HomeMy WebLinkAboutMinutes PC 10-18-11
CARMEL PLAN COMMISSION
OCTOBER 18, 2011
City Hall Council Chambers
2nd Floor
One Civic Square
Carmel IN 46032
6:00 PM
Members Present: John Adams, Jay Dorman, Brad Grabow-late
arrival, Judy Hagan, Nick Kestner-late
arrival, Steve Lawson, Alan Potasnik, Kevin “Woody” Rider, Steve Stromquist, Susan Westermeier, Ephraim Wilfong
DOCS Staff Present: Director
Michael Hollibaugh, City Planner Angie Conn, Legal Counsel John
Molitor
Also Present: Ramona Hancock, Plan Commission Secretary
The minutes of the September 20, 2011 meeting were
approved with minor corrections.
John Molitor, Legal Counsel Report, regarding Kensington Place Homeowners & Justus Homes litigation: An Answer has been filed and copies will be emailed
to Commission members later this week.
Reports, Announcements & Department Concerns, Angie Conn: The Plan Commission calendar for 2012 has been distributed; we would like a motion
to accept and approve the meeting dates for 2012. Also, the Dept is requesting that the Agenda be re-ordered to hear the two Old Business items first this evening.
The calendar establishing
the Plan Commission meeting dates for 2012 was unanimously approved.
Motion: Alan Potasnik to re-order the Agenda to hear Old Business Docket No. 11060014 DP, Meridian & Main II, and
Docket No. 11050013 Z, Silvara PUD as the first items of business this evening; approved 9 in favor, one opposed (Westermeier) Grabow was absent when the vote was taken.
Old Business:
TABLED TO NOV. 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,
carwash and also seeks the following zoning waiver approval:
Docket No. 10110013 ZA: Section 9.02, Legacy PUD ordinance Z 501 07, maximum 15 ft
front yard building setback. The site
is located at 7720 E. 146th St. (at River Rd.) and is zoned
PUD/Planned Unit Development. Filed by Charlie Frankenberger of Nelson & Frankenberger.
Docket No. 11060014 DP: Meridian
& Main II.
The applicant seeks development plan approval for commercial and office uses on 26.8 acres.
The site is located at 1304 W. Main St. and is zoned a mix of OM/MU – Old Meridian Mixed Use on the southern portion and B-6/Business and US 31 Corridor Overlay Zone on the northern
portion. Filed by Jamie Browning for Meridian Heights Associates, LLC.
Present for Petitioner: Jamie Browning, Prestwick Lane, Carmel.
Overview:
Property located at 131st Street
within the US 31 Overlay on the northern portion and B-6/
Business on the southern portion
The property is designated Meridian Heights Subdivision
The petitioner has had public hearing,
Technical Advisory Committee review, and appeared at Subdivision Committee
The Development Plan includes an east/west and north/south road, slated to be public roads
There will be a
total of 6 buildings on the property
The Buildings will be Mixed-Use along 131st Street and medical office buildings along Pennsylvania Way and Medical/Office Use on the buildings that
front the US 31 Corridor
It is the petitioner’s intention to expand Pennsylvania Way east/west into the St. Vincent’s campus—included in the Development Plan submission
Commission
Members Comments/Questions:
Building entrances and pedestrian connections were questioned – (comments/concerns from David Littlejohn will be addressed at ADLS review)
Which Overlay
controls this development?
Why is there not a 66-foot urban connector through this project as shown on the Thoroughfare Plan?
We can agree on the 66 feet this eve or return this item
to Committee to see that this is done
The petitioner has agreed to an 8-foot path on one side – sidewalk on the other
Angie Conn: The entire development consists of two different
zoning districts – south of Pennsylvania Way is Old Meridian/Mixed Use and buildings would be required to be pulled up to the street. North of Pennsylvania Way is the US 31 Overlay
with 90-foot build-to lines; however, the petitioner cannot meet the build-to lines because of the houses in the northwest corner
Jamie Browning responded to questions regarding right-of-way—each
of the roads was a 44-foot right-of-way and the roads could never align. Engineering wanted an additional 15 feet along 131st Street; an additional 15 feet of right-of-way was allowed
in exchange for the 15 feet along Pennsylvania Way. The size of the right-of-way affects the set-back line; we gave on the 131st Street side, although not obligated to do so.
