HomeMy WebLinkAboutMinutes PC 07-21-09T OF N C A
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/NDION
CARMEL PLAN COMMISSION
TUESDAY, JULY 21, 2009
City Hall Council Chambers
One Civic Square
Carmel IN 46032
6:00 PM
Members Present: Leo Dierckman, Jay Dorman, Brad Grabow, Kevin Rider,
Rick Ripma, Steve Stromquist, Madeleine Torres, Susan Westermeier
Members Absent: Dan Dutcher, Carol Schleif, Wayne Haney
DOCS Staff Present: Michael Hollibaugh, Director; Angie Conn; Adrienne
Keeling; Christine B- Holmes
Also present: Ramona Hancock, Secretary, Carmel Plan Commission
The minutes of the June 16, 2009 meeting were approved as submitted.
Legal Counsel Report, John Molitor: Holiday Inn Litigation —the Judge has requested a
transcript of the final hearing of April 15, 2008. The oral arguments have been scheduled.
Department Report, Angie Conn: Item 611, Zoning Waiver for Meridian and Main Office
Building, Parcel 4, was one day late on their public notice. As a result, the Rules of Procedure
would have to be suspended in order to hear this item this evening.
Item 511, Rezone for the southwest corner of Old Meridian and Main Streets has been tabled.
H. Public Hearings:
111. Docket No. 09050010 OA: Carmel SmartCode
Adopt Article 3: CARMEL SMARTCODE as part of Carmel City Code, Chapter 10:
Zoning Subdivisions. The SmartCode contains new development regulations that will
be in effect for the area of Carmel north of 116 Street and bounded by US 31 and
Keystone Ave. Filed by the Department of Community Services, on behalf of the Carmel
Plan Commission.
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Present for Petitioner: Adrienne Keeling, Department of Community Services; Bill Wright and Brian
Wright, Town Planning and Urban Design Collaborative
Most Frequently Asked Questions /Comments:
What is Smart Code?
Why is Smart Code better than existing?
Request for Cross Section
Request for Mock project comparison
Request for Map —how code will exist on ground
Map in process of being finalized
Property Owners in the proposed Smart Code area will be receiving notice of the up- coming
public hearing— specifically regarding the maps
Public Hearing on Smart Code scheduled for August 18 Plan Commission meeting
Web Site: www.carmelsmartcode.com
Hard Copies of Smart Code available at Dept of Community Services, City Hall, Monday thru
Friday
Specific changes will not need to be made to properties within the Smart Code area
Smart Code would apply to new development or re- development
No changes would be required to existing homes or businesses with the adoption of the Smart
Code
Smart Code will address residential preservation— protection of neighborhoods
Smart Code will replace existing zoning only in the area specified
Anything existing or legally established under existing zoning will be allowed to remain as part of
the Smart Code (unless the use is abandoned or someone chooses to substantially modify or
redevelop the property
If a development already has approval or has been filed under existing zoning, they will NOT be
required to re -apply under the Smart Code; however, a petitioner can re -apply under the Smart
Code if he so chooses
Public hearing has been held on the Smart Code
Public hearing coming up on August 18 will be on the actual Map that will act as a Rezone
portion of the proposal
Smart Code is a type of form -based code and includes zoning„ subdivision, thoroughfare standards,
urban design, and basic architectural guidelines into one, fairly brief document. The Smart Code will
simplify the way things are done in the central Carmel area. The document is also graphically illustrated.
The Smart Code, like many Overlay Districts, addresses physical form of buildings. Most City Zoning
Ordinances rely heavily upon use and density. The Smart Code has those aspects and focuses on them as
another layer of discussion which is the form of building and the form of sites —how sites are designed
and where buildings and parking lots are oriented in certain zones.
Carmel has been able to achieve a lot of mixed use and walkable development, but has had to adopt many
Overlay Zones and Special Districts to do that and it has become very confusing for petitioners as well as
the public to understand how to navigate our Zoning Ordinance. Carmel has 20+ zoning districts, the
Smart Code compacts all of that into 8 or 9 different zones.
