HomeMy WebLinkAboutMinutes PC 04-15-08City of arme
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CARMEL PLAN COMMISSION
TUESDAY, APRIL 15, 2008
Minutes
The regularly scheduled meeting of the Carmel Plan Commission met at 6:00 PM in the Council
Chambers of City Hall, Carmel, Indiana. The meeting opened with the Pledge of Allegiance.
Members present: Leo Dierckman, Jay Dorman, Kevin "Woody" Rider, Rick Ripma, Carol Schleif,
Steve Stromquist, Susan Westermeier.
The minutes of the March 15, 2008 meeting were approved as submitted.
Department of Community Services Staff present: Michael Hollibaugh, Director, and Angie Conn.
John Molitor, Legal Counsel was also present.
Public Hearings:
1H. Docket No. 08030035 Z: West Park Annex, Rezone
The applicant seeks to approval to rezone approximately 40 acres from the S -1 /Residence
zoning classification to P -1 /Parks and Recreation. The site is located at 3030 W 116"' St (just
west of West Park) and lies within the West 116"' Street Overlay. Filed by the Carmel
Department of Community Services on behalf of the Carmel Plan Commission
Carmel/Clay Board of Parks Recreation.
Mark Westermeier, Director, Carmel Parks Recreation, appeared before the Commission on behalf of the
applicant. The Parks Dept has been leasing the site for the past few years and has now purchased the property
at the completion of its lease. There are NO specific plans for development at this time. The Parks Dept is in
the process of completing a two -year study with MIG, a group based in Portland, Oregon. There will be
public focus and group meetings. At the completion of the study, the Parks Dept will hire a firm to do a
master plan and determine community needs/ wants to meet public demands and what will fit the
neighborhood.
Members of the public were invited to speak in favor of the petition; no one appeared. Members of the public
were invited to speak in opposition or ask questions; the following appeared:
Morris Silverman, Oak Tree Way, asked if approving the rezone would open the door to such things as pony
rides and Ferris wheels—Mr. Silverman was not in favor of those types of things.
There were no further public comments and the public hearing was closed.
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Mark Westermeier responded that the 40 acres is better known as the Perelman property and is heavily
wooded. Part of the process is determining how this will be planned to meet public demand.
Department Report, Angie Conn: At this time, the Department is recommending suspension of the Rules of
Procedure and voting a favorable recommendation to the City Council.
Jay Dorman clarified that at this time, there are no amenities that will go onto the site —this will be defined
after study.
Mark Westermeier responded that this particular property does have some limitations; the trees will NOT be
taken down. There will be plenty of time for public input. There are no plans at present for a cell tower; the
land is still under contract with a farmer to plant and harvest crops.
Jay Dorman made formal motion to suspend the Rules of Procedure, seconded by Woody Rider, approved 7 -0.
Jay Dorman made formal motion to forward Docket No. 08030035 Z, West Park Annex Rezone to the City
Council with a favorable recommendation, seconded by Carol Schleif, approved 7 -0.
24H. Docket No. 08020021 DP Amend/ADLS Amend: Staybridge Suites
The applicant seeks site plan and design approval for a 3 -story extended stay hotel. The
applicant also seeks the following commitment amendment and zoning waiver approvals:
Docket No. 08020022 CA amendment of parcel's previous commitments
Docket No. 08020023 ZW Chapter 23E.09.E.1: building must face Pennsylvania St.
The site is located at the 10800 block of Pennsylvania St. and is zoned B-6/Business within
the West Home Place Commercial Corridor High Intensity area.
Filed by Jim Shinaver of Nelson Frankenberger for Hotel Development Services, LLC.
Jim Shinaver appeared before the Commission on behalf of the applicant. Also in attendance: David
Westheiser, Hotel Development Services, LLC, and Chris Laystrom, Engineer with Wolpert Engineers.
The site is north of 106"' Street, south of 111"' Street, adjacent to Pennsylvania Street. The site is near office
types of uses to the north, south, and southwest, with residential to the immediate south. The proposed site is
part of an overall Plan Commission approval in 1999; the second proposal was never constructed and this is
currently the subject proposal for development. The property is within the West Home Place Commercial
Corridor —High Intensity area, and only office uses are permitted pursuant to prior owner commitment; the
petitioner is seeking modification.
The existing curb cuts will be utilized; also the existing pathway along the southern and eastern
portions of the site will remain. Grass pavers are to be constructed to address concerns of the Fire
Department for easy access to the building. The majority of the trees are to be preserved as part of
this project.
The back area is a courtyard for clients and will feature benches, a garden area, and outdoor grills.
The poolhouse will be compatible with existing office buildings and homes in the area. Architectural
renderings were shown of the pool house, and the south, west, and east facades of the building. The
building materials consist of cast stone, brick, and asphalt shingles —the design will be residential in
nature.
