HomeMy WebLinkAboutMinutes PC 08-17-041,1`I y G`'`y of Cq,9y C ity
CARMEL PLAN COMMISSION
August 17, 2004
Minutes
The regularly scheduled meting of the Carmel Plan Commission met at 7:00 PM on August 17, 2004
in the Council Chambers of City Hall, Carmel, Indiana. The meeting opened with the Pledge of
Allegiance.
Members present: Stephanie Blackman; Jerry Chomanczuk; Leo Dierckman; Dan Dutcher; Wayne
Haney; Dianna Knoll; Mark Rattermann; Rick Ripma; Madeleine Torres; Susan Westermeier.
The Department of Community Services was represented by Mike Hollibaugh, Director; Jon
Dobosiewicz, Adrienne Keeling.
The minutes from the July 20, 2004 meeting were approved as submitted.
F. Communications, Bills, Expenditures, Legal Counsel Report
John Molitor, Legal Counsel, reported that the Leeper Electric litigation has been settled and
concluded that the City is required to compensate Leeper Electric for the taking of the property at
the northeast corner of US 31 and 131 st Street, approximately 4 one -half acres. The final judgment
is $1,120,000 plus interest from the date of the taking, late 2000. The City Council is working on
an appropriation of that amount and the City will then become the owner of this parcel of real
estate until such time as the property is sold or the State of Indiana decides to take it in connection
with the US 31 improvement project.
G. Reports, Announcements, Department Concerns
Jon Dobosiewicz reported that Docket No. 04040040 DP /ADLS, Carmax, Lot 2, Steak `n Shake
has been officially Withdrawn.
The Department is requesting that an item be added at the end of the Agenda. The item is an
ADLS Amendment for Guilford and Main Plaza and was reviewed earlier this year by the Plan
Commission. Upon seeking a Building Permit Application, it was noted that the petitioner has
made changes to the elevations previously approved by the Commission. The Department is not in
opposition to those changes; however, those changes do need to be reviewed by the Plan
Commission.
Stephanie Blackman made formal motion to add Guilford and Main Plaza to the Agenda for this
evening, seconded by Dan Dutcher and Approved 10 -0.
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H. Public Hearings
1h. Docket No. 04060029 PP: LongRidge Estates
The applicant seeks to plat a residential subdivision of approximately 180 lots on
127.57± acres. The petitioner also seeks the following subdivision waivers:
Docket No. 04060030 SW SCO 7.02 open space requirements
Docket No. 04060031 SW SCO 6.04.01 block length
The site is located on southeast of West Rd and 141st Street. The site is zoned S-
1 /Residence Estate.
Filed by Dennis Olmstead of Stoeppelwerth Associates for Pittman Partners.
Steve Pittman, 370 Sander Court, Carmel appeared before the Commission representing Pittman
Partners. Also in attendance was Neal Smith.
LongRidge Estates is located at 13800 Shelborne Road, east and adjacent to West Road; north and
adjacent to Claybourne; south and adjacent to 141S Street; and west of Shelborne Road. The
primary plat provides for 180 lots on approximately 127.5 acres and a sports field exhibit that will be
dedicated to the Carmel Dad's Club.
The real estate is irregular in shape, consists of four different properties, and is contiguous with
Shelborne Road, West Road and 141S Street. The western property line is adjacent to West Road
and undeveloped real estate. The southern property line is adjacent to Claybourne and undeveloped
real estate. The east property line is adjacent to Shelborne Road and undeveloped real estate. The
northern property line is adjacent to 141S Street and undeveloped real estate.
The site is zoned S -1 /Residence Estate and allows for one unit per acre with 15% open space. The
proposed plan contemplates 1.41 units per acre or 180 home sites with 31.6% open spacea total of
40.356 acres of open space. Based upon the amount of open space, a density of 1.25 units per acre is
allowed -160 home homes. The petitioner is requesting a density incentive to provide for
construction of a state -of -the -art sports park. The open space is designated as natural open space,
designed open space, and ponds. A typical home site has an approximate minim dimension of
100'X60' and a range in lot size from 14,152 square feet to over 30,542 square feet —well over one
half acre, with an average lot size of 16,185 square feet —over one -third acre.
A ten -foot (10') multi -use asphalt path will be installed along 141S Street, Shelborne Road, and West
Road. Additional paths are included that will provide connectivity from West Road through common
areas and connecting into Claybourne and eventually connecting into the sports field and Shelborne
Road, eventually crossing the street into Stanford Park and Mark Herrmann fields. The plan
contemplates a first- class, residential entryway with significant landscape, masonry walls, and
wrought -iron fencing.
The proposed sports field will consist of approximately 10 acres (not owned by the petitioner) and
will provide for three Lacrosse fields and 106 paved parking areas. The area will be fully landscaped
with irrigation and a drainage system.
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The homes will consist of brick and Hardy plank, and a commitment is being made that there will be
no vinyl siding. It is anticipated that the average sales price will be in excess of $400,000. The plan
incorporates the strategic use of open space in order to conserve land and provide a develop -ment
that is complimentary to the surrounding properties.
Remonstrance /Favorable:
Brad Little, Executive Director with the Carmel Dad's Club, spoke on behalf of the Board of
Directors and 6500 families involved in the Dad's Club program that now offers eleven sports. This
year, upon completion of fall registration, it is anticipated that more than 10,700 children will play a
sport with the Carmel Dad's Club this year. In the past three years, the Carmel Dad's Club has
simply run out of space, not only to play games but to also practice. This season, there are 953
children playing football. The Dad's Club is thrilled to be considered for the proposed athletic park,
and the Dad's Club is hoping the Plan Commission will give serious consideration to this proposal.
