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HomeMy WebLinkAboutMinutes PC 01-18-05 ' fc el C ty 0 I arlll CARMEL PLAN COMMISSION JANUARY 18, 2005 Minutes The regularly scheduled meeting of the Carmel Plan Commission met at 7:00 PM in the Council Chambers of City Hall, Carmel, Indiana. The meeting opened with the Pledge of Allegiance. Members present: Jerry Chomanczuk; Leo Dierckman; Dan Dutcher; Wayne Haney; Mark Rattermanmn; Rick Ripma; Steve Stromquist; Susan Westermeier. Jon Dobosiewicz and Adrienne Keeling attended the Commission meeting on behalf of the Department of Community Services. John Molitor, Legal Counsel was also present. The minutes from the December 14, 2004 meeting were approved as submitted. Fe Legal Counsel Report: John Molitor will be monitoring legislation at the State House that may affect this Plan Commission. One Bill allows for additional flexibility in Plan Commission procedures. Go Department Report: Jon Dobosiewicz reported no additions or deletions for the Agenda this evening. The City Council has suggested a new start time of 6:00 PM for their meetings. Leo Dierckman encouraged the Plan Commission members to submit comments to Jon Dobosiewicz regarding a like time change for Plan Commission meetings. He Swearing-in of New Members, Elections, and Appointments: lh. Swearing-in of New Members/Introduction - Not Applicable 2h. Election of President- Leo Dierckman by Unanimous Consent 3h. Election of Vice-President- Dianna Knoll by Unanimous Consent 4h. Election of Member to Board of Zoning Appeals- Madeleine Torres by Unanimous Consent 5h. Election of Member to Hamilton County Plan Commission- Wayne Haney by Unanimous Consent 6h. Election of Member-at-Large- Dan Dutcher by Unanimous Consent Note' Anyone wishing to change his committee assignment or anyone having comments/input should contact Jon Dobosiewicz by tomorrow, since Committee packets will be going out Friday. S 5PlanCommission\Minutes\PCMinutes\2005\PC-2005j an 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Io Public Hearings' li. Docket No. 04080056 PP: Villas at Morgan's Creek- Primary Plat (Public Hearing on Subdivision Waiver 05120002 SW Only) The applicant seeks to plat a residential subdivision of 12 lots on 6.39~. acres and seeks the following subdivision Waivers' Docket No. 05120002 SW' SCO 6.05.08- Perimeter Lots Docket No. 04080057 SW' SCO 6.03.07- Street Layout & Design Standards The site is located at 14309 Gray Road. The site is zoned S 1/Residence. Filed by Adam DeHart of Keeler Webb Associates for Covenant Group, LLC. Note: The Public Hearing is for Subdivision WaiVers Only~the Primary Plat has already received public heating and Subdivision Committee review. Adam DeHart, project manager for Keeler Webb Associates, 486 Gradle Drive;Carmel appeared before the Commission representing the applicant Jerry Corbier, president of Covenant Group and property owner was also in attendance' . Certain modifications were made to the perimeter lots that abut Woodfield Subdivision that would affect lots one through four, 5, 6, 7, and 8, since they are bounded on the south and east by Woodfield Subdivision. The modification in the plan has resulted in the loss of one lot and the proposed subdivision is now for 11 lotS., rather than 12. The perimeter of the subdivision lots has been increased in size to an excess ofl 5,000 square feet. The waiver for the perimeter lots is simply t° waive the restrictions of the lot frontage from the front, side, and rear yard setbacks that were negotiated with the neighbors. The waiver from street layout and design standards is for the length of the cul-de-sac, slightly more than 700 feet, that will allow access to the east side of the Creek and access for lots 5, 7, and 8. A 600-foot cul-de-sac wouldPlace a cul-de-sac too close to the bridge structure in the floodway and would also necessitate taking out more trees in the floodway. The layout accommodates 20% open space via a large space along the existing Mitchner legal drain. The detention pond has been moved to the north so that now, there are two small grassy swales that will function as erosion/sediment control and dry detention. The other common area is along the creek to the south. The tree preservation plans and landscape plans are now in compliance with comments made by the City Urban Forester. The setbacks for the front and side load garages were discussed and agreed to by the Woodfield Subdivision. Additionally, the side yards have been reduced to a 5 foot and 12 foot aggregate and the rear yard has been reduced to 15 feet. The setbacks allow the villa-type homes to be off- set on the lots so that the homes can have side and rear courtyards connected to the home by fencing and landscaping. S :~PlanCommission\Minutes\PCMinutes\2005\PC-2005j an 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Adam DeHart reported that Woodfield HOA had expressed concern regarding drainage and the HOA had appointed a point person to be kept "in the loop" of the permitting process for the Villas. All information regarding the construction has been forwarded to the Woodfield HOA representative. Members of the public were invited to speak in favor or opposition to the Subdivision Waivers; no one appeared and the public hearing was closed. Department Comments, Jon Dobosiewicz. A brief synopsis was given of the three petitions.