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HomeMy WebLinkAboutMinutes PC 07-15-031,1`I y G`'`y of Cq,9y C o CARMEL /CLAY PLAN COMMISSION July 15, 2003 Minutes The regularly scheduled meeting of the Carmel/Clay Plan Commission met at 7:00 PM in the Council Chambers of City Hall, Carmel, Indiana. The meeting opened with the Pledge of Allegiance. Members Present were: Marilyn Anderson; Stephanie Blackman; Jerry Chomanczuk; Dave Cremeans; Dan Dutcher; Wayne Haney; Ron Houck; Dianna Knoll; Pat Rice; Wayne Wilson; thereby establishing a quorum. John Molitor reported on the pending lawsuit with Leeper Electric concerning the ground at the not corner of 131 and US 31. The case is now on appeal to the Indiana Court of Appeals and a brief is being prepared for filing. The City will be appealing the evaluation of the 4 -plus acre parcel. The Court judgment was that the City owed the Leepers $1,120,000 for their parcel of property. Department Announcements, Jon Dobosiewicz: Correspondence has been received from the petitioner regarding item 4i, Docket No. 79 -03 PP Amend, Treesdale Subdivision, requesting return to the Subdivision Committee for further consideration on August 5, 2003. Correspondence has been distributed to Commission Members this evening from various parties. Also, the Hearthview Residential PUD public hearing was conducted last month; the petitioner made additional notice for public hearing this evening. A suspension of the Rules of Procedure is necessary prior to hearing this item due to less than 25 days Notice and to correct an error. H. Public Hearings lh. Docket No. 77 -03 Z; (03050030); Hearthview Residential PUD The applicant seeks to rezone a 6.5 acre parcel from R -1 /Residence to a PUD (Planned Unit Development) District designation. The property is generally located at the southeast corner of 116 Street and the Monon Trail. Filed by Filed by Joseph M. Scimia of Baker and Daniels for Hearthview Residential, LLC. s: \PlanCommission\ Minutes\PlanCommmissionMinutes\PC2003ju1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Roger Kilmer, Land Use Consultant with Baker Daniels, 96 Street, Indianapolis, appeared before the Commission representing the applicant. The petitioner is appearing before the Commission in order to correct an error in the legal notice procedure that came to light on July 2n The notices sent out for the June 17 public hearing were sent out NOT certified mail. The notices for this evening's meeting were sent via certified mail and the notice was published again in the newspaper. This necessitates the suspension of the Rules of Procedure. It is noteworthy that State Law requires 10 days notice for publication. There is no new information for distribution, and Mr. Kilmer requested that the public presentation from the June 17 meeting be incorporated into this evening's hearing. Wayne Wilson moved to suspend the Rules of Procedure and also allow the presentation made to the public on June 17, 2003 to be incorporated into tonight's public hearing; seconded by Dan Dutcher, approved 10 -0. Members of the public were invited to speak in organized opposition; the following appeared: Remonstrance /Opposed: Bill Frey, President of Donnybrook Woods, wanted to be sure everyone had the petition and letter from Donnybrook homeowners —the documents speak for themselves. Jack McKown, 11525 Ralston Avenue, V -P Donnybrook Woods HOA, opposed by reason of density, change in zoning, and character of proposed housing that will not blend with existing homes. Richard Maurer, 1641 Fairgreen Drive, Fairgreen Trace HOA, was opposed by reason of increased traffic. Sally Bratton, 11535 Ralston Avenue, Donnybrook, clarified a statement made last month by petitioner -the petitioner's property does NOT adjoin commercial property. Jim Peraino, 1208 Donnybrook Drive, Donnybrook Woods, is not against future growth, however this proposal does not fit within the immediate community of single family dwellings. Traffic on 1 16 Street is also a huge factor. Roger Kilmer said the petitioner has been in contact with the neighborhood organizations in the area and provided 5 different dates to meet and discuss this proposal prior to the Subdivision Committee meeting on August 5, 2003. The public hearing was then closed. Pat Rice asked the petitioner to respond to Ms. Bratton's comments regarding neighboring commercial property. Mr. Kilmer said he did not have a zoning map readily available; however, he was aware of s: \PlanCommission\ Minutes\PlanConmimissionMinutes\PC2003ju1 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Engeldow and Telemon in the area, although perhaps not immediately adjacent —they are across the street. Dan Dutcher questioned the private streets rather than public and if they will be built to City specifications. Mr. Kilmer commented that this proposal was reviewed by the TAC committee and some concerns were raised by the Fire and Police Departments. However, those comments have been addressed through the design of the site. Even though the streets are being built to City specifications, they will be private streets. Dave Cremeans asked the petitioner to research the private street issue and be prepared to discuss this item at the Committee meeting. The Commission would prefer public streets. Docket No. 77 -03 Z, (03050030) Hearthview Residential PUD was referred to the Subdivision Committee for further review on August 5, 2003 at 7:00 PM in the Caucus Rooms of City Hall. 2h. Docket No. 93 -03 Z; (03060010); Lockerbie Townhomes at Hunters Creek PUD (Rezone) The applicant seeks to rezone a 5 acre parcel from R -1 /Residence and B- 3 /13usiness to a PUD (Planned Unit Development) District designation. The property is located at the southwest corner of Rohrer Road and Marana Drive. Filed by James E. Shinaver of Nelson and Frankenberger for Estridge Development