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METROPOLITAN DEVELOPMENT COMMISSION PLAT COMMITTEE

PLAT STAFF REPORTS FOR

FEBRUARY 11, 2015

Room 260 2nd Floor City-County Building

1:00 p.m.

DEPARTMENT OF METROPOLITAN DEVELOPMENT DIVISION OF PLANNING

CURRENT PLANNING SECTION PETITION NO. PETITION ADDRESS AND LOCATION PAGE NO. EXPEDITED PETITION: 2014-PLT-022 4900 NORTH CARROLL ROAD 2 LAWRENCE TOWNSHIP, CD # 12 VACATION PETITIONS ASSESSMENT HEARING: 2014-VAC-016 1001EAST 16TH STREET 6 CENTER TOWNSHIP, CD # 9 2014-VAC-019 129 WEST NORTH STREET 13 CENTER TOWNSHIP, CD # 15 PLAT PETITIONS NEW PETITION: 2014-PLT-024 2240 WEST BANTA ROAD 20 PERRY TOWNSHIP, CD # 20 * Automatic continuance ** Continuance requested *** Petition withdrawn/dismissal

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PLAT STAFF REPORT

DEPARTMENT OF METROPOLITAN DEVELOPMENT

DIVISION OF PLANNING CURRENT PLANNING SECTION

Case Number: 2014-PLT-022 Plat Name: The Greens at Winding Ridge, Section Three General Address: 4900 North Carroll Road Location: City of Lawrence, Lawrence Township, Council District # 12 Petitioner: R.N. Thompson Development Corporation, by Arthur L. Kaser Zoning District: D-P Request: Approval of a subdivision plat to be known as The Greens at Winding

Ridge, Section Three, dividing 6.985 acres into 32 lots. Date Filed: December 3, 2014 Waivers Requested: None. This petition was continued from the January 14, 2015 to the February 11, 2015 hearing at the request of the petitioner. RECOMMENDATIONS: Staff recommends that the Plat Committee approve and find that the plat, filed-dated, December 19, 2014, complies with the standards of the Subdivision Control Ordinance, subject to the following conditions: 1. That the applicant provide a bond, as required by Section 731-321, of the Subdivision Control

Ordinance. 2. Subject to the Standards and Specifications of the City of Lawrence, Sanitation Section. 3. Subject to the Standards and Specifications of the City of Lawrence, Drainage Section. 4. Subject to the Standards and Specifications of the City of Lawrence, Transportation Section. 5. That addresses and street names, as approved by the Department of Metropolitan

Development, be affixed to the final plat, prior to recording. 6. That the Enforcement Covenant (required by the Metropolitan Development Commissions

Resolution No 83-R-58, 1983) be affixed to the final plat, prior to recording 7. That the Site Distance Covenant (Appendix of the Subdivision Control Ordinance) be affixed to

the final plat, prior to recording. 8. That the Sanitary Sewer Covenant (Appendix of the Subdivision Control Ordinance) be affixed

to the final plat, prior to recording. 9. That the Storm Drainage Covenant (Appendix of the Subdivision Control Ordinance) be affixed

to the final plat, prior to recording. 10. That the plat restrictions and covenants, done in accordance with the rezoning commitments,

be submitted, prior to recording the final plat. 11. That all the standards related to secondary plat approval listed in Sections 731-320(b)(6) and

731-329 of the Subdivision Control Ordinance are met.

(Continued)

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STAFF REPORT 2014-PLT-022 (Continued)

SUMMARY The following information was considered in formulating the recommendation: SITE PLAN AND DESIGN This proposal would provide for the subdivision of 6.985 acres into 32 lots. The Winding Ridge

community is permitted to have 2,793 total single-family and multifamily units, including the 2,450 units of the original rezoning in 1996, the 225 units added by the rezoning in 2000 (2000-ZON-003) and the 118 units added by the use amendment in 2002 (2002-APP-075). The D-P development statement requires that a summary of platted lots and multifamily units developed be submitted with each plat, which has been provided.

TRAFFIC STREETS Access to the site would be through Section One to the north. An existing stub street, Chip Shot

Lane, would be extended south approximately 850 feet. One new stub street, White Cloud Drive, would provide access to a future section to the east.

