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Home My WebLink AboutMinutes Sub 07-01-08of CA �VNONE y�A C i t y RTOMORROW o /NDIMAN CARMEL PLAN COMMISSION SUBDIVISION COMMITTEE MINUTES TUESDAY, JULY 1, 2008 LOCATION: CAUCUS ROOMS TIME: 6:00 P.M. CARMEL CITY HALL ONE CIVIC SQUARE CARMEL, IN 46032 DOORS OPEN AT 5:30 P.M. Representing the Committee Carol Schleif, Chairperson Dan Dutcher Steve Stromquist Representing the Department Angie Conn Alexia Donahue Wold Lisa Stewart Of Counsel: John Molitor Carol Schleif, Chairperson called the meeting to order at 6:00 p.m. The Subdivision Committee will meet to consider the following items: 1. Docket No. 08020028 DP /ADLS: The Legacy Towns Flats The applicant seeks site plan and design approval for a retail/residential development of 23 buildings with 288 residential units. The site is located southeast of the 7000 block of E. 146"' St. and is zoned PUD /Planned Unit Development. Filed by Charlie Frankenberger of Nelson Frankenberger for J.C. Hart Company, Inc. Charlie Frankenberger presented for the petitioner. He reviewed the project and displayed on a visual the buildings where changes have been made per the recommendation of the Committee. Angie Conn, DOGS, stated that Engineering has no further issue with this project, however, will require approval on final construction plans. Angie also stated that Scott Brewer, Urban Forester has also approved the plans. The Committee and the petitioner had a lengthy discussion regarding the possible use of dumpsters at each building versus the one compactor system located in a central location of the development. A recycling receptacle will be made available next to the compactor for residents. Page 1 of 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 July 1, 2008 Plan Commission Subdivision Committee Minutes The petitioner distributed a handout showing how the compactor system has worked in other developments in the area. It is a clean and convenient way to handle refuse. The petitioner has not received any complaints from any residents where the compactor system is in place. Ray's will be providing the pick up service. It is anticipated that the compactor would be emptied once every 3 weeks. Carol Schleif requested that the petitioner record a commitment that would state that if in the future dumpsters and dumpster enclosures were added to the development, the current petitioner or a new owner would be required to apply for a DP /ADLS amendment. There was discussion regarding this proposal. Carol asked John Molitor for a legal opinion on this issue. John stated that in his opinion a recorded commitment would be best. Dan Dutcher made a motion to approve Docket No. 08020028 DP /ADLS: The Legacy Towns Flats with the condition that the petitioner will record a commitment that in the event dumpsters with enclosures are installed an application for a DP /ADLS will be filed. Also included is the requirement that Engineering have approval regarding final construction plans. Steve Stromquist seconded the motion. Approved 3 -0 2. 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. Mike Hollibaugh presented for the Department. Since the last meeting there was discussion at the Plan Commission meet and the item was resent back to Committee because we still have not worked through all the issues. Since that time we have, rather than try to fit a rezone using existing classifications, we have decided we wanted to move forward with expanding the Park Place PUD which exists on the adjacent property. That will create sub -areas within the PUD that would allow for a minimal amount of non residential uses on the frontage that would allow for the substation to exist in compliance with the PUD and to allow CCRC to exist unaffected by the modification and/or expansion to the PUD. We have added some height restrictions to the new parcels. Bill Wendling, Esq. with Campbell, Kyle and Profitt and he represents Duke Energy. He indicated that the expanding of the Park Place PUD is a significant change of the City's position. He reviewed the events of the past year. It was determined after the Plan Commission meeting that we meet again to discuss the desires of the City and Duke. Duke feels that the classifications to rezone from its present zoning classification to what it may become significantly lowers the value of that property, to the point that it making them very uncomfortable, and his objective tonight is to let you know that this is becoming problematic for Duke's effort in trying to market the property and make a return. Also, Bill stated they have had interest from a buyer. We would like to have this item tabled to give time for both parties time to review the PUD. Bill asked if this will be heard at the July or August meeting. Page 2 of 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 July 1, 2008 Plan Commission Subdivision Committee Minutes Paul Reis of Bose, McKinney and Evans spoke to the Committee. He is representing a client who currently has a contract on the property in question. Paul has met with Mike and Angie to discuss the approach to expand it into the Park Place PUD and feels that his client would have no objection to that. However, they will be looking very closely at what the permitted uses will be on the property. His client needs some flexibility; they are intending to use it as a data center. Paul and his client will be working with the Department on how to put parcel 3 into this PUD. They do not anticipate any residential uses on the property. Paul also asked that the item be tabled. Mike state this more of an FYI and the Department has made public notice and it will be heard at the July Plan Commission meeting. 3. 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 presented for the Department. She indicated that members should have packets that outline the discussion at the June 17 Plan Commission meeting. Because of a demand for the units that front on Main Street to become commercial on all floors and not just the first, we are proposing to amend the PUD to allow non residential uses in the primary area only on the second and third floor. Adrienne explained that on the visual she handed out that the units highlighted in pink are the ones the BZA has granted variances for, and the one highlighted in yellow are pending or waiting for the petition to be approved. In your packets you have proposed amendments to the PUD ordinance, which states that non residential uses can be on the second and third floors as well as the garages can be used. At the Plan Commission a couple of suggestions were made, one was that the garage doors remain intact on the exterior of the buildings regarding less of whether it is a garage, and the second suggestion was that some of the uses listed in Exhibit B in your packet be stricken. Some of the more non practical uses like golf course, shooting gallery, artificial lake or pond. These were adopted with the original PUD so we did not change them. The Committee then reviewed the Use Table and made note of uses to be stricken. Adrienne will redo this list and have new permitted use table prepared for the July Plan Commission meeting. Dan Dutcher stated that other than the changes to the permitted uses, this seems pretty straightforward. The request makes sense, and there was a lot of support at the Committee meeting, including residents who came forward to speak in favor of the petition. Jeff Watkins, citizen who currently has a business in this building and he recommends that the Committee consider taking out the tavern as a permitted use. He indicated that it would be a disservice to the residents who do live to allow this type of use without going through the BZA process. Dan Dutcher made a motion to Docket No. 08060001 OA: Monon and Main PUD Amendment to recommend sending this item back to the full Plan Commission with a favorable recommendation with the amendments as identified at this meeting. Steve Stromquist seconded the motion. Page 3 of 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 July 1, 2008 Plan Commission Subdivision Committee Minutes Approved 3 -0 Dan Dutcher made a motion to adjourn the meeting. Steve Stromquist seconded the motion. Meeting adjourned 7:15 p.m. Carol Schleif, Chairperson Lisa Stewart Page 4 of 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417