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HomeMy WebLinkAboutMinutes PC 08-18-09of C V` A4 A THE� M0 w /NDIANp City of Carmel CARMEL PLAN COMMISSION TUESDAY, AUGUST 18, 2009 6:00 PM Council Chambers, City Hall One Civic Square Carmel IN 46032 Members present: Leo Dierckman, Jay Dorman, Dan Dutcher, Brad Grabow, Kevin "Woody" Rider, Rick Ripma, Carol Schleif, Susan Westermeier Members absent: Madeleine Torres; Steve Stromquist DOCS Staff Present: Director Michael Hollibaugh, Angie Conn, Adrienne Keeling; John Molitor, Legal Counsel Also Present: Ramona Hancock, Plan Commission Secretary The Minutes of the July 21, 2009 meeting were approved as submitted. Legal Counsel Report, John Molitor: Reminder of Executive Session immediately following conclusion of Plan Commission meeting to discuss pending litigation. Dept Announcements, Angie Conn: Item 71-1, Carmel SmartCode Rezone, requires suspension of the Rules of Procedure due to type of mailing of Public Notice —first class rather than certified —and signs and banners placed at key locations and public facilities instead of being placed on each affected parcel. G. Public Hearings 111. 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. Present for Petitioner: Matt Worthley, Carmel Redevelopment Commission Overview: "CRC" is requesting a rezone of Old Meridian Main Rezone to OM/MU, Old Meridian, Mixed Use would provide maximum use for property Rezone makes sense for this site when taking surrounding uses into consideration ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Dept Report, Angie Conn: Petitioner would like to stay within the Old Meridian District zoning Sub category would change from Special Use to Mixed Use but change sub -zone Recommend suspension of Rules of Procedure and forward to City Council Recommend positive consideration Public Remonstrance: None Public Hearing Closed Commission Members Discussion: One -half Church property included in Lot 21? Uses—Exclude Party Hall and Night Clubs? Response, Matt Worthley: Thought that Church property was included CRC would like retail on the first floor /mixed use Cannot commit to exclude certain uses Docket No. 09050023 Z, Rezone, Old Meridian Main was referred to the Special Studies Committee for further review on Tuesday, September 1, 2009 in the Caucus Rooms of City Hall. MOTION: Carol Schleif "to re -Order the Agenda and hear item 7H at this time, out of sequence." The motion was seconded by Sue Westermeier, voted 8 -0. Motion Approved 24H. Docket No. 09060012 PP Amend: CW Wiedler's Sub Division, lots 69 -71 (Blackwell Park) The applicant seeks primary plat amendment approval to create 8 lots and 1 Common Area from 3 lots on 2.2 acres. The applicant also seeks these subdivision waiver requests: Docket No. 09060013 SW SCO Ch. 6.03.04 -05 extension of stub street WITHDRAWN. Does t No. 0906001 4 SW SCO Ch 6.03.06 road w w idth .e. section The site is located at 3rd Avenue NE 3rd Street NE. The site is zoned R -2 /Residence. Filed by Gregory Ilko of Crossroad Engineers, PC for Justin Moffett Jeff Langston. Present for Petitioner: Justin Moffitt and Jeff Langston, developers; Greg Ilko, Crossroads Engineering Overview: Subdivision to be called Blackwell Park Request approval to create 8 lots and 1 Common Area Property consists of 2.2 acres, adjacent to the Old Town Overlay Petitioner will abide by Old Town Overlay Guidelines, Chapter 23 of Zoning Ordinance Each individual lot will have site design review process with the Planning Staff prior to issuance of Building Permit Waiver requested for extension of stub street due to taking of right -of -way that is not a part of the plat Neighbors do not want Sylvan Lane to be extended because of proximity to the High School and drop -off traffic Dry Detention Basin is consistent with Carmel Stormwater Ordinance ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 2 Details of Plat, Greg Ilko, Crossroads Engineers: Replat of lots 69, 70, and 71 of CW Wiedler's Subdivision Common area suitable for dry detention basin in southeast corner of property Propose to extend the cul -de -sacan extension of Third Ave NE into the development and maintain the name of the street as well Petitioner will continue to work with Engineering and Urban Forester for acceptable site plan Public Remonstrance, Favorable: David Leazenby, 664 Second Avenue NE, Carmel. In process of building house to the north of this site and expressed support to Plan Commission for investment and redevelopment in the neighborhood —not just to improve residential areas of Old Town but projects like this. Residential investment in Old Town ultimately helps the commercial investment on Main Street. The more people investing, the more people living and residing within walking distance of Main Street that ultimately helps the viability of restaurants and other shops. Detention Basin—depth, etc. safety should be considered —City Engineer's decision Jeff Watkins, 131 Third Street NW, near Monon Trail, hopes this will pass —likes the type of product planned for this area. The more people that live there, the most will invest in the neighborhood and the more businesses will reap the benefits. General Public Comments /Unfavorable: Tammy Myko on behalf of her mother who resides