~ one for primary plat approval, the other two are for subdivision waivers. At this time, the Department is recommending the Commission consider a suspension of the Rules of Procedure to allow final action this evening. Dan Dutcher reported for the Subdivision Committee. The neighbors were agreeable to the accommodations offered by the Petitioner. As far as the overall project, there was significant discussion at the Committee level and the version before the Commission this evening is a significant improvement over the original version. The committee reviewed the revised layout of the lots, the elimination of the 12th lot, significant woodland preservation and enhancement, design accommodations, and the issue related to the cul-de-sac. The Committee voted 4-0 to recommend approval. Mark Rattermann made formal motion to Suspend the Rules of Procedure, seconded by Rick Ripma, approved 8-0. Mark Ratterman moved for approval of Docket No. 040800567 PP, Villas at Morgan's Creek, Primary Plat, Docket No. 05120002 SW, SCO 6.05.08 Perimeter Lots, and Docket No. 04080057 SW, SCO 6.03.07 Street Layout & Design Standards, seconded by Rick Ripma, APPROVED 8-0. 2i. Docket No. 04090008 DP/ADLS' Companion Animal Hospital The applicant proposes to construct a veterinary hospital. The site is located at 1425 South Range Line Rd. The site is zoned B-8/Business. Filed by Jim Shinaver of Nelson & Frankenberger for Dr. Buzzetti. Jim Shinaver, attorney, Nelson & Frankenberger appeared before the Commission representing the applicant. Also in attendance: Anthony Buzetti, DVM, Companion Animal Hospital; Sean Curran, Architect; Matt Maple, Engineer, Roger Ward Engineering. Dr. Buzetti has operated the Companion Animal Hospital at 180 East Carmel Drive for approximately 14 years. Due to constraints at the current facility, Dr. Buzetti must relocate his practice. Dr. Buzetti purchased the real estate located at 1425 South Range Line Road with the intent of relocating his facility. The property is north of 116th Street, east of and adjacent to Range Line Road; and north of the existing Marathon gas station at the northeast comer of 116th Street and Range Line Road. This S :\PlanCommission\Minutes\PCMinutes\2005\PC-2005j an 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 particular building has been vacant for some time and Dr. Buzetti would like to renovate and expand the existing building. The recently enacted Range Line Overlay Ordinance would not apply to this petition, since Dr. Buzetti filed his application for DP/ADLS approval prior to the adoption of the new Overlay Ordinance. However, based on numerous meetings with the planning staff, it is Dr. Buzetti's intention to comply with the "spirit and intent" of the new Overlay Ordinance to the degree that the site permits. Phase I will consist of renovating and expanding the existing structure and will also incorporate residential living quarters and office space on the second floor of the renovated building. In the future, if an owner of the real estate desired to expand the renovated structure further, Phase II of the redevelopment would require the land owner to expand the west elevation of the renovated building~so that the expansion would be adjacent to Range Line Road. Phase II future expansion is not required, however, if a future owner desired to expand, they would be required to expand in accordance with the Phase II proposed. Jim Shinaver went over the site plan, landScape plan, and building elevations for Phase I. The building, will consist of two stories and the building materials are primarily stone, cedar shake, redwood trim, and tinted glass. The building elevations are the result of reviewing the building material requirements of the new Overlay Ordinance and numerous meetings with the Department on the issue. The petitioner strongly believes that the building elevations will be consistent and compatible with the other development in this general area and should help foster the re-deVelopment that is occurring along the Range Line Road corridor. The building elevations for Phase II were referred to but not reviewed in detail. The intent behind the Phase II elevations is to show how the building would appear if and when the Phase II expansion occurs. If the Phase II expansion occurs, the western building elevation would be extended so that it would be adjacent to Range Line Road property line. The Phase II expansion would consist of the same building materials as Phase I and would be compatible with Phase I elevations. The lighting plan and ground sign were highlighted and can be gone over in depth at Committee. The are also variances associated with this request that will be heard by the Board of Zoning Appeals. However, it is the petitioner's underStanding that the Department Staff is in support of these variances. Jim Shinaver noted that there will be an eight (8) foot standard, wooden, shadow-box fence on the eastern portion of the site and elevations will be distributed at the Committee level. Finally, the City Engineer is in the process of confirming a 40-foot one-half fight-of-way. The petitioner realizes that if a full 45 foot one-half fight-of-way does not currently exist, he would be required to dedicate additional right-of-way to make up the difference and the petitioner is willing to do that. As soon as the engineers have confirmation of the exact width of the right-of- s :\PlanCommissionLMinutes\PCMinutes\2005\PC-2005j an 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 way, the petitioner will provide it to the Department and bring