Company. Jim Shinaver, attorney with Nelson Frankenberger, 98 Street, Indianapolis, appeared before the Commission representing the applicant. Also in attendance: Mark Webber, Director of Townehome Development for Estridge Companies, and Cort Crosby of Schneider Engineering. The petitioner is requesting a change in zone classification of a 5 -acre parcel located at the southwest corner of Rohrer Road and Marana Drive, from R -1 /Residence and B -3 /Business to a PUD designation. An aerial photograph of the site was displayed and outlined in white. This property was previously the location of the Carmel Brethern Church; however, the church no longer owns this property and the building is vacant. This site was previously attempted for rezone by Hunters Creek Office Park. At that time, Hunters Creek was seeking a change in zoning to permit office use on this site. The attempt by Hunters Creek to rezone this property was unsuccessful and the Estridge Companies is now under contract to purchase this ground. During the public hearings for the Hunters Creek proposal, the site was described as a troubled site with multiple personalities. The following observations were made at that time. The eastern portion of the real estate is zoned R -I and the western half is zoned B -3; however, s: \PlanCommission\ Minutes\PlanCommmissionMinutes\PC2003ju1 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 the property is also located within the US 31 Overlay Zone which prohibits residential uses and many B -3 uses. To the south is the Meridian Village Shopping Plaza that could be described as a heavy commercial use, and to the north, east, and west are residential subdivisions. Finally, to complicate the matter, the Comprehensive Plan designates this parcel as a regional, commercial employment area within the US 31 corridor. Needless to say, this property can serve, and must serve as an important buffer and transition from the heavy commercial uses to the south and to the residential uses to the northeast and west. During the rezone hearings for the prior office park proposal, the surrounding neighbors of Hunters Creek South clearly stated their desire for some sort of residential use over a commercial use for an office park. With this in mind, the Estridge Companies designed a townehome project that is believed to achieve the important buffering and transitional purpose to the surrounding land uses. Estridge has worked very hard to involve the neighbors of Hunters Creek South in this zonmg process. The applicant has met with the Hunters Creek South HOA Board of Directors, conducted a neighborhood open house for all surrounding property owners who received notice of tonight's hearing, and exchanged and provided information to the HOA Board pursuant to their request. The Estridge family has been developing residential developments in this area over 30 years and it is very important for them to not only build a quality development but to also be a good neighbor. Here follows a description of the townehome proposal. The development will consist of nine (9) buildings containing 34 townehome units, sold to buyers via fee simple conveyance. The units are not rentals and they are not apartments. The individual purchasers will be owners in fee simple. The anticipated base price range is expected to be between $170, and $220,000; however, based on Estridge's sales data, it is typical for their purchasers to spend another $5 to $15,000 on up- grades and improvements to their units. The approximate square footage for the townehomes will range from approximately 1,460 square feet, excluding the garage, to 2,245 square feet, again excluding the garage area. Estridge's marketing data suggests that there is a high demand for this type of product in this area, and they anticipate sales of the townehome units will be swift. The project will be governed by covenants and restrictions that will be enforced by a homeowners' association. Regarding the landscaping, there is meaningful landscaping not only along the perimeter of the entire site but also around the individual building units and internal to the site itself. The landscape plan has been reviewed by Scott Brewer, Urban Forester. Subject to some revisions and adjustments, the proposed landscape plan is sufficient and desirable. Because of the target buyer, the project also includes many aspects of maintenance -free living such as fully irrigated lawns; regular lawn maintenance, including mowing, fertilization; pruning of trees and shrubs; planting, mulching and weeding; and replacement of plants in the front beds. The exterior maintenance includes caulking, painting, brick, siding and roof repair, and structural s: \PlanCommission\ Minutes\PlanCommmissionMinutes\PC2003ju1 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 insurance for the building shell. Snow removal within the project will also be provided as well as common area maintenance and trash removal. Mark Webber, Director of Townehome Development for the Estridge Companies, addressed the Commission and described building materials and architectural features associated with the project. This particular product is currently being built in Westfield. Some architectural features include garages to the rear and large front porches. Each residence has a very distinct entry -way roofline that varies from townehome to townehome. Additional architectural detail includes bay windows and standing -seam copper roofs. The actual building is a brick -wrap all around with the addition of brick gables to the second story line—in some cases all the way up to the gable itself. False dormers have also been added to break up the structure of the roofline. The main body of the roof is an 8/12 pitch, every other gable /entry is a 12 -12 pitch. There are three different building products being proposed; 2 different four -unit buildings, a three -unit building, and a total of 5 different available floor plans. The actual siding product being used is neolight, an architectural shingle -style look that is maintenance free. The windows are high performance, single -hung with internal grills, and brackets in the gables. The exterior trim is an engineered wood product, pre primed, termed Smart Trim. The townehomes have an extensive 3 -year warranty. Jim Shinaver summarized by saying Estridge has listened to the surrounding neighbors of Hunters Creek South and proposed a residential buffer or transition to the heavy commercial use to the south and the residential neighborhoods to the north, east, and west. The applicant concurs with the Department Report that this development proposes qualities that are superior to the type of transition achieved under the current zoning. It is also recognized that this townehome proposal is not necessarily consistent with what is contemplated pursuant to the Comprehensive Plan' any revision or amendment to the Comprehensive Plan for this specific parcel of real estate must be initiated by the Department for referral to the Plan Commission. Therefore, the petitioner is requesting the Department to initiate an amendment to the Comprehensive Plan only for this specific parcel of real estate. This particular townehome product can be seen in a community known as "Centennial," located north of 146 Street and adjacent to Springmill Road, and members of the Commission are invited to preview the existing townehomes. Members of the public were invited to speak in support of this petition; the following appeared: Remonstrance /Favorable Dave Lambdon, 13824 Laredo Drive, president of Hunters Creek South HOA, said they have met with the Estridge Group and had open dialogue and accessibility to plans, etc. The petitioner has been considerate, courteous, and open to the ideas expressed by the Hunters Creek South HOA. The Hunters Creek South HOA voted unanimously to support this proposal with a few minor reservations. Those reservations are not with Estridge but with the City of Carmel and the fact that Rohrer Road has become a "major thoroughfare" and in need of traffic control regarding the speed of vehicles. Also, the HOA feels that a streetlight is warranted at the corner of Rohrer Road and Marana Drive. Also, parking along Marana Drive is a major concern as well as safety. The HOA requests a "no parking zone" on Marana Drive from Rohrer Road to Laredo Drive. s: \PlanCommission\ Minutes\PlanConmimissionMinutes\PC2003ju1 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Members of the public were invited to speak in opposition to the petition; no one appeared and the public hearing was closed. Marilyn Anderson had kudos for the petitioner in working with the neighbors to resolve issues before their appearance at the Plan Commission. Jon Dobosiewicz, Department Report. The Department believes the proposed use offers an appropriate transition from the residential uses to the north and the commercial uses to the south. However, the use is technically not in compliance with the City's Comprehensive Plan that would call for the area to be identified as regional commercial employment within the US 31 corridor Overlay. Pursuant to State Statute, the Plan Commission is to give reasonable regard to the Comprehensive Plan. In past deliberations on this property, the Commission sent an over- whelming, negative recommendation on a previously proposed use to the City Council. It is not necessary to amend the Comp Plan for this one particular parcel, but it is something that we need to make account of and make a part of the record that we did give reasonable regard to the Comp Plan. The proposed use provides a transition that the residents to the north are more comfortable with, i.e. a higher intensity, residential use. The Department did receive a traffic report from the petitioner that indicates AM peak use will generate 23 trips; PM use will generate 26 trips approximately one fourth of the traffic generated by the proposed office development last year. As previously stated, any single development will require action by the City Council in the form of a rezone, whether by a PUD or rezone to another zoning classification within the district. Wayne Wilson commented that this site is unique and does not really front Meridian Street but sandwiched behind. Mr. Wilson said he had worked with the Hunters Creek neighborhood on the previous proposal, and Mr. Wilson was complimentary of the residents and the petitioner for coming forth with a win -win for all involved. Ron Houck asked about the fencing shown in the front yard on one of the exhibits and suggested the Committee discuss where this might be allowed relative to US 31. Also, exhibits B 1 and B2 appear to have different construction materials. Is this true, and will all 9 buildings be the exact, same design? Will there be any variation in regard to brick or color or any material other than brick? Mark Webber responded that the fencing is not proposed on this particular project, but was shown as installed on a previous project. The different look on the B -1 exhibit is a poor quality photo. All buildings are the exact, same color brick, trim, siding, etc. There is no variation in the architectural scheme. There are three different building types within the nine buildings. There are different lengths of buildings and different architectural elements. Dan Dutcher referred to the street lighting mentioned earlier and asked the Committee to review this particular item. Docket NO. 93 -03 Z, (03060010), Lockerbie Townhomes at Hunters Creek PUD Rezone was s:A P1anCommission\ Minutes\PlanComm missionMinutes\PC2003ju1 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 referred to the Subdivision Committee for further review on August 5, 2003 at 7:00 PM