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HomeMy WebLinkAboutMinutes PC 01-19-11V`P4A of CA THE AOR TOMO W /NDIANp City of Carmel CARMEL PLAN COMMISSION JANUARY 19, 2011 City Hall Council Chambers, 2nd Floor One Civic Square, Carmel, IN 46032 6:00 PM Members Present: Leo Dierckman, Jay Dorman, Brad Grabow, Judy Hagan, Nick Kestner, Steve Lawson, Kevin "Woody" Rider, Ephraim Wilfong. Members Absent: Heather Irizarry, Steve Stromquist, Susan Westermeier DOCS Staff Present: Director Michael Hollibaugh, Angie Conn; Legal Counsel John Molitor. Also Present: Ramona Hancock, Plan Commission Secretary Election of Officers: Jay Dorman was elected President by Unanimous Consent Steve Stromquist was elected Vice President by Unanimous Consent Ephraim Wilfong was elected to serve as appointment to the Board of Zoning Appeals Leo Dierckman was elected to serve as appointment to the County Plan Commission Kevin "Woody" Rider was elected Member -At -Large by Unanimous Consent The Minutes of the December 14, 2010 meeting were approved as submitted Legal Counsel Report, John Molitor: The Motion for Summary Judgment in the pending litigation with Ryan Lewis, filed by the Plan Commission and neighboring homeowners, has been granted by the Court—we are now waiting to see whether Mr. Lewis or his attorneys may file an appeal or motion to correct errors; essentially we have won the case. Point of Information: John Molitor has been working with a committee of the State Bar Association regarding clean -up amendments to Indiana's planning and zoning Statute contained in House Bill 1311; Plan Commission members are invited to track this item. Department Announcements, Angie Conn: The following items are tabled for this evening: Items 2 and 3 for Legacy PUD, Turkey Hill Minit Market Gas Station, and Item 4, PetSuites Note: Judy Hagan and Jay Dorman asked to address the Commission this evening —this will be accomplished under New Business. S:/ P1anCommission/ Minutes /P1anCommissionMinutes/PC Minutes 2011/PC -2011 jan19 WWW.CARMEL.IN.GOV ONE CIVIC SQUARE, CARMEL, INDIANA 46032 (317) 571 -2417 H. Public Hearings Docket No. 10110011 DP /ADLS: The National Bank of Indianapolis (former Burger King site). The applicant seeks site plan and design approval for a 4,000 sq. ft. bank building. The site is located at 613 E. Carmel Dr. and is zoned B-8/Business. Filed by Charlie Frankenberger of Nelson Frankenberger. Present for Petitioner: Charlie Frankenberger, attorney, Nelson Frankenberger; Mickey Maurer, President, The National Bank of Indianapolis; Jon Dobosiewicz, Nelson Frankenberger; Diana Brenner, Brenner Designs; Alan Fetahagic and Tim Jenson, American Structurepoint. Overview: Site is located on the south side of Carmel Drive and is the former Burger King restaurant Bank would like to re- develop site for a bank branch Petitioner is seeking approval from Plan Commission for DP /ADLS and approval from BZA for development standards variance pertaining to signage The request to BZA for signage will be presented February 28"' Landscape exhibit displayed —complies with all requirements Building is oriented to face Carmel Drive Drive -thru is located to the rear of the building and not visible from the street Building architecture is up -scale and will enhance character of Carmel Drive National Bank of Indpls founded 1993 with focus on personal service, local ownership, community involvement As indicated in the Dept Report, consideration is requested for suspension of the Rules of Procedure and final vote this evening Public Remonstrance: None Department Comments, Angie Conn: Petitioner has addressed all outstanding comments Request suspension of Rules of Procedure Dept recommends a favorable vote this evening Commission Members Comments /Questions: National Bank of Indy has a great reputation in the State builds high quality buildings Favor suspending Rules of Procedure Safe Pedestrian access needs to be incorporated from front door of bldg to sidewalk along Carmel Drive Acorn lights are not really functional as far as lighting and only pollute the sky Very few trees in landscape plan —would like to see larger trees planted How was the number of parking spaces computed —what classification used? Bike racks? Sign package is very attractive and consistent with other National Bank of Indy signage; however, handicap parking signs are 6 or 7 feet tall and take away from the aesthetics of the bldg Request actual pedestrian access be straight -in to the front door from the path and clearly marked Pedestrian access could be raised slightly and possibly slot the parking spaces along the side Note: As a condition of approval, the