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Home My WebLink AboutMinutes PC 09-16-08City of arme D10 CARMEL PLAN COMMISSION TUESDAY, SEPTEMBER 16, 2008 Council Chambers of City Hall One Civic Square Carmel, Indiana Minutes Members present: Leo Dierckman, President; Jay Dorman Dan Dutcher Brad Grabow Wayne Haney Woody Rider Rick Ripma Carol Schleif Madeleine Torres Ramona Hancock, Recording Secretary Members absent: Steve Stromquist, Sue Westermeier Department of Community Services Staff Present: Director Michael Hollibaugh; City Planner Angie Conn; Legal Counsel John Molitor. Motion: Madeleine Torres to approve the Minutes of the August 19, 2008 meeting, seconded by Woody Rider, approved by Unanimous Consent. Legal Counsel Report, John Molitor: The Executive Session scheduled to occur at the conclusion of the Plan Commission meeting this evening has been "Cancelled." Dept. Announcements, Angie Conn: Item 1H, North Meridian Heights Rezone Amended requires suspension of the Rules of Procedure in order to be heard this evening Publication of Notice time deficiency. Item 1H also requires Suspension of the Rules of Procedure in order to take final action this evening rather than sending this Docket to Committee for review. Motion: Carol Schleif to suspend the Rules of Procedure in order to hear item 1H, North Meridian Heights Rezone this evening, seconded by Rick Ripma, Approved 9 -0. Motion Carried. H. Public Hearings 111. Docket No. 08060017 Z: North Meridian Heights Rezone, Amended The applicant seeks approval to rezone approximately 27.37 acres from the S -2 /Residence to the OM/MU- Old Meridian Mixed Use and 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. S:/P1anCommission /Minutes /2008/PC /2008 /sept 16 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Filed by Steve Hardin of Baker Daniels, LLC for Browning Associates, LLC. Present for Petitioner: Steve Hardin, attorney, Baker Daniels; Jamie Browning, Browning Associates; Roger Kilmer, Land Use Consultant, Baker Daniels. Steve Hardin, clarification: Petition amended to include additional properties Whether zoned S -2 or B -6, the properties are within the US 31 Overlay zone and governed accordingly Jamie Browning, Reiterated the following points: US 31 will be depressed and the interchange at 131S Street will be at grade level 131 st Street will likely be widened to accommodate traffic State right -of -way will likely encroach the neighborhood and change the character Consent To Sell Forms submitted to the Department Likely use will be Medical Office Buildings Pennsylvania Street will probably be extended from 131S Street, through the Meridian Main project to the proposed property, to the St. Vincent campus and eventually into Old Meridian Drainage in this area is a problem Public Remonstrance/Unfavorable: Judy Stamper, 1307 Lynne Drive. Would like to remain S -2 Zoning and afforded all of the safety and guarantees that come with that classification —would like to be removed from the petition to rezone to OM/MU -Old Meridian Mixed Use and B-6/Business. Has this been done anywhere else in Carmel and what would Mr. Browning lose if residents remained S -2? Chris Tollman, 1209 Lynne Drive. Would like to remain S -2 zoning until renovations to his home are completed. Would like his property excluded from the rezoning process at this time. Public Hearing Closed. Rebuttal, Steve Hardin: The residences are already legal, non conforming uses in this Overlay Zone —those rights and abilities to expand and exist will continue to exist, whether or not the homes are rezoned. Legal Opinion, John Molitor: Based on Chapter 28 of the Zoning Ordinance Legal, Non Conforming Uses. Existing residences in the District (even though non conforming) may be structurally altered or expanded Construction of a new home would not be allowed without a variance. Nothing in the Ordinance prevents restoration of a building or structure that is destroyed less than 40% of the square footage. If destroyed more than 40 it could be built to the previous plan; otherwise, any new construction would have to conform to the Ordinance. If the BZA believed the homeowner suffered a hardship, they could grant a variance to re- build. Special Studies Committee Report, Rick Ripma: Final vote from Committee was a 4 -0 positive recommendation to the Plan Commission. S:/P1anCommission /Minutes /2008/PC /2008 /sept 16 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Department Report, Angie Conn: Recommend suspension of the Rules and a vote this evening Request commitments from petitioner regarding tree preservation prior to any demolition of buildings or trees. Motion: Jay Dorman to suspend the Rules of Procedure and take final action this evening, seconded by Woody Rider, approved 9 -0. Motion Carried. Motion: Rick Ripma to forward Docket No. 08060017 Z, North Meridian Heights Rezone, Amended, to City Council with a favorable recommendation, seconded by Dan Dutcher, approved 9 -0. Motion Carried. 