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HomeMy WebLinkAboutMinutes PC 06-15-10q �kj Of CAa 4f MAW' City of Carmel CARMEL PLAN COMMISSION TUESDAY, JUNE 15 2010 City Hall Council Chambers, 2 °d Floor One Civic Square Carmel IN 46032 6:00 PM Members Present: Members Absent: Leo Dierckman, Jay Dorman, Brad Grabow, Judy Hagan, Heather Irizarry, Nick Kestner, Kevin "Woody" Rider, Rick Ripma, Steve Stromquist, Susan Westermeier Madeleine Torres Also Present: Ramona Hancock, Plan Commission Secretary Hugh Cooper, Veteran of the Korean War, led the Plan Commission in the Pledge of Allegiance Minutes of the May 18, 2010 meeting were approved as submitted. Legal Counsel Report, John Molitor: One pending case involving the Johnson Acres Garage—deposition scheduled for Thursday morning. An Executive Session may be necessary for next month, but will wait and see. Nothing has happened in the last month. Department Announcements, Angie Conn: The last item under Old Business, Appendix A Amendment, Docket No. 10050001 OA, has been Tabled to the July 20, 2010 meeting. H. Public Hearings 1. Docket No. 10040004 Z: Howard House, Inc. Rezone (Orin Jessup Land Company's 1 Addition, lots 142(pt) -144). The applicant seeks approval to rezone 0.31 acres at 10620 Bellefontaine St., from the R- 3/Residence to the B- 7/Business Zoning Classification, within the Home Place Business District Overlay. Filed by Barker Law Offices, on behalf of Howard House, Inc. Present for Petitioner: David Barker, Barker Law Offices, 650 North Range Line Road, Carmel. Also present: Dan Mattingly, property owner of 10620 Bellefontaine Street. Overview: Howard House in Home Place owned by Dan and Liz Mattingly since the year 2000 Howard House is comprised of three (3) parcels —will transition down to one (1) parcel and will happen with the Rezone S:/PlanCommission/ Minutes/ PlanCommissionMinutes /PCMinutes2010/PC- 2010 -June 15 ONE QvIC SQUARE CARMEL, INDIANA 46032 317 -571 -2417 Currently, Howard House houses Mattingly Construction Concrete Mr. Mrs. Mattingly's son lives in the property and is a tenant Petitioner has received positive comments from adjacent homeowners as well as staff Public Remonstrance: None Department Report/Comments, Angie Conn: Rezone falls in line with Purpose Intent of Home Place Overlay as well as Comprehensive Plan Recommend Plan Commission Suspend its Rules of Procedure and vote this evemng Dept recommends forwarding to City Council with a positive recommendation Commission Comments /Questions: "Logical action" Mattingly business has been well maintained since moving into the area Gravel or concrete in yard? (Gravel) Any underground storage tanks? (No) Any issues with IDEM? (No) Dan Mattingly, owner of Howard House, Comments: Wanted to keep the name "Howard House" after Don Howard who built the house —one of the oldest homes in Home Place Motion: "Woody" Rider "To suspend the Rules of Procedure," seconded by Heather Irizarry, approved 10 -0 Motion: "Woody" Rider "To forward Docket No. 10040004 Z, Howard House, Inc. Rezone (Orin Jessup Land Company's 1' Addition, lots 142 (pt -144) to the City Council with a positive recommendation." Motion seconded by Rick Ripma, approved 10 -0. 2. Docket No. 10040009 DP /ADLS: Turkey Hill Minit Markets. The applicant seeks site plan and design approval for a mixed use building with office, retail, and fuel station uses. It is located at the northeast corner of Range Line Rd. Carmel Dr. (former Pizza Hut site). The site is zoned B- 8/Business and lies within the Carmel Dr. Range Line Rd. Overlay. Filed by Steve Fuller of TH Midwest Inc. Present for Petitioner: Jon Dobosiewicz, Land Use Professional with Nelson a Frankenberger. Also present: Steve Fuller, TH Midwest, Inc.; Jim Shinaver, attorney, Nelson and Frankenberger; other members of the development team. Overview: Request approval to redevelop site at Range Line Road Carmel Drive Request office, retail, and fuel station uses Proposal would replace existing building with a multi -tenant building and fuel center Also requesting developmental standards variances from BZA— signs, occupancy less than 70% of the frontage, and a reduction in floor area ratio "FAR Proposed building pulled up to Range Line Rd along right -of -way Carmel Drive Parking will be north and east of proposed building as well as the fuel center canopy behind front building line Parking screened from Range Line Road by the two -story building S:/PlanCommission/ Minutes/ PlanCommissionMinutes /PCMinutes2010/PC- 2010 -June 15 2 ONE QVIC SQUARE CARMEL, INDIANA 46032 317 -571 -2417 Existing driveway cut on Range Line Road will be eliminated Access to site from north would be under cross access easement with Kroger Design of building is culmination of design team and City staff Proposed building significantly different from franchise architects typically implemented by Turkey Hill in its developments Building is two stories 2 "d floor approximately 2,000 sq ft; first