Remonstrance /Unfavorable:
Debbie Winchester, 13881 Shelborne Road, (across the road and slightly north of the proposed
development) shared her main concerns. The increase in density was already counted when
Claybourne was developed. This looks like "double- dipping" and a way to get around adding the
additional open space required by the Ordinance to increase the density. There is no problem with
the development as it is. However, Steve Pittman said if he did not count this green area as a part of
his greenspace, there would be twelve (12) less homes in the development. There are concerns in
that the fields are being termed "multi- purpose fields" which means they will be used more than one
season per year. The speed limit on Shelborne Road in this area is 50 mph and the trucks in this area
are very dangerous— safety is a major concern. Rather than allowing the traffic out of the
development onto Shelborne and 141S Street, the money put into the fields should be used to
improve West Road.
Marsha Henry, 13850 Shelborne Road, just north of the proposed development, whose south and
west property lines completely border the northeast side of the proposed development, has road
frontage on Shelborne and is the proposed decel lane. Ms. Henry said that when she and her husband
purchased the property, it was 5 -acre minimum lots and minimum road frontage. Since that time, the
area has been re -zoned to S -1 residential without consent of the property owners (no voting rights.)
Last year, the area was annexed into Carmel City limits. 67 acres across the street were rezoned to
R -2 and R -4 properties, and three football fields for Carmel Dad's Club were installed as greenspace
for approximately 200 home sites. The proposed development allows for 180 home sites on 127
acres. Needless to say, there is a home and traffic explosion in the viewing distance. The Henry's
are happy that the area will remain S -1 residential and that the prices of the homes are reasonable.
The Henry's are not happy to see the extra 12 homesites being added for funding of Lacrosse, soccer
fields on property next to the proposed development and waiving the greenspace requirements for
public rather than private use of the neighborhood. Tree preservation is request on the northeast
corner of the proposed development. Currently there are mature trees that were planted
approximately 15 years ago and the Henry's would like to see those trees remain intact. In addition,
the Henry's would like to request that the sidewalk along the north side of the road near their
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their property not be built. The Henry's have equestrian property and there is concern for the safety
of their horses as well as people. The sidewalk would pose safety and privacy issues and the Henry's
are currently working with Steve Pittman to build additional fencing, landscaping, and berms for the
required safety and privacy. Little or no lighting is desired or if deemed necessary, down lighting
would be requested. An additional concern is drainage, and Mr. Pittman has assured the Henry's that
drainage onto their property will not occur. No proposals have been offered the neighbors to include
them in City water and septic systems, and this may make it cost prohibitive to hook -on in the future,
and when would that be? A final concern is traffic and the current speed limit of 50 mph. With the
proposed development, the traffic situation will only worsen.
Paul Kluxton, 4502 West 141S Street, voiced main concern as traffic. Who will be improving the
traffic flow on West Road and when? Also, where will the sewer service come from?
Rebuttal: Steve Pittman referred to the traffic and off -site road conditions and said that like all of the
developers, he would work with the Department and pay for their share of off -site road
improvements and provide funds to make the improvements happen. The big issue is the Lacrosse
soccer fields. The plans ask for a density of 180 home sites in order to pay for the fields; as a part of
that, there will be expensive homes, brick and Hardy -plank materialsin exchange for that, fields are
being built for the community. The Comprehensive Plan names the Carmel Dad's Club a community
asset. Development will occur, with our without the ball fields. A set of commitments is being
worked out, similar to Stanford Park; Steve Pittman said he would continue to work with the
neighbors.
Department Comments, Jon Dobosiewicz. The Department has requested that the petitioner provide
commitment regarding Ordinance required road improvements. These commitments will be provided
prior to the Committee meeting and available for review. The Department has concerns regarding
commitments made on the fields —hours of operation and restricting lighting. In addition, the
Department would like to comment on some comments made by the public.
The property on which the Dad's Club fields will be constructed is open space that was approved as a
part of Claybourne Farms Subdivision. There was no commitment along with the open space within
Claybourne Subdivision that fields would be constructed and dedicated to the Dad's Club for public
use. The area was dedicated to meet the open space requirement so that Claybourne could get a
specific amount of lots within their development and meet Ordinance requirements. The current
proposal is to provide the ball facilities for the use of the Dad's Club. There is no commitment aside
from that to make available to the Dad's Club and construct those fields for the public use.
Safety was listed as a concern and those are things that the Department wants to see the petitioner
address. The Board of Zoning Appeals will have an opportunity to review the proposed Lacrosse
fields as a Special Use application. An additional petition similar to the petition filed for the Dad's
Club facility in an adjoining neighborhood will need to be filed, and those issues will be addressed by
the BZA. Additional notice will be served to area residents on those issues.
There was a comment from the public regarding a five -acre minim lot size. Since Carmel has
expanded its zoning jurisdiction to include this area, (30 plus years ago) there was no five -acre
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minim lot size. Regarding safety along the roadways, the Department has encouraged all
developers, including Mr. Pittman and his group to contact adjacent property owners and solicit their
interest and input on providing paths across those lots that are not included in subdivisions. When
properties develop, there are gaps that exist and the Department has met with a spoken with the
public about those issues. Because they have off -site road improvements, the developer is being
encouraged to purchase right -of -way on adjacent sites and also provide the 10 -foot asphalt path
across properties that are already developed; otherwise, those improvements would not occur. It is
hoped that the petitioner and the public will be able to come to some sort of resolution on the
sidewalk.