2H. Docket No. 08070018 PP: The Legacy Domain The applicant seeks primary plat approval for 33 lots on 5.46 acres. The site is located at the northeast corner of Community Dr. and Cherry Creek Blvd. and is zoned PUD /Planned Unit Development. Filed by Nick Churchill of Pittman Partners. Present for Petitioner: Nick Churchill; Pete Powers, Domain Residential; Ivan Barrett, Pittman Partners. Overview: 33 Narrow lots, single family homes to be built by Domain Residential Dept Staff is in full support of project No outstanding issues as it relates to the primary plat ADLS standards incorporated into the approved PUD Ordinance All lots abutting/facing Cherry Creek Blvd or Community Drive are rear- loaded garages Two well-site areas will be enhanced and will be a platform for a bird watching station/look -out tower Pasco lot cottages create landscape /garden space Although not required, internal buffering and beefed up landscaping is being added Materials on homes pre finished, Hardy Plank Siding, Marvin Windows, Granite Counter Tops, Bamboo Flooring, preamble thermostats, Energy -Star appliances, high efficiency furnaces, tank -less water heaters; all landscaping will require a minim of watering All alleys will utilize permeable pavers No Public Remonstrance Dept Report, Angie Conn: Landscaping plans /concerns worked out Recommend Suspension of the Rules and approval or Recommend Giving Committee full power to grant final approval Discussion Items: Considered Energy Star Program? Landscaping is phenomenal —would like this as a new standard! Front porches are great (porches on all bungalows, Italianate, Georgian styles) Request drawings of garages /garage doors Motion: Rick Ripma to forward Docket No. 08070018 PP, The Legacy Domain to Subdivision Committee on October 7, 2008 with full authority to grant final approval, seconded by Carol Schleif, approved 9 -0. Motion Carried. S:/P1anCommission /Minutes /2008/PC /2008 /sept 16 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 3H. Docket No. 08080003 OA: Amendment, Contributing Buildings The applicant seeks approval to amend Zoning Ordinance Chapter 23D.02.B.5, Old Town District Overlay Zone, in order to prevent the demolition of contributing building in Old Town without consent of the Director. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Present for Petitioner: Michael Hollibaugh, Director of Department of Community Services. Overview: Old Town Overlay— Historic Character Area —has provision to prevent demolition without review and approval Proposed Amendment would expand those provisions to homes displayed on the map presented No Public Remonstrance Public Hearing Closed Department Report, Angie Conn: Recommend Suspension of Rules and Recommend forwarding to City Council with positive recommendation Discussion: Homes on the map are designated as contributing to the character of the area Some homes in advanced state of dilapidation and cannot be repaired Possible need for Historic Review Committee or Preservation Committee Recommend send to Committee and work out Language Action: Docket No. 08080003 OA: Amendment, Contributing Buildings, forwarded to the Subdivision Committee for further review on October 7, 2008. 4H. Docket No. 08080016 OA: Amendment, Carmel Clay Schools; Partial Exemption The applicant seeks approval to add Zoning Ordinance Section 28.08: Carmel Clay Schools; Partial Exemption, in order to lay out approval requirements and procedures for new facilities and buildings proposed by the Carmel Clay Schools. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Present for Petitioner: Michael Hollibaugh, Director Community Services. Overview: Proposed Ordinance creates a new process for school projects Schools can go through the alternative process or the Special Use Offers a procedure that tends to focus more on developmental standards and less on use Special Use process currently second guesses the School Board Proposed Ordinance essentially allows the school board to make decisions on how school properties are used. S:/P1anCommission /Minutes /2008/PC /2008 /sept 16 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Project review is more consistent with the standards in the Ordinance as it relates to general development standards and also minimizes negative impacts. No Public Remonstrance Public Hearing Closed Department Report, Angie Conn: Recommend Suspension of the Rules in order to Vote this evening Recommend forwarding to City Council with favorable recommendation Discussion: Applies to all school projects, whether expansion or existing School Board feels it is being "second guessed Process set up with checks/balances—school board not always right —may not be a bad thing to second -guess School