HomeMy WebLinkAboutMinutes SpecStdy 09-05-00CARMEL /CLAY PLAN COMMISSION
SPECIAL STUDY COMMITTEE
SEPTEMBER 5, 2000
The regularly scheduled meeting of the Special Study Committee met at approximately
6:00 PM on September 5, 2000 in the Caucus Rooms of City Hall, One Civic Square,
Carmel, Indiana.
Members present were: Leo Dierckman; Madeline Fitzgerald; Kevin Kirby; Bob
Modisett; James T. O'Neal, Sr.; Pat Rice; and Paul Spranger.
In attendance representing the Department of Community Services were Steve
Engelking, Director, and Michael Hollibaugh.
Note: Items 1 and 2 were heard together and voted on separately.
Item 1. Docket No. 77 -00 OA; Old Meridian District Ordinance
Petitioner seeks favorable recommendation to amend the Carmel/Clay Zoning
Ordinance to adopt the OM /Old Meridian District Ordinance.
Filed by Michael P. Hollibaugh of the Department of Community Services for the
Old Meridian Task Force.
Item 2. Docket No. 78 -00 Z; Old Meridian District
Petitioner seeks a favorable recommendation of a rezone from S -2; R -1; R -3; R -5;
B -1; B -2; B -3; B -5; B -7; I -1; M -3; and PUD to OM /Old Meridian District on
370.35 acres. The site is zoned S -2 /Residence; R -1 /Residence; R -3 /Residence; R-
5 /Residence; B -1 /Business; B -2 /Business; B -3 /Business; B -5 /Business; B -7/
Business; I -1 /Industrial; M- 3/Manufacturing; and PUD /Planned Unit
Development.
Filed by Michael P. Hollibaugh of the Department of Community Services for the
Old Meridian Task Force.
John Schuler was in attendance representing the Old Meridian Task Force. Michael
Hollibaugh distributed the revised, latest draft of the Old Meridian District Ordinance.
The only items to be discussed are Mixed -Use Zone; Special Use Zone; and Office Zone;
plus the modifications and applications procedures. These items will complete the
review of the draft.
Michael Hollibaugh led the discussion beginning with Section 5.4 on page 13. Under
Permitted Uses, "Family or Child Advocacy Center" was added. There has been
discussion among St. Vincent's, the County Prosecutor and others to bring "Chauncy's
Place" into one of the existing buildings off of Main Street. This language has been
added to accommodate that situation.
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In response to questions from Bob Modisett, Michael Hollibaugh stated that the existing
residences in this area, long term, would be converted to other uses and would be non-
conforming uses under the new zoning. Rather than "grandfathering" in the existing
residential uses, the development standards are changing. There still are existing uses in
the area that are permitted.
Bob Modisett was not in favor of non conforming uses being permitted and felt it was a
pretty drastic change.
Michael Hollibaugh said the Task Force had worked with the owners through the process
and the issues. The residents of the area have ended up in favor of the plan, including
those who have a road going through their home. There are only a few owner occupied
homes -most of the homes are rental properties. It really hasn't been an issue. There has
also been no push back from the businesses in the area.
Under the Old Meridian plan, districts relate to one another and allow for some retail but
not wall -to -wall, from Carmel Drive to St. Vincent Hospital. Under the long term plan,
Sundown Gardens would be a non conforming use; they are currently in the B -3
classification which has a myriad of special uses.
Leo Dierckman moved to recommend approval of Section 5.4, Mixed Use Zone,
seconded by Kevin Kirby. APPROVED 6 in favor, Bob Modisett opposed.
Section 5.5, Office Zone was discussed with some minor changes. The change in Office
Zone allows the veterinarian clinic as a permitted use.
Bob Modisett moved to recommend approval of Section 5.5, Office Zone, seconded by
Kevin Kirby. APPROVED 7 -0.
Section 5.6, Special Use Zone was discussed. On page 16, Additional language was
added to paragraph B. This language establishes criteria that can be used by the Plan
Commission to judge uses that may be proposed that are not permitted uses, currently.
