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HomeMy WebLinkAboutMinutes PC 10-19-10OF CA P Qi�0.TN ..gq�''.o /NDIANp City of Carmel City Hall Council Chambers 2 Floor One Civic Square Carmel IN 46032 6:00 PM CARMEL PLAN COMMISSION TUESDAY, OCTOBER 19, 2010 Members Present: Leo Dierckman, Jay Dorman, Brad Grabow, Judy Hagan, Heather Irizarry, Steve Lawson, Kevin "Woody" Rider, Steve Stromquist, Susan Westermeier, Ephraim Wilfong Members Absent: Nick Kestner DOCS Staff Present: Director Michael Hollibaugh, Angie Conn, Adrienne Keeling; Legal Counsel John Molitor. 0 Also Present: Ramona Hancock, Plan Commission Secretary The Minutes of the September 21, 2010 meeting were approved as submitted. Announcements, Adrienne Keeling Up- date/Report on the Patch Ordinance (Z543 -10) was turned down by City Council last evening. However, the Council has tendered a list of suggestions and Plan Commission has 45 days to address and return to the City Council. The Department is suggesting that this item be returned to the Special Studies Committee. Part of the issue was more one of timing with the Council and their ability to achieve a quorum at their Committee meeting. Legal Counsel Report, John Molitor: The City is one of the plaintiffs in the Johnson Garage legal action. A motion has been filed for summary judgment. The Court is expected to rule, probably within 90 days. H. Public Hearing 1. Docket No. 10080013 DP: Walnut Creek Drive Extension. The applicant seeks development plan approval to extend Walnut Creek Dr. south to 98 St. and relocate some utilities. The site is located at the northeast corner of 98 St. and Michigan Rd., just south of West Carmel Marketplace. The site is zoned B-3/Business and lies within the Michigan Rd/US 421 Overlay Zone. Filed by Bill Armstrong. Present for Petitioner: Brian Cross, Civil Site Group, 643 Massachusetts Avenue, Indianapolis; Bill Armstrong, property owner S:/ PlanCommission /Minutes/PlanCommission2010 /oct 19 ONE CIVIC SQUIRE CARMEL, INDIANA 46032 317 -571 -2417 Overview: Property was part of a Development Plan petition in 2007 Initial proposal was part of a 21,000 square -foot integrated retail center Initial project did not move forward As part of previously approved development plan, Walnut Creek Drive connection was made at the property line Current petition seeks approval for construction of Walnut Creek Drive extension only Current petition does not include a building or landscaping, lighting, signage at this time With current interest to develop, there is need for infrastructure design In addition to the road, there is infrastructure needed for road drainage, connection points for lots and parcel development in the future, and eventual drain through the infrastructure to Crooked Creek and the pond infrastructure of West Carmel Marketplace Currently there is a proposed right turn only lane on Michigan Road Petitioner has a driveway permit pending at INDOT Petitioner has met with INDOT many times —right turn lane would start at 98 Street, deceleration, and into the property Petitioner has responded to Engineering's comments DOCS Staff and City Council have been working with neighboring, adjoining property owner to the north indicating that Walnut Creek Drive, as it exists today, terminates at a certain point, but that a connection is proposed The construction and connection of Walnut Creek Drive would be done solely at the cost of Mr. Armstrong The petitioner feels that as a part of the approval for West Carmel Marketplace development plan, a condition was to create Walnut Creek Drive as a "rear" frontage road in order to alleviate the traffic congestion on Michigan Road —part of the Michigan Road Overlay Ordinance that requires this type of development to have ancillary and accessory access to the rear Remonstrance /General Public/Favorable: Barbara Baker, representing Kohl's Dept Store, 9895 North Michigan Road, wanted to know the location of Walnut Creek Drive, how or if they would be affected from a business perspective, and if their access would be affected. Jerrod Lande, property owner where the road will end. Mr. Lande was in favor of the extension and felt it was a good means to alleviate neighborhood traffic and be able to turn onto Michigan Road because of the medians. Richard Goodwin, 3742 West 98` Street, directly east of the outlined project. Mr. Goodwin was in favor of the extension, but wondered how it would affect sewage, drainage, electrical, etc. Organized Remonstrance /Unfavorable: Mary Solada, attorney, 2700 Market Tower, Indianapolis, local counsel for West Carmel Marketplace. Comments not necessarily unfavorable or favorable, but on record. Walnut Creek Drive not shown on plat as a public, dedicated street; it is shown as a common block West Carmel Marketplace has been paying taxes, insuring, and all those things a property owner would do for their property. West Carmel Marketplace is in discussion with Mr. Armstrong to work out the details of the connection Record should be clear —West Carmel Marketplace has not consented to the connection S:/ PlanCommission/ Minutes /PlanCommission2010 /oct19 2 ONE CIVIC SQUARE CARMEL, INDIIANA 46032 317 571 -2417 Hope to work through the details to make it happen Paving is not the issue Issues of liability, long -term maintenance, etc need to be worked out Ownership of West Carmel Marketplace is "Casto" in Columbus, Ohio Rebuttal, Brian Cross: Proposed extension will not affect Kohl's utilities or access Mr. Goodwin and Mr. Lande are in favor of the petition Regarding Ms. Solada's comments: There has been communication between Mr. Armstrong, Mr. Armstrong's counsel, West Carmel Marketplace ownership group and their counsel. The petitioner feels that the connection road needs to occur; the petitioner also agrees that there are some interesting, formulated, activities that need to occur between both parties. The petitioner also feels that the Development Plan approval for West Carmel Marketplace was very clear and consistent with the Zoning Ordinance of US 421 Overlay Zone and the fact that the road is part of the zoning ordinance that was approved. The petitioner is merely