HomeMy WebLinkAboutMinutes Sub 09-06-94 CARMEL/CLAY PLAN COMMISSION
SUBDIVISION COW/II i LEE CA.RMEUCLAY
SEPTEMBER 06, 1994 PLAN COMMISSION/BZA
UNOFFICIAL MINUTES
The meeting was called to order at approximately 7:00 PM by the Committee Chairman.
Members present were as follows: Dick Klar; Alan Klineman; Norma Meighen; Barbara Myers;
Salim Najjar; and Paul Spranger.
David Cunningham was present representing the Department of Community Development.
ITEM No. 1. Docket No. 65-94 P.P., a Primary Plat (cluster) application for a subdivision named
Weston Communities. The primary plat is being filed under the cluster option and
consists of 371 lots on 181.05 acres of land located on the north side of 106th Street and
approximately one-quarter mile east of Michigan Road. The site is zoned S-1.
Filed by Estridge Development Co.
Jim Nelson, 3663 Brumley Way, Cannel, appeared before the Committee representing the
petitioner. Also present were Steve Remshaw, Curt Huff, and Steve Fehribach. Mr. Nelson gave
a recap of the presentation made August 16, 1994 to the Plan Commission. Upon completion,
Weston Communities will contain three, distinct residential communities. Mr. Nelson reviewed
the aerial photograph of the real estate; the rendering of the primary plat; and photographs of
typical homes to be built within the Subdivision.
The prior use of the real estate has been agricultural except for a small wooded area which is
west of and adjacent to the residential community known as Brandywine. Three Panhandle
pipelines dissect the real estate northeast/southwesterly direction at the southern corner of the real
estate. There is both residential and commercial/industrial development in the area: existing
Hamilton Business Park; Hamilton Center; Pierson Ford dealership; and a neighborhood
convenience center which is to be developed. Residential communities in the area consist of
Woodhaven; Brandywine; Bridleboume; Huntersfield; Spring Arbor; and Ashbrooke.
The Comprehensive Plan provides for local/regional commercial, industrial, office; moderate
intensity residential; and lower intensity residential. The petitioner believes that the proposed
plat is in strict compliance with the Zoning Ordinance, Subdivision Control Ordinance and all
Technical Advisory Comments.
There are two primary points of ingress/egress: from 106th Street and from Shelboume Road.
Two street stubs have been provided to the north, and one to the west in compliance with the
Subdivision Control Ordinance and in order to provide access for future developed, adjoining
properties.
Alan Klineman asked if the proposed Docket were eligible to be developed under the cluster
option, since it had been repealed. Dave Cunningham responded that according to City Attorney
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Gordon Byers, this particular case was filed prior to the City Council repealing the Cluster
Ordinance and it was therefore viable to be developed under the Cluster Option.
Dick Klar felt that there was no reason for clustering the entire project, and that only the land
next to the business area should be developed using the cluster.
Area neighbors were in attendance to comment and ask questions regarding design criteria for
drainage; greenspace next to Brandywine; the alignment of the access drive to Hamilton Business
Park and coordination of curb cuts; date of traffic data; overall density of the project; preservation
of wooded areas; and whether or not the zoning would run with the land, even if the present
developer did not build on the property.
Mr. Nelson responded that the drainage had been looked at by the County and had required the
developer to replace a culvert; the traffic data was taken in July of 1994; greenspace is according
to the Subdivision Regulations; the 3.7 acres of woods nearest Brandywine will be preserved; and
there are three separate purchase agreements on the total ground. If the zoning is approved, it
will run with the land, any attempt to change the zoning thereafter would necessitate approval
of the amended primary plat. Mr. Nelson reiterated that the density is established by the
ordinance, and the petitioner is complying with the ordinance in developing at 2.05 units per
gross acre.
Area resident Robert Hoffman, 4281 West 106th Street expressed discontent with the planning
process, the Department of Community Development, the attorneys, and the developers. Mr.
