HomeMy WebLinkAboutMinutes PC 10-19-041,1`I y G`'`y of Cq,9y C ity
CARMEL PLAN COMMISSION
October 19, 2004
Minutes
The regularly schedule meeting of the Carmel Plan Commission met in the Council Chambers at 7:00
PM on October 19, 2004. The meeting opened with the Pledge of Allegiance.
Members present: Jerry Chomanczuk; Leo Dierckman; Wayne Haney; Dianna Knoll; Mark
Rattermann; Rick Ripma; Steve Stromquist; Madeleine Torres; Susan Westermeier, thereby
establishing a quorum.
The minutes from the regular meeting of September 21, 2004 and the Special Meeting of October 5,
2004 were approved as submitted.
Reports, Announcements, Department Concerns
Jon Dobosiewicz announced that items llh and 13h are "Tabled" for this evening. Item 2h —the
petitioner would like to address the Commission this evening prior to formally Withdrawing this item.
Jon Dobosiewicz asked the Commission to consider alternate meeting dates for December due to conflicts
with Hanukkah, Christmas, and School Break.
Dianna Knoll made formal motion to reschedule the December committee meetings to November 30,
2004 at 7:00 PM and the full Plan Commission meeting to December 14, 2004, seconded by Mark
Rattermann and Approved 9 -0.
H. Public Hearings
lh. Docket No. 04080042 DP Amend /ADLS:
Kentucky Fried Chicken /Long John Silver's
The applicant proposes to construct a fast food restaurant building. The site is
located at 1331 S. Range Line Road. The site is zoned B -8 /Business.
Filed by Ryan Oyster of the GPD Group.
Ryan Oyster, GPD Group, engineering architecture firm, appeared before the Commission
representing the applicant. The current plans are to design a quick service restaurant, KFC /Long
John Silver's, to replace the existing KFC on Range Line Road. The petitioner has been working
closely with the Department in order to bring an acceptable plan before the Commission. The
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architecture is being up -dated so that it is consistent with Carmel Standards. The new building will
be shifted more towards the right -of -way as opposed to the old KFC building so that it will become a
more pedestrian friendly area.
There will be two access drives: one ingress /egress to the parking lot; one egress only access drive
from the drive -thru lane. Some variances will be requested through the Board of Zoning Appeals;
however, at this time, the petitioner is requesting approval for the ADLS and Development Plan.
The building will be brown brick with white wainscot and some type of split -face brick block at the
base. There will be two "Blade Signs" to represent each of the brands, KFC and Long John Silver's.
There will also be a monument sign to represent the facilities.
A materials board was displayed and questions invited.
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 has requested that the applicant revise the
building height and provide some minor changes to the proposed signage; these issues can be
reviewed by the Committee on November 4, 2004.
Docket No. 04080042 DP Amend /ADLS, Kentucky Fried Chicken /Long John Silver's was
referred to the Special Study Committee for further review on Thursday, November 4, 2004 at 7:00
PM in the Caucus Rooms of City Hall.
2h. Docket No. 04080055 PP: Brightleaf Subdivision Primary Plat
The applicant seeks to plat a residential subdivision of 64 lots on 40 acres. The site is
located at 14407 Shelborne Road. The site is zoned S1 /Residence.
Filed by Dennis Olmstead of Stoeppelwerth and Associates for Pittman Partners.
Note: This item addressed first on the Agenda this evening.
Steve Pittman, 370 Sander Court, Carmel appeared before the Commission representing Pittman
Partners. Neal Smith was also present on behalf of the petitioner.
A plan for primary plat was filed on this property following the Residential Open Space Ordinance.
The Carmel City Council has now amended the Frontage Place Ordinance —the intention is that the
back of any home cannot be within 200 feet of roadways. The problem is that the Ordinance the
Council approved stated 75 feet. Pittman Partners filed a plan that met the requirements of the
Ordinance the Council signed. The Ordinance was a mistake and not the intent of the Council.
The petitioner is officially withdrawing its application and will return with another plan that will be
drastically different for this property. The plan will provide for empty nester, low maintenance; price
point $175,000 and up.
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3h. Docket No. 04080059 PP: Saddlebrook at Shelborne Primary Plat
The applicant seeks to plat a residential subdivision of 77 lots on 61.21 acres. The
site is located at 11901 Shelborne Road. The site is zoned S1 /Residence.
Filed by Steve Hardin of Bingham McHale LLP for Leeds, LLC.
Steve Hardin, attorney, Bingham, McHale, 970 Logan Street, Noblesville appeared before the
Commission representing the applicant. Michael Stikelether, engineer was present as well as Kevin
Roberts, Cripe Engineers.
The site is located on the east side of Shelborne Road, north of 116 Street, and proposed for 77
custom home sites on 61 acres. The applicant has had numerous meetings with the Department and
agrees that there are three outstanding issues to be discussed at the Committee level.
Members of the public were invited to speak in favor of the petition; the following appeared:
Remonstrance /Favorable
Tom Connor, 12000 Shelborne Road, homeowner to the north of the proposed development, is in
favor but does have some concern with a visual buffer /landscaping between the property lines. The
neighbors would like to have as dense a landscaping screen as possible.
Members of the public were invited to speak in opposition to the petition; the following persons
appeared:
Remonstrance/Unfavorable
Sam Tancredi, 11686 Oak Tree Way, Carmel—landscaping plan is too vague, traffic is a major
concern as well as limited access to the development.
Chris Katterjohn, 11696 Oak Tree Way, requested more landscaping for a visual buffer and a "wall
of plantings" to screen the view.
Linda Totoura, 11700 Oak Tree Way, echoed concern regarding landscape buffer —also concerned
with walking path that would connect to the park and foot traffic in close proximity to the homes.
Dr. Ron Filo, 11850 Shelborne Road, directly across from the development site is concerned with
the resulting traffic in western Clay Township with all of the building /development.
