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HomeMy WebLinkAboutMinutes Sub 07-06-04PLAN COMMISSION SUBDIVISION COMMITTEE MINUTES TUESDAY, JULY 6, 2004 REPRESENTING THE DEPARTMENT: Michael Hollibaugh, Director Adrienne Keeling, DOCS John Molitor, of Council SUB DIVISION COMMITTEE MEMEBERS: Stephanie Blackman Dan Dutcher Diana Knoll Rick Ripma Susan Westermeier OUTSIDE COUCIL: Paul Reis, DREWRY SIMMONS VORNEHM Mo Merhoff, CHAMBER OF COMMERCE Docket No. 04010027 OA: Proposed Chapter 23F: Range Line Road /Carmel Drive Overlay Zone Filed by the Department of Community Services. The petitioner seeks to add new provisions regarding development standards for properties along portions of Range Line Road and Carmel Drive to the Zoning Ordinance. Blackman: Can we have an overview from the Department and members of the pubic and then the Committee Members? A. Keeling are we looking at the most recent copy? Keeling Yes and to summarize last weeks meeting. Language in the ADLS requirements is vague and wanted to nail down the language. Discussion on building facades and square feet language. Merhoff: Although the Chamber of Commerce is grateful for the opportunity to present we cannot ignore the requests of the businesses challenging the development of a Business District Ordinance. Many businesses fear the new district will exclude them and tie their hands during updating /remodeling or rebuilding after a disaster. We want built -in guarantees protecting their investments. Reis: We echo these same concerns and desires. If they lose their space by a fire or tornado will they be able to rebuild the same structures, same design? My clients have expressed their concern with a Business District Ordinance that will in their opinion "downsize" them right out of Carmel. Blackman: We will now take comments from the Committee. Knoll: I would like to know where the line is drawn to pass this on for approval? Reis: We want to nail down language that will ensure longevity for the existing businesses. Keeling: This has been part of the whole dialogue citywide. The Department is sensitive to the businesses and this is a different area than Old Meridian. This is a starting point for the Department with regard to a central business district along Range Line Road. We did put the sunset provision in here for a reason. Blackman; Central idea for the business district? Keeling: Yes, higher intensity of use and more urban. Similar to City Center Drive with Townhomes pulled close to the right -of -way giving it a different feel. We have an idea of where we are going. The Department is happy to receive public comments. Westermier: Is the redevelopment wanting the same architecture? I think there should be some grandfathering considerations with regard to rebuilding after storm damage and when the owner sells. Dutcher: Currently the Department responds to the ADLS and implementing its principles without the ordinance. Keeling: We look at ADLS applications on an individual basis. This ordinance will make built to lines and setbacks a requirement in the district. You could as a committee choose to follow this but future committees would not have to adhere to it. Blackman: It appears the Committee has no real concerns. Knoll: At some point people will see that the architecture streetscape will no longer match the incoming. Dutcher: How do we get there if we have opposition from the businesses it affects? Reis: This has wide ranging impacts. It interacts with Art and Design District, City Center and Old Town and they all need blending. We already have rebuilts and new beautiful buildings along Range Line that will not meet the ordinance. No merchant will move into an area without parking. Do we go to the Mayor or the Council and say as written the ordinance does not work this way. Will the City provide municipal parking? What do you want us to do? How do we go forward and if you look at the signage. The signage does not work for Range Line Road as written. Ripma: These are the same arguments from the first time we heard this. Has anything been accomplished other than they do not want it, you (the Department) want it? Merhoff: Yes. We have traveled quite a bit but it has not been easy. Ripma: What does the City want to accomplish tonight? Keeling: Rebuilts were at forty percent and has increased to ninety percent... Ripma: and they are still unhappy with it. Keeling: We wanted to continue gathering information and get an overall feeling of the committee. Maybe if it is just a recommendation. The two floors occupied is the biggest hurdle. Continued discussion on the percentages and recommendations, without resolution. Blackman: I do not think we are even ready for the section -by- section discussion, but we do want to see something this is a final draft with/without acceptance of the Chamber. Dutcher: In a well articulated primary resolution of those areas. Westemier: Articulate and well- communicated vision with what's in it for the current businesses with a time frame per incident. Reis: Ideal task force would consider the business on Range Line that does not fit in along Range Line when they rebuild. Hollibaugh: Why do they have to rebuild. You are basing this on conjecture? Knoll: Restoration of catastrophic issues. Ries: We are also talking about landscaping, and parking lots, number of spaces in a lot. We want to approach this in a careful way during the planning stage. Because once it is adopted it is adopted. There is a stigma that says you are not conforming to use. We have three or four property owners with contractual agreements to rebuild. Merhoff: How can anyone comply with the issues of this ordinance to rebuild when you have sidewalks, landscaping, the parking, 5000 square feet on a two story building show me someone an existing along Range Line today that could meet that standard. Blackman: But we have the built -in to waive 35 percent of the ordinance. Hollibaugh: I am not sure we can come to an agreement. The Department, the Commission, the Landowners and the Chamber tried this a few years ago and talks stalled. The Carmel Redeployment Commission is developing some momentum in this part of town. The Mayor asked us to get something on the books to prevent landowners from capitalizing on the work that