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HomeMy WebLinkAboutMinutes PC 08-21-07City of arme D10 CARMEL PLAN COMMISSION August 21, 2007 Minutes The regularly scheduled meeting of the Carmel Plan Commission met at 6:15 PM in the Council Chambers of City Hall, Carmel, Indiana on Tuesday, August 21, 2007. Members present: Leo Dierckman, Jay Dorman, Wayne Haney, Kevin Heber, Rick Ripma, Eric Seidensticker, Carol Schleif, Sally Shapiro, Madeleine Torres, and Susan Westermeier, thereby establishing a quorum. DOCS Staff Present: Mike Hollibaugh, Director; Angie Conn, Adrienne Keeling. Also present: John Molitor, Legal Counsel. Eric Seidensticker was sworn in as the City Council Appointment to the Plan Commission, thereby fulfilling the vacancy created by Brian Mayo's departure. Minutes of the July 17, 2007 meeting were approved as submitted. John Molitor, Legal Counsel reported the results of the Executive Committee Meeting on August 7, 2007 regarding the enactment of additional Rules in Procedure regarding the Commission's responsibilities under the Open Door Law. A new statute enacted applies to the "serial meetings" problem and this will be discussed in depth at the end of the meeting. The proposed additional Rules would essentially implement those new statutes for the Plan Commission. The Executive Committee has recommended that the proposed additions to the Rules of Procedure would be adopted by the Plan Commission. This will be discussed later at the end of the evening. Angie Conn reported that Items 4H and 5H, the petitions for Rezone and Primary Plat for 146 Gray Road Office Complex have been Tabled to September 18, 2007 due to inadequate public notice. Also, the Department is requesting that the Commission re -order the Agenda to hear items 3H and 1 J. concurrently. (Pro Med Lane Holiday Inn) H. Public Hearings 1H. Docket No. 07070024 Z: SW Old Town C -2 Rezoning The applicant seeks approval to rezone 57 parcels from R -2 /Residence, B- 1/Business, 13- 2/Business, B-3/Business and I -1 /Industrial to C -2 /Old Town. The sites are located in Old Town and along Third Avenue SW. Filed by the Department of Community Services. S P1anCommission /Minutes/PC /2007aug21 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Adrienne Keeling, Long Range Planner, Department of Community Services, City of Carmel appeared before the Commission representing the applicant. Also in attendance: Michael Hollibaugh, Director, Department of Community Services; Les Olds, Director, Carmel Redevelopment Commission. The City is proposing to rezone several parcels in Old Town in areas just to the southwest of Old Town to the C -2 /Old Town District. In requesting the rezone, we are considering a number of items. Currently, many of the areas are zoned Industrial and Business Zones with a few parcels zoned R -2 Residential. Land Use is one of the major reasons for requesting the rezone. A C -2 zone would allow business and residential to co -exist in a mixed -use environment. The current zoning of many of these parcels would not currently allow residential property to exist today. Also to be considered with this rezone is the approval process. So that review efforts are not duplicated between the Carmel Plan Commission and the Carmel Redevelopment Commission, the C -2 Old Town district establishes a process by which the Carmel Redevelopment Commission is the lead review and approval body. The Redevelopment Commission approval is then subject to the Carmel Plan Commission Hearing Officer approval facilitated by the Plan Commission Hearing Officer. The third major point about C -2 in that it is different than other zones —only the City of Carmel can petition for a C -2 zoning, not an individual property owner. The majority of these properties are either already owned by the City of Carmel, the Carmel Redevelopment Commission or a business land owner who has requested to be included in the rezone. Public Remonstrance, General/Favorable Joy Stafford, Chair of the Business Issues Committee, Carmel Chamber of Commerce. The Committee unanimously agreed to forward this proposal to the 14 Members of the Chamber Board of Directors for decision and they support this proposal for the following reasons: 1) Owners of properties involved have initiated this action. 2) The Rezone maintains the goal of continuing to provide mixed -use development in the Old Town area. 3) The current zoning would not allow residential development in much of the designated area and would maintain traditional zoning of business types instead of community use. 4) More coordinated development can occur with re- developers working directly with CRC. 5) The rezone has the potential of furthering and enhancing the development of the Carmel's downtown and Monon Trail area, providing greater opportunities for businesses in an area of increased interest and value. Judy Hagan, 10946 Spring Mill Lane, Carmel stated no opposition to the petition. For purposes of clarification, none of the parcel numbers under consideration for rezone include anything that is commonly known as the Monon Greenway property. Remonstrance /General/Unfavorable S:/ P1anCommission /Minutes/PC /2007aug21 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 George Seidensticker, 10819 Jordan Road, Carmel, owner of the property on which Maco Press resides. Mr. Seidensticker appeared before the Commission previously when the previous, potential owners of the Third Avenue properties were requesting a PUD for this area. My concerns are essentially the same. On the part of Carmel, the City has been disingenuous to those of us who have businesses that are considered light industrial. With this rezone, there is precious little land left in Carmel where light industrial businesses can locate. The Maco Press operation was moved from Indianapolis in 1965 and has been good members of the Carmel community since then. We have paid our taxes and done everything expected of us. The problem that we have, being that one last piece —and I will have you know that because of the apparent property values that will occur and the prices for which some of this property has changed hands in the last six (6) months, the assessor increased the assessed value of the land on which we sit by 600 -on appeal down to 500 There is no way a business like Maco Press can compete in the market place paying the kind of taxes we are now faced with paying. Selling the property and re- locating is not an easy solution. Moving the printing plant is extremely expensive and loss of revenue due to down time-4 to 6 weeks would be very costly and unable to serve customers in the interim. By getting rid of all the industrially zoned property, the City will have blood on its hands—potentially killing a business and affecting the lives of at least 7 loyal employees. If there is some way for the City to help at the last hearing, it was suggested that I talk to the people who were buying up the property through their broker —and nothing came of it. With the new people who are in possession of the property, there have been no conversations whatsoever. Frankly, we are between a rock and a hard place —thank you very much, City of Carmel. Dick Slowinsky, Club K -9, 457 Third Avenue SW, said he is on a 3 to 5 year lease; his landlord says it is up to the Plan Commission what happens to folks who are on leases in this area. When zoned to C -2, only I -1 is available for doggie -day care which is what we have—we are the only ones in Carmel and we are growing and servicing a lot of clients. This is a question and statement at the same time. Mike Tate, representing the Carmel VFW, was neither for nor against, but wondered what the advantages and disadvantages are of changing the zoning on the property. The VFW is the owner of the property and has not requested the rezone. Terry Fleck, 225 First Street SW, across the street in R -2 zoning, was in favor of the redevelopment, but questioned the process. Once rezoned, what gets developed there? We live in a historic home built in 1883it is one of the original land -mark homes of the City of Carmel in the southwest quadrant. It is a concern and a curious question where does it goes from here? Rebuttal: Les Olds, Director of Carmel Redevelopment Commission: Regarding the VFW comments, we have had a series of discussions earlier with the VFW pertaining to thoughts and ideas for this block. We, the CRC, have taken liberties in terms of designing a number of concepts on the entire block which would include a new VFW facility. The developer has been reluctant to discuss in detail with VFW his concept in plans again, until we get some clearance and clarity on the rezoning. Apologies to the VFW for not being more fully in contact on the issue. S:/ P1anCommission /Minutes/PC /2007aug21 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Adrienne Keeling, DOGS: Regarding the Monon Greenway and Judy Hagan's comment—No parcel is a part of the Monon Greenway. Regarding the Maco Press parcel —the petition for rezone does not include that parcel. The market has been very active in this area and we know that prices have gone up. The City is looking into places to incorporate industrial uses within the community, maybe through