HomeMy WebLinkAboutMinutes PC 02-20-07A
TOMO 1 W o Carmel
/NDIANN
CARMEL PLAN COMMISSION
February 20, 2007
Minutes
The regularly scheduled meeting of the Carmel Plan Commission met at 6:00 PM in Council Chambers,
City Hall, Carmel, Indiana. The meeting opened with the Pledge of Allegiance.
Members present: Leo Dierckman, Jay Dorman, Wayne Haney, Kevin Heber, Brian Mayo, Rick Ripma,
Carol Schleif, Sally Shapiro, Steve Stromquist, Madeleine Torres, and Susan Westermeier, thereby
establishing a quorum.
The Minutes of the January 16, 2007 meeting were approved as submitted.
Legal Counsel Report, John Molitor: Nothing at this time
Announcements, Matt Griffin: Docket 06010008 Z, Mid -Town Village PUD has been withdrawn and
will not appear on any subsequent Agendas. Regarding Item 2H, Sunrise of Carmel, the petitioner has
made notice for a zoning waiver that meets the 10 -day requirement for State, but does not meet the Rules
of Procedure 25 -day requirement; therefore a suspension of the Rules will be required. Item 3H —the
Trillium Rezone, notice met the date and time requirement but not the type of Notice Requirement for
Certified Mail. If this were heard tonight, it would require a suspension of the Rules of Procedure to
allow for the type of notice as opposed to certified mailing as specified in the Rules.
Leo Dierckman reported that two Dockets were referred to the Plan Commission this evening at the
Special Studies Committee and do not appear on the Agenda; those Dockets are Red Robin Michigan
Road, 06090029 DP /ADLS, and Armstrong Rezone, 06120004 Z. Those two items will be heard as
Old Business this evening.
H. Public Hearings:
1H. Docket No. 07010008 Z: 116 Guilford Rezone
The applicant seeks to rezone approximately 9.5 acres from I -1 /Industrial to the R-
1 /Residence District Zoning Classification.
The site is located at 1441 S. Guilford.
Filed by the Carmel Dept. of Community Services.
S :/P1anCommission/Minutes/PC- 2007 /feb20
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Mike Holligbaugh, Director of Community Services for the City of Carmel appeared before the
Commission representing the applicant. The City is requesting a rezone of approximately 9.5 acres
situated at the northeast corner of Guilford Road and 116 Street.
The property is currently zoned I -1 /Industrial and the City is proposing to rezone to R -1 /Residential.
Currently the property is owned by Duke Energy and listed for sale. The City is concerned about the
potential for redevelopment on this site. The Rezone to R -1 /Residential would allow the City to
have ultimate control over any potential redevelopment of this corner site to ensure that any
development would be consistent and compatible with the residential development on the opposite
side of the street and the lower intensity commercial uses adjacent to it as well.
The Department prepared an overview of the City's goals that is incorporated in the Staff Report.
Public Remonstrance /Unfavorable:
William Wendling, attorney, Campbell, Kyle, Proffitt, 11595 North Meridian Street, Suite 701,
Carmel representing Duke Energy, owner of the property. Mr. Wendling confirmed that the
property is currently listed for sale. The owner received notice in January that the subject site was
slated for rezone. When originally purchased by PSI, the property to the north, now known as Park
Place Development, was all part and parcel of the property. There are approximately six acres that
are for sale and a sub station that is also subject to the rezone. The property was purchased by PSI
in 1981. There is about an 18,000 plus square foot building on the property that was the regional
hub for the administrative and production of PSI Energy, now Duke Energy's operation in Hamilton
County. Duke Energy has moved out of this facility into another location north of Carmel in
Westfield; they still use a portion of the property.
Mr. Wendling stated that Duke Energy is respectfully objecting to the rezone. At the time the
property was purchase, the zone was classification was I -1 Industrial granted that classification
designates a lot of uses that may not be well suited for that area. Duke Energy has talked with the
Dept. of Community Services about trying to facilitate some agreement whereby Duke Energy could
maintain that classification or another business classification that would be flexible enough to allow
Duke to pursue marketing the property and yet restrictive enough to help minimi any uses that the
City may find objectionable for the area. Duke Energy would like to pursue those discussions
throughout the process, but feel that the proposed rezone would significantly devalue the property.