The language incorporates and is consistent with the current Ordinance in use today.
Leo Dierckman moved to recommend approval of Section 5.6, Special Use Zone,
seconded by Kevin Kirby. APPROVED 6 in favor, Bob Modisett opposed.
Section 6.0, Modifications, page 17. Language in this section gives the Plan Commission
some discretion to make modifications without sending projects to the Board of Zoning
Appeals. Anything beyond 35% would require BZA approval. This language on
modification is for dimensional and quantitative; 50% modification would require a
Variance.
Leo Dierckman moved for approval of Section 6.0, Modifications, seconded by Pat Rice.
APPROVED 7 in favor, none opposed.
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Section 7.0 Application Procedure. The application procedure is the ADLS application.
The intent that the Committee had was that there would be tough architectural standards,
tough landscape standards, but it would not be a long, involved process with public
notice. The petitioner would still be appearing before the Plan Commission for ADLS
approval; as long as the petitioner would meet the development standards and setback
standards. Leo Dierckman moved for the approval of Section 7.0 Application Procedure,
seconded by Bob Modisett. APPROVED 7 in favor none opposed.
Section 7.3. Bob Modisett commented that the Plan Commission had requested an
expanded aerial of each site so that neighboring properties could be seen. Bob Modisett
moved to amend Section 7.3 to include adjoining properties and aerial photos wherever
possible, seconded by Jim O'Neal. APPROVED 7 in favor none opposed.
Michael Hollibaugh explained that language was added that provides for new buildings in
the "Meijer Zone." Meijer will be taken out of the Overlay Zone and put in its own
classification. In regard to signage, signage shall be permitted consistent with the section
that refers to Old Towne signage, subject to Plan Commission and ADLS approval. Jim
O'Neal is on record as opposing the Meijer gasoline /service station that was previously
approved by the Plan Commission on the east side of Meijer, along Old Meridian.
Kevin Kirby moved to forward Docket No. 77 -00 OA; Old Meridian District
Ordinance, to the Plan Commission with a recommendation for approval, seconded by
Leo Dierckman. APPROVED 6 in favor, Jim O'Neal opposed.
Michael Hollibaugh stated that the Zone Map has been modified and now carries all
changes discussed on the Zoning. The Map will become a part of the Old Meridian
District Ordinance.
Pat Rice moved for the approval of Docket No. 78 -00 Z, Old Meridian District,
seconded by Leo Dierckman. APPROVED 6 in favor, Bob Modisett opposed.
Item 3. Docket No. 92 -00 ADLS Amend, Meridian Mark I Liberty Mutual
Insurance
TABLED TO OCTOBER
The Agenda was reordered to hear item 5 out of sequence.
Item 5. Docket No. 131 -00 DP /ADLS; Mayflower Park Subdivision, Block 6, Lot 2
Petitioner seeks approval to establish an automobile dealership on 7.351 acres.
The site is located on the southwest corner of West 99 Street and Michigan
Road. The site is zoned I -1 /Industrial and is located in the US 421 Overlay Zone.
Filed by Paul G. Reis of The Reis Law Firm for Chrysler Realty.
Paul Reis, attorney, 12358 Hancock Street, Carmel, appeared before the Committee
representing Chrysler Realty. The Chrysler dealership will be located within the
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Mayflower Park. Revised plans were submitted to the Department. The landscape plans
were also revised and are currently under review by Scott Brewer of the Department.
Steve Engelking confirmed that the revised plans had been received this afternoon and
there has been no time for the Department to review and comment.
Kevin Kirby suggested that the committee allow the petitioner to proceed; however, it is
likely that no decision would be made
There was discussion regarding the timely submission of plans and revisions. The
Department has consistently requested that submissions be made ten days prior to a
hearing date.
Paul Reis responded that he had had a meeting with Mike Hollibaugh regarding the
landscaping and numerous conversations with the Urban Forester about the site; it is not
as if the landscaping plan is completely new.
