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CARMEL /CLAY PLAN COMMISSION
May 20, 2003
NHNUTES
The regularly scheduled meeting of the Carmel /Clay Plan Commission met at 7:00 PM on May 20,
2003 in the Council Chambers of City Hall, Carmel, Indiana.
Commission members present: Marilyn Anderson; Jerry Chomanczuk; Dave Cremeans; Leo
Dierckman; Dan Dutcher; Wayne Haney; Ron Houck; Nick Kestner; Maureen Pearson; Pat Rice
(late arrival); and Wayne Wilson.
Mike Hollibaugh, Director, and Jon Dobosiewicz attended the meeting on behalf of the Department
of Community Services. John Molitor, Legal Counsel, was also present.
Minutes of the April 15, 2003 meeting were approved as submitted.
John Molitor reported that current legislation recently approved makes some reforms in the process
of judicial review from BZA and Plan Commission decisions on administrative issues. A full report
and discussion will be held at a Plan Commission training seminar.
Jon Dobosiewicz asked that the Agenda be re- ordered after the public hearing on 3h to hear item 5i.
DP /ADLS for Meridian North Medical.
Also, a request has been received from Clarian North Hospital, Docket 30 -03 DP /ADLS, to continue
this item to the June 17 meeting; however, the PUD Rezone request for Clarian will be on the
Committee Agenda for June 3 Item 3i. Indiana Development Training Center is on the Agenda in
error and this item should be removed. A request has been received from the petitioner to return
item 6i. Providence at Old Meridian—Meridian Music to the Special Study Committee for changes
in design. Items 12h. and 13h.for Danbury are being tabled for 30 days to allow the HOA of
Danbury to explore options.
Dave Cremeans moved to re -order the Agenda pursuant to requests on those items reported by the
Department as previously specified. The motion was seconded by Ron Houck, approved 10 -0, and
the Agenda was reordered.
Marilyn Anderson reviewed the Rules of Procedure for Public Hearings for the benefit of the public
in attendance.
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H. Pnhlic Hearinvc
lh. 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.
Jim Wheeler, attorney, Coots, Henke Wheeler, 255 East Carmel Drive, Carmel, appeared before
the Commission representing the applicant. Tom Kirk, property owner; Dave Klauba, landscape
architect; Robert Hineman, architect; and Mike DuBoy, Engineer, were also in attendance.
The property is situated at the southwest corner of Old Meridian and Pennsylvania Streets within the
US 31 Overlay Zone, and zoned B -6. The proposed development is a professional office building.
There will be two entrances to the development, one off Old Meridian and one off Pennsylvania
Street. The building and parking lot are located are far to the south and east as possible in order to
maintain greenspace along Old Meridian and on the north side of the site.
There is a fountain on the north end of the project. The building has a two -story section 7,200
square feet each section, and a one -story section of 2,640 square feet a total of 17,040 square feet.
There is a ground sign proposed facing Old Meridian on the northeast corner of the project. There is
an existing pole sign for "John Kirk Boats," and the petitioner has committed to remove the pole
sign. There is also a dumpster located on the property and a bicycle parking area.
The brick material for the building is Glenn -Gary Aberdeen, the same brick used in Shapiro's. The
roof is flat with a 4 -foot high parapet wall to screen the heating and air conditioning equipment.
There are light tan, pre -cast concrete caps on top of the parapet wall, another light tan, pre -cast
concrete division in the middle of the building, and on the lower portion of the building is a light tan
split -face block. The windows, doors, and overhang are all blue -green aluminum; the light fixtures
are all railroad station -type.
The landscape plan was developed by Dave Klauba's firm and contains Green Ash, Linden, Green
Spruce, Maple, Cherry, and Honey Locust trees interspersed with Crabapple trees.
The parking requirement is 56.8 spaces; 58 parking spaces are being provided. Four parking lot
lights are provided and photo metrics information has been submitted. Full service utilities are
being provided to the site.
Members of the public were invited to speak in favor of or opposition to the petition; no one
appeared and the public hearing was closed.
Jon Dobosiewicz reported for the Department. The petitioner has addressed all Department
concerns. With no remonstrance from the public and Special Study Committee members in
attendance this evening, the Department is recommending favorable consideration at this time,
subject to the four conditions labeled on the Department report. This action would require waiving
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the Rules of Procedure.
Leo Dierckman moved to suspend the Rules of Procedure, seconded by Wayne Wilson. The vote on
Leo Dierckman's motion was 8 in favor, 2 opposed, Kestner Chomanczuk) MOTION DENIED.
Jerry Chomanczuk asked for more discussion on the entire project at the Committee level.
Nick Kestner asked for more review on the architecture.
Docket No. 05 -03 DP /ADLS, Old Meridian Professional Building was referred to the Special Study
Committee for further review on June 3, 2003 at 7:00 PM in the Caucus Rooms of City Hall.
2h. Docket No. 28 -03 PP; Ballantrae Subdivision
The site is located on the south side of West 146 Street 1/4 mile west of Spring
Mill Road. The site is zoned S -1 /Residence Very Low Density.
The petitioner also seeks approval of the following Subdivision Waivers:
183 -02a SW SCO 7.01 reduced open space
183 -02b SW SCO 7.05.07 clearing of woodland areas
183 -02c SW SCO 6.05. 01 50' lot frontage at right -of -way
Filed by Charles D. Frankenberger of Nelson Frankenberger for The Anderson
Corporation.
Charlie Frankenberger, 5212 Carrington Circle, Carmel, attorney with Nelson Frankenberger,
appeared before the Commission representing the applicant. Also present were Jim Anderson
and Darlene Forrenze on behalf of The Anderson Corporation.
The real estate is located on the south side of 146 Street between Spring Mill Road and Ditch
Road. On the north side of the real estate is the Merrimac community; immediately south is the
Ponds West community. The real estate is currently zoned S -1 and could be developed as a
single family subdivision homes of at least 1,000 square feet and density not to exceed 1.3 units
per acre.
The applicant is desirous of establishing a unique, creative, empty- nester, residential community
as full detailed in the informational packets. The plan provides for 9 custom homes on 4.87
acres; existing, quality trees are to be retained and some proposed for planting. Also provided in
the plan are a pond, pocket park, and walking trail.
As indicated in the informational materials, 41% of the real estate will remain open space. The
entry to the development will be framed by masonry columns spanned by wrought -iron fences.
Adjacent to the lake will be a pocket park. Written commitments have been provided assuring
the custom nature of the residences and devotion to tree preservation. The homes will range in
price from $325,000 to 375,000; each residence will feature first floor living with a master suite.
The homes will be of European design as illustrated by the exhibits provided.
Certain waivers are needed to achieve this intimate, residential enclave. These waivers are for
50 feet of frontage on a public right -of -way, clearing of woodland areas, and standard open
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space. As indicated, however, there will be substantial tree preservation for quality trees and the
site will be creatively landscaped with 41% open space.
Two neighborhood meetings have been held with Ponds West and one with Merrimac. The
applicant has agreed with the neighbor to the east to place a white, PVC fence along the eastern
boundary of the real estate.
Members of the public were invited to speak in favor of this petition; no one appeared.
Members of the public were invited to speak in opposition to this petition; the following
appeared:
Kim Reagan, 14529 Quail Point Drive, Ponds West, Carmel. Mr. Reagan stated his property is
the most affected by the proposed development because his property backs up to the site. It may
be an overstatement to say he is opposed, and perhaps concern would be a better word. There
are some things to be considered. The pond and Creek are possibilities for flooding and damage.
The pond could also serve to solve flooding, but this situation deserves consideration. Some of
the land opposite the pond is owned by Mr. Reagan and there is concern that there will be some
encroachment. Mr. Reagan also questioned why the proposal allows for such a large setback
from 146 Street.
Charlie Frankenberger responded that the setback is to allow for dedication of right -of -way to
the County. Other comments and concerns will be addressed at the Committee level.
The public hearing was then closed.
Jon Dobosiewicz reported the recommendation of the Department which is to forward this item
to the Committee. As a point of clarification, Jon said the setback from 146 Street is due to
75/85 foot one -half right -of -way for future roadway improvements to 146 Street. Currently,
those roadway improvements end several hundred feet east of this site and if the County does
propose to extend the improvements west, the right -of -way is to be made available. Other
questions regarding setback and activity within a legal drain are being addressed through design.
