HomeMy WebLinkAboutMinutes PC 07-20-041,1`I y G`'`y of Cq,9y C ity
CARMEL PLAN COMMISSION
July 20, 2004
Minutes
The regularly scheduled meeting of the Carmel Plan Commission met at 7:00 PM on July 20, 2004 in
the Council Chambers, City Hall, Carmel, Indiana. The meeting opened with the Pledge of
Allegiance.
Members present: Leo Dierckman; Dan Dutcher; Wayne Haney; Mark Rattermann; Rick Ripma;
Steve Stromquist; Susan Westermeier.
The minutes of the June 22, 2004 meeting were approved as submitted.
The Department of Community Services was represented by Mike Hollibaugh, Jon Dobosiewicz, and
Adrienne Keeling.
F. Communications, Bills, Expenditures, Legal Counsel Report
John Molitor announced that the Second Renewed Commitment had been received from Earlham College.
The commitment continues the moratorium on any development or regulation/changes for the property
owned by Earlham until the end of September.
G. Reports, Announcements, Department Concerns
Jon Dobosiewicz reported that the petitioner for item 2i. requested Tabling until the August meeting. The
Department would like to request that item 2j, Alexandria, be moved forward on the Agenda so that it can
be heard with items 6h and 7h.
H. Public Hearings
lh. Docket No. 04030042 Z: Townhomes at Guilford PUD
The applicant seeks to Rezone approximately 9.5 acres from R -1 /Residence to
PUD /Planned Unit Development. The site is located at 1224 S. Guilford Road.
Filed by Dave Sexton of the Schneider Corp. for Pittman Partners, Inc.
Steve Pittman, 370 Sander Court, Carmel appeared before the Commission representing Pittman
Partners. Dave Sexton of Schneider Engineering was also in attendance.
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Currently, the property is the site for four existing residences located at 1210, 1224, 1236 and 1310
Guilford Road. The subject site is located east and adjacent to the Meridian Technology Center,
north of 116 Street and adjacent to approximately 20 acres owned by 6 different property owners,
south and adjacent to the Lenox Trace Condominiums, west of and adjacent to Guilford Road and
property owned by Cinergy /PSI. The property is bounded by 116 Street to the south, Guilford
Road to the east, Carmel Drive to the north, and College Avenue to the west.
The current proposal is for a Planned Unit Development that will minimize the impact of commercial
use to the west and south with a townhome product consisting of 90 units that complements the
high- density condominiums to the north. The challenge has been to integrate different uses, provide
a "for sale" product that the market place will support, and complement the neighboring uses. The
townhomes will be built by Pulte Homes and feature an all brick front elevation, similar to the
Townhomes at Hazel Dell and West Clay. The proposal includes courtyards that will provide open
space and vistas for the residents. Significant landscape buffer is being provided at the perimeters as
well as access to the south in the event of future development.
The entry wall will be positioned at the entry- boulevard within the median, constructed of cast stone
caps with limestone sign insert. The light fixtures are "Washington- style" post and acorn- frosted top
in addition to the coach lights placed at the front door and garage. The mail box plan and street lights
were identified.
The townhome elevations of the four, front buildings facing Guilford Road have rear entry garages.
The entire front of the building is brick, again, with the coach lights mentioned. Some of the
buildings have front entry garages and are positioned on the interior of the development. Some of
the buildings have brick and hardy -plank (no vinyl siding.)
The average sale price of a townhome is anticipated at $200,000 with a range from $170, to $250's.
The townhomes will be grouped in buildings of 5 or 6 units; the square footage will range from 1700
to 2100 square feet.
Members of the public were invited to speak in favor of or opposition to this petition; no one
appeared and the public hearing was closed.
Department Report, Jon Dobosiewicz. This proposed development lies south of Lenox Trace and
south and west of a project reviewed previously this year by the Plan Commission, another
townhome development on the east side of Guilford Road. This is an item the Commission will
ultimately be forwarding a recommendation on to the City Council. Attached with the PUD
Ordinance will be elevations and information submitted by the petitioner and reviewed by the
Commission this evening. The Department recommends this item be sent to the Subdivision
Committee as an Ordinance for further discussion. Special Study Committee members are invited to
forward their comments to the Department for channeling to the Subdivision Committee.
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Leo Dierckman questioned the stub street at building 92 that appears as though it goes to Lenox
Trace; is this a requirement?
Steve Pittman responded the street is to serve the units in that building. The understanding is that
there would be a continuation, if necessary, if the property to the south were developed.
Mark Rattermann expressed concern with guest parking. Mr. Pittman said that each unit has a two
car garage and space for two cars behind the garage. The PUD Ordinance also provides 23 external
spaces in addition to unit parking.
Docket No. 04030042 Z, Townhomes at Guilford PUD was referred to Subdivision Committee for
further review on August 03, 2004.
2h. Docket No. 04050039 PP: Glen Oaks Subdivision
The applicant seeks to plat a residential subdivision of approximately 51 lots. The
petitioner also seeks the following subdivision waiver:
Docket No. 04050040 SW SCO 6.5.1 minim lot frontage
The site is located on West Rd, just north of West 131 st Street. The site is zoned S-
I /Residence Estate.
Filed by Dave Barnes of Weihe Engineers for Langston Development.
Jim Buddenbaum, attorney, 10 West Market Street, 1600 Market Tower, Indianapolis, appeared
before the Commission representing the applicant. Also present, John Edwards, Langston
Development, and Dave Barnes, Weihe Engineers.
