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HomeMy WebLinkAboutMinutes PC 02-18-03IUU °F C =y oi�� C ity of CARMEL /CLAY PLAN COMMISSION February 18, 2003 MINUTES The regularly scheduled meeting of the Carmel /Clay Plan Commission met in the Council Chambers of City Hall at 7:00 PM on February 18, 2003, immediately following a meeting of the Executive Committee at 6:30 PM in the Caucus Rooms to discuss amendments to the Rules of Procedure. Members present: Marilyn Anderson; Stephanie Blackman; Jerry Chomanczuk; Dave Cremeans; Dan Dutcher; Wayne Haney; Ron Houck; Nick Kestner; Dianna Knoll; Pat Rice; Paul Spranger; Wayne Wilson, thereby establishing a quorum. The minutes of the January 2003 meeting were approved as submitted. Members of the Department of Community Service present: Mike Hollibaugh, Director; Jon Dobosiewicz, Laurence Lillig. Also in attendance was John Molitor, Legal Counsel. F. Legal Counsel Report, John Molitor. There is no further up -date on the litigation with Leeper Electric, although there is a hearing next month on the Leeper Motion to Correct Errors on the outcome of the trial. There are currently three pieces of legislation at the General Assembly. One is a small Bill to up -date the process that affects the review of the Board of Zoning Appeals and subdivision decisions. This is a fairly simple Bill introduced by Senator Murray Clark that merely clarifies the timing within which an appeal must be filed and who must receive notice of those filings—it also clarifies that neighbors, if they are remonstrators, are not required to be named as defendants. Senate Bill 109 mandates that all communities pass zoning regulations that allow "ham" radio towers to be 75 feet tall or higher, and would nullify our Ordinance to the extent that it disallows a lower height. This Bill is pending final passage in the Senate. Anyone opposing this Bill should contact his State Senator. Finally, the Constitutional Amendment on special and local legislation is being watched carefully. It does not appear that this ruling would affect the Plan Commission or Board of Zoning Appeals. G. Reports, Announcements, Department Concerns. Jon Dobosiewicz announced that the date for the April first Committee Meetings has been changed to April 3 (Thursday.) In addition, both Committees have a Special Meeting on February 25 S:\PlanConmiission\Minutes\PlanCoumlissionMinutes\2003feb H. Pnhlic Hearings Note: Items lh and 2h were heard together. lh. Docket No. 01 -03 DP /ADLS; West Carmel Center, Block B The Goddard School The applicant seeks approval to construct a day care preschool. The site is located on the east side of Commerce Drive just north of Carwinion Way. The site is zoned B -5 (Business) and is subject to the Michigan Road Corridor Overlay Zone requirements by commitment. Filed by James Peck of Civil Designs, LLP for The Goddard School. 2h. Docket No. 04 -03 CA; West Carmel Center, Block B The Goddard School (Commitment Amendment) The applicant seeks Commitment Amendment approval to allow a day care preschool use on the subject real estate. The site is located on the east side of Commerce Drive just north of Carwinion Way. The site is zoned B -5 (Business) and is subject to the Michigan Road Corridor Overlay Zone requirements by commitment. Filed by James Peck of Civil Designs, LLP for The Goddard School. Jim Peck of Civil Designs, 2415, Directors Row, Suite E, Indianapolis, 46241 appeared before the Commission representing the applicant. Also in attendance: Doug McLeod of Aspen Gold, developer of the Goddard School; Russ Wurster, representing the current property owner. The proposal is for the construction of a day care and preschool for The Goddard School, a national franchise, from infant to kindergarten. The proposed facility will be staffed by teachers licensed in early childhood development. The building is approximately 8,000 square feet situated on a portion of Block. The greenspace depicted is occupied by the Panhandle Eastern Pipeline Easement, and there is no outstanding issue with Panhandle Eastern. The playground area and equipment surrounds the building with a wooden fence around the facility. The plan provides 29 parking spaces, and the building is being kept as close to Commerce Drive as possible so as not to disturb the ground to the rear adjacent to the neighborhood. There were two concerns from the adjacent neighborhood group. One was a buffer area that is planned for sod and will be maintained as lawn area. The other concern is traffic cutting through "knock -down barricades" for fire emergency access. This is in the Hamilton County Highway right -of -way and Panhandle Eastern. Goddard School will work with the Highway and Panhandle Eastern to resolve this issue. The building will be split -face block with brick, and an ornate roof with dormers. A similar building is currently in existence in Zionsville. Members of the public were invited to speak in favor or opposition to the petitions; no one appeared and the public hearing was closed. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 2 Jon Dobosiewicz reported for the Department of Community Services. The two applications have been filed for action for the Plan Commission, one for the design and layout of the site, the other is for Commitment Amendment. The property is currently encumbered by a commitment that would only allow general office and professional office in the area zoned B -5 (everything in the West Carmel Center area that is east of Commerce Drive.) The Commitment Amendment would allow the pre- school or kindergarten use of the property. In addition, the commitment will be further amended to include a waiver from requirement for the lot to be a 3 -acre plat. The language within the 421 Overlay requires a minimum of 3 -acre size for a Development Plan to be filed. This filing, and the next on the Agenda would allow these projects to be reviewed independently, and not follow the 3 -acre minimum standard. The Department is in support of that particular requirement. In addition to the Plan Commission's