David
Lash, Cripe Engineering, explained further regarding the right-of-way. Right-of-way dedication for St. Vincent property to the east has a 60 foot one-half right-of-way dedicated. Right-of-way
along the Church property to the west as well as Meridian and Main phase I, the right-of-way along Main Street is a 60-foot one-half that is dedicated. On either side of the property,
there are 60-foot one-half rights-of-way, but when the Thoroughfare Plan was updated in 2009, the 70-foot one-half right-of-way for this portion of Main Street is required and that’s
what is shown on the plan. As discussed at Committee, the east/west roadway, extension of Pennsylvania Way – the petitioner incorporated an 8-
foot path on the south side of Pennsylvania Way; on the east side of the north/south road, an 8-foot path was also incorporated. With the construction of the building, there is only
a sidewalk on the north and west sides of Pennsylvania Way as it extends to Main Street. Through Meridian & Main Phase II, along Pennsylvania Way, there is a 5-foot walk and 8-foot
path as discussed at Committee; heading east through the St Vincent property, the common east property line, the St. Vincent Sports Performance facility has been designed as a parking
lot with an internal access driveway that is not a public street.
The plan is to have the roads meet the classification shown in the Thoroughfare Plan.
Judy Hagan noted that if the
urban collector had been on the plan, we could get everything in without sacrificing any of the planning for this area
There was discussion as to whether or not this item should be
returned to Committee for additional review. It was determined that there was no benefit to returning to Committee.
Brad Grabow, Subdivision Committee report: The Committee returned
this item to full Plan Commission with a 4-0 favorable recommendation. Some concerns expressed this evening relate to the development standards in the Comprehensive Plan and Thoroughfare
Plan that the Committee understood to have been made null and void or at least of lesser importance, since Grand Boulevard will not be developed north of Main Street as initially planned,
and approval of the St. Vincent project to the east which turns Pennsylvania Way into a dead-end street when it reaches the St. Vincent property. Given those changes, the petition as
it stands tonight is appropriate for the circumstances as they are currently understood for Grand Blvd and the St. Vincent project.
Motion: Woody Rider to approve Docket No. 11060014
DP, Meridian & Main II, seconded by John Adams, approved 8 in favor, two opposed (Judy Hagan, Jay Dorman)
Docket No. 11050013 Z: Silvara PUD.
The applicant seeks approval to rezone
304 (now 281) acres from S-1/S-2/Residence & West 116th Street Overlay Zone to the PUD.Planned Unit Development. The site is located at 11960 Spring Mill Road at the northwest corner
of 116th St. and Spring Mill Rd. Filed by Steve Hardin of Baker & Daniels LLP.
Present for Petitioner: Steve Hardin, attorney, Baker & Daniels, 600 East 96th Street; Larry Moon, Republic
Development; landowner Otto Frenzel; Jesse Pohlman, Land Planner with Baker & Daniels.
Overview, Steve Hardin:
Site Context
Highlights of Significant Changes
Commercial Uses Removed
Apartments
Removed
Total Dwelling Units Reduced by approx 40% -- now at 605 dwelling units
Enclave area replaced with larger, Estates lots
Estates area extended along Claybridge
Bridgecreek area
extended south on Spring Mill Road
Perimeter Buffers increased
Highlights of Current Plan, Larry Moon
Significant Open Space, wooded area, trails & paths
Connectivity
Conceptual Plan
Changes agreed to by Petitioner, suggested by Plan Commission
Members:
Clarification/revised definition of “Apartment” to include multiple family dwelling
Fences within bufferyard along the perimeter are uniform in their given planning area; also
lots adjacent to the bufferyards will have their own uniformity within their planning area
On-street parking will not count towards parking requirements
Dedication of right-of-way to
accommodate path extension to 116th Street at no cost to the City
Varied building orientation along Spring Mill Road (Village Neighborhood) to provide off-sets and different views along
the Spring Mill corridor
Silvara is responsive to:
Unique site features
Changing demographics
Surrounding developments
Sound planning principles
Petitioner requests forward to City
Council with a favorable recommendation
Angie Conn, Department Report:
Removal of commercial unit helped move project forward
Petitioner has granted right-of-way along Spring Mill
so that the path along Spring Mill can be extended to 116th Street
Dept approves of newly presented revisions
Dept recommends forwarding to City Council with a favorable recommendation
Steve
