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HomeMy WebLinkAboutMinutes PC 06-20-00CARMEL /CLAY PLAN COMMISSION June 20, 2000 The regularly scheduled meeting of the Carmel/Clay Plan Commission was called to order with the Pledge of Allegiance at 7:02 p.m. in the Council Chambers of City Hall, Carmel, Indiana. President David Cremeans announced that Plan Commission meetings will be televised, beginning with this evening's meeting, by request of the City Council to encourage communication within the community. Members present were: Marilyn Anderson, Kent Broach, David Cremeans, Leo Dierckman, Madeline Fitzgerald, Wayne Haney, Ron Houck, Nick Kestner, Kevin Kirby, Norma Meighen, Bob Modisett, Jim O'Neal, Pat Rice, John Sharpe, and Paul Spranger. Terry Jones, Mike Hollibaugh, and Laurence Lillig were present representing the Department of Community Services. E. Approval of Minutes - Marilyn Anderson corrected page six, second last paragraph to read Marilyn "Anderson" not Marilyn "Fitzgerald ". Jim O'Neal made a motion to approve the minutes as corrected. Pat Rice seconded the motion. It carried by unanimous voice vote. F. Communications, Bills, Expenditures, & Legal Counsel Report John Molitor had no separate report. President Cremeans stated that most members had received an invitation from Schneider Corporation to attend a training session called "New Urbanism" on July 18 and 19, 2000 in Indianapolis. The Plan Commission will fund the fee for members wishing to attend. He encouraged all members to do so. The Wellhead Protection Task Force met last week. The position of the committee was to recommend that gas station types of uses not be permitted within the wellhead area because of environmental issues. A video is being viewed and passed between members of the Commission. The committee chairman will provide a formal position for the Plan Commission and Board of Zoning Appeals. Mike Hollibaugh introduced the new Urban Forester, Scott Brewer. As the City arborist, Mr. Brewer brings much practical experience to Carmel. Mr. Cremeans welcomed Scott Brewer to the City. s:\PlanCommission\Minutes.pc\pc2000june 1 Mr. Cremeans announced that items 9h and 10h, regarding Bill Estes Chevrolet, Inc., have been tabled to the July meeting at the request of the petitioner. G. Public Hearings Chairman Cremeans reviewed the rules for public hearings. lh. Docket No. 104 -00 Z; Rezone petition for the City of Carmel. The petitioner seeks a favorable recommendation of a rezone from I -1 /industrial and B- 3/business to C -1 /City Center on 39.55± acres. Proposal would result in the rezoning of the balance of land relating to the proposed City Center project. Filed by Mayor James Brainard of the City of Carmel. 2h. Docket No. 105 -00 OA; Ordinance Amendment petition for the City of Carmel. The petitioner seeks a favorable recommendation to amend the Carmel /City Zoning Ordinance to adopt the C -2 /Old Town District Ordinance. Filed by Michael P. Hollibaugh of the Department of Community Services. 3h. Docket No. 106 -00 Z; Rezone petition for the City of Carmel. The petitioner seeks a favorable recommendation of a rezone from I -1 /industrial to C -2 /Old Town on 2.15± acres. The site is located on the southeast corner of West Main Street and the Monon Trail. The site is zoned I -1 /industrial. Filed by Mayor James Brainard of the City of Carmel. Nick Kestner asked to be excused as he owns property in the area of Docket No. 104 -00 Z. Mayor James Brainard presented the three dockets and introduced Rick Roesch, President of the Carmel Redevelopment Commission and Les Olds, CSO Architects, master planner and architectural adviser on the City Center project. The project is an effort by the City of Carmel to work together with the private sector to build a downtown center. It will include rental and owner- occupied housing, cultural center, performing arts center, museum, outdoor amphitheater, outdoor recreation area with a large mall, along with underground or deck parking with retail on the streets with restaurants, shops, and possibly a movie theatre. This area would function as the center of the Range Line Road retail area. Mayor Brainard believes a center for Carmel is important. The City is buying the land and designing the master plan for this area that would include Georgian colonial architecture to match the City complex. City Center Drive, or 126th Street, has been built. Phase two will start in a few weeks. The City buys land, issues the master plan, and then accepts bids. A tax increment district has been established that allows the increase in assessed value in this area from the commercial buildings only. This increase, not the s:\PlanCommission\Minutes.pc\pc2000june 2 base, will fund the City's part of the partnership. The two major public components, the performing arts center and the museum building, will benefit and may be built sooner. Using a map, Mayor Brainard showed the location of the AMLI project which has been awarded. He located other projects. There will also be a 1,800 seat performance hall with a smaller drama hall for local and regional cultural amenities. He cited the proposed relocation of the bike shop owned by Mr. Kestner. All activity just north of 126 Street is conceptual in nature. He envisions a mixed use, a cultural and meeting place - -some place to call downtown. The plan allows for each of these uses. Only the City would be the applicant under the proposed ordinances. President Cremeans opened the public hearing for general favorable public comments. There were none. He called for any organized unfavorable comments. There were none. He asked for any general public comments that were unfavorable. There were none. He asked for persons wishing to make a statement for or against these dockets. There were none. Laurence Lillig stated the department recommends, on each of the three petitions, that the Commission suspend the rules in order to vote on these petitions at this meeting and further recommends a favorable recommendation be made on each to the City Council. The public hearing was closed. Bob Modisett asked for the boundaries on Docket No. 105 -00 OA. The Mayor explained C2 is the Old Town Project. Millions of dollars have been spent to rebuild street, storm, and sanitary sewers. The visual part of streetscape is the end result of that project. Merchants Square anchors the southern retail area. Old Town is the northern area and City Center is in the middle. He located Range Line Road, Main Street, and the Monon Trail. The City Council vacated the adjoining street conditional upon receiving an acceptable bid to construct a building. It will be in partnership with the private sector to fit the Old Town architecture from the 1850 to 1900 era in Carmel. The mixed use will have condominiums above and small retail stores below. This square footage would be 750 to attract small boutique businesses. The buildings will look like they were built over 150 years ago but would be brand new. The Mayor requested a zoning classification to accomplish