Metropolitan Development Commission Plat Committee

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METROPOLITAN DEVELOPMENT COMMISSION PLAT COMMITTEE

PLAT STAFF REPORTS FOR OCTOBER 9, 2019

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 PETITIONS:

2019-PLT-067 9035 INDIAN CREEK ROAD SOUTH 3 FRANKLIN TOWNSHIP, CD # 25

2019-PLT-069 6402 CORPORATE DRIVE 8 PIKE TOWNSHIP, CD # 1

2019-PLT-071 107 SOUTH PENNSYLVANIA STREET 14 CENTER TOWNSHIP, CD # 16

2019-PLT-073 1527, 1529, 1531, 1537, 1543, 1545 and 20 1549 YANDES STREET CENTER TOWNSHIP, CD # 17

2019-PLT-074 5410 EAST 86TH STREET 29 WASHINGTON TOWNSHIP, CD # 3

2019-VAC-004 1538 NORTH ARSENAL AVENUE 35 CENTER TOWNSHIP, CD # 17

PLAT PETITIONS

CONTINUED PETITION:

2019-PLT-058 3702 FERGUSON ROAD 40 FRANKLIN TOWNSHIP, CD # 18

NEW PETITIONS:

2019-PLT-065* 741 GREER STREET 45 CENTER TOWNSHIP, CD # 16

2019-PLT-066** 8335 MUD CREEK ROAD 46 LAWRENCE TOWNSHIP, CD # 4

2019-PLT-070** 7801 SOUTH TIBBS AVENUE 47 PERRY TOWNSHIP, CD # 17

2019-PLT-072 9107 EAST THOMPSON ROAD 48 FRANKLIN TOWNSHIP, CD # 25

2019-PLT-075** 7509 and 7511 NEW AUGUSTA ROAD 54 PIKE TOWNSHIP, CD # 1

VACATION PETITIONS

NEW PETITION:

2019-VAC-010 (Amended) 120 WEST 15TH STREET 55 CENTER TOWNSHIP, CD # 11

* Automatic continuance ** Continuance requested *** Petition withdrawn/dismissal

2 PLAT STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-PLT-067 Address: 9035 Indian Creek Road South (approximate address) Location: Franklin Township, Council District #25 Zoning: D-S Petitioner: Douglas W. and Kay E. Rockel, by Pat Rooney Request: Approval of a Subdivision Plat, to be known as Rockel’s Woods Subdivision, dividing 13.669 acres into two lots.

Waivers Requested: None

RECOMMENDATIONS:

Staff recommends that the Plat Committee approve and find that the plat, filed-dated, August 22, 2019, complies with the standards of the Subdivision Regulations, subject to the following conditions:

1. Subject to the Standards and Specifications of the Citizens Energy Group, Sanitation Section. 2. Subject to the Standards and Specifications of the Department of Public Works, Drainage Section. 3. Subject to the Standards and Specifications of the Department of Public Works, Transportation Section. 4. That addresses and street names, as approved by the Department of Metropolitan Development, be affixed to the final plat prior to recording. 5. That the Enforcement Covenant (Section 741-701, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording 6. That the Site Distance Covenant (Section 741-702, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 7. That the Sanitary Sewer Covenant (Section 741-704, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 8. That the Storm Drainage Covenant (Section 741-703, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 9. That the plat restrictions and covenants, done in accordance with the rezoning commitments, be submitted prior to recording the final plat. 10. That all the standards related to secondary plat approval listed in Sections 741-207 and 741- 208 of the Consolidated Zoning and Subdivision Ordinance be met prior to recording the final plat. 11. That a 40-foot half right-of-way dedication be shown on the final plat prior to recording.

(Continued)

3 STAFF REPORT 2019-PLT-067 (Continued)

SUMMARY

The following information was considered in formulating the recommendation:

SITE PLAN AND DESIGN

 The 13.669-acre site is zoned D-S and developed with a single-family dwelling.

 This proposed plat would divide the existing parcel into two lots. Lot One would contain the existing dwelling. Lot Two would be available for the development under the D-S regulations. Both proposed lots would meet the D-S requirements for lot size and lot width for a single-family dwelling.

STREETS

 Both lots would have access to Indian Creek Rd South. No new streets are proposed with this plat.

SIDEWALKS

 No sidewalks would be required for either proposed lot.

GENERAL INFORMATION

EXISTING LAND USE D-S Single-family detached dwelling

COMMITMENTS

The commitments listed below are only applicable to the pending petition and are not comprehensive. There are no commitments.

SURROUNDING ZONING AND LAND USE

North- D-A/D-S Single-family residential South- D-A/SU-2 Single-family residential/School East- D-A Single-family residential West- D-S/SU-2 Single-family residential/School

THOROUGHFARE PLAN The Official Thoroughfare Plan identifies this portion of Indian Creek Road South as a primary collector, with a 30-foot right-of- way existing, and an 80-foot right of way proposed.

