HomeMy WebLinkAboutMinutes PC 12-14-041,1`I y G`'`y of Cq,9y C ity
CARMEL PLAN COMMISSION
DECEMBER 14, 2004
Minutes
The regularly scheduled meeting of the Carmel Plan Commission met at 7:00 PM in the Council
Chambers of City Hall, Carmel, Indiana on December 14, 2004.
Members present were Stephanie Blackman; Jerry Chomanczuk; Leo Dierckman; Dan Dutcher;
Wayne Haney; Dianna Knoll; Mark Rattermann; Rick Ripma; Steve Stromquist; Madeleine Torres;
Susan Westermeier, thereby establishing a quorum.
Mike Hollibaugh, Director, and Jon Dobosiewicz attended the meeting on behalf of the Department
of Community Services. John Molitor, Legal Counsel was also present.
The minutes of the November 16, 2004 meeting were approved as submitted.
G. Reports, Announcements, Department Concerns
John Molitor, Legal Counsel requested a meeting of the Impact Fee Advisory Committee at 5:00 PM on
January 4, 2005. At that time, the Parks Department will present its proposed revisions to the Ordinance.
Those Committee persons are Leo Dierckman; Jerry Chomanczuk; Dianna Knoll, Mark Rattermann, and
Rick Ripma.
Mike Hollibaugh, Director, addressed the Commission to express appreciation to the members for their
dedication this past year in attending regular meetings, committee meetings and extra meetings.
H. Public Hearings
lh. Docket No. 04100034 PP: Kendall Wood Primary Plat
The applicant seeks to plat a residential subdivision of 17 lots on 17.889 acres. The
petitioner also seeks the following subdivision waiver:
Docket No. 04100035 SW: SCO 6.03.19 (4)
Access to Arterials, Parkways, and Collectors
The applicant request that the required 200 foot buffer area be reduced to 25 feet.
The site is located at the NW corner of 121 Street and Shelborne Road. The site is
zoned S1 /Residential.
Filed by Dennis Olmstead of Stoeppelwerth and Associates, Inc. for Steven A. Wilson
Inc.
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Steve Wilson, developer, 957 Keystone Way, Carmel, appeared before the Commission representing
the applicant. Dennis Olmstead, engineer, Stoeppelwerth and Associates was also in attendance.
The applicant is requesting approval for a 17 -lot Subdivision on 18 acres. The average lot size is
approximately 27,068 square feet. One variance is being requested to reduce the required 200 -foot
buffer to 25 feet. Approval of the variance will allow a brick wall to be constructed around the
roadway; the wall will be landscaped. An additional 15 foot easement has been provided at the
entryway. The selling price of the homes, including the lot, will start at approximately $750,000.
A detention area has been provided as well as a gatehouse at the entry. The perimeter property is
landscaped and existing trees are being preserved. Additional landscaping is also being provided. All
TAC issues have been addressed.
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 this petition; the following appeared:
Jeff Kimble, no address given, states his property adjoins the proposed project and is opposed to
the Primary Plat and Subdivision Waiver application due to the following: A waiver of the required
200 -foot buffer will be the first such waiver granted to the area defined by 121 Street to the south,
Shelborne Road to the east, 131 Street to the north, and West Street to the west. The two
subdivisions that exist within this area were not granted a variance, and none of the subdivisions that
adjoin the perimeter of this area was granted this waiver. Therefore, providing a waiver of the
required 200 -foot buffer will set a precedent for this particular area of Carmel.
The Kendall Wood application requests a reduction in the required 200 -foot buffer area to 25 feet.
In addition, the site plan provides for a brick wall on the perimeter portions of this subdivision that
run along Shelborne and 121 Street. This property is currently zoned S -1 Residence. The Zoning
Ordinance (paragraph 5) calls for the development of innovative residential environments in
keeping with the rural character of this District." It is the intention of the Ordinance to protect
remaining, significant, natural features within this district by placing an emphasis on less intensive,
urban land uses. In Mr. Kimble's opinion, the construction of homes and a brick wall in close
proximity to Shelborne Road and 121 Street will not be in keeping with the purpose and intent of
the Camel Clay Zoning Ordinance. Approval of this application will set a precedent for development
in this area that is distinctly different from the existing developments. For these reasons, Mr. Kimble
was not in favor of this petition and recommended a negative vote by the Plan Commission.
Mike Pritz, no address given, states he lives in the property adjoining the proposed Kendall Wood.
Mr. Pritz reiterated those comments made by Jeff Kimble and said the area is supposed to be in the
"spirit" of Clay Townshipa rural property. Mr. Pritz' home is one 7 acres and he has horses, dogs,
cats, etc., as does Mr. Kimble. The 50 acres across the street is a large property that is also used for
taking advantage of this type of rural atmosphere. The granting of a variance so that the 200 feet of
buffer would not be enforced will change the complexion and set a precedent for other properties,
particularly other properties where large plots of land will become subdivisions in the future. Mr.
Pritz said he is in favor of high quality developments and estates, but certainly it should be within the
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character of what remains in this part of Carmel.
The public hearing was then closed.
Rebuttal
Steve Wilson said his understanding is that the buffer requirement was recently changed from 75 feet
to 200 feet. Regarding the lot sizes, no variances are being requested —the homes would be built
according to the lot sizes as zoned.
Department Comments, Jon Dobosiewicz. The proposal complies with all aspects of the
Subdivision Control Ordinance with the exception of the one area that relief is being requested from
the 200 feet. For clarification purposes, the 200 feet is not a setback by which there could not be lots
located within the 200 feet from the street. The 200 feet allows for development of lots within that
area but stipulates that those homes on those lots would be required to face either Shelborne Road or
121S Street. It is not a prohibition against development within that space. The developer is pursuing
the request for relief because of what he believes he provides. The Department is asking that Mr.