this. Bob Modisett asked for the location of Main Street. Second Avenue SW will be vacated. The street behind it is First Street SW. The Mayor stated the transition into Industrial is not great. A task force will soon look at Old Town for those issues. The entire 2.5 -acre tract will be rezoned. It is currently zoned I -1 /Industrial. The street department facility may move to another site. Main Street traffic, in the Mayor's opinion, is kept calm by the narrow roads. Even if the rest of Main Street was to be widened someday west of the Monon and east of the High School to the river, the four -block congested area will be kept narrow. The angle parking will be increased and the City will build a municipal parking lot, perhaps near the Lions Club. s:\P1anCommission \Minutes.pc \pc2000june 3 President Cremeans asked if anyone would like to speak for or against the project. Chuck Voight, 5160 Clearlake Court, inquired about the shoe shop owner. Mayor Brainard responded that the Shoe Heeler is one of the two remaining businesses in a two block area. The beauty shop has an offer from the Redevelopment Committee. Carmel is trying to find another suitable location for the shoe repair business. There are some financial issues with Mr. Hawkins because the City has been his landlord. Carmel continues to try very hard to find a location with reasonable fiscal prudence. Jim O'Neal moved to suspend the rules. Leo Dierckman seconded the motion. It carried by unanimous voice vote. Jim O'Neal moved to send a favorable recommendation to the City Council regarding these three dockets. Leo Dierckman seconded the motion. It carried by unanimous voice vote. 4h. Docket No. 57 -00 PP; Primary Plat application for Mark Stout Development. The petitioner requests approval to plat 31 lots on 23.945± acres to be known as Hazel Dell Pond at Waterstone Subdivision. The site is located northwest of the intersection of East 116th Street and Hazel Dell Parkway. The site is zoned R- 2 /residence and is being developed as a Qualifying Subdivision under Chapter 7 of the Subdivision Control Ordinance (ROSO). The petitioner also seeks approval of the following Subdivision Waivers: 57 -OOa SW SCO 6.3.7 to plat a cul -de -sac in excess of 600 feet in length 57 -00b SW SCO 6.3.19(1)to taper the required landscape easement to under 20 feet in width 57 -OOc SW SCO 6.5.7 to orient dwellings fronting on a thoroughfare towards the street of lower functional classification 57 -OOd SW SCO 6.3.6 to plat local streets with 45 -foot rights -of -way Filed by Eric Penland of American Consulting for Mark Stout Development. Mark Harris, American Consulting Engineers, 4165 Millersville Road, Indianapolis, Indiana, presented the case and represented Mark Stout, the primary builder for the development, and Tim Pascal, also a builder. These businessmen have established a reputation of providing quality, high -end homes in Hamilton and surrounding counties. Mr. Harris introduced his associates Mike Jett and Jamie Poczekay. The proposed community will be located at the northwest corner of 116th Street and Hazel Dell Parkway. The parcel is part of a tract formerly owned by Martin Marietta that was bisected by the construction of Hazel Dell Parkway, and is zoned R -2. The process was begun last November with staff and the Engineer's office to accomplish the layout shown tonight. The surrounding subdivisions were located and identified. The proposed subdivision will be part of Waterstone Homeowner's Association. The project will consist of 30 lots on 24 acres and meets the requirements of the residential open space ordinance. Approximately 30 percent of the platted area will be open space. Dell Court s:\PlanCommission\Minutes.pc\pc2000june 4 lies in a north/south direction with Lots 1 -15 lots. Canyon Creek Run lies in an east /west direction with 16 to 30 lots. The developer proposes access from three locations. The main entry will be off Hazel Dell Parkway and aligns with the Brighton Woods Subdivision. Lake Point Drive will connect to the Lake Forest Subdivision. Windbush Way will connect to the Brookfield Subdivision. The project is an example of an infield development that abandons the relative ease of taking the next available farmland to develop a difficult and expensive parcel. Mr. Harris believes this is an excellent use for this piece of ground. Four waivers are requested due to the physical constraints of the property to enhance the development. The location of the Hazel Dell Parkway median break at the Brighton Woods entrance dictates the only logical location for the curb cut. This southern leg is 1,000 feet. All lots along this cul -de -sac can be accessed by emergency vehicles via Hazel Dell Parkway. The developer requests permission to taper the landscape easement to less than 20 feet at the northeast section of the subdivision allowing the project to conform to the natural topography of the area. The 200 to 300 -foot area tapers from twenty to two feet. Mark Stout Development would like to orient homes on lots 1 -15 to face Del Court rather than Hazel Dell Parkway. This will help maintain the integrity and aesthetic quality of the development. Approval is also requested to plat a street with a 45 -foot right -of -way. This was the recommendation of the Engineer's office to allow for more green space along the front of the lots. This efficient use of the space enhances the development. Landscaping will be provided in a 20 -foot buffer between Dell Court and Hazel Dell Parkway and in the northern buffer along Canyon Run and Brookfield Subdivision. There will also be landscaping along the entryway. Signage and lighting will be similar to the design theme at Waterstone Subdivision. The Hazel Dell Pond Association will join the Waterstone Homeowner's Association. The minimum square footage will be increased to require a total of 2,200 square feet with minimum first floor size of 1,300 square feet. All one -story homes will need to have a minimum of 1,800 square feet. The first floor of the homes must have a masonry wrap around the entire story. The average selling price of the homes will be $300,000. Mr. Harris requested the Plan Commission suspend rules and approve the primary plat application and four waivers tonight. Chairman Cremeans asked for any favorable public comments. There were none. He then called for organized unfavorable public comments. Mr. Barry Herndan, 5248 Faye Court, represented the Lake Forest Home Owner's Association. Mr. Herndan also lives in Lake Forest Subdivision with his wife, Judith. They have soil, water, traffic, and general ordinance concerns about this proposed subdivision. The prior owner operated a gravel company; there was an asphalt plant on s:\P1anCommission \Minutes.pc \pc2000june 5 the south side of lake. Mr. Herndan asked the committee to consider hazardous wastes and emissions. He wants soil tests conducted. John South, Hamilton County Soil & Water, recommended soil testing and expressed concern about water levels in his letters of February 5 and 12, 2000. He used the words a "disturbed site" to describe the parcel. The two lakes now have a berm between them. At one time, there was one lake. It was filled in by American Aggregate, with the permission of the owner, by putting a berm of sand and soil on top. Any water put into the Lake Forest lake goes to the lake in the proposed development. There is an underground connection through the aquifer and seepage through the berm that connects the lakes. Mr. Herndan is concerned with possible contamination. In a letter written February 11, 2000 the Carmel Engineering Department expressed serious concerns about the water level, the table, and changes that may happen when the Stout development modifies the lake and its effects on the neighboring ponds. Notes from the February 16, 2000 Technical Advisory Committee stated the petitioner will work with neighboring subdivisions to the west, Lake Forest, to fill the pond, maintain circulation, and recover to original water level. There has been no communication. The developer's comment is that the water problem was there before and he has offered nothing. Mr. Herndan wants the developer's promises to be part of his commitment in his petition. The other issue is with traffic. This 30 -lot subdivision has two in and out points; one on Hazel Dell and one on Windbush going out to the north in Brookfield Subdivision. A third location was mentioned on Lake Point Drive that winds through Lake Forest north and is now a stub street. There are 148 lots in Lake Forest with only three exits. He thinks two access roads are sufficient for 30 lots and it should not be necessary to open Lake Point to the north. It could be an emergency access only if safety is an issue. That would solve traffic problems for Lake Forest and prevent any cut throughs. Mr. Stout indicated agreement during a homeowner's meeting. Ordinance compliance is the last concern. The ordinance asks whether approval will be injurious to the public health, safety, and general welfare of the community. Traffic, soil, and water fit into this. Whether the value or use of an area adjacent will be adversely affected, soil, water, and traffic are other serious considerations. Also, the Commission must determine if there is a hardship on the developer if the variances are not granted. There is none, if the number of lots is reduced so soil does not have to be moved or lakes filed to create more marketable lots. Mr. Herndan asked the commissioners to consider the owners living there now. Finally, the developer is joining Waterstone and this is acceptable to Lake Forest Homeowner's Association. Stout Development is paying $40,000 to the association. A total of $10,000 is designated to create a berm/buffer on the south side of Brookfield. Nothing is being done for Lake Forest Subdivision. Mark Studebacker, 12431 Spring Brook Run, lives in Brookfield Subdivision behind this proposed development. He asked the committee to table the case based on the fact of possible litigation against their Homeowners board. The board voted in this subject development by Mr. Stout without the voting approval of the homeowners themselves. s:\P1anCommission \Minutes.pc \pc2000june 6 The board president presented the owners with two options, approximately three months ago, with the 11 lots directly affected by the proposed development. They voted for the option of a landscape mound, fence, and trees. That is no longer being offered. The money, offered by Mr. Stout to join the community, will no longer be earmarked totally for the 11 homes directly affected by the proposed development. Mr. Studebacker is also concerned about the straight runs with no curves to slow down traffic. Waterstone has three exits and entrances for approximately 600 homes. He questioned making an exception for the length of the cul -de -sac and suggested two entrances on Hazel Dell. He questioned the compromise of the landscape width on a mound. There are 13 lots on Hazel Dell with 35 trees designated. The 11 lots in Brookfield will have 9 trees. Brookfield homeowners will be most negatively affected. He asked that the Lake Forest entry be closed only when Windbush Way is considered first and foremost as no traffic will be going through Lake Forest if that exit is closed. The Brookfield homeowners will have a street behind their homes with only nine trees as a buffer. The original offer was $40,000 to be used as landscape mounding which is no longer an option according to this board. Mr. Studebacker asked that the issue be tabled. President Cremeans asked for any unfavorable general public comments. Marty Bollin, 5238 Lake Point Drive, moved to Carmel last year. His real estate agent stated the land behind his home would never be developed. The request for waivers covers the fact that this land should not be developed. It is an eyesore for the City of Carmel. Daniel Kane, 12419 Spring Brook Run, said his home is adjacent to Canyon Creek Run. The developer is asking for four waivers because this is a unique piece of property. The commission will be able to recognize that Canyon Run will be an entrance ramp onto Hazel Dell Parkway. Canyon Run will attract a lot of traffic that will run through their backyards. The name of this proposed development is Hazel Dell Ponds of Waterstone. However, it is not an endorsement by homeowners of Waterstone. This was accepted by the board of directors not the voting members. Mr. Kane does not think his board negotiated in good faith for the safety and well being of the residents of Brookfield. Michelle Ako, 12435 Windbush Way, represented several of her neighbors. They have great concerns about the traffic situation in linking through to Hazel Dell. They purchased their homes on Windbush because it was not a through street. This proposal makes it a through street for the 600 homes over to Hazel Dell. They are adamantly opposed. Bob Estes, 12413 Spring Brook Run, is the treasurer of Waterstone. Carmel City Engineer Kate Weese explained at a board meeting that the Lake Forest easement was essential to the Stout development. However, if that easement was not approved, how is the development able to proceed? The board decision was made based upon the fact that nothing could be done. Mart Stout told the board that he did not need their easement. Consequently, to protect the community, it was decided to make the Stout development a part of their community and then they could have some architectural control. They could s:\PlanCommission\Minutes.pc\pc2000june 7 at least have a say in decisions. The street will not be constructed at the gravel pit road. The tree -lined lots in Brookfield are 13 feet from where the road will be. Traffic will be fast on the 1,500 foot straight away; it is an accident waiting to happen. Mr. Estes is concerned, as a homeowner, that if the board decides not to install in an adequate type of buffer, then homeowners will put in different types of fences along the road. The developer should be forced to install a fence for safety reasons and the aesthetic value of the neighborhood. It will look like a