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7 STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-PLT-069 Address: 6402 Corporate Drive (approximate address) Location: Pike Township, Council District #1 Zoning: C-S Petitioner: Tower Corporate 6402 LLC & 6402 Corporate Drive Investors LLC, by Brian C. Rismiller Request: Approval of a Subdivision Plat, to be known as Corporate Way Park, dividing 1.37 acres into two lots.

Waivers Requested: None

RECOMMENDATIONS:

Staff recommends that the Plat Committee approve and find that the plat, file-dated August 28, 2019, complies with the standards of the Subdivision regulations, subject to the following conditions:

1. Subject to the Standards and Specifications of the Citizens Energy Group, Sanitation Section. 2. Subject to the Standards and Specifications of the Department of Public Works, Drainage Section. 3. Subject to the Standards and Specifications of the Department of Public Works, Transportation Section. 4. That addresses and street names, as approved by the Department of Metropolitan Development, be affixed to the final plat, prior to recording. 5. That the Enforcement Covenant (Section 741-701, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording 6. That the Site Distance Covenant (Section 741-702, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 7. That the Sanitary Sewer Covenant (Section 741-704, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 8. That the Storm Drainage Covenant (Section 741-703, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 9. That the plat restrictions and covenants, done in accordance with the rezoning commitments, be submitted prior to recording the final plat. 10. That all the standards related to secondary plat approval listed in Sections 741-207 and 741- 208 of the Consolidated Zoning and Subdivision Regulations be met prior to recording the final plat. 11. That the easement shown on proposed Lot Two be adequately labeled and described as an ingress/egress easement for Lot One prior to final plat recording.

(Continued)

8 STAFF REPORT 2019-PLT-069 (Continued)

SUMMARY OF ISSUES

The following information was considered in formulating the recommendation:

SITE PLAN AND DESIGN

 The proposed development would split an existing parcel, developed as a parking lot, into two lots for the purpose of adding the lots to the adjacent industrial properties. The subject site is part of an overall industrial park and would remain as such. Lot Two would front on Corporate Way and Lot One would have access to Corporate Way through an ingress/egress easement on Lot Two. While this easement is shown on the plat, it is not labeled as an ingress/egress easement for Lot One. This should be corrected on the final plat.

TRAFFIC / STREETS

 Both lots would continue to access Corporate Way, which is a private street. No new streets are proposed.

SIDEWALKS

 Sidewalks are not required.

GENERAL INFORMATION

EXISTING ZONING AND LAND USE C-S Industrial

SURROUNDING ZONING AND LAND USE North - C-S Industrial South - C-S Industrial East - C-S Industrial West - C-S Industrial

THOROUGHFARE PLAN Corporate Way is not indicated in the Official Thoroughfare Plan.

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10 11

1. Subject site looking south from Corporate Way

2. Adjacent industrial use to west

3. Adjacent industrial use to east

4. Intersection of site with Corporate Way - looking north

13 PLAT STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-PLT-071 Address: 107 South Pennsylvania Street (approximate address) Location: Center Township, Council District #16 Zoning: CBD-2 (RC) Petitioner: Steak and Shake Indianapolis Office Inc., by Timothy E. Ochs Request: Approval of a Subdivision Plat, to be known as Chesapeake Subdivision, dividing 0.481 acre into two lots.

Waivers Requested: None

RECOMMENDATIONS:

Staff recommends that the Plat Committee approve and find that the plat, file-dated, August 29, 2019 complies with the standards of the Subdivision Regulations, subject to the following conditions:

(Continued)

14 STAFF REPORT 2019-PLT-071 (Continued)

SUMMARY

The following information was considered in formulating the recommendation:

SITE PLAN AND DESIGN

 The proposed plat would provide for two commercial lots on 0.481-acre in downtown Indianapolis. The subject site is currently improved with two historic commercial buildings and a surface parking lot. This plat is a re-subdivision of previously platted lots.

 Proposed Lot One would contain the four to six-story commercial building and proposed Lot Two would contain an existing surface parking lot. That plat would comply with the standards of the CBD-2 classification and the Subdivision Regulations.

STREETS

 Both proposed lots would front on Pennsylvania Street. Lot One would also have frontage on Maryland Street. No new streets are proposed for the development.

GENERAL INFORMATION

EXISTING ZONING AND LAND USE CBD-2 (IHPC) Commercial building/Surface parking lot

SURROUNDING ZONING AND LAND USE

North - CBD-1 Commercial South - CBD-2 Parking Garage East - CBD-2 Bankers Life Fieldhouse West - CBD-2 Surface parking lot and commercial

THOROUGHFARE PLAN The Official Thoroughfare Plan for Marion County indicates that Pennsylvania Street and Maryland Street are primary arterials, with 90-foot rights-of-way existing and proposed.