Mike Ulrich, 11859 Shelborne Road, adjacent to what will be the new entrance into the
development, said it appears as though the front of his property will be needed for a turning lane into
the new subdivision. Mr. Ulrich is concerned about his driveway, access, and the fact that his septic
system is in the front yard.
Mike Malloy, 12057 Shelborne Road, was concerned with the density of the development—is it one
home per acre or 1.3 homes per acre?
*Note: The Public Hearing Remains Open
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Department Comments, Jon Dobosiewicz. The remonstrators are encouraged to meet with the
developer in private session to address issues prior to Committee meeting. Additional public
comments will be taken at Committee.
Rebuttal:
Steve Hardin responded that the walking path around the perimeter was included at the request of the
Department. Mr. Hardin undertook to contact the neighbors in an effort to hold a separate meeting
to specifically discuss the landscape plan prior to the Committee meeting on November 4th
Jon Dobosiewicz noted that the Department had three outstanding issues with regard to a
commitment concerning road improvements. These commitments should also be addressed prior to
the Committee meeting. The DOCS works on behalf of the City and the citizens' interests. The
neighbors are encouraged to contact the Department prior to public hearing and ask questions and
glean information so that issues can be addressed prior to public hearing in an effort to make effective
use of the Plan Commission's time as well as the public's time.
Mark Rattermann commented that perhaps the road could be bent a little farther north, thereby
allowing maximum space between the development and the adjacent neighbors. This question could
be considered at Committee.
Wayne Haney noted that the majority of the open space is at the front of the subdivision and the
development is quite dense at the rear with very little relief. If there are 100 cars exiting the
development in the morning, people will try to turn south on Shelborne and it is difficult as is. The
Committee should look at the traffic impact of this subdivision.
Docket No. 04080059 PP, Saddlebrook at Shelborne Primary Plat was referred to the
Subdivision Committee for further review on Thursday, November 4, 2004 at 7:00 PM in the Caucus
Rooms of City Hall.
*Note: Items 4h and 5h were heard together.
4h. Docket No. 04080044 PV: West Carmel Center, Blk F, lot 1
The applicant seeks approval for a plat vacation for 1 lot of 13.032 acres The site is
located southwest of Commerce Drive Retail Parkway. The site is zoned B-
3 /Business within the US 421 Overlay.
Filed by Mary Solada of Bingham McHale for Duke Construction, LP.
5h. Docket No. 04080052 PP: West Carmel Marketplace Primary Plat
The applicant seeks to plat a commercial subdivision of 11 lots on 61.609 acres. The
petitioner also seeks the following subdivision waivers:
Docket No. 04080053 SW: SCO 6.03.15, 2 Street Layout and Design Standards
The site is located at 9901 Michigan Road. The site is zoned B2 /Business and
B3 /Business, and is within the US 421 Overlay.
Filed by Mary Solada of Bingham McHale LLP for Duke Construction, LP.
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Mary Solada, attorney, Bingham, McHale, 2700 Market Tower, Indianapolis, appeared before the
Commission representing the applicant. Also present were Greg Ewing and Tom McLaughlin, Duke
Consruction; and Greg Snelling, Woolpert Assoc.
The petitioner is requesting the vacation of an old plat and also obtaining a Subdivision Waiver (SCO
6.03.15.2— Street Layout and Design Standards) as well as attempting to establish a Primary Plat for
I I lots on 61 acres. Three parcels have already been approved for immediate development, lots 1, 2,
and 3. There are eight remaining lots, three of which will likely be developed, the remaining blocks
are for drainage, wetlands, and common areas.
The Subdivision Waiver is being requested due to the angle of configuration of Commerce Drive.
The alignment shown best avoids the wetlands area to the east and the modest curves, in the
petitioner's view, slow the traffic and that is an issue for the subdivision adjoining to the east.
The property that is the subject of vacation of the old plat is associated best with the Super Target to
the north. Part of the Super Target plat is part of the property that Duke has acquired and that small
portion is being requested for vacation.
At the time the plat is presented for recording, it will be noted (boldly) that there is in fact a frontage
road behind the `B" shops on Michigan Road that will be dedicated as common area and will extend
to the south property line.
Remonstrance /Unfavorable
Amber Carson Crane, 3722 West 98 Street adjacent to the development —still has two concerns
that have been ignored. The wet ponds are 100 feet from her well and septic system and are
concerned that the development may drain their wells or cause harm to their septic systems.
Secondly, the adjacent homeowners are still requesting an earthen berm behind their properties to
help screen their homes from the development. Duke has offered evergreens, but they will not offer
protection until at least 20 years when they are grown and can screen. Duke's own corporate
headquarters have mounds /earthen berm, so they obviously recognize the importance. Ms. Crane
appealed to the Commission to hear the request of the neighbors.
Rebuttal:
Mary Solada said that conversations have occurred with Ms. Carson Crane. With all due respect,
the proposal shows over 700 new trees, including trees that abut Ms. Carson's subdivision at the
south end of the proposed development. By law, the petitioner cannot affect the neighboring wells,
otherwise there is a legal remedy. The North Augusta group will have another opportunity for
dialogue when Block G returns to the Commission for review.
Department Comments, Jon Dobosiewicz. There are two ministerial functions here of the Plan
Commission —one is regarding the plat vacation of West Carmel Center, Block F to allow it to be
incorporated into the West Carmel Marketplace plat. The Plat is consistent with the development
plan that was approved by the Plan Commission. With regard to berms and /or other types of
landscaping, the Ordinance provides a specific degree of protection through landscaping, and Duke
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has exceeded that level of landscaping through its negotiations with the Plan Commission in the past
months through the Development Plan approval process.
Jerry Chomanczuk asked if all property owners had agreed to the plat vacation —Mary Solada
responded that the vacation of the plat was consensual from all property owners.
Jerry Chomanczuk reported that when this Docket was reviewed at the Committee level, the
remonstrator also appeared with questions /comments. While the Committee was sympathetic to the
remonstrator's request, they still felt that Duke had done everything it was obliged to do. It is not
known what the cost would be to create a berm.
