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HomeMy WebLinkAboutMinutes PC 08-19-08City of arme D10 CARMEL PLAN COMMISSION TUESDAY, AUGUST 19, 2008 Minutes The regularly scheduled meeting of the Carmel Plan Commission met at 6:00 PM on August 19, 2008 in the Council Chambers of City Hall. The meeting opened with the Pledge of Allegiance. Members Present: Leo Dierckman, Jay Dorman, Dan Dutcher, Brad Grabow, Wayne Haney, Kevin "Woody" Rider, Rick Ripma, Carol Schleif, Madeleine Torres, Sue Westermeier. Department of Community Services Staff Present: Director Michael Hollibaugh, Angie Conn, and Adrienne Keeling. The Minutes from the July 15, 2008 meeting were approved as submitted. Legal Counsel Report: John Molitor asked to report at the conclusion of New Business for the Rules of Procedure proposed changes. Dept Report: Item 3H, 1800 West and Item 2J, St. Vincent Heart Center Helipad have been TABLED to the September 16, 2008 meeting. The Dept suggests re- ordering the Agenda to hear Old Meridian Plaza Docket 08070012 PP Amend and Old Meridian Plaza Docket No. 08060018 concurrently. Rick Ripma made formal motion to re -order the Agenda in order to hear the Old Meridian Plaza Dockets together, seconded by Madeleine Torres, approved 10 -0. Parcel 47 Old Town: Economic Development Plan Resolution Richard Starkey appeared before the Commission representing the Keystone Group. Also in attendance: Les Olds, Executive Director, Carmel Redevelopment Commission; Michael Hollibaugh, Director, Department of Community Services. Mr. Starkey presented the Old Town Economic Development Plan and Resolution to the Plan Commission for consideration (map attached.) The Plan Commission is charged with making a determination that the proposal conforms to the plan of development for the City of Carmel. The area will be utilized for parking garages. After approval, the proposal would be forwarded to the City Council and then returned to the Economic Redevelopment Commission for public hearing. Department Report, Angie Conn: The Department is currently reviewing the proposal. A letter has been received from the Carmel/Clay Historical Society regarding the house located at 140 West Main S:/ P1anCommission /Minutes/P1anCommission /2008 /aug 19 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Street. Members of the public were invited to speak for or against the proposal; the following appeared: Remonstrance: Rebecca Smith, Historical Landmarks Foundation of Indiana appeared before the Commission regarding the house located at 140 West Main Street, the former Elizabeth Peele, home. The house is slated to be moved and the Historical Society requests that the house would occupy a similar lot size. Elizabeth Peele was a Quaker and by oral tradition, it is believed that Elizabeth Peele suggested the name "Carmel" for what was then the existing village of Bethlehem. The Peele house also represents home design of a much earlier period and as such is one of the few remaining in the community. There is much public interest in maintaining the few remnants of our heritage, and the Peele house is a prominent example. Woody Rider noted that the parking number is a total of 400 public and private spaces. At such time as the TIF expires, the area would become property of the City of Carmel. Carol Schleif asked what the plans were for the house. Les Olds, Director of Economic Development responded that consultants have been hired to review the "yellow house" for its stability and environmental issues. Plans are being made to re- locate the house. There are a number of sites currently under consideration, but not open for discussion as yet. Rick Ripma was not in favor of voting on this item without the completion of the Department's review. Woody Rider commented that this item will be thoroughly reviewed before it is heard by the City Council. Michael Hollibaugh responded that the Department would not typically review until after the Economic Development Commission ruling. The determination should be made whether or not the proposal complies with the City's Comprehensive Plan for the area. Michael assured Rick Ripma and the Commission that this item has been reviewed for conformity to the City's Comprehensive Plan. Carol Schleif made formal motion to approve the Economic Development Plan and forward to the City Council with the intention to move the Peele house to a similar size lot, seconded by Rick Ripma, approved 10 -0. G. Public Hearings: 1H. Docket No. 08070020 CP: Carmel Consolidated Comprehensive Plan 2008 The applicant seeks to adopt the Carmel Consolidated Comprehensive Plan, in order to update and reformat the Carmel/Clay Comprehensive Plan (as previously amended). Filed by the Carmel Department of Community Services. Adrienne Keeling, Planning Administrator with DOCS appeared before the Commission representing the S:/ P1anCommission /Minutes/P1anCommission /2008 /augl9 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 applicant. Also in attendance: Brad Johnson, Consultant, "Ground