HomeMy WebLinkAboutMinutes PC 11-16-041,1`I y G`'`y of Cq,9y C ity
CARMEL PLAN COMMISSION
November 16, 2004
Minutes
The regularly scheduled meeting of the Carmel Plan Commission met November 16, 2004 at 7:00 PM in
the Council Chambers of City Hall. The meeting opened with the Pledge of Allegiance.
Members Present were 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. John Molitor, Legal Counsel was also in attendance.
The minutes of the October 19, 2004 meeting were approved as submitted.
G. Reports, Announcements, Department Concerns Jon Dobosiewicz. There are three items
on the Agenda -4, 5, and 6h —all dealing with North Meridian Medical Pavilion, and the Department
suggests that the hearing on those three items be held simultaneously.
H. Public Hearings
lh. Docket No. 04080056 PP: Villas at Morgan's Creek Primary Plat
The applicant seeks to plat a residential subdivision of 11 lots on 6.39 acres. The
petitioner also seeks the following subdivision waivers:
Docket No. 04080057 SW: SCO 6.03.07 Street Layout Design Standards
Docket No. 04080058 SW: SCO 7.05.07 Woodlands
The site is located at 14309 Gray Road. The site is zoned S1 /Residence.
Filed by Adam DeHart of Keeler Webb Associates for Covenant Group, LLC.
Adam DeHart, Keeler Webb Associates, and Jerry Corbier, Corbier Traditions, custom homebuilder
were present representing the applicant. The open space schedule has been updated as well as the
primary plat /landscaping. The petitioner is requesting primary plat approval of a 12 -lot subdivision
together with two Subdivision Waviers: one for street layout and design, the other for clearing of
woodlands /scrub trees being removed from the site.
The subject property has the following boundaries: Gray Road on the west; low- density residential on
the north; Northeast by a wooded area designated as a wildlife preserve and owned by a private
individual; Woodfield Subdivision on the east and south; West, and across Gray Road is the
Oakbrook Subdivision. The subject site and all surrounding properties are zoned S -1.
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The updated plat shows 12 lots off a single cul -de -sac, bisected over the eastern one -third of the site
by the Mitchner Ditch. A bridge is proposed over the Ditch for access to the east side of the
property. There is an existing home situated in the area of lots 11 and 12. Four lots are located on
the west side of the creek on the north side of the road, 4 lots are located on the south side of the
road, west of the creek, and the remaining 4 lots ring the cul -de -sac on the east side.
The open space consists of four different areas. One open space area consists of one -half acre,
labeled "A," Common Area `B," and two 25 -foot common area designed open space along Gray
Road for plantings, landscape wall, etc.
The tree preservation plan allows "clumping" of substantial woodland areas and trees that are in good
standing order, both in the floodway on either side of the creek and along the perimeter that adjoins
the neighboring properties. The landscape plan uses evergreens, ornamental trees, and shade trees
around the north, east, and south perimeter. There is also a designated 15 -foot tree preservation area
and the plat helps preserves those trees during the construction and throughout the project.
The entry monument will be on both sides of the entrancea small, staggered "L" shape on either
side. The lighting will be just enough at the entrance to illuminate the signage and a matching,
period -type light that matches the architectural scheme of the homes.
The type of homes proposed is "Old World" or country -style French design, one and two -story in
nature with stone and wood trim steep, angular roof lines. The covenants and restrictions set aside
guidelines for architectural review 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; to following appeared:
Remonstrance /Unfavorable
Richard Zurawski, 14225 Oakbrook Court, did not receive any notice or information on the
proposed development. Concerned with the level of consistency with the types of homes proposed
and those existing north on Gray Road in Valley Brook, Wedgewood, Oakbrook, and Woodfield
Subdivisions.
Eric Laird, 4904 Woodfield Drive, backs up to property on the west side of the creek, feels he is
uninformed —has no information regarding the size of the homes, price points, and concerned with
resale value of his home.
John Koven, 14280 Oakbrook Court, agreed with the previous speaker that the residents do not
have enough information on the proposed development. Would also like to see something developed
that is consistent with the entire area—is not opposed to this development, but would prefer not to
see a number of single driveways on Gray Road but would rather have driveways incorporated into
a comprehensive plan for an entire area.
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Robert J. Giczewski, 4865 Deer Ridge Drive South, Valley Brook Subdivision, agreed with
previous speakers.
*Note: The Public Hearing will remain open at the Subdivision Committee Level for additional
input.
Rebuttal/Adam DeHart
In an effort to accommodate those neighbors who have no information, the petitioner will provide
copies of guidelines and restrictions incorporated into the Covenants regarding architectural features
as well as copies of the primary plat.
Department Comments, Jon Dobosiewicz. The Department continues to review the issue regarding
woodland preservation in addition, the Department is in support of the request for modification of
the cul -de -sac length to allow 715 feet in length as opposed to 600 feet under the Ordinance. As a
side note, the Department offices are open 5 days /week and the public is more than welcome to set
up an appointment, discuss the development and provide additional information.
Leo Dierckman expressed concerned with the two waivers being requested and asked that the
Committee look closely at those.
Dan Dutcher was concerned about the flood plain issue and the woodland preservation.
Jerry Chomanczuk was concerned about the tree preservation, since work has apparently already
begun. The petitioner agreed to bring evidence of the tree preservation plan.
Wayne Haney suggested the petitioner "tighten up" the construction materials to be used on the
proposed homes.
Docket No 04080056 PP, Villas at Morgan's Creek, Primary Plat was referred to the Subdivision
Committee for further review on Tuesday, November 30, 2004 at 7:00 PM in the Caucus Rooms of
City Hall.
2h. 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.
Dave Coots, attorney appeared before the Commission representing the applicant. Also in
attendance: Barbara Eden, Carson Designs; Mike DuBoy, DuBoy Land Development; and Adam
Garvey, Landscape Architect with Gardens of Growth.
The proposed site consists of 1.6 acres within the B -8 zone and is the site of the former Ponderosa
Restaurant. The existing building will be razed and a new center developed in compliance with the
Carmel Drive /Range Line Road Overlay Ordinance presently pending before the Carmel City
Council. The buildings will be located adjacent to Carmel Drive and Range Line Road, 15 feet from
the right -of -way. The buildings will be storefront friendly, pedestrian oriented, and the exteriors will
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front on Carmel Drive and Range Line Road as well as a dual frontage into the Courtyard in the
center of the site. The structure is primarily single- story, however there is provision for two stories,
approximately 4,000 square feet of the 11,000 square -foot footprint.
