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HomeMy WebLinkAboutMinutes PC 01-24-08City of arme D10 CARMEL PLAN COMMISSION THURSDAY, JANUARY 24, 2008 Minutes The Carmel Plan Commission met at 6:00 PM on Thursday, January 24, 2008 in the Council Chambers of City Hall, Carmel, Indiana. The meeting opened with the Pledge of Allegiance. Members present: Leo Dierckman, Jay Dorman, Wayne Haney, Kevin Heber, Kevin "Woody" Rider, Rick Ripma, Carol Schleif, Madeleine Torres, and Susan Westermeier, thereby establishing a quorum. Kevin Rider was sworn in as City Council representative to the Plan Commission. Jay Dorman and Wayne Haney were sworn in as re- appointed members. Election of Officers: Leo Dierckman was elected President of the Plan Commission by Unanimous Consent. Rick Ripma was elected Vice President of the Plan Commission by Unanimous Consent. By Unanimous Consent, Madeleine Torres was elected to the Board of Zoning Appeals as the Plan Commission Representative. Carol Schleif was elected to the Hamilton County Plan Commission by Unanimous Consent. Jay Dorman was elected as Plan Commission Member at Large by Unanimous Consent. The minutes of the December 18, 2007 meeting were approved as submitted; the minutes of the November 20, 2007 meeting were approved as corrected. John Molitor, Legal Counsel, recommended that the Plan Commission elect an alternate to the Board of Zoning Appeals in the event Madeleine Torres is unable to attend a meeting. John Molitor also reminded the Commission of the Executive Committee immediately following the conclusion of the full Commission meeting. Jay Dorman made formal motion to designate Rick Ripma as the Plan Commission alternate representative to the Board of Zoning Appeals, seconded by Carol Schleif, Approved 9 -0. S: /P1anCommis Sion /Minutes /2008/PC -2008j an24 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Department Report, Angie Conn: Lakeland Subdivision was tabled to the March meeting; Wellsprings of West Clay has officially been Withdrawn by the Petitioner. Adrienne Keeling addressed the Commission on behalf of the Department. A workshop /training session has been planned for February 09 at the Monon Center, Central Park. March 15 has been set aside as the date for the Transportation Seminar, location to be determined. The Department will be looking at establishing a bicycling network across the Township. In view of recent roadway improvements, multi -use path installations, and a vast network of residential streets, there are probably very easy but not obvious ways to cross the township on a bicycle or even forming recreational loops in the township. The Department is asking for assistance in identifying and eventually publicizing recommended routes by establishing a Short Term Task Force. Councilperson Ron Carter as well as other experienced bicyclists have stated a willingness to lend their time to the effort. By establishing a task force outside of the Plan Commission, we can brainstorm and even receive public input outside the regular Plan Commission meeting so that special meetings will not be required and the regular meetings will not have to be lengthened. The goal is to be able to report recommended routes to the Plan Commission in March. Kevin Heber volunteered to serve on the task force. Nick Kestner, Karen Bohn and Judy Hagan have also stated a willingness to serve on the Temporary Task Force. 1. WestClay Economic Development Plan Resolution By: Michael Shaver; Wabash Scientific, Inc. Leo Dierckman reported for the Executive Committee that met in December, 2007 to review the Economic Development Plan and Resolution. The Committee voted 3 -1 favorable recommendation; modifications have been made to the document. Michael Hollibaugh, Director of DOCS explained the Development Plan and Resolution. When this item was tabled at the December Plan Commission meeting, it was due to suggested amendments from the City Council member Rick Sharp. At that time, Rick Sharp had not seen the amended document. After Rick Sharp reviewed the document, he has endorsed the changes. Therefore, the document that was put together in December and distributed is the document that is viable and presented for approval this evening. Leo Dierckman clarified that the document for approval this evening states that it meets the Comprehensive Plan for the west Clay area. Michael Hollibaugh further clarified that the project is the southwest corner of West Clay that includes the 100,000 square -foot retail area as well as the acreage that the Stratford project occupies. Jay Dorman made formal motion to approve WestClay Economic Development Plan and Resolution No. PC- 01-24-08, seconded by Madeleine Torres, Approved 8 in favor, one opposed (Ripma.) H. Public Hearings: 1 -2H. Docket No. 07110025 PP: Dapper Estates The applicant seeks primary plat approval for 2 lots on 0.984 acres. One subdivision waiver requested is: Docket No. 07110026 SW SCO 6.05.01 lot with no street frontage S: /P1anCommission /Minutes /2008/PC- 2008jan24 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The site is located at 1340 Rohrer Rd. and is zoned R -1 /Residence. Filed by Matt Skelton of Baker Daniels, LLP for Robert Dapper. Matt Skelton, attorney, Baker Daniels, 600 East 96"' Street, appeared before the Plan Commission representing the applicant. Also in attendance: Robert Dapper, property owner. The applicant is requesting consideration for the Primary Plat for Dapper Estates, a two -lot subdivision. The situation is somewhat unique. The property as it exists today is slightly in excess of one acre; after the dedication of additional right -of -way on Rohrer Road, the property is slightly less than one acre. There are two homes existing on the property today and no new homes are proposed. The reason for requesting approval of the Primary Plat is to allow Mr. Dapper to sell the property as is, with the existing homes. For the past two and one -half years, Mr. Dapper has not been successful in selling the property with the two homes on it. One of the challenges has been that it is difficult to get comparable sales figures for two homes on one lot. Approval of the primary plat will allow the sale to individual home buyers. There will only be one driveway cut —there is a common access easement shown on the plat where the drive is today and that is where the two homes will continue to access the drive. The petitioner has requested a waiver for street frontage. After meeting with the Department Staff and attorney John Molitor, there are a couple of waiver items that may still need to be addressed. 