Mark Rattermann questioned the ownership of the additional acreage where the ball fields would be
located.
Jon Dobosiewicz clarified that Corby Thompson owns the acreage and has agreed to dedicate the
space to the Dad's Club. Complete information will be made available to the Committee prior to the
meeting.
Dan Dutcher asked that the exact extent of the Subdivision Waivers be submitted in black/white for
ease and simplicity to better evaluate the situation; also an Open Space Schedule as proposed with
fields and the alternative, without fields would be helpful.
Docket No. 04060029 PP, LongRidge Estates, and allied Subdivision Waivers were forwarded
to the Subdivision Committee for further review on September 9, 2004 at 7:00 PM in the Caucus
Rooms of City Hall.
2h. Docket Nos. 04060035 OA and 04060036 Z: Village of WestClay
The applicant seeks to amend their PUD ordinance. The applicant also seeks to
Rezone 30 acres from S -1 /Residence Estate to PUD Planned Unit Development. The
site is located at 131 st St and Towne Rd.
Filed by Brandon Burke of The Schneider Corp, for Brenwick Development Co.
George Sweet, President of Brenwick Development Company, appeared before the Plan Commission
representing the applicant. Tom C. Huston, Chairman and Partner of Brenwick was in attendance as
well as Keith Lash, Vice President of Operations for Brenwick; David Warshuer, attorney, Barnes
Thornburg; Bruce Russell, President of St. Andrews Consulting Service, developer of Senior
Housing on a national basis.
George Sweet gave a brief history of the Village of WestClay. The current request is to amend the
PUD Ordinance to allow additional uses and modify the language to comply with the new uses and
rezone 30 acres from S -1 /Residence Estate to PUD Planned Unit Development.
The demographics of Carmel and the north side of Indianapolis are changing and there is a greater
demand for high -end, senior housing. Senior Housing is felt to be compatible architecturally and
form another component to the inter- generational aspect of the Village. Also proposed is a retail
component. The uses on the 30 acres are generally allowed in the Village Center, but the challenge is
to incorporate those uses and maintain the architecture of a 19 Century Village.
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The Village is currently approved for 2 units per acre or 1372 units. Because of the Senior Housing
and other proposed modifications, the density is increased to 2.6 units per acre for 716 acres. To
date, 647 units have been sold or 47% of the units currently allowed. However, due to the fact that
this was opened when the wealth effect started down, the prices have been slightly lower. Now, the
estate homes are starting to come back because people are not as concerned with the stock market.
The value of the project currently in place is approximately $230 million. The average single- family,
detached residence —not apartment, not townhomeis approximately $630,000. If this proposal
were approved and modifications in place, the build -out would exceed $925 million. There are
approximately 170 acres of open space dedicated for active or passive parks.
The proposed Senior Housing is a 3 -story structure that will look like townhomes; there will also be
an assisted living area. The center portion of the structure houses the dining room and some of the
service facilities. There will also be Villas, and the proposal fits the entire garden texture.
The existing fountain at the meeting house will offer a streetscape view of Gleebe Street, through
the Senior Housing and townhomes to another fountain, then, with a 45 degree turn, a view all the
way up through 30 acres.
Remonstrance /Favorable:
None
Remonstrance /Unfavorable:
Tom Neal, 2555 West 131 Street and wife Cindy, owners of 32 acres, and representing Laurel
Lakes. Main Concerns: Size of buildings (3- stories) and location of buildings —the architectural
design masks the use in the center of the property which is senior housing. The proposal is so large
that it resembles a high school and is quite massive. Mr. Neal requested consideration of two stories
rather than 3 stories across Towne Road on the west side —much more compatible with residential.
The Laural Lakes neighborhood that looks north on Town Road would agree that they cannot see
over the massive buildings. The architectural amenities are very charming, but they mask the impact
of 100,000 square feet of commercial use. Carmel is not lacking for shopping opportunities, and
there is a reason they are not in the center of residential property.
Vladimir Zukerman, 13255 Roma Bend, submitted a letter signed by 9 homeowners of The Lakes
at Hayden Run expressing the following concerns. 1) Close proximity of commercial will diminish
values of residential properties. 2) The proposed development will create an unsafe environment for
children and families. 3) Increased traffic will bring pollution and increase noise levels along with
traffic congestion on adjacent streets. 4) The proposed retail will not solve the problem with the lack
of shopping centers in the area. IF the rezone were granted, the homeowners would strongly insist
that Brenwick erect a solid brick or stone wall at least 8 feet high between proposed development
and The Lakes at Hayden Run.
John Smith, 3885 West 131 Street, opposed the initial rezone for the Village of WestClay several
years ago. The petitioner promised to preserve the residential character of the neighborhood—Mr.
Smith is opposed to the commercial/retail. Mr. Smith asked that the Commission not allow the
proposed development.
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*Note: Public Hearing Remains Open on this Docket
Department Comments, Jon Dobosiewicz. The written report reflects information to be furnished
to the Committee by the Petitioner in order to expedite discussion of the PUD modifications. Those
items include 1) The policies with regard to neighborhood serving commercial areas. 2) A matrix of
the proposed growth policies in the residential community areas that call out character, buffering
requirements, and qualities of the adjacent uses. 3) The criteria to be used by the Plan Commission at
the adoption of the Comprehensive Plan in reviewing proposals for neighborhood commercial areas.