Rules." The goal of the Comprehensive Plan is to accurately reflect the City's evolution since 1997 and to also reflect the trends towards re- development and sustainability. The Plan is composed of five parts: 1) Community Profilea brief summary of the environmental and demographic information for Carmel and Clay Township; 2) Comprehensive Plan Essence which sets out the planning policies and objectives, city -wide and township; 3) Land Classification Plan; 4) Transportation Plan; and 5) Critical Corridors and Sub Areas. Three special committee meetings have been scheduled to review the Comprehensive Plan: September 9, September 23, and October 14. The goal is to return the Document to the full Commission on October 21, 2008. All meetings are at 6:00 PM in the Caucus Rooms. Members of the public were asked to comment on the Comprehensive Plan —the following appeared: General Public Comments, Favorable: Pat Rice, 9659 Wild Cherry Lane. Overall, Pat Rice felt that the up -dated Plan was well-done. Pat asked that the Plan Commission review the 1999 corridor study for 96 Street most of those comments and assumptions are now completely out dated; please review the comments and cross reference the proposed changes on the Marion County side of 96 Street; a roundabout is planned at Haverstick. The area between Keystone and Westfield Blvd is changing dramatically and particular attention should be given to this area. Corey Meyer, 705 College Way, planner and landscape architect, sees the proposed plan as a model for other citiesit is truly a Comprehensive Plan; the sustainable issues are being brought to the forefront. The plan is flexible for future use and adaptation. Judy Hagan, 10946 Spring Mill Lane. Judy Hagan is generally in favor, but would like certain items addressed and language added. The Plan refers to opportunities for higher education —the Carmel -Clay library was purchased in 1998 and was converted to a facility of higher education at no cost to IVY Tech or IUPUI; this should be noted on the map. The land classification map should show 40 additional acres of parkland at West Park. The Greek Orthodox Church should be added as well as the Hebrew Congregation west of University High School. There is a lot of institutional use in western Clay Township. Bike paths and pedestrian lanes should be more clearly identified. Ms. Hagan also referred to the new term "transitional sensitive residential" and wants to be sure the text and the map are consistent. Ms. Hagan would like Springmill Road confirmed as a residential corridor with Illinois as the boundary and proper emphasis of the importance of the US 31 corridor. Parking on residential parkways should also be revisited. Steve Pittman, Pittman Parnters, developer and home owner. Steve concurred with comments made by Pat Rice —the area on the Indianapolis side of 96 Street is already under contract by a commercial developer. Steve would like to see 3 general areas pin- pointed for further discussion at the Committee level: the corridor along 146 Street between I -69 and on to Boone County; the Haverstick area at 96 Street; and the area at 116 Springmill Road. S:/ P1anCommission /Minutes/P1anCommission /2008 /aug19 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Jim Palecek, 9649 Wild Cherry Lane. Mr. Palecek agreed with favor of the Plan expressed by Pat Rice. The traffic on Westfield is horrific! Quality of life issues are a concern. Circumstances are such that homeowners cannot afford to sell and folks will not buy into this area to live —there are a lot of question marks hanging over this area; it is a difficult situation. Do this quickly because we need help. Public Comments /Organized/Unfavorable: Marilyn Anderson, Shelborne Court, President of Clay West Information Council IL Marilyn was glad to see proposed density for most of western Clay is no longer 4.9 units per acre but questioned whether density of 2 units is good enough. Marilyn asked the Commission to respect what the homeowners value most please do not negatively impact the low density areas; Marilyn will save most comments for Committee review. Service nodes are a real concern and in direct conflict with residential. Marilyn stated a problem with the process—asking the community for input on a document that is already created —there is not enough community input into the creation of the Comprehensive Plan. CWIC II will continue to ask for feedback and provide constructive information. Dee Fox, Royal Court, distributed density maps and an article from "Money Magazine" supporting comments made by Marilyn Anderson. General Public Comments/Unfavorable: Ron Houck, 315 W 107 Springmill Place. Ron said the Comprehensive Plan is a lot of detail and good work, however there is concern with Design Guidelines west of Illinois Street labeled as "Transition Sensitive Residential." How does the language deal with 6 to 10 -story office buildings to minimiz the impact on residential to the west how will this area be treated as opposed to any other 6 