hodge podge without a uniform design. William Burgess, 12415 Springbrook Run, wanted to emphasis the safety issues. The owners bought their properties because they wanted the aesthetic value of the land behind their homes. The proposed 1,500 foot road will become a drag strip. They have nothing in writing from Mark Stout. This is an odd parcel of land that adversely affects their neighborhood. Mr. Burgess is very opposed to this subdivision. Vince Welch, 12417 Springbrook Run, acknowledged that he is not an engineer and the commission is more familiar with proceedings. However, he is the parent of two small children. He asked the commission to consider safety issues. They were told that the land behind their home would not be developed. Mr. Welch admitted it was their own fault to believe this. He does not think the design is appropriate. Arlene Kane, 12419 Springbrook Run, stated that Carmel writes Ordinances for builders to ensure quality. The petitioner is requesting four waivers for just 30 homes; this sets a precedent for such a small development. Dave Cremeans explained the process. He encourage interested citizens to submit their names for future Plan Commission vacancies. Carmel has a very fair process. The community has been developed in a very organized manner. The case will probably be sent to the Subdivision Committee and will be worked upon there. The public hearing is being conducted tonight that provides the chance to express concerns. These questions will be answered in Committee. Mr. Cremeans stated he could not promise outcome. But, the Subdivision Committee has dealt with thousands of homes in Carmel and they know the ordinances. Letters and e -mail are part of the record to also be reviewed. Mr. Cremeans called for a maximum of five minutes of rebuttal from the petitioner. Mark Harris said that a Phase I Environmental Assessment showed the property is clean. Any fill in of the lake will only be done with appropriate local and county permits. Most likely "clean fill" will be brought in. Mark Stout has a signed agreement with the Waterstone Board. A water line has been installed through his property to fill the pond. He is working with the City to establish an easement set aside for that pipe. Relative to the easement required from the Lake Forest development, this is only one of the options. There are other options also available. There are utilities only on one side of the roadway as they need to service only one side of the road. That facilitates a smaller right -of -way. Tim Pascal, 8703 Sergeant Creek Lane, Indianapolis, stated he has been a developer and builder in the Indianapolis and Carmel area since 1976. This is his fifth subdivision. The s:\P1anCommission \Minutes.pc \pc2000june 8 Commission understands the difficulty of dealing with each individual on complaints. He has tried to work instead with the Boards of Waterstone and Lake Forest. They have met with the Homeowner's Association of Lake Forest and answered a lot of questions being asked this evening. An easement agreement was not validated because the Lake Forest Board could not get a quorum of voters to authorize them to do anything for or against this subdivision. He is the father of three children and is listening carefully. His plan shows extensive landscaping. There is an existing row of mature trees. They would like to add spruce trees, burning bush, and hedgerows to almost create a fence. It would do a nice job of creating green on their side and also keep children in their yards. Laurence Lillig stated the Department does not have the most current version of the landscape plan or the signage plan. He requested them. The Department does not support the request to suspend rules and recommends the matter be sent to the July 11, 2000 Subdivision Committee meeting for further review. The public hearing closed. Mr. Cremeans listed the dates and locations of the committee meetings. He said these are open meetings but not public hearings. These are working sessions to iron out differences. Ron Houck moved to support the department's recommendation to send this matter to Subdivision Committee. Norma Meighen seconded the motion. Pat Rice commented that building proposed homes to face back yards is strange. She does not think this is appropriate. A similar situation exists at near 96th Street and Westfield Boulevard. Marilyn Anderson requested the developer bring his visual displays and landscape plans to the Committee meeting. Norma Meighen asked that examples be sent to member's homes prior to the meeting to give them an opportunity to study the plans. Wayne Haney asked for preliminary environment impact reports, soil test, and alternative sewer provisions being considered. Ron Houck inquired whether these items have been submitted for review. Laurence Lillig said the department had not received the environmental report or a further review from John South at Hamilton County Soil and Water. There are two other letters from John South in the file. Madeline Fitzgerald asked is a Level 1 Soil Test was sufficient. She asked for more neighborhood meetings. Nick Kestner inquired if any traffic studies had been conducted. There are none. Dave Cremeans moved the matter to the July 11 subdivision committee meeting. s:\PlanCommission\Minutes.pc\pc2000june 9 5h. Docket No. 77 -00 OA; Ordinance Amendment petition for the City of Carmel. The petitioner seeks a favorable recommendation to amend the Carmel /Clay Zoning Ordinance to adopt the OM /Old Meridian District Ordinance. Filed by Michael P. Hollibaugh of the Department of Community Services for the Old Meridian Task Force. 6h. Docket No. 78 -00 Z; Rezone petition for the City of Carmel. The petitioner seeks a favorable recommendation of a rezone from S -2; R -1; R -3; R -5; B -1; B -2; B -3; B -5; B7; I -1; M -3; and PUD to OM on 370.35± acres. The site is zoned S- 2 /residence; R -1 /residence; R -3 /residence; R -5 /residence; B- 1/business; B- 2/business; B- 3/business; B- 5/business; B- 7/business; I -1 /industrial; M- 3 /manufacturing; and PUD /planned unit development. Filed by Michael P. Hollibaugh of the Department of Community Services for the Old Meridian Task Force. Mike Hollibaugh presented the two dockets together. He explained that this appears to be a complex rezone and ordinance amendment for Old Meridian district. The ordinance amendment and zone map amendment petition is one piece of City's implementation plan to put the Old Meridian plan in place. Mr. Hollibaugh cited the display on the screen. The zone ordinance that was tabled in May puts the muscle, flesh, clothes, and makeup on the policies that were adopted on the Comprehensive Plan for these different land use categories. They are the village, the mixed -use zone, the single family attached and multi families, the special use district, the office district, and the open space. The zone map was displayed on the overhead. The delineations for the various zone districts correspond very closely with the land use map that was just displayed. The zone ordinance does