Rebuttal: David Warshauer, attorney, 11 South Meridian Street, Indianapolis. A written response to
the Department Comments regarding the 20/20 Vision Comprehensive Plan, specifically with respect
to neighborhood commercial, was distributed to the Commission members. Mr. Warshauer reminded
the public that at the time the initial proposal was presented, some of the public said this will not
work, the public will not accept it, Brenwick cannot carry it out, and it will look bad. All those
people were wrong. This development is unlike anything else, not only in the Indianapolis area but in
the State, and people come from all over the country to take a look at this development. This is not a
developer without a track record —this is a developer with a substantial investment in this area
already.
Regarding the petition filed by the Lakes at Hayden Run residents—in terms of close proximity, the
site plan shows a 20 -foot landscape buffer yard immediately on the Hayden Run property line, the 35
single- family Village lots (row 70) between the Lakes at Hayden Run and the commercial area. With
the commercial in the center area, it would be detrimental to Brenwick to construct anything that
would adversely affect the 35 residential home lots for sale. The 35 lots would stand between retail
development and the houses at Lakes at Hayden Run. It is difficult to understand how the proposed
development would be unsafe. There is no connection between the Lakes at Hayden Run and the
proposed construction, buffered by residential. The traffic impact has been addressed in the report; it
could be addressed again if required. Brenwick will also provide the fence buffer.
In respect to Mr. Neal's comments, Brenwick believes the integrity of the process has been satisfied.
Mark Rattermann had several questions and requested building elevations on the Village homes
proposed to the west of the commercial area.
David Warshauer clarified "Village -type homes" as attached, single family homes with small lots
served by alleys to the rear of the homes —owner occupied, not rental or HPR. The current,
underlying zoning of the northwest corner is S -1 /Residential, and at this time, is not proposed as a
"TIF" district. The modification of the 2.6 units per acre does include the commercial land on the
northwest corner in the overall density calculations.
There were commitments made in 2002 with respect to the outer lane of Towne Road and the
Development Plan reflects those commitments. Brenwick would like to work with the City and the
City Engineer to prioritize improvements to 131 and Towne Road, whether there is a round about,
etc. A copy of the commitment will be furnished to the Committee.
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Dan Dutcher's main concern was that the current proposal would not under -mine the Village
concept. A lot of proposals would not work in the Village.
Docket Nos. 04060035 OA and 04060036 Z, Village of WestClay were forwarded to the Special
Study Committee for further review on September 9, 2004 at 7:00 PM in the Caucus Rooms of
City Hall.
NOTE: Mark Rattermann made formal motion to move the Committee meeting in September
from the 7 th to September 9 due to the Labor Day holiday, seconded by Dan Dutcher and
Approved 10 -0.
3h. Docket No. 04060032 PP: The Lakes at Towne Road
The applicant seeks to plat a residential subdivision of approximately 54 lots on
40.39± acres. The site is located on southwest of Towne Rd and 136th St. The site is
zoned S -I /Residence Estate.
Filed by Dennis Olmstead of Stoeppelwerth Associates.
Sheldon Phelps, 4773 Austin Trace, Zionsville, Towne Road Properties appeared before the
Commission representing the petitioner. Also in attendance: Ryan Thomas, Towne Road Properties,
and Michael Miguel of Remax Plus.
The property is located just north of 131S Street and Towne Road, south of 136 Street, currently
dead ending but will be extended through this development. The property is south of Lakeside Park
and east of The Lakes at Hayden Run.
The primary plat provides for 54 single family residences on 40 acres. The property is currently
zoned S -1 Residential, 1.0 units per acres, and point 3 units per acre density incentive. 3 0. 1 of the
development is platted as Open Space (15.8 acres). The lots are generally 95 feet wide and 130 feet
deep. The square footage runs from about 12,000 to 32,000 per lot.
There is a trail system throughout the property that will connect to the existing trail system in The
Lakes at Hayden Run. In the center of the property, a gazebo is proposed as passive recreation. The
project will be developed in two phases —the first phase will consist of 26 lots to the northern part of
the property; the second phase will complete the development. Mr. Phelps stated that the proposal
meets all of the requirements of the S -1 Zoning Classification under the Residential Open Space
Ordinance. No waivers or variances are being requested.
Members of the public were invited to speak in favor of or opposition to the petition; no one
appeared and the public hearing was closed.
Department Comments, Jon Dobosieiwcz. The Department has no additional concerns other than
that listed in the report. The petitioner has agreed to provide the Department with a copy of the
commitment for roadway improvements prior to the Subdivision Committee meeting. As indicated,
the Glen Oaks subdivision terminates the construction of the extension of 136 Street at West Road.
Glen Oaks Subdivision and another listed on the Agenda for this evening would complete the
connection of the collector roadway from Towne Road to West Road, approximately two and one-
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half miles. An up -dated connectivity exhibit will be provided to the Commission members. The
Department is recommending this item be sent to the Subdivision Committee.
Dan Dutcher noted the absence of a landscape plan. The petitioner undertook to get it to the
Department as soon as possible.
Docket No. 04060032 PP, The Lakes at Towne Road was referred to the Subdivision Committee
for further review on Thursday, September 9, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
4h. Docket No. 04060027 PP Amend Little Farms Addition, replat of lots 31 -33
The applicant seeks to replat 3 platted residential lots into 9 lots. The site is located
northeast of E. 104th St. and Ethel St. The site is zoned R -3 /Residence.
Filed by Chris Badger of Badger Engineering for Carmel Development LLC
Chris Badger, Badger Engineering, 117 West Elm Street, Lebanon 46052 appeared before the
Commission representing the applicant. The site is located northeast of 104 Street and Ethel Street
within the Home Place District. The existing zoning is R -3 /Residence. The three lots (31, 32, and
33) are proposed to be re- platted into 9 lots. There is a proposed buffer along the north and west
sides. The property will be serviced by Indianapolis Water, sanitary sewer by Clay Regional Waste
District, and storm sewers will be County regulated and connect to a legal drain west of the property.