uses are normally under jurisdiction of Board of Zoning Appeals Proposed Ordinance is more specific than ADLS or Development Plan review School is like everyone else and affects neighboring residents—important to review School Board does a good job on educational aspects, however, neighboring residents are directly affected by School projects. School Board is elected, not necessarily from a planning standpoint Not a decision regarding education but rather how the School Board projects /actions affect the neighbors Proposed Ordinance may allow the project details to be addressed —takes use out of the question and focuses more on the details and whether or not they are appropriate New Environment that schools are operating under regarding the State brings greater scrutiny as far as public financing of their capital projects Rebuttal, Michael Hollibaugh: The essence of the Proposed Ordinance is that it does not second -guess the School Board and decisions made at School Board level as far as use is concerned. Action: Docket No. 08080016 OA: Amendment, Carmel Clay Schools; Partial Exemption was forwarded to Special Studies Committee for further review on October 7, 2008 at 6:00 PM in the Caucus Rooms of City Hall. 5H. TABLED to OCT. 21: Docket No. 08060014 PP: 1800 West Subdivision The appheant seeks primary plat appr-eval for- 2 lots an 1.99 aer-es. The site is leea4ed a4 1 Wit: A "11 iq c— is zened S 1/Residenee. Filed Lanee Fe of Banning Engineer41g-fef X899 1 86-th ct,.00t P r r r 6 -7H. TABLED to OCT. 21: Docket No. 08070022 DP Amend /ADLS: St. Vincent Sports Performance Center The applieaii4 seeks site plan and design approval for- a speAs per-fefma-nee4faining/ physie therapy eenter- and medieal offiees and seeks zening I Iva! for-: Doeket No. 08070023 ZW ZO 27 requ ired .long spsees Over-lay, as well as OMA4M Old Mer-idian Distriet, Mixed Medieal. Filed by Pa4 Shea w R,-o,Y ne -D 170..111,...., -e Real Esta4o S:/P1anCommission /Minutes /2008/PC /2008 /sept 16 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 8H. TABLED to OCT. 21: Docket No. 08050034 Z: Meadows Three PUD !rsese!�rrss:s�� yes! e! r. �e!ee�.issrsre•.ee:rs!s��:e.z�: I. Old Business NOTE: Items 11 through 4I were heard together. 1 -3I. 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. 4I. 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. Present for Petitioner: Charlie Frankenberger, attorney, Nelson Frankenberger; Ersal Ozdemir, Keystone Group architect/engineers; Drs. Tom Mullins and Julie Zugelder. Overview: Project consists of two free standing buildings One building on Old Meridian Street, 4 stories, 60,000 square feet Second building, proposed, one -story office Negatives of second building: 1) too institutional 2) resembled a 1970's tri -plex 3) too many building materials utilized creating a patch -work appearance and lessening the quality of the building Positives: 1) Larger, approved building is directly on Meridian Street 2) Proposed building to the east is directly behind the approved building, away from Old Meridian and shielded by the approved building 3) Proposed building should not look just like the approved building, but also should not look like a building just stuck in the path The buildings should complement one another Revisions: Proposed Building is now entirely brick and blonde tones to complement previously approved building Committee Report, Rick Ripma: Original design not well- received; the re- design is more agreeable. The vote from Committee was 4 -0 positive recommendation Department Report, Angie Conn: All outstanding concerns address Department recommends approval S:/P1anCommission /Minutes /2008/PC /2008 /sept 16 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Discussion: Improvement over initial building Kudos to petitioner The building could have matched the front building Does not meet the Ordinance (height, building materials, should be horizontal lines -not vertical, off -set of 4 feet for every 50 feet not adhered to; does not meet character of Overall District Motion: Woody Rider to approve Docket Nos. 08070012 PP Amend, Old Meridian Plaza (RA Franke, Lot 8) Docket No. 08070013 SW, Docket No. 08070014 ZW, and Docket No. 08060018 ADLS, Old Meridian Plaza, Building 2 (RA Franke, Lot 8A) seconded by Madeleine Torres, Approved 8 -1 (Schleif). J. New Business 1J. TABLED to OCT. 21: Docket No. 08060016 ADLS: St. Vincent Heart Center Helipad. The appheant seeks approval for- a helipad. The site is leea4ed a4 10330 NeAh Mer-idi Street and is zened B6/Business, wiffiin the US 31 Over-lay Distfiet. Filed by PUBI Clendene-n. Motion: Woody Rider to adjourn, seconded by Rick Ripma, 9 in favor none opposed. Adjourned at 7:45 PM. Leo Dierckman, President Ramona Hancock, Secretary S:/P1anCommission /Minutes /2008/PC /2008 /sept 16 7 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417