The County Surveyor has not opposed this request. The County Drainage Board has expended
the resources to improve the Creek in this area.
Nick Kestner asked if the "eyebrow" design was considered as individual drives or under the city
street system. Charlie Frankenberger responded that whether it is dedicated or common area
maintained by the HOA, the developer was agreeable. The landscaping on the island will be
maintained by the HOA, title to the land will be retained by the HOA or dedicated along with
dedication of right -of -way.
Dave Cremeans asked the petitioner to look at the plan with a view towards mitigating the
amount of concrete. Perhaps the road could somehow be accessed through a common street.
Ron Houck asked if the landscape area were common areas or part of the individual lots. It
looks like a system of drives that service lots 2, 3, and 4. Charlie Frankenberger responded that
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the lots would extend to the edge of the right -of -way that is approximately the edge of the
sidewalk.
Jim Anderson, 16212 Chancellor's Ridge Way, Noblesville of The Anderson Corporation, said
the space referred to by Ron Houck is a tree conservation area and the driveways ended up in
this area. If the drives were extended, they would have been into the tree conservation area. It is
anticipated that the homes will be marketed to people 45 years and older, and the drives will be
shorter and easier to negotiate, thereby saving the trees.
Leo Dierckman commented that the "eyebrows" are a great idea as well as preserving the trees.
Hopefully the Committee can work with this plan.
Docket No. 28 -03 PP, Ballantrae Subdivision was referred to the Subdivision Committee for
further review on June 3, 2003 at 7:00 PM in the Caucus Rooms of City Hall.
3h. Docket No. 48 -03 DP /ADLS; Meridian North Medical (Waivers Only)
The applicant seeks to construct a multi tenant building. The site is located at the
southwest corner of West Smokey Row Road and US 31. The site is zoned B-
5 /Business and is within the US 31 Overlay Zone. The petitioner also seeks
approval of the following Zoning Waivers:
48 -03a ZW ZO 23B.8.3.A(1) minimum building height
48 -03b ZW ZO 23B.7.A minimum 5 -acre area
Filed by Adam Dehart of Keeler -Webb Associates for F. C. C. Development
Corporation.
Adam DeHart, project manager for Keeler -Webb Associates, 486 Gradle Drive, Carmel appeared
before the Commission representing the applicant. Also present were Frank Cosmas, FCC
Development Corp., and Steven Ploppner, attorney representing Platinum Properties, purchaser
of the "Beeson" property.
Adam DeHart explained the waivers being requested on this development. A building height of
38 feet is required within the 31 Overlay. On this particular structure with a hip roof, the height
is calculated at the mid -point of the roofline. Essentially, this proposal is out of compliance
10 There is a grade difference of approximately 7 feet on the building elevation facing US
31. In an effort to give the building mass, dormers have been added on all facades of the
building to make it appear as a three -story building; however, it will be an occupied, two -story
building. The neighboring structure is a single -story facility and the developer has attempted to
match existing brick color, trim color, and overall Georgian -type architecture.
At the time the Beeson parcel came before the Plan Commission for DP /ADLS approval, the
subject site was represented as a second parcel and neither lot was subdivided according to the
Ordinance. The US 31 Overlay requires a 5 -acre tract; essentially, there are two non conforming
lots--one in the size of 3.6odd acres, and the subject site of 2.3 acres. In addition, that created
the necessity for a Primary Plat for a two -lot commercial subdivision.
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Members of the public were invited to speak in favor of the proposal, no one appeared.
Members of the public were invited to speak in opposition to the petition; the following
appeared:
Judy Miller, 13622 Oakridge Road, Carmel, (the corner of 136 Oakridge Road, directly
opposite the proposed development) was opposed to the development because this is a very high
traffic area—dangerous and very congested. There is Creek that runs through this site and
drainage is also a concern. Ms. Miller referred to current discussion of a round -about in this area
and the possibility of a traffic light. Ms. Miller is definitely opposed to this project.
Adam DeHart explained that some of these issues were discussed at the Special Study
Committee meeting. The intersection of Oakridge and 136 Street is under investigation by the
City Engineer's Office to look at the future connection of Illinois Street that would merge into it.
There is no definite design in place at this time, but this area is recognized as an area that needs
improvement. The recent annexation to the City took in this area that was previously under
County jurisdiction. Traffic Studies were performed by A F Engineering in 1996 when Dr.
Beeson developed his site. That study took into consideration Dr. Beeson's facility as it exists
currently and gave two or three options for square footage of buildings and types of uses,
parking requirements, etc. The current proposal fits in with the professional /medical office use
with 50 to 100 parking space —this proposal provides 72 parking spaces. The design has
incorporated features contained in the A F Engineering report.
Regarding the height of the structure, Adam DeHart said the side of the structure that faces Ms.
Miller is on the up -hill and Ms. Miller has the benefit of a smaller silhouette looking to the south
than the people from US 31 looking north. From Ms. Miller property, a two -story building can
be seen that aligns with the Beeson building.
Adam DeHart further explained that today, the property is owned by BP Investments. The
understanding is that this week, there will be a closing on the Beeson property and it will be
owned by Diamond Investments, LLC. The subject site is owned by McCordsville Partners,
LLC. The previous project provided for the ingress /egress easement as shown and a small
accel /decel taper. The subject site is split down the middle of the entrance, and the entrance is
shared by both properties. No new entrance is proposed onto 136 Street and the developer is
setting aside a 60 -foot one -half right -of -way for the construction of Illinois Street. This will be
necessary to allow the City to widen the road and make the road safer. At this time, the City
Engineer does not feel that the subject site contributes to a traffic hazard. A deceleration lane
will be added that will miss the bridge /culvert area, pipelines and fire hydrant. The length of the
taper will be increased to provide vehicles the opportunity to get off the road and onto the taper
before making a turning action.
Regarding the Creek and drainage, except for a very small portion being dedicated to the public,
the Creek lies completely off of the subject site. The open ditch is not under the jurisdiction of
IDNR and no application will be made for construction in a floodway —there is no floodway
associated with the Creek. There is also no legal drain designation through the Hamilton County
Surveyor's Office. The pavement edge of the site will match the existing grade so that the site
will not contribute to any drainage problem.
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Jon Dobosiewicz reported for the Department. The public hearing this evening on 48 -03a ZW
explained that the developer is reducing the building height; this was an issue at the last public
hearing. In addition, the public hearing on waiver 48 -03b ZW regarding the minimum 5 -acre
tract size is being addressed under item 4h., the Subdivision Primary Plat. The ADLS was
discussed at Committee and issues resolved. In principle, the two waiver requests were also
discussed and the Department is requesting that the Commission suspend its rules, take final
action this evening on the two waiver requests, and then take final action on the DP /ADLS that
was forwarded by Committee. Additional comments on item 4h will be offered at the conclusion
of the public hearing.
Ron Houck confirmed that what was outlined at public hearing was discussed at Committee.
One item referenced was still an outstanding item at Committee with the change in ownership of
the Beeson parcel to Diamond Investments. An attorney was present at Committee representing
Beeson—an agreement had not been reached regarding the 5 parking spaces on the north side of
the subject site because it required an easement. Has this issue been resolved?
Adam DeHart responded that the parking issue has been resolved. The 5 parking spaces will be
eliminated as well as the associated easement. The elimination of the 5 spaces will not affect the
overall count—the developer still meets the ordinance. 72 parking spaces are being provided,
the required number is 70 and does not include the 5 spaces in question.
Ron Houck moved to suspend the Rules of Procedure; the motion was seconded by Dave
Cremeans and approved 10 -0.
Ron Houck moved for the approval of the Waivers, 48 -03a ZW and 48 -03b ZW for Meridian
North Medical, seconded by Dave Cremeans. The vote on Ron Houck's motion was 10 in
favor, none opposed, MOTION APPROVED.
See Item 5i. heard at this time.
4h. Docket No. 59 -03 PP; Meridian North Subdivision (Primary Plat)
The applicant seeks approval to plat a 2 -lot commercial subdivision on 8.486
acres. The site is located at the southwest corner of West Smokey Row Road and
US 31. The site is zoned B -5 /Business within the US 31 Overlay Zone.
Filed by Adam Dehart of Keeler -Webb Associates for F. C. C. Development
Corporation.
Adam DeHart of Keeler -Webb Associates appeared before the Commission representing the
applicant. Frank Cosmas was also in attendance.