establish more detailed guidelines for the overall district and has individual specific ordinance requirements of the subdistricts. The ordinance was tabled last month at the request of the department and the Old Meridian Task Force because a number of the details had not been worked out. Carmel has been working with landowners trying to do fine tuning to make the ordinance workable and consistent with the policies adopted. However, this is not complete. Mr. Hollibaugh requested the Commission hold the hearing open until next month. This will provide an opportunity to get the ordinance amendments out to the Commission members. David Cremeans asked for general public comments that are favorable. There were none. He called for organized unfavorable comments to the amendment. Tim Oaks, Ice Miller Donadio & Ryan, spoke on behalf of Buckingham Companies. They want Carmel to work out issues with individual property owners. His client is a landowner. Mr. Oaks agreed to work with the Task Force and wishes to get his client's concerns on record. Mr. Cremeans called for public comments that are unfavorable. s:\PlanCommission\Minutes.pc\pc2000june 10 Jim Canull, a realtor at 127th and Old Meridian, has been at the location for four years and has seen the traffic flow increased substantially. He is concerned about the number of street cuts intersecting between Carmel Drive and Old Meridian. It is difficult to pull out of their driveway. The street has become a raging stream. He believes a traffic study should be conducted and asked the Commission to look at the number of street cuts. Attorney John Smeltzer, Bose McKinney & Evans, represented the doctors at North Side Animals Hospital. The current zoning of B -3 lists 145 uses for that property. Under the new, proposed zoning there are ten uses. These are almost all civic: libraries, hospitals, and other huge uses that do not fit his client's needs. They cannot do much with the 1.9 acres to expand their clinic or rebuild it. Under this proposed ordinance it would not be allowed. They wish to work with the Commission on an alternative. President Cremeans called for any other remonstrators. There were none. He moved to the petitioner's rebuttal. Mike Hollibaugh addressed the comments. Carmel will continue the process by working with land owners. Regarding Mr. Canull's concern, the City has not done a traffic study for this project. However, the City has committed to a number of infrastructure improvements which maximize options as far as traffic movement through the area and respond to additional development. There are plans that are not committed to financially. However, U.S. 31 Task Force along with the Plan Commission has retained an engineering firm to work on designs to continue a dialog with the State of Indiana on their proposed freeway upgrade. There are proposed interchanges that would allow for full movements onto U. S. 31 as well as tying into Illinois Street. The City is trying to make that happen. Carmel is improving the connectivity of Pennsylvania Street so that a much of the traffic that has to go north can take Pennsylvania and distribute to other areas. The City is committed to improve Old Meridian Street, to allow better traffic flow in those areas, and make intersection improvements at Main Street and Old Meridian. Cannel is trying to match the potential for development that will occur in that area. Dialog will continue with the animal clinic Dave Cremeans will keep the public hearing open and moved the matter to the Special Study Committee on July 11, 2000. Jim O'Neal asked the Commission and department to work with the veterinarians and inquired about the service station. Mr. Hollibaugh responded that the commitments were amended in 1998 to allow that service station to occur in that area. There was some discussion to move it on to the Old Meridian Street. Staff met with the Special Study Committee to try to get a favorable viewpoint opinion to relocate the service station to Pennsylvania Street. They reluctantly allowed that idea to proceed and are working on plans for the corner of Pennsylvania and Carmel Drive. Ron Houck knows some properties are affected by the changes to Old Meridian. He is concerned that there is no thoroughfare analysis other than what was done in conjunction s:\P1anCommission \Minutes.pc \pc2000june 11 with this. It seems reasonable to consider a different configuration that might be better. He asked if consideration had been given to what the intersection should look like in terms of signalization, traffic control, and the number of cuts onto Old Meridian. There should be a study to strengthen the design or show possible improvements. Dave Cremeans said the City Engineer has considered this but a third party study was not done. Mike Hollibaugh will look into that. Pat Rice agreed with the comments regarding the Meijer station. Plan Commission worked a long time to find something that was acceptable to everyone. She wondered what happened to that work and how did it get into another jurisdiction. Paul Spranger stated it has not gone into another jurisdiction. He remembers it was not to go up against Pennsylvania but to be shifted somewhat. He was not supportive of Meijer service station on or near Pennsylvania Avenue. Madeline Fitzgerald does not remember that the special studies committee said it should go farther and be pursued going on to the street. Paul Spranger said Meijer made a presentation, set forth a few options, and that is where the discussion ended. Dave Cremeans believes it occurred at a regular, 7:00 p.m. meeting. There were two or three scenarios. One being on Meridian, one on Pennsylvania, and one being a no man's land in between. Bob Modisett said the discussion occurred at a 7:00 p.m. He is in favor on it being on Pennsylvania and Carmel Drive. He hopes the discussion continues in Special Studies. 7h. Docket No. 79 -00 Z; Rezone petition for Essex Corporation. The petitioner seeks a favorable recommendation of a rezone from R -1 to B -6 on 5.00± acres in order to build a 72 -room, 99,000- square -foot retirement facility to be known as Carmel Oaks. The site is located a 1011 South Guilford Road. The site is zoned R- 1 /residence. Filed by James J. Nelson of Nelson & Frankenberger for Essex Corporation. Attorney Jim Nelson presented the docket on behalf of the Carmel Oaks. He introduced Sam Essex and Craig Witts from the Essex Corporation. An informational booklet was previously given to Plan Commission members, the petitioner met several times with residents of Lennox Trace, and had individual meetings with single family owners to the north. Essex Corporation is a full service provider of housing needs for senior citizens. The independent living retirement facility will have 72 residential apartments located in a single building in the 1100th block of South Guilford, and will vary in height between two and three stories. Other services will be provided as required by the residents. A typical resident of Carmel Oaks would be a single person or couple between the