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Jim Shinaver referred to the 11 items listed in the Department Report —those will be addressed at the
Committee meeting on May 8th
Members of the public were invited to speak in favor of the petition; no one appeared. Members
were invited to speak in opposition to the petition; the following appeared:
Mike McSurvee, 160 Pam Road, had several concerns: Possible removal of trees currently in
existence; possible removal of fence blooding easement to the neighborhood; windows on the 3rd
story of the proposed building would look down onto the neighbors and invade privacy— request
more trees to block view. Also concern sound barrier for air conditioning units, and light pollution
into the neighborhood from parking lot lighting, and cars. Preservation of property values is also a
major concern. The neighborhood would like City Water —they are currently on wells. Also, there
are currently 1065 hotel rooms in the Meridian corridor and the residents are concerned about long
term service to the neighborhood and whether or not the hotels will be maintained. Mr. McSurvee
requested that the trees beyond the pathway be preserved.
Doug Allen, Penn Drive and a 36 -year resident. Mr. Allen does not want a 24/7 operation next to
residential—an office building with 7:00 AM to 6:00 PM hours is preferred. Concerns are: Noise,
traffic, light pollution. Other Staybridge facilities have cookouts for their guests and happy hour;
there is a huge concern that a lot of noise would be generated from this extended stay facility so
close to residential. Traffic would be coming and going all hours of the night. Is there really a need
for another facility of this type when the site is already approved for office use?
Jim Shinaver said he had met with the neighbors and felt that it was a productive meeting. The
intent of the petitioner is to be compatible with the neighborhood. The neighborhood comments can
be addressed in detail at the Committee level.
Department Report, Angie Conn: The petitioner is currently working with the Department to
address staff concerns and comments. The Department recommends this item be forwarded to the
Special Studies Committee on May 8, 2008.
Carol Schleif noted that the building is 40 feet closer than was previously approved. Perhaps the
building could be positioned on the site to screen the neighbors —maybe angle rather than rectilinear.
Landscaping shows only four evergreens —some of those can be "swapped out" for greater
screening —six feet high evergreens could be larger —the biggest concern is view and privacy issue.
There are not too many windows up close to the neighbors, but the main part of the building is much
taller and you will be able to see in to the neighbors' windows. Is the pool equipment IN the pool
house?
David Westheiser, 125 West Spring Street, Oxford, Ohio responded that the pool equipment is
included in the pool house.
Carol Schleif continued to say that the trash enclosure may not be tall enough to hide the container;
the Committee may want to work on that. Carol Schleif agreed that there is a definite concern with
noise from the "p -tac" units. Carol Schleif said she would push for installation of a traditional central
heating and mechanical system that would eliminate the ptac grills on the building elevations.
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Rick Ripma said he was not prone to change something previously committedin this case an office
building —and would like to hear good reasons as to why he should vote for this change —right now
there are no good reasons as to why this is a good idea; this can be explored further at the
Committee meeting.
Jim Shinaver responded that those concerns will be addressed at the Committee level on May 8,
2008.
Docket No. 08020021 DP /Amend /ADLS Amend, Staybridge Suites was referred to the Special
Studies Committee for further review on May 8, 2008 in the Caucus Rooms of City Hall.
5H. Docket No. 08020028 DP /ADLS: The Legacy Towns Flats
The applicant seeks site plan and design approval for a retail/residential development of 23
buildings with 288 residential units. The site is located southeast of the 7000 block of E. 146"'
St. and is zoned PUD /Planned Unit Development.
Filed by Charlie Frankenberger of Nelson Frankenberger for J.C. Hart Company, Inc.
Charlie Frankenberger, attorney, Nelson and Frankenberger appeared before the Commission representing the
applicant. Others in attendance on behalf of J.C. Hart Company: John Hart and Gary Todd; Gary Weaver
and Randy Sherman, Weaver Sherman Design, Larry Hamp, Landscape Architect, and Bill Bryant,
Stoeppelwerth Associates.
The Legacy was initially approved in January, 2007 and consists of various mixed uses. The site is located
south of 146"' Street and on either side of River Road. The Towns Flats will be located in the Village Core
Use Block on the east side of River Road-13 acres and will consist of 32 building which collectively will
contain 249 apartment dwellings, 39 homes, and exercise and caf6 spaces.
Although not required, a neighborhood meeting was held March 29"' to up -date the neighbors on the progress
of The Legacy; no opposition was expressed.
Gary Weaver of Weaver Sherman Design, 6201 Carrollton, Indianapolis addressed the Commission and gave
an overview of the architecture and design of the site. A series of blocks are anchored by Community Drive.