Adam DeHart said that both properties have now been combined and each parcel is now in
compliance with the Ordinance. The 5 -acre issue has been addressed as well as the 2.3 acre
parcel that was sold off. The plat dedicates 45 feet of right -of -way along lot 2, existing Dr.
Beeson property, and is an increase from an existing 16 '/z foot right -of -way. On lot one,
McCordsville Partners, 45 feet of right -of -way is being dedicated along 136 Street as well as a
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triangular piece for right -of -way along the proposed Illinois Street extension as it intersects
Oakridge Road. An irregular shaped piece is also being dedicated that will allow the City to
work some type of traffic movement across the existing pipeline. As noted before, there is an
existing easement along the entire entrance and in negotiations with the owner, the applicant has
eliminated the easement that would provide access to the 5 parking spaces that have also been
eliminated.
In order to comply with a previous commitment made by Dr. Beeson in 1996, the applicant is
providing access to the west property line that would provide for any new entrance off of Illinois
Street for both properties. Both properties currently have a Meridian Street address and the plat
also includes address boxes for proposed Illinois Street addresses when Illinois Street comes
through. A standing agreement with the City is that when the City constructs a road in this area,
obtains the right -of -way, and installs a curb -cut at the location immediately adjacent to the
easement for access, the City will close off the existing entrance, remove it and incorporate all of
it in the design of the intersection that will be in place in the future.
Members of the public were invited to speak in favor of this petition; no one appeared. Members
of the public were invited to speak in opposition to this petition; the following appeared:
Judy Miller, 13622 Oakridge Road, Carmel, said a 1996 traffic study is way too old —there are
more subdivisions now —and requests that a current traffic study be done. There is a very
dangerous intersection at O'Malia's and US 31 and at Oakridge and 136 The proposed
development will make matters much worse because of the traffic. Ms. Miller is opposed
mainly because of the traffic situation.
Adam DeHart responded that this developer is basically being asked by the City to give right -of-
way for this project. Three different parcels of land on the subject site totaling three tenths of an
acre and six tenths of an acre from the Beeson site are being given to the City for right -of -way
width to ensure the safety of the road. Also, ingress and egress to the site has been made as safe
as possible. A bike path is being installed to separate the pedestrian traffic from the vehicular
traffic. The bike path will connect to the sidewalks on the subject site and across the driveway to
the Beeson property sidewalk.
Jon Dobosiewicz said is it is likely the City will need to acquire real estate at other corners of
this intersection, including the member of the public who spoke. It is hopeful that there will be
fruitful discussions with the property owner when it comes time to acquire additional right -of-
way needed for infrastructure. The petitioner has identified areas for the construction of the
round about, for the construction of Illinois Street, and for additional improvements on 136
Street as a part of this plat. The petitioner has helped the City in its ability to move forward on
design and implementation of a plan that addresses those traffic concerns. If there are no
additional issues raised by the Commission or the public that could be addressed at Committee,
the Department is recommending a suspension of the Rules of Procedure in order to vote on this
item this evening.
Leo Dierckman asked about the change in ownership on the Beeson property and how that
affects the current use.
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Adam DeHart reported his understanding of the ownership. Dr. Beeson's practice will stay in
place and Dr. Beeson will be leasing the real estate from the new ownership.
John Molitor reminded the Commission of the criteria for approving a Primary Plat.
Dan Dutcher asked for clarification of the closing of the entrance on 136 Street in light of
future improvements.
Adam DeHart responded that the closing of the entrance on 136 Street is a written, recorded
commitment made by Dr. Beeson in 1996 at the request of the Plan Commission. The proposed
use is a medical use facility and Dr. Beeson's is a surgery clinic. Any additional tenants are
expected to be medical in nature. The traffic study pointed out that the medical office hours are
9:00 AM to 4:00 PM and the predominant traffic on 136 and Oakridge Road is residential
traffic coming from the subdivisions at rush hour. The majority of the traffic entering and
exiting this facility would be outside the hours of rush hour and would not contribute to the
worst peak hour scenario. The traffic problems in this area will continue to occur until the street
is re- designed.
In response to questions from Dave Cremeans, Jon Dobosiewicz confirmed that there have been
no concerns raised by Police or Fire.
Leo Dierckman moved to suspend the Rules of Procedure, seconded by Dave Cremeans and
approved 11 -0.
Leo Dierckman moved for approval of Docket No. 59 -03 PP, Meridian North Medical
Primary Plat. The motion was seconded by Ron Houck and APPROVED 11 -0.
5h. Docket No. 62 -03 CA; Hazel Dell Corner, Lot 1 The Overlook
The petitioner seeks a Commitment Amendment pertaining to the uses permitted
on Lot 1 of the Hazel Dell Corner Subdivision. 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.
Charlie Frankenberger, 5212 Carrington Circle, Carmel, attorney with Nelson Frankenberger,
appeared before the Commission representing Gershman- Brown. A Commitment Amendment is
being requested in respect to the 1.67 acres located on the northwest corner of 131 Street and
Hazel Dell Parkway, commonly known as Lot 1, Hazel Dell Commercial Park.
The real estate is zoned B -3 and it was consequently necessary to obtain DP /ADLS. The
petitioner appeared before the Plan Commission and the Special Study Committee for further
review. The exhibits reviewed and approved by the Plan Commission were included in the
informational packets and indicate that the site will be heavily landscaped, accented with
stamped concrete walks. The building is of unique quality and appearance; the building
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materials include limestone, brick, brick accents and dryvit. The building will be residential and
up -scale in appearance with a sloped roof.
Mr. Frankenberger went over the history of commitments on this site made in 1998—restaurants
were not among the permitted uses specified in the original commitments. In order to obtain
restaurants as a permitted use, the owner of lots 2, 3, and 4 obtained an amendment to the
commitments but only with respect to lots 2, 3, and 4 —not lot 1. The existing amendment
provides, in part, that restaurants are permitted on lot 4, currently the site of "Goodfellas"
Restaurant and a Subway.
Gershman -Brown is requesting that the commitments be amended to also allow a restaurant on
lot 1. Per this request, one or more restaurants would be permitted on lot 1 so long as either one
or all did not exceed 5500 square feet. At the time of review by the Special Study Committee,
different uses were discussed. It was observed that additional family restaurants in the area
would be both appropriate and desirable neighborhood commercial in this area. The petitioner
would like the flexibility to have a restaurant(s) and are consequently asking that the
commitment be amended on lot 1 as well to permit restaurants as a use.
Members of the public were invited to speak in favor of or opposition to this petition; no one
appeared. Members of the public with general questions or comments were invited to speak at
this time; the following appeared:
Scott Martin, 13126 Dudley Lane, questioned whether or not restaurants would include drive
thru restaurants or mainly sit -down dining. Mr. Martin was in favor of restaurants such as
"Goodfellas."
Charlie Frankenberger responded there would be NO drive through restaurants.
Jon Dobosiewicz reported for the Department. The request is for a restaurant use to be provided
on lot 1. If there is only one restaurant, it will not exceed 5500 square feet; if there is more than
one restaurant, the aggregate square footage of all restaurants will not exceed 5500 square feet.
In essence, this would limit them to two uses and a delicatessen would be permissible.
Dan Dutcher said the Special Study Committee had a thorough discussion of this project in the
restaurant context.
Jon Dobosiewicz commented that the Department would not be opposed to a suspension of the
rules. However, a suspension is predicated on the condition that the applicant would submit the
commitments to the Department in recordable form for review. The applicant would then be
required to submit a copy of the actual recorded document to the Department.
Leo Dierckman agreed with Dan Dutcher; there is nothing further to be debated.
Wayne Wilson said he would definitely support a neighborhood restaurant as opposed to another
drugstore in the community.
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Dan Dutcher moved to suspend the Rules of Procedure, seconded by Leo Dierckman and
Approved 11 -0.
Dan Dutcher moved for approval of Docket No. 62 -03 CA, Hazel Dell Corner, Lot 1 The
Overlook, seconded by Leo Dierckman and APPROVED 11 -0.
6h. Docket No. 66 -03 PP; The Trails at Hayden Run (Primary Plat)
The applicant seeks Primary Plat approval of a 65 -lot subdivision on
approximately 40 acres. The site is located on the north side of West 141 Street
approximately one half mile west of Towne Road. The site is zoned S-
1 /Residence Very Low Density.