Glen Oaks Subdivision will consist of 51 lots on 42.7 acres located on West Road, immediately north
of West 131S Street. The homes will begin in the $600,000 price range. There will be fencing along
the main boulevard into the Subdivision. The proposal provides for tree preservation except where
the trees are "scrub." There is an existing pond at the southern portion of the real estate that will be
expanded and improved and will act as a retention pond. There will be a pond on the northern part
of the parcel that will be added by the petitioner. A substantial amount of open space includes
pedestrian walkways and paths throughout the subdivision. This subdivision is being developed
under the Residential Open Space Ordinance; additional open space is being added to meet the
ROSO requirement.
The woodlands on site consist of 11.5 acres of young woodlands as defined under the Ordinance.
The remaining 6.7 acres contains "scrub" trees. One of the variances is for the clearing of up to 40%
of the woods; the petitioner does comply with the Ordinance. Scott Brewer has been on the site and
is in agreement with the clearing proposal.
A variance is also being sought regarding the frontage. 50 feet is required under the Ordinance. Lots
22 and 23 are actually two of the largest lots within the Subdivision and a shared drive is proposed
rather than installing a cul -de -sac and unnecessarily clearing trees for only two homes.
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The petitioner has met with all of the utilities companies and there are no problems.
Members of the public were invited to speak in favor of or opposition to this petition; no one
appeared and the public hearing was closed.
Department Report, Jon Dobosiewicz. The Department spent a considerable amount of time with the
petitioner in helping them understand what information was needed for submission to the Plan
Commission to ensure a successful request that the Department would support. Some issues are still
being discussed with some of the utilities companies; depending on the outcome, the petitioner may
want to withdraw his request for a waiver. Hopefully, this will be resolved prior to the Committee
meeting. The Department is recommending this item be forwarded to the Subdivision Committee on
August 3r for additional discussion.
Dan Dutcher's concern was to address the tree preservation with regard to where the specific
building will take place.
John Edwards, Langston Development, reported that a pre construction conference will be held on
each lot and Vine and Branch will be in attendance.
Leo Dierckman recommended that a representative of Vine and Branch attend the Subdivision
Committee meeting on August 3r to respond to questions.
Docket No. 04050039 PP, Glen Oaks Subdivision, was referred to the Subdivision Committee for
further review.
3h. Docket No. 04050045 PP Amend: Cherry Creek Estates
The applicant seeks to amend the initial primary plat to be 353 total lots on 174
acres The site is located southeast of Hazel Dell Pkwy and Cherry Tree Rd. The
site is zoned S -1 /Residence -ROSO.
Filed by Dennis Olmstead of Stoeppelwerth Assoc. for Platinum Properties, LLC.
Paul Rioux, President of Platinum Properties appeared before the Commission representing the
applicant. Request is sought for an amendment to the plat of Cherry Creek Estates, initially approved
in early 2003. The petitioner is seeking to add 31.5 acres to the existing community. The property is
located just east of Cherry Tree Road. Adjacent to the east is vacant farmland owned by Connor
Prairie; to the southeast is the Dale Klingensmith property, contract seller for the majority of the
property. To the north are two residencesLunik and Smalstig properties; to the south on the south
side of the Boulevard is intended to be constructed with Cherry Creek property—already owned and
platted by Platinum Properties.
The request this evening is to add 80 additional home sites to the existing community. The builder,
Pulte Homes, expects to build ranch homes —empty nester product, from $250,000 to $350,000.
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The homes would be a continuation of the product available today in Cherry Creek Estates.
Currently, the homes are selling very well and have encouraged Platinum Properties to seek the
opportunity to expand.
The petitioner states he is in compliance with the ROSO Ordinance and is seeking no waivers or
variances at this time. The petitioner has met with the property owners to the north and has drafted a
series of commitments concerning fencing, utilities extension, and provision to maintain the existing
tree line along the north boundary of Cherry Creek Estates property. There is some road
improvement work to do; a new boulevard has been started and will continue across the property to
the eastern-most boundary and at some future date will extend to River Road. A secondary entrance
is being provided as well as a connection to the boulevard to the south.
Remonstrance: Unfavorable
Lynn Lunik, 14350 Cherry Tree Road
Barry Smalstig, 14320 Cherry Tree Road
Mr. Lunik and Mr. Smalstig's property jointly form the northern boundary of Cherry Creek Estates.
A letter was submitted from these two persons citing 6 areas of concern. Some of the concerns listed
a permanent fence that is to be under the sole care and maintenance of the HOA of Cherry Creek
Estates; concern for the existing tree line during construction and heavy equipment and the
maintenance of the tree line containing mature trees. Mr. Lunik and Mr. Smalstig requested that the
petitioner extend stubs to sewer and water of suitable size and location for potential hookups to the
three property parcels adjoining proposed section six. The sewer and water service stubs are allowed
north, 10 feet beyond the aforementioned fence, for future hookups to be made. An additional
concern is the small size of the lots proposed for section 6. If another builder or developer were to
bring in a lower quality product rather than the homes currently proposed by Pulte, Mr. Lunik and
Mr. Smalstig reserve the right to remonstrate. The current, deteriorating condition of Cherry Tree
Road due to heavy construction equipment is also a concern.
Dottie Brisley, 14558 Cherry Tree Road, stated concern with truck traffic and bulldozers that tear
up the existing road. No one enforces the "No Construction Traffic." Signs were posted, but they
were knocked down.
Jim Edwards, 14226 Cherry Tree Road, was concerned with access to the new boulevard to the
south.
*Note: Public Hearing remains open for public comments at Committee level.
Rebuttal:
Paul Rioux said he had received a copy of the comments from Mr. Lunik and Mr. Stalstig and Mr.
