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Home My WebLink AboutMinutes PC 11-16-10 x �1 Cit yofCaH:el J NDIAllp CARMEL PLAN COMMISSION TUESDAY, NOVEMBER 16, 2010 City Hall Council Chambers 2nd Floor, 1 Civic Square Carmel, IN 46032 6:00 PM Members Present: Jay Dorman, Brad Grabow, Judy Hagan, Nick Kestner, Steve Lawson, Woody Rider, Steve Stromquist, Sue Westermeier, Ephraim Wilfong Members Absent: Leo Dierckman, Heather Irizarry DOCS Staff Present: Director Michael Hollibaugh, Angie Conn; Legal Counsel John Molitor Also Present: Ramona Hancock, Plan Commission Secretary Minutes of the October 19, 2010 meeting were approved as submitted Legal Counsel Report, John Molitor: The defendant in the Johnson Drive Garage case has asked the Court for additional time to file his response to the Motion for Summary Judgment. It may be a couple of months before the Court would rule. Also, there is an Executive Session following the conclusion of the Plan Commission meeting in order to discuss strategy regarding initiating litigation. Department Report, Angie Conn: The first public hearing item, Docket 10110001 OA, R -4 District Setback Amendment, would require a suspension of the Rules of Procedure in order to hear this item. State Statute notice requirements were met, but not the Plan Commission's Rules of Procedure. Motion: Brad Grabow "To suspend the Rules of Procedure regarding the Plan Commission's Public Notice Requirement on Docket No. 10110001 OA, R -4 District Setback Amendment;" seconded by Woody Rider, approved 9 -0. H. Public Hearings x r 1. Docket No. 10110001 OA: R -4 District Setback Amendment. The applicant seeks to amend Chapter 10: R Residence District of the Zoning Ordinance in order to amend the setback requirements. Filed by the Carmel Department of Community Services on behalf 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 -571 -2417 of the Carmel Plan Commission. Present for Petitioner Adrienne Keeling, Department of Community Services. Overview: Purpose of Amendment is to bring flexibility to the setbacks in R -4 and Keystone Overlay Proposal also includes changing title of Keystone Avenue to Keystone Parkway Overlay Zone Ordinance currently requires a 30 -foot building setback in the front yard Proposal would change the 30 -foot building setback to a build -to line with a range of Zero feet to 30 feet, subject to recorded utility easements Setbacks in the zoning ordinance run from the Thoroughfare Plan proposed right -of -way and not the actual right -of -way Another stipulation of the zero to 30 feet is that "no additions to existing buildings should be constructed which are less than 30 feet from the property line" The Keystone Overlay Zone title will change throughout to Keystone Parkway Overlay Zone the 30 foot residential setback will be eliminated; the 120 foot setback for business, industrial, and manufacturing districts will be kept in place The landscape buffer zone previously required at 30 feet will be kept at a continuous 30 feet in the whole corridor for business, industrial, and manufacturing to allow some flexibility and to go along with the proposed changes The petitioner requested that this item be sent to the Subdivision Committee. No Public Remonstrance; Public Hearing Closed The Commission requested that the Dept Staff bring examples of existing R -4 properties that would be impacted or potentially affected by this proposal for the Subdivision Committee to review on Tuesday, November 30, 2010. Old Business 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. Also present: Bill Armstrong, property owner. Overview: Petitioner appeared before Special Studies Committee November 3, 2010 for review Property located just south of West Carmel Marketplace Mr. Armstrong owns approximately 3 '/2 acres Petitioner is requesting approval to extend Walnut Creek Drive from the north to the right -of -way of 98 Street in order to make the frontage road a rear access road connection as per the US 421 Michigan Road Overlay Zone Currently only entertaining infrastructure for the access road drainage, utility re- location for power 3 j poles, and INDOT right -in only connection on Michigan Road Development will be on the two lots along the frontage of Michigan Road with the remainder parcel to 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 -571 -2417 .p� the rear Driveway petition is pending with INDOT The recorded plat for West Cannel Marketplace was shown the recorded plat at the time Duke developed West Carmel Marketplace Mr. Armstrong owns Block 1-1 The access drive-40 foot wide easement was pointed out The easement stops at property that is contiguous with property owned by Mr. Armstrong The petitioner strongly believes that in order to account for the frontage road the requirement of the US 421 Overlay —the plat shows that intent Comments, Bill Armstrong: As a result of objections presented by our neighbor and owner of West Cannel Market Place at public hearing and subsequent e- mails, we are convinced that our neighbor will attempt to oppose the extension or extract a substantial consideration to grant its permission. As requested by the Special Studies Committee, we (petitioner) are asking that the Plan Commission exercise its legal rights under Carmel Zoning Ordinance 23C: US 421 Michigan Rd Corridor Overlay Zone to provide for the unobstructed and uncompensated extension of Walnut Creek Drive Special Studies Committee Report, Jay Dorman: Committee unanimously supported extension of Walnut Creek Drive Commission Comments: Disappointment that a representative of Casto was not in attendance West Carmel Marketplace (Duke) should have completed the paving to the property line upon completion of the Center Alt Petitioner is offering to complete at no cost to Casto, yet they want compensation This is bad business practice Goal is to approve this proposal The unfinished portion of the road is outside Mr. Armstrong's property Will this be a private road pr dedicated? Further Dept Comments, Angie Conn:. There are certain City standards for streets' most