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 has addressed all except one of the Department's review comments. As stated, there will be at least one more subdivision waiver requested and approved. At this time, the Department is recommending this item be forwarded to the February 5 Subdivision Committee meeting. Commission Comments: Carol Schleif asked that revised drawings be submitted with inclusive information prior to the February 5 committee meeting. Docket No. 07110025 PP, Dapper Estates, and Docket No.07110026 SW were referred to the Subdivision Committee on February 5, 208 at 6:00 PM in the Caucus Rooms of City Hall. 6 -9H. TABLED to FEBRUARY 19 Docket No. 06090037 PP: Lakeland Subdivision The apphealit seeks primary plat appfeval for- 5 lets en 10 aer-es. The appheant also seeks the fbllew* Doeket No. 0707005 �r,.W SCO 8.09 sidewalks on b sides of street D oeket No. 07070056 S �stub street to adjaeent- Paree.s Docket No. 07070 057 SW SCO 6.03.07 FUI de snC le ng th The is leea4ed 12650 Clay- Center- Read and is zoned SI/Residene fled b I. Old Business: S: /P1anCommission /Minutes /2008/PC -2008j an24 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 1 -31. OFFICIALLY WITHDRAWN Docket No. 07080031 PP: Wellsprings of West Clay The applicant seeks primary plat approval for 11 lots on 14.3 acres. Also, subdivision waivers requested are: Docket No. 07080032 SW SCO 6.05.07 homes facing an arterial/collector road Docket No. 07080033 SW SCO 6.03.07 cul -de -sac length The site is located at approximately 12210 Shelborne Rd. and is zoned S -1 /Residence. Filed by S. Kurt Menner of Lifesprings Group, LLC. 4I. Docket No. 07090014 DP /ADLS: Weston Park, lot 2 Mike's Carwash The applicant seeks site plan and design approval for a car wash. The site is located at 10580 N. Michigan Rd. and is zoned I -1 /Industrial within the US 421 Overlay. Filed by Jim Shinaver of Nelson Frankenberger for Mike's Car Wash Inc. Jim Shinaver, attorney, Nelson Frankenberger appeared before the Plan Commission representing the applicant. Also present: Jerry Daum, owner of Mike's Car Wash; Terry Wells, Director of Construction for Mike's Car Wash; Frank Hines, Cripe Engineers; Miles Fleckner, Landscape Architect, Lawn Pride. The applicant initially appeared before the Plan Commission on November 20 and was referred to the Special Studies Committee. At this time, the petitioner is returning for a final vote on the Development Plan and ALDS petition. The proposal is for a Car Wash facility to be located near the southwestern intersection of 106"' Street and Michigan Road. There were a few comments at the initial hearing regarding stacking capacity, site circulation and safety issues. As a result of the comments and concerns expressed, the site plan was re- evaluated and revisions were made to increase the stacking capacity and also improve the site circulation. The suggestions received and the revisions made to the plan have benefited the projected in a positive manner. The revised plan provides for moving the car wash facility into the center portion of the property and re- locating the self service vacuum bays to the northern portion of the site. These changes resulted in the increased capacity for car stacking-3 stacking lanes to 4 stacking lanes. At the entrance /exit locations to the site will be entrance and exit signs to help safely direct the traffic flow. The signs will be smaller than three square feet in size and will provide notice to drivers as to where they need to enter and exit the property. The site plan now incorporates painted directional arrows on the asphalt in the enter /exit locations of the site to provide for safe direction of the traffic. These changes in the re- design of the site should result in safer site circulation for the customers. It should be noted that these changes were the result of Bill and Jerry Daum deciding to spend considerable extra money to relocate a County drainage easement that was affecting the northwest potion of the site. The drainage easement was affecting that particular corner of the site as far as the ability to incorporate landscape plantings near the building. The drainage easement will be removed completely off -site and will no longer affect that portion of the site. The petitioner has now incorporated more significant landscaping in the northwestern corner portion of the site. The benefit of the expense incurred, again, is an improved site plan, i.e. site circulation safety based on changes made to the project, shorter stacking lanes, and better landscaping treatment for the northwestern portion of the site. Significant landscaping will still be installed along the eastern portion of the site adjacent to Michigan Road and will also include the mounding treatment. The landscaping and mounding should help to provide a shield and buffer to cars passing by on Michigan Road as it looks upon the site. S: /P1anCommission /Minutes /2008/PC- 2008jan24 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The building elevations and renderings