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HomeMy WebLinkAboutPacket 02-05-96 City CouncilREQUEST TO CHANGE ZONING MAP (Rezone) Leeper Electric Service, Inc. Prepared for Carmel City Council February 5, 1996 1 2 3 4 Letter to Members of the Carmel City Council Petition to Change Zoning Ordinance Final Site Plan And Correspondence Recommended Land Use Map Official Zone Map 6 7 8 9 10 AVERY Commitments Concerning The Use And Development of Real Estate Minutes of Carmel Plan Commission of November 28, 1995 Certification of The Secretary of The Carmel Plan Commission Notice of Public Hearing Proposed Ordinance Z-312 READY INDEX INDEXING SYSTEM • • JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER of counsel JANE B. MERRILL NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS -AT -LAW January 22, 1996 TO: Members of the Carmel City Council 3021 EAST 98th STREET SurrE 220 INDIANAPOLIS, INDIANA 46280 317- 844-0106 FAX: 317 -846 -8782 RE: Rezone Application of Leeper Electric Service, Inc. b Present Zoning Classification: S -2 Residence District Requested Zoning Classification: B -2 Business District Introduction On February 5, 1996, the Carmel City Council will hold a public hearing on proposed Ordinance Z -312 ( "Ordinance "). The Ordinance has been forwarded to the Council without recommendation by the Carmel Plan Commission and, on adoption, would reclassify a small parcel of real estate located North and East of the intersection of 131st Street (Main Street) and Meridian Street (U.S. 31) from the S -2 Residence District Classification to the B -2 Business District Classification. (See Tab 1 for a copy of the Petition to Change Zone Map.) The Applicant and The Real Estate The Applicant, Leeper Electric Service, Inc. ( "Leeper ") has agreed to purchase the 4.06 - acre parcel of real estate ( "Real Estate ") located North and East of the intersection of 131st Street (Main Street) and Meridian Street (U.S. 31) from DePauw University and Earlham College. Request to Change Zone Map Leeper is requesting that the Official Zone Map be changed to reclassify the Real Estate from the S -2 Residence District Classification to the B -2 Business District Classification to permit the development of the Real Estate as a decorating center, to be occupied by a wholesale and retail lighting business owned by Leeper and known as Indiana Lighting Center, and other businesses within the residential and commercial decorating industry. • • Members of the Carmel City Council January 22, 1996 Page 2 Informational Photographs and Drawings Enclosed for your review is an Informational Booklet prepared by Mack Architects, containing the following: 1. Aerial Photograph; 2. *Initial Site Plan; and 3. Architectural Renderings. * The Initial Site Plan was amended during the review process to provide for an increase in the proposed Green Belt adjacent to the East property line of the Real Estate. (See Tab 2 for Final Site Plan and Correspondence) Comprehensive Plan and U.S. 31 Overlay Zone Under the Comprehensive Plan Update of 1991, the Recommended Land Use for the Real Estate is Regional Commercial/Office ( "RC /O "). Regional Commercial /Office is defined as follows: "The Regional Commercial/Office category is the second new category added to the 1991 Plan and was created to indicate areas of the plan where development of regional retail and office development is appropriate. This category is predominantly used for major tracts of land along the Meridian Street corridor, the 421 Corridor, and existing or future research/office parks in the Central Section of the planning area and along 96th Street east of Gray Road." (See Tab 3 for a copy of Recommended Land Use Map.) U. S. 31 Overlay Zone The Real Estate is located within the U. S. 31 Overlay Zone ( "Meridian Corridor "), the purpose of which is to promote and encourage business uses within its jurisdictional boundaries. In addition, the requested B -2 Business District Classification is common to the Meridian Corridor, as shown on the enclosed copy of the Official Zone Map for the part of Clay Township • nearest U. S. 31. !See Tab 4.) Members of the Carmel City Council January 22, 1996 Page 3 Commitments Concerning the Use and Development of Real Estate The Applicant has filed with the Department of Community Development Commitments Concerning the Use and Development of Real Estate which summarily provide that irrespective of the uses available under the B -2 Business District Classification, the uses described on Exhibit "B" shall be prohibited (See Tab 5). Traffic Impact Analysis Enclosed for your review and consideration is a Traffic Impact Analysis ( "Analysis ") prepared by A & F Engineering. The Summary of the Analysis (page 20) provides as follows: "The development of the project will not adversely affect the operation of the public roadway system on 131st Street, Pennsylvania Street, or U.S. 31." Approval Process 4. September, 1995 - Application for Rezone filed with the Department of Community Development; 5. October 18, 1995 - Approval by Technical Advisory Committee; 6. November 28, 1995 - Public Hearing by Carmel Plan Commission; (See Tab 6 for minutes of meeting.) 7. January 16, 1996 - Vote of Carmel Plan Commission to forward application to City Council without a recommendation. (Minutes were not completed as of the date of this letter.) 