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HomeMy WebLinkAboutMinutes PC 01-21-10Ca� C of `NDIAN�,- CARMEL PLAN COMMISSION THURSDAY, JANUARY 21, 2010 Council Chambers, 2 floor Carmel City Hall One Civic Square Carmel IN 6:00 pm Members Present: Leo Dierckman, JayDorman, Brad Grabow, Judy Hagan, Heather Irizarry, Nick Kestner, Kevin "Woody" Rider, Rick Ripma, Madeleine Torres, Susan Westermeier Members Absent: Steve Stromquist DOCS Staff Present: Director Michael Hollibaugh, Angie Conn, Adrienne Keeling, Legal Counsel John Molitor Also Present: Ramona Hancock, Plan Commission Secretary Swearing In: New Members Judy Hagan and Nick Kestner Election of Officers and Appointments: President: Leo Dierckman Vice President: Rick Ripma Member at Large: Judy Hagan Appointment to BZA: Madeleine Torres Appointment to Hamilton County Plan Commission: Sue Westermeier The Minutes of the December 15, 2009 meeting were approved as submitted. Legal Counsel Report, John Molitor: The Plan Commission has prevailed in the litigation involving the Holiday Inn Express. The adversary declined to appeal the decision and the Carmel Plan Commission decision is upheld. Department Reports/Announcements, Angie Conn: The Carmel SmartCode Rezone item has been Withdrawn. The SmartCode Ordinance Amendment will still be heard. ONE CIVIC SQU CARIvIEL, INDIANA 46032 317/571 -2417 H. Public Hearings 1. Docket No. 09100009 DP /ADLS: Long Branch Market w/ Kroger (Altum's site). The applicant seeks site plan and design approval for a multi- tenant commercial development with outlots. The site is located at 11335 N. Michigan Rd. It is zoned B-3/Business and located within the US 421 /Michigan Rd. Overlay Zone. Filed by Robert Barker of Zinkan Barker Development Co., LLC. Present for Petitioner: Charlie Frankenberger, attorney, Nelson and Frankenberger; Nick Ahlm and Dan Desecio of Kroger; Steve Zinkan and Bob Barker of Zinkan and Barker; Jon Dobosiewicz, Nelson and Frankenberger. Overview of Project, Charlie Frankenberger: Subject site comprises 22 acres located on the east side of Michigan Road Site is currently occupied by the Altum Landscape Nursery The US 421 /Michigan Road Overlay extends 400 feet east of Michigan Road Approximately one third /one fourth of the site is within the Overlay; the balance is not Approvals from the Board of Zoning Appeals and Plan Commission consist of sign variances, and a variance from the 75% retail ceiling DP /ADLS approval is being requested from the Plan Commission as well as the allowance of the proposed B -3 uses Site rezoned to B -3 District approximately 20 years ago with commitments tendered Existing commitments allow 12 specific B -3 uses; other B -3 permitted uses are allowed if authorized by the Plan Commission Grocery Store and other proposed uses are permitted B -3 Uses but are not among the 12 specific B -3 Uses automatically allowed under the existing commitments Petitioner is asking the Plan Commission for the terms of the existing commitments to allow the proposed, permitted B -3 Uses Noteworthy: Sales and Storage of Landscape and Building Materials enclosed and unenclosed —is among the 12 specific B -3 Uses automatically allowed by the existing commitments Existing commitments would automatically allow a Lowe's or a Menard's type of use New Commitments are proposed and included in the info packets The petitioner has revised proposed commitments, including enlarging the time when trash pick -up is disallowed, from 7:00 PM to 8:00 AM; also the time will be enlarged in which noisy, semi -truck tractor /trailers are not allowed to deliver the new, enlarged black -out period when deliveries are disallowed is between 10:00 PM and 7:00 AM. Discussions continue with surrounding neighbors regarding time periods Proposed commitments extend the Overlay requirements to the entire site, subject to a few exceptions: 1) maximum amount of retail for the entire site would be 85% instead of 75% 2) the drive thru(s) would be allowed where shown on the proposed site plan New commitments include supplying Woodhaven Subdivision with available connection to sanitary sewer at applicant's expense Overview of Development Plan, Architecture, Landscaping, Buffer, Lighting Signage, Jon Dobosiewicz: Access to the site is via a signalized intersection at US 421 Bennett Parkway which connects south to 106` Street; additional access point is at the north end of the site, right in only, and additional turn lane along US 421 Pedestrian connectivity along US 421 and pathways provided, also a sidewalk within the