There is also a series of plazas and parks throughout with different shapes and placements of buildings. The
community is very "walkable" from the standpoint of the placement of the buildings. The buildings are
smaller scale; the living space is on the first level toward the street and all of the parking is at the rear of the
building with 80 -85% garage mix to the units. There are essentially four (4) units per floor that "wrap" the
corners. The parks have been designed to connect so that there is no sense of isolation with any one park
there is a sense of continuing greenspace. Buildings along the perimeter are smaller scale; all of the buildings
have front doors oriented toward the street; guest parking is to the street with residents' parking behind the
buildings and not visible.
The mixed -use buildings are first floor retail; the community building has an exercise gym, coffee shop, sales
office, etc., with residential units above. The Urban plaza opens into green space. There are 8
different types of buildings developed and there is a sense of individual units rather than apartments that are all
the same.
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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: There are 7 outstanding issues in the Department Report—those can be
addressed at the Committee level. The Department is requesting that this item be forwarded to the May 8
Subdivision Committee meeting.
Commission Member Comments:
Sue Westermeier thought there were some good ideas, but they seem contradictory. The green space is
inadequate and that the parks are not really a park. There are not a lot of bike paths; there is not a lot of
variety just more of what we have already.
Jay Dorman requested that the petitioner look at the trash enclosure. Mail delivery inside the units—in the
lobby? The lighting has not been discussed. Is the garage entry into the units? The pool area adjacent —Jay
did not recall that this area was greenspace when Steve Pittman put it together—we can talk about it at the
Committee level.
Rick Ripma: Is the corner at Hopewell and Community actually a part of this development? Are you building
a parking lot? How much of this development is retail?
Charlie Frankenberger responded that the corner referred to is on the northwest corner of the site —there will
be NO parking lot built at this corner. Also, the buildings flanking Main Street are intended retail on the first
floor with residential lofts above; they are designed to be converted. Initially they will develop as mixed -use
buildings.
Docket No. 08020028 DP /ADLS, The Legacy Towns Flats was referred to Subdivision Committee for
further review on May 8, 2008 in the Caucus Rooms of City Hall.
6H. Docket No. 08030003 SW: 146` and Gray Office Complex
The applicant requests approval for a subdivision waiver, in addition to its primary plat
approval for 8 lots on 11.6 acres:
Docket No. 08030003 SW SCO 6.05.01 all lots shall abut a public right of way
The site is located at the southeast corner of 146"' St. and Gray Rd. and is zoned S-
1 /Residence, pending a B- 1/Business rezone (with restrictions).
Filed by Kelli Lawrence of Hearthview Residential, LLC.
NOTE: Docket No. 08030003 SW, 146"' and Gray Office Complex was heard together with Docket No.
07070003 Z 146"' Gray Rezone, and 07070004 PP, 146"' Street Primary Plat, listed as Items 7I and 8I
under Old Business.
H. Old Business:
11. Docket No. 07070003 Z: 146th Gray Rezone (146th St Office Complex)
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The applicant seeks approval to rezone 11.6 acres from S -1 /Residence to B -I /Business (with
restrictions) for an office /retail development. The site is at the southeast corner of 146 St.
and Gray Rd. Filed by Kelli Lawrence of Hearthview Residential, LLC.
2I. Docket No. 07070004 PP: 146th St Office Complex
The applicant seeks primary plat approval for 8 lots on 11.6 acres. The site is at the 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.
Joe Scimia, attorney, Baker Daniels, 600 East 96 Street, appeared before the Commission representing the
applicant. Also present: Kelli Lawrence, Hearthview Residential LLC.
This petition was initially filed in June, 2007 and has been under Committee review for quite some time. The
petitioner has met with the neighbors several times along with the Committee Chairperson and has responded
to requests and comments from the neighborhood. It was a lengthy but very productive process.
Regarding Public Hearing Docket No. 08030003 SW, there were several revisions made to the site plan
which necessitated the current request for the Subdivision Waiver. The Subdivision Control Ordinance
requires that all lots have public frontage. Several lots on the site plan do not have frontage either on 146"'
Street or Gray Road. Therefore, a Subdivision Waiver is requested to allow lots that do not have public
frontage. The petitioner states that the waiver is appropriate and asks for approval of the request.
Members of the public were invited to speak in favor of this petition; no one appeared. Members of the public
were asked to speak in opposition to the Subdivision Waiver petition, and the following appeared:
Cesare Turrin, 5436 Woodfield Drive, appeared before the Commission and asked that the Waiver request be
tabled until the two related, pending dockets are completed by the Plan Commission, including the City
Council action on the re -zone.
There were no further public comments, and the public hearing on Docket No. 08030003 SW was closed.