in the Caucus Rooms of City Hall. 3h. Docket No. 94 -03 DP Amend /ADLS; (03060011); Three Meridian Plaza First Indiana Bank (Amended Development Plan) The applicant seeks approval to construct a drive -thru banking facility. The site is located at 10333 North Meridian Street. The site is zoned B -5 Business and is within the US 31 Overlay Zone. Filed by Steven B. Granner of Bose McKinney Evans for First Indiana Bank. Steve Granner, Zoning Consultant with Bose McKinney Evans, 600 East 96 Street, appeared before the Commission representing Phoenix Mutual Life Insurance Company, owner of Three Meridian Plaza and First Indiana Bank, a tenant in the Plaza. Also in attendance were Ken Tershe of First Indiana Bank and Kevin Zeller with CSO Architects. Steve Granner apologized for eliminating the overall site plan from the informational packets. First Indiana Bank has purchased Metro Bank and the petitioner previously appeared before the Special Study Committee to replace the previous sign. The plan shows the existing building; Meridian Street to the west, 103 Street to the south, Pennsylvania Street is to the east. Three frontages do create some constraints for this site. The proposed drive -thru bank is located near the northeast corner of the site. As a part of the proposed development, some on -site changes are being made. Along 103 Street, there are two existing curb cuts —one will be eliminated, thereby providing one access point on 103r Street and reconfiguring the parking and aisles within the area. The landscape area and landscaping within have also been increased. As a part of the drive -thru bank, there is a new, proposed point of access on Pennsylvania Street. The Technical Advisory Committee indicated that as Pennsylvania Street is up- graded, there would be a median at this location and the new point of access would be a right in/right out. The petitioner is requesting for both a Development Plan Amendment and the ADLS approval for this site. The proposed sign on the east /west facades will be the same green color as the signs on the main building. The color of the material used in the drive -thru bank will be exactly the same as the office building, silver, metal. The parking has been reduced around the drive -thru and additional landscaping has been added. Two variances are required for this project. Accessory structures must be 25 feet behind the established building line, and in order to comply, the structure would have to be immediately north of the building and would put it closer to US 31. The applicant feels it is better to have the structure closer to Pennsylvania and farther away from US 31, and a variance for setback has been filed. The second variance is to enclose the bottom portion of the sign with the same silver /metal skin. s: \PlanCommission\ Minutes\PlanCommmissionMinutes\PC2003ju1 7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Regarding the right -of -way along Pennsylvania, the applicant has not yet met with the City Engineers, but that issue will be addressed prior to the Committee meeting in August. The lighting portion of the ADLS will also be dealt with at the Committee level. Members of the public in support of the petition were invited to comments at this time. No one appeared except the following for questions and /or comments: Jennifer Eberhardt, 10302 N. Delaware, questioned if there were to be an entrance from 103r Street to parking lot. Also, Pennsylvania Street up -grade happens, at what point will it happen and. This is a heavy traffic intersection, and it is possible it will be increased. Ms. Eberhardt is not opposed to the bank, but asks for increased signage and additional lighting for safety purposes. Department Report, Jon Dobosiewicz. The petitioner has addressed most all concerns. The new entrance on Pennsylvania will require BPW approval through the Engineering Dept. There will be a drive off of 103r currently that is a "U" shaped drive with two points of ingress /egress. This proposal reduces that to a single ingress along 103r Street. Regarding the lighting, there are wall pack fixtures shown in the packets and these are not appropriate for this site. The Committee should review. The Department is recommending this item for forwarding to the Special Study Committee for action on August 5th State Granner confirmed that there is a single access point to the site. The State's plans for the upgrade of US 31 include closing 103r as it comes closer to US 31. The intention is that when 103r is closed, and in conjunction with the upgrade of Pennsylvania Street, the segment of 103r between Pennsylvania to Meridian would likely be vacated and that area would be incorporated into either the office development to the north or the south (or both.) The timing of those road improvements is not known at this time. Jon Dobosiewicz reported that there is no specific timeline in place for the improvement of Pennsylvania between 103r and 106 Street. It is likely those improvements would be made either in conjunction with or prior to the improvements or closure of 103r onto Meridian Street. At that point, 103r would "T" into Meridian and the intersection would be reconfigured and the "round abeam" at that intersection would be eliminated. Ron Hock asked the net effect of parking loss /gain through reconfiguring and how that impacts the parking requirement for this structure originally. If there is a loss, what is the impact to the existing use of parking? Docket No. 94 -03 DP Amend /ADLS, (03060011), Three Meridian Plaza, First Indiana Bank (Amended Development Plan) was referred to the Special Study for further review at 7:00 PM August 5, 2003 in the Caucus Rooms of City Hall. 4h. Docket No. 100 -03 CPA; (03060017); s:\PlanCommission\Minutes\PlanConmimissionMinutes\PC2003juI ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Alternative Transportation