it with them to the Committee meeting. Members of the public were invited to speak in favor of or opposition to the petition; no one appeared and the public hearing was closed. Department Comments, Jon Dobosiewicz. The petitioner has done a sufficient job of addressing concerns listed in the Department Report. The Department recommends this item be forwarded to the Special Study Committee on February first. Mark Rattermann expressed some confusion as to whether or not the Commission will be approving a building as it is proposed--Phase I and Phase II--what are the ramifications if the second phase construction is approved now. Jon Dobosiewicz explained that if and when the petitioner returns with Phase II, if the building elevations were compatible with the first phase, that petition could be approved administratively by the Staff. If the plans were significantly different, they would have to return to the Plan Commission Special Study Committee for an ADLS amendment, he room addition will fasten itself in an ordinary way at the front of the building, however, the Committee will need to look at the elevations very carefully. Jerry Chomanczuk commented that the elevations would need to be looked at very carefully and its proximity to Range Line Road. Jerry Chomanzuk wondered why Phase II could not work better on the back of the building, unless there are drainage issues. Range Line Road looks better when there is a major setback to the main building. Another concem is whether or not there will be an outdoor kennel or outdoor mn associated with a kennel. Jim Shinaver responded that due to the adoption of the Range Line Road Overlay, the buildings are pulled closer to the Range Line Road property line. This can be explored in depth at the Committee level. Leo Dierckman heartily endorsed the petitioner's site selection. Docket No. 04090008 DP/ADLS, Companion Animal Hospital was referred to the Special Study Committee for further review at 7:00 PM on Tuesday, February 1, 2005 in the Caucus Rooms of City Hall. 3i. Docket No. 04110007 PP Amend - Woodgate Subdivision, Section 2, Block A The applicant seeks to replat part of Block A to create 1 lot. The site is located southeast of 146th Street and Carey Road. The site is zoned R-l/Residence. Filed by Dave Barnes of Weihe Engineers for L& W Construction. Dave Barnes, Weihe Engineers, 10505 North College Avenue appeared before the Commission representing the applicant. Jon Weisel, L & W Construction, owner of the tract was also in attendance. s :\PlanCommission\MinuteskPCMinutes\2005\PC-2005j an 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 The petitioner is seeking primary plat amendment to allow a re-plat of Block A in order to create one lot. Currently, there are tennis courts on the north side of the property and the owner would like to create a residential lot in order to construct a home comparable to the surrounding homes. There is existing frontage on the cul-de-sac and all utilities are in place. The owner has spoken with the surrounding homeowners and no one has expressed any concern, in fact, the adjacent homeowners would rather see a home than a tennis court on this site. The tennis courts are not used at all. Members of the public were invited to speak in favor of this petition; the following appeared' Public Remonstrance/Favorable Ben Bosch, 1382 Crooked Court, Woodgate Subdivision, adjoining the current site of the tennis courts, was in favor of re-platting the property for an individual home site. Department Report, Jon Dobosiewicz. The tennis court site was not a requirement of the plat approval such as many of the newer plats have in the form of open space or amenity areas. The notices were delivered to adjacent homeowners and in the absence of concern raised by those adjacent owners, if there are no additional issues that would be discussed at the Committee level, the Department would request that the Commission consider suspending its Rules of Procedure. Mark Rattermann asked the ownership of the site~is it an HOA, an individual ...... ? Jon Weisel, 14184 Woodfield Circle, stated that he and Robert Langston own the property. At the time of the original development, the tennis courts were installed along with the pool and clubhouse. The ownership of this lot is separate and apart from the recreational amenity. Jerry Chomanczuk commented that he would prefer this site be given back to the subdivision community in the form of open space, a park, arboretum, etc. Leo Dierckman responded that the development into a private residential lot was probably the best use~a lot of outdoor tennis courts are not used and have become mn-down and an eyesore. The Commission may be seeing a lot more of these in the future. Terry Gillis, 1255 Brookfield, Woodgate Subdivision, asked whether or not the pool would remain open in the future and how would this affect the pool. Mr. Weisel stated that the pool would continue to remain open, although there are no guarantees. Central Park will be developed and will contain a huge aquatic center and that may have an impact on neighborhood pools. Jerry Chomanczuk moved to suspend the Rules of Procedure, seconded by Mark Rattermann, Approved 8-0. s :\PlanCommission\Minutes\PCMinutes\2005\PC-2005j an 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Mark Rattermann made formal motion to approve Docket No. 04110007 PP Amend, Woodgate Subdivision, Section 2, Block A, seconded by Rick Ripma, APPROVED 8-0. 