better site design; that also holds true with the Club K -9 question. Regarding the process —the City Council makes the legislative decision whether or not to rezone or to leave zones intact. In the event of rezoning to C -2, the Carmel Redevelopment Commission would be responsible for review and approval of the projects, also subject to the Plan Commission Hearing Officer process. Leo Dierckman asked if the Doggie Day Care would be "grandfathered" under existing use and if this would be a private matter relative to the lease terms between the tenant and landowner. Adrienne Keeling confirmed that any business operating may continue to operate as they are today and yes, it is a matter between the tenant and the landowner as to the timing of when it may or may not phase out. Department Report, Angie Conn: The Commission has the option of sending this to the Special Studies Committee for further review or, if the Commission is comfortable with this rezone request, they could waive the Rules of Procedure and vote on this item this evening and forward to the City Council with a favorable recommendation. Eric Seidensticker referred to the map and pointed out that one of the properties is residential and it looks like spot zoning. Les Olds said the owner of that particular piece also owns the property at Monon and Main Street. The owner came to the City and asked to have the Monon and Main property taken to C -2 as well as the individual piece of property. Carol Schleif commented that she found the R -2 zoning to be out of place in this area—C-2 allows four stories and a lot of these homes are one-story—to allow a similar project of what was proposed to the BZA by this person a while back would be destructive to this neighborhood and against the Comprehensive Plan. Carol Schleif suggested removing the three properties in question from the rezone proposal. Mike Hollibaugh, Director of DOGS, said the three properties are consistent with zoning to the east of the area. The petitioner has requested and is working with CRC on their project—it is not an unreasonable request. The Department understands the concerns regarding properties on First Avenue. Those properties on the north side of First Avenue —the owner wants to keep those homes in place for the short term —there is an alley that separates the two, and he would need to work with the City to encroach and for adequate buffering. At this time, the Department would prefer to keep the proposal intact. S P1anCommission /Minutes/PC /2007aug21 fl ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 After further discussion, Leo Dierckman asked that the three properties would be eliminated for the time being. If it becomes compelling, the CRC can come back to pursue those parcels at a future date. Adrienne Keeling stated that the three properties are identified by street address —not parcel numbers—on the map: 220 First Street SW, 230 First Street SW, and 311 First Street SW. The CRC agreed to remove the three referenced parcels from the current proposal. Eric Seidensticker made formal motion to send this item to the Special Studies Committee. John Molitor commented that the Rules of Procedure normally would empower the Commission to send this item to whichever Committee it feels is correct. If someone does NOT want to send this item to Committee, it would require a suspension of the Rules of Procedure and it would be forwarded to the City Council without Committee review. A suspension of the Rules of Procedure requires a two thirds vote. The norm is to send this item to Committee. Kevin Heber made formal motion to suspend the Rules of Procedure, seconded by Madeleine Torres. The vote was 4 in favor, 6 opposed (Haney, Westermeier, Schleif, Shapiro, Seidensticker, and Dierckman) motion failed (2 /3r majority required) Leo Dierckman announced that Docket No. 07070024 Z, SW Old Town C -2 Rezone would be forwarded to the Subdivision Committee for further review on September 4, 2007 at 6:00 PM in the Caucus Rooms of City Hall. 2H. Docket No. 07070023 OA: Qualifying Subdivision Exemptions Amendment The applicant seeks to Amend the Zoning Ordinance, Chapter 5: S -I /Residence District, Chapter 6: S -2 1Residence District, Chapter 7: R -I /Residence District, Chapter 8: R- 2 /Residence District, Chapter 9: R -3 1Residence District and Chapter 10: R -4 1Residence District, in order to delete exemptions from the lot area and lot standards in qualifying subdivisions. Filed by the Carmel Department of Community Services. Adrienne Keeling, Department of Community Services, City of Carmel appeared before the Commission representing the applicant. The proposed Amendments to the zoning ordinance relate to exemptions for Qualifying Subdivisions. The Carmel City Council passed a resolution on June 18, 2007 requesting that Chapters 5 through 10 of the Zoning Ordinance would be amended to delete the exemptions for lots in qualifying subdivisions. Qualifying Subdivisions are often referred to as ROSO (Residential Open Space Ordinance) Subdivisions —they are major subdivisions including five or more acres and 5 or more lots, including community water and sewer which meet the standard Open Space Requirement. Most of the Subdivisions that come through the Plan Commission are considered ROSO or Qualifying Subdivisions and are generally characterized by anything including lots less than one acre —more recently, within the past year, anything with less than a gross density of point eight five dwelling units per acre. S:/ P1anCommission /Minutes/PC /2007aug21 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Currently, these lots are only subject to the requirement that the distance between dwellings would be six feet. The amendment would effectively eliminate the flexibility that the ROSO lots have and they would need to meet the S -1 through R -4 lot area and set -back requirements. The amendment would require all lots— whether the subdivision has open space set aside or not—to meet these standards. 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. Department Comments, Angie Conn: The Department is recommending that this item be sent to the September 4 th Subdivision Committee meeting. Leo Dierckamn asked if the proposal would have any effect on existing, approved subdivisions or anything in the process of approval. Angie Conn responded in the negative —the approval of the amendment would not affect prior approved subdivision or anything in the process of approval. John Molitor pointed out that the amendments would not apply to any subdivisions that might be proposed in the future as PUD's. It only applies to those that are in these districts and remain in those districts. Carol Schleif commented that the proposal allows the zoning to be utilized and requirements stay as requirements. It is already on the books. Jay Dorman made formal motion to suspend the Rules of Procedure, seconded by Sally Shapiro, Approved 10 -0. Carol Schleif made formal motion to forward Docket No. 07070023 OA: Qualifying Subdivision Exemptions Amendment to the City Council with a positive recommendation, seconded by Jay Dorman, Approved 10 -0. 3H. Docket No. 07030035 DP: Pro -Med Lane Holiday Inn The applicant seeks site plan approval for a proposed full- service hotel. ADLS is under another docket no. below. The site is located at 136"' Street and Pro -Med Lane, and is zoned B-6/Business within the US 3I/Meridian Street Overlay. Filed by Stacey of DeBoy Land Development Services, Inc. for Justus Home Builders, Inc. NOTE: Items 3H and 1J were heard together. Dave Coots, attorney, Coots, Henke Wheeler, 255 East Carmel Drive, appeared before the Commission representing Mid -West Hospitality. Also in attendance: Sanjay Patel, Mid -West Hospitality; Stacey Fouts and Collin Patterson, DeBoy Land Development. The proposal is for a Development Plan for the property located at 136"' Street (Smokey Row) and Pro -Med Lane, and Old Meridian Street. Immediately to the east of the site is the Justus Office Development that was heard by the Commission previously. Tri- County Mental Health is to the south of the site; to the north and S:/ P1anCommission /Minutes/PC /2007aug21 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 west of the site is US 31. Farther to the east of the site, beyond the Justus parcel is a condominium, single family development. The property is encumbered by a series of covenants that were adopted in the early 1990's when this real estate was originally presented to the Plan Commission for the development of Tri- County. Those covenants affect the development standards, uses, building height, elimination of an entrance from Smokey Row Road, a tree preservation plan, requirement of a traffic study, requirement for certain road improvements to be performed and sidewalk installation on Smokey Row Road during the development of this particular piece of property—actually this property and the Justus property. The property is also encumbered by a variety of utility easements that were granted by the owner at that time to the City of Carmel for road improvements and sanitary storm water drainage as well as utilities. The Development Plan being submitted is for the purpose of constructing a four story, 106 -room Holiday Inn on the parcel that enters off of Pro -Med Lane—it does not have an entrance off of Smokey Row Road or Old Meridian. The parcel does have an entrance on the southwest portion as well as at the cul -de -sac that serves the Justus parcel and goes on to service the development to the south of this site. The comments from the DOCS Staff address an issue that the petitioner is still in the process of working out and that is the parking requirement for a development of this type. A hotel is a permitted use in the Overlay Zone, assuming that it has a conference facility and a full- service restaurant capability. The two latter requirements add to the parking requirement that boost the total requirement for this site to 154 parking spaces —the site plan provides for 111. The petitioner will work with the adjacent owner and/or the Plan Commission for parking requirements. The petitioner is still in the process of ironing out this major issue. The building is oriented to the east and west, the signage would be on the east and west. The sign on the east does not face a public street and may need to be moved to the north; however, its orientation to US 31 might dictate putting the sign on the east. Nonetheless, the signage size conforms to the Ordinance and is shown in the informational booklet as 16 %2 feet by 4 feet, 8 inches, total square footage is 76 square feet. The signage will be green during the day, white at night. The materials range from a terra cotta color brick or masonry unit and terra cotta and white EFIS material, and the translucent white window paneling. The lighting is per the photo metrics included in the informational booklet. The lighting fixtures in the parking area are down directional lighting; those that are on the ground that wash the elevation of the building are also shown in the booklets and are designed to provide night lighting /accent lighting, as well as security lighting. Included in the Development Plan, per the Department's request, is a 10 -foot multi purpose path along Smokey Row Road, even though at present there is no access from the site to the roadway. Those matters are being addressed by the Consulting Engineer and the report is in process. Public Remonstrance /Favorable: None Public Remonstrance /Organized, Unfavorable Norman John Kerr, 13595 Kensington Place, Managing Partner of Kensington Partners (Townhomes.) Mr. Kerr expressed concern with economics that could affect the property values of existing homes and also negatively affect the sale of the three remaining lots in Kensington Place. Another concern is signage that would reflect on Kensington Place and concerns with a full service restaurant that could have the 24/7 atmosphere of the smells from a restaurant wafting over to Kensington Place. Obviously, at certain times of S:/ P1anCommission /Minutes/PC /2007aug21 7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 the day at Guilford, Smokey Row Road, Old Meridian, it is almost impossible to gain access to the site. The best use for this site would be office space; the site is not adaptable for a Holiday Inn Express. Kensington Place is partially within the 31 Overlay Zone and complies with the Overlay requirements. Mr. Kerr recommended that any building built on this parcel of land would be required to comply with the Overlay Zone as well. Sharon Oldham, 13534 Kensington Place, HOA president. One concern is access —the only way to get into Pro -Med Lane is one entrance at Smokey Row Road. Smokey Row is the main road that all of the west side school students use to get to and from the High School. The area residents are concerned with the traffic and the additional traffic a hotel will bring to the area. At the last meeting, we asked if a traffic study had been done and to date, we have no knowledge if one was done and if so, what were the results? The residents are also concerned about the lack of parking spaces —there are 40 fewer spaces than required, and that does not even provide for parking for the workers for the Holiday Inn. There needs to be adequate parking for office workers, construction workers, conference room users, and for the restaurant users and workers. There is no place to park on Smokey Row Road or adjacent communities. General Public/Unfavorable: Virginia Kerr, 13595 Kensington Place, (former Plan Commission member) asked that a wise choice would be made by the Commission regarding this petition. Ms. Kerr also asked if a traffic study would be appropriate and if so, could this be tabled until a traffic study is completed. Ms. Kerr thought there was a requirement in the Overlay that no more than 65% of the parcel could be developed —the way this project is being presented, it looks as if that particular requirement is not being adhered to and now is not the time to deviate from that. Ms. Kerr asked that the petitioner would be required to meet all the requirements of the Overlay Ordinance with no exceptions in this particular instance. Joe Shumaker, 2243 Glebe Street, stated concern with this project which features a flat roof and a considerable amount of impervious concrete in an area currently occupied by green space. There is no indication that there are efforts being made to create a sustainable development—no evidence of LEED application or anything that might positively impact this site from an environmental standpoint. These are general comments, but they apply to this specific project—Mr. Shumaker was not in favor of this petition. Gary Doxtater, 13559 Kensinton Place, spoke of the environmental aspects of development in this area and asked that the Commission keep in mind the cumulative impact of adding, adding—looking at a project and making a decision, looking at another project and making a decision, etc. The 31 Overlay is an attempt to look at the big picture of this area. When we look at a small area such as this site, the cumulative impact— traffic, noise, parking, drainage, and there are numerous other sociological factors that are difficult to measure but must be considered. Mr. Doxtater asked that the Commission look at the big picture and the environmental, cumulative impact should be considered in making a planning decision. Sherry Daube, 410 Wildwood Drive, stated that when this property was developed and rezoned in 1990, we were surrounded by all residential area. In recent discussions, a lot was made of the issues being discussed this evening —environment, roads, etc. The other thing is that in the discussions, the proximity to the hospital and the type of facility medical even the name implies Pro -Med Lane, medical and office -type facilities that would be consistent (architecturally) with the residential area around them —this is what helped sway the group at that time. So, the current owner bringing in all of these single projects that are not related in any way to the medical facilities that this is presently zoned for does not make any sense at all. Public Hearing Closed. S:/ P1anCommission /Minutes/PC /2007aug21 g ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Rebuttal, Dave Coots: The Traffic Study is a requirement of the covenants that were adopted in 1994 that permitted the original development plan to occur. A &F Engineering has been asked to perform a traffic study and that is to be a joint effort between the developer and the City of Carmel. The parking issue and the 65% lot coverage issue must be met or varied by the Board of Zoning Appeals. The petitioner is required and has presented a tree preservation plan consistent with covenants adopted in 1990. As to use, the property is zoned B -6 and this is a permitted use, assuming the requirements are met. It is not confined by covenant or otherwise to a medical use. If we meet the underlying development standards, we are a permitted use and fall within the B -6 zone classification. Regarding signagewe are one property away from Kensington Place and any illumination of the Kensington area —the applicant states that he will consent or ask that the sign be moved to the north face of the building, away from Kensington Place —this could be explored further at Committee. Depatmenht Report, Angie Conn: The Department has several concerns as well as the neighbors, and the Department is recommending this item be forwarded to the September 4th Special Studies Committee meeting for further review. Commission Comments: Carol Schleif recommended Tabling, since no landscape plan or tree preservation plan has been submitted the drawings are difficult to read—parking is way off. Lot coverage is an issuea lot of trees are being clear cut, the preservation plan has not yet been received by the City Urban Forester and there is not a landscape plan that shows any sensitivity. This petition is just not ready yet and needs some major work. Sue Westemeier agreed with Ms. Schleif, further stating that the Commission cannot move forward if the stated issues are not addressed, i.e. traffic study, parking spaces, 65% lot coverage, tree preservation, etc. There is really no reason to go forward until these issues are addressed—recommend tabling at this time. Leo Dierckman said he would rather see this item tabled at the Committee level rather than the full Plan