petitioner agreed to revise the pedestrian access to elevate slightly and stripe, S:/ P1anCommission/ Minutes /P1anCommissionMinutes/PC Minutes 2011/PC -2011 jan19 2 WWW.CARMEL.IN.GOV ONE CIVIC SQUARE, CARMEL, INDIANA 46032 (317) 571 -2417 making it clearly visible. The acorn lights should not be a significant light pollution problem, since they are decorative rather than functional, and not intended to illuminate the parking lot. The trees and landscape plan have been fully approved by the Urban Forester —the trees at planting are between one and one -half, and two -inch calipera standard of the ordinance. Bike racks are already included in the design plan. The height of the handicap signs complies with ADA requirements. Motion: Woody Rider "To suspend the Rules of Procedure in order to vote on this item this evening;" seconded by Leo Dierckman with the condition of approval to include pedestrian access. Motion approved 8 -0. Motion: Brad Grabow "To approve Docket No. 10110011 DP /ADLS, The National Bank of Indianapolis, with the condition of commitment for a pedestrian access path to the front door;" seconded by Leo Dierckman. Motion approved 8 -0. 2 -3. TABLED TO FEB. 15: Docket No. 10110012 DP /ADLS: Legacy PUD Turkey Hill Minit Market The applicant seeks site plan and design approval for an automobile fuel station, retail store, and carwash. The applicant also seeks the following zoning waiver approval: Docket No. 10110013 ZW: Section 9.02, Legacy PUD ordinance Z- 501 -07, maximum 15 -ft front yard building setback. The site is located at 7729 E. 146"' St. and is zoned PUD /Planned Unit Development. Filed by Charlie Frankenberger of Nelson Frankenberger. 4. TABLED TO FEB. 15: Docket No. 10110014 DP /ADLS: PetSuites 5. Docket No. 10120002 PP Amend: Replat of North Augusta, lots 20 29A The applicant seeks primary plat amendment approval to create 5 lots from 2, on 3.14 acres. The sites are located at 3802 W 96"' St. and 9640 N. Augusta Dr. They are zoned B -5 and B-7/Business, within the US 421 Michigan Rd. Overlay Zone. Filed by William Niemier for Sand Capital IX, LLC. Present for Petitioner: William Niemier, in -house attorney for Sand Capital IX, a subsidiary company of Sandor Development Company; Andrew Miller, Weihe Engineers.. Overview: Sandor Development owns /operates retail centers in 26 states throughout the country Sandor has recently expanded beyond retail Petitioner seeks approval to create 5 lots on the 3.14 acre site Subject property was purchased by Sandor through a very contentious bankruptcy proceeding Subject property consists of four office buildings Lots 20 and 29A currently exist as two parcels, the second of which contains three office building; the first parcel contains a law office building near 96"' Street Parcels are located at the northwest corner of 96"' Street and North Augusta Drive The only parcel being created that is not occupied with an existing bldg is parcel 4 If the re -plat is approved, parcel 4 will be subject to a 40 -foot setback from North Augusta Drive due to the Overlay Zone requirements The petitioner acknowledges that any future structure on parcel 4 may need variances Immediately upon taking ownership, Sandor Development paid over $350, 000 in unpaid real estate taxes, S:/ P1anCommission/ Minutes /P1anCommissionMinutes/PC Minutes 2011/PC -2011 jan19 3 WWW.CARMEL.IN.GOV ONE CIVIC SQUARE, CARMEL, INDIANA 46032 (317) 571 -2417 over $9,000 in sewer liens, and resolved condemnation proceedings that had been pending for 3 years Technical Advisory Committee requested sidewalk installation along 96 Street and the petitioner has agreed to install a 5 -foot wide sidewalk along 96 Street Since the petitioner has addressed all concerns, he is requesting suspension of the Rules of Procedure and a final vote this evening without Committee review Public Remonstrance, General/Unfavorable Javid Rastegar, speaking on behalf of his father Majid Rastegar, 3714 West 97 Street, designer, builder, and former owner of both parcels located at 3802 West 96 Street and the 9640 and 9650 buildings known as Majestic Plaza. Mr. Rastegar does not understand how the petitioner can subdivide the property into 5 parcels without maintaining the 3 -acre standard that everyone else is held to. Consideration should also be given to a potential parking nightmare; drainage and inner- connectivity of utilities should also be a consideration. Three years ago, Majid Rastegar had inquired about subdividing and was told it was not possible. Majid Rastegar is opposed to subdividing the Majestic parcel. If the current petition is approved, Mr. Rastegar would like for other property owners in the area