It is questionable as to how anyone could pay the money that would be required of the property to
convert it to single family, residential property—it does not lend itself to that use. In fact, you
would have to tear down the existing structure and constructing a small subdivision on six acres
would be very difficult for a developer to make any money from the types of homes that would have
to be constructed to generate the type of money the property is currently worth.
Additionally, that portion of the property where the sub station is located will remain in operation for
now and the foreseeable future and will serve a large area as to electrical consumption. The
property to the side is manufacturinga business district —the property to the north has been
mentioned, and the residential section to the south. All of the surrounding developments have taken
place (north, west, and south, knowing that the PSI Energy facility existed and has existed for a
S:/P1anCommission/Minutes/PC- 2007 /feb20 2
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
number of years. That raises the question, "Why now The answer is because PSI /Duke Energy is
now selling the property. However, what will be done to try to minimize any adverse impact with
the City and the neighbors? Again, there have been conversations with the Dept. and the City to try
to iron that out. Duke Energy would like to continue participating in further proceedings to make
their wishes known.
The public hearing was then closed.
Mike Hollibaugh accepted the comments from Mr. Wendling as being well- taken. Whether the
Commission thinks this is a good idea or not, it is hoped that a good serious discussion can occur as
to whether or not it is appropriate to rezone the property to residential use. The City feels that this is
last remaining piece of the puzzle in this area that has seen a lot of change over the past few years.
To have an opportunity to rezone at this time, and perhaps causing another rezone in the future if the
ground were requested to go to a non residential use as part of redevelopment is largely the goal.
Commission Comments:
Brian Mayo asked what could possibly go in this location if the Industrial zoning were left intact.
Mike Hollibaugh responded that the I -1 Zone is the most inclusive. A heavy industrial use could go
in this location without any real process—public hearing -wise. The project would still be required to
have ADLS review, but whether or not it would actually compatible with all of the surrounding uses
is debatable. The I -1 zone allows retail, industrial, manufacturing, and office uses as well.
Jay Dorman asked what the time frame would be for the Department to have more discussions with
Mr. Wendling rather than going to Committee.
Mike Hollibaugh said he felt this was more a public discussion rather than between Duke Energy and
the City. Ultimately it will be the Plan Commission's recommendation and the Council's final
decision. Currently, it is the City's preference that discussions occur through the public hearing
process rather than trying to strike a compromise —this is really an important piece of ground.
Madeleine Torres asked why this was being done now.
Mike Hollibaugh responded it is because the ground is for sale at this time and the City does not
have the ability to influence I- I development or re- development to the extent that the area deserves,
i.e. residential neighborhood across the street. With Central Park being ready to go on -line, the
stock of that area is rising even higher. Whether Duke feels that the value of the property goes
down—if you look across the street at the Equicor development —that ground was zoned R -1 —the
value of property in the area is increasing, whether it is residential or not. This is our only
opportunity to have a major influence in how the property could re- develop.
Rick Ripma said he was comfortable working on this at the Committee level.
Carol Schleif asked about eminent domain issues and where this development fits in all of that.
S :/P1anCommission/Minutes/PC- 2007 /feb20
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
John Molitor responded that "Taking" has not been mentioned and it would seem that the City does
not want to take this property from the current owner, it merely wants to work with the owner and
make sure there is no incompatible use that goes in this location. Certainly the use that has been
there in the past is not objectionable. At this time, there seems to be no reason for concernwe are
just trying to work together so that no nuisance -type use goes into this neighborhood.
Carol asked further whether or not the Committee should explore deed restrictions, commitments, or
something to accommodate what is seen that might not affect the property values.
Leo Dierckman advised the committee to focus on existing zoning classifications that already exist
and applied to other property within the City of Carmel that might be appropriate for this location.
Jay Dorman suggested that the Redevelopment Commission come forward with some creative ideas.