Mary Solada felt that a berm was probably not workable from a geometry /engineering standpoint.
The function of a berm relates to the width and the height, and it is not as simple as it sounds.
Mark Rattermann asked if Duke had provided the neighbors with any indication of what the law
requires regarding the well and possible damage. Ms. Solada responded that Ms. Schembre has had
conversations with the neighborsa property owner cannot drain onto another's property and also
cannot drain someone else's well it would be a civil liability.
Leo Dierckman commented that the petitioner may want to reserve some dirt on the property for
their return to the Plan Commission on Block G.
Madeleine Torres made formal motion to suspend the Rules of Procedure in order to vote on this
item this evening, seconded by Jerry Chomanczuk. The vote was 7 in favor, 2 opposed Rattermann
and Ripma) Motion Denied.
Docket No. 04080044 PV, West Carmel Center, Blk F, Lot 1 and Docket No. 04080052 PP,
West Carmel Marketplace, Primary Plat were forwarded to the Subdivision Committee for further
review on Thursday, November 4, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
*Note: Items 6h, 7h, and 8 were heard together, voted on separately.
6h. Docket No. 04080049 Z: North Meridian Medical Pavilion
The applicant seeks to rezone approximately 4 acres from S -2 /Residence and B-
3 /Business Classifications to B -6 /Business within the US 31 Overlay. The site is
located northwest of Old Meridian Street and Meridian Street (US 31).
Filed by Dan Barkes of the Lauth Property Group.
7h. Docket No. 04080050 PV: North Meridian Medical Pavilion
The applicant seeks approval to vacate part of lots 910 -12 within Williams Creek
Farms. The site is located northwest of Old Meridian Street and Meridian Street.
Filed by Dan Barkes of the Lauth Property Group.
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8h. Docket No. 04080051 DP /ADLS: North Meridian Medical Pavilion
The applicant seeks approval to build a 2- building medical office complex. The site is
located northwest of Old Meridian Street and Meridian Street (US 31).
Filed by Dan Barkes of the Lauth Property Group.
Mike Cook, attorney, One Indiana Square, Suite 1800, Indianapolis appeared before the Commission
representing the applicant. Also in attendance: Dan Barkes and Todd Jensen, Lauth Property Group;
Tom Jolley, Architects Forum; Jeff Clayton, American Consulting Engineers.
The first building proposed for construction on this site is approximately 88,700 square feet, located
on the southeast corner of the site. The first building received Development Plan and ADLS
approval on the 6 th of October. At this time, the petitioner is requesting approval of the expanded
proposed development of the site that encompasses 11.84 acres as opposed to the original 9.07 acres.
The City of Carmel has now published what it believes to be the general route of Illinois Street. As a
consequence, the applicant was able to deal with issues of plat vacation and rezoning. There are
three items to be dealt with this evening. The first item is to vacate part of the existing plat of
Williams Creek Farms Subdivision; then, remove from the Subdivision, and restrictions imposed by
the plat of the subdivision, a part of lots 10, 11, and 12. A part of these three lots represents that
part of the lot that will lie east of the west line of Illinois Street extended, and which will then make it
directly adjacent to the 9.07 acres currently zoned B -3 and B -6 —the primary site for this
development.
The second item before the Commission this evening is a request to Rezone the B -3 portion of the
original 9.07 acres to B -6 and to rezone part of lots 10, 11, and 12. A portion of these three lots
represents the part of the lots that will lie east of Illinois Street extended so that they can be included
in the proposed, commercial development.
Lastly is a request for ADLS and Development Plan approval of the proposed development plan. In
general, the plan consists of a proposal to construct two, three -story office buildings, each building
containing 88,876 square feet. The construction materials are a combination of glass pre -cast and
metal panels. The buildings are to be used primarily for medical offices; parking will include 742
spaces; 711 are required.
Mike Cook reported that an understanding /agreement has been reached with Greg Small, represented
by Zeff Weis, and they are agreeable to the petitioner's request this evening.
The vacation of the plat of Williams Creek Farms Subdivision will be done by virtue of a re -plat of
the Subdivision. The re -plat shows lot 9 as is, and approximately 4.85 acres are excluded from the
rear of what is currently platted as lots 10, 11, and 12. Again, that represents that part of those lots
that will lie east of the west right -of -way line of the proposed Illinois Street Extension. At the time
the petitioner met with the neighbors, the petitioner was asked to increase the development standards
with respect to residential development of the portion of those lots that would remain in Williams
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Creek Farms Subdivision, west of Illinois Street extended.
On the back of the plat and included among the informational materials distributed are the proposed
plat development restrictions with regard to those lots. The standards are up- graded in terms of
residential development —the west part of lots 10, 11, and 12 that will be west of Illinois Street
extended.
Lot 9, owned by "Hardinger" is a lot that is about to become under contract and the petitioner may
return to the Commission to include what will be the east part of that lot as well, once Illinois Street
is extended in the commercial development. The west part is to remain for development for single
family residential purposes.
Within the plat of Williams Creek Farms Subdivision is a method by which the plat can be amended
and the restrictions changed. From a private perspective, as opposed to the public perspective, it
requires the approval of the majority of the approved lots in the Subdivision. There are 16 lots within
the Subdivision—thirteen lot owners have agreed to sign the re -plat.
Again, the applicant is seeking a change from single family residential and B -3 /Business to a B -6
Business classification so that the entire site will then be one zoning classification, subjected to one
set of zoning development standards. Based upon the extension of Illinois Street, the conditions in
the platted lots have changed so as to defeat the original purpose of the restrictions contained in the
plat. Once Illinois Street bisected the lots, a very small portion was left east of Illinois Street and the
residential development of those lots was no longer feasible or plausible. It is within the interest of
the public to vacate the plat. The property east of Illinois Street within the Overlay District and
adjacent to these lots involves all commercial.