Currently, there is no sidewalk or curb in this area; however there are roadside swales. No curb is
proposed along 104 or Ethel, but curbing and sidewalks are proposed throughout in the cul -de -sac
and sidewalks are proposed along 104 and on Ethel. The right -of -way will be increased from 16 t /2
feet to 20 feet the setbacks are requested to be 25 feet in lieu of the 30 -foot requirement. The tree
preservation is currently under way —the trees have been marked and the surveyor will pick them up
so that the landscape plan can be completed. The existing trees will be used where available.
A 3% increase in the lot coverage is also being requested and that assumes that 3200 square feet
would be covered. There is an existing well and house on lot 33; the well will be capped and the
house will be demolished.
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
Angela David (and husband) 10421 Ethel Avenue had concerns with drainage, traffic, aesthetics,
and property value decrease due to loss of trees on the wooded lot.
Gary Cantrell, 10445 Ethel Avenue, east of the proposed development, was also concerned with
drainage situation.
Pat Robinson, property owner at 10423 and 10425 Ethel Avenue, was concerned with drainage and
the proposed street. The street directly aligns with Mr. Robinson's property and headlights from
passing cars will shine into the bedrooms of the double Mr. Robinson owns. Mr. Robinson suggested
that the proposed lot be rotated 90 degrees —this would also increase the ability to properly drain the
property. Mr. Robinson was also concerned with property values.
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Bob Watson, 1215 East 104 Street, said his main concern is the drainage— perhaps it could be
solved with a retention pond.
Rebuttal: Chris Badger said the property had been laid out several different ways; the current
layout is the most advantageous for the lot. The lot size is based mainly on the zoning and the fact
that there is sewer service. All of the drainage will be handled through the County and there will be
underground detention. All of the water on the property will be detained and then routed to the legal
drain.
Note: Jon Dobosiewicz asked that the petitioner meet with the neighbors who spoke this evening
regarding traffic lights and look at landscaping that would help mitigate. Also, the petitioner was
asked to provide the Committee with a copy of the review letter from the County Surveyor's Office
and any additional information regarding drainage.
Department Comments, Jon Dobosiewicz. The Department has no outstanding concerns. Regarding
the lot sizes, the petitioner is not asking for any waivers, only flexibility in the way of variances to
allow homes to be positioned on the lot in such a manner that would allow for the most preservation
of trees on the lots. The Department is recommending the petitioner meet with members of the public
who spoke this evening regarding the traffic and intrusion of headlights; perhaps this could be
handled through landscaping on the adjacent owner's property. The Department is also requesting
that the Subdivision Committee be provided with a copy of the review letter from the County
Surveyor's office regarding the drainage.
Docket No. 04060027 PP Amend, Little Farms Addition, replat of lots 31, 33 was forwarded to
the Subdivision Committee for further review on Thursday, September 9, 2004 at 7:00 PM in the
Caucus Rooms of City Hall.
5h. Docket No. 04060033 DP /ADLS: 116th /Keystone Retail Shops
The applicant seeks approval for a retail/office building. The site is located at the
northeast corner of 116th St. and Keystone Ave. The site is zoned B -3 within the US
431 Overlay Zone.
Filed by Steve Hardin of Bingham McHale for Eclipse Real Estate.
Steve Hardin, attorney, 970 Logan Street, Noblesville appeared before the Commission representing
the applicant. Also in attendance: Brian Chandler and Drew Warner with Eclipse Real Estate; Dan
Schnerr, Project Engineer, Schneider Engineering.
The site is located at the northeast corner of 116 Street and Keystone Avenue and consists of 1.26
acres. The proposed re- development project provides for clean -up of the site from the existing
conditions; the site is a former gas station. The development team has worked with the DOCS Staff
and the Mayor in an effort to coordinate the various site elements seen in the informational packets
with the future improvement plan for the intersection of 116 and Keystone. The applicant has also
met with the neighbors from The Maples, directly adjacent to the project. There were a number of
comments, questions and concerns; as a result, a draft of written commitments was produced to
address fencing, hours of operation. An agreement was made to dedicate right -of -way requested by
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the City, approximately point 23 acres of the 1.26 -acre site. The site access is an issue. The City
Engineer has presented options and suggestions made, and the project engineer will continued to
work with the City Engineer for resolution.
The Department has asked that the east elevation of the building be addressed as far as shielding the
roof mounted equipment. The rooftop- mounted equipment is behind the facade.
Members of the public were invited to speak in favor of the petition; no one appeared. Members of
the public were invited to appear in opposition to the petition; the following appeared.
Remonstrance, Organized /Unfavorable
Linda Mead, 3022 Crimson Court West, president of The Maples of Carmel Condominium Owners
Association appeared before the Commission and expressed a number of concerns listed as follows.
1) Quality of Life due to close proximity of retail to residential. 2) Environmental Concerns; fumes
from cars waiting at the drive -thru lanes. 3) Safety Issues; left turns from east bound traffic from
Keystone into the area and traffic back -ups. 4) Drainage. 5) Existing Fence should be replaced with
an attractive stone or brick sound barrier wall. 6) The value of the homes in The Maples will be
significantly affected by loud sounds, bright lights, and traffic generated by the proposed retail
project. Ms. Mead made three suggestions as follows: 1) Remove the bank drive -thru area; this
would allow pavement to be moved back at least 30 feet and landscaping added. 2) Position the
building to face 116 Street with the drive -thru to the west. 3) Reduce the number of businesses and
the size of the building in order to reduce traffic. While aesthetics are important, the quality of life of
the residents and the home values far exceed aesthetics.