Docket No. 07010008 Z, 116 Guilford Rezone was forwarded to the Subdivision Committee
on March 6, 2007 at 6:00 PM in the Caucus Rooms of City Hall.
2H. Docket No. 07010009 DP /ADLS: Sunrise of Carmel
The applicant seeks to construct a 4- story, 150,802 square foot independent and
assisted living facility on 4.10 acres.
The site is located at the northeast corner of Old Meridian Street and US 31, and is
zoned B6 within the US 31 Overlay.
Filed by Mary Solada of Bingham McHale LLP for Sunrise Development, Inc.
Note: Subdivision Waiver Docket No. 07020006 SW requesting an increase in the floor area ratio
maximum for the US 31 Overlay requires a suspension of the Rules of Procedure due to missing the
full 25 days notice under the Rules of Procedure; the 10 -day State requirement was met for Sunrise
of Carmel.
Rick Ripma made formal motion to suspend the Rules of Procedure in order to hear Docket No.
07020006 Zoning Waiver to request an increase in the floor area ratio maximum for the US 31
Overlay for Sunrise of Carmel, seconded by Madeleine Torres, Approved 11 -0.
Docket No. 07020006 Zoning Waiver: Sunrise of Carmel
The applicant seeks a waiver to increase the Floor Area Ratio from 0.70 to 0.84, a 20% increase, in
the construction of a 4 -story continuing care facility with underground parking.
Mary Solada, attorney, Bingham McHale LLP appeared before the Commission representing the
applicant. Also in attendance: Tim Hedges and Ashton Fritz, Schneider Corporation, Otis Avenue,
Indianapolis 46216. Also present: Peter Spolstra, owner of the subject site.
The property is located at the northeast corner of Old Meridian and US 31, south of development
that includes hotels to the immediate north and the commercial center to the north of that. The site
S:/P1anCommission/Minutes/PC- 2007 /feb20 4
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
is within the US 31 corridor but not within the Old Meridian plan area, but it is close. The proposal
is for Sunrise Senior Living—Sunrise is a national company that has developed projects all over the
country, some of which are in central Indiana, including a development close to Brebeuf High School
on the north side of 86 Street. There is also a Sunrise facility located at 56 and Emerson.
The current proposal is for 140 units -78 assisted living units, 62 independent units —two, four
story buildings with underground parking garage. There has been a lot of discussion with the D
epartment regarding the best appearance of the proposed development. There was a parking
variance approved for this project on December 18 to permit one space per independent living unit
with point five spaces per assisted living unit.
The petitioner is not un- mindful of the design challenges for this site. There is no issue regarding the
appropriateness of the use, no sign variances are being requested, no dryvit is included in the plans.
The property is somewhat in the cusp between an institutional office style development in the 31
corridor and what the Department and the City are trying to encourage along Old Meridian that is a
more urban feel to the design. It is anticipated that the residents of this facility will be people who
have been Carmel residents for some time and are probably not looking for a highly urbanized
environment. The design plan has been compromised by adding garden plots, gables, and private
balconies and porches as well as public porches. Walking paths have been added close to the
building to connect to the Old Meridian multi -use path.
One sign is proposed, less than six feet tall, approximately 28 square feet. The petitioner states he
meets the Ordinance on landscaping and has even received approval from the Urban Forester, Scott
Brewer.
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, Matt Griffin: The major design comments are spelled out in the Dept.
Report. At this time, the Department is requesting this item be sent to the March 6 th Special Studies
Committee for further review and dialogue.
Commission Comments:
Jay Dorman was hopeful that the stock eventually placed on site is equal to the computer generated
graphics for the landscaping. Jay asked about the porches —they look as if they go out onto grass
rather than concrete.
Mary Solada said the site looks heavily wooded, but in fact it has a lot of scrub and dead trees. The
Urban Forester is very pleased with the proposed landscape plan. Also, the porches do go out onto
concrete, not grass.
Steve Stromquist asked if there was a huge drainage ditch on Meridian.