exercising the property ownership in the Development Plan approval right to adhere to the Ordinance and make the connection to 98` Street. Reiteration: The cost of the road improvement is being done solely by Mr. Armstrong If the connection does not occur, there may be issues with public fire, safety, access to /from the facilities that will be compromised Mr. Armstrong has purchased a lot inside West Carmel Marketplace in the past, and that particular property is now incorporated into the overall development (3.26 acres) Mr. Armstrong is an interested party and also has ownership within West Carmel Marketplace The petitioner does not feel that it should be a condition of approval to stop pavement at their property line The petitioner has the support of the City and Staff for this petition Department Comments, Angie Conn: Best course of action: Send to Committee for further review Allow parties time to work out negotiations Commission Questions /Comments: Uncertain whether northern property owner is looking for financial consideration of the triangle What are requirements for the road —if it connects to 98` Street, will it be private or public? It only makes sense for the connection to occur Was Walnut Creek completed to the point that the Overlay required it to be completed? It is odd that it stops short of the property line The parties will hopefully work this out prior to Committee meeting Is Walnut Creek Road on the Thoroughfare Plan? It makes sense to connect —how they negotiate care /maintenance /upkeep of a private road is difficult to navigate through Mr. Armstrong would probably be responsible for his portion of the road, same with West Carmel Marketplace —they are both benefiting from the road Response, Angie Conn: Technically, West Carmel Marketplace should have extended Walnut Creek to their south property line the City could take enforcement action The timing was right for Mr. Armstrong to offer to fill in the gap and extend the road Either way, the extension/connection will be done S:/PlanCommission/ Minutes /PlanCommission2010 /octl9 3 ONE CIVIC SQUIRE CARMEL, INDIANA 46032 317 -571 2417 Walnut Creek Road is not on the Thoroughfare Plan but does appear as a "frontage road" within the development of West Carmel Marketplace The 421 Overlay does endeavor to have the commercial properties connect by the frontage road to 98` Street The Michigan Road Overlay encourages connection through its requirements Comments, John Molitor, Legal Counsel: Development Plan shows the street stubbing to the property line Ordinance promotes the alignment and connection, but does not mandate a cross easement agreement between the property owners Extension not intended to be a public right -of way; only encouraged as a connection between two private developers Docket No. 10080013 DP, Walnut Creek Drive Extension was forwarded to Special Studies Committee on November 03, 2010 for further review. Old Business 1. Docket No. 10070009 OA: Parkwood Crossing West PUD Amend. The applicant seeks to amend text within the Parkwood Crossing West Planned Unit Development Ordinance (Z- 359 -01) as it relates to Outlot 2, located at the northwest corner of 96 St. and Meridian St. Filed by Paul Reis of Krieg DeVault, LLP for Lake City Bank. 2. Docket No. 10070010 DP /ADLS: Parkwood Crossing West Lake City Bank Outlot 2). The applicant seeks site plan and design approval for a bank branch regional headquarters, located at the northwest corner of 96 St. and Meridian St. The site is zoned PUD/Planned Unit Development. Filed by Paul Reis of Krieg DeVault, LLP for Lake City Bank. Note: Items 1 and 2 were heard together Present for Petitioner: Paul Reis, attorney, Krieg DeVault, 12800 North Meridian Street, Suite 300, Carmel; Clint Pletcher. Senior Vice President, Lake City Bank; Jon Scheidler, Site Engineer. All three petitions were discussed and reviewed at Special Studies Committee. Overview: All three petitions discussed reviewed by Special Studies Committee Synopsis of committee discussion provided to Commission Members Special Studies Committee voted to recommend approval of the DP /ADLS application Special Studies Committee voted to recommend approval and forwarding to City Council of the PUD Amendment Committee Report, Steve Stromquist: Parking was a question Land banking was suggested at public hearing The Committee explored land banking elected not to require because of proximity of Bank to Granite City and parking availability Committee vote 5 -0 to forward to Plan Commission and on to City Council with a favorable recommendation S:/ PlanCommission/ Minutes /PlanCommission2010 /octl 4 ONE CIVIC SQUARE CARi11EL, INDIANA 46032 317 571 2417 Department Report, Angie Conn: Dept recommends approving the DP /ADLS item Dept recommends sending Ordinance Amendment on to City Council with a favorable recommendation Commission Questions /Comments: Existing Cross Easement Agreement for parking People will park at closest point between point A point B Internal circulation of site is a little challenging Directional Signage? Response, Paul Reis: Exiting the bank, then traveling east on 96 Street requires going to the west private drive to exit the site this traffic pattern was approved by Parkwood Crossing West hence, right in/right out The only way to go east is to first go right at the western drive by the parking garage Directional Sign Package not yet finalized Sign Package will be finalized and submitted prior to completion of construction Anticipation is that all signs will be exempt signs If signs larger than exempt, there is a Sign Package that applies to Entire Development and would be coordinated with Duke Motion: Jay Dorman "To forward Docket 10070000 OA, Parkwood Crossing West PUD Amend to City Council with a favorable recommendation and approve Docket No. 10070010 DP /ADLS, Parkwood Crossing West Lake City Bank (Outlot 2.) Motion was seconded by Woody Rider, approved 10 -0 J. New Business (None) K. Adjournment: 6:40 PM _j 0 ,00 R ona lfancock, Secretary S:/PlanCoramission/ Minutes /P1anCommission2010 /octl 9 �v Leo Dierckman, President ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 -571 -2417