There is a drive through canopy on the south elevation, and the storefronts not only front on Carmel
Drive and Range Line Road but also front to the interior parking area to the south of the proposed
structure. The east and west elevations are consistent with the Carmel Drive /Range Line Road
Overlay Ordinance in terms of materials primarily brick, EFIS, with cast -stone as accent colors.
There are awnings of blue /taupe colors used to highlight each elevation of the building. The site plan
provides for enclosed refuse containers and also shows sign detail for the tenants. The site is heavily
landscaped —over 37 new trees will be installed and over 1,000 additional plantings. The intent is not
only to make the store front along Range Line Road and Carmel Drive pedestrian friendly but also to
create a courtyard in the center of the building to create an outdoor seating area for patrons.
The lighting plan consists of four parking lot standards located along the perimeter of the parking lot
and two, canopy recessed light fixtures within the drive through facility. There will also be a number
of decorative wall sconces that will be directional in lighting to cast light both up and down on the
face of the building and not spill over onto Carmel Drive or Range Line Road. The light fixtures are
on all elevations of the building. There will also be ground lighting in the landscaped area.
Signage would be similar to what was recently approved for Merchants Pointe—individual letters,
interior lit, white -faced with bronze returns. The signage would comply with the Ordinance as to the
elevations on Range Line Road and Carmel Drive. The signs on the interior will be half the size, and
a variance would be needed for the "doubling" of the size under the new Overlay Zone.
Regarding the parking, additional land to the southeast, behind Carmel Walk is incorporated into this
plan and will be utilized for employee parking so that the balance of the parking on site will be used
by patrons. A cross easement will be obtained with the property to the south, Carmel Walk. Carmel
Walk is under common ownership with the subject property —The Fineberg Group. The pedestrian
orientation of the project, plus the restaurant use primarily at night when other stores are not as busy
will provide more than adequate parking for purposes of both business /retail use as well as a
restaurant.
Mr. Coots noted that public notice was certified to adjacent properties as to the Development Plan.
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 Dobosiewicz. Signage and building mounted lighting adjacent to the
street should be addressed at the Committee level.
Docket No. 04090039 DP /ADLS, 1301 South Range Line Road, was referred to the Special Study
Committee for further review on November 3, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
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3h. Docket No. 04090043 PP: Bella Tara 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/Residential.
Filed by Gary Murray of Mid States Engineering for Brad Walker.
Gary Murray, Mid States Engineering, 9615 East 148 Street, Noblesville, appeared before the
Commission representing the applicant. Also in attendance: Brad Walker and Pat Conley, BP
Development, custom builders of the proposed development home sites.
Eight lots are proposed on 8.44 acres located at the northeast corner of 106 Street and Towne
Road. The site is south of Crooked Stick West and east of the Riley Llama Farm. There is currently
a dilapidated house on the property that will be set afire by the Carmel Fire Department as a training
exercise; the debris will be removed in its entirety.
The lot sizes will range from 0.88 acre to one acre; home prices are anticipated from $650,000 and
up. The home sizes approximate 2,800 square feet. A variance is being requested to allow a
frontage road to be private. The eight lots will be served by the frontage road, thereby eliminating 8
different driveways into this section. There is also an existing concrete median that runs almost the
full length of the property. By allowing the frontage road, it will be safer in that motorists will not go
north, then make a "U" turn at the end of the median and head south to enter the development.
The site is served by existing utilities. There is an existing, multi -use path that was constructed along
with the road widening on Towne Road. As part of the proposed development, the applicant will be
adding a multi -use path along the frontage on 106 Street. Entry landscape treatments are proposed
where the drive /frontage place road is located, and the applicant is requesting that the frontage road
be private rather than public. The road would be constructed to the same depth requirements in
asphalt and stone, and the homeowners would maintain the private road as a part of their lots.
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:
Randy Sunsha, 10730 Torrey Pines Circle, Crooked Stick, was concerned with the negative impact
the proposed development would have upon wildlife in the area as well as density of the project.
Concern was also expressed regarding the through street as opposed to a cul -de -sac and possible
light pollution. Mr. Sunsha requested that lighting shine down and not up.
The public hearing was then closed.
Gary Murray responded that the required buffer yards have been provided. The developers are
sensitive to the fact that this is a wooded site, and they are trying to save as many trees as possible.
The developer is proposing dusk -to -dawn lighting—no streetlights.
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Department Comments, Jon Dobosiewicz. The Department is in support of the private frontage
place. However, as a condition of the approval, the Department would like to see a requirement that
this would not be a gated community.
Dan Dutcher was concerned about a "gated community." Dan also encouraged the petitioner to
provide to the neighbors the materials in the information packets. The landscaping plan is significant
and worth reviewing.
Wayne Haney was concerned about access to some of the lots; Mr. Murray said there is an access
easement.
Docket No. 04090043 PP, Bella Tara Subdivision was referred to the Subdivision Committee
for further review on November 30, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
Note: Items 4h, 5h and 5h heard together.
4h. Docket No. 04100030 DP Amend /ADLS Amend:
North Meridian Medical Pavilion
The applicant seeks approval to build a medical office building. The site is located at
approximately 12202 North Meridian Street (US 31) and is zoned, 136 /13usiness,
within the US 31 Overlay (pending).
Filed by Mike Cook for Lauth Property Group.
5h. Docket No. 04100031 Z: North Meridian Medical Pavilion
The applicant seeks to rezone part of lot 9 of Williams Creek Farms from S-
2 /Residence and 13-3 /13usiness Classifications to B -6 /Business within the US 31
Overlay. The site is located at approximately 12202 North Meridian Street (US 31).
Filed by Mike Cook for Lauth Property Group.
6h. Docket No. 04100032 PV: North Meridian Medical Pavilion
The applicant seeks approval to vacate part of lot 9 within Williams Creek Farms.
The site is located at approximately 12202 North Meridian Street (US 31) and is
zoned S -2/ Residence in the US 31 Overlay.
Filed by Mike Cook for Lauth Property Group.
Mike Cook, attorney, One Indiana Square, Suite 1800, Indianapolis, appeared before the
Commission representing the applicant. Dan Barkes with Lauth Property Group was also in
attendance.
This proposal is the last piece of the puzzle in the North Meridian Medical Pavilion. This project
consists of two, three -story office buildings, each containing 88,870 square feet, located with a dual
frontage along Meridian Street and along Illinois Street, as proposed to be extended from 116
Street to Carmel Drive.