8. January 19, 1996 Certification of Secretary of Carmel Plan Commission (See Tab 7). Public Notice Enclosed for your review is the Notice of Public Hearing which was timely published in The Noblesville Daily Ledger and The Carmel News Tribune. (See Tab 8 for Notice of Public Hearing.) Members of the Carmel City Council January 22, 1996 Page 4 Ordinance No. Z -312 Enclosed for your review is a copy of the Proposed Ordinance Z -312, adopting the Change in Zoning Map. (See Tab 9 for a copy of Proposed Ordinance Z-312). I am hopeful that the enclosed information will be of assistance to you in anticipation of the City Council meeting on February 5, 1996. Thank you for your consideration and valuable service to the community. Yours very sincerely, NELSON & FRANKENBERGER JJN.lh Encls. James J. Nelson NELSON FRANKENBERGER A PROFESSIONAL CORPORATION • PETITION TO CHANGE ZONING ORDINANCE Plan Commission Docket Number: NOTICE: This Application must be typewritten, accompanies by the information specified on the instruction sheet attached herewith, and filed by the legal owners of fifty percentum (50 %) or more of the real estate in the area involved in this petition by the 1st of the month. Name of Applicant: Leeper Electric Service, Inc. Phone No.: 253 -9333 Address of Applicant: 3790 Lafayette Road, Indianapolis, Indiana 46222 Name of Owner: Earlham College/ DePauw University Address: c/o David McNamee, McHale & Welsh Premises Affected, Street & No. No Common Address Between U.S. 31 and Pennsylvania Street, fronting on Main Street Lot Nos. in Addition. Metes and Bounds Description: See Exhibit "A" attached Plot Size: 4.n61a Acres Fronting on 131st Street (Main Street) Date Property was Purchased: Applicant is contract purchaser Nature & Size of Improvement Now Existing on Plot: None Approximate Cost of Proposed Improvement: To Be Determined • PRESENT ZONING: S -2 Residential District REQUESTED ZONING: B -2 Business District • Attach on a separate sheet, a detailed description of change applied for, specifying whether Rezoning and/or Amendment or Supplement to the resolutions of the Master Plan Zoning Ordinance Revised January 21, 1980. The above information, to my knowledge and belief, is true and correct. State of Indiana, County of Hamilton, SS: J Subscribed and sworn to before me this 5?-. sr day o Q( UA ( , 1995. LEEPER C SERVICE, 1NC., Applicant By: elson, Attorney for Applicant , x %lb,ee Lucille E. Hill Notary Public, State of Indiana Residing in Marion County My Commission Expires 8/5/96 A fee of $ to be paid to the City of Carmel attached hereto. • • REVISED EXIIIBIT "A" Part of the Northwest Quarter of Section Twenty -six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the curve of said right of way line an arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way line South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point, containing 4.066 acres, more or less. EXHIBIT "B" Description of Change Applied For • The Applicant is requesting a reclassification of the real estate on the Official Zone Map from the S -2 Residence District Classification to the B -2 Business District Classification. The Real Estate is located within the U.S. 31 Overlay Zone, and under the Comprehensive Plan Update of 1991 is recommended for Regional Commercial/Office use. • • • JAMES J NELSON CHARLES D. FRANKENBERGER ..:.JAMES E. SHINAVER LAWRENCE J. KEMPER of counsel JANE B. MERRILL • NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW December 8, 1995 Mr. David Cunningham Department of Community Development One Civic Square Carmel, Indiana 46032 Re: Rezone Application of Leeper Electric Service, Inc. Docket No. 92 -95 -Z Dear Dave: 3021 EAST 98th SurrE 220 • :t esi INnwvAPOUS. 1NDIANA 4628 317-844-0106 FAX: 317- 846 -8782 Please find enclosed Commitments Concerning the Use and Development of Real Estate executed by the Applicant on December 7, 1995 ( "Commitments "). These Commitments replace and supersede the Commitments dated November 2, 1995, and include, as additional excluded uses, Restaurant - Fast Food Operations, and Shooting Gallery. Please also find enclosed for filing a copy of the Recommended Land Use Map ( "Map ") which was distributed to the Special Study Committee on December 5, 1995. The Map establishes that the real estate adjacent to U.S. 31 and within the U.S. 31 Overlay Zone and identified by the color purple is recommended for Regional Commercial/Office uses ( "RCO "). The RCO designation was added in 1991 to indicate areas where development of regional retail and office development is appropriate. Finally, also find enclosed a copy of the Official Zone Map ( "Zone Map ") for the part of Clay Township lying nearest U.S. 31. The Zone Map establishes that the B -2 and B -3 Business District Classifications exist today in the U.S. 31 Overlay Zone. These two classifications are commonly associated with retail uses, and one of the parcels so dedicated is adjacent to the real estate involved. At the Special Study Committee, certain representatives of the St. Christopher Episcopal Church expressed concerns regarding the landscape buffer existing along the east property line between the real estate and the Church. As you know, the U.S. 31 Overlay Zone provides for a four -foot perimeter landscape easement, and the plan as submitted complies with such • provision. However, in order to mitigate the stated concerns and to indicate his willingness to be a good neighbor, Mr. Leeper has expanded the landscape buffer along the east property line • David D. Cunningham December 8, 1995 • Page 2 • • Re: Leeper Electric Service, Inc. from four feet to thirty feet. Please find enclosed a drawing so establishing the thirty -foot landscape buffer, as well as representative plant material which is intended. Obviously, the species of plant material and other features of the landscape plan will be reviewed again by the staff and the Plan Commission at such time as the detailed plans are completed and are presented for ADLS/DP review. If you should have any questions, please call. Thank you, and JJN.lh CC: Ramona Hancock Members of the Plan Commission With kindest regards, NELSON `& FRANKENBERGER Jades J. Nelsen NELSON FRANKENBERGER A PROFESSIONAL CORPORATION � a � � ��% � %:�:'� w ' II111111�11�:.�..: �',ii!L'lil�ll 111'�����:��� . ��i��,�:� :.�:���!�� t��i ���i is iiii,; H�]��,11)E�� uili� i i��i�li � ii�; l�i�� ■����i�� �!.I!!.I iiii�•..�.�. ... C..� : � ':� ri�;ic �. �::�� ■►t;�� � -- - —�—�_ � N � m ��i:�'�: �:3»,:;:;!>''.z'<`:' 7.;� �: ., . . r:a:c:: :4�:� :� �... .� � � >: < � � � '., ' y, �} . • L � : t . . �. �:.. � � � �i'!�. �.0 . . :.; .S �.' t� ry:..:,.:.::.�:.:•i :' � '� . ��: �: : . .. :�s... fif .� � ` L � a Y '�:% : .s� � � ts�: < >':,:� _ 1 �i.n._._a.�•.l..vJbw1► , � f '�<'Y �y : .: 4 ; �' : t �t"`'� A ' � `. f��: �������� i�� ����0� - �� •�■■n ���� ����.�;� � ��� ��i�i►�.