to be given equal and fair rights to convert their one -acre parcel property into commercially zoned property as well. Public Hearing Closed Rebuttal, Mr. Niemier: The 3 -acre standard was modified by the remonstrators themselves when they platted the property into two existing parcels. The petitioner does not believe that further subdividing is an issue. Parking is addressed through creating out -lots, reciprocal parking agreements, access /maintenance agreements, etc. so that all properties enjoy parking areas. DOCS Comments, Angie Conn: The 5 lots will be a little over one acres in size and they are zoned Business in keeping with the 421 Overlay Requirement The 421 Overlay also states that after a Development Plan is approved, it can be parceled or broken into smaller tracts of land that are owned by different individuals There are a few minor, outstanding issues the sidewalk, and detention/water quality; these will be reviewed at the Secondary Plat phase which is administrative review. Dept recommends forwarding this item to the Special Studies Committee on February 1S with authority for final voting Not personally aware of the history given by Mr. Rastegar, but can look into it and report at Committee Commission Questions /Comments: Re- platting is a pretty standard process —the history may not make any difference--either this meets the requirements for a re -plat or not, and it appears that it does—nothing to debate relative to this issue How will the maintenance be shared across potentially 5 different property owners so that lack of performance by any one of them does not detract from the property value? Public safety is a concern Legal Counsel Comments, John Molitor: The Overlay Zone requires that a Development Plan should contain a minimum of 3 acres If the property does not have some sort of exemption, the developer would need to come forward with a plan that covered at least 3 acres Motion: Woody Rider "To forward Docket No. 10120002 PP Amend, Replat of North Augusta, lots 20 and 29A to the Special Studies Committee with full authority to approve and take no further action, or return this Docket to S:/ P1anCommission/ Minutes /P1anCommissionMinutes/PC Minutes 2011/PC -2011 jan19 4 WWW.CARMEL.IN.GOV ONE CIVIC SQUARE, CARMEL, INDIANA 46032 (317) 571 -2417 the next Plan Commission meeting;" seconded by Brad Grabow, approved 8 -0 6. Docket No. 10120003 OA: Park Place PUD Ordinance Amendment The applicant seeks approval to amend Section 5. Le of Ordinance Z- 526 -09 Z- 500 -06 for Park Place Planned Unit Development in order to amend the breakdown of unit types. The site is located northeast of 116"' St Guilford Rd and is zoned PUD /Planned Unit Development. Filed by E. Davis Coots of Coots Henke Wheeler for Greystone Communities, Inc. Present for Petitioner: Dave Coots, Coots Henke Wheeler, 255 East Carmel Drive, for Greystone Communities, Inc.; Mark Sheegan, Vice President of Development, Greystone Communities Overview: Property re -zoned in 2006 to Park Place PUD As part of PUD process, unit mix of uses was established per the PUD Ordinance Commitments made by Developer regarding the density Matrix distributed outlining the original unit mix, what was amended under the First Amendment by the current owner/developer—Greystone Development, and what is proposed. With the change in economy, there have been a number of factors that have impacted the speed with which the potential resident community is able to move into Continuing Care Retirement Communities: Price of Homes, ability to sell, ability to make the commitment under the circumstances that a CCRC functions, and the fact that the population the facility attracts is aging. The number of independent living units is being reduced from 171 to 141, and the number of units that are assisted living, memory support assisted living, and skilled nursing is being increased. Included in the application for amendment of unit mix is the request that the PUD Ordinance give the Dept ability to approve anything within a 10% adjustment Petitioner requests suspension of the Rules of Procedure and a final vote this evening Public Remonstrance, General/Unfavorable: John Neeley, property owner of the previous Duke Energy building at 116"' and Guilford, asked for a continuance to allow time to evaluate the project—Mr. Neeley said he did not receive notice of the public hearing. Exhibit shown on Website is different than shown in the PUD concern is lighting, landscaping and how it might affect buffering between the two buildings— wanted to ensure that the buffering would be maintained and not have any adverse effects Todd Cocinos, Townhomes at Guilford, HOA