floor approximately 4,000 sq ft Windows are all clear vision glass windows except for spandrel glass Behind spandrel glass is functional purpose, therefore not visible Proposed building meets and exceeds architectural requirements Input solicited from Redevelopment Director Building design is unique for Turkey Hill Building design provides exceptional example of plan that accommodates proposed use (fuel center and multi- tenants) and also respectful of urban design goals for the area Proposed building is dramatic change and will transform this corner significantly Public Remonstrance, General, Unfavorable: Jeff Watkins, 234 West Main Street, Carmel, "Just cannot envision this use for this corner." Rebuttal, Jon Dobosiewicz: Not requesting use approval from Plan Commission Proposal is a permitted use on the property Petitioner has developed a plan with Staff and City for both building and site plan that accommodates this permitted use Building and site plan are felt to be aesthetically pleasing and beneficial to community Site is eligible zoning for fuel center Dept Report, Angie Conn: Staff recommends sending this item to July 06 Special Studies Committee for r4eview Staff requests that Commission grant final voting authority to Committee Minor drainage issues on site —can be worked out Commission Questions and Comments: Dept Report/Engineer's Comments refer to a roundabout at this location Curious as to what staff envisions as a roundabout to help mitigate traffic challenges this investment might have (Dept says it is a good discussion point for Committee —Dept will ask that questions of Engineering) Was Kroger's approval years ago predicated on a right in off Range Line Road and right out of Kroger site at access close to former Pizza Hut site? Perhaps we should re -visit and look at this anew Will discuss limiting access at Committee Question regarding "Lift" noted on drawings Bicycle Parking? Building seems to be "plain" relative to building to the south in terms of detail What is size, material, texture of awnings and could they also be put on second story for more definition? Are roof -top mechanicals in full view? Lighting —huge poles necessary? Recycling bins on site? Access point on Carmel Drive within 100 feet into the median from roundabout sounds tricky to maneuver as cars come off Range Line Road and cars trying to turn left as well as cars flowing north and south coming out of gas station Traffic Flow is a huge issue S:/P1anCommission/ Minutes/ P1anCommissionMinutes /PCMinutes2010/PC- 2010 -June 15 3 ONE avIC SQUARE CARWL, INDIANA 46032 317 -571 -2417 Signage —there are a lot of signs committee should keep sign package separate from architectural details of the building; also hope that commitment could be made by petitioner not to have signage on the windows as was done with CVS Request no signage or ads on patio umbrellas Architecturally or design wise, the LED lighting does not seem to fit the proposed fixtures Request Committee NOT be given final authority for approval vote Any other Turkey Hill Markets within close proximity? Request aerial view of area to review for traffic —left turns a nightmare —hours of operation? Parking behind pumps? Tenants in building? Any locations in Carmel that display type of lighting proposed? Dept may want to check with Police Dept to see if any problems/high accidents occur with left turns at Shell Station due to its similar format If roundabout is built at this intersection, wouldn't the median be built far enough that it would force traffic to use the roundabout to travel east on Carmel Drive? (Yes) If roundabout is built, there is no issue Building is totally unattractive —does not meet what was required of the Fineberg building Building is boring and makes no statement at all This is a major corner —what are the review guidelines utilized? Was Les Olds' firm paid any fees to review design or involved in any way? If we are going in different direction than the Plan Commission has directed, we need not "beat them up" with a bunch of variances Response, Jon Dobosiewicz: Current Thoroughfare Plan does not identify a roundabout at this intersection Additional discussion by the City regarding a roundabout City wanted to make certain that proposed plan could accommodate a roundabout if constructed in future Proposed site plan identifies parameters under which City would construct a roundabout Proposed bldg on site plan shifted north so that all physical improvements would lie outside proposed right -of -way Access along both Carmel Drive and Range Line Road has been discussed with Engineering Individual driveway cut would be beyond the separator Because of accommodating right -of -way, City would construct a "left -turn lane" into the site, outside mainline traffic— traffic traveling east and west on Carmel Drive would not have to stop for an individual waiting to turn left onto the site Petitioner does not play a role in the roundabout—has only been asked to