commercial area of Weston Point to connect to townhomes 2 ONE CIVIC SQUARE CAP NIEL, INDIANA 46032 317/571 -2417 Proposal is for a Kroger anchor building, just under 85,000 square feet, two out -lots abutting US 421, and a fuel center along US 421 The drive thru(s) will not be visible from Michigan Road —drive thru(s) located behind the outlots, behind the buildings within the center to the south Currently existing is a row of 92 evergreens atop a 3 to 5 foot mound between Altum site and residential petitioner will fill in the gaps with 18 evergreens on site Petitioner is providing a minimum 50 -foot landscape buffer along the north between Woodhaven Subdivision and minimum 100 -foot building setback; along the east boundary, the petitioner is providing a buffer between 100 and 300 feet deep; along the south, a minimum buffer between 50 feet and 100 feet is provided; the building setback is more than double that which is required by Ordinance Cart corrals to be brick masonry—same materials as the building All roof -top mounted equipment is fully screened and not visible 4 '/z to 8 ft tall mound installed on perimeter with either fence or wall on top—on -going discussions with neighbors —no decision as yet —hope for resolution before Committee In addition to 92 plantings, will be additional 163 8 -ft tall evergreens, 87 shade trees, and 91 ornamental trees Two ground signs proposed along US 421; request variance for height -9 ft rather than 8 Request two variances for Kroger fuel signs 3 signs proposed for Kroger building— entry, pharmacy, and drive -thru Lighting shoebox design —all lighting poles removed from side and rear of the building —only building mounted, cut -off lights at 12 feet Commitment revisions are continuing as talks proceed with neighbors —hope for resolution before Committee meeting Public Comments: General, Favorable —None Organized, Favorable: None Organized, Unfavorable: Marilyn Anderson, 3884 Shelborne Court, president Carmel West Information Council. Residents are currently happy with the high standards in place in the Overlay Zone and are concerned that those standards would be upheld. Ask that Plan Commission look very strongly at how closely in compliance the new development is; please make sure this proposal is worth releasing the petitioner from the Overlay Zone requirements. Also, more than 50% of property line abuts residential areas concern with 75/25% rule when it is retail /residential. Request keep public hearing open Julie Camden, Woodhaven Subdivision resident three major concerns: 75/25% incorporated in the Ordinance approx one year ago and since then, no one has asked for variances concern with setting precedent. Concern with dumpsters backing up to her property. Neighbors requested 10 ft mound with 8 ft trees, fence behind it on the Kroger side with proper drainage Kroger bldg will be 38 feet tall —homes are between $400,000 $600,000 -not like it is a $100,000 neighborhood. Neighborhood has nothing in writing as far as commitments- -would like commitments finalized before development approval —would also like opportunity for additional input. General Public Comments, Unfavorable: Sally Shapiro, 4610 Woodhaven Drive appearing on behalf of husband Brian who helped author US 421 Overlay. Appreciate limitation on trash pick -up hours questioned tractor /trailer delivery— perhaps semi -truck deliveries? Residents concerned with all deliveries —up to Kroger to specify ONE CIVIC SQU CARMEL, INDIr1NA 46032 317/571 -2417 specify when deliveries are to be made -7:00 PM to 7:00 AM is not appropriate. Noise restriction is a consideration. The front of the two buildings along Michigan Road have not been presented to the neighbors there must be some idea of the businesses that would go into these buildings —fast food is not appropriate in this buffer area close to the neighborhood. No problem with "big box" into the neighborhood --do have a problem with someone coming late to the Michigan Road dance, grabbing one of the last rules available, and trying to re -write the invitation to fit their oversized desires. Casey Carter, 4138 Much Markle Drive in The Westons —a few things not yet mentioned— access— would like to see 4 i connection point along south line removed (close to his home) due to safety issue sidewalk system Connection point width does not allow for two vehicles. Traffic light at Weston Point Drive was to be installed by INDOT at build out construction of Kroger would qualify the build -out and stoplight issue should be revisited. Semi -traffic loadinglunloading