Stromquist, Special Studies Committee Report:
Two biggest issues have been resolved (commercial & apartments removed from proposal)
Overall density reduced down to 2.15 units per acre
from a high of 3.1 units per acre
Overall number of units has been reduced from 950 to 605
Perimeter buffering addressed
All areas in concept plan stay the same & common areas, primary
preservation areas are not affected with any changes
Entrance/Exits remain the same; the southern-most exit will stay with three entrances on Spring Mill Road
Internal road patterns
do not change
Rental of Units has been addressed/resolved
Commission Members Comments/Questions
Neighbors asked that rentals be prohibited -- we did not see any way that it would
be feasible
Pages 49 and 50 – if not addressed this evening, will be addressed at City Council Committee regarding empty nester options/requirements
Traffic is still an issue
Eliminating
the commercial component was a good move
Connectivity with surrounding subdivisions should have occurred
Density is still a concern
US 31 up-grade is a long-term fix, but it will be done; property owners still have a right to develop their property in the interim
Favorable comments regarding the empty nester proposal
No connectivity to Claybridge, although it shows it on the plan
Request clarification of 116th Street Overlay relative to this property
What happened with connectivity – these are dedicated
streets
Clarify “real estate” as being the southern boundary of the Village Neighborhood and not something else
Side path is to be built to City standards along Spring Mill Road
Traffic
– Engineering Dept has a good shot at making the road construction extension and up-grades happen
Regarding rentals/leasing units—that is not seen as the Plan Commission’s job to police—perhaps
an issue for HOA covenants/restrictions
Petitioner did an outstanding job working with the Committee
The addition of cul-de-sacs permitted the petitioner to address the widening of
rear lot lines adjacent to external neighborhoods
Request petitioner consider connecting cul-de-sacs with side paths that extend to nearest, parallel street – examples in North Willow
Farms, Indpls
Extension of multi-use path to 106th Street – does extension reach from City right-of-way/north boundary of City roundabout to the south end of this PUD or is there a
need for additional commitment to extend a gap of land? The goal is to connect to the roundabout
Reword orientation (#5) and/or front setbacks so that it is either/or, a combination
of setbacks and orientation to avoid potential “tunnel effect” along Spring Mill Road
US 31 has funding and construction will be widened
Do the paths at IU Health and the PUD align?
Response,
Steve Hardin:
“Real Estate” definition in the PUD amendment document relates back to the definition of real estate in the PUD Ordinance and it does mean it would come to the southern
border; the side path would extend from 116th Street to the southern boundary of the PUD – the development will comply with the Thoroughfare Plan and will either make the improvements
or provide funds to the City to offset the improvements
The 116th Street Overlay is actually south of the boundary and the PUD Ordinance does not affect the 116th Street Overlay – the
original petition included the 21 acres of commercial that was in the 116th Street Overlay, and that has been removed from consideration – reference to the 116th Street Overlay will
be stricken
Connectivity between Silvara and adjacent neighborhoods was a mixed response – the concept plan shows pedestrian connectivity with Claybridge -- the petitioner does not
control whether or not the City requires the connection – the Ordinance does not restrict connectivity, it is ultimately the City and Plan Commission requirement
Springmill Streams
Estates perimeter lot sizes are like the Estates in the other areas – 180 feet deep lots, 120 feet wide at the rear property line
Regarding rentals: Section 15.3 states that this would
not be a City enforcement but would be included in the covenants that no one person could own any more than two units
The petitioner is agreeable to adding “and” to addition #5 as suggested
The
Engineering Dept has been satisfied with the Traffic Impact Analysis – from an overall
traffic perspective, traffic has been resolved by the experts in the City
Larry Moon responded to comments regarding the addition of the cul-de-sacs – the cul-de-sac is a very effective
way to provide the neighbor behind you a very wide lot with very few homes behind them. Connections between cul-de-sacs with side paths are really not used much. If it were a tremendous
shortcut, it would have merit, but these cul-de-sacs are relatively short and with the sidewalk system, we would not want to put side paths through side yards—it is a marketing issue
for homes.