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The nearest neighbors to the west are lots within Williams Creek Farms Subdivision (lots 9, 10, 11,
and 12.) The applicant has obtained public approval to vacate the plat with respect to that portion of
lots 10, 11, and 12 that will lie east of Illinois Street extended.
The current request is for the inclusion of a portion of lot 9 as a part of the development. No part of
any lot lying west of Illinois Street extended will be affected —only that part which will lie east of
Illinois Street.
Formal request is being made to vacate the plat with respect to part of lot 9. The plat has previously
been vacated for Lots 10, 11, and 12 for the eastern portion. A portion of the lot is currently
requested for rezone from S -2 to a B -6 classification so that the entire development will have one
zoning classification. Again, the east side of 10, 11, and 12 have already been rezoned and that
process and plat vacation has already occurred.
Private approval to accomplish this has been obtained, consistent with the requirements of the plat of
Williams Creek Farms Estates. A majority of the approval has been obtained from the lot owners
within the Subdivision to permit the necessary amendment to the plat as a private matter. The
applicant seeks now to amend the plat and partially vacate the plat to obtain the same approval as a
public matter. Rezoning is also being sought and finally, an amended DP and ADLS approval is
being requested.
The portion being included allows for additional parking that will total 781 spaces; otherwise, the site
plan does not change in any material respect. It does not change the proposed ingress /egress off
Illinois Street, once extended, and it does not change in any way where the buildings are located on
the site plan. Including Hartacre in the development permits the dedication of a portion of the part
east of Illinois Street as a permanent tree preservation area. This has all been worked out in an
agreement with Mr. and Mrs. Greg Small.
The last issue is that there is a pending variance application before the Board of Zoning Appeals. The
signage originally proposed on the Illinois Street side would be re- located to the Meridian Street side
so that the total signage would be 95 square feet on each side, but it is being converted to the east
side of each buildinga total of 190 square feet in signage.
Mr. Cook noted that publication to individual property owners was three days short of the 25 days
required by the Plan Commission Rules of Procedure, but consistent with State Statute requirements.
The petitioner is asking that the Rules of Procedure would be waived in this regard.
The petitioner is also requesting that the Plan Commission Waive its Rules of Procedure in order tc
bring this matter to a final vote this evening rather than being sent to Committee for further review.
Members of the public were invited to speak in favor of or opposition to any one or all of the
petitions; no one appeared and the public hearing was closed.
Department Comments, Jon Dobosiewicz. The petitioner has identified all of the issues noted in the
Department report, including the modification for signage to allow two building signs facing east as
opposed to having a building- mounted, west facing sign that would face Illinois Street and the
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residential areas to the west. In the absence of public input and counsel comments that would require
further discussion and review, the Department would ask that the Commission consider suspending
its Rules and taking final action this evening.
Jerry Chomanczuk commented that the Committee had no problem with the rezone; however, with
the approval of the second building, it was discussed and determined by the Committee that the
frontage road was not sufficient to handle two buildings. The main concern is with the timing of the
second building.
Mike Cook responded that if construction were to proceed with both buildings under construction at
the same time, the likely completion would not occur until fall of 2005. A letter was received from
the Mayor with respect to the timing of completion of Illinois Street and it pinpoints that timing to
occur in the fall, 2005 as well and will coincide with the opening of the first building, then the second
building will follow. There are also some changes in the works regarding TIF financing that would
provide the vehicle by which the road could be built; that also involves some agreements on the part
of Lauth regarding the dedication of required right -of -way. It is extremely doubtful that a time will
arise when there will be two occupied buildings served by the frontage road.
Mark Rattermann moved to waive the Rules of Procedure as they apply to Publication of Notice to
individual property owners, seconded by Dianna Knoll, Approved 9 -0.
Mark Rattermann made formal motion to suspend the Rules of Procedure in order to take final action
on all three items this evening, seconded by Dianna Knoll, approved 9 -0
Mark Rattermann made formal motion to approve Docket No. 04100030 DP Amend /ADLS
Amend, North Meridian Medical Pavilion, and Docket No. 04100032 PV, North Meridian
Medical Pavilion Plat Vacation, seconded by Madeleine Torres, APPROVED 9 -0.
Mark Rattermann made formal motion to forward Docket No. 04100031 Z, North Meridian
Medical Pavilion to the City Council with a favorable recommendation, seconded by Madeleine
Torres, APPROVED 9 -0.
7h. Docket No. 04100026 OA: Patch V Ordinance Amendment
The applicant seeks to Amend Chapters 23F: Carmel Drive Range Line Road
Overlay Zone; Chapter 25: Additional Use Regulations; Chapter 25.07: Sign
Ordinance; Chapter 26: Additional Height, Yard, and Lot Area Requirements;
Chapter 28: Nonconforming Uses Exemptions; Chapter 29: Administration and
Appendix A: Schedule of Uses 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 bulk of the proposed Ordinance Amendment has to do with the Sign Ordinance,
Sections A through H, and Section J and K all deal with signs and their required ADLS approval.
The Amendment reflects changes done in the Patch IV Amendment to update added districts that
require ADLS review. Section I corrects a reference to an old version of the Sign Ordinance.
Section L refers to Old Town Carmel and corrects a reference, updates the ADLS requirement
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section, and consolidates the boundaries. Currently, there is an Old Town Sign District and an Old
Town Overlay Zone and the boundaries are not co- terminus with one another. The Old Town Sign
District allows a couple of different types of signs, and this will not change in the Overlay Zone. It is
more consolidating the boundaries. Section M removes the time limitations associated with political
signs. There are several additions and corrections to the Amendment; it does not change the way the
Department does business —some changes are merely the result of an oversight.
The Department is recommending that this item be sent to Subdivision Committee for further review.
Members of the public were invited to speak in favor of the petition; the following appeared:
Remonstrance /Favorable
Paul Reis, 8888 Keystone Crossing, Suite 1200, Indianapolis, spoke in favor of this proposal,
however, Mr. Reis requested certain changes be made to Buffering requirements, Section 26.04.01.
Landscaping, according to the bufferyard, is extremely onerous on property owners. Mr. Reis also
asked the Commission to carefully consider the use of front yard buffering. Front yard landscaping is
an important issue; it is also an important issue for the businesses located on smaller lots. Otherwise,
Mr. Reis was in favor of the proposed changes.
The public hearing was then closed.
Jerry Chomanczuk questioned the fees specified for "Sexually Oriented Businesses."
Adrienne Keeling responded that this is still "on the books." Leo Dierckman suggested that this be
dealt with at Committee.
Docket No. 04100026 OA, Patch V Ordinance Amendment was referred to the Subdivision
Committee for further review on November 30, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
Old Business:
li. 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.