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Smart Code is being proposed in the area north of 116 Street between US 31 and Keystone and includes
the areas of Old Town, Arts Design District, Old Meridian, City Center, Science Technology Park,
and many residential neighborhoods. Land Uses are still regulated in the Code; there are Districts within
the Code where mixed uses are not allowed.
General Public Comments, Favorable:
None
Organized Remonstrance, Unfavorable:
None
General Public Comments, Unfavorable:
Karen Carter, 918 East Auman Drive, thought City Council recently had rezoned her area to 4.9 units
per acre—is this included in the project —the T -3 Zone? What effect does this have on the
Comprehensive Plan? Is this contradictory?
Response, Adrienne Keeling: The C -3 Plan/Comprehensive Plan is not a rezoning but rather a range of
densities based on the character of the classification —not a rezoning just a guideline. The
Comprehensive Plan is not the legislative ordinance that sets the density —only a guideline. The area
bounded by 116 StreetUS 31 and Keystone —was designated on the map as an area for special study;
that will be amended based upon the Smart Code. The Smart Code would take precedence; the
Comprehensive Plan would only come into play if someone were to contemplate a rezone on the
property.
Note: The Comprehensive Plan is more /less a future land use document that continues to guide zoning
decisions—it is not the zoning precedent. R -1 would be zoned T -3 under the Smart Code in the central
area. The Smart Code would only be used in the event someone wanted to rezone. The Comprehensive
Plan is more a planning tool than a legal, binding document. The T -3 Zone does not permit multi family.
Becky Feigh, 18 Thornhurst Drive; states that there a lot of questions and has yet to see the map.
Requests more than one Public Hearing to be held on the Smart Code and that the hearings not be held
until the Committee reviews the Smart Code and the map can be researched.
Leo Dierckman noted that Smart Code has already been moved to Committee for review; notices will be
sent and another public hearing held. The Smart Code is actually more protective of the existing
neighborhoods.
The Smart Code remains at Subdivision Committee for review and will return for public hearing on
August 18, 2009 at 6:00 PM.
2H. Docket No. 09070002 OA: Exterior Lighting
The applicant seeks to Amend Chapter 8: Standards of Required Improvements of the
Subdivision Control Ordinance, Chapter 19: B -8 Business District, Chapter 20G: Old
Meridian District, Chapter 23B: U.S. Highway 31 Corridor Overlay Zone; Chapter 23C:
U.S. Highway 421 Michigan Road Corridor Overlay Zone, Chapter 231): Old Town
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District Overlay Zone, Chapter 23E: Home Place District Overlay Zone, Chapter 23F:
Carmel Drive Range Line Road Overlay Zone, Chapter 23H: Monon Greenway Overlay
Zone, and Chapter 25: Additional Use Regulations of the Zoning Ordinance in order to
consolidate and modify exterior lighting
regulations /requirements. Filed by the Department of Community Services, on behalf of
the Carmel Plan Commission.
Present for Petitioner: Christine Barton- Holmes, Dept of Community Services.
Overview:
Most all Chapters in the Zoning Ordinance are being amended
Chapter 3. is not being amended because existing definitions are being used
All lighting ordinances are being tied together and consolidated
Proposed Amendment will be as restrictive if not stricter than existing
LED or similar lights will be required in all public lighting parking lots, stores, etc.
The City will be getting LED Streetlights— efficient and low maintenance
Sports field lighting will be exempt
Amortization provision will be included— 10 years
Alterations and additions provision included to allow change within one year of commencement of
a change or new addition to a building, compliance mandatory
Provision is also added for a zoning waiver
No Public Remonstrance
Department Report, Angie Conn: Dept recommends this item be forwarded to the August 4 th meeting of
the Special Studies Committee.
Commission Comments /Questions:
Specification included as to the "Kelvin" rating so there is consistency warm light in some
applications, bluer in other? (Provision not included)
Docket No. 09070002 OA, Exterior Lighting was referred to Subdivision Committee for further review
on August 4, 2009.
34H. 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.
Present for Petitioner: David Barker, Baker Law Offices, 650 Range Line Road, also Carmel resident
at 12588 Sandstone Run; Mark Thorpe, Schneider Engineering; and Steve Schutz, I E Investments.