at 310 Second Avenue NE. Concern is with the type of home to be built and the common area on such a small lot. Also a concern with impact on property value and protecting the neighborhood. Public Hearing Closed Rebuttal, Justin Moffett: Plat complies with the Subdivision Control Ordinance Petitioner has committed to build using Old Town Overlay Guidelines Anticipated price point of homes $350,000. Development will consist of custom homes Detention basin will be DRY Dept Report, Angie Conn: Outstanding issues —Dept of Engineering Tree Preservation Cul -de -sac vs hammerhead Intent is to develop the street and extend to the north if north parcels are developed in the future Recommend forwarding to September first Subdivision Committee for further review Petitioner has committed to comply with Old Town guidelines ADLS approved administratively inside the Overlay Commission Comments: Re Tree Preservation —would like to see inventory, lot -by -lot basis Request value of properties in surrounding area Provide detail on wooded area and detention area Proposed product to be built will increase home values and quality of neighborhood Current proposal is for fewer lots than initial proposal Maximum height —one and one -half stories Preservation Objectives —Best Management Practices—recommend inserting language re putting fence at drip -line of the trees ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 3 Request review of covenants, mix of plans, and how form, style, and variety of homes will fit in with neighborhood Homeowners Association? (Yes—required due to common area —will simply maintain the pond in accordance with Carmel's Stormwater Ordinance) Petitioner will not have separate entry monument and will flow easily with Old Town Request more detail as to how detention pond will be utilized —more than just a visual amenity Note: Surrounding area property values to be researched and submitted by Dept at Committee level Docket No. 09060012 PP Amend, CW Wiedler's Sub Division, lots 69 -71 (Blackwell Park was referred to the Subdivision Committee for review on September first, 2009 in the Caucus Rooms of City Hall. John Molitor noted that the Committee does not have authority to approve a Subdivision Waiver for Subdivision Control Ordinance Chapter 6.03.04 -05 (Docket No. 09060013 SW) although it does have authority to approve the Plat Amendment. Motion: Brad Grabow, to forward Docket No. 09060013 SW, SCO Ch. 6.03.04 -05 Extension of Stub Street, CW Wiedler's Sub Division, Lots 69 -71 (Blackwell Park) to the Subdivision Committee with delegated authority." Motion seconded by Woody Rider, Voted 8 -0 Motion Carried 5H. Docket No. 09060011 DP /ADLS: Roberts Camera. The applicant seeks site plan and design approval for a multi- tenant retail/office building. The site is located at 12773 Old Meridian St. just north of Grand Blvd. The site is zoned OM/MU Old Meridian District Mixed Use Zone. Filed by Matt Griffin of Providence Commercial Partners, LLC (Buckingham Companies). Present for Petitioner: Jim Shinaver, attorney, Nelson Frankenberger; Matt Griffin, Buckingham Companies; Bruce Pohlman, owner of Roberts Camera; Rich Kelly, Engineer, EMH &T. Overview: Request Development Plan and ADLS approval Building to be built by Buckingham Companies Building to be owned operated by Roberts Camera Proposed facility will provide needed increase in space Proposed building will be consistent and compatible with existing buildings Building materials —stone and brick Windows will have canvass awnings Brick color selection for proposed building will match one of six already utilized/existing No outstanding landscape items approved by Scott Brewer Building design incorporates many green, sustainable design elements Petitioner seeking a Sign Variance for a Blade Sign Matt Griffin, Buckingham Companies: Proposed building adds another piece to the Providence development Request consideration for waiving Rules and voting this evening Bruce Pohlman, Roberts Camera: Owner, Roberts Camera Carmel Resident for 30 years Current Store in Carmel for approximately 10 years Current Lease coming to an end ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 4 Need is for more space Public Remonstrance: None /Public Hearing Closed Department Report, Angie Conn: Last Minute comment from Engineering regarding Road Discrepancy —can work out administratively Outstanding comments regarding north and south building elevations—hoping for brick patterning or faux windows to break up blank walls Recommend forwarding to Special Studies Committee for further review on September first OR affirming this evening Commission Comments: Given Track Record of Buckingham, no problem supporting a vote this evening Confirm with Scott Brewer that trees at front of building will not grow to block sign —otherwise, choose another species signage extremely important Design of building seems somewhat blank— request more detail Roberts Camera needs a bigger space —great store —needs to stay in Carmel Mullions and window treatment, especially above and maybe horizontally below--could be more interest in that area Building looks "monolithic" Suggest vary parapet/roof line Suggest incorporate shrubs around trash enclosure Building location at round -about is an awkward site —may be an opportunity to break up west fagade and fit the building to the curve of the round -about Important to maintain the continuity of Providence Note: Revised Renderings to be submitted to entire Commission prior to Committee meeting on September first. Motion: Brad Grabow "to forward Docket No. 09060011 DP /ADLS, Roberts Camera to the Special Studies Committee on September first with full authority for final approval." Motion seconded by Woody Rider, voted 8 -0. Motion Carried 6H. (TABLED to SEPT. 15) Docket No. 09060007 Z: Rezone, 146th Cherry Tree Th pi;, an t seeks a pprov al •1„ r ezon e the s u -th st e amer- of i n 6 th 94 k C__h ff fy Tree Rd rr S l/Residenee to B !