to 10 story office area within the US 31 corridor next to an area not labeled sensitive residential area? There should be assurances that the neighborhoods will be treated in a sensitive manner with buffers and transition space. When will this be addressed--Committee level? Andy Crook, 2288 West 136 Street. Andy said there are challenges for people with property that has been "leap- frogged." There are pockets of residential that are affected by the densities1.3, 1.5, etc. There does need to be some flexibility. Mr. Crook does not support residential density of up to 4.9 units per acre. Mr. Crook also expressed issues with utility placement; location and aesthetics. Mr. Crook said his subdivision has a second -rate sub station—no fencing, the landscaping has not been maintained, it is very poor weed control —the City should have more control, not only on designation of utilities but what they should look like as well. Public Hearing Closed Leo Dierckman commented that all members of the Plan Commission have been drafted to serve on the Special Committee to review the Comprehensive Plan as time allows. If you cannot attend, please alert DOCS Staff. There has already been a lot of input and a lot of the issues have already been worked out. All public remonstrance should be in writing and addressed to the DOCS staff. The Plan will be gone through on a page -by -page basis. Dan Dutcher was complimentary of the work done by the Staff and suggested that the Demographic Profile was not reflective of the area and should be up- dated; certain areas of the Township are not within the City. S:/ P1anCommission /Minutes/P1anCommission /2008 /aug19 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Carol Schleif asked if there were any additional surveys that were done that should be included. The Comprehensive Plan Review Committee will meet September 9 at 6:00 PM in the Caucus Rooms of City Hall. 2H. TABLED TO SEPTEMBER 16: Docket No. 08050034 Z: Meadows Three PUD The appheani seeks appr-eval to rezone 7dE aer-es to PUD/Pla-imed Unit Development for- a dog park, chapel,, semetefy, and single h omes The site is-leeate a4 2 12 W 136 St. (en Ron Busseil of Meadows Three, LLC. 3H. TABLED TO SEPTEMBER 16: Docket No. 08060014 PP: 1800 West The applicant seeks primary plat approval for 2 lots on 1.88 acres. The site is located at 1800 W 106 St. and is zoned S -1 /Residence. Filed by Lance Ferrell of Banning Engineering for 1800 106 Street Partners, LLC. 4H. Docket No. 08060017 Z: North Meridian Heights Rezone The applicant seeks approval to rezone approximately 21.9 acres from the S -2 /Residence to the B-6/Business zoning classification, within the US 31 Overlay. The site is located at 131S St. and Catherine Dr, east of US 31. Filed by Steve Hardin of Baker Daniels, LLC for Browning Associates, LLC Steve Hardin, attorney, Baker Daniels appeared before the Commission representing the applicant. Also in attendance: Jamie Browning, Browning Associates; Roger Kilmer, Land Use Consultant, Baker Daniels. The applicant is requesting approval to rezone a 21.9 acre site located at 131S Street and Catherine Drive, east of US 31, to the B-6/Business classification. The property is within the US 31 Overlay zone. The current Comprehensive Plan shows this particular area as being within the US 31 Overlay and also within the high intensity commercial area. Jamie Browning, Browning Associates addressed the Commission and gave a brief history of this particular area. Approximately one year ago at the time of rezone, the development plan for Meridian and Main was slated to be a small amount of retail, business and perhaps bank use. The current proposal is to rezone the adjacent property to B -6. Information was received from a number of homeowners who are interested in selling their homes for commercial purposes. In pursuing this, Mr. Browning said he heard stories of concern of the decline of the neighborhood, decline in condition of the homes, and declining property values. Most of the homes are on failing septic systems and the thought of installing a sewer system in an area that seemed to be depreciating in value was not appealing to them. An interchange will be constructed at Meridian and 131 St Street —the size of the interchange and magnitude is quite impressive. The intrusion of the interchange affects not only the Meridian and Main development but the North Meridian Heights subdivision as well. US 31 will be depressed under 131S Street; in order to make the design functional, the entire drainage in the area needs to be re- routed as well as a significant amount of right of -way work. Regarding traffic circulation in the area, Pennsylvania would be connected through a roundabout into the Meridian and Main development and tied into the St. Vincent campus. The initial development plan was for hotels; subsequently it was determined that there was a demand for medical uses. After reviewing, the conclusion was made that this may be a significant project to pursue —in round numbers, 48 lot