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HomeMy WebLinkAboutMinutes PC 06-17-08City of arme D10 CARMEL PLAN COMMISSION TUESDAY, JUNE 17, 2008 Minutes 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, Dan Dutcher, Wayne Haney, Woody Rider, Rick Ripma, Madeleine Torres. A moment of silence was observed in memory of Chuck Weinkauf, past BZA board member and committed public servant. The minutes of the May 20, 2008 meeting were approved as submitted. DOCS Staff in Attendance: Director Michael Hollibaugh, Angie Conn, Adrienne Keeling. Also present: John Molitor, Legal Counsel. Department Report, Angie Conn: Item 211—the petitioner published Public Notice ten days prior to the Plan Commission meetinga suspension of the Rules of Procedure would be required in order to hear this item. Suspension of the Rules requires an 8 member vote. Item 4I, Docket No. 08020028 DP /ADLS, The Legacy Towns Flats —the alternative date for the Subdivision Committee did not come to fruition, therefore, this item cannot be voted on this evenmg. Item 5I, Docket No. 07010008Z, 116 Guilford Rezone —this item remains at the Committee level and will not be voted on this evening. Legal Counsel Report, John Molitor: An Executive Session is recommended for July 2, 2008 to discuss Holiday Inn litigation. Legacy PUD Economic Development Plan Resolution By: Thomas Pitman, Baker Daniels, LLP Thomas Pitman, attorney, Baker Daniels appeared before the Commission representing the applicant. Nick Churchill, Pittman Partners was also present representing Legacy PUD. On May 21, 2008, the City of Carmel Redevelopment Commission took action to approve a Declaratory S:/P1anCommission/Minutes/PC /2008 /june 17 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Resolution to declare an area of Carmel to be within the Economic Development Area; the area is located on the west side of River Road at 146"' Street on the far northeast side of Carmel. The Legacy Company is proposing to do residential and commercial development of the currently undeveloped parcels. Legacy is seeking the ability to benefit from infrastructure improvements that will be paid for from a Tax Increment in the proposed area. After the Plan Commission acts on the Resolution, the next procedural step is to seek approval at the City Council after the notice and public hearing process; the Redevelopment Commission would consider final action following public hearing at City Council. At this time, the Redevelopment Commission is requesting that the Plan Commission consider a Resolution to approve the establishment of an Economic Development Area for The Legacy Project. Nick Churchill, Pittman Partners, addressed the Commission and described what the TIF (Tax Increment Funding) would be used for. Nick Churchill gave a general overview of The Legacy mixed use development plan that includes residential and commercial as well as a Continuing Care Retirement Center. The Economic Development area proposes to provide funding to complete infrastructure in a single project rather than incrementally as the market would dictate. The infrastructure would include Cherry Creek Boulevard collector street, as well as Community Drive collector street indicated on the Thoroughfare Plan. Cherry Creek is an cast/west collector that would take traffic from River Road to Hazel Dell Parkway; Community Drive would be the north/south collector. Essentially, this involves the complete construction of the infrastructure as one cohesive project rather than incrementally. Additionally, there are extensive off -site improvements on River Road that would be completed that would far exceed what would normally be required for the development of this property. The improvements would extend all the way from the current improvements on 146"' Street south to the entrance of Haverstick Boulevard/Haverstick neighborhood. The improvements would also include the creation of The Legacy Park and Wildlife Sanctuary, approximately 57 acres of open space. The Carmel Thoroughfare Plan calls for an 80 foot right -of -way on Cherry Creek Boulevard. The Legacy PUD includes a split of 50 feet /50 feet of right -of -way with a variable 80/20 foot common area that conveys storm water naturally. The proposal far exceeds what was ever envisioned for this collector road and provides a much needed traffic outlet and route, not only for what exists today, but also what is planned in the future. Community Drive is another great outlet that provides access for what we anticipate to be a lighted intersection at 146"' Street. The Thoroughfare Plan calls for an 80 -foot right -of -way; The Legacy is proposing a 96 foot right -of -way. The River Road improvements would be 5900 feet or roughly 1.1 miles —very significant improvements that can be done by the private sector quicker and at a lesser cost. The cost allocation for all of the elements of the Economic Development Area are as follows: Improvements tc River Road, $3,121,172; construction of the River Road/Hazel Dell Parkway improvements represent $3,363,984; natural open space amenity related to the development of the wetlands park and wildlife sanctuary area represents $1,357,031; and construction of the Community Drive collector street represents $542,813. The total cost allocation is $8,685,000. Leo Dierckman noted that it was the Plan Commission's job to determine whether or not this Development Plan meets the Economic Development Plan of the City. These improvements are very much needed on the east side of Carmel and will alleviate a lot of traffic on Cherry Creek Boulevard. Woody Rider commented that if this were done as a City under a Bond program, it would cost 30% more as opposed to doing it in the private sector. Jay Dorman asked about increased traffic through the Cherry Creek neighborhood and whether or not this S:/P1anCommission/Minutes/PC /2008 /june 17 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 would alleviate that. Nick Churchill responded that by the nature of the connection, the road will now go somewhere —the road still has a residential feel. A smaller width road results in a lower speed for the vehicles. The connection is meant as a secondary arterial. Jay Dorman made formal motion to forward the Legacy PUD Economic Development Plan and Resolution to the City Council for further action with a positive recommendation from the Plan Commission, seconded by Woody Rider, approved 7 -0. H. Public Hearings: 111. Docket No. 08060001 OA: Monon and Main PUD Amendment The applicant seeks approval to amend Ordinance Z- 462 -04 Monon and Main PUD for the purpose of allowing non residential uses on upper floors in the Primary Area. The site is located at the intersection of Main Street 3r Avenue NW and is zoned PUD. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Adrienne Keeling, Department of Community Services appeared before the Plan Commission representing the applicant. Approval is being requested to amend the Monon and Main PUD Ordinance to eliminate the garage requirement for non residential units, although the garage requirement remains intact when used as a residence; eliminate the first floor limitation as a live /work dwelling and allow ground floor retail storefronts along Main Street in the Primary Area; and correct a scrivener's error on page 6, (3.5) To date, four units in this area have successfully petitioned the Board of Zoning Appeals for a variance to allow expansion into garages and/or upper floors, and three more petitions are pending. Currently there are 23 potential live -work units within the Primary Area of the Monon and Main PUD. Since several variances have been granted, the City feels it is appropriate to amend the PUD Ordinance to allow this practice to continue without petitioning the Board of Zoning Appeals. Members of the public were invited to speak in favor of the petition; the following appeared: Public Remonstrance /Favorable: Jeff Watkins, 234 West Main Street, agrees with the proposed action —says it should have been done initially. Masomeh Ardalan, Soori Gallery, 258 West Main Street, agrees with the petition —better to do collectively as opposed to individually. Josh Frederick, 246 West Main Street, says all neighbors are in favor of this action. Members of the public were invited to speak in opposition to the petition; no one appeared and the public hearing was closed Department Report, Angie Conn: The Department would normally recommend suspension of the Rules of Procedure in order to vote on this item; however, that is not possible with the number of Commission members present this evening. This Docket is recommended for forwarding to the Subdivision Committee to balance the work -load of the Committees. S:/P1anCommission/Minutes/PC /2008 /june 17 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Rick Ripma was concerned about how the garages would be finished on the outside —would they look like a garage or a house. Adrienne Keeling responded that there has been no talk yet about how it will be done—nothing pre determined. Rick Ripma was adamant that the exterior should look like a garage. Docket No. 08060001 OA: Monon and Main PUD Amendment was forwarded to the Subdivision Committee for further review on July 1, 2008. 2H. Docket No. 08060002 ZW: West Carmel Dr. Retail (Meijer Outlot A) The applicant seeks zoning waiver approval from Section 20G.05.07.B for a reduced building height for a new fagade design. The site is located at the northeast corner of Carmel Dr. Pennsylvania St. and is zoned OM/M Old Meridian District/Meijer Zone. Filed by Ken Cave of Thomas English Retail Real Estate, LLC. Paul Reis, attorney, Bose McKinney Evans was present on behalf of the petitioner. Ken Cave, Thomas English Retail Real Estate was also present. Note: Due to only 10 days publication of notice and an insufficient number of members present to suspend the Rules of Procedure, (7 attending, 8 required to suspend) this item could not be heard in public hearing this evening. Jay Dorman made formal motion to DISCUSS Docket No. 08060002 ZW, West Carmel Dr. Retail (Meijer Outlot A) seconded by Rick Ripma, Approved 7 -0. Paul Reis stated that the building was originally approved at Committee and in the course of construction drawings, certain issues came up regarding the cornice and the roof. After the fact, an ADLS Amend application was filed to change the cornice of the building and the roof. The Special Studies Committee was uncomfortable with the change and recommended the zoning