Remonstrance /General Public /Unfavorable:
Pamela Feugate, co -owner with parents PJ and Shirley Turner, (Ms Turner also submitted a
list of concerns) 3011 Silver Maples Court, listed concerns as health, noise and exhaust from cars,
traffic safety, close proximity of proposed facility within 8 feet of her patio and bedroom window and
invasion of privacy.
Dottie Harrill, 3057 Sugar Maple Court, 914, listed a major concern as traffic. Charter One Bank
customers and drive through lane, plus Fed Ex and UPS deliveries and customers for the stores
turning left from middle lane and motorists turning left onto Keystone from 116 Street share the left
turn lane and this is very dangerous —also causes gridlock.
*Note: Public Hearing Remains Open for Additional Public Comment at Committee Level.
*Additional Note: Petitioner is to provide documentation on removal of in- ground gasoline tanks
and police accident reports for this location
Rebuttal: The petitioner reserved comments for the Committee level.
Department Comments, Jon Dobosiewicz. The Department is requesting that the petitioner meet
with the City Engineer prior to Committee to discuss traffic and a possible raised median that would
necessitate right in/right out at this location. Modifications to the plan will be reviewed at the
Committee.
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Mark Rattermann had several questions for the applicant. Mr. Rattermann was also concerned about
cars idling in the drive -thru lanes and pollution. Mr. Rattermann requested information from the
Department regarding additional right -of -way necessary to widen 116 Street and any commitments
the developer is willing to give as well as agreement from the petitioner to a median if necessary at a
future date. This intersection is terrible for traffic flow; cross -over traffic bottles up the traffic
severely, and Mr. Rattermann is in favor of a raised median. The density of this project is also a
concern. The bank hours are a concern as well as Starbuck's that caters to rush -hour traffic. There
is a serious concern with ingress /egress traffic at this location.
Jerry Chomanczuk stated that access to this property, ingress /egress, is a critical issue and must be
addressed. Documentation regarding the removal of the in- ground gasoline tanks and police reports
regarding accidents at this location was requested for Committee review.
Docket No. 04060033 DP /ADLS, 116 /Keystone Retail Shops was referred to the Special Study
Committee for further review on September 9, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
Following a short recess, the Commission continued with the business at hand.
6h. Docket Nos. 04070027 O A: Amendment, US 421 /Michigan Rd Ordinance
The applicant seeks to amend Chapter 23A of the Carmel/Clay Zoning Ordinance.
Filed by the Carmel Department of Community Services.
Jon Dobosiewicz appeared before the Commission representing the Department of Community
Services. Some of the issues within this Ordinance provide for an additional 15 -foot right -of -way
buffer as well as additional greenbelt landscaping within the perimeter. The Department is presuming
that the State will need to make improvements in the future, both at intersections and along the
mainline segments of Michigan Road, 421. The Department is in an effort to address these issues
early as opposed to after the -fact.
The Department is requesting that this item be sent to Subdivision Committee for further review
rather than Special Study due to the number of items on the Agenda.
Members of the public were invited to speak in favor of or opposition to the proposed Ordinance
Amendment; no one appeared and the public hearing was closed.
Mark Rattermann said he was very concerned about the number of outlots on 421.
Docket No. 04070027 OA, Amendment, US 421 /Michigan Road Ordinance was forwarded to
the Subdivision Committee for further review on September 9, 2004 at 7:00 PM in the Caucus
Rooms of City Hall
Jon Dobosiewicz asked the Commission members to look at the existing 421 requirements. If there
are items that should be added on or simplified, please let the Department know and also bring those
comments to the Committee.
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John Molitor noted that it was the Mayor's idea to put a moratorium on drive -thru facilities.
7h. Docket Nos. 04070028 OA: Amendment, Swimming Pool Ordinance
The applicant seeks to amend Chapter 25: Additional Use of the Carmel/Clay Zoning
Ordinance.
Filed by the Carmel Department of Community Services.
Adrienne Keeling appeared before the Commission representing the Department of Community
Services. The proposed language is a part of the Page IV Ordinance and is being brought before the
Commission separately. The Ordinance still requires fencing and private barrier for private sw immin g
pools, and sw immin g pool covers will still be allowed; however, a fence must also be in place.
Members of the public were invited to speak in favor of or opposition to the petition; no one
appeared and the public hearing was closed.
Mark Rattermann asked if this Amendment would retroactively require all existing pools to have a
fence, and would it be an illegal use if they did not have a fence.
Jon Dobosiewicz responded that a pool without a fence would be a non conforming use. Any new
building permit issued would have to comply with the Ordinance Amendment.
Dan Dutcher made formal motion to suspend the Rules of Procedure, seconded by Jerry
Chomanczuk and Approved 10 -0.
Dan Dutcher then made formal motion to forward Docket No. 04070028 OA, Amendment,
Swimming Pool Ordinance to the City Council with a positive recommendation, seconded by
Dianna Knoll and Approved 10 -0.
8h. Docket Nos. 04070029 OA: Temporary Use Regulations Ordinance
The applicant seeks to amend Chapters 3, 25, 25.07 and Appendix A of the
Carmel/Clay Zoning Ordinance.
Filed by the Carmel Department of Community Services.