Dave Warshauer, attorney, Barnes Thornburg, I I South Meridian Street, Indianapolis appeared
before the Commission representing the applicant. Also in attendance: Tom Huston and George
Sweet, partners in Brenwick Development, and Keith Lash, Vice Pres. of Operations, Brenwick
Development.
Note: Public Hearing Remains Open
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Dave Warshauer noted that there are a number of persons in the audience in support of the Village of
WestClay. Dave Warshauer submitted a petition to the Department containing 51 names and
signatures in support of the amendments to the PUD.
Dave Warshauer summarized the requested changes and the major issues. There are two changes:
one is a rezone with respect to land at the northwest corner of 131S Street and Towne Road and the
request is for this land to be added to the Village of WestClay PUD. Brenwick is requesting that the
Sub -Area classifications on the west side of Towne Road, south of 131S Street be changed to permit
two new classifications —one termed Primary Area/Senior Housing, the other for Peripheral Retail
Area. This would be a re- allocation of up to 100,000 square feet of retail space already permitted
within the existing Village center to the west side of Towne Road.
The plan for the peripheral retail area is to extend the general architectural theme of the Village as a
classic, Indiana community. This would be the "up- town" area, the style would be similar to 1920's
Art Deco, and the proposed design is NOT a typical strip center. A number of technical and design
changes are also proposed in the Ordinance, (a number of patches within the Ordinance.) The
Ordinance and the Development Plan go hand in hand. The initial comments from the Department
indicate that the renderings and representations conform to the Ordinance and building principles and
they continue to be consistent with the Ordinance as changed.
There were five basic questions that the Committee considered. The first is whether or not Brenwick
should be allowed to re- locate 100,000 square feet of currently authorized, commercial space west of
Towne Road and south of 131S Street to peripheral retail area. This will not add additional space, it
will simply re- allocate space that is already permitted.
Secondly, should Brenwick be permitted to construct a 168 -unit, senior housing assisted living
facility and 48 senior housing villas west of Towne Road and north of Gleebe Street?
Thirdly, should the 3 0. 1 acre parcel at the northwest corner of 131S Street and Towne Road be
incorporated into the Village as an exclusively residential component?
Fourth, should the authorized density of the Village of WestClay, exclusive of the senior housing, and
51 village lots be increased from 2.0 to 2.1 dwelling units per acre?
Lastly, should the authorized residential density of the Village of WestClay, including the senior
housing, be increased to 2.41 dwelling units per acre?
There have been a number of changes in the plans from the initial review in August. The changes are
the result of discussion with Special Study Committee and input from the public. The first and major
change was to move the peripheral retail area shown north of 131 st Street back into the existing
Planned Unit Development of the Village of WestClay and away from the Lakes at Hayden Run
Subdivision. In doing so, the 30 -acre parcel on the northwest corner is exclusively residential; these
are single family, village lots similar to lots that are south of the Village Center in the Village of
WestClay. Brenwick has agreed to execute a restrictive covenant that would run with the land that
this 30 acres would be exclusively residential and not commercial at some future time.
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Another major change was to re- locate the senior housing area. Originally, the senior housing was
on the corner of 126 Street and Towne Road. In response to issues and concerns from both Laurel
Lakes and Committee, the senior housing has been moved and single- family village lots have been put
in place. This means that the three story, assisted living facility is now 1200 feet north of Laurel
Lakes and the one and one -half story independent living villas to the north would be 1600 feet north
of Laurel Lakes. The senior housing is basically internal to the Village of WestClay, on the east side
of Towne Road, in the existing Village of WestClay, surrounded by peripheral retail area,
townhomes, buffered by single- family homes to the south.
The maximum building height west of Towne Road will not change—it is currently 45 feet and will
remain —with the exception that buildings in the peripheral area and senior housing are limited to 40
feet, less than the permitted 45 feet.
The peripheral/retail area has been proposed for buffering by a daycare center, a use previously
permitted in the Village Center. The property to the west is the "Neal' property, and the
understanding is that it is under contract for development purposes. The amenities area for the
Village will serve as a buffer for the peripheral retail area.
No additional commercial square footage is being requested. Currently, the Ordinance authorizes
274,800 square feet and Brenwick has agreed to limit the amount of commercial space within the
Village without Commission approval to a higher amount, (274,800) and simply move up to 100,000
square feet to the west side of Towne Road. The most recent draft of the PUD proposes a limit of
no more than three restaurants and drive through facilities in the peripheral retail area and hours of
operation have been inserted into the Ordinance. Roundabouts have been added at Gleebe Street and
the main entrance on 131 st Street to help provide additional traffic flow into the area. The initial
proposal requested 2.3 dwelling units per acre—it is currently down to 2.1 dwelling units per acre,
excluding the senior housing of the Village Center Lofts. By raising the density from 2.0 to 2. 1, an
additional 72 residential units would be spread over 714 acres plus the Village Center Lofts located in
the mixed use/Village Center area. The senior housing has been excluded from the density formula
because there is a lot of evidence that senior housing has almost no impact at all on peak traffic.
Finally, at 2.1 units per acre, including the 51 Village Lofts and the 216 senior housing units, the
traffic study shows 3.5% less traffic than was found in 1998/1999 when the commitment were based.
The initial traffic study was done on the basis of more commercial square footage and 2.2 dwelling
units per acre.
Members of the public were invited to speak in opposition to the petition; the following appeared:
Public Remonstrance /Unfavorable
Marilyn Anderson, 3884 Shelborne Court, Carmel 46032 referred to recent correspondence from
area representatives regarding the remaining problems with the current proposal for expanding and
amending the Village of WestClay. The issues that remain are the density issue, and numerous other
issues regarding the retail area and those will not be gone over again. Ms. Anderson asked the
Commission to think about the message their vote will send to the Council. A split vote tells City
Council that there are issues remaining and those should be carefully considered. A unanimous or all
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but unanimous tells City Council that this is a good plan that should be approved. Density is not an
issue that is understood by most of the Commission members who choose to live inside the old City
limits. Please keep in mind that three fast food restaurants are excessive for this area. Brenwick has
not put a limit on the number of gas stations or convenience stores with gas sales. Brenwick's
response to a request for family- friendly hours of operation is 11:00 PM on weeknights, 1:00 AM on
Friday and Saturday nights. Do you really want to tell City Council that this is a good plan that
should be approved as is? Please split the vote so that City Council gets the message that more work
needs to be done on this plan.