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19 STAFF REPORT PLAT COMMITTEE – RESIDENTIAL MAJOR PLAT (COMPACT AREA)

Case Number 2019-PLT-073 Address (approx.) 1527, 1529, 1531, 1537, 1543, 1545 and 1549 Yandes Street (approximate address) Location Center Township, Council District # 17 Petitioner Onyx + East, LLC, by Anthony B. Syers Zoning D-8 Request Approval of a Subdivision Plat, to be known as Millside Townhomes, dividing one acre into 23 single-family attached lots. Waivers Requested None GENERAL INFORMATION

Existing Zoning D-8 Existing Land Use Vacant Comprehensive Plan Traditional Neighborhood Surrounding Context Zoning Land Use North: C-5 Vacant South: D-8 Vacant East: D-8 Vacant West: D-P Commercial/Multi-family Thoroughfare Plan Yandes Street Local Street 60-foot existing and 60-foot proposed

Petition Submittal Date August 30, 2019 Final Plat Submittal Date August 30, 2019 Hearing Date September 9, 2019

DETAILED SUMMARY OF REQUEST

The subject site consists of seven vacant tax parcels and a recently vacated alley. The northernmost parcel was rezoned to the D-8 classification by 2019-CZN-808 and the entire property received a variance grant (2019-CVR- 808) earlier this year to allow for 24, single-family attached dwellings with five-foot front setbacks, seven-foot rear setbacks, 16-foot lot widths, 40.75-foot heights, and with 13 units without street frontage.

The proposed plat would provide for 23, single-family attached dwellings in six overall buildings. One dwelling has been removed since the original variance approval. Eleven of the dwellings would front on Yandes Street and twelve dwellings would front on an interior courtyard. The area around the footprints of the dwellings would be one large common area for garage access and open space.

All of the lots would meet the standards of the D-8 zoning classification, the Zoning Commitments of 2019-CZN- 808, and the subdivision regulations except as modified by the above referenced variance grant.

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Aerial of site and area - 2019-PLT-073

Proposed Plat – 2019-PLT-073

SUBDIVISION PLAT REGULATIONS 741-203 Required Documents for Approval EVALUATION 741.201.A-C – Primary Plat Requirements: • Plat name, Legal Description, Surveyor Seal, Scale. • Boundary Lines, Existing Street Names and dimensions. • Layout of Proposed Streets – names, widths, classifications. • Layout of all easements and purpose thereof. Satisfied • Layout of lots with numbering and dimensions. • Floodway/Floodplain Delineation. • Topographic Map. • Area Map. 741-203.D – Traffic Control Plan • Traffic control street signs and devices. • Traffic calming devices. • Bicycle facilities. Satisfied • Sidewalks and pedestrian facilities. • Transit facilities, such as bus stops pads or shelter. • Street lighting. 741-205 – Waivers • The granting of the waiver or modification will not be detrimental to the public health, safety, or welfare or injurious to other property • The conditions upon which the request is based are individual to the property for which the relief is sought and are not applicable generally to other property; • Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; None Requested • The resulting subdivision fulfills the purpose and intent of these regulations at an equal or higher standard than what would have been possible without the deviation; and • The relief sought shall not in any manner vary from the provisions of the Zoning Ordinance, or official zoning base maps, except as those documents may be amended in the manner prescribed by law.

741-300 Design All proposed plats submitted for Committee approval under the provisions of these and Installation regulations shall meet these standards to the satisfaction of the Committee unless Standards waived by the Committee. EVALUATION 741-302.A – Lots: • Comply with zoning district and any cluster approval or variance grant. • Lots must have positive drainage away from buildings. • No more than 25% of lot area may be under water. • Side lots lines at right angles to streets or radial to curving street line. Satisfied • Layout of lots with numbering and dimensions. • Floodway/Floodplain Delineation. • Topographic Map.