Plan (ATP) Amendments Petitioner seeks a favorable recommendation on an amendment to the ATP portion of the Comprehensive Plan. Filed by the Department of Community Services for the Carmel/Clay Alternative Transportation Committee (COAT). Laurence Lillig of the Department of Community Services appeared before the Commission representing the applicant. The Bicycle Route Plan was distributed to Commission members. The revised plan now shows the following: 1) Additional parks that were missing from the original plan; 2) White River has been added to the east side of the community; 3) The Greenways Trail at Cool Creek has been added as a future trail as has the connector between West Park and 126 Street; and 4) The paths at Springmill Road and 136 Street have been changed from facilities to be constructed within two year to existing facilities. The Bicycle Route Plan is intended to be a bicycle user's guide and will be adopted into the Alternative Transportation Plan. The "ATP" has been revised several times. First is the Meadowlark Park Trail extension just south of Smokey Row Road between Meadowlark Park and the Monon Trail. Next is the Old Meridian area that is a part of the Old Meridian District Ordinance and refers the user to the Old Meridian District Ordinance to see the specifics of the trail plan for that area. The 30 -foot right of -way for dedicated trails has been added to the legend. The White River Greenway has been extended to 106 from 126 Lakeshore Drive East has been up- graded to a shared roadway path 106 Street has been amended to reflect the Hamilton County Highway Department's plans. The Village of WestClay commercial area has been added and a shared roadway and path is recommended for this area. The Cool Creek North Trail has been revised to reflect the preferred route. Springmill Road has been up- graded from a shared roadway, path and sidewalks to a separated, parallel, multi -use path that would take bicyclists off the street and onto a separate 10 foot asphalt path, and separated grade pedestrian crossings at 106 Street and Michigan Road. These are all part of the plan to link the Carmel trail system to the Zionsville trail system and take bicyclists across 106 Street without having to cross the State highway at grade. The legend for the overpass and interchange locations along US 31 have been amended the interchange locations call for separated grade pedestrian crossings. This is in response to the US 31 draft and environmental impact statement released last month. The Department would like greater attention paid to how pedestrians and bicyclists cross the divide. The Thoroughfare Plan has been amended to eliminate the road where the path is located between College Drive and Ditch Road. The Department would still like to see a path connected at this point. Finally, the amendment reflects the separated, parallel, multi -use path at the new collector road at 96 Street and Shelbourne Road, 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. s: \PlanCommission\ Minutes\PlanCommmissionMinutes\PC2003ju1 9 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Dianna Knoll asked for a definition of separated grade pedestrian crossing. Laurence Lillig responded that separated grade is a means of separating the grade of the roadway and the level of the pedestrian crossing for greater safety. An example would be the 146 Street bridge where the pedestrian/bicycle crossing is up on a paved level approximately 8 inches above the road grade. Ron Houck asked about the separated, parallel, multi -use path. It is understood that there is a difference in dimension, no minimum right -of -way width, but is it separated from the roadway and if so, by how much? Laurence Lillig explained that the separated, parallel, multi -use path refers to the 10 -foot asphalt paths that would go inside the right -of -way. The separation from roadway would depend upon the amount of right -of -way, determined by classification of the road, but typically between 3 and 5 feet. Dianna Knoll noted that the separated grade crosses Keystone at 7 points —how is that going to look? Laurence Lillig responded that this is not an amendment but a carry -over from the previous ATP. If this plan is implemented as proposed, there will be seven pedestrian bridges, east to west, crossing Keystone. Pat Rice moved to suspend the Rules of Procedure, seconded by Dan Dutcher, approved 10 -0. Pat Rice moved for approval of Docket No. 100 -03 CPA; (03060017) Alternative Transportation Plan (ATP) Amendments. The motion was seconded by Ron Houck and Approved 10 -0. I. Old Business li. Clay Terrace (Development Signage) Docket No. 19 -03b ADLS; The applicant seeks approval an overall signage plan for the Clay Terrace development. The site is located at the southwest corner of US Highway 31 and East 146 Street. Filed by Mark Jang of Lauth Property Group. Paul Reis, 5013 Buckeye Court, Carmel, attorney for the applicant, appeared before the Plan Commission. Also in attendance was Joe Downs, Vice President of Development Operations for Lauth Property Group. s:\PlanCommission\Minutes\PlanConmimissionMinutes\PC2003juI 10 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The petitioner presented the sign package for Clay Terrace to the Special Study Committee on July first. The sign package covers both the overall development signage within the development as well as tenant signage package wherein all tenants must comply. In the course of the review, the Committee requested that the petitioner provide designated areas for bicycle parking together with the appropriate signage for that use, and the petitioner agreed to do so. The Committee voted a favorable recommendation to return this item to the full Commission. Dianna Knoll reported for the Committee. There have been many meetings and review of this proposal and the petitioner has been very workable in meeting the Committee's requests. The Committee voted 7 -0 to return this item to the Commission with a favorable recommendation. Jon Dobosiewicz said the Department is recommending approval of the ADLS as revised and forwarded by the Committee. Ron Houck moved for approval of Docket No. 19 -03b ADLS, Clay Terrace; seconded by Wayne Wilson and APPROVED 10 -0. 