President; the HOA Board stands ready to meet with the petitioner at any time if there is any information that they would like to pass along as far as any on -going activity. As a resident of the Townhomes, changes have been seen in the area of a transient nature —not necessarily bad, but more traffic, more noise, etc. with the apartments being constructed next door versus the townhomes originally planned. With the conversion of land to a retirement community, these things wear on you when the long term effect is anticipated —there will be ambulance vehicles, sirens, etc. it will S:/ P1anCommission/ Minutes /P1anCommissionMinutes/PC Minutes 2011/PC -2011 jan19 5 WWW.CARMEL.IN.GOV ONE CIVIC SQUARE, CARMEL, INDIANA 46032 (317) 571 -2417 be interesting to hear what the developer is anticipating. Marnin Spigelman, 11816 Harvard Lane, Carmel. The Park Place PUD was first presented to Council in late 2006. In early 2007, Mr. Spigeleman presented 435 individual petitions to City Council against this project. There were various reasons why people were concerned; one is that it was a site that had been made into a wetland created by Cinergy approximately 50 years ago. Despite amendments made to the original project the consideration of the neighborhood populace was noise, pollution, and heavy traffic on two -lane Guilford Road the Towns of Guilford, Lenox Trace, and Guilford Reserve are all on Guilford and surrounded completely by commercial property. Since approval by Council, the apartment homes have been approved as well as the Auto Truck Repair—an area that the Mayor said would not be a commercial area. Also, the Duke Energy Parcel between the Auto /Truck Repair and Park Place has an electronic grid that supplies energy to the area. It is known that energy grids create energy waves that are dangerous to the health welfare of people. At that time, the assisted living facility was to be located close to the grid. Mr. Spigelman further commented that the Plan Commission and City Council have basically buried these three townhome developments amidst on- going, commercial properties —enough is enough! To increase assisted living space and nursing space by 20 units means much more traffic noise, more ambulance possibilities, more visitation traffic, certainly much more pollution and noise. Mr. Spigelman hoped the Commission would resolve this matter for the people who live in the immediate area. The more commercial piled into this area, the worse it becomes for property values in the area. The City must finally favor the people. Rebuttal, Dave Coots: The sign for this meeting was posted on the property in a timely fashion and next to the existing sign announcing the coming of this development as "The Barrington." Mr. Neeley is not an adjacent property that would receive notice necessarily. The County Auditor's list of adjacent property owners who would receive notice of this public hearing does not contain Mr. Neeley's Truck and Auto Repair business. The purpose of the petition before the Plan Commission is not to modify landscaping, not to change the development plan, and it does nothing to what has already been approved by this Plan Commission; the developer could apply for permits and start building tomorrow. However, the unit mix that was approved within the PUD Ordinance is not what this developer believes is in the best interest of the project. The developer is reducing the independent living number by 30 units. The issue regarding noise, pollution, etc. is not germane to the unit mix adjustment, since the project has already been approved as it was —the developer is reducing the total number of units by 2 versus what could be built today. The petitioner would be more than happy to provide /share information to the homeowners group, advise them of the progress of construction, etc. There is a sales office in the Equicor building across Guilford from this site that is staffed daily. This proposal is not an amendment to this site plan that would affect wetlands; it has all been engineered, approved by the Department, and approved by the Plan Commission. The petitioner is merely requesting an adjustment in the unit mix and does not necessarily permit a remonstrance to stop the project or start all over. Commission Questions /Comments: Parking Standards now defined more clearly for assisted living facilities from a few years ago Under the current, City Ordinance and not this particular PUD, would the change in unit mix affect the parking requirements? Is the intent to establish a new number of total units? (Yes -261 units) The info booklets should be S:/ P1anCommission/ Minutes /P1anCommissionMinutes/PC Minutes 