�11 i � ��i.� , �,a ' �1, �11 " . � c � l�..���--.� �._, • COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE Leeper Electric Service, Inc., an Indiana corporation (hereafter, "Owner "), makes the following Commitments to the Carmel Plan Commission (hereafter, "Commission "). 1. Description of Real Estate: See Exhibit "A" ( "Real Estate ") 2. Docket No. 92 -95 -Z 3. Statement of Commitments A. Owner commits that the uses described on Exhibit B shall be prohibited on the Real Estate. 4. Binding on Successors and Assigns. These commitments are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate, and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by the Rules of the Commission, except that these Commitments shall automatically terminate upon the subsequent reclassification of the Real Estate on the Official Zone Map. 5. Effective Date. The commitments contained herein shall be effective upon the adoption of an Ordinance by the Carmel City Council reclassifying the Real Estate from the S -2 Residence District Classification to the B -2 Business District Classification. 6. Recording. The undersigned hereby authorizes the Secretary of the Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana, upon the granting of the approvals referred to in paragraph 5, above. 7. Enforcement. These commitments may be enforced by the Commission and the City of Carmel, Indiana. • • 8. Compliance Confirmation. The Director of the Department of Community Development, Carmel, Indiana, shall, when requested by the Owner, give written assurance, in letter form, that the Owner has or has not complied with these commitments. Executed this 12th day of December , 1995. LEEPER ELECTRIC SERVICE, INC. Robert Leeper, President STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) BEFORE ME, a Notary Public in and for said County and State, personally appeared Robert Leeper, the President of Leeper Electric Service, Inc., who acknowledged the execution of the foregoing Commitments on behalf of said corporation. WITNESS my hand and Notarial Seal this 12th day of December , 1995. This Instrument Prepared By: James J. Nelson NELSON & FRANKENBERGER 3021 East 98th Street Suite 220 Indianapolis, Indiana 46280 Notary Public, State of Ina Residing in Hamilton County My Commission Expires April 27, 1996 • • EXHIBIT "A" Part of the Northwest Quarter of Section Twenty -six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the curve of said right of way line an arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way line South 54 degrees 45 minutes 59 seconds Eases a distance of 107.61 feet; thence South 01 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point, containing 4.066 acres, more or less. • • EXHIBIT "B" Auction Room Automobile/Mobile Home Sales Automobile Service Station Automobile/Truck Repair Billiard Parlor Boarding House Boat Sales Bowling Alley Carnivals, Fairs, Circuses, Etc. Car Wash Cemetery Church, Temple, Place of Worship Club or Lodge Private Cold Storage Locker Contractor Shop, Specialized Country Club Dance Hall Dwelling, Multiple Family Dwelling, Single Family Farm Implement Sales Feed Store Fraternity or Sorority Fuel or Ice Sales Golf Course Grain Elevator Gunsmith Helicopter /Airplane Facilities Home Occupation Hotel/Motel Indoor Theater Industrial Uses, Heavy Industrial Uses, Light Junk Yard/Salvage Yard Kennel, Commercial Kennel, Residential Lumber/Yard Materials Machine Shop Mineral Extraction, Borrow Pit, etc. Mobile Home Court Mobile Home(s) (Permanent uses) Monument Sales Mortuary Sales • • Mortuary /Crematory Motor Bus/Railroad Passenger Station Outdoor Theater Penal or Correctional Institution Photo Pick -Up Station Race Track Raising Non -Farm Animals and Fowl Recreational Facility Recreational Vehicle Sales Restaurant - Fast Food Operation Riding Stables Roadside Sales Stand Sanitary Landfill/Refuse Dump Self- service Laundry Sewage /Garbage Disposal Plant Sheet Metal Shop Shooting Gallery Skating Rink Stadium/Coliseum Tavern/Night Club Tennis/Racquetball Facility Transportation Facilities (rel. to) Transportation Facilities (not rel.) Water Management/Use Facilities Water Treatment/Storage Welding Shop • • CARIMEL /CLAY PLAN COMIISSION NOVEMBER 28, 1995 CARMEUCLAY PLAN COMM SS ON /BZA UNOFFICIAL. MINUTES .. • <.{q. The meeting was called to order at approximately 7:00 PM by the President with the Pledge of Allegiance in Council Chambers, One Civic Square, Carmel, Indiana. Members present were as follows: Dave Cremeans; Jay Dorman; Judy Hagan; Ron Houck; Jeff Kennelly; Dick Klar; Alan Klineman; Barbara Myers; Jeanne Reid; Luci Snyder; Paul Spranger; and Tom Thompson. A quorum was declared. Members of the Department of Community Development present were Mike Hollibaugh; Terry Jones; and Mark Monroe. City Attorney Gordon Byers was also present. Dick Klar moved for approval of the minutes of the previous meeting; seconded by Tom Thompson, MOTION APPROVED. H. PUBLIC HEARING: lh. Commission to consider -Docket No. 92 -95 Z, a Rezone application for-Leeper Electric Service, Inc. Petitioner seeks to rezone 4.066 acres of land from S- 2/Residential to B- 2/Business. The site is located at the northeast corner of U.S. 31 and 131st Street. Filed by James Nelson of Nelson and Frankenberger. James Nelson, 3663 Brumley Way, Carmel, appeared before the Commission representing Robert Leeper. Mr. Leeper is seeking a rezone of the property and approval for the construction of a retail lighting business known as Indy Lighting, and other residential and commercial decorating businesses. The Plans for the use of the real estate as a decorating center require that it be rezoned from the current classification of S- 2/Residential to the B- 2/Business classification. Mr. Nelson displayed an aerial photograph of the real estate; a conceptual site plan; and a architectural rendering of the style and design of the proposed building. Mr. Nelson stated that if the City Council approves the Rezone classification, the petitioner would return to the Plan Commission with detailed plans for ADLS and Development Plan review. The real estate