would necessitate a turning radius that looks impossible and would like more definitive description. Need written commitments regarding delivery, trash, rodent; stoplight issue, safety, criminal activity are huge concerns. Catherine Jones, 4132 Much Markle Drive, agrees with previous speakers regarding 75/25% use. Does not see a current need for outlot buildings on Long Branch property that would push retail percentage past the current zoning of 25 -75% retail restriction should be kept in force. Criminal activity is a major concern; sidewalk to the south runs by Montessori School /Daycare, ages 0 to 6, with outdoor playground and small fence. Public access /sidewalk is not a good idea into a large parking lot and close to a daycare playground. Request no truck delivery, trash pick -up, construction times, or pharmacy drive -thru hours during this time period. Drive -thru will cause air pollution and only be a few feet away from the Montessori school and playground; the south side of the building is not an appropriate placement for drive -thru. Steve Pittman, 12400 North Meridian, representing property advocacy group, hired by Fred and Suzanne Fehsenfeld, 4415 West 116 Street. Not opposed to this development but would like several issues addressed lighting, sound, buffering, odor —still working on appropriate buffering, commitment on no truck traffic from 7:00 PM to 7:00 AM. Fred Fehsenfeld, 4415 West 116` Street, have tried to be good neighbors and work with surrounding landowners for past 15 years. Would like to keep the community as a place we can all live and enjoy. Some negotiations for proposed development have happened "late in the day" and more time needed to make this happen. It is important that Kroger and Zinkhan Group do everything possible to try—up front to make this a project we can all be proud of Would like to encourage Plan Commission to encourage the developer to take negotiations seriously and "put it to bed." Gordon Allen, owner of commercial building housing Montessori School— generally in favor of the project; however, regarding the sidewalk that goes nowhere, there is a serious topography change —if sidewalk went in, would probably be a stairway and not advisable. Secondly, would like to know if the landscaping behind his building, between the two properties will be improved —this is where the children play. There is a 15 foot easement and a 5 foot sidewalk, plus trees the City Arborist did not want removed. If the landscaping is improved to further screen the children, that would be great. Charlie Frankenberger stated that the petitioner would keep or remove the sidewalk, whichever the City requires. Public Hearing Closed. 4 ONE CINTIC SQUARE CARIkIEL, INDIANA 46032 317/571 -2417 Rebuttal, Charlie Frankenberger: Has already responded to sidewalk inquiry A 10 foot mound would cause the destruction of the mature pine trees that are in place —not supported by Urban Forester. 75/25 requirement was discussed as though it were applicable to Kroger. The 75/25 is part of the Overlay that extends 400 feet in. Petitioner is not asking for an exception to the 75/25, but agreeing to extend by commitment the Overlay and that as part of that commitment, petitioner would be permitted to have a ratio of 85% instead of 75% The first time this has been requested —this is the only portion of land within the entire Overlay to which the 75/25 is applicable No other land south of this site within the Overlay Zone has the 75% retail ceiling Department Report, Angie Conn: The land does have prior commitments that limit the land use Plan Commission charged with previewing and approving new uses as part of petition In addition to public comment this evening, multiple letters of remonstrance have been received and distributed to Commission members Department recommends this item be forwarded to the Special Studies Committee on February 2 "d for further review and discussion Commission Comments: Request delivery schedule to be brought to Committee meeting Requesting/looking for one set of hours for all deliveries Sidewalks to nowhere Whether a house is one million dollars or one hundred thousand dollars has Zero bearing on the remonstrance or how the Plan Commission looks at an issue Would like commitments from Kroger as to future, possible abandonment of facility Staff to provide Committee with all prior commitments on this property as part of the 1998 rezone Petitioner is to adhere to wall /buffer standards already in place (alternating brick/masonry/wood) Traffic: Request staff to report to Committee