2011/PC -2011 jan19 6 WWW.CARMEL.IN.GOV ONE CIVIC SQUARE, CARMEL, INDIANA 46032 (317) 571 -2417 amended to reflect that proposed change Landscaping should not be a negative factor. The new mix will actually reduce traffic and the number of vehicles entering /exiting the site on a daily basis. The reality is that people in independent living units will keep their vehicles but will not drive them —also, people do not tend to visit loved ones in assisted living or nursing home facilities. The economy has changed about every aspect of our lives —the needs, and almost every business that we are involved in; the traffic in the facility will go down. Members of the HOA should get with Mr. Coots and ask questions for a better understanding of the proposal. People fear what they do not know. DOCS, Angie Conn: "The Barrington," part of Park Place PUD, has its own parking requirements. The proposed change in unit mix would not affect the PUD parking requirements. If the City's Ordinance for parking standards was applied to the change in unit mix in the PUD, it would reduce the number of parking spaces required. Motion: Leo Dierckman "To suspend the Rules of Procedure," seconded by Woody Rider. Clarification: The new baseline becomes 261 the 10% variance does not affect 10% of the 261 up or down —only the internal mix of 261. Dave Coots: The number would not exceed 261, but the number of independent living may go down 10% and another category would take its place. Dept Comments, Angie Conn: The Department looks favorably upon the request of the petitioner The Dept also asks that the petitioner include text to permit varying the unit mix up to 10% to alleviate returning to the Plan Commission Brad Grabow suggested allowing the PUD Ordinance to be amended with respect to the parking requirement to the extent that the mix change would permit a reduction in the number of parking spaces and still have the maximum amount of greenspace and not creating unnecessary parking spaces up front. DOCS, Angie Conn commented that the petitioner could look at land -bank parking if the unit mix were to go up substantially and additional parking is needed. This would need to be examined closely to ensure compliance with the PUC Ordinance Woody Rider passed along some comments from City Council members there was some discomfort with the ability to change the 10% in the PUD. The vote to suspend the Rules of Procedure was 8 in favor, none opposed Motion: Brad Grabow "To send Docket No. 10120003 OA, Park Place PUD Ordinance Amendment to the City Council with a favorable recommendation, with the clarification that the formula based parking requirement is permitted to adjust with the change in unit mix;" seconded by Woody Rider, approved 8 -0. S:/ P1anCommission/ Minutes /P1anCommissionMinutes/PC Minutes 2011/PC -2011 jan19 7 WWW.CARMEL.IN.GOV ONE CIVIC SQUARE, CARMEL, INDIANA 46032 (317) 571 -2417 Old Business --None J. New Business Judy Hagan addressed the Commission regarding a future project a PUD application for a development located at the southeast corner of 116 h Street and Spring Mill Road, commonly known as the Pittman property. At this time, all four corners of the intersection are in play in some way or another, and all Plan Commission members should be aware of that. A church is anticipated on the southwest corner, an additional building anticipated from Clarian Health, and anticipated building on the northwest corner. The Comprehensive Plan calls for a special study of the Pittman property and a portion of the Clarian property; apparently that has not yet been undertaken. With all four corners active, there will be a huge impact, but it is also a huge opportunity to do something well and special. There are a number of expectations and ordinances that would apply to this area, including the Spring Mill Road Amendment, the Illinois Street Ordinance, the US 31 Overlay, the US 31 Corridor Study, the retail needs study, the 116 h Street Overlay, etc, etc., etc. Thanks in advance for your special attention and focus on making certain that we are looking at this comprehensively as we go forward with road cuts, etc. We need to look at this with the big picture in mind. Jay Dorman addressed the Commission, thanked them for the opportunity to serve the Commission and the citizens of Carmel, and offered each member encouragement to speak up, offer comments, and ask questions. Committee assignments are in process. K. Adjournment at 7:25 PM Jay Dorman, President Ramona Hancock, Secretary S:/ P1anCommission/ Minutes /P1anCommissionMinutes/PC Minutes 2011/PC -2011 jan19 8 WWW.CARMEL.IN.GOV ONE CIVIC SQUARE, CARMEL, INDIANA 46032 (317) 571 -2417