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HomeMy WebLinkAboutMinutes PC 03-17-09of CA G`PCA T N T A m City of arme /ND I AN P CARMEL PLAN COMMISSION TUESDAY, MARCH 17, 2009 Council Chambers Carmel City Hall Carmel IN 46032 6:00 PM Minutes Members Present: Leo Dierckman, Jay Dorman, Brad Grabow, Wayne Haney, Woody Rider, Carol Schleif, Steve Stromquist, Madeleine Torres, Sue Westermeier Members Absent: Dan Dutcher, Rick Ripma DOCS Staff Present: Michael Hollibaugh, Director; Angie Conn; Adrienne Keeling; John Molitor, Legal Counsel Also Present: Ramona Hancock, Plan Commission Secretary The minutes of the February 17, 2009 meeting were approved as submitted Legal Counsel Report, John Molitor: Executive Committee Meeting this evening at the conclusion of the Plan Commission meeting, followed by Executive Session. Announcements, Dept. Concerns: Update on Smart Code and Charrette, Adrienne Keeling: Participation slow to start but gathered momentum to almost 100 persons at end; heavy participation from Old Town Area. General misconception from residents was that redevelopment would take over everything within the boundary -ideas well received from residents within the boundaries. Civic green/park at Main and Range Line Road was a well- received idea; other ideas included a trolley line and and a college campus in the Science Technology Park —lots of ideas driven by residents and will be distributed in a book of ideas; the team is working on a draft of the SmartCode for possible release in April. Public referred to website: www.carmelsmartcode.com for detailed information. 1H. Docket No. 08110006 DP /ADLS: Greyhound Commons, Phase III Key Bank (Kite PUD) The applicant seeks site plan design approval for a bank. The site is located at the southeast corner of 146"' St. and Lowe's Way. The site is zoned R -4 /Residence, pending a PUD /Planned Unit Development rezone. Filed by Kite Greyhound III, LLC. S: P1anCommission /Minutes/P1anCommission /2009 /mar17 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 2 -3H. Docket Nos. 08110007 OA 08110008 Z: Kite PUD Rezone, Expansion (Key Bank) The applicant seeks rezone and ordinance amendment approval to expand Kite PUD Ordinance Z -344- 00 to include 1.7 acres at the southeast corner of 146"' St. and Lowe's Way and to modify text. The site is currently zoned R -4 /Residence, pending a PUD/ Planned Unit Development rezone. Filed by Kite Greyhound III, LLC. Note: Items 1H and 2 -31 were heard together. Present for Petitioner: Paul Reis, attorney, 3985 West 106"' Street, Suite 110, Carmel; Eric Strickland, Kite Realty Group; Dan Harris, Key Bank; Kevin Hanks, Architect; D.J. O'Toole, ENH &T Engineers; and Matt Brown, A &F Engineering. Overview: Site located at southeast corner of 146` Street and Lowe's Way Currently zoned R -4 Residential Request to amend current PUD Ordinance for Lowe's Center to bring 1.7 acres into the PUD Amendment will have specific development use standards Amendment will limit development on site Any proposed development will be complementary to Danbury Estates, adjoining to the east Email from Danbury Estates HOA distributed to Commission members Hours of Operation Limited -7:00 AM to 7:00 PM No retail uses permitted Low Traffic Impact Uses Permitted Snow removal and trash pick -up limited to weekdays -7:00 AM to 9:00 PM No loud speaker or audio system permitted except for bank teller station Height Limitation on building to 30 feet Accessory Building height limited to 18 feet —consistent with residential Number of tenants limited to three (3) Will re- locate wall that currently goes around Loew's Way and enclose site Light standards reduced to 15 feet Bank Building is 19 feet at its highest point Signage eliminated on the east and south facades No access to the site from Danbury Estates Retention pond is significant and has sparked a number of issues with the neighborhood regarding maintenance Petitioner believes this use to be an appropriate and transitional use between residential and commercial Petitioner is drafting a Potential Agreement regarding the pond that will address issues Bank is being located as closely as possible to intersection to minimize maximize the distance of the building wall from the adjacent properties to east Two different points of access proposed: One access point on 146"' Street —right in/right out —at approval of County Commissioners Second access point on Lowe's Way—provides additional distance from intersection to the point of