Rioux was in agreement with commitments in the letter. The only exception is that the road issues
need to be worked through with the City of Carmel. As far as commitment for the fencing,
maintenance of the tree line, protective fencing for mature trees, etc., these are the result of
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cooperative discussion to date with Mr. Lunik and Mr. Stalstig and the concerns can be
accommodated. The access for the boulevard to the south will not go through the existing farm (the
Klingensmith property that contains the barn, horses, etc.) The boulevard will be to the east, in the
field behind the Klingensmith property.
Jon Dobosiewicz requested that the petitioner provide a copy of landscape plan and entry features for
review at the Committee meeting. The Department also requests a letter that would address roadway
improvements on Cherry Tree Road, a County Road. The City Thoroughfare Plan identifies Cherry
Tree Road proceeding due south from where it angles to the west and connecting with the road
provided within Cherry Tree Estates. If the City were to make a major improvement on Cherry Tree,
it may include the construction of a new roadway segment south through the Klingensmith
property—so far, that is not under design. However, the petitioner has indicated a willingness to
look at Cherry Tree Road and determine whether money might be better spent on a new segment or
installation of a curb on the center island of the roadway currently installed within the Cherry Creek
development.
Jon Dobosiewicz said he had received calls from the adjoining neighborhood to the north, and any
information the petitioner can share with them regarding proposed improvements would be advisable.
Of special note is an existing cemetery on this site. The petitioner, through maintenance of the
common area, would hopefully do something above and beyond in identifying the cemetery through
new fencing, etc., so that it might be better maintained currently there is no upkeep of the cemetery.
Commission members requested that a representative of Pulte Homes be in attendance at the
Subdivision Committee to address the Cherry Tree Road situation. A "blow -up" of the proposed
section of Cherry Creek Estates was also requested for Committee review as well as copies of an
aerial of the area.
Docket No. 04050045 PP Amend, Cherry Creek Estates was referred to the Subdivision
Committee for further review on August 3, 2004.
4h. 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 with offices at One Indiana Square, Suite 1800, Indianapolis appeared before
the Commission representing the applicant. Also in attendance: Dan Barkhaus and Mike Carrico,
Lauth Property Group; Tom Jolley, architect; and David George, American Consulting Engineers
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The subject site is located on the west side of US 31, north of the Ritz Charles and ADT property.
At the corner of site is Spring Lake Estates and to the north is the Williams Creek Farms Subdivision.
To the north of the site is an existing, stand -alone office building, and to the north of that is a small
shopping center that is close to the intersection of Carmel Drive and US 31. The property is located
just to the north of development under way Clarian Heart Hospital. The site consists of 9.071
acres, the south two thirds of the property is currently zoned B -6, and the northern one -third of the
site is currently zoned B -3. The petitioner's request for a medical/office building is consistent with
both the B -6 and B -3 zoning classification.
The property is within the US 31 Overlay Zone. The proposed building is a rectangular- shaped,
medical office building containing 88,902 square feet. Parking is located to the west of the proposed
site and provides parking for 378 vehicles -356 parking spaces are required. The area north of the
proposed building will be preserved in its existing, wooded state. The driveway providing entrance
to the site is located at the southeast corner of the site from the frontage road —the sole means of
ingress /egress currently proposed.
The proposed building will incorporate architectural, pre -cast glass and architectural, metal panels,
reddish -brown and buff creme in color consistent with the color rendering shown. In the center of
the site is a portico driveway entrance into the building. There is a sign proposed on the front face of
the building with back -lit, individual letters. The building height at the parapet wall is 49 feet; the
building height to the tower at the center of the building is 57.3 feet. There are transformers and
trash enclosures proposed at the southeast corner of the building, totally enclosed and constructed of
the same building materials; these will be fully integrated into the design of the building.
From a utilities perspective, the building will be served by Indianapolis Water, sanitary sewers are
Clay Township Regional Waste District. The exterior lighting in the parking lot to the west consists
of eight (8) light poles, each with a dual -arm, for a total of 16 full cutoff fixtures, directed downward.
The light poles are 22 feet in height, plus the fixture for a total of 25 feet. When photo- metrics are
considered, the lighting will be one -foot candle at the property line and in many cases, zero -foot
candle. Floodlights are proposed to shine upward on all four sides of the building —this represents
the total exterior lighting proposed. The signage, in addition to the sign located on the building, is
one, ground- mounted sign proposed for location along the driveway. The ground sign is low- level,
proposed on the north side of the southeast entrance into the project.
The landscaping and greenspace proposed is in addition to the wooded area that will be preserved as
a part of the development. An arborist has reviewed the wooded area and deemed it not significant;
the conclusion was that there are multiple, invasive species that do not have a good landscape value.
Most all of the property has existing foliage that is shrubbery and thicket -like, the tree species are
poor and the timber species are poor, however, it will be preserved at this point. The total
greenspace ratio is 15% and greenspace provided totals 27,442 square feet. The landscaping
proposed is a combination of deciduous and non deciduous landscaping with particular emphasis on
the boundaries of the property and incorporates both bushes and trees.
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Members of the public were invited to speak in favor of the petition; no one appeared.
Members of the public were invited to speak in organized opposition to the petition; the following
appeared:
Zeff Weiss, attorney, 3400 One American Square, Indianapolis, said his comments may not be
characterized as unfavorable, but rather wanting to flush out an issue. Mr. Weiss represents Greg
Small, also present this evening. Mr. Small owns one of the homes situated behind the subject site, to
the west in Williams Creek Farms. The issue relates to the probability that US 31 will be changed to
a limited access highway. The present frontage road, indicated as the access point for the Medical
Pavilion, will also be eliminated and all of the traffic for this building and the second building will be
directed to future extension of Illinois Street. The concern is a major diminution in property value
for the taking of property for Illinois Street —not only for Mr. Small's property but all homes in the
Williams Creek Farms neighborhood. Mr. Weiss recommended discussion at the Committee level on
how Illinois Street could be moved to the south for the least amount of financial impact on the homes
in Williams Creek Farms. Most lots in Williams Creek Farms are subject to covenants requiring the
lots to be used for residential purposes only. The opposition is not to development, but rather
ignoring the consequences of this particular development down the road.