4i. Docket No. 04110034 DP/ADLS' Tom Wood Nissan The petitioner proposes a new commercial structure, parking, and signage. The site is located at 4150 East 96th Street. The site is zoned B3/Business. Filed by Lawrence Lawhead for Tom Wood Nissan. Larry Lawhead, attorney, Barnes & Thomburg, 11 South Meridian Street, Indianapolis appeared before the Commission representing the applicant. Also in attendance: Mike Hoff, Falcon Engineering, and Mike DeLay, DeLay Architects. The location of the dealership is east of Keystone Avenue, along 96th Street at the comer of Bauer Drive East. The parcel consists of 4.3 acres and is zoned B-3 as are all surrounding parcels in this area. The surrounding properties include the Harley Davidson Honda Motorcycle and the Honda Auto Dealership to the west; to the north is another Tom Wood parcel used for office/storage/ warehouse and other office uses. East of the site is the SBC office facility, and to the south is 96th Street, Marion County, The Precedent Office Park. The building is designed as a part of the "national branding concept" and look that has been developed by Nissan and used across the country. At the request of the Department, some modifications have been made. The front of the building is highlighted with a composite aluminum panel system. Glass panels are set off by extended aluminum lubre-system along with the pre-cast concrete wall panels. The wall panels are scored to give them a textured look and therefore there is some design to the panels. The textured look also softens the look. In addition, the walls are built in 8X8 inch groupings of glass blocks that will break up the walls. Mr. Lawhead said he would distribute pictures at Committee that might give a better idea of some of the features of the building. Underground detention has been included in the development plan and the civil engineer is present to answer any questions. The side buffer yard along Bauer Drive East has actually been expanded; a 1 O-foot area is required~l 5 feet is being provided to allow for buffering. The petitioner will be filing for a variance along the east property line to reduce the 1 O-foot side yard to 5 feet. There is a drainage swale area between the proposed site and SBC to the east that provides a large buffer area between the buildings that allows Mr. Wood to provide more than the minimum required buffer along Bauer Drive East. The dumpsters are located behind the building and screened in the back. A suggestion was made by an adjoining property owner for the petitioner to contact SBC regarding the possibility of a cross-easement to allow access to 96th Street. The petitioner is in S :\PlanCommissionXaMinutes\PCMinutes\2005~PC-2005j an 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 the process of contacting SBC to see if this is a possibility. The proposed signage was attached to the ADLS application, copy of which was submitted to the Commission members. However, the printer did not include tab 11 and this has now been rectified. The Ordinance allows for two signs; one, 105 square-foot sign along Bauer Drive East, and a 95 square foot sign along 96th Street, for a total of 200 square feet. The variance request will be to allow 5 signs with total square footage of 116 square feet or 84 square feet less than if Mr. Wood had put two large signs on the building. The variance request will be before the BZA after the Plan Commission has reviewed the Development Plan. Signs being requested are as follows. An 8.75 square foot sign centered over the two doors for "Service." The Nissan logo at 29.2 square feet; the Nissan red sign at 27.3 square feet; Tom Wood, white, at 17.5 square feet; and a 33.5 square-foot monument sign at the comer of the lot at 96th Street and Bauer Drive. Transport vehicles delivering cars will have a turning radius adequate to allow them to come onto the site, unload the cars, and then exit via 96th Street or Lakeshore Drive. The lighting plan is not in compliance with the Ordinance and is being revised. The revised plans should be submitted to the Department in time for review prior to the Special Study Committee meeting. The HVAC screening at the top of the building~Mr. Wood agrees that the work is to be completed and will be performed. The design was part of the plans, and the implementation is to be completed in the early spring. The HVAC screening is in the process. Members of the public were invited to speak in favor of the petition; no one appeared. Members of the public were invited to speak in opposition to the petition; the following appeared: Remon str an c e/Un favor ab le: Marc Goldman, 3805 Boine Circle, Briar Lane Estates, (north of Penske) addressed the Commission. One problem in granting these approvals is the consequences of their operation. Mr. Goldman submitted a letter to the Commission members and a petition signed by the residents of Briar Lane Estates. The letter refers to traffic generated from test drives by dealerships into a residential neighborhood. In effect, Mr. Goldman urged the dealerships to conduct their test drives on commercial properties rather than residential areas with children at play, mail delivery, pedestrian traffic, etc. Mr. Goldman also objected to the proposed route the car carriers would take onto Lake Shore Drive that is not built to accommodate heavy transport vehicles. Mr. Goldman suggested that car carriers be limited to the use of Bauer Drive only. Leo Dierckman encouraged Mr. Goldman to attend