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Property Owner: Range Line District LLC
Petitioner seeking primary plat amendment to 5 lots from 3 lots, plus subdivision control
ordinance waiver for reduction of lot width.
Petitioner also to appear before BZA to request two variances regarding lot coverage and lot
width reduction
Petitioner has met with DOCS, Historical Society, and Arts District
Pursuant to commitment to Historical Society, have re- located the Elizabeth Peale home
Peale home now located on the back half of 411 Range Line per plat
Petitioner requests move forward with Plat Amendment to increase number of lots
General Public Comments, Favorable:
None
Organized Remonstrance, Unfavorable:
Brian Borlik, 145 Audubon Drive —feels that Old Town is "under attack" by Carmel Redevelopment
Commission, the Mayor, developers who are attempting to change the look and feel of Old Town by
reducing lot widths and putting in bigger homes on smaller lots. Does not want to see Old Town
bulldozed and built over into a Georgetown or some other suburb of Washington DC look. This type of
high density is unacceptable to the neighborhood. The developer has torn down two homes of historic
character that were structurally unsound or not worth saving— without permits from the City —that is the
understanding. It all boils down to putting more homes in an area to make more profit. Glad the Peale
house could be saved, but sad that it is being dumped into the back yard of another house—contrary to
promise made, the lot is smaller than the original —with it could have been a nicer spot for the house.
Putting three homes where two were will completely change the look and feel of Range Line Road. Mr.
Borlik also opposed the alleys —said they do not work.
Hilda Hadley, 140 First Avenue SW, Old Town. Family has been residents of Carmel since 1945, Old
Town since 1971. Carmel has changed, but still has character in Old Town Carmel— bigger is not always
better —would like to see Old Town preserved. If the Peale house were to front on Range Line Road,
maybe it could make amends for tearing down the other properties on Range Line Road. Ms Hadley is
"passionate" about preserving Old Town and asked the Commission not to approve this request.
Richard Harper, 245 Range Line Road. Lots are so narrow, cannot imagine putting larger houses on
the lots and would urge Commission not to approve this proposal.
Judith Bowman, 134 Old Grace Lane, off First Avenue NW. Old Town Carmel is a joy to drive
through flowers on the posts and all the work done on the homes. Old Town historic character has been
protected with the Overlay. The proposed yard for these homes is one -half the size the Ordinance
promised and the homes will not be in character, size, structure, and appearance with existing..
Public hearing closed.
Rebuttal, Mr. Barker:
The character will not change; Mr. Barker has put $300,000 in his office on Range Line Road, it is an
800 foot structure—Mr. Barker is committed to Range Line. The proposed development is not a piece-
meal. The Peale home is on the hack of 411 Range Line; the two lots are 165 feet wide; there was
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originally a 15 foot easement, a pull -in, shared drive. The 165 feet will be divided among three lots,
making it 45 feet rather than 50 feet and the easement and drive will still be in existence. We are not
cutting up these lots into very small lotsit will fit. We are planning to save historic homes and re -do
them. Mr. Schutz has a history on Range Line of restoring homes. The goal is to relocate historic homes
and remodel.
Mark Thorpe, Schneider Corporation:
The north lot was 66 feet and is now 57 feet.
Dept Report, Angie Conn:
Project will have variance request at BZA
Recommend Docket be sent to August 4, 2009 Subdivision Committee for further review and
discussion
Commission Comments /Questions
Buildings torn down without permission?
Was permission needed?
Two lots or three?
Would like layout of area as it is currently
Parking lot at the rear—commercial aspect?
Request larger /detailed map of area showing landscaping around parking lot
Michael Hollibaugh, Director, DOCS
Initially approved for demolition permits
Stop Work Order placed due to provisions of Overlay Zone that protect the structures
Dept asked for Engineering Study to provide needed info regarding sound structures
Demolition did occur after reports were submitted
Historical Society was included in talks and updated
Letter was issued by Dept spelling out how demolition was to occur
Demolition was allowed to occur incrementally
Wanted BZA and Plan Commission approvals in place before final demolition
Initial misunderstanding regarding content of letter and violations incurred when 421 Range Line
was demolished
David Barker:
Restoration would be similar to what is happening in Old Town
Goal would be first floor commercial/retail with potential residence above
Work/Live Unit would best describe
Note: Materials requested for distribution to full Plan Commission prior to Committee meeting.