likely, the frontage road has not been built to City standards something to consider if the petitioner want to dedicate to the City. Brian Cross said the petitioner would look at the engineering requirements for the road separately. The petitioner would be willing to do whatever is required. Brian Cross: If the question is Would Mr. Armstrong be willing to grant a portion of Walnut Creek Drive from 98 Street right -of -way through his property—as he can legally do —to the City of Carmel as public road? Mr. Armstrong is for certain willing to build to current City Engineering standards. Jay Dorman: Engineering standards should be considered separately. "The City of Carmel and Carmel Plan Commission believe that it is in the best interest of the Community and the health, safety, and welfare of the general public, that we approve the extension of Walnut Creek Drive and Mr. Armstrong's ability to complete the area known as "the triangle" that Duke, the former owner, should have tt completed, and that the current owner also should have completed; furthermore, the pro -rata share of any 4.„ construction, engineering, legal work, and street location of any utility be pro -rata billed back to the current owner, Casto, including any direct or indirect expenses, and that at Mr. Armstrong's discretion, those expenses will be billed back. Furthermore, going forward for maintenance, Mr. Armstrong will take care of all 3 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 571 -2417 maintenance or what may ever be required from the southern portion of the triangle to the south, and that the Casto company would be responsible for the southern portion southern line —of the triangle, everything to the north, including the triangle." The motion was seconded by Brad Grabow and approved 9 -0. 2. Docket No. 10040014 OA: Patch Ordinance VIII (City Council Ordinance Z- 543 -10). The applicant seeks to amend Chapter 3: Definitions; Chapter 23B: US Highway 31 Corridor Overlay Zone; Chapter 23C: US Highway 421 Michigan Road Corridor Overlay Zone; Chapter 23D: Old Town District Overlay Zone; Chapter 23E: Home Place District Overlay Zone; Chapter 23F: Carmel Dr.- -Range Line Rd. Overlay Zone; Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage, Chapter 25: Additional Use Regulations; Chapter 25.07: Signs; Chapter 27: Additional Parking Loading Regulations and Chapter 29: Administration of the Carmel Zoning Ordinance. Filed by Carmel Dept. of Community Services on behalf of the Carmel Plan Commission. Present for Petitioner: Adrienne Keeling, Dept of Community Services Overview: Reviewed at Special Studies Committee Proposed Changes are highlighted Changes are more for clarification Committee Report, Jay Dorman: Highlighted portions gone over at Committee Committee unanimously approved proposed changes Ready to vote and forward to City Council 0 1, Commission Comments /Questions: Display of permit license does not seem to be part of zoning ordinance purview Language is broad and probably not a problem Dept Response, Adrienne Keeling: Display of permits is typical Specified for building permits as well Display of license and permits was added based on concern with food stands Health Dept approvals Visual display also helps Code Enforcement Special Events Festivals are usually either on City property or within the right -of -way and handled through the BPW; proposal is only for private property Motion: Sue Westermeier "To forward Docket No. 10040014 OA, Patch Ordinance VIII (City Council Ordinance Z- 543 -10) to the City Council with a favorable recommendation;" seconded by Woody Rider, approved 9 -0. 3. Docket No. 10050001 OA: Appendix A Amendment (City Council Ordinance Z- 543 -10). The applicant seeks to amend Appendix A: Schedule of Uses of the Zoning Ordinance. Filed by the Carmel Depai tment of Community Services on behalf of the Carmel Plan Commission. Present for Petitioner: Adrienne Keeling. Overview: Appendix A should have been coupled with the Patch Ordinance VIII 4 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 571 -2417 Motion: Steve Stromquist "To forward Docket No. 10050001 OA, Appendix A Amendment (City Council Ordinance Z -543 -10) to City Council with a favorable recommendation;" seconded by Woody Rider, approved 9- J. New Business 1. Docket No. 10070004 OA: Carmel Dr -Range Line Road Overlay Sunset Amendment (as amended under City Council Ordinance Z- 544 -10). The applicant seeks to amend the Zoning Ordinance Chapter 23F: Carmel Drive -Range Line Road Overlay Zone in order to remove the sunset clause. Filed by Carmel Dept. of Community Services. Present for Petitioner: Adrienne Keeling, Dept of Community Services Overview: Docket previously sent to City Council Council made an Amendment and returned to Plan Commission Original proposal would have completely deleted Sunset provision (expiration date) Council amended Ordinance to extend for one more year— December 2011 Discussion at Council and Committee was concern regarding second story requirement Motion: Susan Westermeier "To forward Docket No. 10070004 OA, Carmel Drive -Range Line Road Overlay Sunset Amendment to City Council with a favorable recommendation;" seconded by Steve Stromquist, approved 9 -0 2. Docket No. 1 OA: Old Town Overlay Demolition Sunset Amendment (as amended under City Council Ordinance Z- 545 -10). The applicant seeks to amend the Zoning Ordinance, Chapter 23D: Old Town District Overlay Zone in order to remove the sunset clause on the process for demolition approvals in the Overlay. Filed by the Carmel Department of Community Services. Present for Petitioner: Adrienne Keeling, Dept of Community Services Overview: Council voted to amend the Ordinance to extend to 2011 Motion: Brad Grabow "To forward Docket No. 10080017 OA, Old Town Overlay Demolition Sunset Amendment to the City Council with a favorable recommendation seconded by Steve Lawson approved 9 -0 K. Adjournment at 6:40 PM t P jay Orman, President pro tem J •r R. ona Hancock, Secretary 5 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 -571 -2417