The URL can be used to link to this page

Home My WebLink AboutMinutes SpecStdy 10-02-120 City of Carmel Carmel Plan Commission SPECIAL STUDIES COMMITTEE October 2, 2012 Meeting Members present: John Adams, Alan Potasnik, Kevin "Woody" Rider, Steve Stromquist Members Absent: Steve Lawson DOCS Staff: Adrienne Keeling, Long Range Planner; Legal Counsel John Molitor Also present: Ramona Hancock, Plan Commission Secretary The Special Studies Committee considered the following items: 1. Docket No. 12080015 ADLS Amend: Cottage Animal Clinic - Signage. The applicant seeks approval to place one new suspended sign on the property. The site is located at 420 N. Range Line Rd. and is zoned B-5/Business. It is located within the Old Town Overlay Zone, Historic Range Line Subarea. Filed by Jen Pachynski of CSI Signs on behalf of Cottage Animal Clinic. • Present for petitioner: Jay R. Knight, CSI Signs, and Mr. Morley on behalf of Cottage Animal Clinic. ~' Overview: • Sign consists of single post and suspended sign • Sign is 5 feet off the right -of -way • Sign is within Old Town guidelines • Petitioner has approval from landlord for the business & access from adjacent drive Dept Comments, Adrienne Keeling: • Petitioner meets allowable square footage as well as height limit • Dept has no outstanding concerns • Dept recommends favorable consideration Motion: "Woody" Rider to approve Docket No. 12080015 ADLS Amend, Cottage Animal Clinic Signage, seconded by Alan Potasnik, Approved 4 -0 2. Docket No. 12090014 ADLS Amend: Woodgate Subdivision, Wall along 146th Street. The applicant seeks approval for an 8 -ft concrete wall to run along the backs of 11 residential lots along 146`h Street to replace and existing wooden fence. The site is located near the intersection of Woodgate Dr. and 146th St. The site is zoned R- 1/Residence. Filed by Lyndon Craig Stiff, president of The Woodgate Homeowners Association. Present for petitioner: Lyndon Craig Stiff, President, Woodgate HOA; Peter Beerin g, attorney for Woodgate L _.)HOA. 1 Overview: • Woodgate Subdivision previously had a wooden fence parallel to 146th Street — replaced in 2005 • Present fence is deteriorated and needs to be replaced • HOA Board has proposed an artisan barrier concrete system such as installed at other subdivisions and banks • Proposal is to install wall at same location • Proposed Wall would have no impact on utility easements — would still be able to service • Proposed Wall would have no impact on the right -of -way & no impact on existing utilities • Difference of opinion between one homeowner and the HOA Board • HOA Board believes the current fence belongs to the HOA • HOA Board was dissolved in 1999 and petitioned to be reinstated — probably will be granted by Secretary of State • HOA Board caused ballot to be held; By -Laws require more than half of residents for valid vote to approve or disapprove • Of 91 votes cast, 63 voted in favor of the proposed wall • HOA Board believes they have authority to proceed with construction of the wall and seeks Plan Commission approval • Hamilton County has issued approval conditioned upon no encroachment in right -of -way and a show of exact location/placement of the wall Dept Report, Adrienne Keeling: • Dept initial concerns are drainage & possible encroachment of new wall within the right -of -way • Still are concerns with respect to right -of -way • Dept has been made aware of pending court proceedings & need to consider options in that respect John Molitor, Legal Counsel recommends that this item be sent to the October 16, 2012 meeting of the Plan Commission; no public notice required, but the item would be a public hearing. Request of Petitioner: • Produce proof of ownership of current fence (details, please) • Proof that Woodgate residents were notified of October 16, 2012 public hearing before the Plan Commission • Proof that drainage issues have been addressed Motion: "Woody" Rider to send Docket No. 12090014 ADLS Amend, Woodgate Subdivision, Wall along 146th Street, to the full Plan Commission for public hearing on Tuesday, October 16, 2012, seconded by Alan Potasnik, Approved 4 -0 3. Docket No. 12080007 Z: Old Town Neighborhood Rezone. The applicant seeks approval to rezone 22 parcels from the B -1 /Business, B-3/Business and B-5/Business District Classifications within the Old Town District Overlay Zone, Character Sub -Area to the R -3/ Residence, R -4 /Residence and B-5/Business District Classifications within the Old Town District Overlay Zone, Character Sub -Area. The properties are located along 1 s` Avenue NW, 1st Avenue NE, 2nd Avenue NE, 1st Street NE, 2" Street NE and 5th Street NE. Filed by the Carmel Dept. of Community Services. 2 Present for Petitioner: Adrienne Keeling, Dept of Community Services Overview: • Proposal to rezone certain parcels in the Old Town District • Some residents have expressed concern about losing their business classification • Questions have been asked about limited uses on individual parcels • 20 of 22 parcels are proposed to return to R -3 residence to match surrounding zoning; 2 would limit uses adjacent to residential • Addresses on some properties were listed incorrectly on the map and also listed incorrectly by the County Committee Comments /Questions: • No problem with highlighted parcels being switched to B -5 zoning; would rather limit use to an office type rather than general retail • Rezone certain parcels to B -5 with stipulation that when it gets to Plan Commission, that recommendation would be made; if not, those certain parcels would remain R -3 zoning • Would like to see a list of permitted uses rather than an all- inclusive list Consensus of Committee: Would rather limit uses to a dozen at the most Adrienne Keeling referred to Appendix A, Schedule of Uses: • B -5 is probably the least intensive of uses — needs to be kept at low intensity use • Could extract commitments from property owners regarding uses and excluded uses, otherwise, would revert to R -3 zoning • B -5 is much more restrictive than B -1 • Will provide listing of uses Legal Counsel, John Molitor: • Willing to meet with land owners and clarify commitments, providing a consensus is reached with Plan Commission and the Commission recommends rezoning and forwarding to Council • May want to re -visit character of Overlay to see that the rezone does not violate Committee reviewed types of uses and what they were willing to eliminate. Clarification: Even though General Services would not be listed as permitted, a salon would be specifically permitted so that the Ginkgo Tree may continue to operate. Public Input: Gary McCarty, Old Town Neighborhood, stated that he would rather be in B -5 Zoning with the adjacent alley noted as a demarcation line. Mr McCarty considered B -5 to be more marketable in a number of instances if he were to sell his residence. Motion: Woody Rider, to return Docket No. 12080007 Z, Old Town Neighborhood Rezone to the Plan Commission with a positive recommendation for the four properties on the south end, (120 First Ave NE, 32 r First Ave NE, 105 First Street NE, and 140 First Street NE to rezone to B -5 after commitment letters are signed by property owners. If commitment letters are not signed by property owners, the zoning would become R -3. The motion was seconded by John Adams and Approved 4 -0. • 3 4. TABLED TO NOV. 7, WEDNESDAY: Docket No. 12050013 Z: 146th & Gray Rezone. -... _ . - . _ •_ , - - -- . .. _ _ _ ` _. _. . 4927 E. 146th Daniels, LLP for L & Q Realty, LLC. 5. TABLED TO NOV. 7, WEDNESDAY: Wilkinson's Addition, Lot 32). Meeting Adjourned at 6:55 PM Docket No. 12070001 ADLS Amend: Abbey Taphouse (D ona Hancock, Secretary Steve Stromqui - , Chairp son 4