Ashton Fritz, Schneider Corporation, 8901 Otis Avenue, Indianapolis 46216 said there is a drainage
S:/P1anCommission/Minutes/PC- 2007 /feb20 5
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
ditch along US 31 between the road and the proposed development —there will be an earthen bank
on the subject site, but it is not shown because it would hide the building.
Steve Stromquist asked if the building would be secure to keep residents from wandering out onto
Meridian Street.
Mary Solada responded that part of the project would serve some Alzheimer's patients. There are
procedural ways to deal with people wandering off —high level staffing in that regard. That is an
internal issue and not so much external.
Carol Schleif. I have designed several facilities with Alzheimer's patients and I am trying to
remember one that did not have an outdoor garden that was actually contained. One of my questions
originally was, this is a nice facility and I am glad to see itI was wondering if there was an area that
could be considered sort of a conservatory or a large atrium space that would have trees, etc.,
because a lot of these folks maybe can't go outside and they certainly in the winter time the last
couple of weeks.... everybody would have been inside for sure. I could even see this building getter
taller in certain parts to accommodate something like that. I may be shocking everyone one here,
but.....
Mary Solada's response: Well, an issue that has concerned us is the heightI'm not quire sure....I
understand that there is some concern about the height —not the height at four stories but a concern
about anything taller than that. I had a call from the hotel (Hampton Inn) expressing concern about
the fact that we have a peaked roof and asking if we could change it to a flat roof which is the
opposite of what everyone else is looking for. Of course, they are concerned about their visibility.
To answer your question more directly about internal green area, my understanding of this project is
that the amenities inside are very well decorated. I would guess that there are a lot of plants and
natural sort of, a sense of peace and calm with the interior design. Have you done an atrium in any
of your other projects, Tim? (No) That is something we can discuss and talk more about at Special
Studies Committee.
Carol Schleif I have to say I like your other projectsI went into your website —The Germany
project was very nice and the reason I liked it was that the roof was doing different things and that
spurred the thinking that maybe certain areas might be a little taller to keep the variety going, but....
anyway
Mary Solada: Duly noted
Matt Griffin: Carol, just for reference, the 31 Overlay allows 150 feet of height, 12 stories, so, they
could if they wanted to. An inquiry of concern was received regarding the height of Sunrise of
Carmel from Jeff Brown of Schahet Hotels, owner of the Hampton Inn. The B -6 zone under the US
31 Overlay is afforded a height increase to 150 feet, approximately 12 stories —the Hampton Inn is
within the B -3 zone and is regulated with a 35 -foot maximum height restriction.
Rick Ripma agreed with the Staff s comments on the design. The other buildings that Sunrise has
S:/P1anCommission/Minutes/PC- 2007 /feb20 6
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
designed in other areas are a lot more attractive than this building being proposed and fit in
especially the Washington, D.C. building. It just seems that there are some better designs than we
are seeing here. I agree with the Staff, we should be able to get a better design, they have certainly
done it in the past.
Mary Solada: That's true, and this is why we need to continue the conversation. It's not that we are
not mindful of the issue —keep in mind there is some nervousness on Sunrise's part of the type of
Carmel resident that is looking at this probably coming from a ranch home or two -story suburban
home—particularly the Connecticut Avenue project is very urban. I agree with you, it is very fine
looking, so, we have to balance what we think will be attractive to potential occupants as well as the
fact that we are in between we are in a corridor where there are two different, conflicting design
standards. At least, that is the way we are looking at it. So, yes, we hear you, and we will be having
that conversation with our architects.
Carol Schleif: I read those notes too, and I went back through and the suggestions that I think might
help a little bit were more detail, vary the openings —size and type —what keeps coming to my mind
is the Amli project at 146 and Springmill, and it is more massing and how they use the materials
and the fact that they develop patterns of when the building comes out and it is a peak roof, so many
stories up is this material and then it changes. Where those changes happen, there is a pattern of
height of those changes and depth of those changes and that might be a tack to take, whether there
are columns at the corner, if the corner is open or notI think it is all back to patterns. That might
help.
