haney,
APPROVED 3 -0.
ADD -ON ITEM:
Kool Planet Awning Co. (Docket No. 040100024 DP /ADLS Amend)
Matt Darby, Kool Planet Awning Co. appeared before the Committee on behalf of Frame Makers,
506 South Range Line Road. The proposal is for a new sign and awning, a purple fabric base for
the sign with light, creme color letters.
The awning is a basic, shed -style awning, four feet in height, two -foot projection, and an 8 -inch
ridge of balance. The letters are creme color (Frame Makers, and Art Framing).
Department Comment, Jon Dobosiewicz. Jon suggested the awning run across the entire
building.
Mr. Darby said they were trying not to draw attention to the off -set area and allow the awning to
make the building look more centered. The awning will face Range Line Road.
Steve Stromquist moved for approval of Docket No. 04110001 ADLS Amend for Kool Planet
Awning Company, seconded by Wayne Haney, APPROVED 3 -0.
There being no further business to come before the Committee, the meeting was adjourned at
10:05 PM.
Jerry Chomanczuk, Chairperson
Ramona Hancock, Secretary
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