action on this item, the petitioner has filed a variance request for reduced number of parking spaces. The petitioner will need to file a variance request for the logo on the sign. The Department is recommending the size be reduced to less than 3 square feet and allow it to be reviewed under the ADLS procedure. The petitioner has indicated their intention to file and seek a variance approval. The other approval required is for a Special Use from the Board of Zoning Appeals. The site plan identifies a 4 -foot tall wooden fence; the Department is recommending that a 6 -foot fence be installed as it abuts the residential property to the east. The Department is also requesting a copy of the written commitment amendment for review by the Commission on or before the Committee meeting. Ron Houck requested that more detail be provided in terms of location and types of lighting fixtures. Alternatives to wall packs are encouraged. Marilyn Anderson referred to previous issues raised at certain intersections. 106 and Shelbourne was specifically mentioned as not needing improvements at that time, and Carwinion was subsequently closed off. Carwinion is closed and 106 and Shelbourne has not been improved. This means that anyone that lives in Ashbrook will travel out Shelbourne, up to 106 and back around to drop their children off at this daycare. We are adding a significant volume of traffic to 106 and Shelbourne during rush hours —this is the wrong thing to do. To purposely approve something that primes traffic during rush hours and at unimproved intersection is wrong. Ron Houck questioned if commitments made for intersection improvements were still in force. Marilyn Anderson said it was stated in the minutes, but not specific written commitments. Jon Dobosiewicz said there was no bonding for roadway improvements, and there is no latitude to invoke improvements at this time. Paul Spranger commented that since this is a pre school environment, the Committee is encouraged to look at appropriate berming that could be done between the actual building and the pipeline for possible safety. S:\PlanComn-iission\Minutes\PlanCommissionMinutes\2003feb Nick Kestner commented he would like to see the multi -use path shown on the plans. Docket Nos. 01 -03 DP /ADLS, West Carmel Center, Block B —The Goddard School, and 04 -03 CA, West Carmel Center, Block B —The Goddard School (Commitment Amendment) were referred to the Special Study Committee for further review on March 4, 2003 at 7:00 PM in the Caucus Rooms of City Hall. Note: Items 3h and 4h were heard together. 3h. Docket No. 02 -03 DP /ADLS; West Carmel Center, Block B Unique The Specialty Group The applicant seeks approval to construct an office building. The site is located on the east side of Commerce Drive just north of Carwinion Way. The site is zoned B -5 (Business) and is subject to the Michigan Road Corridor Overlay Zone requirements by commitment. Filed by Paul G. Reis of Drewry Simmons Pitts Vornehm, LLP for Unique The Specialty Group, Inc. 4h. Docket No. 03 -03 CA; West Carmel Center, Block B Unique The Specialty Group (Commitment Amendment) The applicant seeks approval to reduce the required tract size for Development Plan consideration. The site is located on the east side of Commerce Drive just north of Carwinion Way. The site is zoned B -5 (Business) and is subject to the Michigan Road Corridor Overlay Zone requirements by commitment. Filed by Paul G. Reis of Drewry Simmons Pitts Vornehm, LLP for Unique The Specialty Group, Inc. Paul Reis, 5013 Buckeye Court, Carmel, attorney with Drewry Simmons Pitts Vornehm appeared before the Commission representing the applicant. Also in attendance: Jenny Flora and Pete deFazio, co- owners of Unique; Rusty Skoog of Falcon Engineering; and Ken Sebree of Sebree Architects. Unique is a Human Resources company that has been in business for 33 years. The company provides executive recruitment services in the areas of Medical, Engineering, Legal, Information Technology, and Research. Additionally, this company provides counseling and assistance services to displaced workers, either from downsizing or layoffs. Unique is proposing to construct a new headquarters building to facilitate its relocation from Marion County to the Carmel /Clay Township community. This site is part of the West Carmel Center commercial subdivision, bounded on the north by another set of Panhandle Eastern Pipelines, residentially zoned land to the east, the Swiss Group commercial to the north, and retail commercial to the west. The ADLS application and Development Plan proposal is for a one -story office building to be located in the eastern-most portion of the site. Unique is contemplating the construction of a second S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 4 building on the western portion of the site in the future, and when and if that occurs, it will again be brought before the Commission for review. This will be an owner /occupied building and Unique has endeavored to preserve as much of the existing trees and vegetation as possible on the site. Additionally, Unique is proposing extensive plantings around the buildings to screen it from the residential areas to the east and to provide an aesthetically pleasing atmosphere for the building itself on the site. This plan does conform to the landscaping and development standards of the B -5 and US Highway 421, Michigan Road Overlay Zone. The building materials are brick with complementary shingles and clay -color trim. A color palette was displayed as well as building elevations. One ground sign is proposed to be located at the entrance, off of Commerce Drive. The same materials used in the office building will be used in the construction of the ground sign. The sign will be just to the south of the entryway, with landscaping surrounding the sign. The illumination for the sign will be up- lighted from the base. Additionally, a photometric plan has been filed with the Department of Community Services showing the illumination levels at the property to be less than point one foot candle