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HomeMy WebLinkAboutMinutes PC 09-15-09of C V` A4 A THE M0 w /NDIANp City of Carmel CARMEL PLAN COMMISSION TUESDAY, SEPTEMBER 15, 2009 6:00 PM, City Hall Council Chambers, 2nd Floor, 1 Civic Square, Carmel, IN 46032 Members Present: Leo Dierckman, Jay Dorman, Dan Dutcher, Brad Grabow, Heather Irizarry, Kevin "Woody" Rider, Rick Ripma, Carol Schleif, Steve Stromquist, Madeleine Torres Members Absent: Susan Weestermeier DOCS Staff Present:: Director Michael Hollibaugh, City Planners Angie Conn, Christine Barton Holmes, and Alexia Donahue Wold; Legal Counsel John Molitor. Also Present: Ramona Hancock, Plan Commission Secretary John Molitor administered the Oath of Office to Heather Irizarry, Mayoral appointment to the Plan Commission. The Minutes of the August 18, 2009 meeting were approved as submitted. F. Legal Counsel Report, John Molitor. There is continued activity regarding lawsuit in the Johnson Acres Subdivision Garage situation—no response by Plan Commission is called for at this time. Presumably the dispute will be resolved between Mr. Lewis and the neighbors. The Commission will be up -dated as needed. 1. Zone Improvement Plan; park impact fee. Information was included to all Plan Commission members. State Law requires that an Impact Fee must be enacted every five years or it lapses. Under Carmel's existing ordinance that was enacted in 2005, the Impact Fee which supports new development of Parks and Recreation infrastructure is $1,261.00 per residential unit. The Ordinance will expire in September 2010 if it is not re- enacted. State Law also requires 6 months advance notice to those who will be paying the fee; therefore it must be enacted in early March, 2010. The Park Impact Fee has been scheduled for Public Hearing next month. However, State Law also requires that it must first go to an Impact Fee Advisory Committee. The Mayor has appointed member sf the Special Studies Committee plus additional members appointed by the Mayor. The Impact Fee Committee will meet at 5:30 PM on October 6, prior to regularly scheduled committee meeting. S:/ P1anCommission/ Minutes/P1anCommissionMinutes/PC Minutes2009/PC- 2009 -sept 15 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Michael Hollibaugh addressed the Commission and reported that two additional members were appointed by the Mayor to serve on the Impact Fee Advisory Committee —Bill Redmon, representing the Carmel Chamber of Commerce, and Joe Downs, heavy real estate background. Motion: Jay Dorman "to move /allow the Park Impact Fee Study item to be heard October 6, 2009 at 5:30 PM, prior to the Special Studies regularly scheduled Committee meetings," seconded by Woody Rider, voted 10 -0; Motion Carried. Clarification: Park Impact Fee is Docket No. 090090012 OA; Zone Improvement Plan is Docket No. 09090013 CP Amend. G. Announcements Department Concerns, Angie Conn: Reminder to the Commission of a Special Meeting of the Subdivision Committee scheduled for September 29, 2009 at 6:00 PM in the Caucus Rooms of City Hall to consider the SmartCode development regulations and the Zone Map. Also, the Department is requesting a vote this evening on Subdivision Waiver 09040008 for the Range Line Road commercial item (09040007 PP Amend, Wilkinson's Addition, Lots 13 -15, Range Line Commercial) to grant the Subdivision Committee final voting authority and final action on both the Primary Plat and the Subdivision Waiver at the October 6, 2009 Committee meeting. [SCO 6.05.01 lot width <50 -ft]: The primary plat and Subdivision Waiver could then move along simultaneously in the process. Motion: Woody Rider "to grant the Subdivision Committee final authority for Docket No 09040008 SW and 09040007 PP Amend," seconded by Jay Dorman, voted 9 in favor, one (1) opposed (Ripma) Motion Carried H. Public Hearings WITHDRAWN: Docket No. 09060007 Z: Rezone, 146th Cherry Tree 2. Docket No. 09080005 PV: North Meridian Heights Plat Vacation The applicant seeks plat vacation approval for 39 of 47 platted lots and road right of way. The site is located at 131 St. and Catherine Dr, east of US 31. The site is zoned OM/MU –Old Meridian Mixed Use and the B -6 /Business, within the US 31 Overlay. Filed by James Browning of Meridian Heights Associates, LLC. Present for Petitioner: Jamie Browning, 1473 Prestwick Lane, Carmel, representing Meridan Heights Associates LLC. Overview: Seeking vacation of plat for Meridian Heights Subdivision Application seeks vacation of plat for the roads in two areas One area does not impact any remaining homeowners in the Subdivision One area does impact access into the Subdivision Petitioner has appeared before the Board of Public Works and made commitment that would S:/ P1anCommission/ Minutes/P1anCommissionMinutes/PC Minutes2009/PC- 2009 -sept 15 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 trigger ability to vacate the road —Phase II —that an alternative access plan would be in place Two possibilities: 1) Extend Pennsylvania east /west through the lower portion of the Subdivision 2) Maintain existing roadway to service remaining homeowners Public Remonstrance: Organized/Unfavorable Jim Spicklemire, 1309 Lynn Drive, Carmel, Vice President of remainder of residents of North Meridian Heights Subdivision. Residents register no objection to the vacation of the Plat, but do object to vacation of the Street or