Note: The public hearing will remain open on this item to allow input at the Committee level.
Rebuttal: Mike Cook said the petitioner does not control or know where the Illinois Street alignment
will be —the engineering has not yet been done. Mr. Cook requested that focus be maintained on the
proposed development —all else is unknown.
Department Comments, Jon Dobosiewicz. Jon suggested that Zeff Weiss and a representative of
Lauth get together and schedule an appointment with the City Engineer. There are three issues here.
One is the petitioner who has a development plan that complies with the Ordinance; the second issue
is that future growth on this site would require an extension of Illinois Street and there is uncertainty
as to the location of Illinois Street. There are two property owners with different views on the most
appropriate location for Illinois Street, and they control real estate where the road will go. It is
suggested that the property owners get together with the City Engineer and administration and come
to some resolution —not that it would impact or affect the review or approval of this particular
petition. However, it is anticipated that Lauth or some owner would return at a future date and
propose a second building on this property. As to whether or not structured parking would be
needed or expansion of the parking lot to the west is decided at a future date, it is not appropriate as
review criteria for this particular development. Access needs to be provided to Illinois Street from
this parcel, whether or not there is a petition in front of us today. Again, the petitioner needs to get
together with Mr. Small's attorney prior to the Committee meeting.
Note: The City Urban Forester is to inspect the wooded area and make a determination of the
quality of the trees and conservation measures.
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Docket No. 04050053 DP /ADLS, North Meridian Medical Pavilion was referred to the Special
Study Committee for further review on August 3, 2004.
5h. Docket No. 04050048 DP Amend:
North Haven, Block D, lots 1 -2: CP Morgan Buildings 2 3
The applicant seeks approval to build two office buildings. The site is located at the
northwest of 96th Street and Gray Rd. The site is zoned R -5 /Residence.
Filed by Blair Carmosino of Duke Construction for CP Morgan Communities, LP.
Blair Carmosino, Duke Construction, 600 East 96 Street, Suite 100 appeared before the
Commission representing CP Morgan. The site is the location for two new office buildings that will
mirror the original building. A two -foot parapet wall will screen rooftop units. The rooftop units
will be adequately screened from Gray Road and North Haven.
The current request is a change in the original footprint of the building and simply rotating 190
degrees —the dimensions of the units have changed slightly.
Members of the public were invited to speak in favor of the petition; no one appeared. Members of
the public were invited to speak in opposition to the petition; the following appeared:
Remonstrance /Unfavorable
Don Bottamiller, 9800 North Gray Road, property owner directly to the south stated his main
concern was drainage. Mark Boyce with CP Morgan had promised that raising the property to the
north of Mr. Bottamiller would allow the site to be mowed. This has not been done and the property
is basically left in a condition where it cannot be mowed. The property should have been re- graded
and put back in such a state that it could be mowed. Mr. Bottamiller said he resides in a two -story
structure and will be looking down on the proposed buildings. Originally, the design provided for
five smaller buildings. Mr. Bottamiller said he was not necessarily objecting, but did want to take a
look at the plans.
The public hearing was then closed.
Blair Carmosino undertook to meet with Mr. Bottamiller and discuss the issues prior to Committee.
Docket No. 04050048 DP Amend, North Haven, Block D, lots 1 -2, CP Morgan Buildings 2 3
was referred to the Special Study Committee for further review on August 3, 2004.
Note: 6h, 7h and 2j were heard together.
6h. Docket No. 04050051 Z: Alexandria of Carmel Edward Rose Rezone
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The applicant seeks approval to rezone a property from OM /SFA- Single Family
Attached to OM/MF- Multifamily. The site is located southeast of Pennsylvania Street
and 131 st Street.
Filed by Paul Reis of Drewry Simmons Pitts Vornehm for Edward Rose Properties,
LLC.
7h. Docket No. 04060020 ZW: Alexandria of Carmel
The applicant seeks zoning waiver approval from:
Docket No. 04060020 ZW Chapter 20G.5.2(D)3 all -brick elevations
The site is located southeast of Pennsylvania Street and 131 st Street.
Filed by Paul Reis of Drewry Simmons Pitts Vornehm for Edward Rose Properties,
LLC.
Paul Reis, attorney, 8888 Keystone Crossing, Suite 1200, Indianapolis, Drewry, Simmons
Vornehm appeared before the Commission representing the applicant. Mike Gorman, Steve
Hormann, and John Houchin of Edward Rose Properties were also in attendance.
In 2003, Edward Rose Properties received approval for the development of a 250 unit multi family
project on 17 acres of land on the subject site. When the Old Meridian District was established, the
property lines were not taken into account in the master plan for the area. As a consequence, this
particular parcel, primarily owned by Manor Care, was split into two different districts. One district
was multi family -the second district was the single family- attached district that was to be located
adjacent to the Grand Boulevard proposed in the area. The approximate right -of -line of the Grand
Boulevard north to Main Street will eventually run southeasterly to Old Meridian Street.
The re -zone process is from single family attached district to multi family and was begun last year
(approximately 4 acres.) During the course of development and approval for the rezone, the
petitioner contemplated the addition of some additional property. At the time, it was determined that
the best way to proceed was to withdraw the request for rezone and resubmit at a later date.
The current submission and proposal is believed to enhance the development of single family attached
on either side of this parcel.