opposite the residential areas. In fact, it is less than point one foot candle, even to the west as well. As reviewed by Jon Dobosiewicz, there were zoning commitments made at the time of rezoning, one of which required that this property comply with the ADLS Development Plan review process of the Overlay Zone as well as the Development Standards. The Ordinance requires minimum lot size of three acres and this parcel is being independent of the remaining parcel in Block B, the proposed side of the Goddard School. Hence, an amended and re- stated commitment has been prepared for this particular parcel to allow it to be developed in accordance with the overlay zone of less than 3 acres in size—it is actually 2.564 acres. All of the other zoning commitments made relevant to this particular property would remain in full force and effect and would not be modified by these proposed commitments. Members of the public were invited to speak in favor or opposition to the petitions presented; no one appeared and the public hearing was closed. Jon Dobosiewicz reported that no items were found in the petition that would require additional discussion or consideration. If there are no issues, the Department recommends the Plan Commission consider waiving its Rules of Procedure and adopting this petition this evening. Nick Kestner said he would like to see a multi -use path on the plans; also the location of a dumpster and mechanical equipment need to show on the plans. Marilyn Anderson said she would like to see more variety around all four sides of the building rather than just yews. Otherwise, there seemed to be a good variety. Ron Houck commented it was not clear as to the types of lighting fixtures being used as well as the height of the poles for pole mounted fixtures. The Committee might explore what future S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 5 consideration is being given to the potential second building in terms of architectural design, lighting in combination with the parking areas. Marilyn Anderson said it might be good to get some sort of commitment regarding coordination of architectural style to make sure there are not two, discreetly different looking buildings on a small parcel. Paul Reis responded that there is a path, but it did not show on the landscape path. The path is 10 feet and will run the length of the project and is in the full size plans submitted to the Department. Paul Reis pin pointed the location of the screened, mechanical equipment; the brick enclosed dumpster was also located. The lighting location is on the photometric plan and will be put on the site plan. In response to further questions from Ron Houck, Paul Reis said the design of the second building and parking, dumpster, lighting, etc. will be integrated because it will be owned by the same people. It is intended to be a coordinated site. Docket No. 02 -03 DP /ADLS, West Carmel Center, Block B Unique, The Specialty Group, and Docket No. 03 -03 CA, West Carmel Center, Block B Unique, The Specialty Group (Commitment Amendment) were sent to the Special Study Committee for further review on March 4, 2003 at 7:00 PM in the Caucus Rooms of City Hall. 5h. Docket No. 05 -03 DP /ADLS; Old Meridian Professional Building The applicant seeks approval to construct an office building. The site is located at the southwest corner of Old Meridian Street and Pennsylvania Street. The site is zoned B -6 /Business within the US 31 Overlay Zone. Filed by James K. Wheeler of Coots, Henke Wheeler for John N. Kirk and Lowell Thomas Kirk. 1.: 1 6h. Docket No. 10 -03 DP /ADLS; Hazel Dell Corner, Lot 1 The Overlook The petitioner seeks Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage approval to construct a multi tenant commercial building. The site is located at the northwest corner of Hazel Dell Parkway and East 131 Street. The site is zoned B -3 /Business. Filed by Charles D. Frankenberger of Nelson Frankenberger for GB Hazel Dell Property, LLC. Charles Frankenberger, 5212 Carrington Circle, attorney with Nelson Frankenberger appeared before the Commission representing the applicant. Tom Crowley was present on behalf of Gershman Brown, one of the owners. Gershman Brown is the owner of the real estate commonly known as Lot 1 in Hazel Dell Commercial Park, located on the northwest corner of 131 Street and Hazel Dell Parkway. To the south, on the south -side of 131 Street is the Northview Christian Life Church. To the north is a S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 6 building occupied by a veterinary clinic and Goodfellas Restaurant. Farther northwest are two additional buildings, the occupants of which include the St. Vincent's immediate care center and a children's learning center. The real estate is zoned B -3 and ADLS /DP approval is required. The site plan has been revised in that the entire southern, eastern, and northern perimeter will be wrapped with a hedgerow rather than a fence. A revised drawing showing the continuation of the hedgerow will be submitted; the hedgerow should more effectively screen the parking. The site plan also shows the multi -muse path along the south on 131 Street and east along Hazel Dell Parkway. There is also an aesthetic enhancement with stamped concrete. The dumpster will be full screened as well as the mechanical equipment. The site plan necessitates a Developmental Standards Variance from the BZA and the petitioner has made formal application to the effect. The variance would permit an encroach into the 30 foot buffer existing on the south side of the real estate across the street from the Northview Christian Life Church. As indicated in the Department Report, the requested variance is identical to the expired variance previously approved for a prior occupant. Regarding elevations, there will be one up -scale building, the primary building materials will be brick, EFIS, and limestone. The building will be an under stated, residential appearing, one story building with a sloped roof. Regarding signage, the maximum height will be two feet, each letter will be