the Committee meeting. Rebuttal' Mr. Lawhead said there are other dealerships in the area and Tom Wood had made a s :\PlanCommission\Minutes\PCMinutes\2005\PC-2005j an 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 commitment with Lexus, Volkswagen and Jaguar that test drives would not be taken through the residential area. There are also speed bumps in the residential area that would not be conducive to taking test drives through the area. Jon Dobosiewicz reported that the rooftop HVAC equipment was not addressed on the Subaru elevations that were presented to the Plan Commission. The rooftop equipment may be something that will have to come back to the Committee in the form of an amended petition. The Department has requested that the petitioner provide color detail of the signage. The Department is recommending that this item be referred to the Special Study Committee. Leo Dierckman voiced deep concern with the lack of follow-through on design from this petitioner and felt that credibility had been breached. The Commission expects to see written commitments from this petitioner. Jerry Chomanczuk noted that the letter from Mr. Goldman was dated January 16th and Chief Fogarty would not have had time to respond. John Molitor said the Commission has jurisdiction over land issues and what is before the Commission is only the parcel that Tom Wood wishes to develop. The Plan Commission does not have jurisdiction over the public rights-of-way--that would be City Council and perhaps Mr. Rattermann could alert his fellow Council members. Mark Rattermann suggested that it would be easy to determine who was responsible for cars in the residential area by the assigned numbering on the dealer plates. This can be controlled by commitments from the dealer. Mark Rattermann asked if Tom Wood would be willing to support speed bumps on Bauer Drive and obtaining access to 96th Street via the SBC property. Docket No. 04110034 DP/ADLS, Tom Wood Nissan was referred to the Special Study Committee for further review on February 1, 2005 at 7'00 PM in the Caucus Rooms of City Hall. 5i. Docket No. 04100026 OA: Patch V- Ordinance Amendment The applicant seeks to Amend Chapters 25' Additional Use Regulations; Chapter 25.07' Sign Ordinance; Chapter 26: Additional Height, Yard, and Lot Area Requirements; Chapter 28' Nonconforming Uses & Exemptions; Chapter 29' Administration; Chapter 34: Zoning Violations; and Appendix A: Schedule of Uses of the Carmel/Clay Zoning Ordinance. Filed by the Carmel Department of Community Services. Adrienne Keeling, City Planner with the Department of Community Services appeared before the Commission representing the applicant. The Patch V Ordinance was introduced at Plan Commission public hearings in December and reviewed at Subdivision Committee. This proposal will allow Code Enforcement flexibility and greater flexibility for repeat offenders. Proposed language will be added to the previously introduced language in Patch V. Inasmuch as the Subdivision Committee has reviewed this language and the Amendment was noticed within the 25 day-time deadline, the Department is requesting suspension of the Rules of S:\P lanCommis sion\Minute s\PCMinute s\2005\PC-2005j an 18 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Procedure in order for a vote to be taken this evening. Dan Dutcher reported for the Subdivision Committee who had reviewed the proposed amendment. The Committee had voted a 4-0 positive recommendation for approval. Mark Rattermann made formal motion to suspend the Rules of Procedure to vote on this Docket, seconded by Dan Dutcher, Approved 8-0. Mark Rattermann made formal motion to forward Docket No. 04100026 OA Patch V Ordinance to the City Council with a favorable recommendation, seconded by Dan Dutcher, Approved 8-0. J. Old Business: ii. Docket No. 04080059 PP: Saddlebrook at Shelborne- Primary Plat The applicant seeks to plat a residential subdivision of 77 lots on 61.21 acres. The site is located at 11901 Shelbome Road. The site is zoned S 1/Residence. Filed by Steve Hardin of Bingham McHale LLP for Leeds, LLC Bill Brehman, attorney, Bingham, McHale LLP, 970 Logan Street, Noblesville appeared before the Commission representing the applicant. Also in attendance: Michael Strikeleather, Leeds, LLC, and Kevin Roberts, project engineer, Paul I. Cripe & Assoc. The Subdivision Committee reviewed this item January 4, 2005 and gave this development a favorable recommendation. The petitioner has worked extensively with the City, the Parks Department, and the neighbors to come Up with some mutually satisfactory commitments with respect to this Subdivision. For example, the petitioner has reached an agreement with the City to coordinate the entrance to the Subdivision with the improvements to Shelbome Road. The petitioner has worked with the Parks Department and has agreed to connect a pedestrian trail from Shelbome Road to West Park that lies to the east of this development. The petitioner has also agreed with the Parks Department Director to install property line markers along the common boundary between the eastern edge of this development and the western boundary of West Park. The petitioner has also reached agreement with the neighbors (except one) to move the entrance road farther from the southern property line north; trees will be planted on a neighbors' property; a barbed wire fence will be removed based upon the request of the neighbors. The petitioner will notify the neighbors