Commission level. Dave Coots said that if the issues are not met by August 31S the petitioner is willing to table this item. Carol Schleif said she had some issues with the elevations and wanted to look at it prior to Committee review. Madeleine Torres agreed—incomplete information is not good—we don't want a ton of loose ends at the Committee level. Sally Shapiro asked about the 31 Overlay and the placement of parking in relation to the building. Angie Conn said this site is a little different and not exactly on US 31. Jay Dorman asked if the petitioner was at the maximum height of 50 feet (yes) and whether or not the other hotels in the area such as Hampton Inn, SpringHill Suites, Hilton Garden Inn, all have the same type of venue —come in for breakfast, maybe a snack before dinner type of thing. The parking spaces shown on the site plan--does this reflect the maximum or minimum number of spaces for a 106 room hotel? Dave Coots said the number of parking spaces recited is the minimum number for a 106 room hotel. S:/ P1anCommission /Minutes/PC /2007aug21 9 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Jay recommended that the petitioner submit an aerial map showing placement of the Justus Office Building next to what is being proposed —then we can understand the entire site plan. Is there any provision for overflow parking, perhaps the Justus Office Building, so that it would not necessitate taking down all of the trees. Jay agreed that this item should be sent to Committee. Leo Dierckman asked that the Department be a much tighter door control on what goes to Committee—in fact, if need be, Leo recommended that each chair person go over the Agenda with the Staff before it is published the concern is that we are getting a lot of petitions that are not fully prepared to come before the full Commission. All we are doing is creating a lot of un- necessary concern and aggravation. Eric Seidensticker asked for clarification on the amount of parking—at 106 rooms, maximum guests at 103 is this an error? How many employees does it take to operate the facility? Sanjay Patel, Midwest Hospitality Inns, Indianapolis, stated that the maximum number of persons to operate the hotel is 7 at any given time, including weekends. Carol Schleif commented that on July 7 she sent a list to the Staff asking for drawings, errors corrected in the drawings, a lighting plan (the only thing of the seven that has come through) a list of things, and only one or two of these items has been submitted. I have been asking for these every time this has come up—my concern is that this will continue in Committee. Rick Ripma asked if there was a conference area with this hotel (yes) and are you not planning on having anyone attend the conference rooms? Dave Coots said the Ordinance requirement is 40 square feet per room which computes to 4200 square feet and requires one parking space per 150 square feet of conference area in addition to the 106 parking spaces for the rooms. The anticipation is that the conference center is used by the hotel guests—we need to work this out with the developer as well as the land owner, Justus, as to whether or not there is room on the adjacent site for a cross parking easement. We do fall short of the Ordinance requirement, given those parameters. Rick Ripma: There are 106 parking spaces? (actually 111) How many are required? (154) You are well short! Wayne Haney reiterated that the Commission needs to see the entire development, including the Justus Property next door for an overall view and evaluation. Kevin Heber thought that this proposal was obviously not the best use of this land. Docket No. 07030035 DP: Pro -Med Lane Holiday Inn and Docket No. 07070009 ADLS, Holiday Inn at Pro -Med Lane were referred to the Special Studies Committee for further review September 4, 2007 at 6:00 PM in the Caucus Rooms of City Hall. TABLED 4H. Docket No. 07070003 Z: 146th Gray Rezone (146th St Office Complex) TO The applicant seeks approval to rezone 11.6 acres from S -1 /Residence to B- I/Business SEPT 18 for an office development. The site is located at the southeast corner of 146"' St. and Gray Rd. Filed by Kelli Lawrence of Hearthview Residential, LLC. S:/ P1anCommission /Minutes/PC /2007aug21 10 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 TABLED 5H. Docket No. 07070004 PP: 146th St Office Complex The applicant seeks primary plat approval for 5 lots on 11.6 acres. The site is located at the SEPT 18 southeast corner of 146"' St. and Gray Rd. and is zoned S -1 /Residence, pending a B -1/ Business rezone. Filed by Kelli Lawrence of Hearthview Residential, LLC. 6H. Docket No. 07070005 DP /ADLS: Old Meridian Professional Village The applicant seeks site plan and design approval for 7 buildings on 6.25 acres. The site is located at 12346 Old Meridian St. and is zoned OM/O Old Meridian District, Office. Filed by Paul Reis of Bose McKinney Evans for ALTA Business Communities LLC Paul Reis, attorney, Bose McKinney Evans, 301 Pennsylvania Parkway, Suite 300. Also present: Tom Ireland, developer, ALTA Business Communities LLC. An aerial of the site was shown; the site is within the Old Meridian District. There are two streets involved—Pennsylvania Street to the west, and Old Meridian Street to the east. Hamilton Crossing Retail Center is to the west, Opus North is northwest, Meijer shopping center, John Kirk Boat sales to the south, and the new round -about that is currently being constructed. The project has been over -laid onto the site and shows the round about, the buildings north on Old Meridian Street, and the buildings along Pennsylvania with most of the parking in the center of the site. At the time the road was being built, the City did not acquire the entire amount of right -of -way per the Thoroughfare Plan. The petitioner is required under the zoning ordinance to dedicate an additional ten (10) feet of right -of -way to the right -of -way of Old Meridian Street. With the additional right -of -way, the size of the site, and the connector road shown on the Thoroughfare Plan, the complexion of the development was changed and the petitioner will be seeking variances. Also, within the Old Meridian District, there is a two occupiable floor requirement; that posed a problem as well. The petitioner is seeking a variance with regard to the two occupiable floors but will maintain the height requirement. There are four, two -story buildings and those elevations were shown. A 5,000 square foot building was shown, one occupiable floor, with the height of the building meeting the Old Meridian District requirement so that the streetscape will be maintained. The architectural style of all of the buildings is consistent and meets the height requirement of the District. Building D is the smallest and is being shown as a potential bank/financial institution, located at the smallest part of the development —the location of the drive -thru will be the challenge. The petitioner is proposing to move the drive through away from Old Meridian Street, towards Pennsylvania Street, so that pedestrian traffic will be safer —this is one of the variances being sought. Overall, the plan calls for 88,700 square feet of gross floor area, 12,500 square feet of which is only one story and accounts for 14% of the gross floor area —well under a 35% waiver perspective. The petitioner feels that this is an appropriate development plan for this site and has sized the buildings accordingly. One of the variances will be a Use Variance to allow this building to be potentially a S:/ P1anCommission /Minutes/PC /2007aug21 11 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 bank. The petitioner has also requested that the set -back line be reduced from 20 feet to 10 feet this is critical along Old Meridian Street because of the additional right -of -way being given and to also maintain parking. The variance will allow provision for the streetscape /landscape plan that is required. The petitioner is working with Scott Brewer on some of the landscape issues. The photo- metric plan is being revised at present and will be submitted for Committee review. Cut sheets of the fixtures for the parking areas and accents on the buildings are being provided. The signage proposed for the buildings will be white -face with bronze returns. The dumpster enclosure was shown as well as center identification and directory signage. The site plan shows the location of the various signs. The petitioner is continuing to work with Engineering with respect to drainage issues, thoroughfare/ right -of -way issues, and variances. The petitioner will be appearing before the Board of Zoning Appeals on August 27 By the time the petitioner appears at Committee, we will know whether or not the variances have been obtained. If the Variances are not obtained, the petitioner will ask to be tabled at the Committee level to allow time to re -work the development plan and some of the buildings. 