GENERAL INFORMATION EXISTING LAND USE AND ZONING D-P Undeveloped DEVELOPMENT STATEMENT The development statement requirements listed below are only applicable to the platting requirements and are not comprehensive. Please refer to the approved development statement associated with rezoning petition 96-Z-124 (96-DP-7), and to the modifications with petitions 97-AP-98 and 99-AP-207.

Area 3 - Development Standards Item Development Statement Use permitted Detached single-family residential Number of acres 67 Number of lots Not specified Density (max.) 3.25 units per acre Lot frontage (min.) 20 feet Front setback (min.) 25 feet Side setback (min.) 14 feet between dwellings Rear setback (min.) 25 feet Dwelling size (min) 1,200 sq. ft (one-story), 1,500 sq. ft (two story) Off-street parking spaces Two, attached garage

SURROUNDING ZONING AND LAND USE North - D-P Single-family residential South - D-P Undeveloped East - D-P Undeveloped West - D-P Golf course THOROUGHFARE PLAN Chip Shot Lane is not indicated on the Official Thoroughfare Plan. LA ******

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STAFF REPORT Department of Metropolitan Development

Division of Planning Current Planning Section

FIRST HEARING Case Number: 2014-VAC-019 General Address: 129 West North Street (Approximate Address) Location: Center Township, Council District # 15 Petitioner: Trinitas, by Bryan Moll Hearing Date: January 14, 2015 Waivers: Assessment of Benefits FEBRUARY 11, 2015 This petition was approved by the Plat Committee on January 14, 2015, with an assessment of benefits hearing scheduled for February 11, 2015. As of this writing, staff has not received the required appraisal report. Therefore, this petition should be continued to the March 11, 2015 hearing. JANUARY 14, 2015 SUMMARY This vacation petition would vacate Kankakee Street, a twenty-foot right-of-way, from Michigan Street to North Street, and a 20-foot wide east-west alley, from Kankakee Street to Muskingum Street, to provide for a proposed residential and commercial development. Previously, in 2008, a vacation petition (2008-VAC-021) sought the vacation of these rights-of-way. That petition was approved; however, it was not recorded. That petition did not seek a waiver of the assessment of benefits. Staff supported this request. Kankakee Street provides access from North Street to Michigan Street, between two surface parking lots. The alley, improved with a surface parking lot, is cut off from Muskingum Street by guard rails. The property owners of the sites adjacent to the proposed vacation areas have given consent for this petition. The proposed vacation would provide for a proposed development that would encompass the block bounded by North Street, Capitol Avenue, Michigan Street and Muskingum Street. WAIVER OF THE ASSESSMENT OF BENEFITS A waiver of the assessment of benefits is requested. Kankakee Street is improved with asphalt underlaid by brick that is evident in areas where the asphalt has worn. Since the City improved Kankakee Street, staff would not support the waiver of the assessment of benefits.

(Continued)

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STAFF REPORT 2014-VAC-019 (Continued) RECOMMENDED MOTION: That the Plat Committee find that the proposed vacation is in the public interest; that a hearing upon the assessment of benefits be held on February 11, 2015; that the Plat Committee confirm and ratify the adoption of Declaratory Resolution 2014-VAC-019; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16. PROCEDURE Neither the Division of Planning nor the Plat Committee, Hearing Examiner or Metropolitan Development Commission determines how vacated right-of-way is divided. The approval of a vacation petition only eliminates the public right-of-way. The vacation approval does nothing more. A petitioner will not receive a deed or other document of conveyance after the approval of a vacation.

The general rule under Indiana case law is that when a street or highway is vacated or abandoned the title to the land reverts to the abutting property owners. This rule exists by virtue of the fact that the abutting land owner owns to the center of the street or highway subject only to an easement for the public to the use of the street or highway. Gorby v. McEndarfer 135 Ind.App. 74, *82, 191 N.E.2d 786, **791 (Ind.App.1963). However, there are possible exceptions to this general rule. After a vacation of public right-of-way the county assessor determines how the vacated right-of-way will be assessed for tax purposes. Petitioners and abutters of the vacated right-of-way should consult their own attorneys for advice regarding the ownership of the vacated right-of way. GENERAL DESCRIPTION: Vacation of Kankakee Street from the south right-of-way line of North Street, being the northwest corner of Lot 18 of Coe’s Subdivision of Square Seven in the Donation Lands of the City of Indianapolis, as recorded in Plat Book One, Page 139-140 of the Office of the Recorder of Marion County, thence south 418.94 feet to the north right-of-way line of Michigan Street, being the southwest corner of Lot 9 of said Donation Lands, with a waiver of the assessment of benefits.