The Architectural Design, Lighting, Landscaping and Signage proposal is also being presented for
this corner of Main Street and Pennsylvania. The intent of the rezone is to accomplish the goals of
the Old Meridian District, one of which is to have the high quality, consolidated development in the
area. This proposal will allow an effective use of the property and will consolidate the entire
development while leaving some additional land for future development.
The Hodson parcel is located directly at the intersection of Main and Pennsylvania Street. The
development of this particular parcel is that it will allow the corner to be developed consistent with
the development that was approved last year. There will be Streetscape along Pennsylvania as well
as the extension of the Streetscape along west Main Street. The Streetscape does complement the
existing project.
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A color rendering was shown of the landscape plan for this particular parcel. The landscaping is
identical and uses the same scheme as previously approved for the remainder of the project. The plan
includes street trees, the path, sidewalk along the street, and the required landscaping inside the
parking areas in accordance with the requirements of the Ordinance.
The design of the buildings is identical to the prior development. The primary siding is brick —other
materials consist of cement fiberboard for the trim areas and a portion of the rear elevation and well
as wood columns. One waiver being requested has to do with the brick. This particular zone
classification requires the siding to be 100% brick. The petitioner is requesting that the rear elevation
use a cement fiberboard or the "hardy board." The hardy board is believed to be consistent with the
overall design. This particular waiver was granted last year in connection with the remainder of the
development and provides for a nice contrast with the brick without any detriment to the area.
There is no signage for this particular portion—it is all located on other parts that have been
approved previously. The lighting is consistent with the remainder of the project streetscape
lighting,
Members of the public were invited to speak in favor of this petition; no one appeared. Members of
the public were invited to speak in opposition to this petition; the following appeared:
Remonstrance, Unfavorable
Bob Swift, 1335 West Main Street stated the proposed development is on his west property line.
Mr. Swift was concerned with drainage and overflow from the retention pond. Mr. Swift is
downstream, and the water runs off a hill, breaks, and goes both directions. The water runs under
Main Street, follows Catherine Drive underground, then into an open ditch. Drainage has been a big
problem in this area. The drainage will severely impact the area.
Rebuttal: Mr. Reis said that at the time the project was approved last year, Mr. Swift had expressed
those same concerns regarding drainage. Those comments have been taken to heart. The Technical
Advisory Committee studied, reviewed, and approved the drainage calculations. There will be no
drainage impact on Mr. Swift's property. The calculations have been made that this particular
retention pond is sufficient to not only handle the original, approved development, but also the
rezoned area and the addition of the Hodson parcel. Mr. Reis deferred to the Department, but felt
that the drainage had been adequately addressed.
Department Comments, Jon Dobosiewicz: The Department will discuss the drainage with the City
Engineer and request information for inclusion in the packets for the August 3r Committee meeting.
The property that is the subject of the Zoning Waiver and ADLS approval is zoned Old
Meridian/Multi- Family. The Comp Plan for that area calls for just that, and the property is currently
zoned for that development. The building elevations presented this evening are identical to the
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elevations that the Plan Commission previously approved for the remainder of the subject site. In
addition, the area that is subject to the rezone was forwarded by this Commission to the City Council
by a vote of 9 -1 (October 2002) and subsequently withdrawn by the petitioner. The Department has
worked with the petitioner to come up with a design that the Department feels is appropriate for this
area (where the two zones would intersect.) Ultimately, it is the decision of the City Council as to
whether or not the rezone is appropriate. The proposed site plan provided under the rezone would
return to the Plan Commission for ADLS review and approval, if approved by City Council.
There was one other issue that involved dedication of right -of -way along Main Street as well as
Pennsylvania. There is the potential for a round -about to be placed at Pennsylvania and Main Street.
As shown on the petitioner's site plan, they have allowed for this corner to remain open so that a
determination can be made on what right -of -way is necessary to accommodate whether it is a
signalized intersection in the future or a round about. We just need to come up with some sort of
resolution that both the City and the petitioner can agree to prior to final action by the Plan
Commission.
Note: Paul Reis stated the petitioner will dedicate the necessary right -of -way on 131S Street and
Pennsylvania Street consistent with the requirements of the City of Carmel Thoroughfare Plan. The
proposed round -about has not yet been designed nor has it been added to the Thoroughfare Plan. At
the time the design of the round -about is completed, the petitioner will enter into discussions with the
City of Carmel concerning the dedication of real estate.
In response to questions from Mark Rattermann, Mike Gorman, Edward Rose Properties, 7901
Crawfordsville Road, Indianapolis addressed the Commission and stated the rent structure for this
development is approximately $770 for a one bedroom up to $1,200 for a three- bedroom apartment.
Docket Nos. 04050051Z, 04060020 ZW, and 04050052 ADLS, Alexandria of Carmel were referred
to the Special Study Committee for further review on August 03, 2004 in the Caucus Rooms of City
Hall.
8h. Docket No. 04050028 DP /ADLS: Walnut Creek 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.
May Solada, attorney with Bingham McHale, 2700 Market Tower, 10 West Mark Street,
Indianapolis appeared before the Commission on behalf of Duke Realty. Also in attendance: Cindy
Scambri, Senior Vice President, Duke Realty; Tom McLaughlin, pre construction Manager; Richard
Ferran, Vice President, Duke Development Retail; Bren Davis, CSO Architects; Greg Ewing, Land
Planner with Bingham, McHale; Matt Brown, A F Engineering; and Greg Snelling, Wolpert
Assoc.
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The property consists of 41 acres located in the 9900 block of Michigan Road. Originally, the
petition was filed under the name Walnut Creek Marketplace. Upon request of the Department, the
name of the proposed development has been changed to West Carmel Marketplace.