Rebuttal: Joe Scimia responded that he would not ask for a Tabling. It is not uncommon to condition
approval upon approval of the rezone. The primary plat and subdivision waiver would not be effective if the
rezone were not approved. Mr. Scimia would like to deal with this as a package rather than piece -meal.
Department Report, Angie Conn: The Department is now recommending holding off on voting on the
Subdivision Waiver until the Old Business for 146"' Gray is heard and voted on.
Joe Scimia then proceeded with the Primary Plat and Rezone for 146"' and Gray Road Office Complex. The
two issues are the primary plat approval for 8 lots, and a rezone of the subject property from S -1 to B -1. The
petitioner has provided restrictive covenants. Access to the site is off 146"' Street and Gray Road. The plan
provides for retail on the north half of the site and professional office on the southern portion. This proposal
was before the Committee for several months —there were a number of meetings with the neighbors and
members of the Committee.
A number of changes have occurred throughout the process. Site design —the buildings have been re- oriented,
the buildings are smaller; no building is more than 15,000 square feet. The smaller buildings meant an
increase in lots to 8 as shown. The re- orientation of the bank facility at the corner allows for the removal of
any parking on the outside perimeter and provides for visual and sound barrier to the south and east of the
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development —this also serves to contain the development to the interior of the project and allows a more
urban feel. Sidewalks /paths and bicycle racks have been added for pedestrian flow and access to 146"' Street.
Vehicular access has changed —the County requested right in/right out only at the access point on 146"'
Street —there is no provision to turn west onto 146"' Street from the Development; access is also located
farther to the east from Gray Road to provide a better line of sight.
The landscaping has changed. There is now significant landscaping to the southeast of the site —evergreens
will be installed along the entire perimeter to buffer the view from residential; and at the entry along 146
Street.
The common area for Block A has been increased from 4.1 to 4.48 acres. Other than removing dead trees, the
existing vegetation area will be preserved in its natural state. Regarding the dry detention area, there will be
water in the detention area at the 2 year, 5 year, and 100 year flood. The fencing basically encapsulates the
entire development.
A fence will basically encapsulate the entire development —brick on the southern perimeter, and will extend to
146 Street in a wrought -iron look. The development will be residential architecture in nature and no more
than one -story elevation. The pitch of the roofs will be in keeping with residential in appearance. Before any
building is constructed, ADLS approval is required. The petitioner commits to preserve the character
consistent and compatible to the residential developments to the south and east. All four sides of the buildings
will be finished architecturally; no more than 30% EFIS and 70% must be stone, brick or other comparable
materials; no wall or identifying signs visible from the south and east, and no mechanicals visible.
The petitioner has committed to limited use of the development —the only use allowed is general office,
professional office, medical office. The only retail -type uses are financial service, financial offices, ATM,
bank, real estate offices—basically a professional office park with one lot used as a financial institution.
At this time, the petitioner is requesting approval of the primary plat, a favorable recommendation to City
Council on the Rezone, and approval of the Subdivision Waiver.
Committee Report, Rick Ripma: The Committee looked at this project a long timeit is a good development.
The committee liked the layout, the restrictions, and the additional landscaping to block the view from
residential. The development will not adversely affect the neighborhood; the development is very residential in
nature and feel. The Committee voted a 4 -0 favorable recommendation.
Steve Stromquist said that he also had met with the neighborhood several times. Topics of discussion were:
scaling down the buildings, drainage, the easement, landscaping. The subject parcel and the neighborhood are
NOT at different grade levels —the neighbors' view will be looking at this development. This site is a very
difficult piece of property to develop. Steve Stromquist said he likes the potential look of the buildings —this
is a tough piece of land —there is no answer one way or another.
The Department reported that six remonstrance letters had been received today; copies have been distributed to
Commission members. In order to vote on the public hearing item —the Subdivision Waiver —the
Commission would need to suspend its Rules of Procedure.
Carol Schleif commented that her biggest concern is the number of buildings—it is not certain whether another
bank is needed and there is retail a few blocks in either direction. This is a tough site —Carol liked the
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residential character of the buildings. Another concern is the Gray Road access —with the right in/right out on
146' Street, the Gray Road access will be maximized.
Leo Dierckman expressed concern regarding the negative ramification of the fence around the dry detention
pond. It will only have water for 36 hours in a 100 -year flood. Fences collect trash and it will be an eyesore!
Joe Scimia stated that during a two year flood event, it takes 16 hours for water to dissipate; a ten -year flood
takes 28 hours for the water to dissipate —both the committee and the neighbors felt strongly that a fence
should be constructed. The legal drain will have more water in it than the detention pond will ever have. This
project will be developed and maintained with an association of owners and can be policed for investment.