/Business (with limited !and uses, and for- aveter-inai=y effiee). The si leeated a4 14590 Cheffy Tree Rd. Filed by Juer-gen Sommer- of Cellier-s Tufley Maftin Ttteker-. 7H. Docket No. 09070013 Z: Carmel SmartCode Rezone. The applicant seeks to amend the Official Zoning map of Carmel and Clay Township to include the proposed SmartCode. The area included in the rezone is north of 116"', east of US 31, and west of Keystone Avenue. The zones to be added to the zoning map include T1/Natural Zone, T2 /Rural Zone, T3 -E /Sub -Urban Estate Zone, T3 -L /Sub -Urban Large Lot Zone, T3 /Sub -Urban Zone, T4 /General Urban Zone, T5/Urban Center Zone, T6/Urban Core Zone, and SD /Special District. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Note: The Agenda was re- Ordered to hear Item 7H out of sequence, immediately following item 1 H. Motion: Kevin "Woody" Rider "to suspend the Rules of Procedure regarding public notice accomplished by regular mail rather than certified mail —and Signs and banners being placed at key ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 5 intersections and public facilities instead of being placed on each of the affected parcels." The motion was seconded by Jay Dorman, voted 8 -0. Motion Approved Present for Petitioner: Adrienne Keeling, Department of Community Services. Also present: Bill and Brian Wright, Town Planning Urban Design Collaborative. Overview: SmartCode was talked about in June and July —text has been available on line SmartCode continues at Subdivision Committee level Current hearing is for the zoning map that is companion piece with text of the Ordinance Petitioner does not anticipate any decision or vote this evening regarding map Petitioner proposes map be sent to Committee so that Map and Ordinance may move through the process simultaneously— Committee, full Commission, City Council Still a work in progress with additional meetings to be held Request Commission send Map to Subdivision Committee SmartCode is still in the Public Hearing Process Existing properties will remain as is unless there is a substantial change Existing properties would be rezoned in the event of substantial change /modification to the property or a redevelopment SmartCode available on the web at www.carmelsmartcode.com Public Remonstrance, Favorable —None Public Organized Remonstrance, Unfavorable —None Public Remonstrance, General Unfavorable: Kathryn Kunz, appearing for her Mother, Patsy M. Kunz, owner of the property at 613 E Carmel Drive, present site of Burger King. Concern: New zoning will limit uses in the event Burger King either decides not to continue its operations at this site or to make "substantially changes" to the restaurant building. Also concerned that development standards proposed under new zoning proposal would require special use approval for a drive -thru and signage. The overall concern is the impact of proposed rezone and ability to re- develop site. (Comments submitted in writing) John Neeley, 4076 Black Willow Ct, Zionsville. Concern regarding verbiage "substantially improving." The language is vague and there is no way to establish the "nature of the neighborhood" —does not want to demolish and start over. Without establishing the nature of the neighborhood, there is no ability to expand an existing business— sub -use is counter productive to maintain a business on site and allow for growth. William Wendling, attorney, Campbell, Kyle Proffitt, 11595 North Pennsylvania, Carmel, appeared before the Commission representing the Gradle family and their property which is an Industrial Use. The present Industrial Zone has several permitted and special uses —would like consideration for Special Uses and "other industrial applications" within that zone classification. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 6 David Leazenby 664 Second Avenue NE, spoke mostly in FAVOR. As more development occurs, the Rezone is a great way to manage and control growth. Most zones appear to be designed and crafted very well for development, density, and growth for the City. For all central areas of Carmel, the rezone provides an upgrade in the ability for builders and developers to provide new buildings and greater use of the land; however, in the T -3 Zone in Old Town, it seems to be the exact opposite. Maybe the vision has not been explained —would like this area looked at and more thoroughly explored. Joyce Pierson, 117 Lexington Boulevard— suggested that due to the importance of this matter, future letters should be sent certified mail rather than first class. Regarding