The proposed ingress /egress is currently off the frontage road along US 31. Upon the extension of
Illinois Street, assuming the vacation of the plat is approved and the property is rezoned so the entire
site can be developed as proposed, there will be two driveway entrances directly from the proposed
development onto Illinois Street extended. The design of the building itself is reflected from the
perspective of looking at both buildings.
Mr. Cook stated that the petitioner meets all the landscaping requirements imposed by the Ordinance.
No waivers or variances are being sought with regard to the proposed development. The signage is
consistent with what was previously proposed.
Members of the public were invited to speak in favor of or opposition to the petitions; no one
appeared and the public hearing was closed.
Department Comments, Jon Dobosiewicz. The information presented by the petitioner is consistent
with discussions with the petitioner prior to this hearing. In light of no additional comments by the
public, the Department is in a position to request that the Plan Commission consider suspending its
Rules of Procedure and if approved, forward to City Council with a positive recommendation. The
Department is also recommending suspension of its Rules of Procedure and taking final action on the
Plat Vacation and the Development Plan and ADLS petition. If the Commission would rather have
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the Committee look at the DP /ADLS on November 4 the Department would request that the
Committee would be able to take final action.
There was some discussion regarding the location of the dumpster, metering equipment, although this
will become the back of the building.
Mr. Cook responded that the dumpster and equipment will be enclosed and thoroughly screened.
This was one of the requests from the neighborhood —that the equipment would be located as far
away from residential as possible. The petitioner has also agreed to subject the development to
commitments. Those commitments are consistent with those made at the time the first building was
approved. The commitments will be filed in recordable form.
Jon Dobosiewicz explained that the State plan today identifies access being closed off at Old
Meridian. If it weren't for Illinois Street, the State would have to provide access to these parcels.
Since it is an improved frontage road, it is likely that the provision of Illinois Street will cause the
State not to have to provide the enhanced frontage road along this segment.
Mark Rattermann made formal motion to suspend the Rules of Procedure and vote on Docket No.
04080049 Z, North Meridian Medical Pavilion, seconded by Jerry Chomanczuk, Approved 9 -0.
Mark Rattermann then made formal motion to forward Docket No. 04080049 Z, North Meridian
Medical Pavilion to the City Council with a favorable recommendation, seconded by Jerry
Chomcanczuk, Approved 9 -0.
Jerry Chomanczuk made formal motion to suspend the Rules of Procedure and vote on Docket No.
04080050 PV, North Meridian Medical Pavilion, seconded by Mark Rattermann, Approved 9 -0.
Mark Rattermann made formal motion to approve Docket No. 04080050 PV, North Meridian
Medical Pavilion Plat Vacation, seconded by Jerry Chomanczuk, Approved 9 -0.
Jerry Chomanczuk made formal motion to suspend the Rules of Procedure and vote on Docket No.
04080051 DP /ADLS, North Meridian Medical Pavilion, seconded by Mark Rattermann, Approved 9-
0.
Mark Rattermann made formal motion to approve Docket No. 04080051 DP /ADLS, North
Meridian Medical Pavilion, seconded by Jerry Chomanczuk, Approved 9 -0.
9h. Docket No. 04080060 DP /ADLS: 116th Street Centre
The applicant proposes to construct two mixed -use office /retail buildings. The site is
located at the northwest corner of 116th St and Guilford Road. The site is zoned B -2.
Filed by Joe Calderon of Ice Miller for Equicor Development, Inc.
Joe Calderon, attorney, Ice Miller, One American Square, Indianapolis appeared before the
Commission representing the applicant. Also in attendance: Dan Small; Glenn Meineke, Equicor
Development; and Craig McCormick, Architects Forum.
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The proposed development consists of two, mixed -use office /retail building. The features of this
project are buildings that are brought to the front of the intersection. Pedestrian connectivity is
provided and encouraged in the form of 10 -foot multi -use paths on Guilford and 116' Street along
with a two -story feature on the corner.
The petitioner is not asking for a suspension of the Rules of Procedure. There are some issues that
need to be worked through at the Committee level. The signage takes into account the fact that there
are not a lot of tenants signed up; the sign program is being created with flexibility. The petitioner
also desires to provide consistency in the signage and the Department has had some suggestions.
The dumpster enclosure and building sample materials will be displayed at Committee.
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.
Pat Craney, 824 Woodview North Drive, expressed concern regarding the proposed two -story
building that would look down on his single story home on the south side of 116 Street. Mr.
Craney was concerned with the traffic and intrusion of headlights into the one -story homes along
116 Street. Mr. Craney would like the existing brick wall of Woodpark to be raised and privacy
preserved for those homes in Woodpark directly opposite the proposed structure. A traffic light at
the intersection of 116 and Guilford is not seen as an ideal solution.
Fred Montagna, 812 Woodview North Drive, Woodpark, asked if a traffic impact study had been
done in view of the increased density and traffic in the area. Within the last six months, Guilford
Park Subdivision has been completed, approximately 100 additional homes, plus the impending
widening of 116 Street that will ultimately create more traffic and it will become a four -lane road.
The proposed office development will create additional traffic. Mr. Montagna commented that the
proposed, two -story structure will look out of place with the existing buildings in the area and would
prefer a one -story structure with no retail. If the two -story is approved, Mr. Montagna asked that
consideration be given to the existing brick wall that borders three homes in Woodpark—perhaps the
height could be increased for maximum privacy.
The public hearing was then closed.
Rebuttal:
Joe Calderon responded that a traffic impact study had not been done —the proposed development
fits within the Comprehensive Plan for the area. The required amount of the real estate has been
dedicated for the improvements on both Guilford and 116 Street. Initially, a structure with more of
a suburban look was proposed —one story buildings and parking —that does not meet with the City's
vision for this corner. The added benefit of the current layout, regardless of the two -story element is
that parking is to the rear; cars and headlights things that might create a regular nuisance type of
effect, given the proximity of the neighborhood, are completely mitigated in this case.