right -of -way of Catherine Drive. There are still school age children in the subdivision and children will have to be brought to Main Street for school bus pick -up. An additional concern is the lack of timing. At the rezone stage, there were conditions put into effect that said the homes that were purchased by Browning were to be torn down, leveled out, and re- seeded by June 15. It is now September 15 and this process has not been finished yet. Existing homeowners have endured an additional three months of what was promised in terms of cleaning up the property. An additional concern is a letter from Jamie Browning dated May 6 th stating no immediate development plans, therefore the roads and drainage system will remain in place for the time being. Why is it coming before the Commission now and request made for the roads to be changed when there are no development plans for this area? Finally, Browning does not even own parts of the property that the plan would affect; why is it necessary for road /right -of -way vacation at this particular time? Rebuttal, Jamie Browning: Happy to work through the school bus situation. Regarding commitments previously made and the time frame, the financial crisis in the country has slowed the progress substantially. The invasion into the neighborhood has been minimal. There are several ways in/out of the property and we seem to be moving in a pretty positive direction. We are on record as saying there are no immediate development plans for this area The development plan will be filed soon and will show how the property is intended to be sub divided. Dept Report, Angie Conn: Dept recommends this item be sent to Oct 06 Special Studies Committee. Commission Comments Questions: Mr. Browning appeared before Council when it was apparent that he would not meet the deadline Members of the Council understood the financial community at that time Mr. Browning has apparently attempted to follow the timeline within reason Map or rendering requested that distinguishes between streets in place today and not focusing on the proposed There are six homes that are not under contract —one is an estate issue and there is an agreement to purchase the home The lot in the middle will have access from Lynn Drive to that particular house Note: Plan Commission has authority to vacate the plat, the Board of Public Works has jurisdiction over the right -of -way and easements. Motion: Jay Dorman "to suspend the Rules of Procedure and vote on Docket No. 09080005 PV, North S:/ P1anCommission/ Minutes/P1anCommissionMinutes/PC Minutes2009/PC- 2009 -sept 15 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Meridian Heights, Plat Vacation only." Seconded by Woody Rider, voted 10 -0. Motion Carried. Motion: Jay Dorman "to approve Docket No. 09080005 PV, North Meridian Heights, Plat Vacation Only, with City Council/Board of Public Works making decisions regarding rights -of -way, easements, roadway improvements, and road connections to existing homeowners." Motion seconded by Rick Ripma, voted 10 -0. Motion Carried. 3. Docket No. 09090004 OA: SCO Ch 4: Definitions, Amendment The applicant seeks to amend Chapter 4: Definitions of the Subdivision Control Ordinance in order to add definitions for Preliminary Plat and Final Plat. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Present for Petitioner: Alexia Donahue -Wold, Dept of Community Services. Overview: Adding two definitions to Subdivision Control Ordinance Definitions will clear discrepancy with State Code Public Remonstrance: None Dept Report, Angie Conn: Changing Recommendation per legal counsel Recommend sending to Subdivision Committee on October 6 Motion: Brad Grabow moved "to TABLE Docket No. 09090004 OA, SCO Ch 4: Definitions, Amendment until the next Plan Commission meeting." (October 20) The motion was seconded by Dan Dutcher, voted 10 -0 Motion Carried. 4. Docket No. 09080022 CPA: Brownfields Comprehensive Plan Amendment The applicant seeks to amend the Carmel/Clay Comprehensive Plan to provide for brownfields redevelopment. Filed by the Carmel Department of Community Services on behalf of the CarmePlan Commission. Present for Petitioner: Christine Barton Holmes Overview: Seeking to amend one section on page 21 of the Comprehensive Plan Policy 7—encompasses Environmental Initiatives Amendment would allow search, assessment, and clean -up of brownfields Short term —Dept is working on a several -phase Grant for locating, mapping, cleaning up, and redeveloping brownfields Long term —Dept would like to provide for similar sites located and encourage redevelopment of those sites Critical Issue is Ground Water S:/ P1anCommission/ Minutes/P1anCommissionMinutes/PC Minutes2009/PC- 2009 -sept 15 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Public Remonstrance —None No additional Staff comments Commission Questions /Comments: Any industrial sites -Toxic Waste in Carmel? Amending Comp Plan before the study? Caution: Potential stigma regarding identification and prioritization of brownfields —could put a small business "out of business" Overall objective is a sound one Who pays for clean -up who decides when it is clean? Support for project—fairly progressive action Response, Christine Barton Holmes: Examples: Dry Cleaners Auto Body Shops Active Inactive Gas Stations Informal Study Already in Progress Currently working with Consultants on Brownfield Assessments