waiver for the roof articulation/design. There was also some concern with the proposed change and how it would fit within the Old Meridian District. Ken Cave said the elevations have been changed, maximum height is now 25 -26 feet, and the bottom height is 18 feet. The glass is from top to bottom; the sign band has been moved from the middle to the top of the building, and awnings have been carried across the front to the side of the building, west to south, since the overhang has been eliminated. The roof -top HVAC is screened and cannot be seen. The columns have been carried all the way up utilizing the same material. Paul Reis said he hoped to resolve the changes at Committee and would bring new plans to the Committee for final action on the ADLS and will return to the Plan Commission for the Zoning Waiver. Docket No. 08060002 ZW, West Carmel Dr. Retail (Meijer Outlot A) will be heard at the July 15, 2008 Plan Commission meeting as a public hearing item. I. Old Business: 1 -3I. Docket No. 08020021 DP Amend /ADLS Amend: Staybridge Suites S:/P1anCommission/Minutes/PC /2008 /june 17 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 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, attorney, Nelson Frankenberger appeared before the Commission representing the applicant. Also present: David Wespiser, managing partner, Hotel Development Services; Chris Laystrom, Woolpert Engineering; Jamie Browning, Browning Real Estate Investments. Jim Shinaver gave a brief history of the Docket from public hearing, Committee, and return last month to the Commission with a no decision vote. Jim Shinaver noted that in addition to previous commitments made on this property, commitments have been tendered to the Department and are ready for recording regarding no music piped outdoors, an approved landscape plan for the southern boundary, and a revised LEED memo per the request of the Staff. At this time, the petitioner is requesting a final vote on this Docket. Committee Report, Rick Ripma: There were a variety of issues discussed at Committee —the previous commitments on this property, privacy for the neighbors, evergreens requested for year -round sight buffer, space between the homes and the proposed structure, and the operation of a 24/7 facility as opposed to the office building previously approved. The Committee was satisfied with proposed commitments from the petitioner and voted to recommend approval. Department Report, Angie Conn: At this time, the Department is recommending approval with two conditions —compliance with Carmel Dept of Engineering requirements, and copy of the recorded commitments submitted to the DOCS. Woody Rider made formal motion to approve Docket No. 08020021 DP Amend /ADLS Amend, Docket No. 08020022 CA and Docket No. 08020023 ZW, Staybridge Suites, subject to submission of recorded commitments to DOCS and full compliance with Carmel Dept of Engineering requirements, seconded by Madeleine Torres; Approved 6 in favor, one opposed (Dorman.) Note: Leo Dierckman announced that the following two items could not be heard, since no committee action/recommendation was made to the full Commission. Jay Dorman suggested that if a Committee has not been able to meet and vote on an item, that the Docket would return to the full Commission for a vote rather than remaining at the Committee level indefinitely. Woody Rider suggested that perhaps the President could be given the authority to pull an item from Committee to the full Commission for purposes of voting. John Molitor commented that such action as suggested would require an amendment to the Rules of Procedure. John would explore and draft both alternatives as a possible amendment to the Rules. 4I. (May be heard tonight, pending a vote from the Subdivision Committee) Docket No. 08020028 DP /ADLS: The Legacy Towns Flats S:/P1anCommission/Minutes/PC /2008 /june 17 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 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 Frankenberger, and John Hart, J.C. Hart Company were present representing the applicant. After some discussion as to the availability of the Committee and the likelihood of a quorum at the Committee level -Jay Dorman made formal motion that a special session of the Subdivision Committee be convened and that the Plan Commission give authority to the Subdivision Committee to grant final approval. In the event a negative vote occurs, The Legacy will return to the full Commission for a vote on July 15, 2008, seconded by Dan Dutcher, approved 7 -0. Jay Dorman requested a discussion on the Meijer Docket. See notes under Public Hearing item 2H. 5I. (May be heard tonight„ pending a vote from the Subdivision Committee) Docket No. 07010008 Z: 116 Guilford Rezone The applicant seeks to rezone approximately 9.5 acres from I -1 /Industrial to R -1 /Residence. The site is located at 1441 S. Guilford Rd. Filed by the Carmel Dept. of Community Services on behalf of the Carmel Plan Commission. Remains at Subdivision Committee There was no further business to come before the Commission and the meeting adjourned at 6:53 PM. Leo Dierckman, President Ramona Hancock, Secretary S:/P1anCommission/Minutes/PC /2008 /june 17 0 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417