23 741-302.B – Frontage and Access: • Through lots should be avoided except where necessary for primary arterial separation and topography challenges. • Triple frontage lots are prohibited. • Lots abutting alleys must have vehicular access exclusively from alley. Satisfied • Lots shall not have direct access to arterial streets. • Non-residential plats shall provide cross-access easements to limits points of access to existing street network to no more than one per 500 feet. 741-302.C – Blocks: • Shall not exceed maximum block lengths per Table 741-302.1 • If exceeded, it must be demonstrated that: o There are improved pedestrian easements at intervals of 400 Existing Block/Not feet or less. Applicable o Adequate traffic calming provisions are made. o The block length must be exceeded because of physical conditions of the land. 741-303 Streets All proposed plats shall allocate adequate areas for streets in conformity with the Comprehensive Plan and Official Thoroughfare Plan for Marion County, Indiana, and Connectivity and these regulations. EVALUATION 741-303.A – General: • Subdivisions shall provide a logical street layout in relation to topographical conditions, public convenience, safety, multi-modal use and the proposed use of the land to be served by such streets. Triple frontage lots are prohibited. • Streets shall intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 75 degrees. • Not more than two streets shall intersect at any one point. Existing Streets • Bicycle lanes meeting the Indiana Manual on Uniform Traffic Control and Alley/Not Devices (IMUTCD) for location, width, and marking shall be provided Applicable along collector streets. • All streets shall be dedicated to the public. Alleys may be private. • Turn lanes or other improvements recommended by the Department of Public Works shall be added to the existing street system to minimize the impact of the connection upon the existing street system. 741-303.B – Through Connectivity (Compact Context Area): • The existing street grid shall be continued through each development to the degree practicable unless the Administrator determines that extension of the street grid is not practicable. • Emergency vehicles must not have to use more than two different local streets (any street other than a primary arterial, a secondary arterial or a collector street) to reach their destination. • Permanently dead-ended streets and alleys, except for cul-de-sac streets, are prohibited. Existing Streets • All existing or platted streets that terminate at the property boundary line and Alley/Not of a proposed subdivision shall be continued into the proposed Applicable subdivision to provide street connections to adjoining lands and streets within the proposed subdivision. • Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 125 ft. between their centerlines. • Whenever cul-de-sac streets are created, a 15 foot wide pedestrian access/public utility easement shall be provided between the cul-de- sac head or street.

24 741-303.D – Cul-de-sacs (Compact Context Area): • In the Compact Context Area, cul-de-sac lengths shall not exceed 300 feet Not Applicable or serve more than 20 dwelling units. 741-303.E – Alleys (Compact Context Area): • Alleys in Dwelling and Mixed-Use districts must be installed or retained if alleys exist on any block adjacent to the proposed plat. Satisfied • Alleys may intersect; however, the intersecting alleys may not result in a hammer head ("T") or an ell ("L") shaped intersection. 741-304-316 Additional

Development Items EVALUATION 741.304.A-C – Traffic Control Devices: • Street name signs, traffic control signs, bike route signs. • Traffic control devices for streets exceeding 900 feet in length. None proposed • Bicycle Facilities for subdivisions with a collector street serving more than 100 dwelling units. 741.305 – Numbering and naming: • Street numbering per adopted addressing guidelines. Addresses still • Streets that are extensions or continuations of existing or approved needed streets must bear the name of such existing street. 741.306 – Sidewalks: • Sidewalks shall be provided along all internal and external streets. Satisfied 741.307-309 – Easements, Utilities, Stream Protection Corridors: • Utility easements shall be located along lot lines and shall be a minimum of 10 feet. • All BMPs and drainage facilities must be located within an easement. The easement must accommodate adequate access for maintenance. • Generally, pedestrian easements shall be 15 feet in width and be Satisfied considered open to the public unless specifically declared otherwise. • All utilities shall be located underground. • All subdivisions must be designed in accordance with the Stream Protection Corridor requirements of Section 744-205. 741.310 – Common Areas, Open Space and Public Sites (Compact Context Area): • Required for subdivisions with more than 20 dwelling units. • Access easements shall be provided to connect all common areas to a public street right-of-way. The minimum width of such access must be at least 15 feet. • Basic Open Space Requirements: Multi-purpose path, natural landscaping See Condition area, entrance landscaping. #11 • Additional Open Space Requirements: Community garden, dog park, game court, picnic area, playground, pool, etc. Additional component required for every 30 additional dwelling units overall. • Reservation of land for public/semi-public purpose. 741-312 – Monuments • Permanent reference monuments shall be placed in the subdivision by a Professional Surveyor. Where no existing permanent monuments are found, monuments must be installed no more than 600 feet apart in Not applicable any straight line and in accordance with the schedule in Table 741- 312-1.

25 741.313 – Flood Control: • All development shall comply with all provisions of Section 742-203 (Flood Control Zoning District). • Floodway and Floodway Fringe zones shall be delineated and labeled on the primary plat and the plat to be recorded. Not applicable • For Zone AE areas, the plat must show the BFE topographic line. • For Zone A areas, the plat must show the delineation study with the floodway and floodway fringe lines shown on the FIRM maps. 741.316 – Street Lighting: • All subdivisions must be designed and constructed in accordance with the Street Lighting requirements of Section 744-600 (Street and Exterior Not applicable Lighting).

RECOMMENDATION FOR 2019-PLT-073

Staff recommends that the Plat Committee approve and find that the plat, file-dated August 30, 2019, complies with the standards of the Subdivision regulations, subject to the following conditions:

1. Subject to the Standards and Specifications of Citizens Energy Group, Sanitation Section. 2. Subject to the Standards and Specifications of the Department of Public Works, Drainage Section. 3. Subject to the Standards and Specifications of the Department of Public Works, Transportation Section. 4. That addresses and street names, as approved by the Department of Metropolitan Development, be affixed to the final plat, prior to recording. 5. That the Enforcement Covenant (Section 741-701, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat, prior to recording 6. That the Site Distance Covenant (Section 741-702, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat, prior to recording. 7. That the Sanitary Sewer Covenant (Section 741-704, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat, prior to recording. 8. That the Storm Drainage Covenant (Section 741-703, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat, prior to recording. 9. That the plat restrictions and covenants, done in accordance with the rezoning commitments, be submitted, prior to recording the final plat. 10. That all the standards related to secondary plat approval listed in Sections 741-207 and 741-208 of the Consolidated Zoning and Subdivision Ordinance be submitted, prior to recording the final plat. 11. That the maintenance responsibility of the common area be identified in the Covenants recorded with the final plat or directly on the final plat, prior to recording.