fabricated with pre finished, black aluminum frames, logos will be limited to a total of three (3) square feet, letter faces will be internally illuminated acrylic lenses, and limited to the colors shown on the exhibit. All lighting will be in compliance with applicable requirements. There are two kinds of lighting one is an antique, pole mounted, lumenare, and the other is a gooseneck, wall mounted, lumenare, both of which are illustrated on the photo metric chart. Finally, there will be outdoor seating with "sunbrella" tables and chairs. Members of the public were invited to speak in favor or opposition to these petitions; no one appeared and the public hearing was closed. Jon Dobosiewicz reported for the Department. The Exhibit depicting the signage indicates a variety of options as far as color on the individual tenant signs. This should definitely be discussed at the Committee level. Also, the other building within the Center carries a restriction or requirement that tenant faces be white. Wayne Wilson asked that the minutes reflecting previous approval for Osco for this particular lot be furnished to all of the Committee members. The petitioner should come to the Committee prepared to address some of the history. Dave Cremeans encouraged the petitioner to look at the white sign faces approved on the adjacent properties. The color palette is very full and should be limited. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 7 Pat Rice commented that the design pictures are pretty "sketchy" and do not show a lot of definition, materials and design. The residential appearance of the building should be a prime concern. The outdoor seating is also a concern. Ron Houck said he shared Pat Rice's concern with the outdoor seating area and where the furniture is to be located. Also, the petitioner needs to clarify the fence and the dumpster location as to how it will look. More detail needs to be provided on the wall- mounted fixtures as well. Paul Spranger commented that the signs will be in a very sensitive, residential area. The signs should not only be white in terms of face, but the level of illumination should be guided by good taste and mitigated to the greatest degree possible. Docket No. 10 -03 DP /ADLS, Hazel Dell Corner, Lot 1, The Overlook was referred to the Special Study Committee for further review on March 4, 2003 at 7:00 PM in the Caucus Rooms of City Hall. L Old Business Ii. Docket No. 165 -02 PV; Carmel High School Campus (Plat Vacation) The applicant seeks to vacate a portion Carmelwood Subdivision in order to modify the Carmel High School Campus. The site is zoned R -2 (Residential). Filed by Allen J. Cradler, AIA of Fanning /Howey Associates for Carmel Clay Schools. Chuck Tyler of Fanning /Howey Associates, 9225 North River Road, Indianapolis appeared before the Commission representing the applicant. A resolution has been reached regarding the expansion /addition of the Freshmen center on the Carmel High School Campus, and that is the disposition of two of the properties previously identified as NOT being purchased by the School Corporation. The School Corporation WILL purchase the Marshall Andish property at 120 Sylvan Lane. The Weigels have no interest in selling their home, but they do have an interest in seeing that the Andish property remains a residential property. The School Corporation is agreeable; the grade drops significantly in this part of the property. It is the School's intent to either re -sell the property at a later date or to rent the property, and this is agreeable to the Weigels. At the Committee meeting, there was additional discussion regarding traffic circulation and parking issues. These items continue to be worked on and it is hoped that supplemental information will be available to the BZA next Monday evening. Jon Dobosiewicz reported for the Department. The issues discussed at the Committee level included a recommendation by the Department that the petitioner provide for review by the BZA at the time the Special Use is reviewed and exhibits presented showing parking areas and delineating their designations for restrictions regarding staff and /or public and student parking. The petition S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 8 has been forwarded to the Commission with a 5 -0 favorable recommendation, consistent with the discussion presented by the petitioner. Dave Cremeans reported for the Committee. There was a 5:00 PM letter received the day of the full Commission meeting and it did not agree with anything the Committee had agreed to earlier. That said, the petitioner did re -work their portion and has agreed to purchase the Andish property and it will stay as a rental, residential, and act as a buffer to the next property. The second biggest concern was the traffic around the high school. Comments from the Committee were re- stated by Paul Spranger for the benefit of the pubic. One of the issues raised with the School was currently inadequate parking. Adding a freshmen center and approximately 150 more cars for staff further congests the area. The Ordinance actually calls for parking to be within 300 feet of the building. The Committee had asked that the architect for the school corporation again look at the parking issues and bring the parking requirements nearer to the requirements of the Ordinance or the additional 1,000 student freshmen center. The other issue was the circulation road on the west -side of the school that will be re- designed. In the design is a curve adjacent to the drop -off point for the freshmen center. Perpendicular parking on the inside of the curve is proposed and that is not a good design from the safety standpoint. Cars will be backing up into a lane of traffic and across from this parking will be the cue line for the pick -up point for parents. This is the time to address the parking situation. Wayne Wilson commented that currently before the Council is legislation to declare Main Street, a city street, a bus loading zone from 3:00 PM to 3:20 PM each day. This proposal is because the school has