In keeping with the "Spirit of the Ordinance," Paul Reis stated that the building will be
120 feet from the right -of -way line and the parking will be limited to the front. It has
become difficult to address the landscaping required under the Ordinance and a landscape
architect has been retained to work with Scott Brewer, Urban Forester, at the Department
of Community Services. The challenge has been to landscape the site within the spirit of
the ordinance and yet allow sufficient visibility for a permitted use, in this case, an auto
dealership. The number of shrubs has been increased substantially from 99 to over 286.
The trees have been grouped differently and the species of trees to be utilized will allow
visibility and at the same time provide the landscape /streetscape envisioned by the
Ordinance. Shrubbery has been added to the parking lot areas and the foundation
plantings have been "beefed up" in accordance with the Ordinance. Trees have been
added along the property line in addition to the trees already in existence.
There were questions from the committee as to whether or not the shrubs would screen
year 'round or seasonal. Mr. Reis responded that with the exception of the spirea, the
shrubbery will be green and attractive year 'round. The aim is that it will be about three
feet tall and not of sufficient height to block the building; about one fourth of the
shrubbery will be spirea. The canopy type trees will allow visibility from 3 to 8 feet; the
species will be ash and some type of Linden maple. Some trees will be felled to make
way for the right -of -way of 421.
Mr. Reis explained that the petitioner is seeking a variance through the Board of Zoning
Appeals for the additional 6 foot landscape buffer at the parking areas. At the western
property line there is a 36 inch pipe to accommodate the drainage. The state will be
installing a pathway within the State right -of -way.
Mr. Reis commented that the architects at Scheer and Scheer assumed that the building is
of the Greek Revival style. The building is definitely Federal Style and Mr. Reis read
some guidelines for the Federal Style. The petitioner has made every attempt to design
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under the Federal style. The building material has been changed along the south
elevation and on the west and north elevations so that there is scored block and split -face
block along those areas. The facades are six feet deep; there will be breaks in the facade.
The lower right sections of the building will be tied to the arch and the petitioner will
incorporate the base element on either side of the entry way, although it is not shown on
the drawings. The block material in the front will have a cut stone appearance. A sample
of the split -face block was shown. The glass on the buildings will be clear rather than
tinted to allow for visibility of automobiles.
In response to Madeline Fitzgerald's question, Mr. Reis stated that the trash receptical
will be split -face masonry to match the building.
Kevin Kirby commented that using the split -face block would break up the monotony and
lend a little more character to the building. Kevin was also in favor of the aesthetics of
the columns.
Leo Dierckman asked about the signage. Mr. Reis responded that a variance is being
requested to take the signage to 10 feet in height, 8 feet wide, internally illuminated. In
addition to the sign on the building, an additional sign is being requested for 99 Street,
not yet a public street, but will eventually become a public street. There are two existing
curb cuts off of 421; accel/decel lanes are required.
Kevin Kirby moved to forward Docket No. 13 1 -00 DP /ADLS, Mayflower Park
Subdivision, to the full Plan Commission with a positive recommendation, subject to the
Department's review of the revised landscape plan, seconded by Pat Rice. APPROVED 5
in favor, 2 opposed (Madeline Fitzgerald and Paul Spranger.
Item 4. Docket No. 102 -00 PP, East 96 Street Auto Park Subdivision
Petitioner requests approval toxlat 4 lots on 38.23 acres. The site is located on
the northeast corner of East 96 Street and Randall Drive. The site is zoned B-
3 /Business.
Filed by Charles D. Frankenberger of Nelson Frankenberger for DYC Realty
Charles Frankenberger, attorney, St. Charles Place, Carmel, appeared before the
Committee representing Tom O'Brien, Tom Wood and DYC Realty. The applicant is
requesting approval to plat 4 lots on approximately 38 acres at 96 Street and Randall
Drive.
The primary review of the project is the O'Brien building. Revised elevations were
displayed on the overhead. The real estate is a 38 acre tract comprising a west parcel and
east parcel with a floodway in between. The site is north of 96 Street, west of Gray
Road, and east of Keystone Avenue. Other uses in the area are other car dealership, the
Williamson Run Subdivision, Bottamiller Enterprises, and mining operations.