Adrienne Keeling, Department of Community Services appeared before the Commission representing
the applicant. The proposed Ordinance Amendment addresses temporary uses such as seasonal that
already occur within the jurisdiction of the City. Currently, there is nothing that allows these
seasonal, temporary uses. The amendments in Chapter 3 adds definition; Chapter 25 covers the
Additional Uses and adds requirements for these types of uses, construction facilities, outdoor
storage, displays, special events, seasonal sales, etc. Chapter 25.07 is a minor modification to match
the fee schedule.
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.
Adrienne Keeling clarified that the intent is not to stop the seasonal sales but rather to come up with
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a framework and make it a predictable process.
Leo Dierckman asked that the Committee specifically look at fireworks sales.
Mark Rattermann asked that legal counsel provide input into the proposed Amendment.
Jon Dobosiewicz referred to the section that addresses seasonal or parking lot sales and allows time
periods and standards within which the temporary uses are located in a parking area —this is a place
to start a dialogue so that a definitive Ordinance may be adopted. If it is the will of the Plan
Commission to forward a different proposal to Council, ultimately it will be forwarded to the Council
for decision making. Today, there is no definitive standard in the Ordinance and people are pressing
the Department with these issues. This proposal is offered up as a place to start discussion.
Docket No. 04070029 OA, Temporary Use Regulations Ordinance was forwarded to the
Subdivision Committee for further review on September 9, 2004 at 7:00 PM in the Caucus Rooms
of City Hall.
I. Old Business:
li. 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 Vomchm.
OFFICIALLY WITHDRAWN
2i. 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 and Neal Smith appeared before the Commission
representing Pittman Partners.
The petitioner appeared before the Subdivision Committee for review on August 3, 2004. The
Committee voted favorably conditioned upon working through the elevations with the Department.
The elevations have been submitted and the Department is agreeable.
Stephanie Blackman reported for the Subdivision Committee. A lot of the focus for review was the
elevation of the buildings and the goal was to make them as aesthetically pleasing as possible from
Guilford Road. The petitioner has been responsive to the requests of the Committee and received a
unanimous, favorable recommendation.
Department Comments, Jon Dobosiewicz. The elevations have been modified to the satisfaction of
the Department as well as the amendments made to the PUD language that address the brick
elevations. The Department is recommending that the Commission forward a favorable
recommendation to the City Council on the PUD zoning request.
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Mark Rattermann commented that at City Council level, line numbers and edition versions are being
assigned. It is easier to follow and less confusing and ensures the most recent copy.
Dan Dutcher made formal motion to forward Docket No. 04030042 Z, Townhomes at Guilford
PUD to the City Council with a positive recommendation for approval, seconded by Jerry
Chomanczuk and Approved 10 -0.
3i. 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-
1 /Residence Estate.
Filed by Dave Barnes of Weihe Engineers for Langston Development.
Jim Langston and John Edwards, Langston Development, 1132 South Range Line Road appeared
before the Commission representing the applicant. The proposed development is located north of
131 Street off West Road and provides for 51 lots on 42.7 acres.
The petitioner appeared at Subdivision Committee on August 3 the major concern was tree
preservation as homes were being constructed. Policies and procedures were to be implemented that
would ensure the preservation of trees and this has been documented in the form of covenants in the
design guidelines. The covenants were then distributed to the Commission members.
Stephanie Blackman confirmed the description of what occurred at Subdivision Committee. The
main focus was tree preservation and it looks as if those concerns have now been addressed. The
committee voted to recommend favorable consideration of this Docket.
Jon Dobosiewicz reported that there is one additional consideration regarding this Docket that was
discussed at Committee. Subdivision Control Ordinance No. 7.5.7 refers to the clearing of young
woodlands. The covenants distributed are commitments attendant to the adoption of that particular
waiver request.
Stephanie Blackman confirmed that the clearing of young woodlands was discussed at Committee.
Jon Dobosieiwcz advised the Commission that if motion is made for approval, it should include the
Subdivision Waiver and Docket No. 04050041 SW that refers to the wavier request.
Dan Dutcher wanted to thank the petitioner for putting the commitments in writing regarding the tree
preservation and noted that perhaps these commitments could be used as a model for future issues
with developers on tree preservation.
Stephanie Blackman made formal motion to approve Docket No. 04050039 PP, and No. 04050040
SW, SCO 6.5.1 minimum lot frontage, Glen Oaks Subdivision, seconded by Dan Dutcher and
APPROVED 10 -0.
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Stephanie Blackman then moved for approval of Docket No. 04050041 SW, clearing of young
woodlands, Glen Oaks Subdivision. Dan Dutcher seconded the motion; the motion was approved
10 -0.
4i. 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 Plan Commission representing the
applicant. The applicant is requesting an amendment to the Primary Plat of Cherry Creek Estates.
The applicant appeared at the Subdivision Committee on August 3, 2004 and received a unanimous
favorable recommendation, subject to five items being delivered to the Department and that has now
been done. Those five items: 1) Landscape plan— delivered to Scott Brewer. 2) Letter describing
how the cemetery on site would be treated. 3) Sign program for Cherry Tree Road relating to
construction traffic and how it will be dealt with. 4) Commitment not to start construction until
Cherry Creek Boulevard is completed—relates to access issue. 5) A copy of the letter to the
neighbors (Smalstig and Lunik) with a copy of the commitments attached.
Stephanie Blackman reported for the Subdivision Committee. The big issue was the current status of
Cherry Tree Road in its deteriorating condition —the feel of this road has completely changed in the
past few months. Public concerns expressed at the Committee level were addressed. The one item
not addressed was the phone number on the violation sign that will go to the Pulte Construction
office —but where does it go from there?