Wayne Haney asked to see the interior of some of the building. It looks as if most of the activity will
take place within the building, therefore we should have some idea of what is being provided dining
spaces, library, etc.
Mary Solada said that would be discussed at Special Studies Committee.
Sally Shapiro asked how much of the berm or drainage ditch would cut into the trees on the
renderings. Ms. Shapiro would like to see the petitioner exceed the Commission's expectations for
greenery and plantings.
Ashton Fritz thought the drawing was not to scale, the ditch and berm were quite a distance from the
property line because of the Meridian right -of -way, 140 feet perhaps, and the landscaping along the
corridor will be quite dense.
Leo Dierckman encouraged Commission members to forward their comments to the Special Studies
Chairperson.
Docket No. 07010009 DP /ADLS, Sunrise of Carmel was forwarded to the Special Studies
Committee on March 6, 2007 at 6:00 PM in the Caucus Rooms of City Hall.
3H. Docket No. 06100023 Z: 2555 W 131S Street (Trillium)
S:/P1anCommission/Minutes/PC- 2007 /feb20 7
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
The applicant seeks a change in zoning from S 1 to R2.
The site is located at 2555 W 131S Street and is zoned S1.
Filed by E. Davis Coots of Coots, Henke, Wheeler PC for Adams and Marshall.
E. Davis Coots, attorney with Coots Henke Wheeler appeared before the Commission
representing the applicant.
Note: The method of mailing to the adjacent property owners is in question and the Commission
would have to waive the Rules of Procedure in order to hear this item this evening.
Jay Dorman made formal motion to suspend the Rules of Procedure and proceed with the public
hearing of this item tonight, seconded by Sue Westermeier; Motion Unanimously Denied.
Docket No. 061 -00023 Z, 2555 West 131s' Street (Trillium) was Continued until clarification and
determination could be made regarding the method of mailing.
I. Old Business
11. Docket No. 06010008 Z: Midtown Village PUD WITHDRAWN
The applicant seeks to rezone 18.82 acres from II/Industrail to PUD for the purpose of
creating mixed use development.
The site is located at 510 Third Avenue SW and is zoned I1/Industrial.
Filed by Lawrence Kemper of Nelson and Frankenberger for Centex Homes.
2I. Docket No. 06090029 DP /ADLS: Red Robin Michigan Road
The applicant seeks development plan and architecture, lighting, landscaping, and
signage approval for a proposed 6,350- square foot restaurant.
The site is located at 9901 Michigan Road, zoned B -2, and is within the Michigan
Road/US 421 Overlay District.
Filed by John Finnemore of Red Robin International, Inc.
John Finnemore, 6312 South Fiddler's Green Circle, Suite 200 North, Greenwood Village, Colorado
80111 appeared before the Commission representing the applicant.
John Finnemore reported that the building materials had been revised to bring out the Italianate
design that was chosen for this structure. The tan -color brick previously was a lap siding„ the
cultured stone base was previously red brick and all of the red material was EFIS —now red brick.
The curved features above the windows have been enhanced and the arches double- stacked; dentals
have been added above the bump -outs on the building. The very top of the entrance has also been
double- stacked so that the cornice has more depth to it and then added bracket material —also a part
of the Italianate design.
At this time, the petitioner is requesting approval of the revised building.
S:/P1anCommission/Minutes/PC- 2007 /feb20 8
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Steve Stromquist reported that the Special Studies Committee was very pleased with the changes
made to the project by the applicant from the initial design. The applicant has presented completely
different materials, different elevations, and different design. The petitioner stated that it is probably
one of their nicest designs in the Country. Everyone on the Committee felt comfortable with the
change in design and materials. Light and light pollution along the Michigan Road corridor was an
issue —this issue has been addressed. The Committee gave this item a favorable recommendation to
move it forward to the full Commission this evening.
Department Comments, Matt Griffin: The Department has no outstanding issues with this project
and recommends approval.
Sally Shapiro was hopeful that the project could be made from all organic materials and no siding at
all.
John Finnemore responded that the only siding material was the parapet wall, and it is actually
painted wood —there is no vinyl, aluminum siding, etc. on the building.