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The front elevation of the building remains a white, dryvit material with polished,
stainless steel columns. The back of the building has changed from a slope to flat for
better blending, and consists of split -face block, red brick to the top.
The east elevation is red brick and concrete masonry consisting of split face block; the
west elevation is the same with the addition of several windows. A sample of the brick
was displayed.
Comments and Questions:
Madeline Fitzgerald, Mechanical placement? The mechanical will be placed on the roof
above the showroom and will be screened from view.
Jim O'Neal moved for approval of Docket No. 102 -00 PP, East 96 th Street Auto Park
Subdivision, seconded by Leo Dierckman. APPROVED 7 -0.
Item 6. Docket No. 132 -00 Z, Dodd Rezone
Petitioner seeks a favorable recommendation for a rezone from the S -1 /Residence
district to the B -8 /Business District on 11.35 acres. The site is located on the
southeast corner of East 146 Street and Hazel Dell Parkway The site is zoned S-
1 /Residence.
Filed by Corby D. Thompson of Plum Creek Partners.
Corby Thompson appeared before the Committee representing Plum Creek Partners.
Also in attendance were Tim Holt, partner, and Steve Fehribach of A &F Engineering.
Noblesville City Councilor Laurie Hurst was in attendance to address comments about
Noblesville's intentions for the 146 Street and Hazel Dell area.
The subject site is the southeast corner of 146 Street and Hazel Dell Parkway. The
character of the property has changed considerably in the last several years. The property
is now at the intersection of two, four lane roads. There is 160 feet of right -of -way on
Hazel Dell, and 120 feet on 146 Street. Currently at this site is a horse farm. The
eastern border of the property is the Ashmore Trace Subdivision; the southern border is a
parking lot; to the west is the Ashton Subdivision. There are some vacant lots adjacent,
and an existing residence at the very northwest corner of the site.
The petitioner is requesting a rezone from the S -1 /Residence district to the B- /8Business
district. Within the B -8 /Business district, each use would have to appear before the Plan
Commission for ADLS approval.
The S -1 /Residence does permit some special uses such as cemetery, clinical/medical
center, day nursery, plant nursery, and school or kindergarten. These uses are permitted
on the site today without a rezone.
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Mr. Thompson submitted commitments in regard to excluded uses of the real estate;
those are: an auto parts store, auto tire center, billiard parlor, bowling alley, car wash,
cold storage locker, gunsmith, motor bus station, shooting gallery, skating rink, tavern or
night club and amusement arcade. These will all be excluded uses.
Additionally, the owner commits to the plans shown for pedestrian pathways, buildings,
surrounding streets and residential uses. The owner further commits that the buildings to
be constructed on the real estate shall be in keeping with the scale and scope of retail and
office uses serving residential areas, and that the buildings shall be of a residential,
architectural style incorporating brick or brick veneer exterior and windows of a
residential genre.
The vision for the project is to serve residential needs in the area. The Comprehensive
Plan for Carmel anticipates neighborhood retail centers. East of Keystone and between
146 Street and 106 Street are probably 10 to 14 thousand residents. It is evident that
this area is under served for commercial uses. Again, each use is to come before the Plan
Commission for review.
As of this date, there are no users. Therefore, it is not possible to commit to an
architectural detail and style. Again, each use is to come before the Plan Commission for
review and at that time, the style, design, materials, etc. will be scrutinized.
Questions and Comments:
Paul Spranger commented that the State Legislature had enacted enabling legislation to
allow for review of extremely detailed plans before a Rezone is decided.
Pat Rice asked if the petitioner had scheduled more meetings with the adjoining
neighborhoods. Mr. Thompson stated he had distributed his business card to 3 or 4
persons, and would be more than happy to meet with the neighbors. There was one
neighborhood meeting held before the public hearing; nothing scheduled since that time.