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28 STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-PLT-074 Address: 5410 East 86th Street (approximate address) Location: Washington Township, Council District #3 Zoning: C-4 Petitioner: Garden Office LLC, by Max Mouser Request: Approval of a Subdivision Plat, to be known as Castle Creek Garden Offices, dividing 1.661 acres into two lots.

Waivers Requested: None

RECOMMENDATIONS:

Staff recommends that the Plat Committee approve and find that the plat, file-dated August 30, 2019, complies with the standards of the Subdivision regulations, subject to the following conditions:

1. That the applicant provide a bond, as required by Section 741-210, of the Consolidated Zoning and Subdivision Ordinance. 2. Subject to the Standards and Specifications of the Citizens Energy Group, 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 (Section 741-701, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 7. That the Site Distance Covenant (Section 741-702, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 8. That the Sanitary Sewer Covenant (Section 741-704, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 9. That the Storm Drainage Covenant (Section 741-703, of the Consolidated Zoning and Subdivision 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 741-207 and 741- 208 of the Consolidated Zoning and Subdivision Regulations be met prior to recording the final plat.

(Continued)

29 STAFF REPORT 2019-PLT-074 (Continued)

SUMMARY OF ISSUES

The following information was considered in formulating the recommendation:

SITE PLAN AND DESIGN

 The proposed development would provide for two commercial lots, totaling 1.661 acres. The parcel is currently vacant and was previously developed as a parking lot for the adjacent commercial buildings. Both lots would be available for development under the C-4 classification.

TRAFFIC / STREETS

 Both lots would be part of an integrated commercial center and would have access via private 86th Street which connects with Allisonville Road to the east. 86th Street has an existing access easement in place. No new streets are proposed.

SIDEWALKS

 Sidewalks are not required as this portion of 86th Street is a private street.

GENERAL INFORMATION

EXISTING ZONING AND LAND USE C-4 Vacant

SURROUNDING ZONING AND LAND USE North - C-4 Commercial South - C-4 Commercial East - C-4 Commercial West - D-9 Multi-family residential

THOROUGHFARE PLAN This portion on 86th street is not indicated on the Official Thoroughfare Plan.

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5. Adjacent multi-family to west looking southwest. Site to left

6. Subject site looking south

7. Subject site looking north from 86th Street

8. Adjacent commercial to east

34 STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-VAC-004 Address: 1538 North Arsenal Avenue (Approximate Address) Location: Center Township, Council District #17 Petitioner: Department of Metropolitan Development, by Troy Turner Hearing Date: June 12, 2019 Waivers: Assessment of Benefits

This petition was continued from June 12, 2019 to July 10, 2019, from July 10, 2019 to August 14, 2019 and from August 14, 2019 to September 11, 2019 due to the lack of all of the required owner’s consents. The missing consent form has been submitted to the file.

This petition was continued from September 11, 2019 to October 9, 2019 at the request of staff due the petitioner not being present at the September hearing.

SUMMARY

The request would vacate a fifteen-foot wide alley south of 16th Street extending from the west right- of-way line of Arsenal Avenue west a distance of 166.04 feet to the first north-south alley west of Arsenal Avenue. The alley was platted with the adjacent residential lots in the 1870’s.

Although historically improved, the subject alley and the adjacent north-south alley are currently unimproved. The purpose of the vacation is to add the land to the adjacent sub-standard lot for the development of a single-family dwelling.

After evaluation of the above considerations, staff finds that the vacation would be in the public interest and recommends the vacation petition be approved.

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 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.

(Continued)

35 STAFF REPORT 2019-VAC-004 (Continued)

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.

ASSESSMENT OF BENEFITS

The petitioner has requested a waiver of the Assessment of Benefits. Because the Department of Metropolitan Development of the City of Indianapolis owns the subject parcel, any assessment is automatically waived.

RECOMMENDED MOTION (approval): That the Plat Committee find that the proposed vacation is in the public interest; that a hearing upon the assessment of benefits be waived; that the Plat Committee confirm and ratify the adoption of Declaratory Resolution 2019-VAC-004; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16.