overgrown their parking lot and the buses can no longer access the parking areas to load the kids because of parents entering the area to pick up their children. We are not going in the right direction! And now, we are talking about adding more traffic with the freshmen center. We don't want to see a city street become a bus loading /unloading zone. Ron Houck said it was not clear how the time course for the approval of the petition versus the resolution of parking issues would be handled. Mr. Tyler of Fanning Howey understood that this was to be a part of the presentation to the Board of Zoning Appeals. The purpose of going before the BZA is for a Special Use Amendment. Jon Dobosiewicz said that from a technical standpoint, the petitioner has met the Ordinance requirements for parking. Recommendations and suggestions have been made by the Committee and Plan Commission members —the Department is recommending the petitioner address the situation a bit more comprehensively. The BZA needs to have adequate information to base their decision regarding each parking area —how it is designated and used on the site whether it is for public or staff. The issue at hand and in front of the Plan Commission is review of the Plat Vacation. Nick Kestner asked what the net gain is on the parking lot. Mr. Tyler responded the net gain on the original proposal was 17 spaces. The BZA should see a significant improvement upon that number next week. However, the School is hoping for a range of 100 to 200 spaces. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 9 Marilyn Anderson commented that the Committee had wrestled with all of those issues. In the matter of the plat vacation, it helped to know there was a BZA member on the Committee hearing all of the issues and it was quite clear that the Committee wanted those issues addressed as fully as possible. The Committee ended feeling comfortable when the houses on the south side were addressed —the parking is a BZA issue. Marilyn Anderson moved for the approval of Docket No. 165 -02 PV, Carmel High School Campus, Plat Vacation, seconded by Dave Cremeans. Marilyn Anderson then amended her motion for approval of Docket No. 165 -02 PV, Carmel High School Campus, Plat Vacation, to include the following conditions. 1) The existing public right of -way will be submitted to the Carmel City Council for vacation approval, and public right -of -way, public street, and emergency access easement will be dedicated to the Board of Public Works to reconnect Sylvan Lane to Audubon Drive. 2) It is in the public's interest to vacate the requested parcel for expansion of the public school professional landscape buffer space, and the elimination of traffic concerns in the adjacent neighborhood. 3) The Carmel Clay School Corporation will purchase the residential property at 120 Sylvan Lane and retain the existing house on the property as a residential property. The house will remain to provide an additional buffer between the school property and the remaining private property on the south side of Sylvan Lane. Dave Cremeans amended his second. APPROVED with conditions as stated 13 -0. 2i. Docket No. 182 -02 PP; Village of Mount Carmel, Section 10 (Primary Plat) The applicant is proposing a 5 -lot subdivision. The site is located at the southwest corner of 146 Street and Village Drive. The site is zoned S -2 /Residence. The petitioner also seeks approval of the following Subdivision Waivers: 182 -02a SW SCO 6.3.4 continuation of platted street Filed by Chuck Wright of the Elliot Wright Group, LLC. Chuck Wright, 14349 Colby Court, Carmel, with Elliot Wright Group appeared before the Commission representing the applicant. The petitioner is seeking Primary Plat approval for Section 10 of the Village of Mount Carmel, located on the southwest corner of 146 Street and Village Drive North. The site contains the old yellow barn and is commonly known as the Wilfong property. The Subdivision Committee voted unanimously to approve this petition and the petitioner is requesting approval at this time. Jon Dobosiewicz noted that there is one Subdivision Waiver filed along with the Primary Plat request. Both items came out of the Subdivision Committee with a 5 -0 favorable recommendation. Dave Cremeans concurred with Mr. Wright's reported action of the Committee. The Waiver and the Primary Plat request were returned with a favorable recommendation. Dave Cremeans moved for the approval of Docket No. 182 -02 PP, Village of Mount Carmel, Section 10, Primary Plat, and the Subdivision Waiver No. 182- 02aSW, SCO 6.3.4. The motion was seconded by Marilyn Anderson and APPROVED 13 -0. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 10 3i. Docket No. 183 -02 PP; Wexley Chase (Primary Plat) The applicant seeks approval of a Primary Plat for a 40 -lot residential subdivision on 29.974± acres. The site is located on the north side of West 126 Street, 1 /2 mile west of Towne Road. The site is zoned S -1 /Residence Estate. The petitioner also seeks approval of the following Subdivision Waivers for one street: 183 -02a SW SCO 6.3.6 reduced pavement width 183 -02b SW SCO 6.3.6 reduced right -of -way width 183 -02c SW SCO 6.3.7 exceed maximum cul -de -sac length of 600' 183 -02d SW SCO 6.3.15 reduce street centerline curvature 183 -02e SW SCO 8.9.1 elimination of sidewalk (part) Filed by David Warshauer for GWZ -2 Development, LLC. Note: Stephanie Blackman was recused from discussion and voting. Dave Warshauer, attorney with offices at 11 South Meridian Street, Indianapolis, appeared before the Commission representing the petitioner. Also in attendance were Mark Zuckerman and Glenda Garrison of GWZ. Primary Plat yproval is being requested for a 40 -lot subdivision to be known Wexley Chase, located on 126 Street between Towne and Shelbourne Roads, across from the new Carmel Middle School Campus. The Subdivision is being developed under the Residential Open Space Ordinance. As indicated, 5 subdivision waivers are being requested relating to Kilkenny Circle, a cul -de -sac. The east boundary of the property is bordered