regarding number of code enforcement issues logged in zones due to truck traffic in violation of commitments —all deliveries, trash pick -up, etc. —there should be one set of standards and no overnight parking Would like to see traffic plan showing routes for semi -truck traffic on the lot and drive -thru hours No value seen for right in/right out exit —show why important Would like more info on drive thru(s) why important, and hours Petitioner is encouraged to meet with neighbors regarding fence and other matters before committee Concern regarding drive -thru traffic flow Recessed truck bays perhaps reversed to reduce noise for neighbors in condo Light fixtures in parking lot look rather "un- inspiring" fixtures mounted on building? Functional fixtures or just decorative? Gooseneck fixtures into parking lot would soften look Address location of cardboard compactors, storage of extra shopping carts, milk crates, bread crates, no outdoor storage Kudos on cart corral design and materials Charlie Frankenberger: Will address abandonment and other issues at Committee level 5 ONE CIVIC SQUARE Cr1RMEL, INDIANA 46032 317/571 -2417 John Molitor: Prior commitments listed in info booklets As proposed, new commitments would supersede old commitments Old commitments dealt primarily with use New commitments deal with use and development standards Prior commitments put "USE" at discretion of Plan Commission Clarification of 75/25% rule Dept, Angie Conn: Ordinance amended approx one year ago for 421 Overlay Amendment puts a cap on the percentage of retail use within a development at 75% of the gross floor area Balance of 25% could be residential or office Docket No. 09100009 DP /ADLS, Long Branch Market w /Kroger (Altum's site) was referred to the Special Studies Committee for further review on Tuesday, February 2, 2010 2. Docket No. 09100011 DP /ADLS: CVS Pharmacy at Rangeline Rd The applicant seeks site plan and design approval for a new retail building. The site is located at 1421 S. Rangeline Rd. and is zoned B -8 /Business within the Carmel Dr. Rangeline Rd. Overlay Zone. Filed by Craig Forgey of Gershman Brown Crowley, Inc. Present for Petitioner: Charlie Frankenberger, attorney, Nelson and Frankenberger; Tom Crowley, Gershman Brown Crowley; Jon Dobosiewicz„ Land Planner with Nelson and Frankenberger; other members of development team Overview: Site is located at northeast corner of Range Line Road and Medical Drive Site currently occupied by existing CVS Pharmacy and Taco Bell Restaurant Proposal is to replace both current CVS and Taco Bell with a new CVS Architecture and design of existing buildings are not consistent with Range Line Road Current Site is cramped circulation and parking are difficult Two approvals requested: DP /ADLS from Plan Commission; Development Standards Variances from BZA (signs, parking, corner lot occupying 70% of each of the two frontages, gross floor area of building to be 50% of area of the site) Redevelopment of site will allow a more beautiful building and more functional site Proposed CVS building would be brought close to Range Line Road and Medical Drive Parking to the north of new building, behind building line in landscaped hedge row Drive -thru located to the east —fully screened from Range Line Road by the building Cut shown to the east cannot be installed without cooperation of owner to the east Proposed building will be two stories, pulled up to the street, with on- street parking Architectural standards consistent with the Range Line Road corridor General Public Comments: Anne Brooke, 340 West Smokey Row Road, questions regarding current Taco Bell General Public in Favor: Doug Montgomery, facilities engineer for Carmel Care, read letter of support (previously submitted) 6 ONE CIVIC SQUIRE CARMEL, INDIANA 46032 317/571 -2417 submitted) has re- directed drainage water from property to retention pond. Request that Plan Commission take special care in looking at drainage to ensure that all work done on Carmel Care property is not negated Dept Report, Angie Conn: Most concerns are minor signage, bike parking Major concern -corner of bldg at Range Line and Medical Drive is a "dead" corner —no real entrance and request Commission review Placement of entrance is contrary to the Overlay Zone which promotes pedestrians and bicyclists Recommend forwarding to February 2 Special Studies Committee Commission Comments: Site would not function properly with a second entrance False entrance would be confusing to the public Common Sense should over -rule guidelines Drawings should be