access —left in, right out Building contains 4,318 square feet; constructed of brick with stone band and cornice feature Building has red awnings for residential feel Lights on drive -thru face north, not east toward residential Landscaping requirements buffer yard requirements have been met Additional plantings along the wall will further buffer the site from residential S: P1anCommission /Minutes/P1anCommission /2009 /mar17 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Tree protection is an issue and should be resolved prior to Committee meeting Wall signs are on west and north walls; south and east signs eliminated Monument sign is consistent with architecture/brick of building Photometric plan submitted--complies with Ordinance Drainage issues outstanding from County Surveyor Stormwater detention capacity confirmed Petitioner working with County regarding access to 146 Street Reiterate: There will be no connection from this site thru the residential neighborhood Traffic will either exit 146"' Street or onto Lowe's Way Currently there are no parking islands specified in the site plan —will be discussed with Dept prior to Committee meeting Public Comments: No Public in Attendance Department Report, Angie Conn: Two major issues o Access o Storm -water Detention Department recommends forwarding to April 2" Special Studies Committee Commission Comments: What happens if County does not grant access from 146"' Street? What is construction material of wall and height of wall between Bank and Danbury How is balance of Kite Property to be treated—grass/park/deeded to Danbury? Email submitted should be from officer of HOA Board of Directors —would be more official Several homes in Danbury owned by investors- -What is plan for balance of property— rezone is the first step in ultimate plan Portion of Site seems to be a total disregard for the neighbors Pond Fountains on Lowe's site never seem to work and are in poor shape Would like to know plan for balance of property 146"' Street is already heavy traffic and dangerous Any way to deed undeveloped portion to City to provide a park for residents—perhaps seed with wildflowers Rezone is a huge step for commercial Not known what expectations are from Danbury No one in attendance representing Danbury —hard to determine their position —what is the agreement with the neighbors Petitioner's Response, Paul Reis: Pond is owned by Lowe's—situation is currently being worked on Agreement with neighborhood to address on -going maintenance of undeveloped land Hope to have a definitive agreement with neighbors soon Will have a plan and address questions at Committee Meeting Currently no plan for balance of property S: P1anCommission /Minutes/P1anCommission /2009 /marl7 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Eric Strickland, Kite Realty Group, 30 South Meridian Street, Indpls o Balance of property –to the south and east is part of detention pond system —water quality, dry pre- treatment area that services some of the Lowe's Development and is also a flood plain for Cool Creek part of a permit, wetland mitigation area o Property has certain restrictions that Kite is obligated to maintain o Agreement with neighbors is to put recorded documents between land owner Kite Realty and Danbury Estates to help subdivision gain control of o Land has certain restrictions that Kite is under obligation to maintain o Agreement being reached with the neighborhood is to provide a recorded document between the land owner, Kite Realty and Danbury Estates to help the subdivision gain control of maintenance with Kite providing a consistent level of funding o Kite can intervene and take control of the Lowe's pond, even without ownership, and have Danbury involved in the maintenance on an annual basis o There are some County -owned parcels at the end of Dublin Drive that do not get mowed routinely Additional Commission Questions /Comments: o What assurance to neighborhood and Plan Commission for provision of funds by Kite to provide maintenance "in perpetuity" basis o Ownership could change frequently o Request more specifics at Committee level regarding agreement between Kite and Danbury o Creating a park in the intermediate area is an interesting idea o Good opportunity to clean up stub streets in this neighborhood o Caution Committee to look at agreements carefully o If meeting with County Commissioners regarding access does not occur, any point in attending Committee? Eric Strickland, Response: o Ownership