owners. We went through a process to determine how many lot owners were interested and again in S:/ P1anCommission /Minutes/P1anCommission /2008 /aug19 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 round numbers, there are 36 signed consent /contract forms and a high degree of expectation for more. It was determined to continue with the process. Jamie Browning stated that he has met with persons who are in opposition to this proposal and has tried to offer alternatives. Members of the public were invited to speak in favor of the petition; the following appeared: PUBLIC REMONSTRANCE Organized public comments /favorable: Joel Hague, 141 Catherine Drive, Carmel resident since 1966 on behalf of the majority of homeowners who favor the rezone to B -6 (show of hands.) The commercial real estate continues to encroach into the residential borders of the neighborhood due to the changes at 131S Street and US 31 that brings commercial closer to the homes. Several homes have been repossessed, several homes have simply deteriorated over time; drainage is poor, all homes are on septic /sewer, and several are failing. The value of the homes is in decline and given the location of the neighborhood and the encroaching commercial that has gone on for a couple of years, most residents think it is in their best interest and the economics of the neighborhood to sell their property and support the rezone. Mr. Browning has offered current market value plus 30% for the homes. Those in favor hope to avoid any delays at the Plan Commission level and City Council for the rezone process. Organized /Unfavorable: Jim Spickelmeier, 1309 Home Drive, Carmel, represents those homeowners who oppose the buy- out /rezone. The homeowners retained Dave Coots of Coots Henke Wheeler, however Mr. Coots had a conflict and could not attend this evening. There are 46 home sites in this subdivision (not 48) currently there are 15 residents who are NOT in favor of the rezone and have not asked for their property to be rezoned. Mr. Spickelmeier stated that a number of scare tactics were used to induce residents to sell, including stating that if septics failed, the homeowner would not be able to get a permit to replace from the City. The property will not be adversely affected by the widening of US 31 by INDOT, the subdivision is not an entity, there is no Homeowner's Association, no dues, no common maintenance fees. Mr. Spickelmeier read from a letter of position from Dave Coots referencing Indiana Code regarding change in the zone map either by the Plan Commission of a percentage of homeowners. A petition of remonstrance in opposition will be presented at the Committee meeting in September. General/Unfavorable: John Metza, 1204 Home Drive. Mr. Metza stated that he has not received a formal offer on his property. The process started with a letter left at his door from Jamie Browning offering value plus 30% for his home, but he has not talked with anyone regarding the offer. Mr. Metza said he had talked with a gentleman who used to work for the Statehe said Mr. Browning would come in and take the land if they did not sell. 85% of the neighborhood said they would be interested in "listening" to an offer, now they are saying that 85% of the neighborhood wants to sell. Mr. Metza said he is not adverse to an offer, does not agree with rezoning at this time when there are so many loose ends in the proposal. S:/ P1anCommission /Minutes/P1anCommission /2008 /aug19 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Roy Coffee, attorney, former State of Indiana employee, disputed comments by the previous speaker. Mr. Coffee stated that every property owner received an offer and appraisal paid for by Jamie Browning. John Palmer, 1303 Lynne Drive, same corner as Mr. Spickelemeir, has lived here for 21 years. Regarding declining property value, Mr. Palmer said he purchased his home for $55,000 and he was offered $130,000--definitely not down in value. Mr. Palmer said he did not have a problem with people wanting to sell their home—if they wanted to do so, that was fine. If they wanted to sell, lot by lot, and have it rezoned —that was fine too. However, the people that started this have no right to sell his property. As stated by Mr. Metza, the subdivision is not an entity, it is a collection of people who live in the same neighborhood. If a resident does not want to sell, he should not be made to sell; if he does not want to rezone, he should not be made to rezone. Mr. Palmer said he is ready to retire from the post office and does not want another 30 -year mortgage. It is not a matter of money—it is just not an acceptable offer. Jenney Blackwood 137 Catherine Drive, asked that before any decision is made Commission members should take the time to drive through the neighborhood and see the state of disrepair. There are two homes that have gone into foreclosure, and those people are now out. Ms. Blackwood said she has spent a lot of money upgrading a 55 -year old home that needed "TLC as has the majority of homeowners