ADLS review is required; the fence and evergreens are to be 10 feet at planting. There is no creek—basically
it is the Mitchner Legal Drain. There is a slight elevation difference between the property and the legal drain.
Rick Ripma asked if there was a bridge over the legal drain.
Joe Scimia responded that there are two bridges over the legal drain, located near the Snyder property.
Carol Schleif stated that even when there is water in the legal drain, there is not enough barrier to keep kids
from getting into the pond.
Joe Scimia said he is aware of a family that lives close to the area and an autistic child is a concern.
Woody Rider clarified that a fence is not required; it was asked for by the neighbors and agreed to by the
petitioner.
John Molitor stated that six (6) votes would be required to vote in favor or against, or it could be forwarded as
a no recommendation. John Molitor recommended dealing with the rezone first, then the plat, contingent upon
the rezone by City Council.
Susan Westermeier made formal motion to forward Docket No. 07070003 Z, 146 Gray Road Rezone
(146' Street Office Complex) to the City Council with no recommendation, seconded by Woody Rider and
approved 7 -0.
Note: Docket No. 07070004 PP, Primary Plat for 146' Gray Road Office Complex and the Subdivision
Waiver were Tabled until such time as the Council acts on the Rezone.
3I. Docket No. 08010011 DP /ADLS: Old Meridian Plaza
(RA Franke Subdivision, lot #8A) The applicant seeks site plan and design approval for a
4 -story office /retail building. The site is located at 12863 Old Meridian St. and is zoned
OM/MU- Old Meridian, Mixed Use. Filed by Ersal Ozdemir of Keystone Group, LLC.
Charlie Frankenberger, attorney, Nelson and Frankenberger, appeared before the Commission
representing Keystone Group, LLC. Also in attendance: Ersal Ozdemir and other members of the
development team.
The applicant is seeking design and site plan approval for a four -story office /retail building to be
known as Old Meridian Plaza, located at 12863 Old Meridian Street, within the OM/MU -Old
Meridian, Mixed Use Zone. The subject parcel comprises almost 2.5 acres.
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In order to allow this landmark building, a Use Variance and Development Standards Variance were
reviewed and granted by the Board of Zoning Appeals in February. The Use Variance allows a
veterinarian hospital with an indoor kennel; the Development Standards allows the sun screens on the
upper part of the building.
The building comprises 4 stories and 60,000 square feet and will be a beautiful, land -mark building
designed within the guidelines established by the City for the Old Meridian corridor. The building
has been brought up to the street with parking in the rear of the building. The building complies with
all of the requirements of the mixed -use district.
This development was reviewed by the Special Studies Committee and returned to the Commission
with a unanimous, favorable recommendation
Rick Ripma reported for the Special Studies Committee. The building is well- designed and thought
out, good location; a few items were gone over, but it was pretty cut and dried. The Committee
voted unanimously to recommend approval of this development.
Department Report, Angie Conn: The Department is recommending that the Commission vote to
approve this item with one condition: Commitments are to be formalized with the Department of
Engineering.
Woody Rider commented that the review of this project was easy and the building will be a welcome
addition to the City.
Charlie Frankenberger confirmed the petitioner's agreement to formalize commitments with the
Department of Engineering.
Woody Rider made formal motion to approve Docket No. 08010011 DP /ADLS, Old Meridian
Plaza, seconded by Rick Ripma, APPROVED 7 -0.
(Note: The petitioner committed to formalize commitments with the Dept of Engineering.)
4I. Docket No. 08030002 CPA: Bicycle Routes Loops Systems Plan
The applicant seeks to amend the Thoroughfare Plan section of the Carmel /Clay
Comprehensive Plan, in order to propose and identify a system of Bicycle Routes and Loops
on existing facilities. Filed by the Carmel Department of Community Services on behalf of
the Carmel Plan Commission.
Adrienne Keeling appeared before the Plan Commission representing the applicant. The petitioner is
seeking a favorable recommendation to the City Council to amend the Thoroughfare Plan section of
the Comprehensive Plan Amendment. Also in attendance: David Littlejohn, Alternative
Transportation Coordinator for the City of Carmel.
The map is intended to show an overall system of cross -town routes and a series of circuitous routes
throughout the community. Safety was a major concern expressed at public hearing. At the
Committee level, examples were distributed, specifically a map of a bike route from Portland,
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Oregon was distributed that showed difficult connections. The Department intends to mimic this
map and distribute to bicyclists throughout the community. TUp -dated versions and version control
will be on the published materials. The Committee voted a favorable recommendation back to the
Plan Commission.
At this time, a favorable recommendation to the City Council is requested.