is subject to change o Currently, all parties in the PUD Agreement, through their lease, are contributing o Kite would record the Agreement and would be a matter of title o Kite has funded legal counsel for the HOA o Kite has been meeting with Danbury HOA since Thanksgiving o A lot of Danbury's concerns have been covered in points raised by Commission o Intermediate area is a wetland area—unknown as to what can and cannot be done John Molitor, Legal Counsel o It is proper for Plan Commission to insist on appropriate commitments regarding the rezoning proposal Department Response, Angie Conn: o Petitioner to keep Department up -dated o Will make determination as to appearance at Committee o Recommend Referral to April 2" d Special Studies Committee I. Old Business 11. Docket No. 08100012 PP: Lakeland Subdivision The applicant seeks primary plat approval for 2 lots on 10 acres. The applicant also seeks the following subdivision waiver: Docket No. 08100013 SW SCO 6.05.01 lot with no road frontage S: P1anCommission /Minutes/P1anCommission /2009 /marl7 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The site is located at 12650 Clay Center Rd. and is zoned S1 /Residence. Filed by Michael DeBoy of DeBoy Land Development Services for Christian Browning. NOTE: Brad Grabow Recused from all discussion and voting on this item. Present for Petitioner: Colin Patterson, DeBoy Land Development Services, 501 South 9 Street, Noblesville, for Christian Browning Overview: o Two -Lot Subdivision o Subdivision Waiver for No Road Frontage o Petitioner has appeared before Subdivision Committee o Petitioner has received approval from Carmel Police and Fire Depts. o Conditional approval received from Carmel Engineering Dept. (receipt of final construction documents) o The path is to be outside the floodway, 50 -60 feet, and owner has agreed to pay for a portion of the path to be constructed o Future house on Lot 2 must follow draft architectural guideline standards Committee Report, Carol Schleif: o Discussion revolved around conditions of approval by Committee o 1) Receipt of Final Construction Documents by Carmel Engineering 2) Path is to be constructed outside the floodway —owner agrees to pay for a portion of the path to be constructed 3) Owner will pay for a portion of the path to be constructed 4) Future house on lot 2 must follow draft architectural guideline standards o Committee voted a unanimous favorable recommendation with above conditions Department Report, Angie Conn o Recommend approval of Primary Plat and Subdivision Waiver with conditions as stated Motion: Jay Dorman "to approve Docket No. 08100012 PP, Lakeland Subdivision and Docket No. 08100013 SW, SCO 6.05.01, lot with no road frontage," seconded by Carol Schleif, voted 8 in favor, 0 opposed, 1 recused Grabow) Approved with conditions as stated. 2I. Docket No. 08120013 DP /ADLS: The Barrington of Carmel (Park Place PUD) The applicant seeks site plan design approval for a continuing care retirement community (CCRC). The site is located northeast of 116"' St Guilford Rd and is zoned PUD /Planned Unit Development. Filed by Greystone Communities on behalf of Mayflower Communities. Present for Petitioner: Dave Coots, attorney, Coots Henke Wheeler; Mark Sheegan, Greystone Communities; Ben Diechman, R. T. Moore Engineering Overview: o Petitioner has appeared at March 3r Subdivision Committee o Petitioner has agreed to substitute evergreen plant material for shade tree material close to the building pad o 12 of the 15 shade /ornamental trees on the west and north sides of the independent living area will be replaced with evergreens—agreed to by Scott Brewer, City Forester S: P1anCommission /Minutes/P1anCommission /2009 /marl7 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Design of the entry ways to the south and north have been modified to include a 2X2 brass plate, mounted to a fence piling that would read: "The Barrington of Carmel, South Entrance" and "The Barrington of Carmel, North Entrance." A list of sustainable green building and site options highlighted at Committee will be submitted in writing Dept of Engineering has requested that the entrance to the Duke Energy Sub station and the south entry be consolidated by a cross-easement—in process of negotiation with Duke Energy Committee Report, Carol Schleif: o Green Features include roof garden over underground parking are Most all issues now resolved Committee voted unanimous recommendation for approval Department Report, Angie Conn: No issues except for Engineering —will be handled at Construction Document Phase Department recommends approval Motion: Woody Rider "to approve Docket No. 08120013 DP /ADLS, The Barrington of Carmel (Park Place PUD)" seconded by Jay Dorman, approved 9 -0 Motion Carried. 