who do not want to sell. Public Hearing closed Response, Jamie Browning: The petition will be amended to include 46 lotsMr. Browning is willing to bring consent forms or Proof of Contracts to Committee. Currently Mr. Browning has several signed contracts. Mr. Browning is not asking those who do not want to sell, to sell their property—simply allow those who do want to sell to work with the petitioner to create a plan for the site. Department Comments, Angie Conn. The Comprehensive Plan Land Use Plan Map shows this area a high to medium regional commercial employment area within the US 31 Corridor. The Dept recommends this item be sent to the Special Studies Committee for further review on September 2, 2008 at 6:00 PM in the Caucus Rooms of City Hall. Jay Dorman asked if there was any change in the site design due to the proposed interchange. Jamie Browning referred to the original Development Plana hotel and office building were initially planned. They are currently working on a plan to combine the sites. Woody Rider noted that due to Labor Day Holiday, the Council will be meeting the same evening as the Committee meeting. Woody said he would attend Council but would try to go between the two. Carol Schleif stated that she had a conflict with the Comprehensive Plan Meeting and County Plan Commission, both September 9 t S:/ P1anCommission /Minutes/P1anCommission /2008 /aug19 7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Rick Ripma asked for clarification of the area -said he counted 51 lots —there is definitely a discrepancy in the number of lots —why is that? Jamie Browning displayed the original plat of the Meridian Heights subdivision, sections I and II. Jamie said he would amend the petition to include the 5 acre parcel outside the subdivision—adjacent is a lot owner outside the petition —not interested in selling. There are 48 sellers. Madeleine Torres asked that the petitioner bring to Committee the exact number of lots included in the petition, those who have agreed to sell, and those who have not agreed to sell. Docket No. 08060017 Z, North Meridian Heights Rezone was referred to the Special Studies Committee for further review on September 2, 2008 at 6:00 PM in the Caucus Rooms of City Hall. 5H. Docket No. 08070012 PP Amend: Old Meridian Plaza (RA Franke, Lot 8) The applicant seeks primary plat amendment, subdivision waiver, and zoning waiver approvals for 2 lots. Docket No. 08070013 SW SCO 6.05.01 lot without frontage Docket No. 08070014 ZW ZO 20G.05.04(C) building orientation 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. NOTE: Heard with Item 1J., Docket No. 0806018 ADLS, Old Meridian Plaza, Building 2, RA Franke, Lot 8A Charlie Frankenberger, attorney, Nelson Frankenberger appeared before the Commission representing the applicant. Also in attendance: Ersal Ozdemir and other members of the development team. The applicant seeks ADLS approval, Primary Plat Amendment, a Subdivision Waiver and a Zoning Waiver. The site is located on the east side of Old Meridian, zoned OM/MU -Old Meridian, Mixed Use, and comprises 2.5 acres. Two, free standing, up -scale buildings are planned for this site. One of the buildings, 6,000 square feet, was approved earlier this year by the Plan Commission. This building will occupy a portion of the site that is adjacent to Old Meridian (referred to as the "approved" building.) The second building will be located east of and behind the approved building and will be referred to as the "proposed" building. A Use Variance allowing a Veterinarian Hospital was approved with an indoor kennel was approved I connection with the approved. It was later decided to re- locate the veterinarian hospital from the approved building to the proposed building. The veterinarian hospital will occupy the entirety of the proposed building. The Stout Shoes Buildings are returning this evening from Committee —they will occupy the northeast corner of Main Street and Old Meridian. The veterinarians currently occupy this corner and intend to re- locate to the proposed building being presented this evening. S:/ P1anCommission /Minutes/P1anCommission /2008 /augl9 8 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The building site plan, landscape plan and lighting plan are comprehensively detailed in the information packets and renderings. The proposed building consists of 8700 square feet with 7,000 square feet on the first floor and 1,700 square feet on the second floor. The exterior building materials include smooth stone veneer, dark brick veneer, and two tones of EFIS. The mechanical equipment is located on the roof and fully screened by the parapet. The veterinary hospital will be identified (along with other occupants) on the landscape monument sign already approved with the building. The only additional sign will be a building sign illustrated on the renderings and elevations. The building sign will be black during the day and white at night, at night, and consistent with other building signage already approved in connection