accommodate Today, exiting onto Range Line Road is only north (right turn) traveling thru the Kroger site to the signalized intersection would allow a left turn onto Range Line Road City could modify right in/right out and install a median to prevent access Lift elevates to accommodate deliveries to the site; screened from view, even when in operation Bicycle parking is provided and identified, adjacent to walk areas Petitioner is providing a penthouse screen and roof top units will be entirely screened from view Lighting fixtures are pole mounted; others are canopy or soffit that surrounds the bldg LED lighting system little spotlights Recycling area at far, northwest comer of site (details under Tab 5) and matches the building design Based on number of comments from Commission members, appropriate for this item to be reviewed by Committee and returned to full Commission for vote Existing locations of Turkey Hill facilities: Re -build in Martinsville; newest ground -up facility in Columbus, near Ohio State campus currently three locations in Indianapolis and Avon area Left turns off Carmel Drive is permitted today— petitioner not adding additional S:/PlanCommission/ Minutes/ PlanCommissionMinutes /PCMinutes2010/PC- 2010- Junel5 4 ONE avic SQUARE CARWL, INDIANA 46032 317 -571 -2417 No proposal to restrict hours of operation Second floor is 2,000 square feet; first floor is 4,000 square feet in tenant space employees would park on the Kroger site to free -up parking for patrons —site plan shows parking heading in toward the building with additional parking along the east perimeter to the site —a walking path area is also provided for patrons to successfully navigate around the island Level of parking required on -site exceeds expectations —can be discussed further at Committee Will locate examples of lighting Construction of roundabout is so removed from the plan, it is not even part of discussion Dept Response, Angie Conn: Can look at Kroger site —right in/right out, but from a traffic flow standpoint, it makes sense for traffic to go thru the Kroger site to the signalized intersection Dept will also talk with Engineering Dept Response, Michael Hollibaugh: Regarding architectural guidelines, looked at building just like any other under Range Line Road Overlay Plans were referred to Les Olds, CRC, for feedback Additional detail has been added to the building Committee process does allow for comments and adjustments by Plan Commission Renderings seldom do justice to a development Jon Dobosiewicz: CSO Architects was engaged last fall and concept exhibits were prepared and utilized when discussing development of this site with Staff After concept plans were developed, CSO was no longer involved; Turkey Hill engaged an architect from Missouri to develop final drawings This development is not under purview of Redevelopment Commission Will bring architect to Committee meeting Can incorporate different elements of design —roof pitch, alignment of upper and lower floors, windows, masonry requirements, etc. Will take comments of Plan Commission regarding design and offer alternatives Disposition: Docket No. 1004009 DP /ADLS, Turkey Hill Minit Markets was referred to Special Studies Committee for further review on July 06, 2010. 3. Docket No. 10060001 OA: ZO CH 28: Nonconforming Uses Exemptions, Amendment. The applicant seeks to amend Chapter 28: Nonconforming Uses Exemptions of the Carmel Zoning Ordinance. Filed by the Carmel Dept. of Community Services on behalf of the Carmel Plan Commission. Present for Petitioner: Adrienne Keeling, Dept of Community Services Overview: Proposed Amendment to Chapter 28 of Zoning Ordinance Proposal amends non conforming use chapter Currently Ordinance has paragraph to determine non conforming use Existing language allows BZA to consider question of non conforming use as a question of fact 1)odc c,t No. 1000900 1 OA: ZU 1 1 1128: Nottccmfocmit!�k_y Csc• f' nipricros, Am.. ii6mect. ti ?I ?lIC._itii 41kS {.0.11) .:IIU �1i1�11�_'t :tlli�;C111!i�illll;i" i.'��'� 1'l'C't 1�?1!llll� o iIlk.' C.ititl': S:/ P1anCommissionlMinutesfTI SnCoipmissionN iogtes/PCMingtqs20l O/PC- 2010= Junel5 i •tl it l t', C t l 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317- 571 -2417 Proposal adds language when questions of non conforming use are as a result of eminent domain, (usually because of a roadway improvement) Proposed paragraph specifically allows those questions of non conforming uses to be placed on the Board of Zoning Appeals Agenda by the Dept Director General Public Comments, Unfavorable: Tim Oaks, attorney, Ice Miller, One American Square, Indianapolis, 46282, representing and appearing on behalf of Hunt Pacific Management, owner of Woodland Springs Apartments located at 116 Street and Keystone Parkway. Overview: Believe the motivating factor for this Amendment is the position they find themselves Condemnation is a result of taking of right -of -way within one foot from an apartment building