were shown of the facility. Scott Brewer was given a copy of the site rendering. The mounding and landscaping are intended to provide a shield to the cars going through the drive thru lane. The landscaping provides a screening to the lower portion of the car, the tires, and the headlights. Frank Hines provided additional information regarding the green building techniques considered for the site. Jim Shinaver referred to comments in the Department Report. Scott Brewer, Urban Forester, did have two minor issues and those have been discussed with Miles Flechner and addressed. Scott Brewer is comfortable with this item moving forward at this time. The petitioner has no outstanding issues with the County Surveyor, County Highway Department, or the Department of Engineering. Those agencies are also comfortable with this project moving forward. The petitioner has submitted to the Staff, both electronically and hard copy of a revised lighting, photometric plan that shows the site lighting is in compliance with the Ordinance requirements in regard to lighting. Jim Shinaver explained the vote taken at the Special Studies Committee. There was concern expressed regarding the Mike's facility on Range Line Road as it relates to the City Noise Ordinance as well as the procedure of appearing before the Plan Commission for the ADLS and Development Plan approval prior to going before the Board of Zoning Appeals for the variances the petitioner is seeking on the Michigan Road project. The Mike's facility on Range Line Road was approved in 2004. Jim Shinaver said he had carefully reviewed the project as it relates to the noise ordinance, minutes of the various hearings, and the Letters of Grant from the Plan Commission and the Board of Zoning Appeals. Based on the review, Mike's was not required to provide any commitments regarding noise issues nor were there any conditions imposed upon approval related to noise. The noise ordinance was in effect at the time the project was approved, and Mike's understood that they had to comply with the Noise Ordinance. Since the approval of the Range Line Road facility in 2004, Mike's is not aware of receiving any complaints or formal notices regarding noise issues at the Range Line Road site. However, as a courtesy to the Special Studies Committee and to adequately address the concerns expressed, Jerry Daum hired a sound engineer to study the Range Line Road site. The sound engineer conducted his study January 21S and the results of his study indicate that the Range Line Road site is in compliance with the Noise Ordinance. The other issue discussed at the end of the Committee meeting pertained to the Michigan Road proposal relating to the procedure for both Plan Commission DP /ADLS approval as well as the variances the petitioner is seeking through the Board of Zoning Appeals. The petitioner is encouraged to meet with the DOCS planning staff prior to filing so that it is understood what the expectations are from the staff and seek their guidance. The Mike's team followed this advice and numerous meetings have been held with the Staff on both the Plan Commission and BZA issues that relate to this project. Throughout the process, the Staff has never expressed concern as to the sequencing —Plan Commission prior to BZA. While each case is unique, Jim Shinaver said it made more sense to have the Plan Commission complete its review of the ADLS and design of the site prior to appearing at the Board of Zoning Appeals; then the petitioner would know the Commission has completed its comprehensive review of this particular proposal. In any event, the two issues resulted in the no recommendation vote. It is probably accurate to say that two of the three Committee members in attendance seemed to accept the project and were happy with the changes and comfortable with moving the project forward to the Plan S: /P1anCommission /Minutes /2008/PC- 2008jan24 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Commission. If there are no outstanding issues at this time, the petitioner respectfully asks for approval this evening. Committee Report, Sue Westermeier: The petitioner accurately characterized the committee results. The committee was not comfortable with voting in favor of the project with so many variance requests pending at the BZA (the chicken/egg thing) and there was no real good conclusion —that is why the Committee went forward with the no recommendation. The revised site plan is much better, but there are still concerns regarding the entrance on the north side —the access at this point would be congested and unsafe. Kevin Heber explained his vote at the Committee level. The sequencing, BZA first or Plan Commission first was a concern. Kevin said that in the past, arguments have been made for exceptions or variances based on unique use and when it was debated at BZA, it really was not necessary and modifications were made. There are one or two things on the plan that could be changed; Kevin was not comfortable putting the cart before the horse. The concession on the noise ordinance is appreciated, but it is felt that perhaps we might want to go a little beyond the ordinance in this particular case regarding the Range Line Road location. In view of the exceptions here, Kevin felt that we should look beyond the Ordinance. Department Report, Angie Conn: The chicken/egg issue has come up before —Plan Commission/BZA. In this particular case, the Department Staff does support the time -line that the petitioner has chosen. The Staff tries to run petitions parallel with BZA/Plan Commission. All other issues on this Docket have been addressed and there are no further, outstanding issues. The Department does recommend that the Plan Commission approve this item this evening. Rick Ripma also questioned the north access point. The petitioner