The petitioner also seeks approval of the following Subdivision Waivers:
66 -03a SW SCO 5.01.07 extension of facilities included in the master plan
66 -03b SW SCO 6.01.01 conformance with the comprehensive plan
66 -03c SW SCO 6.03 provision of north -south collector road
Filed by Dennis Olmstead of Stoeppelwerth Associates, Inc. for Centex
Homes.
Dave Warshauer, attorney with Barnes Thornburg, I 1 South Meridian Street, Indianapolis
appeared before the Commission representing the applicant. Also in attendance was Tom Kutz
of Centex Homes, and Gordon Crites, Engineer with Stoeppelwerth Associates.
The Trails at Hayden Run is the fourth Centex project in western Clay Township between Towne
Road and Shelbourne Road. The Trails is located on the north side of 141 Street and is the
natural continuation of the Hayden Run neighborhoods. The connector road system established
during the platting of various neighborhoods north of 126 Street will be extended to take into
and include The Trails at Hayden Run.
To the east is an approximate 30 -acre parcel likely to be developed as a residential neighborhood
in the near futurea stub street is planned in this direction. To the north are four large
properties including an existing horse stables. A stub street is being proposed to the north in the
event the property would be developed. A stub street would provide for continuation of traffic to
146 Street.
Alternatively, the property to the west that goes to Shelbourne Road has been acquired for
development as a church and /or church school. If that were the case, it would not be necessary
or desirable to provide a stub street to the west. However, if that is not the case, and this were
someday presented to the Plan Commission for a residential subdivision, the applicant would
propose the street be stubbed to the property to the west rather than to the north. For the
moment, the plat shows a stub street to the north. The other three residential properties to the
north are large lot residences, long and narrow. The closest residence is about 900 feet from the
north line of The Trails at Hayden Run.
The Trails at Hayden Run is located in an S -1 Zoning District and platted as an open space
subdivision. 32% of the site of 12.78 acres of the 40 acres will be set aside as designed open
space —more than twice the amount required. The plat shows 65 lots on the 40 acresa density
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of 1.62 units per acre. Because the property is located on the north side of 141 Street, it is
subject to the higher density requirements of the S -I District than those developments south of
141 Street and north of 116 Street.
Centex has prepared and submitted an open space schedule. This land has been used for
agricultural purposes and does not contain any natural open space areas. The designed open
space places an emphasis on earth berm and plant material. A landscape area is planned along
141 Street with a pond and a circular area. This plan has been submitted to Scott Brewer of the
DOCS.
All of the open space is directly accessible from a public street, either 141 Street or one of the
internal streets within The Trails at Hayden Run. The open space is easily and permanently
identifiable for maintenance practices. The Subdivision Covenants Budget has been submitted
and the subdivision is subject to restrictive covenants. A property management group will
manage and maintain the open space on behalf of the HOA. Under the Open Space Ordinance,
the open space is to be undivided by streets and alleys except where necessary for proper traffic
circulation, in this case primarily at the entrance to the neighborhood. The open space is to be
free of all buildings and structures, and that is the case except for the small seating area near the
entrance.
Regarding the waivers being requested, they all relate to the same thing. As discussed in
connection with other Hayden Run neighborhoods between Towne and Shelbourne north of
126 Street, the Thoroughfare Plan calls for a collector road to run along the half section line
between Towne Road and Shelbourne Road —that is the eastern boundary of this site. Between
126 and 131 Streets, this line runs along the Long Branch Creek and a proposed, now largely
constructed
interceptor sewer. Farther to the north in the Lakes at Hayden Run, the half section line runs
through a wetlands and wooded area that will be preserved. A connector road system has been
developed and taken into account in the approved subdivisions north of 126 Street; Wexley
Chase, Hayden Run, Aberdeen Bend, Shelbourne Park, Sedgewick, The Lakes of Hayden Run,
and Lakeside Park. The collector road is designed to be 30 feet wide; the connector road system
currently terminates at 141 Street, east of the Ridge at Hayden Run
At the time of approval for the Ridge at Hayden Run, the Plan Commission approved a street
connection system to 141 Street that was less than a full collector but with the provision for
certain offsite infrastructure improvements. The Commission also approved funding the
difference between the cost of constructing the collector street and installing the connector road
system.
In exchange for the Subdivision Waivers, Centex would commit in writing to make a payment to
the Department of Community Services that reflects the difference between the cost of
constructing a 36 -foot wide collector road and the proposed 30 -foot wide connector, estimated to
be slightly over $11,000. This money would be used by the Department to pay for other road
improvements within western Clay Township. Similarly, as with The Ridge, Centex would
commit to improve 141 Street along The Trails right -of -way with an additional 3 feet of
pavement and stone shoulder, County standard, and to pay to DOCS the difference between the
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cost of those improvements and the widening of 141 Street along the frontage by an additional
7 feet. The Thoroughfare Plan improvements would go into a fund administered by the DOCS to
help fund perhaps higher priority improvements within western Clay Township.
Regarding lighting, Centex proposes to install a down lighting street light at each of the
intersections, 5 in number. The approximate cost of monthly lighting, $30 per light, would be
part of the HOA assessment and paid by all of the homeowners.
Members of the public were invited to speak in favor of or opposition to this petition; no one
appeared and the public hearing was closed.
Jon Dobosiewicz reported for the Department. This developer has provided a considerable
amount of open space along 141 Street in an effort to maintain a more open feel along the
roadways in this area as well as the interior of the site. The Department is recommending that
the three waivers and the plat request be forwarded to the Subdivision Committee for further
consideration.
Wayne Haney requested a comprehensive map showing all previously approved subdivisions
and collector street layout for review at Committee.
Nick Kestner said it was not clear where the 10 -foot multi purpose path would be located.
Tom Kutz of Centex Homes, 6602 East 75 Street, Indianapolis responded that the details on the
trail along 141 Street will be provided at the Community meeting regarding the Thoroughfare
Plan.
Ron Houck asked about the stub streets that are treated as temporary cul -de -sacs on the plat. For
purpose of Committee review, how temporary will these look and will there be curbing at the
end of the streets? The concern is that when the adjacent property owners apply for platting, the
homeowners find it a shock to learn that they do not live on a cul -de -sac. It is a balance between
making it look good in its current state until development occurs, and at the same time, making it
clear that it is an inter connecting, stub street. The Committee should discuss how temporary the
temporary cul -de -sac is.
Docket No. 66 -03 PP, The Trails at Hayden Run Primary Plat was referred to the
Subdivision Committee for further review at 7:00 PM on June 3, 2003 in the Caucus Rooms of
City Hall.
7h. Docket No. 67 -03 DP /ADLS;
North Augusta Subdivision, Lot 13 (part); Brinson Properties, LLC
The applicant seeks development plan approval to allow the construction of an
office building. The site is located a 3934 West 96 Street. The site is zoned B-
2 /Business within the US 421/Michigan Road Corridor Overlay Zone.
Filed by Darrell Phillips of Weihe Engineers, Inc. for Jacob Brinson.
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Darrell Phillips of Weihe Engineers, 10505 North College, Indianapolis, appeared before the
Commission representing the applicant. Jacob Brinson is proposing to construct a 4600 square
foot office building (3000 square feet on the first floor, 1600 square feet on the second floor) at
3934 West 96 Street. The parcel is within the Michigan Road Corridor Overlay Zone.
The applicant is providing 17 parking spaces; 16 are required. There is a 24 -foot ingress /egress
easement between the subject site and 96 Street and the drive has been moved to the east -side
of the property to align with the commercial property on the opposite side of the street and also
allow for future expansion.
The petitioner is requesting relief from the landscape setback requirements to the east and the
north. Currently the properties to the north are under the 421 Overlay, even though they are
residential, and the setback called for is larger than 5 feet.
The building materials are red brick with limestone accents with keys above the windows.
Samples of the building brick and shingles were displayed for the benefit of the Commission. A
sign is proposed to the front of the building —brick to match the building, split -face block base
with stone caps. The interior of the Brinson office building will be limestone.
The dumpster to the rear of the property will be brick veneer, 10X10 feet and will match the
building. The gate enclosure to the dumpster will be wood and contain a lock.
The developer has attempted to situate the building to the south of the site and away from the
north as much as possible while providing parking, ingress /egress, etc.
Members of the public were invited to speak in favor of or opposition to the petition; no one
appeared and the public hearing was closed.