2i. 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, attorney, 703 Pro -Med Lane, Carmel, appeared before the Commission representing the applicant. Also in attendance was Todd Andrews, manager of the Carmel Cemetery. The petitioner met with the Committee on July 1, 2003 and has revised the layout from the initial submission. The setback on the southwest border is shown as 30 feet, and there is a 15 -foot utility easement that now runs along that particular border. There is an additional setback that allows for landscaping beyond the utility easment —the total of the setback is 30 feet. The required setback for residential is 45 feet and the petitioner has filed with the Board of Zoning Appeals for a change in the setback requirement. The part of the Monon Trail is an additional 60 feet before it reaches any residential property. On the southern border is a section set aside for the Cool Creek Trail--45 feet at the west side tapering down to 20 feet at the east side. An additional 10 feet of setback has been provided for landscaping purposes. It is agreed with the Cemetery Association that the portion for the trail will be dedicated to the City in fee simple title. The borders along the east and south have been increased to the 15 -foot setback as required by Ordinance for adjoining a business district. In addition, the portion that adjoins US 31 has a 90- s: \PlanCommission\ Minutes\PlanCommmissionMinutes\PC2003ju1 11 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 foot setback requirement and is appropriate at this particular time. However, when the State has determined its needs, the petitioner may return to request additional ability to place cemetery spaces in a portion of the 90 -foot setback. For now, the petitioner is using the 90 -foot setback and the driveway is being slightly modified outside the 90 -foot setback area. The landscape plan presented to the Committee has one variation and that is the area along the Cool Creek Trail —shown as being on the north side of the trail rather than on the actual border to the land. The White Pines shown on the plan will be substituted with Norway Spruce. The Committee also had comments regarding the rules of the cemetery and the upkeep and maintenance. The Cemetery Association agrees that the upkeep and maintenance needs to be enforced according to its rules, and this will be solidified in a meeting of the Cemetery Association Board of Directors prior to the BZA meeting on July 28 In addition to the setback changes for the Board of Zoning Appeals, the petitioner will also be requesting a Use Variance from the BZA to use space as a cemetery. Dave Cremeans reported for the Subdivision Committee. The main points were the change from White Pine to Norway Spruce, dedication of an easement for the trail along the southern portion, and the preparation and submission of a commitment regarding the Maintenance of the existing cemetery. The Committee voted a favorable recommendation, 6 -0. Jon Dobosiewicz said the Department has received a letter dated July 98 that addresses the three conditions specified by the Committee. The Department is recommending approval, subject to those three conditions. Ms. Rice said she had not seen the Maintenance Agreement. Jon Dobosiewicz offered to make copies of that Agreement prior to the BZA meeting. Dianna Knoll asked why this property is still zoned R -1 rather than P -1. Jon Dobosiewicz said that neither the Department nor the petitioner has moved forward with a request to rezone to P -1. The request before the BZA next month covers property within the 31 Overlay, and no Special Uses are permitted, including cemeteries. A cemetery would require a land use under the BZA. Ron Houck asked for clarification of the 90 -foot right -of -way along US 31 and whether or not the applicant is dedicating land. Also, returning at a later date for use of additional space is a question. Jon Dobosiewicz responded that the 90 feet is a build -to line on US 31 that is established for structures within close proximity to US 31. The State initially requested a waiver or variance from that standard, and the State came back with a letter asking that the City maintain the 90 -foot line setback, not a future right -of -way, but a setback. s:\PlanCommission\Minutes\PlanConmimissionMinutes\PC2003juI 12 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Dave Cremeans moved for approval of Docket No. 69 -03 DP /ADLS, Carmel Cemetery, conditioned upon incorporating Norway Spruce into the landscaping, dedication of a trail easement along the south property line, and a written commitment regarding the maintenance of the cemetery; seconded by Pat Rice. The motion was APPROVED 10 -0. 