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The two -story element is not the entire building, it is on the corner and likely to be an office use.
Therefore, the hours of use would not be inconsistent and interfere with the residential use of the
neighborhood. The retail component is quite limited and could serve the office uses such as a
Starbucks. The retail component is limited by commitment as a part of the rezoning.
Department Comments, Jon Dobosiewicz. The traffic generated by this site was taken into
consideration as part of the TAC review. The Department met with the Department of Engineering
to see how these plans coordinate with the City's planned improvements to 116 Street. At that
time, it was not felt that the developer needed to do an additional traffic study to show if there was a
need at the intersection for further improvements. The City would like for the developer to obtain a
copy of the City's plan for improvements from the Engineering Department for their portion across
the site and bring it to the Committee meeting as a part of the Committee review. The DOCS will
convey to Engineering the public concern heard this evening regarding the 116 Street project and
buffering for those home sites directly adjacent to 116 Street. The City would also like for the
developer to meet with those residents in order to help them appropriately convey their concern to
Engineering Dept. as far as buffering along 116 Street. There is a reduced level of landscaping with
pulling the building up to the street perhaps the developer could offer some additional plantings
along the south side of 116 Street adjacent to the homesites, or offer the adjacent property owners
plantings that could be made within their rear yards. Additionally, the signage can be worked
through.
Commission Comments /Questions:
Leo Dierckman asked about an existing wooden fence on top of the brick fence in Woodpark.
Mr. Montagna responded that he had added the wooden fence himself —the brick wall runs along the
three properties that would face the proposed structure. Mr. Montagna emphasized that the residents
would like the brick wall raised and would favor a one -story structure.
Pat Craney said he had checked with Woodpark about adding a wooden fence to the brick fence on
his property and Woodpark decided they were not in favor of that look. Mr. Craney said a light at
this location would be a nuisance as far as noise from trucks, motorcycles, cars and exhaust.
Jerry Chomanczuk asked if the TAC committee had reviewed traffic impact studies and factored in
the Townhomes on Guilford. Jon Dobosiewicz offered to submit additional information from the
Engineering Department. There are scheduled improvements to Guilford Road north of the
intersection just past the entrance to this development. DOCS will request that Engineering write
additional comments to the Commission as well as provide the road plans to the Committee for
review.
Jerry Chomanzuk asked to see window treatments for Committee review blinds, awnings, tinted
glass, etc.
Mark Rattermann said he would not be at the Special Study Committee meeting on November 4th
Mark Rattermann asked the maximum suite size and whether or not this will be a "destination
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location." The recently approved Townhomes on Guilford will have much more impact on the traffic
than the proposed development. Mark Rattermann asked that the neighbors find out who owns the
brick wall/fence—it might be difficult to legally alter the fence without the owner's approval. An
aerial of the area should be brought to the Committee meeting so that the distance from the
Woodpark neighbors to the proposed development can be seen.
Mr. Calderon responded the suites are various sizes. The development will likely serve the
surrounding neighborhood.
Docket No. 04080060 DP /ADLS, 116 Street Centre was referred to the Special Study Committee
for further review on Thursday, November 4, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
10h. Docket No. 04060026 Z: Carey's Addition, Lot 9 (pt)
The applicant seeks to Rezone this lot from R -3 /Residence to B -1 /Business within the
Old Town Overlay Character Sub -area. The site is located at 105 First Ave. NE.
Filed by Carl Jennifer Hartmann.
Carl and Jennifer Hartmann, 105 First Avenue NE, Carmel appeared before the Commission
representing the applicant. The petitioner is seeking a Rezone in order to expand a home -based
business.
Jennifer Hartmann addressed the Commission. The structure has been painted, some of the shutters
removed, the patio has been removed, and landscaping has been installed on the exterior. Scott
Brewer, Urban Forester has recommended the addition of trees to the side of the house on First
Street. Two Dogwood trees are being added as well as shrubs for definition and visual screening.
Shade trees are already in existence on the property. The petitioner is requesting a variance for the
landscaping requirement—existing trees on the property are old and huge, (30 feet tall) but are not
considered a particular shade tree. There are cedars, Maple, and Sweetgum trees on the property.
According to the Old Town Overlay, only half of the parking requirement is being met. The area
where the patio was located and the driveway will be resurfaced to accommodate required parking.
Members of the public were invited to speak in favor of this petition; the following appeared:
Vicki McCarty, 120 First Avenue NE, said the house looks marvelous. The current owners have
done more work on the property than anyone else has done in the last 18 years. The house has never
looked better and Ms. McCarty would be proud to have the Hartmanns as business owners and
welcome them as a great asset to the area.
Gary McCarty, 120 First Avenue NE, stated that the improvements the Hartmanns have made are in
keeping with the Old Town theme. The house is actually a brick home, but the improvements do not
take away from the Old Town scheme. There are a lot of rental properties within the Old Town area,
and they are actually degrading some of the home values because of the lack of upkeep, not just on
First Avenue but deeper into the neighborhood. This business use is not a heavy use and will not
generate a lot of traffic and be a detriment to the area.
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Members of the public were invited to speak in opposition to the petition; the following appeared:
June Hedges, 130 First Avenue NE, agreed that the Hartmanns have made improvements to the
home and the property looks great. However, parking is a major issue. At times, there is a lot of
traffic in the alley, sometimes 10 cars, and it makes it impossible to navigate the turn into her garage.
Truck traffic in the alley also makes it very congested. LeFever Electric is behind Ms. Hedges
property, and this business creates a lot of truck traffic and congestion in the alley.
Phil Endres, resident and property owner at 11131 First Street NE, objects to the rezone for the
following reasons. The parcel of land is only 4,785 square feet in size and the house and garage
occupy 64% of the parcel, thereby leaving 36% for off street parking that does not meet Code with
the number of people occupying the business. The neighbors already have a lot of traffic in the area
due to a business at 40 East Main Street and a bigger parking problem that stems from activities at
the Carmel High School 4 blocks away. Since the streets in the Old Town District are very narrow
and parking spaces are at a premium, Mr. Endres asked the Plan Commission to respect, protect, and
guard the Old Downtown District residents and the parking spaces.