Paul Rioux responded that Platinum Properties had come up with a program whereby a letter would
be sent to Pulte vendors and some sort of fine would be instituted. There was one item that was
discussed and that was taking Cherry Tree Road off the bike path route. Jon Dobosiewicz said this
must be taken up with the Hamilton County Alternate Transportation (HCAT) committee directly.
Jerry Chomanczuk asked about the additional ground for the increase in lots. Paul Rioux said an
additional 30 acres was purchased north and east of the previously approved plat.
Mark Rattermann asked about the existing cemetery on the property. Paul Rioux said there would be
an agreement with the Homeowners Association for the continual maintenance of the cemetery.
Dan Dutcher explained that the idea for the telephone hotline for construction traffic on Cherry Tree
Road came from a prior case—perhaps this should be included in set guidelines for the Plan
Commission.
Dan Dutcher moved for approval of Docket No. 04050045 PP Amend, Cherry Creek Estates,
seconded by Stephanie Blackman, APPROVED 10 -0.
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5i. 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 appeared before the Commission
representing the applicant. The proposed amendment is to the original Development Plan on North
Haven and basically reconfigures the building footprint and materials on the rear elevation.
The petitioner appeared before the Special Study Committee on August 3, 2004 and received a
unanimous, favorable recommendation.
Derpartment Comments, Jon Dobosiewicz. The Department is recommending favorable
consideration at this time.
Jerry Chomanczuk moved for approval of Docket No. 04050048 DP Amend, North Haven, Block
D, Morgan lots 1 -2, CP Buildings 2 and 3, seconded by Stephanie Blackman, Approved 10 -0.
6i. 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 Commission on behalf of the Fox Hound
Restaurant proposed within the Greyhound Commons, Phase II south of Lowe's. Mr. George stated
that the Fox Hound meets the existing Greyhound Commons landscape and exterior materials
requirements under ADLS review. One item outstanding is the photo of the approved ground sign
with modifications; this will be done as soon as possible.
Department Comments, Jon Dobosiewicz. The Department is recommending approval at this time.
Rick Ripma questioned the number of parking spaces and whether or not they were counted twice.
Jon Dobosiewicz responded that they are certain the spaces are not being counted twice.
Jerry Chomanczuk moved for approval of Docket No. 04050046 ADLS, Greyhound Commons,
Phase II, Fox Hound, seconded by Madeleine Torres and Approved 10 -0.
Note: Items 7i, 8i, and 9i were heard together.
7i. 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 and
131 st Streets.
Filed by Paul Reis of Drewry Simmons Pitts Vornehm for Edward Rose Properties.
Jerry Chomanczuk made formal motion to forward Docket No. 04050051 Z, Alexandria of Carmel/
Edward Rose Rezone to the City Council with a positive recommendation for approval, seconded by
Mark Rattermann, Approved 10 -0.
Disposition: Forwarded to City Council with a positive 10 -0 recommendation for approval
8i. 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.
9i. 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.
Paul Reis, attorney with Drewry, Simmons, Pitts Vornehm, 8888 Keystone Crossing appeared
before the Commission representing the applicant. The petitioner appeared before the Special Study
Committee on August 3, 2004. In the course of the review and discussion regarding the rezone
portion of the project, the right -of -way dedication to the City was reviewed. The rezone portion
deals with the site located southeast of Pennsylvania and 131S Streets from Old Meridian/Single
Family Attached to Old Meridian/Multi- family. Following the Rezone, the petitioner will return to
the Commission for the ADLS portion. Specifically, regarding the right -of -way— Edward Rose
Properties will dedicate a one -half right -of -way for the proposed Grand Boulevard pursuant to the
final drawings developed by the City for Grand Boulevard. Pending the successful rezoning and
approval of the ADLS, Edward Rose Properties would then construct the road for the one -half right
of -way consistent with the City Thoroughfare Plan.
The Special Study Committee voted 5 -0 to approve the three issues —the Rezone, the ADLS, and the
Zoning Waiver consistent with the balance of the property that approximately 15% of the brick siding
will be replaced by cement fiber board.
Jerry Chomanczuk reported for the Special Study Committee. All issues were addressed; the
petitioner has dedicated right -of -way and worked with the City on the round about. The Committee
voted 5 -0 to recommend approval. The three new buildings along Grand Boulevard do not provide
additional parking and this could be an issue.
Paul Reis stated that when the petitioner returns for ADLS review, the parking counts for the three
buildings will be submitted. At that time, adequate parking will be reflected for those units.
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Department Comments, Jon Dobosiewicz. The Department is recommending favorable consideration
on the Rezone request. A motion should be made on the forwarding of the Rezone to City
Council— separate and apart from the Zoning Waivers and ADLS that can be made in the same
motion.
Jerry Chomanczuk made formal motion to forward Docket No. 04050051 Z, Alexandria of
Carmel/Edward Rose Rezone to the City Council with a favorable recommendation, seconded
by Dan Dutcher, Approved 10 -0.
Jerry Chomanczuk moved for approval of Docket No. 04060020 ZW, Chapter 20G.5.2(D)3 all
brick elevations, Alexandria of Carmel, and Docket No. 04050052 ADLS, Alexandria of
Carmel, seconded by Mark Rattermann and APPROVED 10 -0.
10i. Add -On Item, Main and Guilford
Note: The petitioner was not in attendance at this meeting.
Jon Dobosiewicz explained to the Commission that he was not comfortable going through the
process of this Docket without the petitioner being in attendance. The Commission and the
Department determined that the best way to proceed was to forward this item to the Subdivision
Committee for review on September 9, 2004 and the informational packets would be distributed in a
timely fashion with the Agenda.
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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