the map colors cannot be readily distinguished —could be more easily seen. Requests an explanation of Home Occupation under T -3 zoning; also frontage and fence types in T -3. Will areas be changed in years to come and if so, what would be the process /criteria, and who would have the say in making the change? Jean Ridgecreek, I I I Shoshone Drive, (T -3) is unclear about the desire in maintaining the character of an area and requests clarity regarding live/work—is there any kind of live /work that is not permitted? It sounds as if there is no limitation and an entire neighborhood could go commercial. If someone has their business in the home where they live and they cease to live there, it is now a commercial structure—is that permitted? Also unclear is the Open Market Building concept—it sounds as if a neighbor could build an overhead cover and operate a flea market in their yard —and that would be permitted. What kinds of business and uses would NOT be permitted in T -3 zone? Also, what is the plan for density of the alternative uses in what has been, since the 40's, a residential use? Public Hearing Closed Rebuttal: Bill Wright, Town Planning Urban Design Collaborative. Regarding the vision for neighborhoods: One of the over riding concerns that has been expressed over and over is the protection of character of primarily single- family neighborhoods. The T -3 Zone is what most people think of as suburban, single- family neighborhoods. It has already been decided that there will be no live /works in T- 3, it will be single family structures. There will be no commercial in a T -3 Zone; there may be a corner store at the edge of T -3, but that would be the extent. The Code promotes positive form, walk- ability, and protection of the neighborhoods. An open market building would be like a Saturday Farmer's Market. Brian Wright, Town Planning Urban Design Collaborative. All conventional zoning maps use the same colors and they have become corrupted over time; there could be some obvious improvement in differentiation in each zone Substantial improvements are actually defined in the definitions section of the SmartCode. Regarding the Burger King drive -thru, there are several Overlay Zones within the City that prohibit drive -thru facilities Input from residents says that physical form of the City is important— automobile- oriented drive- thru facilities are not If existing suburban sprawl model were kept in place and Burger King was asked not to have a drive -thru, it would be a problem ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 2417 7 In creating a walk -able, mixed -use, vibrant, pedestrian friendly community, the drive -thru has an adverse effect Home occupationa residence first and foremost—requirement regarding square footage, limitation on signage and number of outside employees— definition in Chapter 3 of Existing Zoning Ordinance —also a section in Chapter 25 All of the text is On -Line Adrienne Keeling regarding I -1 Industrial Zone: Many uses are allowed in the I -1 Zone Existing Industrial Areas were designated either T -5 or T -6 depending on location Some Uses allowed by Special Use, not necessarily by right The Form of the building is as important as the Use Special consideration can be given to use Department Report, Angie Conn: Recommend referral to September first Subdivision Committee Commission Comments: Eliminating a drive -thru will kill the fast food Could be "grandfathered" to provide a drive -thru There should be certain areas that would allow drive -thru Would not vote for this because it would eliminate a drive -thru Eliminating drive -thru could be a health issue Any place to plug -in hybrid vehicles? Docket No. 09070013 Z, Carmel SmartCode Rezone was referred to the Subdivision Committee for further review on Tuesday, September 01, 2009 at 6:00 PM in the Caucus Rooms of City Hall. Note: Additional Public Comments will be heard at the Committee Level. I. Old Business 1 -2I. Docket No. 09050022 ADLS: Meridian Main Medical Office Building (Parcel 4) The applicant seeks design approval for a medical office building and surgery center and also seeks the following zoning waiver: Docket No. 09060008 ZW ZO Ch. 23B.08.05.B: maximum first floor gross floor area 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. Present for Petitioner: Fred Simmons, Simmons Architects, 305 East New York Street, Indianapolis; Jamie Browning, Browning Investments; Chris Cutriff, Indiana Spine Group (primary tenant.) Overview: Special Studies Committee concerned about appearance from US 31 of dumpster enclosure and generator enclosure (made of same, pre -cast materials) Urban Forester recommended difference species than originally shown At full maturity, shrubs will grow 12 to 14 feet— lumpster enclosure height is 15 feet Rendering submitted showing the view from US 31 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Revised landscape plan approved by Scott Brewer Site is located at northeast corner of 131S Street and US 31 Single Tenant Building Zoning Waiver for maximum first floor gross floor area (ambulatory surgery and imaging Committee Report, Rick Ripma: Favorable comments from Committee on the building Committee priority was screening mechanicals from view Petitioner complied with all requests from Committee Committee voted 4 -0 for approval Department Report, Angie Conn: No outstanding issues Recommend positive consideration Commission Comments: Favorable regarding form of building, changing cascading Going for LEED certification? (No) Motion: Rick Ripma, "to approve Docket No. 09050022 ADLS and Docket No. 09060008 ZW, Meridian and Main Medical Office Building (Parcel 4. Motion seconded by Susan Westermeier, voted 8 -0. Motion Approved. 