in advance when this work is to be performed with respect to their properties. Mr. Brehman stated that the one neighbor who is not in complete agreement is Mr. Ulerich and he will likely speak this evening. The petitioner has agreed with neighbor Michael Ulerich to connect his property to the sewer system at no cost, and also connect his existing driveway to Home Stretch Drive--the main drive into the subdivision~at no cost to Mr. Ulerich. The S :\PlanCommission\Minutes\PCMinutes\2005\PC-2005j an 18 10 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 petitioner will also convey to Mr. Ulerich some property along Home Stretch Drive that can be used along with his connection to the existing driveway. Dan Dutcher reported that the Subdivision Committee had reviewed this over the course of two meetings. There has been significant inner-action and commitments to the City regarding the road and the Parks Department regarding West Park trail connection, and the commitment to clearly delineate the Park and the homes. There has also been significant progress in working with the neighbors, and most of them have now agreed to the proposal. The Committee voted 4-0 to return this item to the Commission with a favorable recommendation. In response to questions from Leo Dierckman, Jon Dobosiewicz stated that the Public Hearing was closed at the Committee level. Department Report, Jon Dobosiewicz. The Department is recommending that the Commission approve the Primary Plat as revised. There is one outstanding issue and that is a transmittal from Mr. Ulerich regarding his negotiations with the petitioner. The petitioner has made several revisions and a letter dated January 3rd addresses the status of those negotiations as of that date. There is also a letter dated January 13th received via email and Mr. Brehman has outlined for the Commission additional modifications made without agreement. For the purposes of the Primary Plat approval, the Plan Commission is in an appropriate position to take final action on this request. If the petitioner cannot reach a final agreement with the property owner to the south, they would have the option of adjusting the entrance (as shown on the site layout) to the north. The distance would be appropriate so as not to encumber the property owners to the south with their decel lane or taper. That may include a combination of a reduction in the taper length and lane length in addition to moving the entrance to the north. Those discussions are something that typically happens after the Primary Plat is approved. It is rare that the Plan Commission would become a party to those discussions~it would be similar to the petitioner acquiring off-site easements for sanitary sewer and water installation as well as access to the site. If the petitioner does not come to terms with their current negotiations, they would have the option of adjusting the entrance to the north to stay off the property to the south. Mr. Rattermann commented that he had been speaking with Mr. Ulerich for about a month regarding the acquisition of the fight-of-way to provide access. This property needs Mr. Ulerich's property for the decel lane or it needs to be re-designed. Jon Dobosiewicz responded that this would be addressed at the Secondary Plat stage and the entrance to the north would be adjusted and an agreement with Mr. Ulerich would no longer be necessary. Susan Westermeier thought this item was approved at Committee subject to approval regarding the trail connection and Mr. Ulerich's approval as well. It was Dan Dutcher's understanding that all of the details had not been finalized with Mr. Ulerich, but the sense of the accommodation as described would ultimately be the basis upon which there is an agreement. If, in fact, the agreement in substance is consummated, we move s :\PlanCommission\Minutes~PCMinutes\2005\PC-2005j an 18 11 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 forward~if not, there would have to be some kind of revision before the project can move forward as it relates to the entrance way. Jon Dobosiewicz summarized that the issue is reimbursement for value of trees within the right- of-way that will be dedicated and connection of water service to the site. The Department would not encumber the City with the responsibility of paying the cost of the value of the trees within the existing one-half right-of-way along Shelbome Road. It is a dollars issue and it would be inappropriate for the Plan Commission to attach conditions to the plat approval in this regard. It would be up to the petitioner as to which option he selects. Jerry Chomanczuk asked about written commitments from the petitioner for a City road project and whether or not there is a budgetary estimate as to the costs. Jon Dobosiewicz responded that there is no cost estimate for the road improvements; however, this petitioner has made a similar commitment, as have developments to the north, regarding improvements across their frontage. The figure is between $45/50,000 to address that particular commitment. The issue of the road project, again, is pending upon their time in moving forward, the City timing in moving forward, whether or not they decide to move the entrance to the north, not being able to reach an agreement with this particular property owner~there are several variables. The Engineering Department is prepared to address either option. Dan Dutcher moved for approval of Docket No. 04080059 PP, Saddlebrook at