ages of 70 and s:\P1anCommission \Minutes.pc \pc2000june 12 80. The requirement being that all residents be over 55 years if age. It will not be an assisted living, or nursing home, but rather an independent living retirement facility. An aerial photo was displayed to describe the five -acre site location. It is zoned R1 today, as was the entire area before changes of the early 1970s. The petitioner requests a change to B -6 to provide for a retirement center. Essex Corporation will make commitments to this as the only use, to a site plan, the architecture design, size, and dimension of the buildings. Mr. Nelson reviewed the surrounding uses including two residential homes to the north. The real estate in general has experienced substantial change from single family to multi family, business, light commercial and limited retail. This is being encouraged by the zoning of the 330 -acre Carmel Science and Technology Park and Meridian Technology Center. Mr. Nelson believes the comprehensive plan supports a retirement center. The area is designated for uses of low intensity, regional commercial employment. A rezone is requested because the parcel is in an area that is encouraged by the Comprehensive Plan. While it is appropriate for existing single family homes, it is unlikely that this parcel would in the future be used for a single family residence. The existing homes will convert as times change. A site plan was displayed. Essex Corporation has agreed with nearby resident, Richard Johnson, to reconfigure the site. A revised site plan will be filed with the Department and Special Study Committee. There will be a single entrance and single building that orients to the north property line to face Mr. Johnson's home with additional landscaping along the property line as well as a fence. In regard to Lennox Trace, the landscape plan has been upgraded to provide for mounding and landscaping adjacent to Guilford. Five other issues will be addressed in the revised plan. The building has been redesigned slightly at Mr. Johnson's request. The side wings will be two - stories in height; the rear will be three. There will be underbuilding parking for 72 spaces. The traffic impact is favorable based on statistics and operating experience of Essex Corporation. Because of the age of the residents, most do not work, there will group transportation, consolidation of trips, no children, and limited staff. The traffic impact is minimal and will be less than if developed as it is zoned today. There have been many meetings with neighbors. Essex anticipates a committee meeting on July 11th. All issues are not resolved, but they will work toward consensus. Mr. Nelson requested the case be forwarded to the Special Study Committee. Chairman Cremeans called for any general public comments that favor the petition. Richard Johnson, 929 South Guilford Road, said he will never like this project. However, to make the best of this situation, he will work with the Essex Corporation and Mr. Witts. There is a shared 400 -foot property line. Mr. Johnson cited his earlier letter. They are opposed to the classification but are working with the developer. The Johnsons have lived in their home since 1980 and wish to continue living there. They met with the Hamilton County Drainage Department to make certain there would be no disturbance in drainage. They consulted with the County Highway Department and traffic engineers to check figures. They talked to residents in other states who live next to Essex communities. The flip flop of the building puts the three -story section back another 80 feet from his house plus the original 60 feet. A privacy fence will be installed. This process has been a gradual acceptance of facts, the lesser of many evils. The biggest issues are size of the facility and multiple stories. One item that was not mentioned, is s:\P1anCommission \Minutes.pc \pc2000june 13 the filing of a binder of commitment that the rezone to B -6 would be contingent upon the construction of an independent living facility only. This might be similar to a deed restriction. If rezoned, residents should be aware of coyotes living only 60 feet away from their facility. They should be told not to feed the coyotes. Basil Duke, 11715 Brockford Court, at Lennox Trace, is a resident of the 160 -condo project. He speaks for himself not the association and wishes to negate the rezone from R -1 to B -6. This is a is residential area once one leaves Carmel Drive except for a one story business structure on the southeast corner. He further cited surrounding businesses. The last County Highway traffic count in 1998 showed a total of 4,056 vehicles in a 24- hour period. There is a projected three- percent increase in the flow in year 2001 for a total of 5,305 vehicles on an average day. He believes this is a high volume for a 10 -foot off center road. Mr. Duke inquired about taper and decel /accel lanes and cited the 40 mph speed limit. On the southeast side of Guilford there is a PSI habitat. He cited the May 31, 2000 letter written by Steven J. Broermann of the Hamilton County Highway Department and it's comments. Mr. Duke feels there are too many retirement apartments in this area of Carmel. With no other comments, the Chairman asked for the petitioner's rebuttal. Jim Nelson stated commitments will be filed that will restrict this real estate to the requested use as a retirement center only. In regard to Basil Duke's comments, Mr. Nelson stated his home, Lennox Trace, was the last parcel to be rezoned. Prior to its current use, the parcel was zoned R1 and reclassified to permit multifamily use. This is further evidence that the area is changing. It is Essex Corporation's intention to ask for annexation and then roadway improvements will be under the auspices of the City Engineer not the Highway Department. They will dedicate whatever right -of -way is requested. The traffic impact is minimal and does not warrant accel and decel lanes. However, now that the building is flipped, they will provide a decel lane. Lennox Trace residents are opposed to the passing blister. The petitioner does not believe the City will require its installation. Laurence Lillig requested the revised plans be delivered to the department in sufficient time to allow for review prior to the July 11 committee meeting. Plans should also be sent to Technical Advisory Committee members and Plan Commission members. The department recommends the matter be sent to the July 11, 2000 Special Study Committee meeting. The public hearing closed. Ron Houck inquired why no accel and decel lanes were not planned. Jim Nelson said Essex Corporation never contemplated these lanes as they feel the width of the property prohibits this. Craig Woods, Essex Corporation, said the issue was discussed as to whether it was necessary to provide a passing blister on the other side as well. All of the Lennox Trace s:\P1anCommission \Minutes.pc \pc2000june 14 individuals did not see a need for it. Ron Houck clarified that his concern was about the accel and decel lanes. The Highway Department recommendation came after TAC. Mr. Nelson said they will address the issue before the committee meeting. Pat Rice thanked Jim Nelson for working with the neighbors. 