GENERAL DESCRIPTION:

Vacation of the first east-west alley south of 16th Street, being 15 feet wide, from the southeast corner of Lot 11 in S.A. Fletcher Jr. North Addition recorded in Plat Book Five, Page 127 in the Office of the Marion County Recorder, being the west right-of-way line of Arsenal Avenue 165.6 feet to the southwest corner of said Lot 11, being the east right-of-way line of the first north-south alley west of Arsenal Avenue.

UTILITIES AND AGENCY REPORT

Telephone: No answer, retain easement CEG, Gas: No objection, release easement CEG, Water: No objection, release easement CEG, Wastewater No objection, release easement Power: No objection, release easement Cable: No answer, retain easement DPR: No answer, retain easement, if requested DPW, TS: No answer, retain easement, if requested

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9. Intersection of subject alley with dead-end of Arsenal Ave

10. Subject alley looking west

39 PLAT STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-PLT-058 (Amended) Address: 3702 Ferguson Road (approximate address) Location: Franklin Township, Council District #18 Zoning: C-7 Petitioner: Vertical Bridge Development LLC, by Brad Riggs Request: Approval of a Subdivision Plat, to be known as Anderson Vertical Bridge Subdivision, dividing 10.05 acres into two lots with a waiver of sidewalks.

Waivers Requested: Sidewalks

This petition was continued from September 11, 2019 to October 9, 2019 to allow time to add a sidewalk waiver request.

RECOMMENDATIONS:

Staff recommends that the Plat Committee approve and find that the plat, filed-dated, July 18, 2019, complies with the standards of the Subdivision Regulations, subject to the following conditions:

1. Subject to the Standards and Specifications of the Citizens Energy Group, Sanitation Section. 2. Subject to the Standards and Specifications of the Department of Public Works, Drainage Section. 3. Subject to the Standards and Specifications of the Department of Public Works, Transportation Section. 4. That addresses and street names, as approved by the Department of Metropolitan Development, be affixed to the final plat prior to recording. 5. That the Enforcement Covenant (Section 741-701, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording 6. That the Site Distance Covenant (Section 741-702, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 7. That the Sanitary Sewer Covenant (Section 741-704, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 8. That the Storm Drainage Covenant (Section 741-703, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 9. That the plat restrictions and covenants, done in accordance with the rezoning commitments, be submitted prior to recording the final plat. 10. That all the standards related to secondary plat approval listed in Sections 741-207 and 741- 208 of the Consolidated Zoning and Subdivision Ordinance be met prior to recording the final plat. 11. That a 53-foot half right-of-way dedicated be shown along Southeastern Avenue and a 25-foot half right-of-way dedication be shown along Ferguson Road, prior to final plat recording. 12. That the waiver of the sidewalk requirement be denied.

(Continued) 40 STAFF REPORT 2019-PLT-058 (Continued)

SUMMARY

The following information was considered in formulating the recommendation:

SITE PLAN AND DESIGN

 The 10.05-acre site is zoned C-7 and is undeveloped. The proposed plat would split the parcel into two lots. Lot Two would be in the northwest portion of the site and would be developed with a Wireless Communication Tower approved by variance 2019-DV1-013. Lot One would be the remainder of the site and be available for development under the C-7 classification.

 Both lots would meet the standards of the C-7 District and the subdivision regulations.

STREETS

 All proposed lots would access Southeastern Avenue or Ferguson Road. No new streets are proposed.

SIDEWALKS

 The platting of land requires compliance with the subdivision regulations, which include the installation of sidewalks along all public street frontages. Therefore, this plat would require sidewalks along Southeastern Avenue and Ferguson Road. A waiver of this requirement has been requested.

 Sidewalks would be desired along both street frontages due to the residential uses in the area. Both road frontages have wide rights-of-way and level grades. There are no evident site conditions preventing the installation of sidewalks on these frontages. Staff recognizes sidewalks along this frontage would not connect to other sidewalks, but they would at least provide a safe location for pedestrians for portions of the street frontages and begin the sidewalk network in this area.

GENERAL INFORMATION

EXISTING LAND USE C-7 Undeveloped

COMMITMENTS

The commitments listed below are only applicable to the pending petition and are not comprehensive. There are no commitments for the subject site related to platting.

SURROUNDING ZONING AND LAND USE

North- C-3 Commercial South- SU-43 Residential East- C-3 Residential West- C-7/D-2 Commercial/Residential (Continued)

41 STAFF REPORT 2019-PLT-058 (Continued)

THOROUGHFARE PLAN Ferguson Road is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 40-foot existing right-of-way and a 50-foot proposed right-of-way.

Southeastern Avenue is classified in the Official Thoroughfare Plan for Marion County, Indiana as a primary collector, with a 100-foot existing right-of-way and a 106-foot proposed right-of-way.

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42 43

11. Ferguson Road frontage looking north

12. Southeastern Avenue frontage – site to right

44 PLAT STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-PLT-065 Address: 741 Greer Street (approximate address) Location: Center Township, Council District #16 Zoning: D-8 Petitioner: Kim Cook Request: Approval of a Subdivision Plat, to be known as Replat of Lot 26 in Greer and Waters Subdivision, dividing 0.261 acre into four lots.