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. Department Report, Angie Conn: The petitioner is working with the City Engineer and the City Forester on some minor details of the plan. The petitioner is well on his way to a thorough submittal and the Department is recommending that this would be forwarded to the September 4 th Special Studies Committee. Commission Comments: Rick Ripma was very complimentary of the trash enclosure and felt that it should be held up as a standard and required for future projects. Wayne Haney asked about a retention basin; also the required parking. Paul Reis responded retention ponds are not allowed in the Old Meridian District. The retention basin is underground and the petitioner is in process of investigating the possibility of pavers. The Fertig County Drain runs through the site and the petitioner is trying to determine the best way to handle the on -site drainage. The parking will be in excess of what the City requires because of the nature of the office buildings. Carol Schleif was complimentary of the over -all project, but did submit a drawing showing a roof line elevation for building A with a facade modulation on the floor plan where it recesses slightly. The site plan shows three large buildings in a row and that becomes monotonous after a while. Paul Reis responded that the petitioner had looked at a lot of different configurations. S:/ P1anCommission /Minutes/PC /2007aug21 12 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Sally Shapiro said she loved the plan and was glad to see permeable pavers. Sally said she was interested in having a couple of "hybrid car —green parking spaces" located in the parking lot. Rick Ripma explained his position on the green spaces. Rick said he had no problem with the petitioner wanting green designated spaces—if it is a choice, it is OK; however, Rick did not want the green spaces to be required or demanded of the petitioner by any government agency. If the petitioner willingly wants to designate green spaces, that is OK, but we should not be forcing a petitioner to do that. Carol Schleif noted that this might be included in the architectural guidelines as something desirable; however paint is cheap and it can be painted over —white at some future date. Carol suggested that rather than requiring the green spaces, it should be a request. If a petitioner wants to commit to that, it is great. In thinking forward, hybrid cars can be converted to totally electric cars and that will be the next step. In the long run, we may be looking at electrical hook -ups as well. Madeleine Torres commented that it seemed such a superficial way to say "We are such a green town." If we are going to make strides forward, let's look at the building guidelines and enforce some of the LEED requirements —let's demand that the builders start incorporating LEED requirements into the developments, not simply ask for a hybrid parking space. Rick Ripma commented that the way the bank building is situated with the drive -thru, you see it as you are driving down Old Meridian and the view is just not good. It would seem that turning the building would help. Paul Reis responded that if you are driving north, with the landscaping that will be done, the drive thru will not be that visible. If you are driving south, you would have to look backwards to see it. There are plantings that will act as a screen for the drive -thru. If the drive -thru were at the rear as required, pedestrians would be walking through the lanes to enter the bank or financial institution. The landscaping along there is a combination of street trees and shrubbery. We can talk about this further at Committee. Rick Ripma said that based on the angle of the road, he did not see how the view could be avoided as you drive north. Docket No. 07070005 DP /ADLS, Old Meridian Professional Village was referred to Special Studies Committee September 4, 2007 at 6:00 PM in the Caucus Rooms of City Hall. 7H. Docket No. 07070006 DP /ADLS: Weston Park, Block A (LA Fitness) The applicant seeks site plan and design approval for 2 buildings on 10.14 acres. The site is located southwest of 106"' St. and Michigan Rd. and is zoned I -1 /Industrial within the US 421 Overlay. Filed by John Turek of L A Fitness International, LLC. Greg Rasmussen, TerHorst, Lamson Fisk, 8675 Purdue Road, Indianapolis appeared before the Commission representing the applicant. Also in attendance: John Turek of LA Fitness, Michelle Nuckles, Architectural Forum, project architect. S:/ P1anCommission /Minutes/PC /2007aug21 13 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The proposed development is for two buildings on 10.14 acres. The site is west of the three outlots on Michigan Road, two of which are currently occupied by Banks. The site is also within the US 421 Overlay Zone and is zoned I -1 Industrial. The proposed retail and general services are permitted within this District. The project will consist of approximately 42,000 square foot LA Fitness facility, a proposed, 17,600 square foot retail strip center located north of the LA Fitness building, along with a 1.06 -acre outlot along 106 Street. The petitioner is requesting site plan approval for the retail building and the outlot, along with the LA Fitness for the retail building. Architecture, signage and foundation landscaping will be part of the separate ADLS Amendment. Currently, there 444 parking spaces on site —the number exceeds the minim requirements. Access to the site is provided by two existing curb cuts along 106 Street and two curb cuts along Michigan Road with an interior access drive. Stormwater detention has already been provided for the site as part of the Park Northwest regulated drain located south and southwest of the site. The site drainage is under the jurisdiction of the Hamilton County Surveyor's Office. Water service is provided by Carmel Utilities and sanitary sewer is provided Clay Township Regional Waste District. The project was reviewed July 18 by the Technical Advisory Committee. Foundation plantings are provided for the buildings. The retail building north of the LA Fitness facility is not a part of this Docket. A photo- metric plan was submitted; the petitioner meets the three point candle limit at the property line and the right -of -way. Michelle Nuckles, Architect's Forum, project architect, addressed the Commission and stated that they had worked with Angie Conn at the Department for elevations and materials for this project. The structure of the brick is made of structural brick —not a concrete masonry brick building. The bearing load walls will be structural brick. Two colors have been chosen with horizontal banding to add some interest. The entire building will be wrapped with the brick. Another material added to the rotunda feature is a stone. Interest has been added with projections, raising and lowering parapet heights. An illumine specialty coating finish has been added—natural stone and mica, sprayed onto the building as the finish. The structure is similar to EFIS and calculated at 17% of the entire building. The entry to the building includes a covered walkway that extends 8 feet from the building and covers some of the sidewalk. Lastly, some of the materials used on the insets are slate, a natural material. We have tried to use regional materials and colors that are neutral. More detail and more interest has also been added to the building. The highest parapet wall is 38 feet, 3 inches. Every roof -top unit is covered; the largest unit is actually now being used at the inside of the building —not on the roof. The parapet heights will come up to or above the tallest unit and will not be seen from any sightline. The lighting on the building is wall- mounted, and above the doors. The petitioner is trying not to increase light pollution on the site. S:/ P1anCommission /Minutes/PC /2007aug21 14 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Regarding the signage, some changes have been made to comply with the allowance. One side has 115 square feet; the other is 90 square feet. The signs are self illuminated and not as large as the typical, LA Fitness signage. Regarding green building practices, Ms. Nuckles actually started the Indiana Chapter of the United States Green Building Council and was the first, accredited professional in the State. There is a personal interest to make sure this building— beyond the exterior—is more energy efficient. By using the structural brick, not as much structural steel is being used on the inside; there is a lot of daylighting, skylighting, and natural light being utilized. Members of the public were invited to speak in favor or, or opposition to the petition; no one appeared and the public hearing was closed. Department Comments, Angie Conn: The petitioner has provided a very thorough application. The City Forester has tentatively approved the landscape plan. The petitioner has resolved the Department's concerns, although there may still be some issues with the County Highway Dept and County Surveyor. The Department is recommending that this would be forwarded to the September 4 th Special Study Committee. Commission Member Comments: Jay Dorman asked about the closeness of the buildings between the LA Fitness building and the proposed retail building. Greg Rasmussen responded that there is greenspace, a sidewalk, a bicycle rack and another sidewalk between the two buildings—it is at least 35 feet between the two buildings. The dimension is not on the site plan. Jay Dorman asked for confirmation as to the candle power of the LA Fitness sign —that it is not as bright and offensive as some of the other retail signs. Michelle Nuckles commented that the candle power has been reduced from the original proposal. Kevin Heber said he would like to see some sort of outdoor gathering spot, perhaps between the two buildings, maybe an attractive area to "pause." Michelle Nuckles thanked Kevin for the comment and said the next building would be presented in a different petition and that could be something that could be worked through at that time providing a gathering spot outdoors, between the two buildings. Carol Schleif made formal motion to waive the Rules of Procedure and vote on this item this evening, seconded by Kevin Heber, Approved 10 -0. Carol Schleif made formal motion to approve Docket No. 07070006 DP /ADLS Amend, Weston Park, Block A (LA Fitness) seconded by Kevin Heber. At Sue Westermeier's suggestion, Carol Schleif amended her motion as follows: S:/ P1anCommission /Minutes/PC /2007aug21 15 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Carol Schleif amended her motion for approval to provide for the following condition: Subject to the Department receiving approval from the Hamilton County Highway Department and Hamilton County Surveyor; Kevin Heber amended his second, Motion Approved as Amended 10 -0. 