by a legal drain, on the other side of which is the Village of WestClay, and there is no access to the east. To get away from the standard, cul -de -sac design, a landscaped island is proposed at the center of the cul -de -sac that will provide all of the lots with both front and rear yard views of open space. In order to accomplish this, subdivision waivers are needed to reduce the width and right -of -way around the "bowl," reduce the center line curvature, and eliminate the need for sidewalks and to increase the length of the cul -de -sac. One of the questions that came up at Subdivision Committee was lighting. There is no common, subdivision lighting currently being planned. The covenants and restrictions provide for dawn -to- dusk carriage lights on each of the homes. There may be some small landscaping lighting at the entrance. If common lighting is installed, the petitioner agrees to the installation of down lighting, in order to eliminate glare into the night sky. No White Pines are included in the landscape plan. A second crosswalk from the path system will be installed and a crosswalk from the 10 -foot asphalt path on 126 Street will connect with the school's path immediately west to the Wexley Chase entrance; two crosswalks will be provided by the petitioner. Lastly, the common area will be available to all of the owners within the subdivision as will the pathway system —there are no restrictions. The Committee gave a unanimous favorable recommendation to the full Commission. Jon Dobosiewicz recommended that the Subdivision Waivers be acted upon as one package. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 11 Dave Cremeans confirmed the action of the Subdivision Committee as a favorable recommendation. The plan is good for this particular parcel and the pathways to the school are a wonderful addition. The white pines have been eliminated, per the Committee's recommendation. Nick Kestner asked about the location of sidewalks. David Warshauer confirmed that sidewalks will be installed on both sides of interior streets, except for the area around the circle. Dave Cremeans moved for approval of Docket No. 183 -02 PP, Wexley Chase Primary Plat, including Subdivision Waivers 183 -02a SW to and including 183 -02e SW. The motion was seconded by Marilyn Anderson and approved 11 in favor, 0 opposed, Blackman recused, Rice absent for the vote. 4i. Docket No. 185 -02 DP Amend/ADLS; West Carmel Center, Block D, Lot 3 Applebee's Neighborhood Bar Grill The applicant seeks amended development plan and ADLS approval to construct a restaurant. The site is generally located at the northeast corner of Michigan Road and Commerce Drive. The site is zoned B -3 and is located within the US 421 Overlay Zone. Filed by Troy Terew of Lewis Engineering for Apple Indiana I, LLC. Troy Terew of Lewis Engineering, 3315 East Main Street, Plainfield, Indiana appeared before the Commission representing the applicant. Also in attendance was Vaughn Martin, Nashville, Indiana of Apple of Indiana. Applebee's Neighborhood Bar Grill will be located in Block D, Lot 3 in the West Carmel Center, in front of the Target Store, and north of the Fifth Third Bank currently under construction. The petitioner appeared before the Special Study Committee for review earlier his month and received a 6 -0 favorable recommendation with conditions. Those conditions were as follows: 1) The awnings are to be a single color —not striped; 2) The photometric lighting plan is to be revised downward from point six; 3) The letter size within the sign area will be reduced and "Neighborhood Bar Grill" will be spaced closer together; 4) The words "Neighborhood Bar Grill" will be removed from the ground sign, the brick on the ground sign will match the brick on the building and the Street Address will appear on the ground sign; 5) A 6 foot sidewalk will connect to the multi -use path on 421 and the petitioner agreed to consider installing a bike rack; and 6) The window treatment will be revised to provide for large mullions or double hung windows. Jon Dobosiewicz said revisions were not submitted to the Department in regard to the color of the awnings; the window revisions; and the sign elevations. The Exhibits presented at the time the Special Study Committee met were not consistent, specifically with neon banding on the sign. The applicant has made no effort to meet with the Department and provide information consistent with the conditions of the Committee. Regarding signage: The site has a single frontage on US 421 that would permit the petitioner a S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 12 single sign. The Department has been consistent in its recommendations to the BZA that the Ordinance should be more closely adhered as opposed to varying from it and offering additional signage to petitioners. This site has a single frontage and the Department recommends that a single sign be adhered to. However, that does not prevent an opportunity for the petitioner to request additional signs from the BZA. The petitioner initially filed application for 5 signs, this has been revised downward to 3, however, the petition filed with the Department has not been amended. The main issue now is for the Department it to prepare and have an adequate record for approval that the Plan Commission is prepared to offer. Based upon comments offered earlier, it does not appear that there is an adequate record in place to reflect approval at this time. Dianna Knoll reported the findings of the Special Study Committee. The petitioner was willing to compromise and work through items discussed. It does not sound as if the petitioner followed through with the Department. Vaugh Martin of Applebee's said that agreement had been reached at Committee with all of the issues and they had received the written comments. The signage renderings and proposed elevations were brought to present to the Commission this evening. Nick Kestner suggested the petitioner contact INDOT and they will be able to connect easily. Marilyn Anderson asked about sign standards and