Jon Dobosiewicz reported for the Department. The site lies between an existing residence and a
commercial property. By approval of this site plan and amendment to the lot, the petitioner
would be providing additional right -of -way along 96 Street as well as the opportunity for a
wider driveway access in the future. In essence, this would reduce the total number of driveway
cuts on 96 Street and provide cross access between the parking lots of businesses along 96
Street. The applicant is requesting relief from landscape setback requirements to the east and
north; this will go before the BZA. The Department supports the request for landscape relief.
The Department is recommending this item be forwarded to the Special Study Committee.
Nick Kestner said he did not see a path along 96 Street or a pedestrian connection from 96
Street to the building.
Darrell Phillips responded that a path had not yet been mentioned or addressed. If it is a
requirement, the petitioner will comply.
Wayne Haney asked that the handicap parking spaces be moved closer to the entry.
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Jerry Chomanczuk asked for detail information on the dumpster and the signage for Committee
review.
Ron Houck asked about the limestone accents above the windows —the drawings show the area
as brick color.
Darrell Phillips said that is incorrect; there will be limestone keys above the windows.
Marilyn Anderson asked the Special Study Committee to review the amount of asphalt on this
development and potentially, on the site next door. The "sea of asphalt" is bothersome.
Dave Cremeans referred to the notes from the Technical Advisory Committee meeting regarding
drainage, detention, etc.
Darrell Phillips responded that they are in the process of providing detention on the site that was
requested by the County Surveyor after the TAC meeting. Basically, this will be the parking lot
and underground in pipes.
Jon Dobosiewicz offered to bring an overall site layout. It is a similar type layout, other than the
fact that those all came in as one project. The subject case is individual ownership and we are
working with them to achieve the same type of design layout.
Docket No. 67 -03 DP /ADLS, North Augusta Subdivision, Lot 13 (part,) Brinson Properties,
LLC was referred to the Special Study Committee for further review at 7:00 PM on June 3, 2003
in the Caucus Rooms of City Hall.
Following a short recess, the meeting continued with the business at hand.
8h. Docket No. 68 -03 DP /ADLS;
East 96th Street Auto Park, Lot 3; Tom Wood Jaguar
The applicant seeks aIroval to construct an automobile dealership. The site is
located at 4620 East 96 Street. The site is zoned B -3 /Business.
Filed by Lawrence E. Lawhead for Tom Wood Jaguar, Inc.
Larry Lawhead, 13199 Ditch Road, Carmel, attorney, appeared before the Commission
representing the applicant. Mike Billay, Architect, and Brian Cross of Roger Ward Engineering,
were also present.
The subject site is east of Keystone on the north side of 96 Street, opposite HHGregg and
Palmer Dodge. The site is immediately north of the Tom Wood Volkswagen, Lexus, Tom
O'Brien Chrysler Dealership. The western parcel is being developed as a group of office
buildings providing additional buffer from the residential area to the northwest. The site to the
east is the future site for CarMax. There are also condominiums north and east of the subject site
and the Williamson Run Subdivision is opposite the pond to the northwest.
A 2.5 -acre, triangular parcel is a landscape buffer and there will be no development in that area.
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There is a drainage area between the site and the commercial site to the west and, again, the pond
to the northwest.
Larry Lawhead noted that when Tom Wood Volkswagen came through the BZA process a few
years ago, an additional 30 feet was taken for additional parking.
The East 96 Street Auto Park came through the BZA in 2000, pursuant to the Ordinance at that
time. Under the B -3 Zoning classification, the East 96 Auto Park, through its owner DYC
Realty, obtained approval for the automobile dealership use as a Special Use for the entire site.
It also specified development of the Lexus and the Chrysler site. During this time, certain
detailed agreements and covenants were agreed upon by the owner of the park and adjoining
landowners through their homeowners association, reduced to writing and recorded. Also
included were detailed plans on landscaping, planning schedules, construction of beams, outdoor
lighting restri ctions after 10:00 PM, conduct of business limitations between 7:00 AM and 9:00
PM, the prohibition of public address systems on the western and northern sides of any
buildings, and the total prohibition of test driving in or through Williamson Run and the training
of each sales personnel to abide by that prohibition. These covenants run with the land and the
applicant is bound by those covenants.
Tom Wood Jaguar is to be developed as a high -end, low volume dealership, seeking to attract an
affluent customer base. As required by the manufacturer, there is a showroom for each of the
manufacturers and a corporate sign.
The legal description for this site also includes the turn- around, the access road and the oval in
the center. Customer parking is to the front of the building. Inventory is on the front and on the
east side of the building, and employee parking is located in the rear. The trash area is screened.
Along the north and east portions of the building is a "Land Rover Nature Trail."
The building material is dryvit in a "Jaguar Ivory" on most of the front of the building. In
addition, there will be a similar material, white in color, on the Volvo portion of the building.
On the east side of the building is again ivory dryvit and architectural, pre -cast concrete panels.
The HOA to the northwest expressed some concern with using the color "white," saying that
there are other buildings in the area using white and they would prefer a different color from an
aesthetic standpoint. The architect has proposed a change that is close to the color used on the
Lexus building; the petitioner will be guided by the Commission's direction.
Decorative, recessed patterns have been added into the architectural, pre -cast concrete along the
back of the building on the north and west sides for variety. The trash dumpster will be on fl-
inch, split -face block painted to match the building.
Regarding the landscaping, there is a previously approved plan to which the petitioner is adding
additional landscaping along the eastern boundary line and southern boundary line. There was a
change in the location of two trees from the Volkswagen parking lot area.
The "Range Rover Nature Trail" is intended to show the capabilities of the 4 -wheel drive Range
Rover—it is a creeping trail —very slow. No customers would be allowed to drive on the nature
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trail, only employees. Mr. Lawhead commented that the nature trail is a concern from the DOCS
perspective. At this time, Mr. Lawhead aired a video of an existing Range Rover Nature Trail.
Lighting of the site is by 20 -feet tall poles, placed on 2'6" bases for a total height of 22 feet, 6
inches above grade-2 feet, 6 inches lower than the allowed 25 feet. All, 100% of the lens on
the site will be flat lens, 100% cutoff. The poles will have an external screen to ensure that
lighting is diffused only into the center of the site.
Mike Billay, Billay Architects, 6801 Lake Plaza Drive, Indianapolis explained the rooftop
screening. A system will be used that is designed and engineered for that purpose. The rooftop
screening will match the materials of the building, very similar to the dryvit and the same color.
The rooftop units will not be visible.
Noise from the service areas was a concern expressed by the adjacent homeowners. Mr.
Lawhead explained that much of the service today is computer diagnostic. The only doors to the
north of the site are to the carwash. There is an entrance to the west and the east that limits the
potential escape of noise to the outside, further limited by the offset. Service write -up is done on
the inside of the building at the end and not in the service area again, so that the doors will be
closed in the service area. All of these measures reduce to a minimum the potential noise level.
Regarding signage, there is a Volvo sign in blue, 11'8" X 1'6" not internally lit but back -lit. The
Jaguar sign is smoked bronze metal on dryvit, back -lit and measures 107" X 1'8 Land Rover
has two signs; green with white lettering icon sign that is 7'10" X 3'10" and internally lit, and
the location sign that is 7'1" X 1'6" white metal with plastic face. The name listed on this sign
is "Indianapolis." There is only one Range Rover in Indiana, traditionally located on the south
side of 96 Street, close to the subject site. This area has an Indianapolis mailing address, and
Range Rover has requested using "Indianapolis" on the sign. Mr. Lawhead said the size of the
sign was created by the manufacturer without input from the client. Other signs shown are
identification signs to designate service location. There is an additional sign, however, and that
is the Jaguar logo icon —the "leaping jaguar." The material is chrome and not illuminated. The
sign is approximately 1800 feet from 96 Street and not readily visible.
Members of the public were invited to speak in favor of the petition; no one appeared. Members
of the public were invited to speak in opposition to the petitioner; the following appeared:
Janet Rodriguez, 10575 Power Drive, Carmel. Ms. Rodriguez is a resident of the Williamson
Run Subdivision that abuts to the north end of the proposed dealership. Ms. Rodriguez said she
had met with Larry Hyde, CFO of Tom Wood, and Larry Lawhead, attorney, and there has been
open dialogue on how to improve the transition between the neighborhood and the dealerships.