Dee Fox, 11389 Royal Court, Huntington Chase, said the residents had worked really hard to get the
current changes that have been made and Ms. Fox thanked Brenwick for doing what they did.
However, there are still a few problems and probably for the surrounding neighbors, the major issue
is still density. The residents do not feel the lofts should be excluded. If there is so little difference
between 2.1 or 2.2 density, the residents would like to see it stay at the original density proposed.
Also, the uses are an issue. Three fast food restaurants are too many; also a free standing liquor
store should not be allowed since liquor would probably be sold at whatever convenience stores are
constructed.
Public Remonstrance /Favorable
John Erickson, 12548, Branford Street, Village of WestClay resident, said he and his wife and a
number of residents in attendance are very much in favor of Brenwick's proposal.
The public hearing was then closed.
Jerry Chomanczuk reported for the Special Study Committee. There were several meetings held to
discuss this proposal and the meetings included substantial public input. Modifications were made to
the plan in response to the Committee comments. The petitioner has been both responsive and
sensitive to public input. The Committee voted a favorable 3 -0 recommendation.
Jerry Chomanczuk made formal motion to forward Docket Nos. 04060035 OA and 04060036 Z,
Village of WestClay to the City Council with a favorable recommendation, seconded by Rick Ripma.
The vote was 7 in favor, 2 opposed (Dutcher and Rattermann) MOTION APPROVED.
2i. 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.
Note: The Public Hearing remains open on this item.
Steve Hardin, attorney with offices at 970 Logan Street, Noblesville, appeared before the
Commission representing Eclipse Real Estate. Also in attendance: Drew Warner, Eclipse Realty;
Dan Schnerr, Schneider Engineering.
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Unresolved at the last Committee Meeting were two issues. One was a response from the City
Engineer regarding a report or final recommendation on this site; this was received yesterday. The
second issue was to work with the neighboring HOA and their attorney to finalize written
commitments. Both of those issues have now been resolved.
The City Engineer's report set forth four (4) recommendations for access to the site. The bike lane
was originally proposed to run between the through street and the right turn lane—it was suggested
that the bike lane be relocated off of the pavement area into the right -of -way. The second suggestion
from the City Engineer's report was to have an additional through lane and it is a component of the
proposal of the project initially. In effect, there will be two through lanes of traffic that will be
aligned with the lanes on the opposite side of Keystone. This proposal would maintain the left turn
lane, the right turn lane, and the two through lanes. The fourth part of the Engineer's report was the
recommendation for a raised median. The petitioner does not object to the Engineer's report and
would agree if the Plan Commission were to approve the Development Plan and the ADLS subject to
the Engineer's report.
The second issue was the commitment, and numerous discussions have been held with Greg Silver,
attorney for The Maples HOA, as well as the Association Board Members. Mr. Silver has said that
the HOA does support the proposal as presently proposed, and written commitments have been
included in the informational packets. Additional language is still being worked out for those
commitments. The fence will be at least as high as the existing fence on The Maples of Carmel
neighborhood. The wooden portions of the fence will be double paneled. The developer has agreed
to install a certain variety of trees on The Maples side of the fence, every 20 feet, and these will be 8-
foot tall, Colorado Spruce trees. The neighbors also requested specific language as to the placement
of the dumpster and the architectural design of the dumpster —this has been agreed upon. The
petitioner has also specifically agreed to comply with the lighting plan and the site plan, and to allow
a resident to be one of the entities that could enforce the written commitments; this has been agreed
to as well.
At this time, the petitioner is requesting approval of the Development Plan and the ADLS plan.
Note: The public hearing remains open on this item.
Remonstrance /Unfavorable
Dottie Herrill, 3057 Sugar Maple Court, said the HOA did not agree to a fence around the project
constructed of wood. The residents would much rather have a brick wall—it would flow and blend
with the brick entry wall presently at The Maples.
Phyllis Stockholm, The Maples of Carmel resident, was opposed to the entire development and
thought it would adversely affect property values for homeowners in The Maples—traffic congestion
is also a consideration.
Linda Meade, The Maples HOA president, 3022 Crimson Court West, stated the HOA Board had
come to terms with the developer but is still working with the developer regarding the fence. The
residents were excited to know that there will be a median installed on 116 Street that will allow for
right in/right out only.
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Donna Cronin, 3037 Baybury Court West, The Maples of Carmel, said the number of businesses at
this facility is a danger to the community from a traffic standpoint. There have been a number of
pedestrian and vehicular accidents at this location and with the sidewalk and bicycle, this is a
dangerous, dangerous intersection.
Steve Hardin said the petitioner had comes to terms with The Maples HOA. The current proposal
will improve the traffic situation —there will be two travel lanes across, currently there is one. The
traffic analysis from Schneider Engineering has been submitted to the City Engineer and it shows that
the gas station use generated more traffic than the proposed use will generate. Regarding the fence,
it is difficult to get everyone to agree on what is most appropriate and most desirable for all
concerned. The petitioner continues to work with the HOA Board and has agreed to some of the
changes requested.
Department Report, Jon Dobosiewicz. As indicated by the petitioner, the final information from the
Engineering Department will allow for additional through lanes that will allow for more traffic to
interface with the intersection at a single time. The raised median will not allow left turns into the
site. Traffic cannot exit the site and proceed east bound on 116 Street, and traffic heading
eastbound cannot access the site either. As indicated, there may be some modifications to the
commitments, perhaps not in a substantive form.
The Department is requesting that the Commission allow review by the Department of any such
modifications prior to being recorded. This item will also go to the Board of Zoning Appeals for
consideration and we will report back to the BZA as to completion of those commitments.
With those items addressed, the Department is recommending that the Plan Commission approve the
DP /ADLS request subject to the recording of the commitments as proposed by the petitioner and as
will be amended in accordance with their agreement with the HOA.
Jerry Chomanczuk reported for the Committee. This project was reviewed extensively, and the
petitioner made many concessions and compromises. The petitioner reduced the footprint of the
building by about 10 they eliminated one drive through (originally there were three); the petitioner
remained firm with fencing and landscaping, adding sufficient trees and if the trees are planted, they
will buffer and cover whatever fence there is, be it wood or brick. The petitioner donated right -of-
way. There were several Committee meetings and some of the remonstrators this evening are being
heard for the first time. Property values were discussed; the site is zoned commercial and possible
alternative uses were discussed. However, when the Committee voted, it was 3 -0 no
recommendation to the Plan Commission, based solely on the traffic condition. It was reserved that
until the City Engineer submitted a traffic report, the Committee was not satisfied with the in/out
currently proposed. The City Engineer report addresses much of the stacking. The installation of a
median will eliminate traffic crossing east /west, and hopefully incidents of accidents will diminish.