Norma Hall, 141 First Avenue NE, is unsure that the neighborhood needs "this type of business."
There are a lot of children in the area and lots of traffic off street parking is almost non existent.
Donald Hall, 141 First Avenue NE, objected to the type of business proposeda massage parlor
and the fact that there are a lot of children in the neighborhood. Mr. Hall also questioned whether or
not the Hartmanns have an "Old Town Parking Permit," (they do.)
The public hearing was then closed.
Rebuttal: Carl Hartmann
The majority of the concerns relate to parking. The individual re- paving the drive /parking area has
said that the Carmel Ordinance allows up to four cars in the driveway; a minimum of two is needed.
The turning radius is complicated by the business to the north of the Hartmann property that
generates a lot of traffic and parked cars. The Hartmanns have two children of their own; Ms.
Hartmann has an undergraduate degree with athletic training and is a former high school health and
physical education teacher. The business proposed ties into Ms. Hartmanns athletic training and
allows her to spend more time at home with her two children. As far as parking, the streets are
marked for "no parking" at certain times--during high school hours —and the business would not be
open at those times. Other parking in the area is generated by "The Library Restaurant and is outside
the Hartmann's proximity. There is no street parking between 7 AM and 9 AM and the Hartmanns'
business would not be open at those hours.
Department Comments, Jon Dobosiewicz. Based on information presented by the petitioner with
regard to parking, it appears as though the minimum parking requirement can be met —three within
this Old Town area. It is not possible for those homes within the Old Town area that have been
converted to a business use to meet the typical buffer yard requirement between existing homes
converted to commercial use and adjacent residential properties. If the rezone is granted by the City
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Council, it would be necessary for the petitioner to seek some variances in regard to setbacks; those
variance requests would be reviewed by the Board of Zoning Appeals. The zoning map shows a mix
of commercial and business uses. Several of the properties shown on the map are zoned B -1
Business but are occupied residentially. The Department is in support of the Rezone request,
provided the petitioner can meet the minimum parking requirementsa major concern within the Old
Town District. The Department is recommending this item be sent to the Subdivision Committee for
further review and discussion on November 4, 2004. It is recommended that the petitioner meet with
members of the public who spoke this evening in opposition and provide them additional information
such as landscape plan, site layout, and parking plan.
Docket No. 04060026Z, Carey's Addition, Lot 9 (part) was referred to the Subdivision Committee
for further review on Thursday, November 4, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
11h. Docket No. 04090008 DP /ADLS: Companion Animal Hospital
The applicant proposes to construct a veterinary hospital. The site is located at 1425
South Range Line Rd. The site is zoned B -8 /Business.
Filed by Jim Shinaver of Nelson Frankenberger for Dr. Buzzetti.
TABLED
12h. Docket No. 04080064 OA: Ordinance Amendment
Sections 21.02.05; 30.05.04; and 31.06.06
The City of Carmel seeks to amend the following Zoning Ordinances: 21.02.05;
30.05.04; and 3106.06. These amendments affect properties that are the subject of
denied Board of Zoning Appeals and Plan Commission petitions.
Filed by the City of Carmel.
John Molitor, legal counsel, appeared before the Commission representing the applicant. The
proposed amendments arose out of a lawsuit involving the BZA and Martin Marietta Materials. In a
previous action, a petition was denied Martin Marietta and they appealed the denial to Court. Six
months later, the petitioner also filed a new petition containing a very similar proposal that had been
denied. The BZA Rules of Procedure denied the filing of the petition, since a petition was still
pending before the Court and not resolved. Otherwise, the petitioner would have to wait a minimum
of twelve months. Martin Marietta sued the Board over the Rule change. Eventually the Court held
that the Board's Rule change was invalid and in conflict with the City Ordinance. The result of the
lawsuit is the Ordinance Amendment before the Commission this evening.
The goal is to make the Ordinance consistent with the State Statute.
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.
Department Comments, Jon Dobosiewicz. The Department is recommending this item be forwarded
to the City Council with a favorable recommendation.
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Dianna Knoll made formal motion to suspend the Rules of Procedure to vote on this item this
evening, seconded by Mark Rattermann, Approved 9 -0.
Mark Rattermann made formal motion to forward Docket No. 04080064 OA, Ordinance
Amendment to the City Council with a favorable recommendation, seconded by Jerry Chomanczuk,
Approved 9 -0.
13h. Docket No. 04080047 Z: Elliot's Mohawk Place
The applicant seeks to rezone 1 parcel from the I -1 /Industrial District to the C -1 /City
Center Zoning Classification. The site is located at the northwest corner of Range
Line Rd and Center Dr (126th St).
Filed by the Carmel Department of Community Services.
TABLED
14h. Docket Nos. 04070029 OA:
Temporary Use Regulations Ordinance
Resubdivision; Lots containing Two Family Dwellings
The applicant seeks to amend Chapters 3, 25, 25.07, and Appendix A of the
Carmel/Clay Zoning Ordinance. The applicant also seeks to add Section 5.8 to the
Carmel Subdivision Control Ordinance regarding resubdivision of lots containing two
family dwellings.
Filed by the Carmel Department of Community Services.
Adrienne Keeling, City Planner appeared before the Commission representing the applicant. The
proposed amendment was referred to the Commission with a favorable recommendation, pending
agreeable language on outdoor display. Also, the Committee reviewed the Resubdivision language.
Notice was made of the Resubdivision Public Hearing immediately after the Committee meeting
within the 10 -day period, but short of the 25 -day notice provided in the Rules of Procedure.
Mark Rattermann made formal motion to suspend the Rules of Procedure in regard to full notice
requirements, and proceed with this item, seconded by Jerry Chomanczuk, Approved 9 -0.