labeled for clarification Second door is confusing —better project without second door Design of building is great —but absolutely confused as to the doors Is Parking on Range Line a good idea at this time? How much of the sidewalk is restricted due to parking being removed? Preference would be trees and a wide sidewalk as opposed to parking Bicycle parking should be addressed Would like commitment from petitioner regarding no advertising/signage in windows Would like Dept to look at on- street parking —Range Line is a really busy street Charlie Frankenberger: Bldg entrance on west side of building Could simply continue the knee board to help define entrance A second entrance is not required under the Ordinance Tom Crowley, Gershman Brown Crowley: Proposed project a culmination of 4 or 5 meetings with DOCS Staff Position on second entrance has been explained to Staff Site is a little smaller than normal for a CVS CVS on west side of Range Line, former Osco store, will be closed Proposed CVS will be a high volume store Second entrance would cause loss of sales space Petitioner has agreed to put on -street parking on Range Line and Medical Drive Petitioner willing to wrap the limestone cap for continuity 9 or 10 parking spots between Range Line and Medical Drive Highly unlikely that anyone would park on Medical Drive and walk around the building Parking count numbers 63 plus the on -street parking Re Drainage issue, petitioner is doing underground detention and taking it out to Range Line Petitioner will address bike parking at committee Dept, Angie Conn: Petitioner has worked with City Engineering Dept to design "complete street" with on -street parking, landscaping, pedestrians, all of those things 7 ONE CIVIC SQU CAP -NIEL, INDIANA 46032 317 /571 -2417 Someone must take the first initiative Docket No. 09100011 DP /ADLS, CVS Pharmacy at Range Line Road was referred to the Special Studies Committee for further review on Tuesday, February 02, 2010 at 6:00 PM. 3. TABLED TO FEB. 16: Docket No. 09090004 OA: SCO Ch 4: Definitions, Amendment The applisant seeks te amend GhapteF 4i Definitions ef the Subdivision Gentf:el Or-diflanee (SCO) ift 4 -7. Docket No. 09110035 PP: Reading Tree Park Primary Plat The applicant seeks primary plat approval for 4 lots on 6.44 acres and seeks these subdivision waiver approvals: Docket No. 09110036 SW SCO 6.05.01: 50 -ft minimum lot frontage at the road r/w Docket No. 09110037 SW SCO 6.05.07: when adjacent to, dwelling must face a parkway WITHDRAWN: side The site is located adjacent to the Monon Greenway, at 212 W 136' Street. It is zoned R- I/Residence, partially within the US 31 Overlay Zone. Filed by Greg 11ko of CrossRoad Engineers, PC for Reading Tree Park, LLC. Present for Petitioner: Justin Moffitt, developer; Dustin Meyers, CrossRoad Engineers Overview: Proposed Site borders Monon Trail and Traditions Townhomes to the east Little Cool Creek runs through the property and flood plain restricts development Proposed homes to be custom -built and valued at a minimum of $350/450,000 Currently working with Carmel Engineering to maximize useable space through FEMA process Existing paved drive on site that accessed a home that was demolished several years ago Petitioner is proposing to re- surface and widen existing drive to serve as common drive for the three homes being built Department of Engineering requesting ONE curb cut Proposed 3 homes will all face west Revised tree plan and buffering plan submitted to Scott Brewer Petitioner has included Draft Residential Guidelines with covenants Petitioner is committing to a list of "Green Initiatives" Petitioner commits to installing a Rain Garden Covenants will not allow lawn irrigation; residents will have natural landscapes native plantings General Public Comments, Favorable: Anne Brooke, 340 West Smokey Row Road, in favor of current plans presented Concern regarding up -land fourth quadrant (no plans at present) no access Could be future building that would affect this immediate area extension of Rohrer Road, cut for path to Monon nothing known at present Don Endres, adjacent property owner, reiterated that the property is not accessible —it is flood plain Public Hearing Closed Rebuttal, Justin Moffitt: ONE CIVIC SQUARE CAFNIEL, INDIANA 46032 317/571 -2417 Currently, no development plans for Lot #4 Lot #4 could be no more than single lot for single family home without going thru additional process Single family home would require a permit from DNR for a driveway No current plans -would require another public hearing process