Waivers Requested: None

A timely automatic continuance has been filed by a Registered Neighborhood Organization continuing this petition to the November 13, 2019 hearing.

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45 PLAT STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-PLT-066 Address: 8335 Mud Creek Road (approximate address) Location: Lawrence Township, Council District #4 Zoning: D-1 Petitioner: John and Emily Perkins and James and Theresa Yaney, by David Kingen and Justin Kingen Request: Approval of a Subdivision Plat, to be known as Mud Creek Hill Top Estates, dividing 4.36 acres into two lots.

This plat petition requires a variance to be granted for lot width before it can be heard by the Plat Committee. Therefore, staff is requesting a continuance to the December 11, 2019 hearing to allow time for a variance petition to be filed and heard.

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46 STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-PLT-070 Address: 7801 South Tibbs Avenue (approximate address) Location: Perry Township, Council District #17 Zoning: D-P (FF) (W-1) Petitioner: R.N. Thompson Development, by Arthur L. Kaser Request: Approval of a Subdivision Plat, to be known as Southern Dunes, Section Two, dividing 14.886 acres into one block.

Waivers Requested: None

Because the petitioner will be out of town on October 9, 2019, they are requesting a continuance to the November 13, 2019 hearing, without notice.

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47 PLAT STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

Case Number: 2019-PLT-072 Address: 9107 East Thompson Road (approximate addresses) Location: Franklin Township, Council District #25 Zoning: D-P Petitioner: D.R. Horton – Indiana LLC dba Westport Homes Request: Approval of a Subdivision Plat, to be known as The Village at New Bethel, Section Seven, subdividing 14.98 acres into 67 lots.

Waivers Requested: None

RECOMMENDATIONS:

Staff recommends that the Plat Committee approve and find that the plat, file-dated, August 29, 2019 complies with the standards of the Subdivision Regulations, subject to the following conditions:

1. That the applicant provide a bond, as required by Section 741-210, of the Consolidated Zoning and Subdivision Ordinance. 2. Subject to the Standards and Specifications of the Citizens Energy Group, 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 (Section 741-701, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording 7. That the Site Distance Covenant (Section 741-702, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 8. That the Sanitary Sewer Covenant (Section 741-704, of the Consolidated Zoning and Subdivision Ordinance) be affixed to the final plat prior to recording. 9. That the Storm Drainage Covenant (Section 741-703, of the Consolidated Zoning and Subdivision 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 741-207 and 741- 208 of the Consolidated Zoning and Subdivision Ordinance be met prior to recording the final plat.

(Continued)

48 STAFF REPORT 2019-PLT-072 (Continued)

SUMMARY OF ISSUES

The following information was considered in formulating the recommendation:

SITE PLAN AND DESIGN

 The proposed development would provide for 67 residential lots, including 38 half-lots for 19, two- family dwellings. This section of the subdivision consists of 14.98 acres and the resulting density would be 4.47 units per acre. This would be consistent with the requirements of the subdivision regulations and the development statement associated with 2002-ZON-180, 2007-APP-094, 2010- MOD-008 and 2014-ZON-020. Section Seven would be the last section of the Village at New Bethel development.

TRAFFIC / STREETS

 The plat would provide for the extension of three existing stub streets, Rowling Way, Twain Lane and Faulkner Drive. All three of these streets would connect within this section. Additionally, two stub streets would be provided to the south and one stub street would be provided to the east for future development.

GENERAL INFORMATION

EXISTING LAND USE Unimproved

COMMITMENTS

The development statement requirements listed below are only applicable to the platting requirements and are not comprehensive. Please refer to the complete approved development statement associated with petitions: 2014-ZON-180, 2007-APP-094, 2010-MOD-008 and 2014-ZON- 020.

Single-family dwelling lots

➢ Minimum lot size – 5,500 square feet. ➢ Minimum lot width – 55 feet at front setback line. ➢ Minimum floor area – one story – 1,300 square feet. ➢ Minimum floor area – two-story – 1,500 square feet. ➢ Minimum front setback of 20 feet, 22 feet for garages. ➢ Minimum side setback of four feet, with a 10-foot aggregate. ➢ Minimum 20-foot rear setback.

Two-family dwelling lots if different from single-family lots

➢ Minimum lot size – 5,280 square feet (per unit), 10,560 square feet (total for both lots) ➢ Minimum lot width – 48 feet at front setback line.

(Continued)

49 STAFF REPORT 2019-PLT-072 (Continued)

SURROUNDING ZONING AND LAND USE North - D-P Single-family dwellings/Undeveloped South - D-A Undeveloped East - D-A Undeveloped West - D-P Single-family dwellings/Undeveloped

THOROUGHFARE PLAN

 None of the streets are indicated in the Official Thoroughfare Plan.