8H Docket No. 07070007 DP Amend /ADLS: Weston Pointe Outlot 3 The applicant seeks site plan and design approval for a multi- tenant retail building. The site is located at 11145 N. Michigan Road and is zoned B -2 /Business within the US 421 Overlay. Filed by Darci Pellom of Civil Designs, LLP David Gillman appeared before the Commission representing Williams Realty Investments. The Altum Nursery is to the north of the site; to the east is a residential development. Most of the Weston Pointe Development is complete. Two center buildings have been constructed, an office building has been constructed, a two -story office building has been approved and will probably be constructed within the next year or two. This evening, the petitioner is requesting a 7,900 square foot in -line retail center on the most northern outlot. This particular in -line center will only house about six (6) tenants maximum. The Staff comments have been addressed and some revisions have been made to the building. The original building that was presented had too much EFIS on the building facade and brick has now been extended to the top on the two tower units, and then extended directly to the front. The new facade has 80% front brick siding, two rear siding 81 and 18, 19, and 20% dryvit. It is a small site and the BZA granted a variance to allow a three foot bump -out as opposed to the eight foot bump out required every 60 feet because the building is only 170 feet. The landscape plan will be submitted to Scott Brewer for his final review by the end of this week. An Indirect Outlet permit has been filed with the Hamilton County Surveyor's Office. The petitioner believes he has addressed all of the Staffs comments. 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. Department Comments, Angie Conn: This project has also had a thorough submittal. The landscape plan will be reviewed by the City Forester next Friday —the petitioner has addressed the Department's concerns about the building height and the elevations. The only outstanding issue would be with the County Highway Dept. and the County Surveyor's Office. The Department is recommending this item would be forwarded to the September 4 th Special Studies Committee. Kevin Heber said he had been on a bike ride in this area recently and there were some missed opportunities along Michigan Road to pull people off the bike path to their facilities. The instant case is a good example. The entire center is being by- passed on the bike path —there is no way to cut over to it —that is one of the advantages of being on a bike —and it is lost here. You basically just have to follow the drive in and go completely past it, circle back around. A few places like Applebee's actually made a cut to the bike path. It would be nice to see something between Outlot 2 and Outlot 3. S:/ P1anCommission /Minutes/PC /2007aug21 16 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 David Gillman noted that there will be a connection to the bike path and a secondary point as well. Docket No. 07070007 DP Amend /ADLS: Weston Pointe, Outlot 3 was referred to the September 4, 2007 meeting of the Special Studies Committee at 6:00 PM in the Caucus Rooms of City Hall. 9H. Docket No. 07070010 PP: Trillium The applicant seeks primary plat approval for 57 residential lots on 32.447 acres. The site is located at 2555 W 131S St. and is zoned S -2 /Residence. Filed by Dennis Olmstead of Stoeppelwerth Assoc, Inc. Pete Adams, Adams Marshall Homes appeared before the Commission along with Gordon Critz of Stoeppelwerth Assoc. Trillium is located at 2555 West 131S Street and goes south to 126 Street, consists of 32.45 acres, and is zoned S -2 Residence. There are 57 lots, most of which are 70 feet wide and on the western boundary, the lots have been increased to 80 feet. There are 10 acres of open space on the 30 acres. Members of the public were invited to speak in favor of the petition; no one appeared. Members of the pubic were invited to speak in opposition to the petition; the following appeared: Public Remonstrance General/Unfavorable: Dan Muehlenbein and wife Karen, 2995 West 126 Street, submitted a letter of remonstrance expressing three major concerns. 1) Passing blister on the south side of 126 Street appears to extend into their property —the City Engineer said the maximum right -of -way from the center line south is 16 1 /2 feet. 2) The landscape plan (earthen berm) does not appear as dense on the west and east boundaries as it is on the other boundaries —the Muehlenbeins would like to see the landscaping on the berms increased 3) The architecture of the proposed development should be compatible with Village of WestClay. Public Hearing Closed Rebuttal: Pete Adams responded that he has re- located the road, dropped two lots, added landscaping to the berms across from the Muehlenbein's home, and has complied with all architectural requirements. This development is endorsed by the neighboring HOA. Angie Conn reported that the City Forester is still reviewing the landscape plan. The Engineering Dept. has no issues with this project being moved to Committee for further review; however, there are still some outstanding comments from the Engineering Dept. The DOCS would like to see the west stub drive in this subdivision aligned with the Village of WestClay's Primary Plat west of this site. The Department is recommending that this item be sent to the Subdivision Committee on September 4, 2007. Carol Schleif comments: "There are some homes in the center that have landscaping; in the bottom half there is a circular drive and then homes in the center and their back yard is bermed. I am noticing that this would be a good place to enhance the buffer as was done on the west side. I am S:/ P1anCommission /Minutes/PC /2007aug21 17 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 also looking at some 8 -foot Norways here —that might be a strategic spot to put in some 12 -foot NorwaysI know you can transplant them —even larger yet —but that would give you additional screening for these folks because I think their back yards are going to be exposed. Also, I talked to Scott Brewer today and he said he still has not received a tree preservation plan. I know that when it comes to Committee, we will probably ask for that (tree preservation plan.) Tot Lots should be considered for the benefit of grandchildren." Rick Ripma questioned the stub street to the east and whether or not it would actually connect to the Village of WestClay. Also, regarding parks—is there anything other than open ground—anything that can actually be used? Pete Adams: The stub street to the east will connect to the Village of WestClay. The parks will probably contain walking paths, benches and sitting areas, that kind of thing. These types of developments typically do not include tot lots —there is a day -care center next door. Rick Ripma said he would like to talk about the design at the Committee level. Docket No. 07070010 PP; Trillium was referred to the Subdivision Committee for further review on September 4, 2007 at 6:00 PM. Following a short recess, the Commission meeting resumed with the business at hand. I. Old Business II. Docket No. 07050012 DP /ADLS: House Investments Office The applicant seeks site plan/design approval for an office building. The site is located 10250 N Illinois St. and is zoned 13- 1/13usiness. Filed by Mike Hoff of Weihe Engineers, Inc. Jim Shinaver, attorney, Nelson Frankenberger appeared before the Commission representing the applicant. Also present: Doug Sylvester of House Investments; Architects Scott Perkins and Scott Schaffer with Perkins, VonDaylan and Assoc.; Mike Hoff, Weihe Engineers. The request before the Commission is for site plan and design approval for an office building located southwest of the intersection of 103r Street and Illinois Street. The site is east of and adjacent to The Reserve at Springmill community and contains approximately 1. 