Wilson articulate more specifically at Committee the type of materials to be used on those homes
adjacent to the street as well as the wall feature proposed. Subdivisions developed under the S -1
zoning in this same area do not provide any type of buffer or transition —most of the time it is in the
way of keeping those homes with the backs to the streets and that is what the Department was trying
to avoid through the additional separation from 75 feet to 200 feet. It is more an aesthetic concern
rather than open space. The petitioner will no doubt be able to effectively convey to the Commission
his desire with the type of home and appearance of those homes and the construction of the wall.
Commission Comments:
Dan Dutcher asked if any contribution was being made by the developer for Shelborne Road
improvements. Secondly, the landscape plan shows several lots that indicate no landscaping at all
obviously the developer picks up the exterior and the homeowers are responsible for the interior.
However, in looking at the covenants, there are no planting requirements on the part of the
homeowners. Thirdly, is the gatehouse a house without a gate, similar to that seen in Windsor
Grove?
Steve Wilson responded that the gatehouse is sort of a trademark structure. There is no gate.
Regarding the landscaping, the builder would have to obtain approval from the developer for
landscaping plans on the home sites. The developer is also looking for the same quality of
landscaping— trees, plantings, etc. The petitioner is granting an additional 15 feet of easement on
Shelborne Road on both sides of the entrance, for future expansion of Shelborne Road.
Rick Ripma asked how tall the wall is to be and whether or not the streets will be dedicated.
Steve Wilson responded the wall is approximately seven and one -half feet (7 1 /z
Jon Dobosiewicz stated that the streets would be public streets on the interior of the development.
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Docket No. 04100034 PP, Kendall Wood, Primary Plat and Docket No. 04100025 SW,
Subdivision Waiver were referred to the Subdivision Committee for further review on January 4,
2005 at 7:00 PM in the Caucus Rooms of City Hall.
I. Old Business
li. Docket No. 04090039 DP /ADLS: 1301 South Range Line Road
The applicant proposes a new commercial building and associated signage. The site is
located at 1301 S. Range Line Road. The site is zoned B -8 /Business.
Filed by E. Davis Coots for Fineberg Group LLC.
Jim Wheeler, attorney, Coots, Henke Wheeler, 255 East Carmel Drive appeared before the
Commission representing the applicant. Mark Fineberg, Fineberg Group was also in attendance.
Approval is being requested for the redevelopment of the southeast corner of Range Line Road and
Carmel Drive. This development has been reviewed by the Special Studies Committee and
forwarded to the full Commission with a unanimous recommendation for approval.
Jerry Chomanczuk, chairperson for the Special Studies Committee reported their findings. This
proposal is a high visibility project. The Committee reviewed the overall design of the building —the
lights, parking, the signage. There will be up to 20 signs on this building; 10 of them will be in the
interior court. The Committee voted 5 -0 to recommend approval.
Department Comments, Jon Dobosiewicz. The Department recommends approval subject to two
conditions. The dedication of right -of -way illustrated on the site plan, the second is subject to
approval of the variances currently before the Board of Zoning Appeals at the January meeting.
Jim Wheeler confirmed that the petitioner is willing to dedicate right -of -way.
Jerry Chomanczuk moved for approval of Docket No. 04090039 DP /ADLS, 1301 South Range
Line Road, subject to receipt of written commitment regarding the dedication of additional right -of-
way as illustrated on the site plan, and subject to approval of the variances by the Board of Zoning
Appeals, seconded by Rick Ripma, APPROVED 11 -0.
2i. Docket No. 04090043 PP: Bella Terra Subdivision
The applicant proposes 8 residential lots on 8.44 acres. The petitioner also seeks the
following subdivision waiver:
Docket No. 04090044 SW: SCO 6.3.20 Private Streets
The site is located at the northeast corner of 106' and Towne Road. The site is zoned
S1.
Filed by Gary Murray of Mid States Engineering for Brad Walker.
Brad Walker appeared before the Commission representing the applicant. Gary Murray of Mid
States Engineering was also present.
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The applicant is proposing a residential subdivision consisting of 8 lots on 8.44 acres. This proposal
was reviewed by the Subdivision Committee on November 30 and received a unanimous 5 -0
recommendation for approval, subject to commitments.
The lighting has been addressed as has tree preservation and the woods. The entry features have
been revised to 6 -foot columns, 4X4, with landscaping. The roads are private and the applicant will
make a formal commitment as to road design and maintenance, and will amend the plat in regard to
an easement for access to lot 8. The applicant will also commit not to install gates at the entry; said
commitments are to be written and in recordable form.
Stephanie Blackman reported the Committee findings. The applicant did provide the commitment
regarding the gates. However, the commitment states that BP Development will not install the
gates —the commitment not to install gates should run with the land in the event BP Development is
no longer involved in the development. This commitment needs to be recordable and run with the
land.
Department Comments, Jon Dobosiewicz. The Department will not sign off on the Secondary Plat
until the recorded instrument committing not to install the gate is submitted.
Stephanie Blackman moved for approval of Docket No. 04090043 PP, Bella Terra Subdivision,
and Docket No. 04090044 SW, SCO 6.3.20, Private Streets, conditioned upon recording of the
commitment regarding the gate (non) installation prior to approval of the Secondary Plat, seconded
by Dianna Knoll, APPROVED 11 -0.
J. New Business
NONE
The meeting was adjourned at 7:40 PM.
Leo Dierckman, President
Ramona Hancock, Secretary
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