how the signage was adjusted downward to 3 signs from the initially proposed 5. Jon Dobosiewicz stated that the ultimate arbiter regarding the number of signs is the Board of Zoning Appeals and the Committee's review of the signs presented was ADLS review for aesthetics. After further discussion, it was determined that the most expedient course to pursue was to return the ADLS portion of Docket No. 185 -02 DP Amend /ADLS to the Special Study Committee for final ADLS review and approval on March 4, 2003 and proceed with the DP portion. Ron Houck moved for approval of Docket No. 185 -02 DP Amend, West Carmel Center, Block D, Lot 3, Applebee's Neighborhood Bar Grill. The motion was seconded by Wayne Wilson and Approved 12 in favor, none opposed, Pat Rice absent at the time of vote. Dianna Knoll moved for the suspension of the Rules of Procedure in order to return the ADLS portion of this Docket to the Special Study Committee for final action; seconded by Dave Cremeans. The motion was Approved 12 in favor, none opposed, Pat Rice absent at the time of vote. Ron Houck moved to return the ADLS portion of Docket No. 185 -02 Applebee's to the Special Study Committee, subject to receiving informational materials 7 days prior to the Committee meeting of March 4, 2003; seconded by Dianna Knoll. The motion was Approved 12 in favor, none opposed, Pat Rice absent at the time of vote. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 13 5i. Docket No. 187 -02 DP Amend /ADLS; Carmel Science Technology Park, Block 12, Lot 5 Linc Systems The applicant seeks Development Plan and ADLS Amendment approval to constrict a building addition. The site is located at 1402 Chase Ct. The site is zoned M- 3/Manufacturing. Filed by Adam Dehart of Keeler Webb Associates for KAT, LLC. Adam Dehart, project manager with Keeler Webb Associates, 486 Gradle Drive, Carmel appeared before the Commission representing KAT, managing and ownership company for Linc Systems. The petitioner appeared before the Special Study Committee and addressed all concerns. The information is essentially unchanged, and the Committee recommended approval to the Commission. Jon Dobosiewicz reported that the Department's recommendation on this item has not changed and that is for approval of the DP Amendment as well as the ADLS amendment for this item. Dianna Knoll reported for the Committee that this item had gone very smoothly and was recommended 6 -0 for approval. Ron Houck moved for approval of Docket No. 187 -02 DP Amend /ADLS, Carmel Science Technology Park, Block 12, Lot 5 Linc Systems; seconded by Dianna Knoll. This motion was approved 12 in favor, none opposed, Pat Rice absent at the time of vote. 6i. Docket No. 188 -02 DP /ADLS; Dixie Hi -Way Addition, Lot 8 Glenwood LLC The petitioner seeks to convert an existing residence into an office building. The site is located at 10820 North College Avenue. The site is zoned B- 1/Business within the Home Place District Overlay Zone. Filed by Leonard Voight. The petitioner was not present at the time this Docket was called. Dianna Knoll reported for the Committee that there were issues with landscaping and the petitioner was willing to make concession in that regard. Jon Dobosiewicz referred to discussion at the Committee level that the plan submitted was not specific and the committee had requested an expanded site plan for plantings around the elevation of the building and closer to the street. In addition, the BZA is reviewing a request on landscaping, so this matter will be reviewed "twice." It is reasonable that the petitioner provide that documentation to the Department as a condition of approval. Ron Houck moved for approval of Docket No. 188 -02 DP /ADLS, Dixie Hi -Way Addition, Lot 8 Glenwood LLC, conditioned upon the applicant providing landscape detail as agreed at the Special Study Committee; seconded by Dan Dutcher. The motion was approved 11 in favor, none opposed, Pat Rice and Marilyn Anderson absent at the time of vote. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 14 i 1j. Docket No. 163 -02 ADLS Tom Wood Volkswagen Signage Petitioner seeks Architectural Design, Lighting, Landscaping Signage approval to establish signage for a automobile dealership. The site is located at 3300 East 96th Street. The site is zoned B -3 (Business). Filed by Kevin Phillips of Freeman Sign Company. Note: Stephanie Blackman recused from discussion and vote. Tom Engle, attorney, 11 South Meridian Street, Indianapolis, appeared before the Commission representing the applicant. The proposed sign is for an automobile dealership located at 4610 East 96 Street. The dealership received Special Use approval from the BZA in 2001, however, at that time, the sign package was not introduced. The Ordinance has been amended such that an automobile dealership is no longer a Special Use; it is a permitted use in the B -3 District and subject to ADLS review and approval. The petitioner is proposing a total of four signs, however, a variance only applies to two of those signs. The first sign is a non illuminated ground sign, less than three feet high and exempt from the sign ordinance; therefore, it does not count as one of the signs. The second sign will be located on the east frontage that faces the private drive perpendicular to 96 Street. This second sign is the "Service" sign, black channel letters, non illuminated, under three square feet and therefore exempt as a counted, permitted sign. The other two signs are the subject of a Variance. The logo is over the entryway and "Tom Wood" to the right—this is an illuminated sign and the blue will be opaque on the back and the blue will not illuminate at night—it will only be blue during the day. The "Tom Wood" identification sign is a brushed aluminum with a slight blue edge at the top and bottom, and the letters are black. The reason for the variance is that the two signs, slightly separate, are on the same facade. The area of these two signs is still substantially less than the overall permitted area if there were a single sign. Jon Dobosiewicz reported that the