the Redevelopment Commission has done with developments that are not consistent or reflective. We want stopgap measures in place for a development pattern in areas not controlled by the Redevelopment Commission. I do not believe it undermines business owners but protects their investment. I am not sure how we can get this going to please everyone. We are not interested in starting a long process but rather getting something on the books soon. Blackman: I would like to see the final version so we can adjust it into the form and the best chances of getting through it. Final version, a list of outstanding concerns from the chamber, and we will hash out our vote next time. Thank you. ...END... Docket No. 150 -02b OA: Amendments to the CarmeUClay Zoning Ordinance Patch #4 Filed by the Department of Community Services. The petitioner seeks to add new provisions to and make several corrective amendments to the Zoning Ordinance. BLACKMAN: Where did we get to last time? KEELING: Chapter 19, Page 14, of the draft. A while since we did this. I suggest section by section. BLACKMAN: Let's look changes speak up if you need to other wise move on. KEELING: Chapter I -1, 20 -A. 000.999 not in any other section regarding DP and ADLS. Chapter 20 -B adding Development Plan and ADLS to that chapter. Chapter 20 -C repealing M -2. Chapter 20 -D changing Carmel Plan Commission to Commission. We are adding DP to the Old Meridian District and moving the sign requirements to the sign ordinance. Page 23, Chapter 23 -A restructures the chapter. Chapter 23 -13, US 31 clarification of the occupiable floors. Page 26, D -I There is a height requirement but it means we are clarifying to mean floors. Page 27, moving to ADLS Chapter. Page 29, US 421, added tracts located in and out of the Overlay would require the entire tract to adhere the to Overlay requiring DP and ADLS approvals. Page 30 the Old Town District Chapter 23 -D Allowing retail uses in the Range Line Road sub (sub district) area. This adds it as a permitted use. Page 31 separates new construction from existing renovations and additions. Page 3, Chapter 23 -D .03III No lot may be created by subdivision or by joining that which is greater than ninety feet in width? KNOLL: I would like to see clearer language. HOLLIBAUGH: This is to prevent a ranch -look with shallow lots. KEELING: I will match these with the existing pages. Page 32 allows retail uses in the sub areas and adds new construction. Page 36, first section eliminating the duplication of review by choosing the ADLS verses the SDR. Home place miner rewording. Page 37, stricken portion is moved to special DP and ADLS Chapter. Chapter 24 being passed out. This is not a change we now have a purpose and intent. The second section is DP, the third is ADLS and within both are development requirements and supporting information. Taken from the Indian Code, DP and ADLS Sections. The last section in case we want to add more sections the procedures for submission review are at the very end. Under 2499 are Appeal requirements. We will use that for our instruction sheets. Chapter 25, page 39, a germane patch. Doug Haney has had a request on swimming regulations for pool covers. Covers are allowed under the ordinance as a sole means of safety without walls or fencings. Certain pool covers are recognized for their safety if the cover is closed. The main concern is when the pool is not covered. HOLLIBAUGH: The Plan Commission adopted the same ordinance in 1991. The Fire and Safety Commission required them to change it back because it went farther than the State Code allowed. Doug Haney would like us to exceed the State Regulations. KEELING: Chapter 25, page 39, Clarifying language. Page 40, adding a relevant docket number. Page 41, adding the Providence at Old Meridian PUD. All the language from the OMD is in the Sign Ordinance, starting on page 39. Bottom of page 42, legal non conforming signs. This is the language drafted by J. Molitor concerning sign inventory. Currently it says July 1S changing to the respective year. Page 43, changing it the current year and additional language for legal non- conforming signs pertaining to when they lose their legal non conforming status. In the sign charts in the sign ordinance the top corner says distance for the street right -of -way with an asterisk right now we mean the right -of -way in the proposed Thoroughfare Plan this is just adding in writing that it does refer to the Thoroughfare Plan for charts A, B and C. Chapter 26, page 43, height requirements residential districts 1, 2 and 3. We called out those districts to increase the height based on side yard. Chapter 27, no title, it was missing. Chapter 28, changing language from Official District Map to Official Zoning Map. Chapter 29, Administration Improvement Location Permits the language stricken was moved to City Code Chapter 7 Building Code, Page 45, references that chapter. More language drafted by J. Molitor. This Chapter 30, BZA Section. Adds special uses and exceptions of the Hearing Officer and allows a practicing lawyer in the State of Indiana to act as a Hearing Officer. MOLITOR: This process is used currently by the BZA for DP Variance from the Ordinance. This will allow for minor /non controversial Special Uses and Special Exceptions type items to be heard by a Hearing Officer. KEELING: The BZA will be voting to change their ruling to reflect this. RIPMA: I believe the idea of an outside attorney coming in to review a project could compromise the project if there is history with that project or petitioner. BLACKMAN: Under the Government Ethical Rule attorneys could not be prejudice. HOLLIBAUGH: A BZA member could easily reject a vote by the Hearing Office if prejudice was suspect. KEELING: We would like to Notice this again before it goes to the next Commission meeting. WESTERMIER: Can you set this up for us with color draft marks? KEELING: Yes. KNOLL: Is there a motion on this? I move to send it back to the full Plan Commission. Motion to send to full Plan Commission... Docket 150 -02 -13, OA, Patch IV with a favorable recommendation. RIPMAN: Second. Motion carried; five (5) in favor, zero opposed (0). The meeting adjourned at 8:45 PM. Stephanie Blackman, Chairperson Pamela A. Babbitt, Subdiv. Secretary