Ms. Rodriguez shared the neighborhood's concerns with the Commission. Those concerns are
noise, produced potentially in the service areas and by outside public address speakers. The new
dealership will have one of its major service doors in the direction of the homes. The VW
dealership currently existing has all of its service doors pointed in the direction of the William
Run homes, in fact, the VW service doors are visible and in direct line -of -sight to eight homes in
the neighborhood and to all who enter and exit the Williamson Run community. Ms. Rodriguez
shared a picture of the existing situation. The photo shows full foliage and in November, 80% of
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the service doors will be in full view of the 8 homes. The VW dealership is not yet operational,
and there are concerns that no physical buffer exists that will reduce the noise. The second
concern relates to loss of property value and quality of life resulting from actually seeing the
dealerships from the residents back yards as well as just driving through the neighborhood. The
third impact of the dealership is the light pollution. The lights from the existing dealership are
observed by homeowners on Neva Lane, two streets away. Again, the proposed dealership lights
have not yet been installed and the lack of buffer between the properties is a huge concern. The
neighborhood would like the Commission to ensure that appropriate visual, sound, and light
buffers exist prior to further development in this area. The neighborhood would like the
Commission to consider additional landscaping in the form of tall evergreen trees.
Larry Lawhead responded that the petitioner has offered to make pine trees available to the HOA
and would like for them to place them wherever they feel appropriate. When the site was zoned
in 2000, there were significant negotiations on the landscaping; 28 -foot pine trees were added.
Plantings were previously provided on the eastern boundary; the triangular area is in a flood
plain and nothing can be planted within.
Jon Dobosiewicz reported for the Department. Many of the concerns have been addressed;
however, the identification of the site is not Indianapolis but this should be researched at the
Committee level. The lighting has been addressed by the petitioner and additional information
has been provided to the Department. Scott Brewer has reviewed and granted approval for the
landscape proposal. The petitioner has agreed to offer additional plantings on the residential
side —this should be specified and details agreed upon at Committee. The Department is not in
favor of the leaping jaguar on top of the building. In addition, the screen walls for the rooftop
equipment are questionable as far as integrating it into the building. The Department would like
to see specific elevations provided by the petitioner to show the number—if there is a "farm of
fences" on top of the building that screens each individual unit, it is probably not preferable to
raising the parapet wall on the building. The Department is recommending this item be
forwarded to Special Study Committee on June 3rd.
Ron Houck asked about the "leaping jaguar." How is that viewed in terms of the Ordinance—is
it logo, how does it fit into the signage?
Jon Dobosiewicz said the "leaping jaguar" is defined as a single sign, rooftop mounted. The
petitioner has applied for variances, and these will be heard by the BZA upon completion of the
Plan Commission process. The petitioner is to have a proposal to the Department for the ground
sign along 96 Street. There are 7 or 8 dealerships that will occupy this site. The Department is
not anticipating that all 8 of the dealership names will fit on one ground sign. Perhaps we should
just call it "East 96 Street Auto Park" and leave it as we would a subdivision sign.
Pat Rice also had comments about the signage. The jaguar could be incorporated in terms of
logo into the sign on the building itself. Ms. Rice asked the Committee to look at the "Land
Rover" sign. The petitioner considers only the oval to be a sign —Pat Rice considers the green to
be the sign and this needs to be addressed by the Committee.
Leo Dierckman commented that unless "Indianapolis" is removed from the sign, he could not
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make a positive vote for this.
Marilyn Anderson referred to landscaping as a buffer and reminded the Commission that White
Pines do not have a long "shelf life" in our area of the country and a different species would be
recommended. It is also not clear if there is any greenery around the building. Landscaping
closer to the building would help soften the look.
Dan Dutcher commented that perhaps there could be berming added to the perimeter that would
lessen the impact on the adjacent neighborhood, both in terms of sight and noise.
Larry Lawhead responded that a berm would have to be 20 feet high to have an impact between
the neighborhood and the dealership. The most efficient way is to put a berm closer to where the
homes are.
Pat Rice asked about the "nature trail" shown in the video. Most people that want to buy a Land
Rover are aware of its capabilities. Mr. Lawhead said the trail would be about 4 or 5 feet tall,
and pretty much as characterized in the video —the trail is a national marketing tool.
Jon Dobosiewicz noted that the Department is currently taking enforcement action in relation to
lighting on dealership locations in this area. What is being applied is not in conformance with
plans that have previously been approved as far as intensity of lighting. The City is working to
resolve this issue.
Jerry Chomanczuk mentioned the CarMax property that will also have lighting and add to the
impact.
Jon Dobosiewicz said most of the fixtures have curved lens and providing light where it should
not be outward, and shining up as opposed to down, and the intensity is greater than shown on
the lighting plans.
Docket No. 68 -03 DP /ADLS, East 96 Street Auto Park, Lot 3, Tom Wood Jaguar was referred
to the Special Study Committee for further review at 7:00 PM on June 3, 2003 in the Caucus
Rooms of City Hall.
9h. Docket No. 69 -03 DP /ADLS; Carmel Cemetery
The applicant seeks approval to construct an addition to a cemetery. The site is
located at 1000 North Range Line Road. The site is zoned R -1 /Residence within
the US 31 Overlay Zone.
Filed by Ronald L. Bussell for the Carmel Cemetery Association.
Ron Bussell, 703 Pro -Med Lane, Carmel, appeared before the Commission representing the
Carmel Cemetery Association. The location map provided to the Commission delineates the
proposed addition to the Cemetery. The surrounding zoning is R -1 /Residence and within the US
31 Overlay Zone.
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The cemetery consists of two parcels, one in the B -5 zone and one in the R -1 zone. The parcel in
the R -1 Residential zone is within a flood plain and for whatever reason, was not included in the
B -5 zone. It is most doubtful that anything would ever be built in this area that is occupied by
the flood plain.
The proposed addition would consist of an extension of the drive and would not disturb the
current County -wide drainage plan. The Cemetery Association is willing to dedicate a portion of
the ground for the extension of the Monon Trail. The addition would result in approximately
5,000 spaces; currently there are 290 lots left for sale. The Cemetery Association is essentially
out of desirable lots.
There is a 90 -foot setback line along US 31. The petitioner had initially requested a 20 -foot
setback that would include existing trees along US 31 that would be a visual screen, and
additional space was desired between the trees and the graves for maintenance vehicle access.
Mr. Bussell said that in the old part of the cemetery, where there are grave spaces within 5 feet
of the right -of -way of US 31, the State would not enter that area. In the area that is the bridge
over the Monon Trail, the State intends to widen the area yet maintain the current right -of -way.
These plans are still under development and not yet final.
There is no lighting, signage, or building associated with this project. The TAC committee
suggested pine trees to fill in where gaps exist. The Cemetery Association would like to put
trees other than pines in the area.
Members of the public were invited to speak in favor of or opposition to this petition; no one
appeared and the public hearing was closed.
Jon Dobosiewicz reported for the Department. The ultimate recommendation is for this item to
be sent to Committee. However, there are several unresolved issues and requests made of the
petitioner. 1) A request was made of the petitioner to send a letter to the Commissioner of
Indiana Department of Transportation providing them with plans and asking for comment. The
petitioner states he has spoken with Parsons, Brinckerhoff, but no evidence has been provided to
the Department. The primary concern is to provide for the ability of the State Highway Dept. to
make an expansion of US 31 and the State should be provided the opportunity for input—this
would also help the Commission in making a decision.
2) The petitioner is also requesting a reduction from 90 feet to 30 feet of the required setback
from US 31. There are grave sites within 5 feet of the current US 31 right -of -way, and the
Department does not want to see this continue. The setback should provide for the ability to
make future improvements critical to the economic welfare of the community. In addition, the
petitioner has indicated they would like the Plan Commission to view the areas south and west of
the site as commercially zoned property as opposed to residentially zoned property. The
Commission does not have the ability to make this call —the petitioner would need to file for a
variance through the BZA. The petitioner has indicated a willingness to dedicate area for the
ATP Trail that would connect the Monon with 146 Street via "Cool Creek route;" this should
be submitted in writing.
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3) The third concern is landscaping. The Department has requested a landscape plan from the
applicant; this has not yet been received for review. A June 3 rd Committee meeting date may
seem premature to provide the Department the opportunity and the applicant the responsibility of
filing plans with the State and seeking their comment to the Plan Commission.
The Department is recommending this item be forwarded to the July 1 St Subdivision Committee
meeting to allow an opportunity to resolve these issues before it goes to the Committee for
discussion.