Dept Comments, Angie Conn: There is not a set location for the path – the proposal comes in with each development plan; the location of an east/west path in Silvara would
not affect connectivity. The road right-of-way on the Thoroughfare Plan for the area referenced in item #4 of the amendments is 100 feet in width; perhaps the document could reference
the “current version of the Carmel Thoroughfare Plan.” Better still, the reference should be to the Transportation Plan that encompasses the Thoroughfare Plan, the Bike and Pedestrian
Plan, and the Transit Plan.
Motion: Brad Grabow to forward Docket No. 11050013 Z, Silvara PUD to the City Council with a favorable recommendation, subject to the 4 additions discussed
this evening and the 5th with the edit that the phrase “variable orientation and/or front setbacks” be incorporated into that paragraph amending how it was presented earlier; seconded
by Woody Rider, Approved 8 in favor, 3 opposed (Hagan, Kestner, Westermeier) NOTE: The caption of the Silvara PUD Docket Number should be edited to remove any reference to the West
116th Street Overlay
Public Hearings
Docket No. 11070019 CA: The Woods at Lions Creek Commitment Amendment.
The applicant seeks approval to amend the commitments for this development.
The site is located near 13700 West Rd., and is zoned S-1/Residential. Filed by Steven Hardin of Baker & Daniels, LLP on behalf of Pulte Homes of Indiana, LLC.
Present for Petitioner:
Steve Hardin, attorney, Baker & Daniels; David Compton, Vice President of Pulte Homes; Land Use Consultant Jesse Pohlman with Baker & Daniels.
Overview:
59-acre Subdivision platted
into 32 lots and developed in 2007
Subject site is located south of 141st Street on West Road
Subdivision originally marketed as 1800/mid-1900 homes
Lots did not sell as marketed, and
Pulte has now acquired the property
Pulte now has a series of proposals to modify original commitments
No change in zoning proposed
Homesites average between 1 and 2 acres
Proposed
change in commitments submitted
Minimum Square Footage
Architectural Styles
Up-dated Landscape Plans
No Public Remonstrance—Public Hearing Closed
Dept Comments, Angie Conn:
Recommend
suspension of the Rules of Procedure and vote this evening
If no Suspension of the Rules, would recommend sending this item to Special Studies Committee
Commission Comments:
Site is rural character, gently rolling, low density, & will benefit from the changes proposed
Need to get this project going
Unsettled issues on another Pulte
project – need to be resolved
Docket No. 11070019 CA, The Woods at Lions Creek Commitment Amendment was referred to the Special Studies Committee for further review on Tuesday, November
1, 2011 at 6:00 PM in the Caucus Rooms of City Hall.
Note: Items 2 and 3 were heard together.
Docket No. 11080014 PP: 420 First Ave NW Primary Plat.
The applicant seeks primary
plat approval for 2 residential lots on 0.53 acres. Also, the following waiver is requested from the Subdivision Control Ordinance:
Docket No. 11080015 SW SCO Chptr 6.05.01:
lot width at road right of way
The site is located at 420 First Ave NW (on the Monon Greenway) and is zoned R-2/Residence within the Character Subarea of the Old Town Overlay. Filed
by Jeff King, owner.
Present for Petitioner: Jeff King, 431 First Avenue NW, Carmel
Overview:
Seeking approval to plat property into two lots
Also seeking Subdivision Waiver for lot
width at road right-of-way
Existing house on lot is serviced by the unimproved alley to the north
Propose lot to the west would also be serviced by the alley
Project has been thru TAC
review & received favorable comments
Petitioner has talked with adjoining neighbors & received favorable responses
Request approval of application
Public Remonstrance/Favorable:
Russ
Schwartz, 510 First Avenue NW, adjacent to property in question – supports this proposal – any improvements made to the alley will improve access for his property and will also be an
improvement to the area
Justin Moffitt, Old Town Design Group, has been impressed with current projects completed by the Kings and has a lot of confidence in what the Kings can do.
Mr. Moffitt supports this proposal and would even be in support of suspending the Rules of Procedure and vote on this item tonight.
Public Hearing Closed.
Dept Report, Angie Conn:
Dept
is in favor of the Primary Plat
Dept is also in favor of the Waiver for the back lot not to have frontage because it will be served by the public alley
Petitioner is platting a 24-foot
wide tree preservation area along the Monon Trail
Dept recommends suspension of the Rules
Motion: Woody Rider to suspend the Rules of Procedure, seconded by Susan Westermeier, approved
11-0.