The market will dictate what eventually goes at this location, and the traffic issue will still exist. The
median is going to go a long way toward addressing the problem.
The petitioner has bent over backwards to resolve issues, and at this time, Jerry Chomanczuk
announced a positive recommendation.
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Dianna Knoll asked how many tenants would be in this center; Mr. Hardin thought 3 or 4, although it
is not definitely set.
Jon Dobosiewicz commented that if the petitioner is unwilling to construct the raised median, and the
Plan Commission approves this, the petitioner would be allowed to proceed with construction at the
time the median is installed. Jon's understanding was that the petitioner would agree not to
remonstrate against the City installing a median. If the petitioner is not in a position to construct the
improvements as illustrated, then the recommendation of the Department is for the Board to deny this
petition.
Mr. Hardin apologized for any miscommunication. Mr. Warner has committed to install the median.
Department Comments, Jon Dobosiewicz. The Department is recommending that this item be
approved subject to the recording of the commitments as modified and consistent with the agreement
with the Homeowners Association. Approval should be further conditioned upon the construction of
the improvements contained within the exhibit provided by the City Engineer and substantial
compliance with that exhibit prior to occupancy of the buildings.
Mark Rattermann made formal motion to approve Retail Docket No. 04060033 DP /ADLS, 116
Keystone Shops, subject to commitments made by the Petitioner for the Homeowners Association
and subject to the commitments made for the road improvements and per the suggestion of the City
Engineer, seconded by Jerry Chomanczuk, APPROVED 9 -0.
3i. Docket Nos. 04030047 DP /ADLS and 04030048 Z:
North Augusta, Sec 1, lots 10pt -11 and Sec 2, Lot 39:
My Three Sons Ventures, LLC
The applicant proposes a retail building development and rezoning lot 39 from S-
1 /Residence to Business. The site is located southeast of 97th Street Michigan Rd.
The site is zoned B -2 /Business and S -1 /Residence within the US 421 Overlay Zone.
Filed by Chris McComas of Advocati, LLC.
Chris McComas of Advocati, LLC appeared before the Commission representing the applicant. Also
in attendance were the Landes Brothers. The site is at 97 Street and Michigan Road within the US
421 Overlay Zone. There are currently four buildings on this site, one of which is a residence,
another is a warehouse building, a dental office, and two retail buildings. The house will be torn
down; the one -story building will be re- skinned.
Currently, there are 7 variances filed with the Board of Zoning Appeals. The petitioner met with the
County regarding roadway access and at their suggestion, the entrance on 97 Street was moved to
the far eastern corner of the site. The present entrance containing a curb cut onto Michigan Road
will be moved farther north, farther away from the intersection so that it ties in better with the
development. The connection on 96thStreet is presently being discussed with the County. The offer
before the County is that if they will consider shortening the median on 97 Street so that this site
can be accessed, the entrance off of 96 Street would be an entrance only and no longer an exit —this
should improve traffic on this corner. The larger two -story building is retail on the first floor, office
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on the second floor, and is approximately 35,000 square feet; the smaller retail building is
approximately 8,000 square feet.
As a part of this development, the petitioner is also requesting two drive through lanes, one on the
larger building, and one on the smaller building to the north. The drive through on the smaller
building necessitates a variance because the Overlay Zone requires the drive through to be at the rear
of the site.
Jerry Chomanczuk reported for the Special Study Committee. The project will be a welcome facelift
to the area and favorable comments have been received from surrounding residents. The area is a
somewhat run -down, commercial area and includes dental, automotive, and puts it under a nice
rooftop. A comment letter was received this evening from Charles Spray, resident of this area. Mr.
Spray is basically asking for some consideration as the development moves forward that the residents
be treated with "dignity and respect." The Committee voted 3 -0 in favor of this development.
Department Comments, Jon Dobosiewicz. The Department is recommending favorable consideration
of the ADLS. The dedication of right -of -way is depicted on the sight plan. Including the rezone, a
favorable recommendation to the City Council, there are two separate requests before the
Commission this evening. One request is for final action on the DP /ADLS, the other request is for a
rezone recommendation to the City Council.
Mr. McComas stated that the petitioner would like to acquire Mr. Spray's real estate, but there has
been no agreement reached thus far.
Jerry Chomanczuk made formal motion to approve Docket No. 04030047 DP /ADLS and to forward
Docket No. 04030048 Z, North Augusta, Sec 1, Lots I Opt- 11 and Sec 2, Lot 39, My Three Sons
Ventures, LLC to the City Council with a favorable recommendation; the motion was seconded by
Rick Ripma. Note: No Action Was Taken on this Motion.
At this time, Jim Beatty, attorney for Charles Spray and other remonstrators asked to be heard.
Remonstrance /Unfavorable:
Amber Carson Crane, 3722 West 98 Street, North Augusta Neighborhood Association, spoke in
opposition to this development. The Landes have not been "good neighbors" and their clientele is
questionable. One of the tenants is a pornography shop. The neighboring residents are upset about
the two drive throughs that will possibly filter traffic onto residential 97 Street. There is not
sufficient buffer on the north side of the development, nor on the east side of the development to
protect Charles Spray and the residents of that side of the street. The residents would also like
information about the site formerly a gas station —were the tanks removed and is it environmentally
sound to build at this site. The residents are not opposed to commercial development at this
location because it is already commercial. The residents are, however, opposed to the type of facility
proposed —drive through facilities.
Jim Beatty, attorney, 151 North Delaware, Indianapolis, appeared before the Commission
representing Charles Spray and referred to the letter submitted by Mr. Spray. Mr. Spray is the owner
of property located at 3745 West 97 Street, the lot immediately adjacent to the lot proposed for
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for rezone. Mr. Spray is looking to the Commission for protection of his property screening,
commitments regarding lighting, sound restriction, hours of operation.
Leo Dierckman commented that at this time, it seems appropriate to return this Docket to the Special
Study Committee.
Mark Rattermann suggested that the Public Hearing be closed at the Committee level upon
completion of Committee review.
Dianna Knoll made formal motion to return Docket Nos. 04030047 DP /ADLS and 04030048 Z,
North Augusta, Sec 1, lots 10pt -11 and Sec 2, Lot 39, My Three Sons Ventures, LLC to the
Special Study Committee for review completion, seconded by Mark Rattermann. The vote was 7 in
favor, 2 opposed Chomanczuk, Ripma) Motion Approved. Note: The public hearing will be closed
at the Committee before Docket 04030048 -Z (rezone request) returns to the full Commission.