Committee Report, Carol Schleif The Committee had a good discussion —the Portland map is really
nice —areas that are more difficult or less safe have red dots rather than a solid line. The Committee
also talked about color coding the routes so that easier routes would be another color and easily
recognized. There was discussion about posting the maps on the web site separate maps for the
loops and separate maps for the routes —for more experienced bikers. Discussion also included
road signs for "Caution" and other road signs to help guide people. Dan Dutcher was concerned
about packaging and how different information gets to different people and the public. The safety
issue kept coming up. Dan Dutcher made the motion to return this item to the Commission, still
with safety concerns; it was forwarded from the Committee to the Commission with unanimous
approval.
Department Report, Angie Conn: The Department is recommending a favorable forwarding vote to
the City Council.
Carol Schleif again stated how great the Portland map is and that it should be adapted for us. With
maps geared toward kids, there should only be the loops noted—connections across major streets
should not be shown —this is a conservative approach for inexperienced kids.
Jay Dorman commented that that the map is not perfect, maybe Portland is a better example, but the
map is OK as is except for the notation at dangerous intersections. Jay encouraged the Department
to consider the packaging but said it needed to be moved along. Jay recommended adding the date,
version, and phase number on the map so that wherever it is posted or printed, we will know we are
working with some version of the map—it will mature over time.
Carol Schleif asked if the map for Bike to Work Day could state "For Experience Riders" or some
such language. It would be a note for inexperienced bikers and yet not hold up the maps.
Adrienne Keling commented that any map distributed for `Bike to Work Day" would already have
the difficult crossings noted on the routes rather than on streets or existing pathways.
Woody Rider commented that when this is reviewed at Council, he would be certain to make safety
concerns known.
Susan Westermeier made formal motion to forward Docket No. 08030002 CPA: Bicycle Routes
Loops Systems Plan to the City Council with a favorable recommendation, seconded by Woody
Rider, Approved 7 -0.
Adrienne Keeling announced the dates of the Bike Rodeo for kids at three Carmel schools on May
12, 13, and 14.
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Note: At this time, John Molitor recommended that the Commission send West Park Annex,
Rezone, Docket No. 08030035 Z to the Executive Committee for forwarding to the City Council.
There are not enough members present this evening to suspend the Rules of Procedure. The date for
the Executive Committee would be determined and published with 48 hours notice.
Jay Dorman made formal motion to forward Docket No. 08030035 Z, West Park Annex Rezone to
the Executive Committee of the Plan Commission for review, seconded by Woody Rider, approved
7 -0.
5I. Docket No. 07030035 DP: Pro -Med Lane Holiday Inn
The applicant seeks site plan approval for a full- service hotel. The site is at 136th Street and
Pro -Med Lane, and is zoned B-6/Business within the US 31/Meridian Street Overlay. Filed
by Stacey Fouts of DeBoy Land Development Services, Inc.
6I. Docket No. 07070009 ADLS: Holiday Inn at Pro Med Ln
The applicant seeks architecture /design approval for a full- service hotel. The site is at 136"'
Street and Pro Med Lane, and is zoned B6, within the US 3I/Meridian Street Overlay. Filed
by Dave Coots of Coots, Henke Wheeler for Midwest Hospitality Group, Inc.
Dave Coots, attorney, Coots Henke Wheeler, 255 East Carmel Drive appeared before the Commission
representing the applicant. Also present: Sanjay Patel representing Midwest Hospitality Group; Steve
Fehribach of A &F Engineering; Mike DeBoy, DeBoy Land Services Engineering.
Dave Coots commented that this site was a part of the Pro -Med Development Plan that was approved by the
Plan Commission in 1990; this is lot number 2 of that Development Plan. Mr. Coots gave a brief history of
the current petition —from filing in February, 2007 for the site development plan and Architectural Design
within the Overlay Zone, to public hearing August 21, 2007 to Committee review and referral back to full
Commission. The project was delayed at Committee, in part due to the request for a traffic study —Old
Meridian was closed at the time of the initial traffic study due to the construction of a roundabout, and in part
due to the ability to obtain current numbers on the basis of traffic utilizing the particular area. Therefore, the
Committee asked that the traffic numbers be up- dated, and that was done by Mr. Fehribach and a traffic study
compiled. The traffic study was reviewed by the Committee and has been made a part of the record and
shared with the Dept of Engineering and the Dept of Community Services. If there are questions specific to
the traffic study, Mr. Fehribach is in attendance this evening and can respond.
The Traffic Study as well as the Department of Engineering recommended the addition of a right -turn lane to
the north side of 136"' Street. With that addition, in their judgment, the development is recommended for
approval as modified. The Committee also considered the architectural design of the project. It was made
known that there were perhaps a few too many colors and too many materials. As a consequence, the
materials have been reduced to two different brick being used on the major component of the hotel —and a
lower level masonry material being a terra cotta color, and a white color on the border; a total of 4 colors as
opposed to the 6 colors initially proposed.