8h. Docket No. 80 -OOa SW; Subdivision Waiver application for Plum Creek Partners, LLC. The petitioner seeks approval to plat 6 lots on 14.738± acres to be known as Hazel Dell Corners Subdivision. The site is located on the northwest corner of East 131st Street and Hazel Dell Parkway. The site is zoned B- 3/business. The petitioner also seeks approval of the following Subdivision Waiver: 80 -OOa SW SCO 6.5.1 to plat Lot 4 with 0' of frontage on a right -of- way. Filed by J. Cort Crosby of Schneider Corporation for Plum Creek Partners, LLC. Corby Thompson, Plum Creek Partners, presented the project. "Staff Comments" asked that 8h. and 2i. be heard together. President Cremeans agreed. 2i. Docket No. 80 -00 PP; Primary Plat application for Plum Creek Partners, LLC. The petitioner seeks approval to plat 6 lots on 14.738± acres to be known as Hazel Dell Corner Subdivision. The site is located on the northwest corner of East 131st Street and Hazel Dell Parkway. The site is zoned B -3 /business. The petitioner also seeks approval of the following Subdivision Waiver: 80 -OOa SW SCO 6.5.2 to plat Lot 4 with 0' of frontage on a right -of -way. Filed by J. Cort Crosby of Schneider Corporation for Plum Creek Partners, LLC. Laurence Lillig explained that last month there was a separate hearing for subdivision waiver and was asked at that time why the primary plat was not under Old Business separate from the subdivision waiver. To avoid confusion they are separated. This matter has been to the subdivision committee and received a favorable recommendation. It is Old Business. The hearing on the subdivision waiver was not held last month. It will be held now. Mr. Thompson proceeded with his presentation. Cort Crosby, Schneider Corporation, displayed an aerial photo to identify location. It is part of the original 530 -acre Plum Creek project. This is the commercial portion that was zoned in 1995. The Mitchener Ditch travels through the project. The petitioner will provide for pedestrian access up through this neighborhood and across to Plum Creek as well. The pedestrian trails will be extended along 131st Street and Hazel Dell Road to make this a pedestrian - friendly, accessible, neighborhood retail center. The layout of the subdivision was displayed. The waiver is for lot 4 that has no frontage on a dedicated public street (131st nor Hazel Dell). Because it is accessed by a private drive internal to the project, the waiver is necessary. Every B -3 use comes before the Plan Commission for public hearing and ADLS. Mr. Thompson acknowledged concern over a particular use at this site. There is water well at the southeast corner of 131st Street and Hazel Dell Road. In a prior partnership in which s:\ P1anCommission \Minutes.pc \pc2000june 15 Corby Thompson was associated, that well site was donated to the City of Carmel. Indianapolis Water Company approached that partnership and wanted to purchase the water rights. They were not sold to Indianapolis Water; they were given to the City of Carmel. There has been some speculation about a service station at this site. Mr. Thompson was not able to attend the recent wellhead protection meeting. There is a 15 million gallon, per day fresh water aquifer underneath this property. Corby Thompson does not think it makes sense to have a service station on this site. It may make sense from a zoning /planning point of view. Engineers state that the water can be protected. However, as long as Plum Creek Partners is involved with this property, they will not entertain any negotiations with a service station on this site. A public hearing for the waiver opened at 9:47 p.m. There were no favorable general public comments, there were no unfavorable organized comments, and there were no unfavorable general comments. There were no questions from Plan Commission members. Laurence Lillig said staff recommends that the Commission suspend the rules to vote on this item tonight and further recommends that the waiver be given favorable consideration. The public hearing closed. David Cremeans decided to consider the matter as Old Business as well and asked Mr. Houck for a committee report. Ron Houck stated the matter was heard at Subdivision Committee last month. The primary plat and subdivision waiver were considered and given a unanimous favorable recommendation to the Plan Commission. Bob Modisett moved to suspend the rules. Mr. Springer seconded the motion. It carried by unanimous voice vote. Ron Houck moved to approve Docket No. 80 -OOa SW. Norma Meighen seconded the motion. Mr. Houck moved to amended his motion to include Primary Plat as well as the Subdivision Waiver. Norma Meighen seconded the amended motion. President Cremeans asked if this was a good time to exclude gas station usage at this location. Laurence Lillig answered that it was, if the Committee wished to place that condition. However, the Wellhead Protection Committee is drafting an ordinance that would accomplish the same thing. But, the petitioner did state that a gas station was not for consideration. David Cremeans would prefer to approve the primary plat with the following specific condition, as agreed to by the petitioner, that no gas station be on this property. Corby Thompson did not understand the necessity of it but he agreed and asked counsel if that was appropriate to do at this level. s:\P1anCommission \Minutes.pc \pc2000june 16 Attorney John Molitor responded that at the platting stage a use cannot be excluded. But, the petitioner could be asked if he was willing to accept, as a condition of approval, the exclusion of a service station at that site. Mr. Thompson accepted. Houck amended his motion to exclude use of gas station at this site. Norma Meighen seconded the amended motion. Mr. Thompson added, from a historical standpoint, that in 1995 there was a specific request from the Plan Commission for a gas station at this site. He believes this shows how times change. Written ballots were distributed. Mr. Houck repeated his motion. The motion was made to approve Docket No. 80 -OOa Subdivision Waiver and Primary Plat conditioned upon the understanding that a gas station would not be a permitted use for this parcel. Marilyn Anderson counted the ballots and stated that 10 approvals carried the condition that a gas station not be permitted. The other three ballots do not have the condition attached but are for approval of the waiver and the plat. Mr. Molitor clarified that the motion was with the condition attached. Consequently, the votes are in favor of the motion. 9h. Docket No. 83 -00 PP Amend; Primary Plat Amendment application for Estes Chevrolet. The petitioner seeks approval to replat North American Park, Lot 3 The site is located at 4102 West 96th Street. The site is zoned B- 2/business and is located within the US 421 Overlay Zone. Filed by Gary Murray of Paul I. Cripe, Inc. for Bill Estes Chevrolet, Inc. The matter was tabled. 