Vacation of the first east-west alley north of Michigan Street, being 20 feet wide, from the east right-of-way line of Kankakee Street, being the northwest corner of Lot 9 of said Donation Lands, 79.99 feet to the west right-of-way line of Muskingum Street, being the northeast corner of Lot 8 of said Donation Lands, with a waiver of the assessment of benefits. UTILITIES AND AGENCY REPORT Telephone: No answer, retain easement CEG, Gas: No objection CEG, Water: No answer, retain easement CEG, Wastewater No answer, retain easement Power: No answer, retain easement Cable: No answer, retain easement DPR: No answer, retain easement, if requested DPW, TS: No answer, retain easement, if requested JY ******

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Survey of proposed vacation areas – 2014-VAC-019

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Photograph of Kankakee Street looking north - 2014-VAC-019

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Photograph of brick under asphalt (Kankakee Street) – 2014-VAC-019

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Photograph of Kankakee Street looking north - 2014-VAC-019

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Photograph of alley looking east, from Kankakee Street (Note: guard rail along Muskingum Street)

2014-VAC-019

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STAFF REPORT Department of Metropolitan Development Division of Planning

Current Planning Section FIRST HEARING Case Number: 2014-VAC-016 General Address: 1001 East 16th Street (Approximate Address) Location: Center Township, Council District # 9 Petitioner: City of Indianapolis, Department of Parks and Recreation, By Brian J.

Tuohy Hearing Date: January 14, 2015 Waivers: None FEBRUARY 11, 2015 This petition was approved by the Plat Committee on January 14, 2015, with an assessment of benefits hearing scheduled for February 11, 2015. As of this writing, staff has not received the required appraisal report. Therefore, this petition should be continued to the March 11, 2015 hearing. SUMMARY This vacation petition would vacate the remaining portion of Bundy Place that originally ran from 16th Street south to 15th Street. A vacation petition was approved in 1952 vacating Bundy Place south of the subject site to 15th Street creating the current dead-end situation. Bundy Place is currently fenced off and does not provide any public access. This vacation would allow for the redevelopment of the former bakery building adjacent to the west. The subject portion of the street right-of-way does not provide access to any other parcel other than the petitioner’s. The vacation request would not create any dead ends or impede traffic circulation in the area. Staff finds that the vacation would be in the public interest, and the vacation should be approved.

RECOMMENDED MOTION: That the Plat Committee find that the proposed vacation is in the public interest; that a hearing upon the assessment of benefits be held on February 11, 2015; that the Plat Committee confirm and ratify the adoption of Declaratory Resolution 2014-VAC-016; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16. PROCEDURE Neither the Division of Planning nor the Plat Committee, Hearing Examiner or Metropolitan Development Commission determines how vacated right-of-way is divided. The approval of a vacation petition only eliminates the public right-of-way. The vacation approval does nothing more. A petitioner will not receive a deed or other document of conveyance after the approval of a vacation.

(Continued)

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STAFF REPORT 2014-VAC-016 (Continued)

The general rule under Indiana case law is that when a street or highway is vacated or abandoned the title to the land reverts to the abutting property owners. This rule exists by virtue of the fact that the abutting land owner owns to the center of the street or highway subject only to an easement of the public to the use of the street or highway. Gorby v. McEndarfer 135 Ind.App. 74, *82, 191 N.E.2d 786, **791 (Ind.App.1963) However, there are possible exceptions to this general rule. After a vacation of public right-of-way the county assessor determines how the vacated right-of-way will be assessed for tax purposes. Petitioners and abutters of the vacated right-of-way should consult their own attorneys for advice regarding the ownership of the vacated right-of way.

GENERAL DESCRIPTION: Vacation of Bundy Place, being 42 feet wide at the intersection of 16th Street, but

generally being of varying width, from the south right-of-way line of 16th Street, south 414.49 feet to a point on the east line of a partial vacation of Bundy Place, dated October 6, 1952, recorded as R-16996, in the Office of the Recorder of Marion County, Indiana.