The existing Super Target is to the north of this site; the frontage lot is developed with the 5/3 Bank;
to the south is the New Augusta Subdivision; to the northeast is the Ashbrook Subdivision; south of
Ashbrook is the Spring Arbor Subdivision. The Speedway Gas Station located at the corner is not
included in the proposed development, nor is the Porter Paint Store. The proposed retail
development is seen by the petitioner to be consistent with the Comprehensive Plan. Three buildings
are proposed as part of this phase development. The primary building will have a maximum of
154,000 square feet and five tenant spaces, similar to Barnes Noble or Linens `N Things.
Duke Realty does control the remaining ground to the south of the proposed development.
However, that land is not the subject of any current land use petition. Duke is currently assessing
what an appropriate use of the property may be. Separate public hearing petitions would need to be
filed on the ground to the south, and that land is not under consideration this evening.
Access: The major access point is Retail Parkway to the immediate north. There is a signal for
Target at this location for in/out traffic. A second access point is 99 Street; a third is Commerce
Drive to the rear of the main building. 99 Street is a public street and identified on the
Thoroughfare Plan to ultimately connect to Commerce Drive through Michigan Road, westward to
Mayflower Parkway, then to 96 Street. This is intended to be a major thoroughfare that will loop
and take some pressure off Michigan Road. The petitioner is proposing one right in/right out curb
cut along Michigan Road at the southern portion of the site. Currently, seven (7) curb cuts exist.
The petitioner will be paring these down to one curb cut; two of the curb cuts are on Speedway and
Porter Paint, and the petitioner does not control those curb cuts.
Matt Brown, A F Engineering, 8365 Keystone Crossing, Indianapolis addressed the Commission
regarding the Traffic Study. The study proposes a signalized intersection at 99 Street. The traffic
proposal has been submitted to the City of Carmel for its review as well as review by INDOT. The
scope of the study extends north to 106 Street and includes Retail Parkway and all proposed access
for this site, including the 99 Street access and the one right in/right out to the south and would
extend south to 96 Street. In addition, the study also looked at the effect of the proposed
Commerce Drive extension to 96 Street. The general study looked at the entire area. The traffic
generated looked at the AM peak hour, the PM peak hour with typical state and city guidelines.
Traffic counts were done last month as well as varying capacity analysis and progression analysis that
looked at synchronizing the signals from 96 Street to 106 Street. Future intersection
improvements were also included that were programmed by INDOT within the next year or two at
106 Street and Michigan Road.
The general conclusion of the traffic study was threefold. One is that per State guidelines, and per
the trip generations, a traffic signal would be warranted at the proposed main access drive. In order
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to better serve traffic from the proposed development and to keep traffic moving on Michigan Road,
a right turn lane is recommended along the subject site from the south serving the right in/right out,
and continuing all the way to the signalized drive. There will be a small, acceleration taper from the
right in/right out. At the signalized drive, a left turn lane is proposed that will serve southbound, left
turn traffic into the site. A three -lane section serving Duke's development along the access drive will
probably end up with a left turn lane or right turn lane and at least one in -bound lane.
With the proposed traffic improvements and with some of the development able to use Retail
Parkway, the traffic could serve the proposed development, the existing development, and meet
acceptable levels of service at the driveways acceptable to Carmel guidelines and State guidelines.
Ms. Solada further noted that the building is largely masonry, attractive, Georgian -style with masonry
and stone on all sides with ornate, storefront architectural features. The design is a step -up when
considering the detail; it is extremely attractive.
A number of variances have been filed. Those are for foundation plantings along Commerce Drive;
access to individual tracts; signage; facade projections; and vertical lines as opposed to horizontal.
The Department has done an excellent job of studying both the big picture and the final detail of
appearance and signage.
Members of the public were invited to speak in favor of the petition; the following appeared:
Remonstrance /Favorable
Bill Armstrong, (Fishers resident) representing Guaranty Properties, Ltd., owner of two acres on the
northeast corner of West 98 Street and Michigan Road. Supports the development, and would like
to work out an extension of the frontage road (Walnut Creek Drive) to 98 Street. The frontage
road, in part, crosses the real estate owned by Guaranty Properties. Guaranty Properties is also
willing to work with the petitioner on any drainage issues that may exist in this area.
Remonstrance /Unfavorable
David Small, 3755 Pendrake Court, president of Ashbrook Homeowners Association, expressed
several concerns. Ashbrook Subdivision lies adjacent to the retention ponds of the building proposed
by Duke Realty—Ashbrook would be affected by both ponds. The HOA has met with Duke and
tendered a letter containing 9 specific concerns. A copy of the HOA letter expressing concerns was
distributed to the Commission members. Mr. Small was hopeful that the concerns could be
addressed through direct negotiations with Duke Realty. However, as of today, the issues are
unresolved and those concerns are being submitted to the Commission.
Anita Meller, 10304 Boslow Drive, Spring Arbor resident, same concerns as previous speaker.
Any significance to the name change?
Frank Macree, 10243 Tammer Drive, Spring Arbor HOA Board, shared concerns previously stated.
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Charles Bunes, 3802 Lattice Court, Spring Arbor, shared same concerns as Ashbrook; drainage,
privacy, aesthetics, flooding, safety factor (open ponds and small children) to name a few.
Amber Carson, 3722 West 98 Street, North Augusta neighborhood, shared issues regarding
drainage, interference of wetlands, possible impact on existing wells and septic, light
spillage /intrusion into their neighborhood.
Comments on the name change? Will discuss at Committee.
Remonstrators are to put their concerns in a letter and submit to DOCS prior to Committee.
*Note: The public hearing is to remain open on this item.