with the approved building. The site is part of an already- platted subdivision. Primary Plat amendment, zoning waiver and subdivision waiver requests are being requested. Development Standard Variances are also being requested from the Board of Zoning Appeals, currently scheduled for August 25. Members of the public were invited to speak in favor of or opposition to the petitions; no one appeared and the public hearing was closed. Dept Report, Angie Conn. The Engineering Department and Urban Forestry have given their approval for this development. The Department recommends suspension of the Rules of Procedure and a final vote this evening. Rick Ripma said he was not in favor of waiving the rules on this item. The building that was brought before the Committee was ready to be built —this proposal is not in the same vein—it looks as if there is a lot of work to be done on this building. Carol Schleif: The proposed building is not the same architectural flavor as the other building. The building to the front is acceptable —can the proposed building be made to look like that? Charlie noted that to some extent, the front building is a landmark. The petitioner feels that the building being proposed is quite nice; the building materials are quality and the architectural design is in keeping with the area to the west on Old Meridian; this building is also behind the other building. Wayne Haney commented that the architectural design of the proposed building should reflect the design of the approved building. Dan Dutcher: The proposed building looks almost institutional. Dan asked the Special Studies Committee to please look closely at the building. Rick Ripma said he understands that this building is behind the other building—we are not looking for a duplication —the same building —but something more architecturally pleasing to the eye than the building presented. Jay Dorman asked that the petitioner re- design the building and return. S:/ P1anCommission /Minutes/P1anCommission /2008 /aug19 9 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Docket Nos. 08070012 PP Amend and 08060018 ADLS Old Meridian Plaza Building 2, RA Franke, Lot 8 and Lot 8A were referred to the Special Studies Committee for further review on September 2, 2008. Note: The petitioner is to bring new renderings of the proposed building. H. Old Business: 11. Docket No. 08050022 DP /ADLS: KFC /Taco Bell West Carmel Center, Blk A, Lot 3 The applicant seeks site plan and design approval for a fast food restaurant. The site is located at 10575 N Michigan Rd. and is zoned B-3/Business within the US 421 Overlay. Filed by Charlie Frankenberger of Nelson Frankenberger for Yum Brands, Inc. Charlie Frankenberger, attorney, Nelson Frankenberger appeared before the Commission representing the applicant. Also in attendance: Sandy Auckerman, architect; Ryan Oyster, Engineer. This petition applies to a 1.28 parcel of real estate on the east side of Michigan Road, south of 106 Street, within the Michigan Road Overlay. The building was revised and reviewed at Special Study Committee on August 5, 2008. Faux windows, gables, lentils and texture were added to the building; the dumpster area was revised to add textured base, and brick backs and stone caps were added to the preview and menu boards. At Committee, it was suggested that the landscaping be further enhanced and that certain landscape islands and buffer areas be extended; to this end, the petitioner added 29 arborvitae at various locations. Additionally, landscaping has been added to screen the drive thru area and the walk -in area; the Urban Forester subsequently approved the plan. The petitioner has also responded to Commission comments by revising the building to increase the height to 23 feet, 10 inches, and pitch of the roof to 12 vertical, 12 horizontal. The building, as revised, is a better fit for the surrounding facilities and blends better with the area. Committee Report, Rick Ripma: With the recommended changes in the roof and other suggestions, this came out of Committee with a 3 -0 positive vote. Department Report, Angie Conn: The issues have been addressed, there is nothing outstanding. The Department recommends positive consideration at this time. Brad Grabow stated concern with the traffic flow at this site. Was consideration given to moving the building up against the sidewalk of the south property line? Woody Rider said it would split the parking with the drive -thru and it was not a viable solution. Rick Ripma said the Committee considered a number of alternatives, including moving the building, but in the end, the way this ended up, the Committee was comfortable with the design. Carol Schleif asked about the trees on site —are they going to be removed? Ryan Oyster said it has to do with grading, and yes, some of the trees will come out. S:/ P1anCommission /Minutes/P1anCommission /2008 /augl9 10 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Woody Rider made formal motion to approve Docket No. 08050022 DP /ADLS, KFC /Taco Bell, West Carmel Center, Blk A, Lot 3, seconded by Rick Ripma, APPROVED 10 -0. 