Department is in favor of the request. The request will require Variance approval from the BZA. The size is under the permitted square footage. This is more a design issue that separates the two signs. If agreeable, the Commission could suspend its Rules of Procedure and allow the Special Study Committee to review the Signage for final approval. Dave Cremeans asked about the Sign Ordinance and the percentage of the logo allowed on a sign. The sign appears as if the square footage of the logo is similar to the balance of the sign. Mr. Engle responded that the logo is 17.72 square feet, 57 inches in diameter. The Tom Wood identification sign is 41.34 square feet, a little more than twice the allowable. Jon Dobosiewicz said the requirement in the Ordinance is that a logo comprise 25% of the sign and it would not prohibit or exclude the ability for someone to propose a single sign such as the one S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 15 being proposed. When text and logo are combined in a sign, the restriction is 25 The request for the variance is for the number of signs (2). Dave Cremeans moved to suspend the Rules of Procedure to allow the Special Study Committee to approve the sign; seconded by Marilyn Anderson. After discussion on the motion, Dave Cremeans withdrew his motion, Marilyn Anderson withdrew her second. Dianna moved to suspend the Rules of Procedure, seconded by Dave Cremeans. Motion Approved. Dianna moved to approve Docket No. 163 -02 ADLS, Tom Wood Volkswagen Signage, seconded by Marilyn Anderson. Approved 11 in favor, Jerry Chomanczuk opposed, Stephanie Blackman recused. 2j. Docket No. 07 -03 ADLS Foster Addition. Lot 3 Windows Siding of Indianapolis, Inc. Petitioner seeks Architectural Design, Exterior Lighting, Landscaping Signage approval to modify an existing site and construct an accessory building. The site is located at 431 South Range Line Road. The site is zoned B -1 /Business. Filed by David Cremeans for A/C LLC Note: Dave Cremeans was recused from discussion and vote. Dave Cremeans of Windows Siding of Indianapolis, 431 South Range Line Road, Carmel appeared before the Commission representing the petitioner. The site consists of point 18 acres on South Range Line Road. The site plan shows the original building that most recently has been a residence. The building was built in 1945, concrete block. The building has been sided with concrete siding as well as the building next door. The weeds that were taller than the building have been removed and the immediate neighbors have been very supportive and complimentary. The proposed accessory building is strictly for storage. The hashmarks on the elevation show the addition; the one that is solid shows the existing building. Actually, the existing building is being added onto using the same rooflines, same siding material (fibre cement product made by Certainteed) in a light gray color. The proposed roofing is a black shingle as well as the existing. The aim is to make the building appear as if it is all connected —all one building. The landscaping will be done by Nature Works, the building immediately to the north, in accordance with the previously approved landscape plan. The signage is within the Ordinance, illuminated from the ground, wood in appearance although it is made of polystyrene. The sign will not deteriorate and weather as wood, and the polystyrene will be long lasting. The lettering on the sign is black and red, the company logo colors, with a white background. There is landscaping around the sign that includes seasonal flowers. S:\P1anCommission\ Minutes \P1anCommissionMinutes \2003feb 16 There are three variances required from the BZA. The existing building is four feet from the property line —the Ordinance requires five feet. The side yard setback will need a variance, and the sign will need a variance for placement on the right -of -way line rather than 5 feet removed otherwise the sign would be at the front door. There will be a new parking lot installed to the rear; the front parking lot will merely be resurfaced. Jon Dobosiewicz reported for the Department. There are very few additional concerns to be addressed by the Commission. As indicated, there are three variance requests. The Nature Works to the north has received relief from the BZA regarding these same considerations. In dealing with existing structures on site and improvements to those structures, before bufferyard guidelines were adopted into the Ordinance, the building would not have been required to be setback —there is a zero setback in B -1. However, with the adoption of buffer standards, 5 feet are required between property lines and the petitioner will be going before the BZA for variances. The Department is recommending this item be forwarded to Special Study Committee for further review. The petitioner should provide the Committee with a cut sheet of the lighting used to illuminate the sign. Dianna Knoll expressed concern with the signage on Rangeline Road that hinders visibility from the cross streets. Ron Houck asked if drainage issues, the gravel drive, landscape and buffer issues had been resolved and the type of lighting for the site. Dave Cremeans responded that all technical issues have been resolved. Rather than a gravel drive, the petitioner is installing curb and asphalt to the rear. The lighting is existing. The only lighting being added is the lighting for the sign at the street. In response to questions from Dan Dutcher, Dave Cremeans said there will be very few supplies stored on site at any one time. Any materials will be brought in through the alley. Marilyn Anderson asked the Committee to explore the phone number on the sign and the elimination of Osage Orange trees on the site. Docket No. 07 -03 ADLS, Foster Addition, Lot 3, Windows Siding of Indianapolis, Inc. was referred to the Special Study Committee for further review on March 4, 2003. There being no further business to come before the Commission, the meeting was adjourned at 9:50 PM. Paul Spranger, President Ramona Hancock, Secretary S:\PlanComn 17