3I. Docket No. 08080020 ADLS: Hotel Indigo The applicant seeks design approval for a 5 -story hotel building. The site is located northeast of 131S St. US 31 and is zoned B-6/Business within the US 31 Overlay. Filed by Jay Gibson of CDG Consulting, Inc. Present for Petitioner: Jay Gibson, CDG Consulting, Indianapolis. Overview: Request Design Approval for Hotel Indigo Site is a 3.108 acre tract within a larger PUD Development previously approved by Plan Commission Site is zoned B -6 within US 31 Overlay 5- story, 104 -room hotel, approx 4600 square feet of meeting room, plus warming kitchen Petitioner utilizing bio- detention facility on north side of site, provided by developer of tract Landscape plan approval received by Scott Brewer Jovan Rayle, Dimensions Architectural, Kokomo o Amount of EIFS reduced to 10% or less Amount of brick increased Entry ways are all brick Special Studies Committee Report, Woody Rider Murals for art will go through Special Studies Committee for final approval before announcement of contest winner Art changed out every 3 -5 years Petitioner will return for sign variance Shared parking discussed Indigo Hotel affiliated with Continental Hotels Department Comments, Angie Conn: Commitments from Petitioner regarding shared parking agreement, tree preservation, signage review S: P1anCommission /Minutes/P1anCommission /2009 /marl7 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Department recommends approval of project with commitments submitted Motion: Jay Dorman "to approve Docket No. 08080020 ADLS, Hotel Indigo," seconded by Madeleine Torres, approved 9 -0 Motion Carried. 4 -5I. Docket No. 08070022 DP Amend /ADLS: St. Vincent Sports Performance Center The applicant seeks site plan and design approval for a sports performance /training/ physical therapy center and medical offices and also seeks zoning waiver approval: Docket No. 08070023 ZW ZO §27.01: required parking spaces The site is located at 13400 N Meridian St. and is zoned B-6/Business within the US 31 Overlay and OM /MM Old Meridian District, Mixed Medical. Filed by Darrell Phillips for BremnerDuke Healthcare Real Estate. Present for Petitioner: Paul Reis, attorney, 3985 West 106 Street, Carmel representing BremnerDuke Healthcare Real Estate. Overview: Attended Special Studies Committee for review Feb and March Issues Addressed include Building Elevations, Parking Detail resolved, LEED items submitted, and future connection with Browning Investments development to the west was discussed. Findings of Fact for the Development Plan and Zoning Waiver have been submitted All Issues have been addressed, including the Forestry Dept Special Studies Committee Report, Woody Rider: Parking was an issue but has been resolved Committee voted 4 -0 to recommend approval Department Comments, Angie Conn: Tree Preservation Plan has been approved by City Forester Department recommends approval of both Dockets Motion: Woody Rider "to approve Docket No. 08070022 DP Amend/ADLS, St. Vincent Sports Performance Center and Docket No. 08070023 ZW, required parking spaces," seconded by Madeleine Torres, approved 9 -0 Motion Carried. J. New Business ADLS Amend Process, Brad Grabow: Overview: ADLS Amends are currently delegated to Committee level for action Decisions on Amendments to ADLS are made by Committee (5 persons rather than 11) Given the current workload of Committees, it may be an opportune time to examine whether or not these are dealt with at the Committee level as opposed to starting at full Plan Commission Would like to suggest that DOCS Staff weigh the pros /cons on how these are handled at present versus how they might be handled if ADLS Amends were brought back to the full Commission S: P1anCommission /Minutes/P1anCommission /2009 /mar17 7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Possibly consider starting at Commission and if forwarded to Committee, could delegate authority to Committee John Molitor agreed to put this item on an Agenda for a future Executive Committee Meeting. K. Meeting adjourned at 7:05 PM. Leo Dierckman, Chairperson Ramona Hancock, Secretary S: P1anCommission /Minutes/P1anCommission /2009 /marl7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417