HomeMy WebLinkAboutMinutes PC 05-19-09V` A4 A THE
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CARMEL PLAN COMMISSION
TUESDAY, MAY 19, 2009
City Hall Council Chambers
One Civic Square
Carmel IN 46032
6:00 PM
Members in attendance: Leo Dierckman, Jay Dorman, Brad Grabow (late arrival) Kevin Rider,
Rick Ripma, Carol Schleif, Madeleine Torres, Susan Westermeier
Members absent: Dan Dutcher, Wayne Haney, Steve Stromquist
DOCS Staff Present: Director Michael Hollibaugh, Angie Conn; Legal Counsel John Molitor
Also present: Ramona Hancock, Secretary Carmel Plan Commission
The Minutes of the April 21, 2009 Plan Commission meeting were approved as submitted
Legal Counsel Report, John Molitor: A Complaint has been filed on behalf of the Plan Commission
against Ryan Patrick Lewis at 646 Johnson Drive, Carmel, concerning the construction of a garage that is
not in compliance with Johnson Acres Subdivision Covenants. John Molitor recommended that the Plan
Commission authorize Leo Dierckman, as president, to meet with Mr. Lewis and work out a settlement
something acceptable to the full Commission.
Motion: Carol Schleif "to authorize Leo Dierckman to meet with Mr. Lewis to reach an agreement that
is acceptable to the full Plan Commission," seconded by Rick Ripma, approved 7 -0. Motion Carried.
F. Communications, Bills, Expenditures, Legal Counsel Report
1F. Pros /cons of reviewing ADLS Amendment applications at committee level
TABLED to June 16, 2009
G. Reports, Announcements, Department Concerns
Department Announcements, Angie Conn: Agenda Items 111, 2 -311, 4 -511 have been tabled to the
June 16, 2009 meeting
H. Public Hearings
111. TABLED TO JUNE 16: Docket No. 08100014 Z: 146th Gray Rezone (146th Street Office
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Complex):
(with eemmitmefAs) fef an effiee/fetail development. The site is leeated a4 the seu�ffi east eafner- e
1 6 Gray R ri by Ke l c� li L awfenee o H ezafdw i ew6s id ent ial, LLC.
2 -3H. TABLED TO JUNE 16: Docket No. 08100015 PP: 146th Street Office Complex
The appliean4 seeks pr-imafy pla4 appr-eval for- 10 lots an 11.6 aer-es. One subdivision wai
requested: Doeket No. 081 0001 6 6 SW SCO 6.05.01 al lots shall Street
Th site is lee a4 th u 4h e s t O f 1 4 A- h �St and GFayz .and is zoned S-4/]R
4 -5H. TABLED TO JUNE 16. Docket No. 09040007 PP Amend: D Wilkinson's Addition, Lots 13-
15 (Rangeline Commercial)
The applicant seeks primary plat amendment approval to create 5 lots from 3 and also seeks the
following waiver: Docket No. 09040008 SW SCO 6.05.01 lot with 50 -ft
The site is located at 411,421,431 N Rangeline Rd. It is zoned B-5/Business within the Historic
Rangeline Subarea of the Old Town Overlay. Filed by Steve Schutz of I.E. Investments, LLC.
Note: Brian Borlin, Old Town Neighborhood Group, was present to speak to Docket No.
9040007 PP Amend, D Wilkinson's Addition, Lots 13 -15 (Rangeline Commercial) on behalf of
Friends of Old Town and asked that he be notified if this item is tabled prior to the June 16
meeting.
6H. Docket No. 09050003 OA: Ch 30 BZA Time Limit
Amend Zoning Ordinance Chapter 30: Board of Zoning Appeals, in order to increase the time limit
of variances, so that the Ordinance will comply with Indiana Code. Filed by the Department of
Community Services on behalf of the Carmel Plan Commission.
Present for Petitioner: Alexia Donahue -Wold, Department of Community Services.
Overview:
Chapter 30 BZA Time Limit intended to be included with the original Patch Ordinance
BZA Time Limit was not noticed with the other chapters of the Patch Ordinance VII
Request that the BZA Time Limit go forward with balance of the Patch Ordinance
Current Time Limit states that after a variance is obtained, one year is permitted before project
construction must commence
Time Limit will be changed to "three years" before project construction must commence and will comply
with State Code
Public Remonstrance: None
Public Hearing Closed
Motion: Kevin Rider "to suspend the Rules of Procedure," seconded by Carol Schleif, Approved 8 -0, Motion
Carried.