There was no objection to Mr. King’s proposal, however there was discussion regarding the proposal, the setback
in relation to the Monon Overlay, the character and building height of the home on lot 2A, and the legal drains on site.
Clarification: The setback on the King proposal is 24 feet
rather than 60 feet; 33 feet dedication is reflected on the plan and the 24 feet of tree preservation area/building line is in addition to that. This setback is 24 feet rather than
the 60-foot setback stated in the Monon Overlay Chapter.
Motion: Susan Westermeier to Approve Docket Nos. 11080014 PP, 420 First Ave NW Primary Plat and 11080015 SW, SCO Chptr
6.05.01: lot width at road right of way, seconded by Woody Rider, Approved 11-0
Docket No. 11090004 OA: Sign Ordinance Update.
The applicant seeks approval to amend Chapter 25.07:
Sign Ordinance of the Zoning Ordinance in order to update and revise the regulations for signage. The applicant also seeks to update Chapter 3: Definitions, Chapter 19: B-/Business
District, Chapter 20E:C-1/City Center District, Chapter 20F:C-2/Old Town District, Chapter 20G: OM/Old Meridian District, 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 Drive – Range Line
Road Overlay Zone, Chapter 23H: Monon Greenway Overlay Zone, Chapter 24: Development Plan and Architectural Design, Exterior Lighting, Landscaping & Signage Regulations, Chapter 25:
Additional Use Regulations, and Chapter 29: Administration in order to update other chapters containing sign standards. Filed by the Carmel Department of Community Services on behalf
of the Carmel Plan Commission.
Present for Petitioner: Rachel Boone, Dept of Community Services
Overview:
Proposed Amendment only applies to the current Sign Ordinance, Chapter 25,
Section 7
There are a number of inconsistencies in the Sign Ordinance
Dept has been working the Chamber of Commerce
Goal is to make the Sign Ordinance easier to understand, more user
friendly, reduce duplication, and address inconsistencies
Creation of a Sign Ordinance Visual Guide as a Supplement to the Sign Ordinance
Up-dated Definitions
Sign Approval Process to
be made easier
We are not scrapping the existing Sign Ordinance, only enhancing it
No Public Remonstrance
Public Hearing Closed
Commission Comments/Questions
Maybe allow certain
categories of signs to be approved by the Dept for a one year trial basis
Would like Dept representative to appear at Special Studies Committee and explain the process
Hope the process
can be a lot less cumbersome and stream-lined for the public
Need to up-date and nail down the Sign Ordinance without having it open to interpretation and bring the general public into
the process s well as the Chamber
Glad to be moving forward with this project
Kudos to the Dept
90% of Sign Ordinance is designed for things we don’t want to see happen; 10% geared
to encourage things we do want to see happen
Surprised to see that no one from public in attendance and feel public input will be “after the fact”
Time for public input is NOW
We need to come up with something to educate the public regarding Real Estate & Garage Sale signs
Mike Hollibaugh, DOCS Director
The Dept is aware that there are flaws with the current
Ordinance
Legal issues have been looked at
We don’t want to undermine what the community has done thus far
We want to approach the Sign Ordinance issue with balance
Docket No. 11090004
OA, Sign Ordinance Update was referred to the Special Studies Committee for further review on Tuesday, November 1, 2011.
TABLED TO NOV. 15: Docket No. 11070022 Z: CoCo Commons PUD
Rezone @ 146th/Towne.
The applicant seeks approval to rezone 19 acres from S-1/Residence to PUD/Planned Unit Development, for a neighborhood-scale commercial development. The site is
located at the southeast corner of 146th St. and Towne Rd. Filed by Steve Granner of Bose McKinney & Evans LLP for Timothy Baker, owner.
TABLED TO NOV. 15: Docket No. 11080018 DP/ADLS:
The Bridges PUD – HealthSouth Rehabilitation Hospital. The applicant seeks site plan and design approval for a rehabilitation facility/hospital on 6.5 acres. The site is located at
approximately 11405 Springmill Rd. and is zoned PUD/Planned Unit Development. Filed by Elizabeth Liles Mann of HealthSouth.
Meeting Adjourned at 8:50 PM.
______________________________
Jay
Dorman, Chairperson
________________________________
Ramona Hancock, Secretary