Rebuttal: Mary Solada referred to the wetlands situation. Prior to Duke's involvement, possibly the
developer of the Spring Arbor neighborhood removed a number of trees about 4 or 5 years ago.
Duke desires to create a natural wetlands area shown on the plan. The only realistic location for site
drainage is the ponds. The ponds have been very carefully engineered at this location to create the
least amount of disruption to the wetlands. From an aesthetic standpoint, it is probably best to break
it into a number of ponds. At any rate, it looks attractive. The area to the immediate east of
Commerce Drive is zoned commercial, for office. It is important that the record reflect a step -down
from retail/office to residential —that zoning has been in place a long time.
Department Comments, Jon Dobosiewicz. The Department submitted lengthy comments in writing
to the Plan Commission. Some of the major points are as follows. Many of the homes in the
adjacent subdivision are two -story homes. The parapet walls do not adequately screen the rooftop
air conditioning units on the buildings shown. The Department is requesting that the petitioner take
additional measures to screen those units. Based upon the two -story homes in the adjacent
neighborhood, the Department suggests that the elevation of the height on the parapet wall be
adjusted to a height to screen the rooftop units. The Department has also asked the petitioner to
provide architectural relief on the north and south of the buildings, both adjacent to public streets.
There are similar comments and concerns regarding the `B" shop buildings as proposed by the
petitioner.
Regarding wall signage, the petitioner is requesting variances to permit signage that is approximately
two and one -half times that which is permitted under the Ordinance. For the record, the Department
is not supportive of this request and asks the Plan Commission to weigh in from an aesthetic
perspective on what they deem appropriate on the building elevations for individual tenants on the
building. The Department asked the petitioner to make additional commitments and the Department
will also be requesting the BZA to attach conditions to any approval to limit the color on the signs.
Regarding ground signage, the petitioner is proposing an overall dimension and height that far
exceeds the Ordinance limitations and is something the Department is not comfortable with; this is an
issue the Committee should spend a lengthy amount of time in discussion. The Department has no
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issues with Ground Sign `B" and actually prefers the use of this sign. Sign issues will be discussed at
the Committee level.
Regarding lighting, the cut sheets show building- mounted lighting that is not to the satisfaction of the
Department. Fixtures should provide 90- degree cut -off, since this site in many areas is adjacent to
residential. The Urban Forester is meeting with representatives of the petitioner on an on -going basis
regarding the landscaping. There are a few additional areas that need to be addressed, but that
process is moving fairly well.
The Department's remaining comments are regarding access to the site. The Department has been in
discussion with the County Highway Department and continues to express its interest and desire to
see Commerce Drive extended to 96 Street. The petitioner's traffic study and information provided
identify scenarios that provide the basis for Commerce Drive to be extended to 96 Street. The
petitioner is in support of the Department's position in regard to this request. The Ordinance for the
City of Carmel provides for the closure of all driveway cuts along State Road 421 Michigan Road.
This particular property has direct access to Retail Parkway. The area that is identified as future
development is included in the traffic study; the traffic counts generated, based on the use, are
utilized to suggest that a traffic signal at 99 Street adjacent to and servicing this development is
perhaps necessary. It is evident that Retail Parkway can be modified to provide adequate access to
this site under the terms of the traffic study—we have yet to be convinced that an additional signal on
Michigan Road is necessary to service this location. While every commercial development along
Michigan Road would love to have a signal at their entrance, there are more considerable and
important regional traffic issues to consider when deliberating the need for an additional signal. The
Department has not yet been provided significant evidence to offer a recommendation to the Plan
Commission and ultimately the BZA.
There were questions from the Commission regarding the clearing of trees in this area.
Cindy Scamri of Duke Realty, 600 East 96 Street, Indianapolis explained that at the time Spring
Arbor was being developed, a sale was negotiated for a portion of the property. When it was
discovered that there were wetlands on the property and it could not be disturbed, the sale was
dropped. The seller did not believe the discovery of the wetlands and one Saturday morning,
bulldozed all of the trees going through the stream and the wetlands and was promptly noticed by the
neighbors. The Sheriff was notified and ceased the operation of the bulldozer; the appropriate
authorities were brought in and there is, in effect, on that property, a cease and desist order and a
requirement that it be reforested and left alone forever. That is why the current proposal provides for
the ponds as designed—to completely avoid the wetlands to the rear of the property. The stream is
blueline jurisdictional —and will not be touched. The vegetation will also be left alone. There are
on -going discussions regarding the placement of a fence and the wetlands will be respected.
Mark Rattermann had further questions regarding the traffic study and requested historical data.
Matt Brown further clarified the traffic study. With the projections shown 10 years out, with future
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development and a 3% per year growth rate, there is 30% additional traffic over a ten -year period. At
106 Street and Michigan Road, the intersection is not failed or level F taking into account future
geometries from INDOT —two through -lanes north/south, right turn lane, and a left turn lane.
Jon Dobosiewicz said that the Department had hired John Myers to help evaluate the traffic report.
John Myers will be available at the August 3r Committee meeting.
Docket No. 04050028 DP /ADLS was referred to the Special Study Committee for further review on
August 03, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
9h. Docket No. 150 -02b OA:
Amendments to the Carmel/Clay Zoning Ordinance Patch #4
The petitioner seeks to add new provisions to and make several corrective
amendments to the Zoning Ordinance.
Filed by the Department of Community Services.
Adrienne Keeling appeared before the Commission representing the Department of Community
Services. The Patch 94 Ordinance makes minor language changes and clarification together with
organizational changes. New language has also been added and the Ordinance flows easier and the
Chapters are consistent.
Section F. a. beginning on page 54 will be removed in its entirety due to an unresolved issue with the
State and will be addressed separately so as not to hold up the entire Ordinance.