2I. Docket No. 08050033 DP /ADLS: Stout Shoes Buildings The applicant seeks site plan and design approval for two retail/office buildings. The site is located at 13155 Old Meridian St. and is zoned Old Meridian District/ Mixed Use. Filed by Mike Cook of Wooden McLaughlin LLP for Old Meridian Main Properties, LLC. Mike Cook, attorney, Wooden McLaughlin appeared before the Commission representing the applicant. Also in attendance: Brad Stout, managing partner; Dick Hoover, Engineer; Bob McGill, Architect. The petitioner proposes two retail/office buildings located at 13155 Old Meridian Street. The petitioner has been to the Special Studies Committee for review. Both buildings front Old Meridian Street. The Engineering Dept has requested that the southern-most curb cut be moved. The drive has now been re- located a distance of 60 feet to the south and against the building; it also gives the petitioner greater distance from the roundabout to Main and Meridian. There were other concerns expressed by Engineering, however, all outstanding issues have been resolved with a series of commitments from the petitioner. There was a storm water outfall issue —the Engineering Dept has now accepted the Civil Engineer's calculations as to the adequacy of the outlet. The petitioner agreed to look at piping farther downstream at the Rose Walk property and it was deemed to be adequate; however the petitioner will conduct a further review in order to assure street engineering that it is indeed adequate. The street lighting fixtures are being resolved through the supplier, subject to street engineering. There was further issue regarding the northern-most curb cut. The petitioner has agreed to connect to the proposed loop road via driveway or easement (based upon final alignment of the road) at such time as applicable government agencies request or require same or closure of the access drive in the event a common access is provided at the property line with adjacent property to the north. The petitioner has committed and agreed to comply with the Carmel Thoroughfare Plan requirements regarding the contribution to the cost of improvements along Old meridian Street generally estimated to be an amount equal to $109.00 per lineal foot of frontage along Old Meridian Street. Regarding the detention pond, if the 100 year elevation at the top of the bank is less than 50 feet from the right -of -way of the future loop road, the petitioner will install, at his expense, a barrier or guardrail between the right -of -way and the pond in accordance with plans approved by Carmel. Pursuant to Special Studies Committee review, the signage and colors proposed within the sign band and otherwise will be in compliance with applicable ordinance requirements or variances granted by the BZA or approved by the Director of the Department of Community Services. S:/ P1anCommission /Minutes/P1anCommission /2008 /augl9 11 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 The petitioner has tendered written commitments to the Department and those have been accepted by the DOCS and Carmel Engineering, conditioned upon final approval of construction documents by the Dept of Engineering. Committee Report, Rick Ripma: The Committee looked at everything that has been agreed to by the petitioner; northing further to add at this time. Department Report, Angie Conn: The DOCS Staff and the Engineering Dept have worked very hard with the petitioner to get this finalized. The Department accepts all commitments tendered by the petitioner and recommends approval conditioned upon final approval of construction documents by the Dept of Engineering. Sue Westermeier asked about the end result of the sign package Mike Cook responded that the Signage has now been addressed in the commitments as aforesaid. The colors are limited to three primary colors, the logo and design would be under Dept approval. Woody Rider expressed no concern with the proposal, but thought it would have been better had the Committee had an opportunity to review commitments and comment on them before final vote at the full Commission. Sue Westermeier made formal motion to approve Docket No. 08050033 DP /ADLS, Stout Shoes Buildings, subject to commitments and conditions aforesaid, seconded by Woody Rider, APPROVED 10 -0. 3I. 