is not expecting anyone to use this as an entrance rather than an exit? Jerry Daum, owner explained the traffic flow and access on the north side; occasionally there are customers who just want to vacuum their car only. We don't anticipate that much traffic at the northern access point; we would be happy to either put an arrow on the ground or another sign "do not enter" so they know they cannot cross rather than having them come in the main entrance and crossing the exit of the car wash, the north access point. It is anticipated that there will be very little traffic at the northern access point. In Jerry Daum's professional opinion, there would not be any problem with the northern access point. Leo Dierckman commented on the BZA issue VS the Plan Commission process, although not related directly to this project. Leo said he would rather have this body have more influence on the design of a project before it goes to BZA. If the BZA grants certain variances, the petitioner can return to the Plan Commission and state that they already have a variance for a certain item —and that may not be the best plan. The best planning is done at the Plan Commission —the BZA does not have the same depth of experience that the body of the Plan Commission has. The BZA deals with variances, mostly, not planning issues. In this particular instance, the Plan Commission may have had more flexibility. Jay Dorman commented that there are only three that would drastically affect the site plan —the first three. If the BZA required more parking spaces, denied the front yard, and required more perimeter landscaping —those felt to be "trigger" points for a redesign. Otherwise, Jay said he was comfortable making a motion for approval as long as the BZA granted at least the top three; that way, it does not affect the layout of the project as far as stacking visibility, wall signage, menu boards, building fagade, etc. The only three that are "show stoppers" are the first three variances. S: /P1anCommission /Minutes /2008/PC- 2008jan24 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Jim Shinaver's response: If a motion is made for approval, they would fully expect it to be subject to obtaining the variances they are seeking. If the variances were not obtained relating to site design, and Mike's Car Wash still wanted to go forward with the project, absent those variances, we would have to come back to this body for an amended ADLS review. The ADLS review would provide a opportunity to review the re- designed site that resulted from the lack of obtaining those variances. Leo Dierckman referred to the stuffed animals that Mike's has traditionally had at their various locations. Leo asked that the stuffed animals NOT be visible from a public right -of -way. Carol Schleif asked about the number of parking spaces —how many is the petitioner short of spaces? Jim Shinaver thought the number was seven (7). The parking was a part of the review process for the Board of Zoning Appeals on Monday. The parking provided is to accommodate the number of shift employees plus a few extra spaces in the event a customer would park and come into the facility for a coupon book, etc. The site is designed so that a customer would not have to park and go into the facility —this can be done through the drive- through facility or exit the site through the relief area. Jay Dorman noted that there is a bank on either side of the carwash facility and those parking lots could probably be utilized on Saturday afternoon or Sunday. Kevin Rider commented that he is very sensitive to parking and does not see a problem with this use. Rick Ripma asked if the variances would run with the property or would they be specific to this use. John Molitor responded that the variances would run with the property, but only as to this use. If a different use comes in and requires any change in the Development Plan or the ADLS, they would have to appear before the Plan Commission. If any change whatsoever is made in the architectural design, signage, parking, ingress /egress, etc., the petitioner would have to appear before the Plan Commission. Rick Ripma also asked about the landscape requirements—if the petitioner was short, and why. Jim Shinaver said the petitioner actually exceeds the planting requirements. The variance was initially caused by the northwestern corner and the location of the casement—landscape plantings could not be planted because of the easement as well as adjacent to the building. As a result of re- locating the easement, the petitioner can plant this particular area. The petitioner actually exceeds the overall planting requirement. The front yard adjacent to Michigan Road required a certain amount of perimeter planting buffer and because of the site design and landscaping needs, we were short a certain number of feet into the planting yard. As explained, the petitioner has received permission from INDOT to encroach into the right -of -way adjacent to Michigan Road, approximately 17 feet into the right -of -way, and that will be utilized for mounding and landscaping plantings. Kevin Rider made formal motion to approve Docket No. 07090014 DP /ADLS, Weston Park, lot 2, Mike's Car Wash, contingent upon approval of variances requested from the Board of Zoning Appeals and also conditioned upon stuffed animals NOT being visible from any right -of way, seconded by Wayne Haney, APPROVED 9 -0. The meeting was adjourned at 6:55 PM. The Executive Committee Meeting commenced approximately 7:00 PM, and it was deemed not necessary to provide for formal minutes. S: /P1anCommission /Minutes /2008/PC- 2008jan24 7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Leo Dierckman, President Ramona Hancock, Secretary S: /P1anCommission /Minutes /2008/PC -2008j an24 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417