Dan Dutcher then moved to suspend the Rules of Procedure and grant the Special Study Committee
authority to bring Docket 04030047 DP /ADLS to final resolution, seconded by Dianna Knoll,
Approved 8 in favor, 1 opposed (Torres.)
4i. 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, of GPD Group Engineering /Architecture for Young Brands, appeared before the
Commission representing the applicant. This was originally proposed as a Kentucky Fried
Chicken/Long John Silver's multi -brand restaurant; however, Long John Silver's was unwilling to
"sign off' on the proposal. The layout of the property will not change —the footprint of the building
remains the same.
The petitioner has modified the ground sign pursuant to the Special Study Committee and has also
modified the blade sign to a maximum of three feet wide by six feet tall. The petitioner has agreed to
the dedication of a 45 -foot one -half right -of -way on Range Line Road.
Jerry Chomanczuk reported that this proposal will be a welcome change to Range Line Road. There
are no overwhelming signage issues, and the elevation on Range Line Road will match what is
replacing the Ponderosa building and the existing Day Furs.
Department Comments, Jon Dobosiewicz. The petitioner has made modifications to the ground sign
and blade sign design and those modifications are consistent with the recommendations of the Special
Study Committee. The Department recommends approval of the petitioner's request, subject to the
dedication of the 45 foot one -half right -of -way.
Dianna Knoll moved for approval of Docket No. 04080042 DP /Amend /ADLS, Kentucky Fried
Chicken /Long John Silver's, with the inclusions of the 45 foot one -half right -of -way
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dedication, seconded by Madeleine Torres, APPROVED 9 -0.
5i. 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 with Ice, Miller appeared before the Commission representing the applicant.
The subject site has been through the rezone process and has been reviewed by the Special Study
Committee. The property is at the northwest corner of 116 and Guilford Road.
The petitioner has agreed to dedicate a 40 -foot one -half right -of -way along Guilford Road. The
petitioner has also agreed to limit the colors on signage. Logos can be treated differently and have
more than two colors (for instance, Starbucks). Logos will be limited to 25% of the sign square
footage. There some signs that are tenant identification signs at the rear of the buildings; these signs
will be kept consistent and the colors will be limited and the lettering will also be consistent. The
dumpster enclosure will have the same brick materials as the building, and the two "swing" doors
were made a little taller.
The petitioner has agreed to provide access to the property to the west, provided that the adjoining
property owner and the petitioner can agree to reasonable terms. The petitioner has also agreed to
work with the Department of Engineering in respect to any lighting fixture that may be on the right
of -way.
Finally, the revised landscape plan was submitted to the Urban Forester. The Urban Forester
requested that Hawthornes be replaced, and those have been replaced with Serviceberry trees.
There was discussion regarding window treatment, and the petitioner agreed to no decals on the
windows and there would be a consistent, interior shade for all tenants to effect consistency from the
street view. The glass in the windows is clear, insulated glass.
The last issue concerned a wall in the Woodpark Neighborhood that would buffer their residential
neighborhood from the proposed project and also help mitigate the effects of the 116 Street
expansion project. Currently, there is an entry wall along 116 Street in the Woodpark Subdivision.
The residents of Woodpark desired to extend the height o the wall in Woodpark. Upon examining
the existing wall, the petitioner felt it would be difficult to extend, engineering wise. The petitioner
proposed landscaping or contribution of a sum of money to whatever type of buffer Woodpark
deems suitable.
Jerry Chomanczuk reported that the Special Study Committee had reviewed this proposal and had
voted a 3 -0 favorable recommendation. The favorable recommendation was conditioned upon the
following: Dedication of right -of -way along Guilford Road, and acceptance of efforts made by the
petitioner to address the buffer concerns of the residents in Woodpark on the south side of 116
Street. The residents would like an 8 -foot fence; the Committee was not certain what an appropriate
height would be but a six -foot fence was discussed.
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Department Report, Jon Dobosiewicz. Item Number 1 in the Department Report should recite
dedication of a 40 -foot one -half right -of -way along the full extent of Guilford Road rather than
45 feet. The Department is recommending approval of the DP /ADLS as amended by the applicant's
response this evening.
Mark Rattermann moved for approval of Docket No. 04080060 DP /ADLS, 116 Street Centre,
seconded by Madeleine Torres, APPROVED 9 -0.
6i. Docket No. 04070034 Z: Traditions on the Monon PUD
The applicant seeks to rezone approximately 11 acres from R -1 /Residence and B-
2 /Business Classifications to PUD /Planned Unit Development. The site is located
northwest of 136th Street and Range Line Road.
Filed by Jim Shinaver of Nelson Frankenberger for Buckingham Properties, Inc.
Jim Shinaver, attorney with Nelson Frankenberger appeared before the Commission representing
the applicant. Also in attendance: David Leazenby, Buckingham Properties; Sean Sullivan, Centex
Homes; Gary Murray and Chad Karum, Mid States Engineering.
The real estate is approximately 12.2 acres, bordered on the west by the Monon Trail, on the south
by 136 Street, and on the east by Range Line Road. The current use of the real estate is B -2
Business with a small amount zoned R- I Residence. The proposed development received a favorable
recommendation from the Subdivision Committee.
David Leazenby then addressed the Commission. Additional real estate has been added since the
initial filing to bring the development to a total of 12.2 acres. The site plan has also changed and
integrates more with the street network of Old Town. Parking spaces have been added, now 95—up
from 66 guest spaces. Land -bank parking spaces have also been created for future use.
Lighting has been added at some of the intersections of the project. Also, the applicant has met with
Ron Farrand of the Carmel Schools regarding the school buses navigating the project area, and the
school is satisfied with the proposal.
Landscaping has been significantly up- graded, and Scott Brewer, the City Urban Forester has given
his approval to the plan. The applicant has met with the Carmel Clay Parks Board regarding the trail
extension. A portion of the land will be utilized for the trail extension and a park as well.
Jim Shinaver summarized by saying the proposed development provides an appropriate and
reasonable transition from more intense commercial uses to the north and east, and residential uses
from the south and west. At this time, the petitioner is seeking rezone approval only, not DP /ADLS
approval. If the rezone is granted, the petitioner will return with a Development Plan and ADLS for
approval at a later date.