is located north of and adjacent to 131st Street, (also north of Summer Trace retirement center); east of and adjacent to U.S. 31; west of and adjacent to the St. Christopher Episcopal Church. The property is currently owned by DePauw University and Earlharn College. The 4.066 acre parcel was previously a part of a larger tract of land owned by the Hargitt family, consisting of 160 acres, and primarily located west of U.S. 31. The 4.066 acre parcel was separated from the larger tract in the early 1970's at the time the right -of -way was 1 acquired for U.S. 31. The permitted uses in B -2 are consistent with retail uses; the B -2 classification with respect to purpose and permitted uses is consistent with the Recommended Land Use under the Comprehensive Plan as being regional /commercial office; and the B -2 classification is common to the area. It is the petitioner's belief that this request is appropriate with the area today and what is planned, and that the real estate is not appropriate for the manner in which it is zoned today, S- 2/Residence District. The conceptual plan has been reviewed by the Technical Advisory Committee. There is a single point of ingress /egress to the 28,200 square foot building located midway between the east property line and the right -of -way of U.S. 31. The building is rectangular in shape and the front is oriented to U.S. 31. Parking has been placed on the east, north, and west sides of the building. The building has been set back 100 feet from the east properly line which abuts the St. Christopher Episcopal Church. In the event Pennsylvania Street should ever extend northward, the placement of the building would accommodate the extension. The building is intended to be contemporary in style and design, and would be compatible with standards established by the Overlay Zone. If the parcel is rezoned, the petitioner will return to the Plan Commission with final, detailed plans. In reviewing the B -2 classification and the list of permitted uses, the petitioner has executed a set of commitments providing for the exclusion of certain uses deemed inappropriate by the petitioner; a copy of the permitted uses and commitments is attached hereto. Members of the public were invited to speak in favor of the proposed project; none appeared. Members of the public were invited to speak in opposition; the following appeared: Thomas Poyser, 4936 Regency Place, Carmel, appeared before the Commission as a member of St. Christopher's Episcopal Church and a member of the Vestry (elected ruling body) of the Church. Mr. Poyser represented the Church in requesting an expansion of the Church's facilities to include a columbarium which required a Special Use Permit and a Variance from the U.S. 31 Overlay requirements. The Church had anticipated a change in zoning in the surrounding area, but was confident that the Board of Zoning Appeals and Plan Commission would closely scrutinize the situation. The Church is primarily concerned about the aesthetics of a strip mall at the entrance /exit of the U.S. 31 corridor; it is also felt that there is very little control as to the types of businesses in the proposed design center. It is also believed that a change in the zoning would establish a precedent for the entire Meridian corridor area; the Church is opposed to the project. Anthony F. Andres, 817 Alwyne Road, Carmel, Rector of St. Christopher's Episcopal Church, appeared before the Commission in opposition to the proposed rezoning. Father Andres asked that the Commission keep alive the vision of stewardship of the Church which does not demean but rather elevates the property. It was Father Andres' position that the Overlay Zone • • • • • Requirements were established to provide positive vision for the City, and a change in the zoning would establish a precedent which would be carried far beyond the small parcel in question. - The public hearing was then closed. Mr. Nelson felt that comments from the pubic were opinions regarding the appropriateness of the proposal. Mr. Nelson thought it was important to avoid characterizing the use of the real . estate as a strip mall; the elevations shown presented a substantial structure, backed by a lot of thought and money. The intention is that the building would be a decorating center whose major tenant is Indy Lighting; and that there will be two other tenants, both of whom would be somewhat related to the commercial /residential decorating business such as carpet, wallpaper, etc. Jeanne Reid commented about existing retail space at 131st and Meridian Streets, presently vacant, which had also been a decorative center. Mrs. Reid was concerned about rezoning to retail when existing area which is already zoned retail goes unoccupied and becomes an eyesore to the community. Ron Houck asked about a listing of permitted uses for the area. Jim Nelson responded that the building at 131st and Meridian had some problems which were financial in nature; such is not the case with this petitioner. The parcels to the immediate south, between Leeper and 126th Street on both the east and west side of U.S. 31, are also zoned B -2. It is the petitioner's immediate intention that the building would be a home for Indy Lighting as well as other decorating businesses; should it not continue as such, the petitioner would like the flexibility to convert the building to a use that would be appropriate. Mr. Nelson undertook to furnish the Commission members with a list of permitted uses. Paul Spranger pointed out that there was a five acre minimum in the Overlay Zone and since the property is under the minimum acreage requirement, Mr. Spranger was pu77Ied as to why there was no request for a variance. Mr. Spranger stated that he had real questions with the small parcel and parking area, and the fact that trucks have no room to dock and unload to service the retail area. Jim Nelson explained that the 4.066 parcel was severed from the "mother" parcel for the construction of U.S. 31 in 1971. The 4.066 parcel was grandfathered at the time the U.S. 31 Overlay Zone was adopted in 1980 and therefore exempt from the five