Ms. Keeling explained the Temporary Use Language that was introduced at the August Plan
Commission meeting and reviewed twice by Committee. The caveat by Committee was the language
regarding outdoor displays; proposed language was included in the information packets.
Currently, there is nothing in the Zoning Ordinance that would recognize these types of uses that
currently take place. The proposed Ordinance is a way to control the location, duration, and
appearance of these types of uses that take place within the City's jurisdiction. The proposed
Amendment builds predictability for the public as well as the Department, especially for Code
Enforcement purposes.
Members of the public were invited to speak in favor of or opposition to the Ordinance Amendment;
no one appeared and the public hearing was closed.
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Department Comments, Jon Dobosiewicz. If the Plan Commission has a good understanding of the
modifications made and there is no need for additional discussion, the Department requests that the
Commission suspend its rule to vote on this item and offer a recommendation to the City Council.
Mark Rattermann made formal motion to suspend the Rules of Procedure in order to vote on Docket
No. 04070029 OA this evening, seconded by, seconded by Rick Ripma, Approved 9 -0.
Mark Rattermann made formal motion to forward Docket No. 04070029 OA, Temporary Use
Regulations Ordinance Resubdivision: Lots containing Two Family Dwellings to the City
Council with a favorable recommendation, seconded by Rick Ripma, APPROVED 9 -0.
I. Old Business:
li. Docket No. 04070033 DP /ADLS: Medical Office Building
The applicant seeks approval for a medical office building. The site is located at
10801 North Michigan Road. The site is zoned B -2 /Business within the US 431
Overlay Zone.
Filed by Mary Solada of Bingham McHale for BW Partners.
Presentfor Petitioner: Mary Solada, attorney, Bingham, McHale; Greg Ewing, Tom McLaugthlin,
This matter was heard by the Special Study Committee October 5 th and received a vote of favorable
recommendation. The proposed development abuts the Westons Subdivison, and approximately 7
homes adjoin the rear of this building. There is a 50 foot buffer strip between the Westons and the
new development. In addition, the Medical Office Building provides for a 25 -foot setback, 44 feet of
drive, and a 10 -foot sidewalk before the actual building.
The petitioner tendered six commitments as follows. 1) Outdoor construction activity will be limited
while the building is being built. 2) No construction traffic /activity can use any road in the Westons
development. 3) There will be no outdoor wall- mounted signs on the east elevation. 4) The
development will not be a destination for ambulance runs. 5) If, in the future there is an immediate
care facility, it will be confined to the first floor. 6) The name of the general contractor is being
provided to The Westons so that if there are issues during construction, there will be a point of
contact.
Jerry Chomanczuk reported for the Special Study Committee. The public hearing was left open on
this item —the remonstrators were concerned with the hours of operation, and possible ambulance
runs to the immediate care facility that would break up the solitude of the neighborhood. The
committee asked for more definition/clarification on the hours of operation.
Paul Bennett, Director of Real Estate for St. Vincent Health, West 86 Street, Indianapolis, stated
that the hours of operation would be dictated by the community the facility serves. At this time, the
proposed plan calls for a Medical Office Building that is planned for use for primary care physicians,
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rehab services, radiology, outpatient lab services, etc. We don't know what the future brings in the
delivery of health care; the hours of the facility change as the market dictates.
Public Remonstrance/Unfavorable:
Paul Felix, 10893 Weston Drive, current president of The Westons HOA, requested that the
immediate /urgent care facility would be located farther away from The Westons; St. Vincent would
not commit to hours or location.
Jerry Chomanczuk reported for the Special Study Committee. The proposed development is a
medical facility; the Committee felt that the landscape, setback, and sidewalk provide ample and
sufficient buffering between the facility and residential. The petitioner has further tendered
commitments regarding the construction phase, and the Committee voted a favorable
recommendation.
Department Comments, Jon Dobosiewicz reported that the petitioner has offered commitments that
go above and beyond what is reasonably expected of a developer at this location. The petitioner has
made commitments because they want to be a "good neighbor" and they intend to work within the
community and the residents. The Department is recommending favorable consideration of this
Docket, subject to the recording of the commitments tendered by the petitioner.
Mark Rattermann commented that the neighbors are not really asking for that much and the
petitioner could be more workable. Mr. Rattermann would like to see the request of the neighbors
met.
Jerry Chomanczuk made formal motion for approval of Docket No. 04070033 DP /ADLS, Medical
Office Building, subject to the recording of the commitments tendered by the petitioner, seconded
by Madeleine Torres, APPROVED 7 in favor, 2 opposed Rattermann, Ripma).
2i. Docket Nos. 04070035 Z and 04070036 DP /ADLS: Monon Main PUD
The applicant seeks to rezone approximately 4 acres from B -1/ and B -3 /Business
Classifications in the Old Town Character Sub -area to a Planned Unit Development
and create a live -work development. The site is located at 320 West Main.
Filed by Jim Shinaver of Nelson Frankenberger for Eden Land Company, Inc.
Jim Shinaver, Nelson Frankenberger appeared before the Commission representing the applicant.
Also in attendance: David Leazenby, Buckingham Properties; Pat Miller, Kosene Kosene; Gary
Murray with Mid States Engineering.
As previously described, the real estate consists of three parcels with zoning designations of B -1 and
B -3 Business within the Old Town District Overlay. The PUD rezone request will permit a
townhome development that will also include live /work units. The Development Plan and ADLS
approval is also being requested at this time.
David Leazenby addressed commitments regarding roadway improvements, modifications in the site
plan, off -site parking, and changes in the landscape plan. Other modifications included a statement of
commitment regarding the improvements in the Main Street right -of -way. There is a difference in the
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the parking ratio between what is listed as suburban context and urban context. 15 spaces have been
added as "landbank" spaces and will be used in the future if need be. The parking behind the
garage and in the driveway is what changed the parking numbers; street parking and parking on site
makes up the balance.