Hoffman felt that he (as well as other residents) was not given adequate opportunity for
expressing his views and/or comments and questions.
Chairman Paul Spranger asked that the record clearly state that there had been active participation
by the public and those citizens who would be directly affected by the proposed project;
whenever residents appeared at the Committee level, they were invited to speak, even though the
public hearing portion of the Docket was closed. Mr. Hoffilian was heard, and the presenter was
kind enough to respond.
Mr. Hoffman wished to make the point that the Rules of Procedure, as written, provide
inadequate time for response and also provide inadequate encouragement for the population to
feel that they will be heard.
Mr. Spranger stated that the Commission and Committees were extremely sensitive to public
input and issues; the realities are that the Commission is abiding by the State Statutes that are
already in place.
Dave Cunningham of the Department stated that the drainage had been addressed by the County
Surveyor's Office and County Soil & Water; the density issue is one for the Commission to
decide.
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Barbara Myers moved for approval of 65-94 P.P., Primary Plat, (cluster option), seconded by
Norma Meighen.
Alan Klineman commented that he wasn't sure this particular case, with changes, would be
"grandfathered," and a chronology of events on this Docket would be in order. Dave
Cunningham responded that he would request the City Attorney to look into the situation and
render an opinion.
The vote was 5 in favor, Dick Klar opposed, MOTION PASSED.
The Agenda was then re-ordered so that the Residential Open Space Ordinance could be heard
last.
ITEM 3. Docket No. 69-94 SP, Ashmore Trace. Petitioner seeks approval (Secondary Plat) to
plat 67 lots on 36.05 acres of land located on the south side of 146th Street and
approximately one-quarter mile east of Hazeldel Road. Site is Zoned S-1.
Filed by Safco Development Co.
Jennifer Shea of Safco Development and Stan Neal of Weihe Engineers appeared before the
Committee on behalf of the petitioner. Stan Neal gave an overview of the project. Ashmore
Trace is being platted in one section consisting of 67 lots. It is the belief of the petitioner that
they are in compliance with the primary plat previously approved. All concerns of the Technical
Advisory Committee have been addressed.
The petitioner is working with the Department of Natural Resources regarding the wildlife habitat
areas and the plans for the floodway areas have been submitted to the DNR and approval is
forthcoming.
Dave Cunningham of the Department stated that up-dated plans had been received and that they
meet and comply with all Technical Advisory concerns. Mr. Cunningham reported that the
County Highway had been working with Safco in regard to the details of the 146th Street bridge
and continues to do so.
Barbara Myers moved for approval of Docket No. 69-94 SP,Ashmore Trace, seconded by Norma
Meighen, UNANIMOUSLY APPROVED.
ITEM 2. Docket No. 66-94 O.A., a Zoning Ordinance Amendment for the Residential Open
Space Ordinance. The purpose of this ordinance is to allow flexibility of design, using
innovative and efficient use of land. The Ordinance includes the reduction of disturbed
land for both utility placement and vehicle access, and emphasizes the protection of
natural settings, set-asides of common area and openspace.
Filed by the Carmel/Clay Plan Commission.
Gene Valanzano of Baker & Daniels was in attendance as consultant and co-author of the
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Residential Open Space Ordinance.
Brian Waltz of Fink,Roberts & Petrie, presented sketch plans of sites within Cannel which show
three different aspects: one plan shown which is strictly in conformance with underlying zoning;
the second plan as defined by the proposed Residential Open Space Ordinance; the third, as it
would have been developed under the previous Cluster Option.
The different scenarios were discussed at length and commented upon. A similar presentation
will be made to the full Plan Commission under date of September 20, 1994. It is hoped that
the in-depth discussion and comparisons of the sketches will provide a thorough understanding
of the proposed Residential Open Space Ordinance, and a favorable recommendation will be
made to the City Council.
The meeting was adjourned at 9:40 PM.
Paul Spranger, Chairman Ramona Hancock, Secretary
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