acre requirement. Docket No. 92 -95 Z, Rezone application for Leeper Electric Service, Inc. was referred to Special Study Committee which will meet December 5th at 7:00 in the Caucus Rooms of City Hall. 3 2h. Commission to consider Docket No. 93 -95 PV, a Plat Vacation application for William Pace. Petitioner seeks approval to vacate a portion of the plat known as College Hills, (lots 17, 18, and 19) that is the site of the proposed IU Health Care Facility. The site is located on the east side of College Avenue, just south of the I -465 Overpass. The site is zoned B-3/Business. Filed by Wright and Associates. Ron Wright and Dave Schmitts of Wright and Associates appeared before the Commission on behalf of the petitioner. Kurt Cupler, practice manager for I.U. Health Care, and Jim Teske, Commercial Investment Realty, were also in attendance. The petitioner is requesting the vacation of certain covenants that were filed in 1928 as part of the College Hills Subdivision and attached to lots 17, 18 and 19. The original right -of -way for College Avenue and a right -of -way set aside for a railroad which did not eventuate, were vacated several years ago in favor of the current right -of -way for College Avenue; however, a setback line recorded with the plat was left in place. The petitioner is asking that the setback line be vacated. Mr. Wright stated that the character of the area has significantly changed with the interstate, a commercial park, and an office park. Carmel's Comprehensive Plan allows the entire area, including the subject property, to be zoned B-3/Business. Mr. Wright commented that it was in the best interests of the citizenry that these matters be vacated; however, it was felt that it was in the best interest of the public not to vacate the utility easement along the backside of the property, especially since it is planned to be utilized. The petitioner is requesting all other matters in the covenants be vacated. It is believed that there will be no negative impact on surrounding properties with the construction of a 20,000 square foot, two story building which will be a delivery system for primary medical care. Mr. Wright advised the Commission that the prior evening, the petitioner had received Board of Zoning Appeals unanimous approval for a special use permit. Members of the public were asked to speak in favor of the proposal; no one appeared. Members of the public were asked to speak in opposition to the proposed project; the following appeared: Charles Mathis, 9618 North Carrollton Avenue, stated that he was not completely against the proposal, but did have some reservations about the building and how it will affect surrounding property values; the aesthetics of the rear of the building, i.e. trash pickup; drainage of the lot; the fence which currently divides the property line; lighting to the rear of the building for security purposes; and a landscape buffer which was mentioned at the Board of Zoning Appeals meeting. The public hearing was then closed. Mr. Wright stated that currently, there are drainage problems in the area and the petitioner has talked with County Surveyor, Kent Ward, and the proposed plan takes the current situation 4 • • a• • • into account and the drainage situation should be resolved by way of a dry detention basin. The petitioner has provided for a significant buffer to the east of pine and other trees, and- ' considerable landscaping to the rear of the property as well as the front. .� Judy Hagan asked about the approval from the BZA and whether it was for site plan or use only. Mark Monroe of the Department responded that the project had been reviewed by the Technical Advisory Committee for site development as well as vacation of the plat. The Board of Zoning Appeals approved the use and landscaping, lighting, the building itself. It was Alan Klineman's understanding that the Board of Zoning Appeals had approved the Use only and not a site plan; Mr. Klineman strenuously objected to the orientation of the building, and felt that the building should be squared on the lot and a buffer provided to the rear. The parking requirements were reviewed and it was determined that the petitioner exceeds the requirement. Ron Wright stated that at the BZA meeting, the petitioner had gone into photometrics, drainage, landscaping, lighting, appearance of the building, all aspects of review, and it was his opinion that the petitioner had received approval of the site plan according to the process as it was perceived. Mrs. Reid also stated concern with the design, in that no detail was submitted, no drawing of the building. The petitioner submitted photographs of existing buildings in other areas such as shopping centers, but no detail for an independent building such as the one proposed. As a point of clarification, Gordon Byers stated that the Board of Zoning Appeals had a special use review, with 25 items of criteria. Specifically, the Board of Zoning Appeals approved the use and the plan with respect to the layout. The issue before the Commission is the removal of division of the real estate in the 1928 Plat and the restrictions. Gordon Byers commented that one finding of fact issue might be negative impairment to the balance of the plat. The sole, simple issue is whether or not the Commission should remove the plat restrictions. The current zone district is B -3. Dick Klar spoke for the Board of Zoning Appeals and said that there was no indication that the building was being approved at its meeting of the previous evening, and that the members assumed the project had to come before the Plan Commission for Developmental Standards review. Gordon Byers commented that the petitioner is desirous of cleaning up the use of the real estate and suggested that the Commission send the Docket to committee at this time. Mr. Byers suggested that if the Plan Commission so desired, new buildings proposed for 5 construction could be required for ADLS and Development Plan Review; this could be accomplished by a simple text amendment to the zone ordinance. At the request of the Plan Commission, the petitioner agreed