in future Regarding Access: previous developer's proposal was for a road that would serve a public purpose —this proposal is not the case. Able to build in a flood plain as long as not built above base split elevation and can build a driveway in flood plain for single family residential use Dept, Angie Conn: No opposition to Waivers requested Outstanding issues with Carmel Engineering Dept re stormwater detention and sight/distance in relation to driveway cut Recommend referral to February 02 Subdivision Committee Commission Comments /Questions: Monies paid to City non reverting Thoroughfare Plan Fund —for a 10 -foot wide path or property all the way to the Monon, even piece not owned? Homes placed within the flood zone? Where is Meridian Overlay boundary on the property? Potential access to Lot 4 if combined with another project No irrigation using City Water or possible self contained irrigation using recycled water on site? Map should show where the US 31 Corridor line is located Committee to explore commitment from petitioner as to one single family unit per lot in perpetuity Response, Justin Moffitt: City Engineering uses a formula based on number of foot frontage; property frontage is broken —City may do a project in coming years and maybe use the funds to improve the entire side of the street. Lots 2 and 3, the homes are placed out of the flood zone; Lot 1, placement shown is where we believe we can build once the map is revised. Until the FEMA map is revised, would not build on Lot 1. The Meridian Overlay slices through Lot 4-yes, there could be access if combined with another project Docket No. 09110035 PP, Reading Tree Park Primary Plat was referred to Subdivision Committee for further review on Tuesday, February 02, 2010. 8. Docket No. 09120022 CPA: Comprehensive Plan Amendment, Thoroughfare Plan Map The applicant seeks approval to amend the Thoroughfare Plan Map of the Carmel Clay Comprehensive Plan (C3 Plan 2009). Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Present for Petitioner: Adrienne Keeling, Dept of Community Services Overview: Minor changes to Thoroughfare Plan Map 6Items Re- aligning the Legacy Development Propose to extend Veteran's Way into First Avenue (through City Center, connecting down to Carmel Drive Grand Boulevard designation 9 ONE CIVIC SQUARE CAMMEL, INDIANA 46032 317/571 -2417 Add connection from Pennsylvania Parkway, curving north through the Browning Development into Old Meridian Addition of round abouts along 106`' Street at Ditch, Town, and Shelborne Roads 96"' Street and Commerce Drive, a round -about is proposed that should be added to the map If recommended for approval, these changes will be forwarded to the City Council; if further review is needed, referred to Committee. Public Remonstrance: None Public Hearing Closed Commission Comments /Questions: Do the map changes coincide with the Browning property and what is intended at that location? Round -about at 96` Shelborne workable? Response, Adrienne Keeling: The map changes reflect what is being proposed on the Browning site; no history on 96" Shelborne round- about —what is proposed is being designed by the County. Motion: Jay Dorman "to suspend the Rules to vote on Docket 09120022 CPA, Comprehensive Plan Amendment, Thoroughfare Plan Map," seconded by Woody Rider, approved 10 -0. Motion: Jay Dorman "to approve Docket No. 09120022 CPA, Comprehensive Plan Amendment, Thoroughfare Plan Map and send on to City Council," seconded by Woody Rider, approved 10 -0 I. Old Business 1. Docket No. 09090018 CPA: 96 Westfield Subarea Plan Comprehensive Plan Amendment The applicant seeks approval to amend the Cannel Clay Comprehensive Plan (C3 Plan 2009), to adopt Land Classifications and a Subarea Plan for the 96th Street Westfield Boulevard Special Study Area, which is located south of 99th St. north of 96th St., east of the Monon, and west of Keystone Pkwy. Filed by the Department of Community Services, on behalf of the Cannel Plan Commission. Present for Petitioner: Brad Johnson, Ground Rules, Inc., Zionsville, Indiana. Overview: Petitioner appeared for Committee review three times Buffer language has been clarified Transition area added Clarified redevelopment potential along Westfield Boulevard Along 99 Street, a pedestrian facility should be recognized on the north side Northern pedestrian facility should be the side path, the southern piece should be a side walk due to the mature trees on the south side Maple Street is now a non- through street but made sure it was still a strong pedestrian connection to 99 