Dan Dutcher reported for the Subdivision Committee who felt that this proposal is an appropriate use
and supported the concept behind the change in zoning, obviously noting that more details will be
presented with the Development Plan and ADLS. The parking, lighting, and landscaping changes are
reflected in the revised information packets. The petitioner is to be commended in working with
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DOCS and the Parks Department regarding access to the Monon Trail and the intersecting Cool
Creek Trail. The Committee voted a 3 -0 favorable recommendation.
Department Report, Jon Docobiseiwcz. At this time, the Department is recommending favorable
consideration.
Dianna Knoll commented that traffic on 136 or Smokey Row will be a part of this process as the
development moves forward, and this is to be addressed at the time of DP /ADLS review.
Mark Rattermann made formal motion to forward Docket No. 04070034 Z, Traditions on the
Monon PUD to the City Council with a favorable recommendation, seconded by Dan Dutcher,
APPROVED 9 -0.
*Note: Items 7i. and 8i. were heard together
7i. 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.
8i. 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.
Mary Solada, attorney with Bingham McHale appeared before the Commission representing the
applicant. Also in attendance: Cindy Schembre, Vice President Retail Area of Duke Realty.
This matter encompasses the Primary Plat approval, the Subdivision Waiver, and the Plat Vacation
for West Carmel Center and comes to the Commission with a favorable recommendation from the
Subdivision Committee.
The Subdivision Committee discussed comments of the residents of North Augusta Neighborhood
and as a result, commitments from Duke Realty have now been prepared and executed. The
commitments spell out the construction of a berm between the proposed development and the rear of
the north lots in the North Augusta Neighborhood which shall reduce some existing trees (not the
new plantings.) Some trees will have to be removed to accommodate the berm; the berm will be
located on Duke's property. Secondly, one of the commitments provides for recourse in the event
wells or septic systems in North Augusta are negatively affected arising solely from construction
activities of the petitioner. The petitioner will then offer an appropriate remedy pursuant to best
engineering practices and as otherwise required by Indiana law.
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Ms. Solada felt that all issues had been addressed.
Dan Dutcher reported for the Subdivision Committee. The petitioner has summarized the main
concerns —the berm and the neighborhood wells and septic systems. The goal was the written
commitments, and this has been accomplished. The Committee voted a favorable recommendation.
Department Comments, Jon Dobosiewicz. At this time, the Department is recommending approval
of both the Plat Vacation and the Primary Plat and waiver.
Dan Dutcher moved for approval of Docket No. 04080044 PV, West Carmel Center, Blk F, Lot 1
plat vacation, Docket No. 04080052 PP, West Carmel Marketplace, Primary Plat, and Docket
No. 04080053 SW, Subdivision Waiver SCO 6.03.15.2, subject to the recording of written
commitments tendered this evening; seconded by Mark Rattermann, APPROVED 9 -0.
9i. 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 appeared before the Commission seeking a rezone of Lot 9 (pt) in
Carey's Addition within the Old Town Overlay, Character Sub -area.
As a result of review by the Special Study Committee, three contingent requirements were added to
this proposal. The landscaping plan will include additional trees and buffer along the neighboring
property— reviewed and approved by Scott Brewer, the City Urban Forester. The garage will be
available and used for parking. All employees at this business will be informed NOT to utilize the
driveway of the neighbor to the south as a turn around in order to access the subject site.
Dan Dutcher reported for the Subdivision Committee. The petitioner has addressed the main issues
that were identified by several neighbors as well as members of the Committee, i.e. the commitment
related to parking and the additional landscaping. With the commitments tendered, the Committee
voted a 3 -0 favorable recommendation for approval.
Department Report, delivered by John Molitor. The Department recommends that the Plan
Commission forward this docket to the City Council with a favorable recommendation.
Dianna Knoll moved to forward Docket No. 04060026Z, Carey's Addition, Lot 9 (pt) to the City
Council with a favorable recommendation, seconded by Rick Ripma, APPROVED 9 -0.
J. New Business
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1j. Docket No. 04090045 ADLS: O'Malia Fireplace
The applicant seeks approval of a building and parking lot expansion. The site is
located at 220 S. Range Line Road. The site is zoned B -1 /Business and is within the
Old Town Sign Boundary Overlay.
Filed by Paul Reis of Drewry Simmons Vornehm, LLP for Helen J. O'Malia Trust.
Paul Reis, attorney, Drewry Simmons, et al appeared before the Commission representing the
applicant. Also in attendance: Helen and Kevin O'Malia; Barabara Eden, Carson Design Associates;
Mike DuBoy, DuBoy Land Development, Civil Engineer.
The subject site is located at 220 South Range Line Road, within the Old Town Sign Boundary
Overlay. The owner is proposing to construct a 2,250 square foot addition to the existing building.
Under the B -1 zoning, the bufferyard requirements apply to this particular site. Under those
requirements, 22 shade trees, 14 ornamental trees, and 66 shrubs or 22 evergreens would be
required. Due to the size and characteristic of this already developed site, the applicant has filed for a
variance application for relief from these requirements.
This evening, a landscape plan is being submitted that the applicant believes provides adequate and
reasonable landscaping to enhance the site and provide for attractive side and rear yard plantings in
an urban setting. There is no residential use to the south, west, or to the north. The bakery site is
now owned by the Carmel Redevelopment Commission and will hopefully be redeveloped soon.
The site plan also provides for on -site parking. At the time the bakery was in operation, there was an
agreement that allowed them to use this particular site for parking. However, with the acquisition by
the Redevelopment Commission, the parking needs to be moved onto the site.
Additionally, the plan includes a dumpster enclosure and the landscape plan provides for landscaping
around the building and along the sides to enhance the site. The proposal also includes a patio area
in the front. The intent is to make certain permanent improvements to the site that will basically
allow the display of products for sale in a landscape setting where they would be typically seen. A
decorative fence would enclose the patio area.
Department Report, Jon Dobosiewicz. The Department does not support the significant reduction in
site landscaping from that which was shown on the landscaping plan initially submitted. The outdoor
display qualifies as outdoor storage and would qualify as a Special Use that would need to go to the
BZA for consideration. The Department would like the lawn furniture displayed to the rear. The
Department would also like the 1 '/2 story block garage painted to complement the primary structure.
The parking spaces should be clearly identified.
Jerry Chomanczuk expressed a major concern about the creation of display on Range Line Road.
Docket No. 04090045 ADLS, O'Malia Fireplace was forwarded to the Special Study Committee
for further review November 30, 2004 at 7:00 PM in the Caucus Rooms of City Hall.
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There being no further business to come before the Commission, the meeting was adjourned at 10:50
PM.
Ramona Hancock, Secretary
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Leo Dierckman, President
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