187 acres in size. The petitioner appeared before the full Commission in July, and was reviewed by Special Studies Committee August 7, 2007. Doug Sylvester has been a long -term resident of Carmel and has his office located in Carmel. Mr. Sylvester's business continues to grow and he desires to move to a larger building for space accommodation. The new building would also have additional office space that could be leased to other, potential tenants. An office building on this site is permitted, pursuant to B -1 zoning and does not require any rezone approval. The building itself will be a one -story structure consisting of approximately 9,700 square feet. S:/ P1anCommission /Minutes/PC /2007aug21 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The landscape plans have been reviewed by Scott Brewer and he has tentatively approved the plans and has no significant, outstanding issues. The building has been designed with a residential appearance due to the residential community to the immediate west and also because the structure is within a business park and compatible with the neighboring structures. The signage renderings for a ground sign and a wall sign are in the informational packets as well as the photo- metric cut sheets for the proposed lighting. There is no major, unresolved issue either with the Urban Forester or the Dept of Engineering. The Committee voted a unanimous, favorable recommendation. Regarding the Department Report, the petitioner has met with Scott Brewer who has tentatively approved the landscape plan. The petitioner has met with the neighbors and their consultant; the petitioner is willing to make certain concessions. The neighbors' concern was simply the location of certain trees planted on the western perimeter. A private agreement has been entered into as to how to most accurately and effectively address the tree planting —that is: Once we are prepared for planting, we are required, with the agreement and signing of the HOA, to meet at the site with a representative of the HOA, a representative of House Investments, the petitioner's landscaper, and the City Forester; the four parties will determine the best location for the trees that have been approved. Scott Brewer, Urban Forester, has been provided with a final species plan, sent by Mike Hoff. All Engineering issues have been addressed. The second item on the Dept Report refers to Engineering comments and those issues have all been addressed. Any items that may come up at the final construction phase will continue to be addressed. Item 3DOCS has no outstanding issues with this project. Item 4 —The status of the neighbors' input regarding the landscape plan is covered in the comments previously made. Committee Report, Susan Westermeier: The access on this site is limited to right in -right out; the additional signage was approved at the BZA; the petitioner has worked out the situation with the neighbors from The Reserve at Springmill. The Committee voted 3 -0 to recommend approval. Dept. Comment, Angie Conn: At this time, the Department is recommending approval with the condition that the petitioner complete the approval process with the City Forester regarding the landscape plan. Sue Westermeier made formal motion to approve Docket No. 07050012 DP /ADLS, House Investments Office, conditioned upon submission of final species landscape plan approved by City Forester, seconded by Madeleine Torres, APPROVED 10 -0. 2I. Docket No. 07060024 OA: BZA Lockout Periods Amendment S:/ P1anCommission /Minutes/PC /2007aug21 19 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The applicant seeks to amend the Zoning Ordinance, Chapter 21: Special Uses Special Exceptions and Chapter 30: Board of Zoning Appeals, in order to clarify the time limits of applications denied by the Board of Zoning Appeals. Filed by the Carmel Department of Community Services. Adrienne Keeling, Department of Community Services for the City of Carmel appeared before the Plan Commission representing the applicant. The proposed Ordinance Amendment was presented at public hearing on July 17, 2007 and was reviewed by Special Studies Committee on August 7, 2007. The Committee returned this item to the Plan Commission with a positive recommendation. The Amendment settles a discrepancy between the Ordinance and the Board of Zoning Appeals' Rules of Procedures regarding the Lockout Period. For instance, if a petitioner is denied by the Board of Zoning Appeals, there are time limits which prohibit them from re- applying. The Ordinance Amendment makes it clear that Use Variances, Special Exceptions and Special Uses being heard before the Board of Zoning Appeals should be locked out for twelve (12) months. Separate, but related, the Amendment to the Board of Zoning Appeals Rules of Procedure would require only six (6) months for someone applying for a Development Standards Variance to re- appear before the Board. What is presented this evening is the Ordinance Amendment portion; the Department will be going before the Board of Zoning Appeals requesting that their Rules of Procedure be amended as a second part of this process. At this time, the Department is requesting a favorable recommendation from the Plan Commission to the City Council. Madeleine Torres reported that there was discussion at the Committee level to clarify who would be hearing this and why as per Adrienne's explanation. The Committee voted a 3 -0 favorable recommendation. Department Comments, Angie Conn: The Department is recommending that this item would be sent to the City Council with a positive recommendation. Carol Schleif had questions on the lockout period; attorney John Molitor gave an explanation by example. Jay Dorman made formal motion to forward Docket No. 07060024 OA: BZA Lockout Periods Amendment to City Council with a positive recommendation, seconded by Madeleine Torres, Approved 9 -1 Schleif) 3I. Docket No. 06050020 PP: Clay Creek The applicant seeks approval to plat 30 lots on 29.971 acres. The applicant also seeks the following waivers: Docket No. 06050021 SW: SCO Chapter 6.03.07 Cul -de -sac Length request to have cul de sac in excess of 600 feet in length Docket No. 06050022 SW: SCO Chapter 6.05.07 Orientation of Home request S:/ P1anCommission /Minutes/PC /2007aug21 20 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 to allow dwellings to face internal street Docket No. 06050023 SW: SCO Chapter 7.05.07 Clearing more than 15% mature woodlands The site is located on Hoover Road north of 116th Street and is zoned S 1. Filed by Charlie Frankenberger of Nelson Frankenberger for MHE Develop. Co. LLC. Charlie Frankenberger, attorney, Nelson Frankenberger appeared before the Commission representing the applicant. The petitioner is seeking Primary Plat approval to develop 30, up -scale homes on 29.971 acres located on Hoover Road, north of 116 Street. The density computes to one unit per acres. The public hearing before the Commission occurred July, 2006. At that time, after conferring with the Department of Engineering and the TAC Committee, the petitioner presented the original plan. As part of the request, the petitioner agreed not only to dedicate the eastern extension of Meeting House Road but to construct it as well. The eastern extension of Meeting House Road was originally located on the northern boundary of the 30 acres and made it along the southern boundary of the High Grove and Clay Springs Subdivision to the north. Consequently, last year at Plan Commission and the following committee, there was a lot of remonstrance against that. There were numerous meetings with the Department of Community Services, and as a result, the petitioner promised that he would again meet with the neighbors once the plan had been revised. Recently, a neighborhood meeting was held and those attending from High Grove and Clay Springs were very supportive of the revised plan and the location of Meeting House Road. There was uncertainty with the proposed plan regarding the proximity of Meeting House Road and the character and density of the Subdivision to be built to the south. Clay Creek answers that uncertainty with low density, up -scale homes, and a re- located Meeting House Road. Three waivers are being requested. The first waiver permits the length of the cul -de -sac in excess of 600 feet in length. The second waiver refers to the orientation of home and allows a dwelling to face internal streets. The third waiver allows for the clearing more than 15% of mature woodlands to the extent that if more is cleared, the petitioner would be required to re- forest. One of the loose ends: The owner to the south, Dane Love, has asked that the petitioner grant him an easement for utilities for a driveway to his home. Currently, Mr. Love has access from Hoover Road. Although the Subdivision Committee's recommendation was intentionally not conditioned upon the easement, the petitioner was encouraged to consider it. The petitioner has now agreed to an easement that is 20 feet in width, at least 50 feet of the eastern boundary of lot 12. Subsequent to the Subdivision Committee meeting, Mr. Love has asked the petitioner to relay to the Commission