The petitioner agreed with the Committee to limit signage to the north and west elevation of the building and
not sign anything on the east elevation of the building.
The Ordinance addressing the review of the site development plan starts in paragraph 24.01 Purpose and
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Intent: Development Plan and/or Architectural Design, Exterior Lighting, Landscaping Signage applications
shall generally be considered favorably by the Commission. That is especially so where the Committee has
found and the Department supporting the Committee have found that the application conforms with all of the
requirements of the Development Plan requirements, and those are located in Chapter 24.02 Development
Plan: A. Development Requirements. Two of the requirements are mirrored out of the Indiana Code.
Dave Coots represented to the Commission that there have not been any Departments, including the Dept of
Urban Forestry, the Dept of Engineering, the Department of Community Services or others that have found in
any way that this application does not meet the Development Requirements set forth in the Ordinance. The
Comprehensive Plan which is one of the criteria that the Ordinance sets forth that the Commission shall
consider in approving a site development plan and ADLS application designates this area as a high, medium
intensity regional employment area and the land use map within the Comprehensive Plan— although a
suggestion and not an ordinance—it does give the Commission direction as to land uses within the community.
As indicated, this is a regional employment area, high to median intensity.
More importantly, the zoning on this site is B -6, and B -6 permits this use without any waivers, without any
variances or modifications in the Development Plan or otherwise. Dave Coots said it was the petitioner's
position that having met those criteria that the Comprehensive Plan and Zoning Ordinance already permit this
property to be utilized for this type of development or purpose. The Committee report would indicate that with
the modifications that were made, the underground parking garage which increases the parking to a total of
155 spaces, now meets the Ordinance requirements. It is believed that there will not be outside persons using
the restaurant facility and this will be controlled by a voucher system for guests of the hotel.
Other elements that were considered by the special Studies Committee revolved around the landscape
component of the plan and the original tree preservation requirements on the site that were approved for the
Pro -Med project. At the suggestion of Ms Schleif, the east elevation of the building will be augmented with
evergreens as well as plantings proposed for the eastern portion of the site; this was approved by Scott Brewer
and has been worked out with the landscape architect for the petitioner.
From the comments made in the Staff Report, the conclusion can be that we have satisfied all of the
requirements. There is an inconsistency between the construction drawings and the landscape plan. Again,
that has been worked out with Scott Brewer and satisfies comment six (6) on the Staff Report.
Dave Coots offered final comments: There has been considerable concern regarding the intersection of Old
Meridian and the intersection with US 31. This was taken from the INDOT website as their Plan A as to how
they propose to intersect Smokey Row Road (136"' Street) down to the roundabout and the intersection with
US 31. This is their conclusion as to how it will develop after the completion of the Keystone Avenue project.
Scenario Two for the same intersection is the same treatment, except for the plan Carmel has for the
roundabout at Smokey Row Road that has been submitted to the Regional Committee. This is still to be
decided, but Mr. Coots wanted to share this with the Commission as far as this intersection. A variety of
different alternatives was discussed, and the Dept of Engineering and the Dept of Community Services
concluded that they preferred the addition of a right -turn lane along the north side of 136"' Street at its current
intersection with US 31.
Committee Report, Rick Ripma: The Committee went over everything —the design of the building, the
materials, the colors, the landscaping, parking lot, traffic flow—it came out of Committee with a 4 -0 "No
Recommendation" vote to the Plan Commission.
Department Report, Angie Conn: All issues have been discussed, lighting, architecture —they have been
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discussed for over one year. The Department has met with the City Engineer and agreed that the addition of
the right turn lane on Smokey Row Road would lessen the congestion at this intersection. The Department
recommends a final vote this evening.
Commission Discussion:
Jay Dorman: At what point in time is the traffic Level of Service below a reasonable service?
Angie Conn: The traditional peak hour time, when the most traffic occurs morning rush hour and evening—
the traffic report recommends improvements that would help with peak hours as well as 24 hours a day.
Jay Dorman: So, the worst Level of Service is "FT'
Angie Conn: Yes
Kevin "Woody" Rider: A lot of residents surrounding this area contacted Woody Regarding the traffic and
morning and evening rush hours —this location would have a third peak hour and that is after school in the
middle of the afternoon. Was this addressed at all?
Steve Fehribach, Traffic Engineer: The count was conducted between 4 and 7 PM. There is probably a
period of time when school dismisses between 3 and 4 PM —when traffic increases; it drops off, the picks up
again at 5 and 5:45. There may be a third hour that is high, but the traffic report uses the highest hour for the
Level of Service analysis. There probably is a third high traffic hour, but it is not as high as the pm peak
hour. When you look at the entire intersection, the school would be an outbound movement from 136"' Street.