to submit to ADLS review; Docket No. 93 -95 PV, a Plat Vacation application for William Pace, was then referred to the Subdivision Committee which will meet December 5th at 7:00 PM. 3h. Commission to consider Docket No. 94 -95 PP, a Primary Plat application for the Keen Subdivision. Petitioner seeks approval to plat 8 lots on 2.9 acres. The site is located east of Guilford Road and south of the Wilson Village Subdivision. The site is zoned R -2/ Residential. Filed by Mike Keen. Mike Keen, 5004 Wintergreen Lane, Carmel, and Stan Neal of Weihe Engineers, Indianapolis, appeared before the Commission seeking Primary Plat approval to plat 8 single family homes on 2.9 acres, located east of Guilford Road, south of the Wilson Village Subdivision. The site is currently zoned R- 2/Residential which allows a minimum of 900 square foot, one story homes and 1100 square foot two story homes. The petitioner is providing City Utilities, sidewalks, and two, one and one -half inch caliper trees per lot. The proposed development has been reviewed by Technical Advisory Committee and the petitioner reports no unresolved matters. Members of the public were invited to speak in favor of the proposed project; none appeared. Members of the public were invited to speak in opposition to the proposed project; the following appeared: Edward Kniffin, 755 College Way, Carmel, stated that he did not have any particular objections at this time; however, Mr. Kniffin did express concern regarding ground drainage because the property is low. Mr. Kniffin stated that the spring and fall can be especially problem times for drainage in the area. Mr. Kniffin also expressed concern with the size of the proposed homes as they compare to existing home sizes in the area, and the economic effect on current property values. Warren Helm, 512 Oak Drive, abutting the east property line of the proposed development, expressed major concern regarding the drainage. 1vIr. Helm stated that the developer had taken out the trees on the property and had interfered with the normal drainage built in by nature. The developer had agreed to alleviate part of the drainage, but not all. Elizabeth Hurlbut, 845 College Way, Carmel, commented that the proposed development was a total surprise when notice was received. Mrs. Hurlbut also expressed concern with drainage and agreed that drainage is a huge problem. Mrs. Hurlbut also questioned the access road from Guilford. 6 • • D. Dwayne Repass, 11608 Lake Circle, Fishers, 46038 appeared before the Commission • representing Indiana Ministries of the Church of God, 531 South Guilford. Mr. Repass stated that he had no advance notice of the proposed development, other than the meeting this -e' evening. Mr. Repass wondered if the proposed development was in any way connected with a home presently under construction off the Guilford entrance, and asked the width of the - proposed entrance. Concern was also voiced regarding the size of the dwellings in the proposed development and that the size was not in keeping with those homes currently in the area. Mr. Repass agreed with prior statements regarding drainage, and acknowledged that it is a problem in the area. The public hearing was then closed. Mr. Keen responded that he is presently remodeling an old house in Wilson Village, and that the house under construction is a "spec" home being built by him. It is Mr. Keen's intention to build homes that are from 1,500 to 2,000 square feet, and most homes will be larger than those presently in the area. Mr. Keen stated that proper notice had been given to property owners in the area, according to the law. Stan Neal responded that the street width is 26 feet, standard width for cul -de -sacs in Carmel, the right -of -way width is 50 feet. The storm drainage will operate through backyard swales into the dry detention area, and that no water from the proposed parcel will run to the south. The petitioner is proposing a dry detention area. The petitioner is guided by the requirements of the drainage rules; they cannot flood the system. Luci Snyder read a letter into the record from Harry and Jan Hope, residents of the Wilson Village Subdivision, which stated opposition to the project by reason of drainage; the fact that the Keen property has not been properly maintained for three years in respect to keeping the drains cleaned out; and concern regarding whether or not the planning, style and design of the homes will blend comfortably with the surrounding neighborhoods. Mr. Keen stated that he is trying to clean up the drainage problems; maintenance was not a priority with the previous owner of the property. Jeff Kennelly asked about the storm sewer in the area, whose responsibility it was to keep it clear, and written evidence in support of responsibility. Mark Monroe stated that the Department had visited the site. There is an established drainage easement along the property line; however, there have been some adjustments made to the elevation and structures have been built in the easement by various property owners. Mr. Monroe stated that it was difficult to have each property owner maintain the easement unless it is done for the entire subdivision. Jeanne Reid referred to John South's recommendation made at the Technical Advisory Committee meeting regarding adding sub - drainage to each and every lot; the petitioner 7 confirmed his willingness to comply -- basements should not be a problem. Tom Thompson asked about the distance between the entry and the first house to the north of the new road; Stan Neal responded that the distance from the north property line to the south right -of -way line is 50 feet. Docket No. 94 -95 PP, a Primary Plat application for the Keen Subdivision was referred to Subdivision Committee which will meet December 5 at 7:00 PM. 4h. Commission to consider Docket No. 95 -95 PP, a Primary Plat application for Tudor Commons. Petitioner seeks approval to plat 24 lots on 12 acres. Petitioner also seeks approval of a variance of section 6.3.22 of the Subdivision Regulations to reduce the length of the decel lane. The site is located east of Rohrer Road