Shelborne, Primary Plat, seconded by Rick Ripma and APPROVED six (6) in favor, one (1) opposed (Westermeier) one (1) abstaining (Rattermann.) Docket No. 04100034 PP: Kendall Wood- Primary Plat The applicant seeks to plat a residential subdivision of 17 lots on 17.889 acres. The petitioner also seeks the following subdivision waiver: Docket No. 04100035 SW: SCO 6.03.19 (4)- Access to Arterials The applicant request that the required 200 foot buffer area be reduced to 25 feet. The site is located at the NW comer of 121st Street and Shelbome Road. The site is zoned S I/Residence. Filed by Dennis Olmstead of Stoeppelwerth and Associates, Inc. for Steven A. Wilson. Steve Wilson developer, 937 Keystone Way, Carmel 46032 appeared before the Commission representing the applicant. This petition was heard by the Subdivision Committee on January 4th and received a 4-0 favorable recommendation. Mr. Wilson stated that there were three items agreed to at the Committee. 1) A $5,000 per lot landscaping allowance will be incorporated in the Covenants and Restrictions for Kendall Wood. 2) Property owners of the lots along the west property line will agree to one type of fence so that the fence will be uniform. 3) The entrance will have a maximum of three street lights. Dan Dutcher reported for the Subdivision Committee and confirmed the petitioner's recap of the s :\PlanCommission\Minutes\PCMinutes\2005\PC-2005j an 18 12 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 meeting. The recommendation was 4-0 favorable recommendation. Department Comments, Jon Dobosiewicz. The Department has received a letter from Steve Wilson that is consistent with the discussion that occurred at the Committee level. At this time, the Department is recommending approval of the Primary Plat request as well as 04100035 SW for Access to Arterials. Jerry Chomanczuk commented that he was concerned with the access because the buffer is being reduced from 200 feet to 25 feet and that seems like a major, major concession. Steve Wilson responded that there would be an exterior brick wall around the project with landscaping to buffer the back yards; brick will be installed on the first level all the way around. Dan Dutcher explained that the review was from a new design standard that was established that would try to make frontage streets along major roads rather than having a view of the back of a Subdivision. In this particular case, this model can still work with the significant landscaping and significant brick fence, and this was felt to be an acceptable alternative. It is different from the current standard, but it is still an acceptable alternative. Dan Dutcher moved for approval of Docket No. 04100034 PP, Kendall Wood Primary Plat, and Docket No. 04100035 SW, SCO 6.03.19 (4), Access to Arterials, seconded by Rick Ripma, APPROVED 8-0. Docket No. 04050012 OA- Park Impact Fees Docket No. 04050013 CP - Carmel/Clay Parks Zone Improvement Plan The applicant seeks to amend Chapter 29: Park and Recreation Impact Fees and amend the Carmel/Clay 2020 Vision Comprehensive Plan: Carmel/Clay Parks Impact Fee Zone Improvement Plan. Filed by the Carmel/Clay Parks Department. Mark Westermeier, Director, Carmel/Clay Parks Department appeared before the Plan Commission representing the applicant. The Park Impact Fee is reviewed at 5-year intervals or it simply "goes away." The process was started in June 2004; committee meetings, special interest groups, etc. A meeting of the Park Impact Fee Committee was held January 4, 2005, and a recommendation is now being made. The City-Council would have the ultimate say as to the Park Impact Fee. Leo Dierckman serves as Chairperson for the Impact Fee Committee and reported the findings. Calculation methods were discussed as well as allocation between existing homeowners in the form of taxes and the impact on new construction in the City of Carmel. The Committee was comfortable with the way the fee would be applied to existing users as well as future users. The Committee also looked at plans relative to the future for some of the parks currently in existence and those currently being developed. s :\PlanCommissionLMinutes\PCMinutes\2005\PC-2005j an 18 13 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 The Committee voted a 6-0 favorable recommendation to send this item to the Plan Commission. Department Comments, Jon Dobosiewicz. By way of explanation, there are two petitions, an Ordinance Amendment regarding the Park Impact Fees that will be an amendment to the Zoning Ordinance. The second petition is the Zone Improvement Plan that will be considered by the City Council as a resolution and Amendment to the existing Comprehensive Plan. These two petitions may be acted upon in one motion. The Department is recommending favorable consideration of both petitions. Mark Rattermann noted that the numbers had not been "filled in" according to the findings of the Park Impact Fee Committee. Mark Westermeier responded that the proposed Park Impact Fee number is $1,261.00. Mark Rattermann made formal motion to forward Ordinance No. Z-450-04 (Docket No. 04050012 OA Park Impact Fees) to the City Council with a recommendation for approval with the following changes: page 7, fifth line from the bottom to read "$1,261.00 "and the second line from the bottom to also read $1,261.00," seconded by Rick Ripma. Mark Rattermann then amended his motion to include the Carmel/Clay Parks Zone Improvement Plan, Docket No. 04050013 CP, seconded