Street 96 Street has been down graded in the Thoroughfare Plan from a Primary Arterial to a Primary Parkway —still carries a lot of traffic but would have a green median 10 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 Proper land -use classification applied to the Aramore property and those properties along Westfield Blvd Special Studies Committee voted 4 -0 in favor of the Amendments to forward to the full Plan Commission with a positive recommendation Committee Report, Rick Ripma: Lots of public input Meetings remained open for public benefit Property Owners in the area were happy with the final product Committee voted 4 -0 positive recommendation Dept Report, Angie Conn: Department is in favor of forwarding to City Council with a positive recommendation Commission Comments /Questions: Will 98` Keystone be right in/right -out? 96 Street from Haverstick west Primary designation consistent between Keystone Haverstick? Response, Brad Johnson: Final design unknown— assume 98` Keystone will be right in/right -out Due to re- design of Keystone 96� grade separation —will be important to keep the same designation Motion: Sue Westermeier, "to forward Docket No. 09090018 CPA, 96` Westfield Subarea Plan Comprehensive Plan Amendment to the City Council with a positive recommendation," seconded by Rick Ripma, Approved 9 in favor, none opposed (Note: Madeleine Torres was out of the room at the time the vote was taken.) J. New Business 1. Docket No. 09050010 OA: Carmel SmartCode Ordinance Amendment. (Z- 535 -09) Adopt Article 3: CARMEL SMARTCODE as part of Carmel City Code, Chapter 10: Zoning Subdivisions. The SmartCode contains new development regulations that will affect the area of Carmel north of 116` Street and bounded by US 31 and Keystone. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. Present for Petitioner: Michael Holllibaugh, Director of Department of Community Services. Overview: Returned (rejected) by City Council Executive Committee had two options Ending with a Code amended in an insignificant way with missing punctuation, page numbers, etc. Option 2 —a more significant Amendment that took into account public input heard at two City Council public hearings with some adjustments 11 ONE CIVIC SQU CAR EL, INDL-�N A 46032 317/571 -2417 Tried to incorporate key zoning commitments made in each PUD and other rezones; once the zoning map is changed, the commitments attendant to PUD's and other rezones will go away Executive Committee voted to return the minimal, revised edition to the Council with a favorable recommendation Department Comments, Angie Conn: Nothing further to add Executive Committee Report, Leo Dierckman Executive Committee met on January 12 Committee suggested that Plan Commission forward the Amendment to City Council with a recommendation that the DOCS Staff actively participate in City Council review of draft and existing commitments DOCS Staff could also suggest additional changes that might be made SmartCode is a good planning document with a lot of time spent on it SmartCode strengthens the protection of the neighborhoods Public should telephone or email Council members with their comments and opinions Document is a high level of input and a great extent of collaboration, openness, and participation from the public when it came out of Committee Motion: Brad Grabow "To send Docket No. 099050010 OA, Carmel SmartCode Ordinance Amendment (Z- 535-09) to City Council with a positive recommendation, and with the recommendations made at Executive Committee that DOCS Staff actively participate with the City Council in their review and that the Council consider items such as existing commitments and other recommendations from the DOCS staff that may be responsive to public comments," seconded by Sue Westermeier, approved 10 in favor, none opposed. 2. Withdrawn Docket No. 09070013 Z: Carmel SmartCode Rezone (Z- 536 -09) The applicant seeks to amend the Official Zoning map of Carmel/Clay Township to include the proposed SmartCode. The area included is north of 116 east of US 31, and west of Keystone Avenue. The zones to be added to the zoning map include TI/Natural Zone, T2/Rural Zone, T3- E /Sub -Urban Estate Zone, T3 L /Sub -Urban Large Lot Zone, T3 /Sub -Urban Zone, T4 /General Urban Zone, T5 /Urban Center Zone, T6 /Urban Core Zone, and SD /Special District. Filed by the Department of Community Services, on behalf of the Carmel Plan Commission. J. Adjournment at 8:35 PM amona ancock, Secretary Leo Dierckman, President 12 ONE CIVIC SQUARE CARINIEL, INDIANA 46032 317 /571 -2417