his desire to obtain approval to remove trees within the easement. After further consideration, Mr. Love would prefer not to return to address this possibility. The Engineer looked at the number of trees that might have to be removed and he estimates that to be seven (7) trees. This is agreeable with Scott Brewer, provided that Mr. Love would be required to later work with Scott to preserve the trees and implement a tree preservation plan and to also re- forest to the extent that trees are removed. If the Plan Commission agrees, Mr. Love will not have to return. The tree clearing for Mr. Love is in addition and not included in the petitioner's tree clearing calculation; however, it is thought to be S:/ P1anCommission /Minutes/PC /2007aug21 21 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 approximately seven (7) trees. At this time, the petitioner is requesting approval for the primary plat as well as the waivers. Rick Ripma reported for the Subdivision Committee: Meeting House Road is a little larger road and requires a little more area —that is why additional trees were being removed. It is important to Carmel to have the road -it is a thoroughfare that will be continued, and it is important to the City for moving traffic. The cul -de -sac length was felt to be appropriate and the orientation of the house was a "no- brainer." The house is on two roads and it cannot face both roads at the same time. The woodland clearing was probably the biggest issue and the Committee was not thrilled with having a 20 foot easement because of losing the additional trees. Mr. Love's request is reasonable. Department Comments, Angie Conn: The City Forester has tentatively approved the landscape plan and has stressed that he does not want the Dept to sign the Secondary Plat until such time as all issues are resolved. The Dept of Engineering supports this project, pending any outstanding issues that can be resolved outside the Plan Commission approval. Regarding the additional trees that would be removed due to the easement, it would probably be best to incorporate that into conditional approval, pending the Urban Forester's approval. The Department does recommend that the Plan Commission approve this item. Jay Dorman made formal motion to approve Docket No. 06050020 PP Clay Creek, together with Docket No. 06050021 SW, cul -de -sac length, Docket No. 06050022 SW, Orientation of Home, and Docket No. 06050023 SW, clearing more than 15% mature woodlands, conditioned upon additional approval of the easement for Dane Love's driveway, subject to DOCS /Scott Brewer, Urban Forestry Dept. instituting a tree re- forestation and landscape model with the developer and Mr. Love (approval on the easement is conditional upon being worked out with the Department) seconded by Madeleine Torres, APPROVED 10 -0. 4I. Docket No. 07030037 DP /ADLS: Midland Atlantic— Market Place at West Carmel, (Now known as West Carmel Shoppes) The applicant seeks site plan and design approval for a proposed one story, 21,600- square foot retail building on 2.73 acres. The site is located at the northeast corner of 98 Street and Michigan Road, and is zoned B3/Business, and is within the US 421 Overlay. Filed by Paul Reis of Bose McKinney Evans, LLP. David Gillman, Williams Realty appeared before the Commission on behalf of the applicant. Also in attendance: Brian Cross, Engineer. This site is at the northeast corner of 98 Street and Michigan Road. There are two abandoned houses on Michigan, one on 98 Street, and they will be razed in order for the development to proceed. The development encompasses 21,600 square feet of in -line retail center; as yet no users have been identified. There will be a north/south connector road along the east side that would tie -in to the West Carmel Marketplace development. S:/ P1anCommission /Minutes/PC /2007aug21 22 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 This building has been reviewed by the Special Studies Committee. Regarding the amount of EFIS, the percentage amount has been checked and some minor modifications were made —the building is now in compliance with no more than 20% EFIS on the structure. Another comment pertained to a detailed wall -sign package; the design and square footage on the facade of the building has now been submitted, together with a 4 -color palette, basically perforated white, white, green and burgundy, and is the same color combination as was used in Weston Pointe. There is a relatively standard monument sign that will be placed at the corner of 98 Street and Michigan Road. A major issue discussed was the drainage on the site. At the time Duke developed West Carmel Marketkplace, the homes along 98 Street started having major drainage problems. Promises were made, commitments were made, it is unknown whether any of those were reduced to writing or recording, but apparently nothing happened. The petitioner has met with the owners of those homes on site with Engineers; the petitioner has put together a plan that he feels will address the drainage issue. In addition to coming up with a plan, a written commitment has been prepared whereby Midland Atlantic commits to complete the work as approved by the County Surveyor's Office, by October 31, 2007. Mr. Gillman said he had met with Jeanne Brown, and Jane Devine —not only are they doing those two houses, but they are correcting the drainage on an additional 500 feet because those homes will have problems as well. Ms. Brown and Ms. Devine are comfortable with the proposal. Committee Report: Sue Westermeier said the petitioner had come to the meeting with a lot of outstanding issues. The Committee did not really want to send this forward with so many open issues, but we agreed on a compromise with the Department—if the petitioner could get the materials to the Department in a clean up -date and the Department felt they could turn it to full Commission in the time frame, the Commission would hear it this evening. Sue Westermeier commented that she really would like to have seen the sign package. The drainage issue —what really is broken and exactly what will the petitioner do to correct it? The commitment is pretty nebulous and not a lot of detail. There was also to be a revised landscape plan showing the sidewalks. The sign colors have not been seen. Madeleine Torres agreed with comments by Sue Westermeier. There were also facade breaks requested do those meet the Department requirements? Revised elevation sidewalks David Gillman said that they had all of that information but they were up against a deadline Friday. The materials were submitted to Christine Barton Holmes. Mr. Gillman was sure that the petitioner had met all of the requirements exacted by the Committee. The sidewalk on the landscape plan has always been there, it was inadvertent that the one, particular segment of sidewalk was omitted —this was corrected and submitted to Staff. The EFIS is now at 19.5% and complies with the Ordinance and that, too, was submitted to Staff. The landscape plan, trash enclosure, those have all been submitted to the Department in a timely manner along with a color palette. The commitment regarding the Drainage runs with the City of Carmel and /or the County Surveyor's Office so that either entity could enforce the Commitment Agreement. Angie Conn stated that at this time, the Department has no further outstanding issues, including the S:/ P1anCommission /Minutes/PC /2007aug21 23 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 drainage, and approval is recommended. Sue Westermeier commented that it would be "just criminal" if the drainage is not repaired /fixed. Susan Westermeier made formal motion to approve Docket No. 07030037 DP /ADLS, Midland Atlantic— Market Place at West Carmel (now known as West Carmel Shoppes)conditioned upon resolution of the drainage issue, seconded by Carol Schleif, APPROVED 10 -0. J. New Business 1J. Docket No. 07070009 ADLS: Holiday Inn at Pro Med Ln The applicant seeks architecture /design approval for a proposed full- service hotel. The site is located at 136"' Street and Pro Med Lane, and is zoned 136, within the US 31/Meridian Street Overlay. Filed by Dave Coots of Coots, Henke Wheeler for Midwest Hospitality Group, Inc. Note: See Item 3H Discussion: There was open discussion among the Plan Commission members, facilitated by John Molitor, attorney regarding the procedural changes proposed to the Rules of Procedure. The changes in the rules were precipitated by the Indiana State Legislature. Members cannot meet in serial meetings within a 7 day period without giving public notice. If 6 members exchange emails on a subject within a 7 day period, it could be considered a meeting subject to the Open Door Law. The Commission could be sued for violation of the Open Door Law and the action of the Plan Commission could be nullified. Madeleine Torres made formal motion to approve the proposed changes to the Rules of Procedure, seconded by Susan Westermeier, APPROVED 10 -0. There was no further business to come before the Commission and the meeting adjourned at 9:50 PM. Leo Dierckman, President Ramona Hancock, Secretary S P1anCommission /Minutes/PC /2007aug21 24 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417