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STAFF REPORT PLAT COMMITTEE – RESIDENTIAL MAJOR PLAT (METRO AREA)

Case Number 2019-PLT-075 Address (approx.) 7509 and 7511 New Augusta Road (Approximate Address) Location Pike Township, Council District # 1 Petitioner Davis Building Group, LLC, by Gordon D. Kritz Zoning D-4, D-5II and D-6II Request Approval of a Subdivision Plat to be known as Ashton, Section One, dividing 37.111 acres into 76 lots and 59 units. Waivers Requested None GENERAL INFORMATION

Existing Zoning D-4, D-5II and D-6II Existing Land Use Vacant Comprehensive Plan Suburban Neighborhood Surrounding Context Zoning Land Use North: D-6II Sports Complex South: D-3 Single-family residential East: D-P Single-family residential West: I-2 Industrial Thoroughfare Plan New Augusta Road Primary Collector 50-foot existing and 91-foot proposed Petition Submittal Date August 30, 2019 Final Plat Submittal Date August 30, 2019 Hearing Date October 9, 2019

DETAILED SUMMARY OF REQUEST

This plat has several major deficiencies that need to be addressed prior to staff making a recommendation. Therefore, staff is requesting a continuance to the November 13, 2019 hearing.

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54 STAFF REPORT

Department of Metropolitan Development Division of Planning Current Planning Section

FIRST HEARING

Case Number: 2019-VAC-010 General Address: 120 West 15th Street (Approximate Address) Location: Center Township, Council District # 11 Petitioner: Fire H20 LLC, by Brian J. Tuohy Hearing Date: October 9, 2019 Waivers: Assessment of Benefits

SUMMARY

This request would provide for a vacation of air rights over 15th Street, just east of Capitol Avenue, for a proposed pedestrian walkway that would connect a proposed office / retail building with a proposed parking garage. The proposed structure obtained preliminary and conditional design approval through the filing of a Regional Center Approval petition on September 12, 2019, via 2019-REG-056. That approval was subject to the approval of this proposed vacation.

15th Street – Air rights

This request would vacate 45 feet by 60 feet of air rights, along 15th Street, east of Capitol Avenue. The submitted survey indicates that the vacation would be approximately 0.062-acre in size, and begin 17 feet above grade. More specifically, the existing ground (grade) level is 717.1 above sea level. The proposed vacation area would encompass air space above 734.1 feet above sea level.

REVIEW

The vacation would permit the development of a preliminarily approved mixed-use development, which included an elevated pedestrian walkway above 15th Street. Use of the existing street and two sidewalks along 15th Street would not be compromised by this vacation.

In an email, dated September 24, 2019, the Department of Public Works requested that the clearance from the roadway surface to the pedestrian walkway structure be at least 17.5’. This would provide adequate clearance for larger vehicles.

After evaluation of the above considerations, staff finds that the vacation would be in the public interest and recommends the vacation petition be approved, if the petition would be amended to provide for at least 17.5’ of clearance from roadway surface to the pedestrian walkway structure.

PROCEDURE

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.

ASSESSMENT OF BENEFITS

A waiver of the assessment of benefits would be appropriate in that the proposed rights-of-way vacations would not affect any improved right-of-way.

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 waived; that the Plat Committee confirm and ratify the adoption of Declaratory Resolution 2019-VAC-010; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16, and the following condition:

That the legal description be amended to provide for a minimum of 17.5’ of clearance from roadway surface to the pedestrian structure.

GENERAL DESCRIPTION:

Vacation of the air rights of 15th Street above 734.1 feet, being at least 17 feet above the grade of 15th Street, which has an elevation of 717.1 feet, from a point 80 feet east of the northwest corner of Lot 12 in James Drake’s Subdivision as recorded in Plat Book One, Pages 95-96 in the Office of the Recorder of Marion County, to a point 45 feet to the east and 60 feet in width, lying between Capitol Avenue and Byram Place.

All with a waiver of the assessment of benefits.

UTILITIES AND AGENCY REPORT

Telephone: No answer, retain easement Gas: No answer, release easement Water: No answer, release easement Power: No objection, retain easement Cable: No answer, retain easement DPR: No answer, retain easement if requested DPW, SS: No answer, retain easement if requested DPW, TS: No objection, maintain a minimum of 17.5’ of clearance from roadway to walkway

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Aerial of site and surrounding area

Close-up map of site and surrounding area 2019-VAC-010

Survey of proposed vacation – 2019-VAC-010

Proposed plans of mixed-use development project including elevated pedestrian walkway 2019-VAC-010 59

View of 15th Street and Capitol Avenue looking northeast 2019-VAC-010

View of 15th Street looking east from Capitol Avenue 2019-VAC-010

View of lot south of 15th Street looking east from Capitol Avenue 2019-VAC-010

View of 15th Street looking east from Capitol Avenue – 2019-VAC-010 63