3i. Docket No. 70 -03 ADLS; Alexandria 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. Paul Reis, attorney with Drewry Simmons Pitts Vornehm appeared before the Commission representing the applicant. Mike Gorman, Steve Horman and John Houchin of Edward Rose Properties were also in attendance. The petitioner met with the Special Study Committee on July 1, 2003 to review final revisions to the ADLS application package in response to issues raised at Committee concerning the streets and parallel parking. The revisions also addressed the concerns of the City Engineer's office with respect to street width and also the parallel parking. Following review of the revised plans, the Committee requested that all streets would be constructed to City specifications and the petitioner has agreed. The Committee then voted 5 -2 in favor of forwarding this matter to the full Plan Commission with a favorable recommendation. In addition, zoning waivers in harmony and purpose with the Old Meridian District Ordinance were also reviewed. The waivers do not adversely affect emergency vehicle access or deprive adjoining, non commercial properties of adequate light and air. Dianna Knoll reported for the Special Study Committee. There was a lot of discussion regarding parallel parking, size width depth, and constructing the private streets to City specifications. The Committee felt comfortable in forwarding this to the full Commission with a favorable recommendation. Wayne Wilson had voted in opposition to this Docket at the Committee level. Mr. Wilson said he did not believe the quality of development was acceptable. This is not viewed as an up- scale, apartment complex, and the applicant is not being held to standards utilized in other projects such as Amli and Providence at Old Meridian. The concern is architectural in nature, loss of brick on the back, and knowing that sooner or later the City inherits all private streets, and City streets would require further modification. At some point in the future, the City will have to deal with s: \PlanCommission\ Minutes\PlanCommmissionMinutes\PC2003ju1 13 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 the private streets. Jon Dobosiewicz reported for the Department. Approval is recommended of Docket No. 70 -03 ADLS, Alexandria, 7 -03a ZW, parking space size, 70 -03c ZW, brick exterior, and 70 -03d ZW, planting strip /parking setback. The Department is also recommending approval of Docket No. 70 -03b ZW, subject to the streets being constructed to City specifications and further subject to review and approval by the Department of Engineering and Board of Public Works. Dianna Knoll felt that the product was improved by removing the brick from the back and that it gave some relief to the building— perhaps a matter of personal preference. Ron Houck moved for approval of Docket No. 70 -03 ADLS, Alexandria, seconded by Jerry Chomanczuk and APPROVED 9 in favor, 1 opposed (Wilson.) Ron Houck moved for approval of Docket No. 70 -03b SW, Alexandria, private streets, subject to the construction of the private street to City standards and acceptance and approval by the City Engineer and Board of Public Works. The motion was seconded by Dan Dutcher and APPROVED 9 in favor, 1 opposed (Wilson.) Ron Houck moved for approval of Docket Nos. 70 -03a ZW, parking space size, 70 -03c ZW, brick exterior requirement, and 70 -03d ZW, planting strip /parking setback for Alexandria, seconded by Dan Dutcher and APPROVED 9 in favor, 1 opposed (Wilson.) 4h. Docket No. 79 -03 PP Amend; (03050040); Treesdale Subdivision The applicant is requesting approval of an amended Primary Plat to allow a private street. The site is located on the east side of Towne Road, 1/2 mile south of 106th Street. The site is zoned S -1 /Residence Very Low Intensity. The petitioner also seeks approval of the following Subdivision Waiver: 79 -03a SW (03050041) SCO 6.3.20 private streets Filed by Paul G. Reis of Drewry Simmons Pitts Vornehm for Lucky, LLC. This Docket is being returned to the Subdivision Committee for additional review on August 5, 2003 at 7:00 PM in the Caucus Rooms of City Hall. Following a short recess, the Commission resumed with the business at hand. 5h. 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. s:\PlanCommission\Minutes\PlanConmimissionMinutes\PC2003juI 14 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Jon Dobosiewicz appeared before the Commission representing the Department of Community Services. The Subdivision Committee forwarded a 4 -2 vote of "No Recommendation" to the Commission. The Department forwarded this item on to the City Council with a favorable recommendation. Dave Cremeans reported for the Subdivision Committee. There was a lot of discussion on this item and a lot of remonstrance. There were a lot of issues coupled with this Docket. This Subdivision abuts the road that is being constructed adjacent to the Lowe's site. The issue was making the P -1 District out of a neighborhood association's common area. Marilyn Anderson asked for clarification of the acreage involved. Jon Dobosiewicz responded that there are three distinct parcels involved in the rezone request. The three parcels total 13.69 acres. The owner of record for the property on the east side of the Creek is Keith Albrecht. The owner lives in Foster Estates. Dave Cremeans confirmed that the president of Foster Estates HOA had spoken at Committee for the homeowners, but not for Keith Albrecht specifically and individually. The owner of the property had said that he was going to dedicate this property and leave it in its natural state; he was supposedly in favor of making it P -1. In response to questions from Dianna Knoll, Jon Dobosiewicz said the Laura Vista Subdivision is located south of the area highlighted, and developers of those subdivisions have attended previous meetings. Pat Rice commented that this is indeed a unique situation and her conclusion is that a rezone is needed to preserve this land from future development and commercial use. Marilyn Anderson agreed that the deliberations on this Docket have been difficult. The concern is for the common area and the possibilities for future development. Perhaps, by rezoning to P -1, the Commission can ensure that the flood plain is not built in, the trail could go through, the area is preserved for recreational use, and the trees preserved. Ron Houck was concerned with procedure. Mr. Houck said he is struggling with the idea of converting common area owned by a subdivision to the P -1 zone. If the intent is to protect the adjacent residential areas from development that potentially could encompass