Pat Rice had comments regarding the lack of maintenance and upkeep in landscaping at the
Carmel Cemetery. The expansion is needed, but commitments should be made in writing
regarding the upkeep and maintenance of the cemetery.
Dave Cremeans, chairperson of the Subdivision Committee, commented there are a lot of
unresolved issues and it is possible that the applicant may appear at the August rather than July
committee. Dave Cremeans asked that the Department place this item on the Committee Agenda
when it is appropriate.
Dan Dutcher wanted to note a positive aspect of this proposal and that is the opportunity to tie
into the Monon from the Cool Creek Trail. Mr. Dutcher urged the Commission to work to make
this a reality.
Marilyn Anderson said the trail connection needs to show on the plan, not just a verbal
willingness.
Docket No. 69 -03 DP /ADLS, Carmel Cemetery, was referred to the Subdivision Committee
for further review, perhaps July, most probably the August meeting, but whenever deemed
appropriate by the Department.
Note: Nick Kestner exited the meeting at this time and did not return.
10h. Docket No. 70 -03 ADLS; Alexandria
(Public Hearing on Zoning Waivers only)
The applicant seeks approval to construct a multi family development. The site is
generally located south of 131 Street between Old Meridian Avenue and
Pennsylvania Street. The site is zoned Old Meridian Multi Family (OM -MF).
The petitioner also seeks approval of the following Zoning Waivers:
70 -03a ZW ZO 20G. 04.05(D) parking space size
70 -03b ZW ZO 20G.04.02(B) private streets
70 -03c ZW ZO 20G. 05.02.D(3) brick exterior requirement
70 -03d ZW ZO 20G.04.06.C(1) planting strip /parking setback
Filed by Paul G. Reis of Drewry Simmons Pitts Vornehm for Edward Rose
Properties, Inc.
Mark Monroe, land use planner and law clerk with Drewry Simmons Pitts Vornehm, 8888
Keystone Crossing, appeared before the Commission representing the applicant. Also in
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attendance: Mike Horman, Steve Horman, and John Houchin of Edward Rose Properties; Paul
Donica and Kiera Scalline with Paul I. Cripe, Engineers.
Alexandria is a proposed, multi family development located within the Old Meridian District.
The site is zoned multi family and permits the current, proposed use. The site is bordered by
Main Street on the north, Pennsylvania Street on the west, large residential tracts to the east,
smaller residential tracts to the north and the Meijer retail store to the south.
The current proposal is for 254 residential units on 17 acres. The plan consists of 10 residential
buildings and one clubhouse building. With the exception of the zoning waivers requested, this
development has been designed in accordance with the standards of the Old Meridian District.
The landscape plan is extensive and contains the required street trees and buffering. The
clubhouse is located near the center of the site next to the swimming pool, and the 10 residential
buildings are situated along Main Street at the entrance and coming in from Pennsylvania Street.
There are also residential buildings fronting on a private street and an existing pond behind the
Manor Care facility.
The buildings contain red brick, white trim, tan siding and green shutters. The sample building
materials were displayed.
A rendering of the proposed ground signage for Alexandria is located in the informational
booklet. The entry signage is located along Main Street. The brick and landscaping as well as
the wrought iron design was implemented to complement the balance of the design of the
residential buildings. The height and size requirements as proposed for the signage will require
the approval of the Board of Zoning Appeals.
The photo metric plan showing the location of the light fixtures is on file with the Department.
The cut sheets have also been submitted showing the parking area lighting fixtures. The lighting
plan, as proposed, has been designed within the guidelines and requirements of the Old Meridian
District.
The drainage plan for this site contemplates the additional ground water that flows from some of
the adjacent lots to the north and east. The nature flow of the ground water is presently onto the
subject site and into the existing pond. The site plan proposes to continue to collect the water in
underground pipes and outlets into the pond. In essence, the petitioner is capturing water that
may collect in the back of the residents' yards onto the site and into the pond; there should not be
any back flow of drainage water onto the adjacent sites.
A series of Zoning Waivers is being requested as a part of the ADLS application. The first
waiver relates to the parallel parking spaces located along the main boulevard off Pennsylvania
Street. The width of the parking spaces will be reduced from 10 feet to 7 '/2 feet to accommodate
the proposed public street that runs from Pennsylvania to the extent of the eastern boundary.
The second zoning waiver relates to whether the streets within the complex will be public or
private. Currently these streets are public, however, the road running along the pond is proposed
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to be a private street and thus requires the waiver request.
The third waiver relates to the building design and as shown, the building on the front and sides
will be 100% brick on the facades. However, 15% of the rear of the building will be cement
fiberboard; the remaining 85% will be red brick.
The fourth waiver relates to the width of the planting strip located on the southern boundary of
the site and could also include another strip. The Ordinance requires a 5 -foot planting strip that
is not very wide for landscaping. The petitioner is proposing a reduction to 3 feet to provide
more space along the public street for street -tree plantings and the on- street parking.
Members of the public were invited to speak in favor of the petition; no one appeared. Members
of the public were invited to speak in opposition to the petition; the following appeared:
Robert Swift, 1335 West Main Street, was opposed to the project saying it would worsen the
existing drainage situation. Mr. Swift distributed photographs of the site that show a lot of
standing water.
Mark Monroe addressed Mr. Swift's comments. Any water that would collect on the site as a
part of the project would be collected in sub surface pipes and directed to the pond. None of the
surface water would be deflected to the north or onto Mr. Swift's property.
The public hearing was then closed.
Jon Dobosiewicz reported for the Department. The proposed project may not solve Mr. Swift's
problem; however, if there is water that currently falls on this property and runs toward Mr.
Swift's property, it will no longer do that with the approval of this project. The water will be
collected and directed toward the pond as indicated by the petitioner.
The Department is in favor of the requested waivers; however, there are still concerns that are
yet to be resolved at the Engineering level. Discussions have been held regarding the reduction
of the parking space size, and the request for private streets. The issue of brick exterior on the
buildings has been adequately addressed by the applicant. The reduction in planting strip on the
south side adjacent to the existing Manor Care facility would allow the Department to address
some of the other issues such as width of the public street and the parking space size. The
Engineering office has issued comments in the last few days —the issue with regard to private
streets versus public is a matter of determining which one and under what condition. All of the
streets within the Providence at Old Meridian are private. The Department will have definitive
answers at the Committee level.
In response to questions from Ron Houck, Mark Monroe said the applicant would like to have all
of the streets within the project as private. The standards within the Old Meridian District
Ordinance do not permit that, however, they do permit a 35% waiver of the requirement.
Essentially, the applicant has one -third of its street system as private. This will be explored
further at Committee.
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Pat Rice asked that the petitioner also address the drainage at the Committee level.
Dan Dutcher commented that the landscape plan in the packet and what was shown on the
overhead does not match. This needs to be resolved.
Marilyn Anderson also asked that landscaping details such as species, number, height, sizes, etc.
be available for Committee review. Also, the parking as laid out does not look like it is very
accessible to the entry doors. This needs to be explored further.
Docket No. 70 -03 ADLS, Alexandria, Zoning Waivers was forwarded to the Special Study
Committee for further review at 7:00 PM on June 3, 2003 in the Caucus Rooms of City Hall.
llh. Docket No. 49 -03 PP; Towne Pointe
(Public Hearing on Zoning Waiver only)
The applicant seeks approval of a Primary Plat for a 28 -lot residential subdivision
on 25.1± acres. The site is located on the northeast corner of West 131 Street
and Towne Road. The site is zoned S -1 /Residence Estate. The petitioner also
seeks approval of the following Subdivision Waiver for one street:
49 -03a SW SCO 6.03.07 cul -de -sac length
Filed by the Elliot Wright Group, LLC.
Chuck Wright of the Elliot Wright Group, 597 Industrial Drive, Carmel appeared before the
Commission representing the applicant. The applicant is seeking approval of a Zoning Waiver
for cul -de -sac length.
At this time, the applicant has notified all adjacent property owners by certified mail and proof
has been delivered to the Department. The Committee approved the waiver unanimously. The
applicant is requesting a Suspension of the Rules in order for a vote to be taken this evening.
Members of the public were invited to speak in favor of or opposition to the proposal; no one
appeared and the public hearing was closed.
Jon Dobosiewicz reported for the Department. The public hearing for the Primary Plat was held
last month. The Committee did review the waiver request and recommended approval. The
Department is recommending that the Plan Commission suspend its Rules, approve the waiver
request for the cul -de -sac length, and adopt the Primary Plat as presented.