Madeleine Torres was complimentary of the petitioner and thanked him for being flexible and
working with the Committee —from the initial presentation to the revisions -to come up with a
superior product.
Madeleine Torres made formal motion to approve Docket No. 06090029 DP /ADLS, Red Robin
Michigan Road, seconded by Carol Schleif, APPRVED 11 -0.
3I. Docket No. 06120004 Z: Armstrong Rezone
The applicant seeks to rezone property from S -1 to B -3.
The site is located at the NE corner o West 98 Street and Michigan Road (US 421)
and is zoned S -1 within the US 421 Overlay.
Filed by Paul Reis of Bose McKinney Evans LLP for Armstrong Family Charitable
Trust and Guaranty Properties, Ltd.
Steve Granner, zoning consultant with Bose McKinney Evans, 301 Pennsylvania Parkway, Suite
300 appeared before the Commission representing the applicant. Also in attendance: Aaron Boyle
of Mid Atlantic Properties.
The petitioner is requesting a rezone of the property located at the northeast corner of West 98
Street and Michigan Road from S -1 to B -3 to be consistent with the Overlay. The petitioner will
return to the Commission for DP /ADLS review for future retail and office development.
The Special Studies Committee made a favorable recommendation to the Commission this evening.
Steve Stromquist reported for the Committee. There was a drainage issue on the property and Mr.
Stromquist deferred to Ms. Jean Brown.
S:/P1anCommission/Minutes/PC- 2007 /feb20 9
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
Jean Brown, 3734 West 98 Street, noted drainage problems in the area, her property is currently
flooded as well as almost all septic systems in the area. Previous pleas for correcting the situation
have been ignored to date and the residents would like some resolution before there is further
construction in the area.
Sue Westermeier noted that there is also a lighting problem in this area —Matt Griffin will have the
lighting situation checked and resolved.
Department Report, Matt Griffin. There are no objections to rezoning this property; it is within the
421 Overlay and the Department is supporting of rezoning to a non residential use. The Department
is recommending that the Commission send this forward to City Council with a favorable
recommendation. Regarding the drainage issue, the situation was brought to the Department's
attention just prior to the January 16, 2007 meeting. Since that time, the Dept. has touched base
with Hamilton County Surveying who has jurisdiction of the waterways and drainage in this area.
A few weeks ago, the Surveyor's office contacted the Department and reported that the drainage
tile behind the resident's home (Jean Brown) has probably been damaged in the construction of the
pond and landscaping —they are actually waiting for the ground to thaw to run a camera down each
end to see where the problem lies. Matt Griffin will be meeting with the County Surveyor's office
tomorrow at the TAC meeting and this can hopefully be resolved.
Point of Note: When this item returns as a DP /ADLS, the petitioner is not to add to any drainage
problems and must make certain that their calculations will not spill upon any of the neighboring
properties and that retention in the area is sized to accommodate this development. The issue at
hand is not that there is not enough retention in the area; the issue is that somewhere the system to
take in the water has been damaged and Hamilton County is working through that. It is Duke's
responsibility to remedy and repair the problem because it is their property.
If, for some strange reason, it was not Duke Construction Company's problem, Hamilton County
would take care of it. It would be hard to believe that it is not Duke's responsibility, either by
planting new landscaping and breaking the tile, or new roots have broken the tile. The timing of the
situation over the past few years aligns with the completion of the projects in the area.
Rick Ripma made formal motion to forward Docket No.06120004 Z, Armstrong Rezone to the
City Council with a favorable recommendation, seconded by Madeleine Torres, APPROVED 11 -0.
John Molitor suggested a brief meeting of the Executive Committee prior to full Commission in
March to discuss the adequacy of the Rules of Procedure regarding method of Notice to adjoining
property owners.
S:/P1anCommission/Minutes/PC- 2007 /feb20 10
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
There was no further business to come before the Commission and the meeting adjourned at 7:15
PM.
Leo Dierckman, President
Ramona Hancock, Secretary
S :/P1anCommission/Minutes/PC- 2007 /feb20
11
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417