the Danbury area, there are zoning standards in place in terms of buffer, etc. that would force sensitivity to the adjacent areas as well as inter- connection of trails and things typically requested of developers. It is unfortunate that this was all "bundled together" and it would be easier if the common area of Danbury were not included in the original proposal in voting in favor of this rezone. As currently structured, it is difficult to support the concept of the P -1 zone for common area of the subdivision. s:\PlanCommission\Minutes\PlanConmimissionMinutes\PC2003juI 15 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Dave Cremeans moved to forward Docket No. 11 -03 Z, Danbury Common Area and other parcels (P -1 Rezone) to the City Council with a positive recommendation, seconded by Jerry Chomanczuk. The vote on Dave Cremeans' motion was 5 in favor, 5 opposed (Wilson, Blackman, Houck, Cremeans, Haney). No decision vote. There was discussion regarding splitting the parcels and separating the Danbury Common Area from the mix. Ron Houck suggested removing the common area from discussion and returning the Danbury Common Area to the Committee; Pat Rice concurred. Dave Cremeans then moved to forward Docket 11 -03 Z, excluding the Danbury Common area, to the City Council and vote on the two, triangular parcels. At a later date, the Danbury Common area could return to the Commission for a vote. Wayne Wilson seconded the motion. Following comments by Ron Houck, Dave Cremeans withdrew his motion; Wayne Wilson withdrew his second. It was then formally determined that this item would be split into Docket No. 11 -03a Z, and 11- 03b Z. Docket No 11 -03a Z, Danbury Common Area, was returned to the Subdivision Committee for further review on August 5, 2003 at 7:00 PM in the Caucus Rooms of City Hall. Dave Cremeans moved to forward Docket No. 11 -03b Z., the two other parcels of triangular shape, (P -1 Rezone) to the City Council with a favorable recommendation. The motion was seconded by Ron Houck; the vote was 9 in favor, 1 opposed (Wilson). 6h. 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. Jon Dobosiewicz appeared before the Commission representing the applicant. The Department is recommending this item for forwarding to the City Council with a favorable recommendation. The R -4 zoning designation is consistent with the Danbury Subdivision. A portion of the property lies within the flood plain. The Committee forwarded this item to the full Commission with a 5 -1 favorable recommendation. Dave Cremeans reported for the Committee. The owner of the property was notified of the rezone but did not appear at the Committee level. There was one dissenting vote at Committee. In response to Ron Houck's question regarding certified mail notice, Jon Dobosiewicz stated that certified mail notice was sent to property owners within 660 feet or 2 properties deep as well as the subject property. The property owner did receive the letter. s: \PlanCommission\ Minutes\PlanCommmissionMinutes\PC2003ju1 16 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Dave Cremeans moved to forward Docket No. 12 -03 Z, 146 Street just east of Danbury Subdivision (R -4 Rezone) to the City Council with a positive recommendation. The motion was seconded by Stephanie Blackman and Approved 9 in favor one (1) opposed (Wilson.) 7h. Docket No. 39 -02 OA, 40 -02 OA Amendments to the Carmel/Clay Zoning Ordinance Use Table Adoption Definitions Amendment (Text Amendments) The petitioner seeks to make amendments to the structure of the Ordinance relating to uses, add definitions and group all definitions into Chapter three of the Ordinance. Filed by the Department of Community Services. Jon Dobosiewicz appeared before the Commission representing the Department. The Definitions Amendment has been discussed for some timeit ties in all of the ordinance definitions in Chapter 3. As opposed to labeling uses within each separate zoning district within the Ordinance and creating cross references, a Use Table is being created that will provide for easier dissemination by the Department as well as the public. The Department is recommending favorable consideration and asks that the Commission forward this item to the City Council with a favorable recommendation. Dave Cremeans reported for the Committee. The Use Table is not perfect, but anything that is flawed can be corrected in a "Patch" Ordinance at a later date. The Committee voted unanimously to forward this to the Commission. Wayne Haney commented that the Use Table is the best tool rather than going through all of the narrative. Dave Cremeans moved to forward Docket Nos. 39 -02 OA and 40 -02 OA, Amendments to the Carmel/Clay Zoning Ordinance Use Table Adoption Definitions Amendment (Text Amendments) to City Council with a positive recommendation. The motion was seconded by Ron Houck and approved 9 in favor, 0 opposed. (Wayne Wilson was out of the room when the vote was cast.) POINT OF CLARIFICATION John Molitor reported on the content of commitments for the P -2 rezone for Earlham College. Mr. Molitor said he has drafted commitments. The main thrust of the discussion on July 8, 2003 was to table any further consideration of the Rezone proposal until March 2004. It is difficult to determine what happens after March. The draft provides an additional 90 days for response by the City Council after it is forwarded to them; therefore, the end date is June 30, 2004. This was s: \PlanCommission\ Minutes\PlanCommmissionMinutes\PC2003ju1 17 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 agreeable to the Commission. There being no further business to come before the Commission, the meeting adjourned at 10:00 PM. Marilyn Anderson, Vice President Ramona Hancock, Secretary s:\PlanCommission\Minutes\PlanConmimissionMinutes\PC2003juI ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417