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. TABLED potential withdrawal at a future date 4I. Docket No. 08060009 Z: 116th Guilford Rezone The applicant seeks to approval to rezone approximately 9.5 acres from the I -1 /Industrial zoning classification to PUD /Planned Unit Development. The site is located at the northeast corner of 116"' St Guilford Rd. Filed by the Carmel Department of Community Services, on behalf of the Carmel Plan Commission. NOTE: Items 4I and 5I were heard together Michael Hollibaugh, Director, DOCS appeared before the Commission representing the applicant. There has now been a conclusion and vote on this proposal and a Committee recommendation. The concern for the rezone was that there is quite a bit of retail in the area today and yet not fully developed or occupied. The potential for more retail would probably not be good for the community until such time as there was more build -out to support retail growth. Office uses would be more supportive of retail uses and would also have less visual impact on the adjacent residential uses. There is an amended PUD as per the recommendation of the Committee. S:/ P1anCommission /Minutes/P1anCommission /2008 /augl9 12 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Subdivision Committee Report, Carol Schleif: The Committee was at an impasse with the petitioner and the Dept. The committee went over the list of uses, one -by -one to determine acceptable uses. The vote was unanimous on the list of uses. Department Report, Angie Conn: The Department recommended that general retail and general service uses be eliminated from the list and then forwarded to City Council with a positive recommendation. Dan Dutcher felt that retail is really at the heart of the matter. Dan felt that the ability for retail has always been a possibility at this location, and it was probably now unfair to remove that after the fact when surrounding area has been developed —there was an equity concern. It came down to whether or not retail seemed an appropriate use of the property ultimately, retail was felt to be an appropriate use. Carol Schleif said there is a transformer on the site and there is concern regarding the effect on children with electro- magnetic frequencies generated from these facilities. The Committee eliminated uses for grades K -12, however trade school was left in; Carol would like the trade school use eliminated as well. William Wendling, attorney for Duke Energy, real estate owner, said they would like trade school use preserved, but would defer to the Commission. This is a good example of how the land owner and the Commission have worked together for the good of the community. Jay Dorman made formal motion to forward to City Council with favorable recommendation Docket No. 08060009 Z, 116 Guilford Rezone, conditioned upon striking the permitted use of trade schools and keeping general retail and services accepted at committee, and Docket No. 08060010 OA, Park Place PUD Ordinance Amendment. The motion was seconded by Dan Dutcher, Approved 10 -0. 5I. Docket No. 08060010 OA: Park Place PUD Ordinance Amendment The applicant seeks approval to amend Ordinance Z- 500 -06: Park Place Planned Unit Development in order to include 2 parcels at the northeast corner of 116 St Guilford Rd. and to amend/add text to regulate the newly added parcels to this development. The subject parcels are zoned PUD I -1. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. See Comments under Item 4I. J. New Business: 1J. Docket No. 08060018 ADLS: Old Meridian Plaza Building 2 (RA Franke, lot 8A) The applicant seeks design approval for Building 2, a 1 -story office 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. NOTE: Heard with Docket 08070012 PP Amend, Old Meridian Plaza (RA Franke, Lot 8) S:/ P1anCommission /Minutes/P1anCommission /2008 /aug 19 13 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 2J. Docket No. 08060016 ADLS: St. Vincent Heart Center Helipad The applicant seeks approval for a helipad. The site is located at 10330 North Meridian Street and is zoned B6/Business, within the US 31 Overlay District. Filed by Paul Clendenen of St. Vincent Health, Inc. TABLED to September 16, 2008 3J. Docket No. 08080004 ADLS Amend: North Augusta, Sec 1, lot 11 Pyramid Corner North The applicant seeks approval for a modified roofline and sign band. The site is located at the northeast corner of 96"' St. and Michigan Rd. and is zoned B-2/Business within the US 421 Overlay. Filed by Phil Lande for A A Development Corp. Gerald Mark Lande appeared before the Commission on behalf of A A Development Co. The petitioner is seeking approval to modify the roofline of the existing building located at the northeast corner of 96"' Street and Michigan Road, within the US 421 Overlay Zone. Department Report, Angie Conn: The modified roofline and sign band are considered a temporary fix; there is currently application on file for a new project at this site for a future date. The Department is recommending Commission approval at this time. Jay Dorman asked about the placement of signs on the building. Gerald Lande responded that there will be a new sign package; the building will also be repainted. Rick Ripma commented that the roof improvement is long, long overdue. Woody Rider made formal motion to approve Docket No. 08080004 ADLS Amend, North Augusta, Section 1, Lot 11, Pyramid Corner North, seconded by Dan Dutcher, APPROVED 10 -0. There was no further business to come before the Commission; the meeting adjourned at 8:55 PM. Leo Dierckman, President Ramona Hancock, Secretary S:/ P1anCommission /Minutes/P1anCommission /2008 /augl9 14 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417