by Rick Ripma, Approved 8-0. nj. Docket Nos. 04010027 OA; and 04080048 Z: Z-465-04 (as amended and approved by City Council) Proposed Chapter 23F: Range Line Road/Carmel Drive Overlay Zone The petitioner seeks to add new provisions regarding development standards for properties along portions of Range Line Road and Carmel Drive to the Zoning Ordinance. Filed by the Department of Community Services. Adrienne Keeling, Department of Community Services, appeared before the Commission representing the applicant. The Plan Commission certified the vote on this petition to the Council. September 29th, the text amendment was certified to the Council; October 22nd the map amendment was certified to the Council. However, on December 20th, the City Council approved an amended version of the Ordinance Amendment. The Council's amended version was explained, including the boundary for the Overlay now set at Executive Drive to the east and ending at the Monon Trail to the west. If the amended version is agreeable to the Plan Commission and so voted, the Overlay Ordinance, as amended by the Council would go into effect immediately. Department Comments, Jon Dobosiewicz. In essence, the Department is recommending that the Plan Commission ratify the decision made by the Council. If the Plan Commission has strong feelings about certain items that have been changed, a new certification could be forwarded to the City Council for re-consideration. The amended version was discussed at length and decided upon. Approval by the Plan Commission this evening would be a final vote for this Amendment. s :\PlanCommissionLMinutes\PCMinutes\2005\PC-2005j an 18 14 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Mark Rattermann moved for approval of Ordinance, Docket No. 04010027 OA, and 04080048 Z, (Z-465-04) as amended and approved by City Council, seconded by Susan Westermeier, APPROVED 8-0. Docket Nos. 04070029 OA: Z-461-04 (as amended and approved by City Council) Temporary Use Regulations Ordinance & Resubdivision; Lots containing Two-Family Dwellings The applicant seeks to amend Chapters 3, 25, 25.07, and Appendix A of the Carmel~Clay Zoning Ordinance. The applicant also seeks to add Section 5.8 to the Carmel Subdivision Control Ordinance regarding resubdivision of lots containing two-family dwellings. Filed by the Carmel Department of Community Services. Adrienne Keeling, Department of Community Services appeared before the Commission representing the applicant. The Temporary Use and Resubdivision Ordinance Ordinance Amendment is a similar situation to the Carmel Drive/Range Line Road Ordinance. On October 22~d, the Plan Commission certified a version of the Ordinance Amendment to the City Council; on December 20th, an amended version was approved by the Council. In summarizing the changes, language has been added that exempts local, non-profit organizations from fees associated with seasonal, outdoor sales. The height limitation is increased from 6 feet to 9 feet. The Council felt that some seasonal items may extend above 6 feet (Christmas trees.) Also, the number of annual permits allowed is reduced from 3 to 1 temporary use permit per property. Again, for seasonal, outdoor sales. Mark Rattermann commented that there was a lot of discussion on this Amendment. The only issue is the number of times seasonal sales can occur as far as 30 consecutive days. There was a question, too, as to whether or not this precluded nursery operations. Jon Dobosiewicz, stated that this Ordinance Amendment had passed the Council unanimously. The question regarding existing nurseries within the community such as Sundown Gardens or Altum's~the language regarding seasonal outdoor sales would not apply to those businesses. This language has no impact on the way those businesses function either prior to adoption of this Ordinance or after as it is currently proposed. Mark Rattermann then asked if a Church decided to sell Christmas trees, could they also sell pumpkins? Jon Dobosiewicz responded that the Ordinance would allow one, thirty (30) day period for that activity. If the Church knew it would have that option, they could approach the Board of Zoning Appeals for a variance and it could be a one-time deal. They could ask for two, 30-day seasonal sales on an annual basis, and this could be reviewed as a Hearing Officer item. The City is trying to avoid a 90-day window wherein all businesses would have this option available to them. s :\PlanCommission\Minutes~PCMinutes\2005kPC-2005j an 18 15 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Mark Rattermann commented that this is a "thorny" issue and it was difficult to deal with this to prevent other issues. Leo Dierckman interjected that the hearing officer process has worked very well and it is a process that is readily available. Jon Dobosiewicz clarified that the seasonal items would be 30 days of sales~the City would allow one week to set up the activity on the site and a week after termination of sales to tear down and restore the property to its existing condition. Mark Rattermann moved for approval of Docket No. 04070029 OA, (Z-461-04) as amended and approved by City Council, seconded by Dan Dutcher, APPROVED 8-0. There was no new business to come 9:35 PM. before the Commission and the meeting was adjourned at l~a)~oh~t~n~ock, ge~ret~ry~ - Leo Dierckman, President s :\PlanCommission\Minutes\PCMinutes\2005\PC-2005j an 18 16 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417