and north of U.S. 31. Site is zoned R- I/Residential. Filed by Craig Sharpe. Stan Neal of Weihe Engineers, Indianapolis, appeared before the Commission representing the applicant. Craig Sharpe was also present. Approval is being sought to plat 24 lots on 12 acres. The petitioner was granted approval from the Carmel /Clay Board of Zoning Appeals the previous evening for a variance from the requirements of the U.S. 31 Overlay Zone. The site will be served by Carmel sewers and Hamilton Western water. The existing pond on the property will be utilized for retention. The variance for the decel lane will reduce the amount of taper needed in order to maintain the side ditch drainage. There are sidewalks throughout the development. The pavement widths are 30 feet, 26 feet on the cul -de -sacs. Members of the public were invited to speak in favor or opposition to the proposed project; none appeared and the public hearing was closed. Jeanne Reid asked about the location of access to the Monon and how it will be maintained. Stan Neal responded that the access is adjacent to lot 6, by a grass walkway. Craig Sharpe, 5184 Carrington Circle stated that the common area will be utilized by all residents of the development; perhaps a small fishing dock could be installed at the corner of the pond for the benefit of those residents who are not directly on the pond. Docket No. 95 -95 PP, a Primary Plat application for Tudor Commons was referred to Subdivision Committee which will meet December 5, 1995 at 7:00 PM. 8 • • I. OLD BUSINESS: li. Commission to consider Docket No. 83 -95 O.A., Section 25.14, Premises Identification, a proposed amendment to the current Carmel /Clay Zoning Ordinance. Filed by Carmel City Council. Toni Thompson, chairman of the Special Study Committee, reported that his committee had reviewed the proposed Premises Identification Amendment and voted unanimously to recommend approval, subject to two issues: 1) where the ordinance should lie within the law; and 2) the Department of Community Development be requested to rework some of the wording in the Ordinance so that it specified clearly the intent of the Amendment. Gordon Byers commented that there is no real clear jurisdiction on the issue of identification. The attempt is to be aggressive in the area of land use and zoning, and to attempt to put premises identification on all structures for the ease and convenience of emergency personnel /vehicles. Mr. Byers wished to clarify that the law is not clear on the issue of whether or not the Plan Commission can accomplish this; however, in reading between the lines, the proposed amendment is a reasonable attempt at health, safety, and welfare, the end goal. Also, this amendment applies to existing structures, whereas most of the cases dealt with by the Plan Commission are futuristic. The Amendment, if approved, will go on to the City Council in December. Ron Houck moved for the approval of Docket No. 83 -95 O.A., Section 25.14, Premises Identification, with the changes recommended by the Special Study Committee, seconded by Jeanne Reid, unanimously approved. Terry Jones did say that he had spoken with Chief Couts and he was desirous of incorporating the Amendment in the Fire Code so that it could be enforced. Terry Jones recommended that the City Council appointment to the Plan Commission and City Attorney indicate to the Council that the proposed amendment really needs to be incorporated in the Fire Code where it would be much more workable. 2i. Commission to consider Docket No. 89 -95 ADLS, an Architectural Design, Lighting Landscaping, and Signage application for the Bennett Family Farm. The petitioner wishes to construct an entrance road into the proposed site of a church and commercial lots located in Boone County. The site is located west of Michigan Road, just west of the proposed Altum Garden's site. Site is zoned S- 1/Residential. Filed by Schneider Engineering. Dave Sexton of Schneider Engineering appeared before the Commission on behalf of the Bennett Family Farm. The Bennetts sold a tract of ground, approximately 20 acres in size, to the Zionsville Lutheran Church which is currently under construction. The petitioner is seeking approval for the construction of an entrance road which would serve the immediate needs of the Church as well as an entrance to a commercial /industrial park at a future date, 9 located mostly in Boone County except for 6 acres in Hamilton County in the Overlay Zone. Tom Thompson, Chairman of the Special Study Committee, reported on the committee's review: The proposed access is to a very substantial, new commercial district and the committee voted 5 -0 to recommend approval . Dick Klar announced his intention to abstain from discussion and voting on Docket No. 89 -95 ADLS. Ron Houck moved for the approval of Docket No. 89 -95 ADLS, Bennett Family Farm, seconded by Tom Thompson. The vote was 11 in favor, none opposed, Dick Klar abstaining, MOTION APPROVED. J. NEW BUSINESS lj. Commission to consider Docket No. 96 -95 ADLS, an Architectural Design, Landscaping, Lighting and Signage application for the Wilson Office Plaza. Petitioner seeks approval to construct a 3,217 square foot office building. The site is located in the northwest corner of the Wilson Office Plaza (northwest corner of Keystone Avenue and Carmel Drive). The site is zoned B-8/Business. Filed by Steve Wilson. Steve Harlow, 4609 Somerset Way South, Carmel, appeared before the Commission on behalf of the petitioner. ADLS approval is being sought for a 3,217 square foot addition to the Wilson Office Plaza at the northwest corner of Keystone Avenue and Carmel Drive. The proposed building will be architecturally compatible with the existing office buildings. The building will be two stories; the second floor will be leased to an, as yet, unknown tenant, the first floor will be occupied by Steve Wilson. The petitioner was granted a variance which reduced the greenbelt buffer between Mohawk Hills Apartments and the north property line of the Wilson Office Plaza to 14 feet. The lighting plan provides for four ground lights which will