A vote on this item this evening does not require a Suspension of the Rules.
Dan Dutcher reported for the Subdivision Committee. A substantial amount of time has been spent
reviewing the Patch 94 Ordinance and with the guidance of the Department, the Committee agreed
unanimously to pass this on to the Commission.
Mark Rattermann made formal motion to forward Docket No. 150 -02b OA, the Patch 94 Ordinance
to the City Council with a favorable recommendation, seconded by Rick Ripma, Approved 7 -0.
I. Old Business:
li. Docket No. 04040041 DP /ADLS: Bauer Commercial Park- Tom Wood
The applicant proposes a automotive inventory parking lot. The site is located at the
southeast corner of Bauer and Marie Drives. The site is zoned B -3 /Business.
Filed by Larry Lawhead of Barnes Thornburg.
Larry Lawhead, attorney, Barnes Thornburg, with offices at 8900 Keystone Crossing and 11
South Meridian Street, Indianapolis appeared before the Commission representing the applicant. The
applicant appeared before the Special Study Committee for review and received a favorable
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recommendation. The project is located at the corner of Marie and Bauer Drive, immediately north
of the Mercedes dealership along 96 Street.
There is no access to this site by the public and no signage or lighting for this site. There is a
retention pond on site; no variances are being requested. Per the request of the Department, the plan
has been modified to include a 5 -foot green strip and also move the sidewalk; there is now a 5 -foot
sidewalk and a 5 -foot green strip along both roads. ADA ramps have also been added at the corner
of Marie and Bauer Drive at the northwest corner of the site.
It is the understanding of the petitioner that all issues and concerns have been addressed.
Mark Rattermann reported for the Committee. The inventory lot is definitely needed to alleviate the
parking of cars on the grass. The Committee voted in favor of this development.
Mark Ratterman made formal motion to approve Docket No. 04040041 DP /ADLS, Bauer
Commercial Park, Tom Wood, seconded by Wayne Haney, APPROVED 7 -0.
2i. Docket No. 04040040 DP /ADLS: Carmax, Lot 2 Steak n Shake
The applicant proposes a restaurant with a drive -thru. The site is located on the
northwest corner of 96th Street and Gray Rd. The site is zoned B -3 /Business.
Filed by Mark Monroe of Drewry Simmons, Pitts Vornehm.
Tabled to August
3i. Docket No. 38 -93 Z, Recertification of Rezone Request
The Department of Community Services request that the Plan Commission vote to
allow the recertification of a previously made recommendation to the City Council.
The request is to rezone the subject property from S -1/ Residential to B -7 /Business
within the US 421 Overlay Zone. The site is located at the northeast corner of West
96 Street and North Augusta Drive.
Filed by Ramon Stair.
Jon Dobosieiwcz, Department of Community Services, appeared before the Commission and
explained the need for the re- certification of the rezone request. This particular case is somewhat
unique. This petition for rezone was made in 1993; however, after receiving a unanimous favorable
recommendation from the Plan Commission, the petitioner failed to progress to the City Council. Up
until this time, when the petitioner came to the Department to request a change in the property, the
rezone change went unnoticed by the Department.
The Department is requesting that the Plan Commission re- certify a recommendation to the City
Council so this item can be officially forwarded to the Council. As this item approaches the Council,
the Department requests that the Council look favorably upon this request and grant the rezone
petition. This request is based on the previous recommendation made by the Plan Commission and
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the fact that the petitioner has been acting in a manner consistent with the B -7 zoning that was
recommended by the Plan Commission in 1993.
Mark Rattermann made formal motion to ratify the previous action of the Plan Commission taken in
1993 on Docket No. 38 -93 Z, and forward a re- certification to the City Council together with a
favorable recommendation, seconded by Rick Ripma and APPROVED 7 -0.
J. New Business
1j. Docket No. 04050046 ADLS: Greyhound Commons, Phase II Fox Hound
The applicant seeks approval to build a restaurant building. The site is located
southeast US Highway 31 and 146th Street. The site is zoned PUD /Planned Unit
Development.
Filed by Blaine Paul of American Consulting, Inc.
David George, American Consulting appeared before the Plan Commission representing the
applicant. Also in attendance: Drake Waldo, Fox Hound, and Christy Angel, architectural firm.
Greyhound Commons is located south of 146 Street and east of US 31, south of Lowe's Home
Improvement store. The Fox Hound restaurant will be a part of Greyhound Commons, Phase II.
The building will be landscaped around the perimeter. The exterior of the building will be brick and
stone; part of the roof will be a slate looking material.
Department Report, Jon Dobosiewicz. This item has been to the TAC committee twice —once with
the original phase II area that identified four building pads, and again as a part of this particular
petition. As a side note, the area to the south will be appearing before the BZA next week due to a
request to reduce the required amount of parking. The number of spaces provided is 222.
Docket No. 04050046 ADLS, Greyhound Commons, Phase II, Fox Hound was referred to the
Special Study Committee for further review on August 3, 2004 at 7:00 PM in the Caucus Rooms of
City Hall.
2j. Docket No. 04050052 ADLS: Alexandria of Carmel
The applicant seeks approval for multi family buildings. The site is located southeast
of Pennsylvania Street and 131 st Street. The site is zoned OM/MF Old Meridian
Multi- Family.
Filed by Paul Reis of Drewry Simmons Pitts Vornehm for Edward Rose Properties,
LLC.
See Item 6h under Public Hearings.
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Docket No. 04050052 ADLS, Alexandria of Carmel was forwarded to the Special Study
Committee for further review on August 03, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
There being no further business to come before the Commission, the meeting was adjourned at 10:25
PM.
Leo Dierckman, President
Ramona Hancock, Secretary
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