10h. Docket No. 84 -00 DP /ADLS; Development Plan and Architectural Design, Lighting & Signage applications for Estes Chevrolet. The petitioner seeks approval to establish an automobile dealership at North American Park, Lot 3. The site is located at 4102 West 96th Street. The site is zoned B -2 /business and is located within the US 421 Overlay Zone. Filed by Gary Murray of Paul I. Cripe, Inc. for Bill Estes Chevrolet, Inc. The matter was tabled. s:\PlanCommission\Minutes.pc\pc2000june 17 1 lh. Docket 87 -00 PP Amend; Primary Plat Amendment and Subdivision Waiver applications for SCM Development. The petitioner seeks approval to orient the residential structures on Lots 1 and 6 in Springwood Subdivision toward the road of lower functional classification (internal private street). The site is located northwest of the intersection of West 106th Street and Spring Mill Road. The site is zoned S -2 /residence and was approved as a Non - qualifying Subdivision under Chapter 7: Open Space Standards for Major Subdivisions (ROSO). The petitioner seeks approval of the following Subdivision Waiver: 88 -OOa SW SCO 6.5.7 to orient dwellings toward the road of lower functional classification. Filed by James J. Nelson of Nelson & Frankenberger for SCM Development. Attorney Jim Nelson addressed the Commission for SCM development. In March of this year the Commission approved a Primary Plat along with several variances from the residential open space ordinance providing for a 13 -acre residential community called Springwood. It is north of 106th Street and west of Spring Mill. The real estate will be divided into six large home sites. A substantial feature includes a brick and wrought iron screen wall along Spring Mill Road and a substantial entrance treatment. The Department informed the petitioner that a variance was needed. From the inception, it was planned that all lots would be accessible from a private interior road to be known as Winding Lane. Section 6.5.7 would require, if strictly applied to the parcel, lots 1 and 6 to face Spring Mill Road. This is not consistent with their plan or intent. A variance is needed. David Cremeans opened a public hearing and asked for general public comments favorable, any organized remonstrance unfavorable, general public comments, or any questions. There were none. Laurence Lillig said the staff recommends favorable consideration of these petitions and suspension of the rules. Jim O'Neal moved to suspend the rules. Mr. Houck seconded the motion. It carried by unanimous voice vote. Ron Houck moved to approve the amendment and waiver. Marilyn Anderson seconded the motion. Written ballots were distributed. Marilyn Anderson read the ballot results. They were Yes -13, and No -0. 12h. 114 -00 DP Amend /ADLS Amend; Development Plan Amendment and Architectural Design, Lighting & Signage applications for St. Vincent's Carmel Hospital. The petitioner seeks approval to expand the existing hospital facilities on 39± acres. Filed by Becky R. Feigh of BSA Design for St. Vincent's Carmel Hospital. Jim Nelson represented St. Vincent's Carmel Hospital. He introduced Mike Chittenden and Margaret Kaiser, from the hospital, and Becky Feigh, BSA Design. Mr. Nelson cited s:\P1anCommission \Minutes.pc \pc2000june 18 their information booklet to expand the hospital and related facilities located at 13500 North Meridian. The hospital plans were originally approved in 1982. He referred to the aerial photo of the 30 -acre hospital campus. The zoning is B -6. The plan is to expand the hospital and provide more space for new and existing departments to provide expanded medical services. There are four components. They are the expansion of the hospital, the expansion of the two connected office buildings, the addition of a small maintenance building, and adjustments to the site with respect to landscaping and lighting to accommodate those additions. The new hospital addition will be in the southeast corner of the site. To the west and south end of the property is the area for expansion of the surgery depaitment. The end portion will be a three -story addition to two professional office buildings. They will be connected and will become one building. The maintenance facility, which will be set into mounds and heavily landscaped, is located at the western end of the property near the tip of the triangle. Parking to accommodate the expansion will be to the western end of the parking area and to the east of the existing parking area. There will be 295 additional parking spaces. The architectural design was represented by a series of drawings and displayed by Becky Feigh. A maintenance facility is drastically needed by the hospital. It will be 1,500 feet in size and heavily landscaped so that only five feet of building will be in view. The parking and lighting consistent with what is currently used. They will meet the 31 Overlay Zone requirements for landscaping. The petitioner has met with the neighbors several times. David Cremeans asked for general public comments that were favorable, organized remonstrance that was unfavorable, general public comments that were unfavorable, or any questions. There were none. Laurence Lillig said the department recommends the matter be sent to the July 11, 2000 Special Study meeting for further review. The public hearing closed. Mr. Nelson said the lighting fixtures would be the same as used today. The new finish on the building will be more ornamental with a slight difference in color. Becky Feigh, BSA Design, described a decorative precast banding that will be incorporated in the hospital and the new physician outbuilding along with accent color on the canopies and on the windows. The maintenance building will be used for salt storage, the expansion of their energy center, for storage of their yard, and for maintenance equipment. The species identification chart will be updated for the committee meeting. Ron Houck asked about the covered trash enclosure. It will be enclosed and have a roof. The blocks will be painted a color similar to the hospital. The hospital owns the nine acres to the south. The main entrance will remain the same off Old Meridian Street. Chairman Cremeans moved the case to the Special Study Committee meeting on July 11, 2000. H. Old Business: s:\P1anCommission \Minutes.pc \pc2000june 19 li. Currently Tabled: Docket No. 109 -99 DP /ADLS; Development Plan and Architectural Design, Lighting, Landscaping & Signage applications for Meridian Hotel Partners. The petitioner seeks approval to construct a 57,500- square -foot Wingate Inn on 4.066± acres. The site is located at 1460 West Main Street (northeast corner of East 131st Street and North Meridian Street). The site is zoned S -2 /residential within the US 31 Overlay Zone. Filed by Philip A. Nicely of Bose McKinney & Evans. With no further business to come before the Commission, the meeting was adjourned at 10:17 p.m. David A. Cremeans, President Sue Ellen Johnson, Acting Secretary s:\P1anCommission \Minutes.pc \pc2000june 20