Motion: Kevin Rider "to approve Docket No. 09050003 OA, Ch 30 BZA Time Limit," seconded by Carol
Schleif, Approved 8 -0, Motion Carried.
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I. Old Business
1I. Docket No. 09030015 OA: Patch Ordinance VII
The applicant seeks to amend Chapter S: Procedure for Subdivisions; Chapter 6: Standards of
Design of the Subdivision Control Ordinance and Chapter 2: Compliance with the Regulations;
Chapter 3: Definitions; Chapter 10: R -4 1Residence District; Chapter 20D: M -3 1Manufacturing
Park District; Chapter 20F: C -2 101d Town District; Chapter 23B: US Highway 31 Corridor
Overlay Zone; Chapter 24: Development Plan and Architectural Design, Exterior Lighting,
Landscaping Signage; Chapter 25: Additional Use Regulations; Chapter 25.07: Sign
Ordinance; Chapter 26: Additional Height, Yard, Lot Area and Buffering Regulations; Chapter
27: Additional Parking Loading Regulations; Chapter 28: Nonconforming Uses and
Exemptions of the Zoning Ordinance in order to modify the subdivision and development
standards. Filed by the Carmel Department of Community Services on behalf of the Carmel Plan
Commission.
Present for Petitioner: Alexia Donahue -Wold, Dept of Community Services.
Overview of Proposed Changes:
Definition for Continuing Care Retirement Community clarified to cover 3 levels of care
Commercial Vehicle Definition—limousines were added
Minimum Front Yard recommended to be 30 feet rather than 15 feet
Minimum lot width was changed to 60 feet from 50 feet
Stucco vs EIFS —EIFS will be allowed up to 10% of the building site
One, Single extension of a time period will be granted
Minimum Side and Rear Yards—no fill for any excavation within an easement or adjacent to an
easement would be allowed language changed to strike "adjacent to"
Accessory Uses for Business, Industrial Manufacturing Districts Requirements for Recycling
Containers has been added as well as Grease Trap Containers —all should be enclosed
Recreational Vehicles -Fully Enclosed has been clarified
Parking Regulations for CCRC initial recommendation was .8 spaces for long term care staff support
unit would be required. After discussion it was determined that .3 spaces would be needed for long term
care memory unit, since the residents would probably not be driving
Non conforming Uses and Exemptions is being amended to allow a waiver for industrial zone parcels to
request a waiver from perimeter buffer requirements —not a complete waiver, but up to 90%
Chapter 30 of BZA Time Limit requirements
Clarification of references to the City of Carmel Development Plan and recommended geometric design
standards as those references apply to the Thoroughfare Plan
Committee Report, Carol Schleif:
Additionally, drawings submitted are to be legible for Committee /Commission
Stucco reference "with smooth finish" is irrelevant
Committee voted to recommend approval
Department Report, Angie Conn:
Department recommends that upon approval, this Patch Ordinance VII be certified together with previous
Docket so that they will appear at City Council as one, consolidated docket.
Motion: Carol Schleif "to approve Docket No. 09030015 OA: Patch Ordinance VII, together with Docket No.
09050003 OA: Ch 30 BZA Time Limit, including mention of the Thoroughfare Plan and compliance as well as the
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addition of Plan Development on page 3—specific plan for the development of real property drawn to scale,
"adding text as legible for Plan Commission information" and to delete on page 6 under Section 2313, 0913,
Materials, item B to read "delete smooth finish after word stucco" in second -to- the -last sentence." Motion
seconded by Rick Ripma, voted 8 -0, Motion Carried.
2 -4I. 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 Lowes Way. The site is zoned R -4 /Residence, pending a PUD /Planned
Unit Development rezone. Filed by Kite Greyhound III, LLC.
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 Lowes 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.
Present for Petitioner: Paul Reis, Krieg DeVault, 12800 N. Meridian Street, Suite 300, Carmel; Eric Strickland,
Kite Development. Information booklets incorporate the changes made as a result of the Committee meeting.