3I. 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 2313: U.S. Highway 31 Corridor Overlay Zone; Chapter 23C: U.S. Highway 421 Michigan Road Corridor Overlay Zone, Chapter 23D: Old Town 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: Consolidation of 10 different Ordinances into one to make it more user friendly for staff as well as public Amendment will require LED's or similar lighting throughout the City of Carmel Will affect Subdivision Control Ordinance for street lighting and residential lighting —will not affect sports facilities. Amortization period of 10 years before all outdoor lighting is to comply with the Ordinance Amendment provide that any structures, major additions or alterations would have to comply within one year for a full lighting plan Providing for zoning waiver for any changes up to but not greater than 35% Lighting requirements scattered in 10 different Ordinances will be in one spot Lighting will be as strict as all existing standards Amendments takes all different elements from Old Town, Old Meridian, and US 31 and brought them into one place that will apply City -wide ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 9 Committee Report, Carol Schleif: Committee thought the proposal was a great idea Committee voted unanimously to recommend approval Commission Comments: Kelvins (warmth element) not regulated Currently there are no communities that regulate Kelvins Can be looked at on an issue -by -issue basis for color temperature of the bulbs Make Sense for all lighting in any one given project to be of same rating or color warmth? Christine Barton- Holmes: Will add language Can stipulate within any given project that lighting will be of the same rating or color warmth Motion: Brad Grabow "to forward Docket No. 0907002 OA, Exterior Lighting to the City Council with a positive recommendation, subject to inclusion of language to standardize the Kelvin rating or color warmth within any given project or petition." Motion seconded by Jay Dorman; voted 8 -0. Motion Approved. J. New Business 1J. Docket No. 09060015 ADLS: Hamilton Crossing West, Bldg 5 ITT Parking Expansion The applicant seeks site plan approval for a parking lot expansion. The site is located at 13000 N Meridian St. and is zoned B-2/Business within the US 31 Overlay. Filed by Jon Sheidler of Woolpert for ITT Educational Services, Inc. Present for Petitioner: Jon Sheidler, Woolpert Engineering. Overview: Project located at 13000 North Meridian Street, within US 31 Overlay Project is an expansion of the existing parking lot of Building 5 —ITT Educational Services Administration Building Site is a 2.24 -acre parcel, northeast corner Hamilton Crossing West, directly north of building 5 Parcel defined in conjunction with the required right -of -way for proposed US 31 and 131S Street interchange Design coordinated with INDOT Future right -of -way line of INDOT requires matching northern and eastern boundaries of this site Site includes 151existing parking spaces—an additional 180 spaces are proposed —total of 331 spaces upon completion Two rows of large, mature trees exist running n/s through the middle of the site Parking layout designed to preserve majority of trees Landscape Plan has been approved by City Forester Parking Lot expansion interrupts an existing asphalt path bordering Hamilton Crossing; path is now re- routed within greenbelt area Parking lot lighting will match existing fixtures Drainage from expansion is included in master plan for Hamilton Crossing at time of development Department Report, Angie Conn: Most every Dept has signed off on this project DOCS has 4 outstanding, minor comments Commission can approve with conditions applying to comments ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 10 Commission Member Comments: What tree saving practices are being utilized— during construction and after? Explanation of re- routed walking path Any landscaping on existing path to be mimicked on new, expanded portion Petitioner says he fully intends to preserve trees--curb line is set back to drip line of trees and working with Scott Brewer to preserve trees Petitioner says new requirements for buffer plantings along US 31 and 131S Street require much denser plantings and he is in full compliance Motion: Woody Rider "to suspend the Rules and vote on this item this evening." Motion was seconded by Brad Grabow, voted 8 -0, Motion Carried. Motion: Woody Rider "to approve Docket No. 09060015ADLS, Hamilton Crossing West, Building 5 —ITT Parking Expansion." Motion was seconded by Susan Westermeier, voted 8 -0. Motion Carried K. Adjourned to Executive Session at 8:10 PM Leo Dierckman, President Ramona Hancock, Secretary Filename: PC- 2009 -0818 updated ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 11