Comments from Laurie Hurst, Noblesville City Council and chairman of the Economic
Development Committee spoke as one of 7 members of the council. Previously, a
developer had approached Noblesville for plans for both the northeast and northwest
corner of 146 Street. The developer was turned away. The northeast corner of 146
and Hazeldell is a perfect spot for 'village centers," similar to what is being described by
Corby Thompson. Ideally, the village centers are 10 to 15 acres in size. Proposals
brought to Noblesville have been for 40 plus acres. These corners are viewed as
commercial with residential beyond.
Paul Spranger extended an invitation to Noblesville to work together on arriving at a set
of architectural standards and concept along the 146 Street corridor so that all four
corners would blend and complement. It would be tragic for the quality of life in the area
if this were to become a strip mall.
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Laurie Hurst welcomed Carmel, the City of Noblesville, and Hamilton County all
working together on the planning for this area.
Pat Rice made a formal motion for the City of Carmel, Noblesville, and Hamilton County
to consider within the next 30 days, forming a joint Task Force or working group to
establish architectural guidelines for this corridor for the benefit of all parties, seconded
by Kevin Kirby. APPROVED 7 -0.
Kevin Kirby commented that the proposed is not a standard strip mall, and the
Commission needed to be comfortable with what is being proposed and the end result.
The Commission can look at items such as a committed site plan showing the location of
buildings, number of buildings, square footage, usage, architectural styles, materials, etc.
Kevin Kirby requested a set of commitments on the proposed development. The
petitioner could always return to the Commission to amend commitments.
Jim O'Neal commented that if done properly, the proposed center could be a welcome
addition to the neighborhood and very successful.
Pat Rice further commented that use is definitely an issue.
Pat Rice moved to TABLE Docket No. 132 -00 Z until such time as the petitioner can
return to the Committee with specific commitments as to the number of buildings, square
footage, architectural design and style, uses, and compatibility with the residential
character of the neighborhood, seconded by Kevin Kirby. APPROVED 6 in favor, Leo
Dierckman opposed.
Items 7 and 8. were heard together and voted on separately.
Item 7. Docket No. 138 -00 Z; Newark Village Subdivision, Lots 2 and 3
Petitioner seeks a favorable recommendation for a rezone from the R -2 /Residence
district to the B- 7 /Busines district. The site is located on the northwest corner of
Pawnee Road and Winona Drive. The site is zoned R -2 /Residence.
Note: This item is paired with Docket No. 139 -00 DP /ADLS.
Filed by Paul G. Reis of The Reis Law Firm for Carmel Ace Hardware, Inc.
Item 8. Docket No. 139 -00 DP /ADLS; Newark Subdivision, Lots 4 (part -7 and
Newark Village Subdivision, Lots 2 3
Petitioner seeks approval of an expansion of the Ace Hardware. The site is
located at 731 South Range Line Road. The site is zoned B -7 /Business and R-
2 /Residence.
Note: This item is paired with Docket No. 138 -00 Z
Filed by Paul Reis of The Reis Law Firm for Carmel Ace Hardware, Inc.
Paul Reis, 12358 Hancock Street, appeared before the Committee representing the
Carmel Ace Hardware, Inc. The petitioner is requesting a rezone from the R -2 /Residence
district to the B -7 /Business District.
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In response to questions from Paul Spranger, Paul Reis stated that the petitioner had met
with the Department of Community Services today and everything had been submitted
with the exception of the drainage calculations. The Secondary Plat drawing has not yet
been reviewed.
Steve Engelking reported that the landscaping and drainage plans, minus the calculations
had been delivered to the Engineer's Department and DOCS today, without adequate time
for review.
Steve White was in attendance. The main objective is to expand the covered garden
center, and provide additional customer parking. All outside storage will be eliminated.
The current garden center is about 2100 square feet. Mr. White stated that with the new
median cut, traffic will not be able to exit left onto Rangeline Road. The curb cut onto
Winona is vital for exiting traffic as well as truck delivery traffic. The existing building
is not being extended.