Litigation has resulted Mr. Oaks displayed a picture showing closeness of construction to apartment building Timing of Proposed Amendment is believed to be inappropriate Purpose and Effect is even more disconcerting Purpose is believed to be an attempt by Carmel to reduce damages in an eminent domain case Owner of property must endure a greater burden with respect to public improvements It is believed that the City is trying to reduce "fair market value" that the property owner should receive Effect? Scenario #1: Road is widened and results in right -of -way being moved; let us say that a 20 foot set back is now a 5 foot set back and not in compliance. Zoning Administrator requests the item be put on the Agenda and declared a non conforming use. Let's assume it moves forward and is a non- conforming use. Scenario #2: A few years later: A different street, different home, set -back is now reduced to one foot and the Zoning Administrator makes the same request. How can the Board, at that time, find differently? If it is a non conforming use at 15 feet, it must be at one foot —there is no discretion; in other words there are no standards in the provisions drafted. Another example: Instead of Carmel widening the road, it is MOT and they take property. Suddenly a pylon sign that Carmel has had to endure for years and years is now not compliant with the Ordinance. How do you then say, we don't want that to be a non conforming use, we want it taken down. Be careful what you ask for here. In one isolated circumstance you may think it is benefiting Carmel, but then you are stuck with it. There are no standards, no consistent enforcement, it is not believed to be legal, and worst of all, not even "fair." Rebuttal: Michael Hollibaugh, Director, Dept of Community Services Understands that there are concerns by Mr. Oaks, his law firm, and the property owner City is trying to acquire ground from property owner —this is not a way to try to correct that situation City has been purchasing real estate for road widening on a fairly large scale for more than a decade Rarely does the City end up going to Court to solve the problems Normally City works with land owners to solve problems the City creates with setbacks and zoning standards Proposed language meant to solve problems the City creates —not a way around them City can agree on price, result is they are short in setback Trying to incorporate a process S:/ P1anCommission/ Minutes/ P1anCommissionMinutes /PCMinutes2010/PC- 2010- June15 6 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 -571 -2417 Would like landowners to feel comfortable, to make things right, so that there is no cloud hanging over their real estate because of the widening of the road that changed the situation and leaves them in a non- conforming situation The proposed Amendment is an option we are trying to add to the Ordinance Department Comments, Angie Conn: Recommend suspend Rule of Procedure Recommend forwarding to City Council with positive recommendation Commission Question: If this gets passed, how does that change the situation for the property owner? John Molitor, Legal Counsel: It is not clear that it would change the process for this particular property owner represented by Mr. Oaks. In general, under the existing Ordinance, there is already a process for it to be decided by the Board of Zoning Appeals. The Ordinance is not crystal clear on this point. Our Ordinance defines an Illegal Nonconforming Use as something that was always illegal, even before an Ordinance got changed; Legal Nonconforming Use is something that was legal, then the Ordinance got changed and now makes it non conforming, but is termed "grandfathered" whereby you can continue to have it, even though the Ordinance got changed after improvements were made. Our Ordinance does not specifically address the situation where you have a building that is conforming and a utility or city comes along and takes right of way and now it is too close —our Ordinance does not address that —other than the possibility that the issue can be sent to the Board of Zoning Appeals for a decision. Much discussion ensued with hypothetical situations given Motion: Jay Dorman "To suspend the Rule of Procedure in order to vote on this item this evening." Motion seconded by Woody Rider, approved 10 -0 Motion: Jay Dorman "To forward Docket No. 10060001 OA, ZO CH 28, Nonconforming Uses Exemptions, Amendment, to the City Council with a NEGATIVE recommendation." Motion seconded by Woody Rider, approved 10 -0. I. Old Business TABLED TO JULY 20: Docket No. 10050001 OA: Appendix A Amendment The apphean -seeks to amen. Appemdi*.4 Sehedule o bls' "tee Zening-Qfdinanee. Filed by the Gafmel Dept ity S ff -4 ees b f th r t Dt GGemmi ten J. New Business None K. Adjournment 7:25 PM Leo Dierckman, President Od J 4 6 ME coc ecretary S:/PlanCommission/ Minutes/ PlanCommissionMinutes /PCMinutes20l O/PC- 2010- June15 7 ONE CHIC SQUARE CARMEL, INDIANA 46032 317 -571 -2417