Dave Cremeans reported for the Subdivision Committee. The project was well represented and
this was thoroughly discussed at Committee. It was actually the Department's idea to have the
cul -de -sac to eliminate a curb cut on 131 Street. This seemed to be the best plan and at this
location, 131 and Towne Road, there is a large lake there most of the time and this project
should take care of most of the drainage.
Ron Houck asked if the issues from the public hearing were addressed at Committee.
Dave Cremeans responded that the member of the public did not appear at Committee and most
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of his concerns were informational items only. The assumption is that the issues were resolved
between the remonstrator and the applicant.
Leo Dierckman moved to suspend the Rules of Procedure, seconded by Dave Cremeans. The
motion was approved 10 -0.
Dave Cremeans moved to approve Docket No. 49 -03a SW, SCO 6.03.07, Towne Pointe. The
motion was seconded by Leo Dierckman and APPROVED 10 -0.
Dave Cremeans moved for approval of Docket No. 49 -03 PP, Towne Pointe. The motion was
seconded by Leo Dierckman and APPROVED 10 -0.
12h. Docket No. 11 -03 Z; Danbury Common Area and other parcels (P -1 Rezone)
Petitioner seeks a favorable recommendation of a rezone from R -1 /Residential to
P- 1/Parks and Recreation on 13.69± acres. The site is located generally south of
146 Street between Dublin Drive and Jason Street. The site is zoned R-
1 /Residence.
Filed by the Department of Community Services.
13h. Docket No. 12 -03 Z; 146th /just east of Danbury Subdivision (R -4 Rezone)
Petitioner seeks a favorable recommendation of a rezone from B-5/Business to R-
4 /Residence on 4.22± acres. The site is located generally south of East 146
Street between Dublin Drive and Jason Street. The site is zoned B -5 /Business.
Filed by the Department of Community Services.
Note: Items 12h and 13h were TABLED to the June meeting.
L Old Business
li. Docket No. 164 -02 Z; Riverview Medical Park (PUD)
The applicant seeks to rezone 11.09± acres from S -1 /Residence to a Planned Unit
Development (PUD) District. The site is zoned S -1 /Residence Low Density.
Filed by Charles D. Frankenberger of Nelson and Frankenberger for Plum Creek
Partners, LLC.
Charles Frankenberger, 5212 Carrington Circle, Carmel, attorney with Nelson Frankenberger,
appeared before the Commission representing Plum Creek Partners. Corby Thompson of Plum
Creek Partners was also present.
Charlie Frankenberger reported that this item is being returned to the Commission with a
unanimous, favorable recommendation from the Committee.
Jon Dobosiewicz said this item was reviewed by the Subdivision Committee and was voted 5 -0
favorable recommendation. This item was discussed at three separate meeting dates. The
information before the Commission contains all of the information relative to the development
plan and ADLS for Lot 3 and also the PUD Ordinance for forwarding to the City Council for
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final action. If approved by the Commission, the approval would include the Development Plan
and ADLS for the single lot with the exception of signage —that would return to the Commission
for review.
Dave Cremeans reported for the Committee. All items had been discussed pertinent to this
petitioner landscaping, regional commercial development, and other projects in the area. The
Committee felt this proposal is the highest and best use for this land—it will never be residential
real estate. There were a number of letters provided by the petitioner from the surrounding
neighbors in favor of this project.
Jerry Chomanczuk asked how the Noble West development on the north side of 146 under
Noblesville jurisdiction played into the overall review of the development.
Dave Cremeans said Noble West had been talked about, but not really considered—it is not part
of the Committee's purview. The Committee did look at was what the land could be used for.
The Committee could not see this ground developed as anything but commercial, and this
proposal is the least intense commercial on this parcel of ground.
Leo Dierckman moved for recommendation of approval to the City Council of Docket No. 164-
02 Z, Riverview Medical Park PUD. The motion was seconded by Maureen Pearson and
approved 10 -0. This Docket will be forwarded to the City Council with a favorable
recommendation.
2i. Docket No. 30 -03 DP /ADLS; Clarian North Hospital
The applicant seeks Final Development Plan and Architectural Design, Lighting,
Landscaping Signage approval for a hospital and medical office building. The
68.164± acre site is located at the northwest corner of US 31 and 116 Street.
There is a proposal filed to rezone the site to a Planned Unit Development
District.
Filed by Joseph M. Scimia of Baker and Daniels for Clarian Health Partners, Inc.
TABLED to JUNE.
3i. Docket No. 44 -03 ADLS Amend; Indiana Development Training Center
(Commitment Amendment)
The applicant seeks to construct a building addition. The site is located at 11075
North Pennsylvania Street. The site is zoned B -5 /Business.
Filed by Richard F. Steldt of Richard F. Steldt and Associates.
Appears on the Agenda in Error
4i. Docket No. 45 -03 DP /ADLS; Dixie Highway Addition, Lot 25 Mark
Swanson Building
The applicant seeks to construct a multi tenant building. The site is located at
550 East 106 Street. The site is zoned B -5 /Business within the Home Place
District Overlay Zone.
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Filed by Mark A. Swanson.
Dennis Lockwood, architect with Mark Swanson Associates, 10610 North Park Avenue,
Indianapolis appeared before the Commission representing the applicant.
The Special Study Committee reviewed this Docket on May 13, 2003. At this time the applicant
is requesting approval of the Development Plan and requesting the ADLS be returned to the
Special Study Committee for final action at their June 3 rd meeting.
Ron Houck reported for the Committee. There were some unresolved issues between the
Department and the applicant. The Committee decided to request the full Commission to allow
final approval at the Committee level for ADLS.
Jon Dobosiewicz reported for the Department. The Department is asking that the Development
Plan be approved subject to the four conditions outlined in the Department Report. In addition,
the Department is requesting the full Commission to refer the ADLS portion of this Docket to
the Committee for final approval on June 3 The issues have been adequately addressed.
Ron Houck moved for approval of Docket No. 45 -03 DP, Dixie Highway Addition, Lot 25,
Mark Swanson Building. The motion was amended to provide for the conditions as specified in
the Department Report. The amended motion was seconded by Maureen Pearson and
APPROVED 10 -0.
Ron Houck moved to allow the Special Study Committee to grant final approval on the ADLS
portion of Docket No. 45 -03 DP /ADLS. The motion was seconded by Dan Dutcher and
APPROVED 10 -0.
5i. Docket No. 48 -03 DP /ADLS; Meridian North Medical
The applicant seeks to construct a multi tenant building. The site is located at the
southwest corner of West Smokey Row Road and US 31. The site is zoned B-
5 /Business within the US 31 Overlay Zone.
Filed by Adam Dehart of Keeler -Webb Associates for F.C.C. Development Corp.
Note: At this point, Pat Rice joined the meeting in progress.
Adam DeHart, Keeler -Webb Associates appeared before the Commission representing the
applicant. Frank Cosmas was also in attendance.
Ron Houck reported for the Committee at this time. This particular item was heard at Special
Study Committee on May 13, 2003 and received a unanimous recommendation.
Jon Dobosiewicz reported for the Department. Approval is recommended subject to the
approval of the waivers and subject to the approval of the petition as amended at Committee.
Ron Houck moved for approval of Docket No. 48 -03 DP /ADLS, Meridian North Medical,
seconded by Dave Cremeans and APPROVED 9 in favor, 2 opposed (Dierckman, Pearson.)
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6i. Docket No. 46 -03 ADLS;
Providence at Old Meridian, Lot 1 Meridian Music
The applicant seeks approval to construct a commercial building. The site is
located at 100 Providence Boulevard. The site is zoned Old Meridian Village
(OM -V).
Filed by Frederick A. Simmons of Simmons Associates for JAM Musical
Properties.
Returned to Special Study Committee on June 3, 2003 for additional review.
J. New Business
NONE
Jon Dobosiewicz advised the Commission that the Mineral Extraction Ordinance may be Tabled
and not discussed on June 12, 2003, although that decision has not yet been made. If the
Ordinance is not going to be discussed, the June 12 date will be utilized for an additional
Special Study Committee meeting, since it will be rather lengthy
Quorums will be confirmed for the Committee meetings.
There being no further business to come before the Commission, the meeting was adjourned at
10:37 PM.
Marilyn Anderson, Vice President
Ramona Hancock, Secretary
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