UTILITIES AND AGENCY REPORT Telephone: No answer, retain easement CEG, Gas: No objection, release easement CEG, Water: No answer, retain easement CEG, Wastewater No objection, retain easement Power: No answer, retain easement Cable: No answer, retain easement DPR: No answer, retain easement, if requested DPW, TS: No answer, retain easement, if requested LA ******

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1. Existing intersection with 16th Street

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2. Bundy Place looking south

3. Adjacent drive and parking for park to east

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4. Bundy Place looking north

5. Southern terminus of Bundy Place

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PLAT STAFF REPORT DEPARTMENT OF METROPOLITAN DEVELOPMENT DIVISION OF PLANNING CURRENT PLANNING SECTION Case Number: 2014-PLT-024 Plat Name: Cedar Park, Section Three General Address: 2240 West Banta Road (Approximate Address) Location: Perry Township, Council District # 20 Petitioner: Patricia A. Kopetsky, by John J. Meyer Zoning District: D-P Request: Approval of a Subdivision Plat to be known as Cedar Park, Section Three,

dividing 17.208 acres into 72 lots. Date Filed: December 30, 2014 Waivers Requested: None RECOMMENDATIONS Staff recommends that the Plat Committee approve and find that the plat, file-dated January 20, 2015, complies with the standards of the Subdivision Control Ordinance, subject to the following conditions: 1. That the applicant provide a bond, as required by Section 731-321, of the Subdivision Control

Ordinance. 2. Subject to the Standards and Specifications of the Department of Public Works, Sanitation

Section. 3. Subject to the Standards and Specifications of the Department of Public Works, Drainage

Section. 4. Subject to the Standards and Specifications of the Department of Public Works, Transportation

Section. 5. That addresses and street names, as approved by the Department of Metropolitan

Development, be affixed to the final plat, prior to recording. 6. That the Enforcement Covenant (required by the Metropolitan Development Commissions

Resolution No 83-R-58, 1983) be affixed to the final plat, prior to recording 7. That the Site Distance Covenant (Appendix of the Subdivision Control Ordinance) be affixed to

the final plat, prior to recording. 8. That the Sanitary Sewer Covenant (Appendix of the Subdivision Control Ordinance) be affixed

to the final plat, prior to recording. 9. That the Storm Drainage Covenant (Appendix of the Subdivision Control Ordinance) be affixed

to the final plat, prior to recording. 10. That the plat restrictions and covenants, done in accordance with the rezoning commitments,

be submitted, prior to recording the final plat. 11. That all the standards related to secondary plat approval listed in Sections 731-320(b)(6) and

731-329 of the Subdivision Control Ordinance are met.

(Continued)

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STAFF REPORT 2014-PLT-024 (Continued) SUMMARY OF ISSUES The following information was considered in formulating the recommendation: SITE PLAN AND IMPROVEMENTS This request would provide for the subdivision of 17.208 acres into 72 lots, which would result in a

density of 4.1 units per acre. The request is consistent with the Development Statement associated with 94-Z-219 / 94-DP-9, as amended by 98-CP-20A, and with the regulations of the Subdivision Control Ordinance.

TRAFFIC / STREETS This subdivision would gain access to Banta Road via Pinebark Place (proposed) and connect to

two existing stub streets within Cedar Park, Section Two, Bristlecone Drive and Pinebark Drive.

GENERAL INFORMATION EXISTING LAND USE D-P Unimproved COMMITMENTS The commitments listed below are only applicable to the platting requirements and are not comprehensive. Please refer to the Development Statement associated with rezoning case 94-Z-219/94-DP-9, as amended by 98-CP-20AP. The maximum project density shall be 3 units per acre. Each project shall have at least 150-feet of frontage on a public street. A perimeter yard is requested for each dwelling project. Where the project abuts Banta Road the

minimum perimeter yard shall be 40 feet. Each lot shall contain no less than 6,000 square feet. Public streets, interior access drives, driveways and sidewalks shall be provided in accordance

with Section 2.21 of the Dwelling Districts Zoning Ordinance. SURROUNDING ZONING AND LAND USE North - I-2-S Undeveloped South - D-6II Multi-family residential East - I-2-S Industrial West - D-P Single-family residential THOROUGHFARE PLAN Banta Road is not indicated on the Official Thoroughfare Plan.

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