illuminate the front of the building; three recessed Lights above the front door; and two additional parking lights Mr. Harlow displayed the composition of the signage; the border will be bright silver, with a green background. Mark Monroe reported that the petitioner had appeared before the Technical Advisory Committee and all concerns have been addressed. Jeff Kennelly moved for the suspension of the rules in order to vote on Docket No. 96 -95 ADLS, seconded by Dave Cremeans, MOTION APPROVED. Jeff Kennelly moved for the approval of Docket No. 96 -95 ADLS, for the Wilson Office 10 • • • • Building, seconded by Jay Dorman. The vote was 12 in favor, none opposed, MOTION APPROVED. There being no further business to come before the Board, the meeting was adjourned at 9:40 PM. Ramona Hancock, Secretary Barbara Myers, President 11 • • CERTIFICATION OF CARMEL /CLAY PLAN COMMISSION'S RECOMMENDATION ON ORDINANCE TO CHANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP To The Honorable: Common Council of the City of Carmel, Hamilton County, Indiana. Dear Members: The Carmel /Clay Plan Commission offers you the following report on the application of Leeper Electric Service, Inc., such applicant petitioning the Commission to rezone the real estate described in the attached application and Revised Exhibit "A" from Existing S -2 to B -2. The Commission's recommendation on the petition of the applicant, voted at the Plan Commission's meeting of January 16, 1996, is a NO RECOMMENDATION VOTE by virtue of 5 in favor, Jay Dorman, Judy Hagan, Dick Klar, Alan Klineman, Paul Spranger opposed, Tom Thompson and Barry Krauss abstaining. DATED: January 19, 1996 JAN 1 9 1996 CARMEL /CLAY PLAN COMMISSION BY: 4%� H.K. "Tom" Thompson, President • NOTICE OF PUBLIC HEARING BEFORE THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA Ordinance No. Z-312 The Common Council of the City of Carmel, Indiana, hereby gives notice that it will hold a public hearing on Monday, the 5th day of February, 1996, at 7:00 o'clock P.M., to consider Proposed Ordinance No. Z -312 ( "Ordinance "). The Ordinance, if passed, will change the Zoning Classification of the real estate more particularly described in Exhibit "A" hereto ( "Real Estate ") in Hamilton County, Indiana, from the S -2 Residence District Classification to the B -2 Business District Classification. The Real Estate contains 4.066 acres and is located North and East of the intersection of 131st Street (Main Street) and Meridian Street (U.S. 31) in Carmel. A copy of the proposed Ordinance Z -312 is on file in the Office of the Clerk- Treasurer, One Civic Square, Carmel, Indiana 46032. All interested persons desiring to present their views on the above Ordinance, either in writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. Written objections to the Ordinance that are filed with the City Clerk- Treasurer prior to the Public Hearing will be considered and oral comments concerning the Ordinance will be heard at the Public Hearing. The Public Hearing may be continued from time to time as may be found necessary. The Public Hearing will be held in the Council Chambers, Second Floor of City Hall, One Civic Square, Carmel, Indiana 46032. CARMEL CITY COUNCIL Diana Cordray, Clerk- Treasurer APPLICANT: Leeper Electric Service, Inc. 3790 Lafayette Road Indianapolis, Indiana 46222 ATTORNEY FOR APPLICANT: James J. Nelson • NELSON & FRANKENBERGER 3021 East 98th Street, Suite 220 Indianapolis, Indiana 46280 (317) 844 -0106 OWNER: Earlham College/DePauw University c/o David McNamar, Esq. McHALE COOK & WELSH 320 North Meridian Street 1100 Chamber of Commerce Building Indianapolis, Indiana 46204 -1781 (317) 634 -7588 • • EXBIBIT "A" Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the curve of said right of way line an arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way line South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point, containing 4.066 acres, more or less. r ORDINANCE NO. Z -312 AN ORDINANCE AMENDING ZONING ORDINANCE NO. Z-160, AS AMENDED AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. Z -160, AS AMENDED, OF THE CITY OF CARMEL, AND CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT ORDINANCE NO. Z -160, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: That the zone map accompanying and made a part of Zoning Ordinance Z -160, as amended, is amended to reclassify the following described real estate from the S -2 Residence District Classification to the B -2 Business District Classification: Part of the Northwest Quarter of Section Twenty-six (26) in Township Eighteen (18) North, Range Three (3) East in Hamilton County, Indiana, described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 26; thence North 00 degrees 22 minutes 50 seconds West (assumed bearing) along the east line thereof a distance of 712.35 feet to a point on the easterly limited access right of way line for U.S. Highway 31 (North Meridian Street), said point being on a curve having a radius of 2146.83 feet, the radius point of which bears South 47 degrees 16 minutes 25 seconds East; thence southwesterly along the curve of said right of way line an arc distance of 765.78 feet to a point which bears North 67 degrees 42 minutes 40 seconds West from said radius point; thence continuing along said right of way line South 54 degrees 45 minutes 59 seconds East a distance of 107.61 feet; thence South 01 degrees 30 minutes 53 seconds East a distance of 16.50 feet; thence North 88 degrees 29 minutes 07 seconds East along the south line of said Northwest Quarter a distance of 325.87 feet to the Beginning Point, containing 4.066 acres, more or less. The above - described real estate is located North and East of the intersection of 131st Street (Main Street) and Meridian Street (U.S. 31). This Ordinance shall be in full force and effect from and after its passage. Passed by the City Council of Carmel, Indiana, on the day of February, 1996. CITY COUNCIL OF CARMEL, INDIANA By: Al lbST: Presiding Officer Diana Cordray, Clerk- Treasurer •A1 PEST: Diana Cordray, Clerk- Treasurer APPROVED: By: James Brainard, Mayor, City of Carmel