The traffic analysis takes into account all movements at the entire intersection.
Carol Schleif asked about previous approvals on this property and whether or not a prior commitment had
been made on this property for land use—medical office use only.
Angie Conn: When the Pro -Med land was initially rezoned to B -6, there was a conceptual plan for medical
office use. There was a traffic study produced with the initial rezone. With the new plan, it is no longer
conceptuala new traffic study was done, the entire public hearing process for approval was gone through
At the rezone stage, those uses in the B -6 District were the guidelines.
Dave Coots: When the rezone to B -6 was approved in June 1990, commitments were made and recorded. At
that time, there was a list of uses excluded, beginning with auto parts and tire center, ending with veterinary
hospital and kennel—it did not exclude the proposed use.
Jay Dorman said he served on the Plan Commission when this ground was rezoned to B -6 and was confident
that at no time did the Commission intend for this property to be anything but a compatible, medical —office
type use and certainly not a hotel.
Dave Coots commented that as shown by the traffic study, the proposed use generates less traffic that what
was approved in 1990. An office building would generate 171% more traffic that the proposed use because of
the spreading out of different hours.
Carol Schleif: The B -6 rear yard requirement is 60 feet —the Overlay does not mention rear yard at all. Also,
the Overlay talks about intent of the Overlay to orient new buildings with longest access to adjoining highway
it pertains to, and having parking in the rear. Was there anything at the time of the rezone that granted
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permission to put the parking in the front?
Angie Conn: The US 31 Overlay does have side and rear yard requirements. In this instance, because it is
located adjacent to the Justus Office Project—it is a 15 foot setback within the 31 Overlay District.
Carol Schleif: So, are they allowed to put parking in the front at any point in this approval?
Angie Conn: I think it's always been permitted.
Carol Schleif: Well, 23 B 08 says the intent is to orient the buildings in the Overlay toward the highway with
the intent of putting parking in the rear. Carol said she would look it up.
Dave Coots: The initial Pro -Med site development plan approval established the setbacks and the orientation
of the buildings to run north/south as approved 4 -5 months ago with the Justus Building. The proposed
development mirrors that orientation. Parking is to the west of the proposed building; to the east of the Justus
building.
Carol Schleif had further questions regarding set back and a prior Department Report in November 2007.
Michael Hollibaugh addressed the Commission and said the situation had regressed to Committee work. If this
Docket was not ready to come out of Committee, the Special Studies Committee should not have sent it on to
the Commission. The Department has covered all of the zoning issues—it has been reviewed by Engineering,
it has been reviewed by Technical Advisory Committee. There is no recommendation from the Department
this evening, but Mike felt that the petitioner had worked hard to bring in a project that met all of the issues
that go along with the Overlay Zone, they have designed a building that is largely brick, incorporated
underground parking —they have addressed all of the issues. To answer Carol Schleifs question regarding
proximity of building to parking, the Overlay Zone has evolved over time and has tried to push the parking
behind the buildings. We could not just continue to ask and not get it, which is what was happening. The
medical buildings at 106' and US 31 in the northeast corner —those are the last buildings that have parking to
the front. We amended the Ordinance in 2000 to require parking to the rear, building to the front.
Carol went back to a list of issues that she had prepared that have not yet been resolved, things that are not
consistent with this project. Parking is still an issue, trees are an issue, EFIS material on the buildings......
Dave Coots said the EFIS was taken out and is no longer an issue.
Carol Schleif: "I have not seen any drawings —will we see mechanicals from US 31? I spent a couple of days
going over a year's worth of stuff, we did not get a packet —you are not going to win votes here. The garage
area—in order to have mechanical ventilation, you've got to have 50% of the area open —where are the
windows I don't see any elevations that show what is going on there. These are issues that should have been
resolved a year ago. I guess I know how I'm going to vote here I'll pass for now.
Leo Dierckman commented that this item had been at Committee long enough. The Commission needs to
consider the issues and whether or not the proposal meets the criteria.
Rick Ripma made formal motion to approve Docket No. 07030035 DP: Pro -Med Lane Holiday Inn and
Docket No. 07070009 ADLS: Holiday Inn at Pro -Med Lane. The motion died for lack of a second.
Carol Schleif made formal motion to deny Docket No. 07030035 DP: Pro -Med Lane Holiday Inn and
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Docket No. 07070009 ADLS: Holiday Inn at Pro -Med Lane, seconded by Jay Dorman, approved 7 -0.
There was no further business to come before the Commission and the meeting adjourned at 8:30 PM.
Leo Dierckman, President
Ramona Hancock, Secretary
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