Leo Dierckman expresed concern that the rezone would change the balance of character
in the neighborhood.
Pat Rice maintained that the proposed develop encroaches on the residential
neighborhood and she was opposed to the encroaching.
Paul Spranger stated that there is now enabling legislation that will provide for greater
definition and design at the Rezone stage. Parking will be an issue for all businesses on
Rangeline Road. Illumination will be an issue.
Bob Modisett requested a commitment from the petitioner that the expansion is for the
garden center and parking lot only, not the existing building.
Leo Dierckman commented that the customer pick up area for the garden center is an
inefficient use of space. Perhaps the landscape buffer could double as a neighborhood,
pocket -park toward the residential area.
Steve White expressed a willingness to work with the neighborhood in creating a pocket
park that would be in keeping with the residential feel of the area.
Jim O'Neal said he initially had concerns with the project; however, as the City Center
develops, the character of Range Line Road will change.
Madeline Fitzgerald commented that she was not comfortable making a recommendation
in the absence of a definitive plan.
Paul Spranger commented that because of the Hardware store's location and its
encroachment into an existing neighborhood, and because of its close proximity to the
City Center, it will always be a viable neighborhood. It will be within walking distance
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of the City Center and the Monon. Perhaps the character of the future purchasers in the
neighborhood will be different, but it will be a viable neighborhood.
Kevin Kirby determined that the greenway is about 26 feet wide; there is 10 feet of
landscaping behind the sidewalk and the grassy area. The sidewalk could be moved
closer to the edge of pavement; the fence could be located to the inside with plantings
toward the residences. Another 5 five was requested of the petitioner to accommodate
the pocket park amenity.
Steve White responded that he was not against the pocket park and was willing to work
with the neighborhood.
Leo Dierckman was still opposed to encroaching on the adjacent neighborhood.
Madeline Fitzgerald again stated she was not comfortable making a recommendation to
the full Commission without the Department having had a chance to review and comment
on the proposed changes.
Paul Spranger stated that the ADLS is the issue, not the rezone.
Pat Rice requested full review of the modifications and design prior to forwarding to the
full Commission.
Jim O'Neal moved to forward Docket No. 138 -00 Z, Newark Village Subdivision, Lots
2 and 3 to the full Plan Commission with a favorable recommendation, seconded by Bob
Modisett. APPROVED 5 in favor, Leo Dierckman and Pat Rice opposed.
Leo Dierckman moved to TABLE Docket No. 139 -00 DP /ADLS, Newark Subdivision,
Lots 4 (part) 7 and Newark Village Subdivision, Lots 2 and 3, until a revised
landscape plan is submitted for review that would include the additional five for the
pocket park, commitments, and lighting plans, seconded by Kevin Kirby. APPROVED 7
in favor, none opposed.
Item 9. Docket No. 150 -00 ADLS Amend, Burger King
Petitioner seeks approval to replace the existing roof sign with a ground sign.
The site is located at 613 East Carmel Drive. The site is zoned B -8 /Business.
Filed by James R. Freiburger II of JRF Construction for Omni Restaurants.
Jim Freiburger appeared before the Committee requesting approval to replace an existing
roof sign with a ground monument sign on a brick pedestal. The petitioner met with
Craig Parks of the Engineering Department and Laurence Lillig of DOCS in regard to the
proposed location. The proposed site is the only physical place possible after the City
streetscape is in place.
Steve Engelking reported that the sign meets the parameters of the Sign Ordinance, and
the Department is recommending favorable consideration.
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Paul Spranger asked about the level of illumination. Mr. Freiburger stated that the sign
will be internally illuminated and will be muted to be consistent with the appearance of
Carmel Drive streetscape.
The Department will monitor the level of illumination and the petitioner agrees to
comply.
Jim O'Neal moved for the approval of Docket No. 150 -00 ADLS Amend, Burger King.
APPROVED 6 in favor, none opposed.
There being no further business to come before the Committee, the meeting was
adjourned at 9:40 PM.
Paul Spranger, Chairman
Ramona Hancock, Secretary
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