Overview:
As a result of Committee review, landscape plan revised
Additional plantings added to landscape plan for buffering and change of species
Development Plan and Site Plan eliminates access point onto 146"' Street due to lack of approval from
Hamilton County Commissioners
PUD Ordinance Amendment for Phase III was discussed (Phase I, Lowe's store, Phase II, restaurants to
the south)
Specific language included in PUD regarding the height of trash enclosures--enclosures must be higher
than dumpsters
Parking lot landscaping language added
Wall signage eliminated on south and east facades of building visible to the neighborhood
Monument sign reduced to six feet
Language incorporated into the PUD regarding prohibition of any access into the adjacent neighborhood
from this site
Stub streets in adjacent neighborhood will NOT connect to this project
Committee Report, Rick Ripma:
Site for placement of building is logical
Landscaping is well -done
Right in/Right Out design makes sense
No remonstrance at Committee level from adjacent neighborhood
Committee was comfortable with project
Committee voted 3 -1 positive recommendation
Department Report, Angie Conn:
Dept. received email from Danbury Estates HOA in favor of this project with elimination of the curb cut
Outstanding issue that will probably be addressed at construction document phase is the County Highway's
concern with entrance off of Lowe's Way that crosses a mitigated wetland
Dept. recommends the Commission vote on the DP /ADLS and vote to forward the Rezone to the City
Council with a positive recommendation.
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Woody Rider asked about an agreement with the neighborhood in regard to retaining the pond area and whether or
not the agreement would be recorded as a commitment on this property.
Paul Reis, Attorney: Eric Strickland and Kite Realty have proposed an agreement, approved by the Danbury
HOA, that will address the need for maintenance of the retention pond (dependant upon this project going forward)
John Molitor, Attorney. The agreement will be in the form of a recorded commitment.
Commissioner Rick Ripma:
The wall currently in place that will be moved is weathered and "looks awful."
Commission was not furnished with a drawing of the proposed wall.
What will the wall look like— materials, color, etc.?
Will not vote for this unless it is a brick wall.
Painted, exposed surfaces do not last in our weather
Eric Strickland, Kite Realty:
Wall will be painted on both sides, same color —currently only the west side has color
Wall will be similar stamped brick
Petitioner can provide assurance as to painting of the wall every 2 -3 years to ensure aesthetics
Concrete has some graffiti and can be washed/cleaned —brick would be a problem
Tiered landscape will provide less visual for the wall
Department Additional Comments, Angie Conn:
A commitment can be recorded with the property regarding the painting /maintenance of the wall
Paul Reis, Attorney:
Petitioner will make commitment, reduced to writing, that petitioner will enter into a commitment for the
on -going maintenance of the wall and will submit to the Department
Commissioner Woody Rider:
Perhaps paint the wall every 2 to 4 years, depending on recommendation of Staff
Final determination rests with Director of Dept to resolve any dispute regarding wall maintenance
Motion: Jay Dorman "to approve Docket No. 08110006 DP /ADLS, Greyhound Commons, Phase II, Key
Bank (Kite PUD) and to forward Docket No. 08110007 OA 08110008 Z, Kite PUD Rezone, Expansion
(Key Bank) to the City Council with a positive recommendation, including additional commitments;"
seconded by Rick Ripma, approved 8 -0. Motion Carried.
New Business
1J. Docket No. 08070020 CP: Carmel Clay Comprehensive Plan 2009 (C3 Plan 2009) (As
amended and approved by City Council; Council Resolution CC- 05- 04- 09 -02)
The applicant seeks to adopt the Carmel Clay Comprehensive Plan, in order to update and reformat
the Carmel/Clay Comprehensive Plan (as previously amended). Filed by the Carmel Department
of Community Services.
Present for Petitioner: Adrienne Keeling, Dept of Community Services
Overview /Options of Comprehensive Plan:
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Accept as returned by Council
Propose further changes and return to Council
Do Nothing
Motion: Jay Dorman "to approve Docket No. 08070020 CP, Carmel Clay Comprehensive Plan 2009 (C3 Plan
2009) Version A," seconded by Woody Rider, approved 7 -1 (Schleif) Motion Carried.
Jay Dorman— Congratulations to the Dept and Staff for many hours dedicated to the C3Plan 2009.
Meeting adjourned at 6:55 PM.
Leo Dierckman, President
Ramona Hancock, Secretary
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