Docket No. 09040007 PP Amend: D Wilkinson's Addition, Lots 13 -15 (Rangeline Commercial) was
referred to the Subdivision Committee for further review on August 4, 2009.
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5H. Docket No. 09050023 Z: Rezone, Old Meridian Main
The applicant seeks approval to rezone the southwest corner of Old Meridian St. Main
St. from OM /SU -Old Meridian District Special Use to OM/MU -Old Meridian District
Mixed Use. The site is located at 12960 Old Meridian St. Filed by Matt Worthley for the
Carmel Redevelopment Commission.
TABLED
6H. Docket No. 09060008 ZW: Meridian Main Medical Office Building (parcel 4)
The applicant seeks zoning waiver approval from ZO Section 23B.08.05B for
maximum first floor gross floor area (gfa.) The site is located northeast of 131 St.
US 31 and is zoned B -6 /Business within the US 31 Overlay. Filed by James
Browning of Browning Investments, Inc.
Motion: Kevin "Woody" Rider "to suspend the Rules in order to hear item 6H. this evening." Motion
seconded by Brad Grabow, voted 8 -0 in favor. Motion Carried.
Note: Item 6H and 1J under New Business were heard together.
Present for Petitioner: Fred Simmons, Simmons Architect, LLC, 205 East New York Street,
Indianapolis.
Overview:
First Floor contains surgery suite and exceeds 40% gross floor area
ZW would increase gfa by 45 square feet
Increase in gfa would provide for future plans
Tenant: Indiana Spine Group
Materials: Architectural pre -cast, tinted blue windows metal panels
Parking to the rear
Remonstrance:
None
DOSC, Angie Conn:
Outstanding issues, Forestry Dept DOCS
Outstanding issues can be addressed at Committee level
Recommend forwarding to August 4, 2009 Special Studies Committee
No discussion/comments from Commission
Docket 09060008 ZW, Meridian Main Medical Office Building (parcel 4) and Docket
No. 09050022 ADLS, Meridian Main Medical Office Building (parcel 4) were sent to
the Special Studies Committee on August 4, 2009 at 6:00 PM for further review.
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I. Old Business:
1I. Docket No. 09020016 DP Amend /ADLS: Primrose School (Carmel Science Tech
Park, Blk 7, lot 3)
The applicant seeks site plan and design approval for a child care facility. The site is
located at the southeast corner of Carmel Dr. Adams St. It is zoned M-
3/Manufacturing. Filed by Mark Thorpe of The Schneider Corp. for Primrose School
Franchising Co.
Present for Petitioner: Steve Hardin, attorney, Baker Daniels, 600 East 96 Street; Mark Thorpe,
Schneider Corporation; Jennifer Darlington, Design Group; and Jeff Carroll, owner.
Overview:
Petitioner appeared at Committee July 7th
All issues addressed
Petitioner asks for a favorable vote at this time
Petitioner requests approval at this time
Committee Report, Susan Westermeier:
Committee in favor
Concern expressed was traffic pattern
Concerns set aside after explanation of traffic flow
Dept Report, Angie Conn:
Dept recommends Commission consider a favorable vote
Motion: Kevin "Woody" Rider "to approve Docket NO. 09020016 DP Amend /ADLS, Primrose
School (Carmel Science Tech Park, Blk 7, lot 3)" seconded by Rick Ripma, voted 8 -0 Motion
Approved
J. New Business:
1J. Docket No. 09050022 ADLS: Meridian Main Medical Office Building (Parcel 4)
The applicant seeks design approval for a medical office building and surgery center.
The site is located northeast of 131 St. US 31 and is zoned B -6 /Business within the US
31 Overlay. Filed by James Browning of Browning Investments, Inc.
Note: Heard with Item 6H, Public Hearings and Forwarded to Special Studies Committee for
further review on August 4, 2009
K. Meeting Adjourned at 7:35 PM.
Leo Dierckman, President
Ramona Hancock, Secretary
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