One requirement of the Grant is showing solid, community work towards Brownfield Assessment—amending Comp Plan is a step toward that Clean -up paid for by EPA Grant; State Funding or low interest loans; Federal Funding; also msurance EPA decides when a property is cleaned -up or the State agency Property owner can clean -up, but depends on degree of contamination Motion Jay Dorman "to forward Docket 09080022 CPA: Brownfields Comprehensive Plan Amendment to City Council with a positive recommendation." Motion seconded by Carol Schleif, voted 9 in favor, one opposed (Ripma) Motion Carried. Point of Order: Motion to Suspend the Rules: Carol Schleif, seconded by Dan Dutcher, voted 9 in favor, one opposed (Ripma) Motion Carried. I. Old Business 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: Les Olds, Executive Director, Carmel Redevelopment Commission. Overview: CRC is requesting the rezone of a property purchased last year S:/ P1anCommission/ Minutes/P1anCommissionMinutes/PC Minutes2009/PC- 2009 -sept 15 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Historically, CRC property would be zoned C -1 or C -2 CRC requesting rezone to OM -MU -Old Meridian District Mixed Use Rezone request based upon recommendation of Dept Staff Committee Report, Rick Ripma: Committee thought rezone made sense Committee voted 4 -0 positive recommendation Lot 21 was included Department Report, Angie Conn: No issues at this time Motion: Rick Ripma "to forward Docket No. 09050023 Z, Rezone, Old Meridian Main to City Council with a positive recommendation." Seconded by Woody Rider, voted 10 -0 Motion Carried New Business Docket No. 08110007 OA: Kite PUD Expansion (Key Bank); (As amended and approved by City Council; Ordinance Z- 528 -09). The applicant seeks ordinance amendment approval to expand Kite PUD Ordinance Z- 344 -00. The site, located at the southeast corner of 146 St. and Lowes Way, was just rezoned from R -4 /Residence to PUD /Planned Unit Development (Z- 529 -09). Filed by Paul Reis for Kite Greyhound III, LLC. Present for Petitioner: Paul Reis, attorney, Krieg, Devault LLP, 128000 North Meridian Street, Carmel Overview: Procedural Matter Discussion has continued with County Commissioner Christine Altman who suggested an access point through the neighborhood onto Lowe's Way and north to the stoplight at 146 Street Danbury HOA agreed to suggested ingress /egress Commitments have been made to County Commissioners regarding installation of a median on 146 Street and the Danbury entrance that would prohibit a left or west -bound turn A dedicated lane will be added for deceleration for people entering Danbury from Lowe's Way Pending final discussions with Key Bank, the petitioner will return with an amendment to the Site Plan to incorporate proposed changes Petitioner would work with Staff to incorporate items City Council has approved the amendment to provide access Commitments have been made to City Council, and those will be recorded pending Plan Commission approval Dept report, Angie Conn: Request a vote on amended changes Vote to accept, deny, or modify changes made by City Council. S:/ P1anCommission/ Minutes/P1anCommissionMinutes/PC Minutes2009/PC- 2009 -sept 15 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Clarification, John Molitor: The Plan Commission is only being asked to vote on the amendment to the PUD amendment —the rezone has not changed. Motion: Rick Ripma "to approve Docket No. 08110007 OA, Kite PUD Expansion (Key Bank) as Amended and approved by City Council, Ordinance Z- 528 -09." Motion seconded by Madeleine Torres, voted 9 in favor, one opposed (Dierckman) Motion Carried. 2. Review Comments requested for possible arch design element at Tom O'Brien (East 96 Street Auto Park, lot 2) The site is located at 4630 E 96 St. and is zoned B -3 /Business. Present for Petitioner: Tom O'Brien, Auto Park, East 96 Street Overview: Seeking Feedback on conceptual changes to building Proposed changes submitted for info only Changes in design element requested by Chrysler Group Dept Report, Angie Conn: Proposed Design Changes presented for REVIEW comments only Comments will determine whether or not to move forward with ADLS Amend Commission Questions /Comments: Not in favor of new design Design should stay as is —looks much better without arch Currently a semi crisis in the auto industry— proposal is a Needless Expenditure at this time not in favor Arch by itself is OK—cannot envision blending with current design without a lot of additional alterations and re- design No problem currently recognizing the facility— showroom, service, etc. From architectural design standpoint —would impede desire to enter building rather than feeling of open access to entire facility Proposal is a lousy design Arch style does not match style of balance of building Currently a classy building design—proposed design does not blend with existing Would take a major effort for the details to line up —arch is in the wrong location Current building design is special —leave it alone —don't hire an architect at this point Note: By a "Show of Hands," the Commission unanimously voted NOT to Approve the proposed design changes. K. Meeting Adjourned at 7:15 PM Leo Dierckman, President Ramona Hancock, Secretary S:/ P1anCommission/ Minutes/P1anCommissionMinutes/PC Minutes2009/PC- 2009 -sept 15 7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417