Lighting detail has been added, and the landscaping plan has been fine- tuned. The tree preservation
along the perimeter has been adjusted pursuant to comments received from the Urban Forester.
The Committee comments in regard to the color of the building have been addressed in Exhibit K in
the informational booklets and have been included in the PUD Ordinance.
Jim Shinaver stated that at this time, the petitioner is requesting approval of the rezone request as
well as Development Plan and ADLS approval.
Dianna Knoll summarized the findings of the Subdivision Committee. The Committee voted 3 -0 for
approval. The concern continues to be parking and traffic, especially in this area where parking is so
limited. Landbanking parking will make a big difference, but time will tell. However, the
development is a great project —good looking.
Department Comments, Jon Dobosiewicz. The petitioner has addressed Department concerns and
the issues, including commitments contained in the informational booklet. The Department is
recommending that the Plan Commission forward a favorable recommendation on to the City Council
for final action on the zoning request and also recommend approval of the DP /ADLS.
Mark Rattermann specifically asked that the petitioner to take the proposed plan to Fred Glaser in the
Carmel Dept. of Engineering. Fred is also a member of City Council and will vote on this item. Mark
Rattermann had a definite concern with school buses navigating the round about. The round -about
at 131S and Ditch Road was built by the County and it is difficult for buses to get in and out of it.
This Main and Monon location will have a lot of school buses—it may take a bigger round -about or a
traffic light —but there is a definite concern with school buses.
David Leazenby responded that calling this a round -about might be a misnomer—it will function
more as a traffic circle. It will be something in the middle of the street, whether it is a fountain, or
signal, etc.
Rick Ripma asked if there were any plan in place to widen Main Street in connection with this
development.
Jon Dobosiewicz responded that the plan along this frontage is to provide additional pavement
widening that will accommodate a wider traffic lane as well as on- street parking.
Jerry Chomanczuk commented that the PUD refers to building height in floors —there should be
consistency in height, and there should be a dimension in terms of feet as well. The language on tree
preservation seems to give the developer a lot of discretion on selection and to what extent they will
cooperate with the Department. Finally, regarding substantial alteration, if there is a change in plans
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exceeding 10 it seems that the approval goes to the Director of DOGS, and the Director should be
in agreement.
John Molitor commented that the Old Town Overlay has a maximum height standard of 45 feet—no
more than three stories.
Dianna Knoll made formal motion to approve Docket No. 04070036 D /ADLS and to forward
Docket No. 04070035 Z, Monon Main PUD to the City Council with a positive
recommendation, conditioned upon the following. Height restriction of the building is to be
commensurate with Old Town development maximum height standard of 45 feet (comprising no
more than 3 stories.) Any 10% alteration/modification would be at the discretion of the DOCS
Director. Approval is also as amended regarding the installation of 6 -foot evergreens per
recommendation made by Scott Brewer, Urban Forester. Dianna Knoll's motion was seconded by
Mark Ratterman, APPROVED 9 -0.
3i. Docket No. 04080048 Z: Carmel Dr Range Line Rd Overlay: Rezone
The applicant seeks to rezone multiple parcels to the Carmel Drive -Range Line Rd
Overlay District. The parcels are located along Range Line Rd and Carmel Drive.
Filed by the Carmel Department of Community Services.
Mike Holllibaugh, Director appeared before the Commission representing the applicant. The primary
goal of the proposed District is to create a uniform design district in central Carmel similar to other
Overlay Zones such as US 31, US 421, etc. that have been successful in shaping the design of the
community. The new zone will create a higher standard for architectural design and site design for
these buildings and additions greater than 50 Among the other development standards is a two
year sunset clause that will allow the Department to move forward on a more detail, urban design
study for "to be designed" zones.
The development standards ordinance was passed on to the City Council from the Plan Commission
last month and the proposal this evening is to amend the official Zone Map. There was a "no
recommendation" vote from the Subdivision Committee.
Dianna Knoll reported for the Subdivision Committee who extensively reviewed this proposal. There
was input from the public, and once the Overlay was passed it was a dilemma as far as putting
properties into the zone. The Committee felt that the proposed Overlay was extremely aggressive,
even though there is a two -year sunset period. Because this item is returning to the Commission as a
"no recommendation," it should now be open to all Commission members for comment.
Jon Dobosiewicz added that this particular item is the application of the text that was previously
forwarded to the Council. The issue before the Commission this evening is the importance of
establishing the Overlay Zone, absent of a direct discussion in text, but knowing that the Council is
currently considering the text that was forwarded by the Plan Commission.
Rick Ripma commented that the Subdivision Committee could not agree that the text of the proposed
Overlay was a good thing. Rick Ripma said he had voted against the proposal and did not agree with
it.
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Sue Westermeir commented that there were a lot of local businesses at the Committee meetings that
spoke against this proposal. In the end, the Committee felt that they just could not agree. Ms.
Westermeier felt that the proposed area is just "too big" and maybe not the place of the Committee to
decide the boundaries. The businesses are very frustrated and it is hard to move forward in good
conscience knowing there are people who have been in Carmel for many, many years and are not in
favor of the proposal.
Mark Rattermann made formal motion to forward Docket No. 04080048 Z, Carmel Drive -Range
Line Road Overlay Rezone to the City Council with a "No Recommendation" vote, seconded
by Sue Westermeier.
John Molitor explained that under State law, the effect of "No Recommendation" is that if the
Council takes no action within 90 days, it is defeated. Sending an Unfavorable Recommendation has
the additional "Umpf' of recommending that the Council Not Pass the proposal, although it has the
same result: If no action is taken within 90 days, it is defeated—Council must override the
Commission.
The vote on Mark Rattermann's motion for a "No Recommendation Vote" to Council was 7 in favor
two opposed (Torres and Stromquist) Motion Passed.
There being no further business to come before the Commission, the meeting was adjourned at 10:45
PM.
Leo Dierckman, President
Ramona Hancock, Secretary
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