METROPOLITAN DEVELOPMENT COMMISSION...3 PLAT STAFF REPORT Department of Metropolitan Development...

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METROPOLITAN DEVELOPMENT COMMISSION PLAT COMMITTEE

PLAT STAFF REPORTS FOR

JUNE 10, 2020

Virtual Public Hearing by Webex: https://indy.webex.com/indy/onstage/g.php?MTID=ec008e1282d2d2bb2875dfd3651cdd1fb

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DEPARTMENT OF METROPOLITAN DEVELOPMENT DIVISION OF PLANNING

CURRENT PLANNING SECTION PETITION NO. PETITION ADDRESS AND LOCATION PAGE NO. EXPEDITED PETITIONS: 2020-PLT-026 6740 SOUTH FRANKLIN ROAD 3 FRANKLIN TOWNSHIP, CD # 25 2020-PLT-028 1422 EAST OHIO STREET 10 CENTER TOWNSHIP, CD # 17 2020-PLT-029 7748 HIGH DRIVE 15 WASHINGTON TOWNSHIP, CD # 2 2020-PLT-030 2024 and 2028 NORTH BOLTON AVENUE 23 WARREN TOWNSHIP, CD # 19 2020-PLT-032 419 NORTH 17TH AVENUE 28 CENTER TOWNSHIP, CD # 21 2020-PLT-033 137, 141 and 145 McKIM AVENUE 38 CENTER TOWNSHIP, CD # 17 2020-VAC-005 2024 BEACH AVENUE 44 WASHINGTON TOWNSHIP, CD # 2 PLAT PETITIONS CONTINUED PETITIONS: 2018-PLT-076** 6116 GUILFORD AVENUE 49 WASHINGTON TOWNSHIP, CD # 2

https://indy.webex.com/indy/onstage/g.php?MTID=ec008e1282d2d2bb2875dfd3651cdd1fb

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2020-PLT-011 7400 and 7500 TROTTER ROAD 50 DECATUR TOWNSHIP, CD # 20 2020-PLT-012 7905, 8200 and 8250 WEST MOORESVILLE ROAD 59 DECATUR TOWNSHIP, CD # 20 NEW PETITIONS: 2020-PLT-031 7208 EAST WASHINGTON STREET, 7 AND 9 70 NORTH SHORTRIDGE ROAD WARREN TOWNSHIP, CD # 19 2020-PLT-034 855 NORTH EAST STREET 79 CENTER TOWNSHIP, CD # 17 VACATION PETITIONS CONTINUED PETITION: 2019-VAC-013 813 NORTH ILLINOIS STREET 89 CENTER TOWNSHIP, CD # 11 * AUTOMATIC CONTINUANCE ** CONTINUANCE REQUESTED *** WITHDRAWAL

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PLAT STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section

Case Number: 2020-PLT-026 Address: 6740 South Franklin Road (approximate address) Location: Franklin Township, Council District #25 Zoning: C-S Petitioner: DRGSF Surplus LLC, by Russell L. Brown and Elizabeth

Bentz Williams Request: Approval of a Subdivision Plat to be known as Johnson

Fields West, dividing 26.42 acres into six lots.

Waivers Requested: None This petition was continued from May 13, 2020 to June 10, 2020 at the request of the petitioner. RECOMMENDATIONS: Staff recommends that the Plat Committee approve and find that the plat, filed-dated, April 2, 2020, 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.

(Continued)

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STAFF REPORT 2020-PLT-026 (Continued)

SUMMARY OF ISSUES

The following information was considered in formulating the recommendation: SITE PLAN AND DESIGN

The proposed development would provide for six commercial lots and two common areas, totaling 26.42 acres. The site would be an expansion of the large integrated center to the east. All lots would allow for future commercial development under the C-S and C-3 classification. Adequate access easements would be provided for ingress/egress to all the proposed lots. The proposed subdivision meets all the standards of the subdivision regulations, the C-S district and the commitments from rezoning petitions 2014-CZN-824B, C and D.

TRAFFIC / STREETS

All lots would have access to the existing access drives to the east and would gain access to Franklin or Southport Road via five existing access points. No new streets are proposed.

SIDEWALKS

Sidewalks are required along both street frontages.

GENERAL INFORMATION EXISTING ZONING AND LAND USE C-S/C-3 Undeveloped SURROUNDING ZONING AND LAND USE North - SU-3 Golf Course

South - D-P Single-family residential East - D-A Single-family residential West - D-A Undeveloped

THOROUGHFARE PLAN This portion of Franklin Road is designated in the Marion County

Thoroughfare Plan as a primary arterial with a 94-foot right-of-way existing and a 119-foot right-of-way proposed.

This portion of Southport Road is designated in the Marion County

Thoroughfare Plan as a primary arterial with an existing and proposed 142-foot right-of-way.

(Continued)

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1. Location of proposed Lots One and Two looking west

2. Location of proposed Lots Three and Four

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3. Existing access drive to east of site

4. Location of proposed Lot Five

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5. Location of proposed Lots Five and Six

6. Location of proposed Lot Six

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PLAT STAFF REPORT



Case Number: 2020-PLT-028 Address: 1422 East Ohio Street (approximate address) Location: Center Township, Council District #17 Zoning: D-8 Petitioner: Heritage Builders LLC, by Paul Carroll Request: Approval of a Subdivision Plat to be known as Replat of Lot

69 in Arsenal Park, dividing 0.13 acre into two single-family attached lots.

Waivers Requested: None RECOMMENDATIONS: Staff recommends that the Plat Committee approve and find that the plat, filed-dated, April 24, 2020, 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










11. No detached single-family dwellings shall be built on the individual lots.

(Continued)

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STAFF REPORT 2020-PLT-028 (Continued) SUMMARY The following information was considered in formulating the recommendation: SITE PLAN AND DESIGN

The subject site is zoned D-8 and developed with a two-family dwelling on a 0.13-acre parcel. Staff research of the Sanborn Fire Insurance Maps confirms that the building has been a two-family dwelling since at least 1898.

This proposed plat would divide the existing parcel into two lots with the lot line following the common wall of this two-family dwelling and continuing through the common wall of the detached garage. This replat would allow the property owner to sell each of the dwellings individually, rather than as one parcel, with minimal impact on the surrounding property owners.

STREETS

Vehicular access to the lots would be from the first east-west alley north of Ohio Street. No new streets are proposed for the development.

PROCEDURE ◊ According to staff research, the structure currently located at 1422-1424 East Ohio Street was

developed as a two-family dwelling prior to the enactment of the Indianapolis-Marion County Zoning Ordinance. As such, the building would not be required to meet the various development standards of the D-8 Dwelling District. This plat petition, if approved, only legally establishes the division of land. If the existing duplex were to be removed, any new construction would be required to meet all development standards of the D-8 Dwelling District, including, but not limited to, setbacks, minimum lot width and frontage, and minimum open space.

GENERAL INFORMATION EXISTING LAND USE D-8 Two-family 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-8 Single-family residential South- SU-1 Church East- D-8 Two-family residential West- D-8 Two-family residential

THOROUGHFARE PLAN The Official Thoroughfare Plan identifies this portion of Ohio Street as a local street, with a 60-foot right-of-way existing, and a 60-foot right of way proposed.

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PLAT STAFF REPORT



Case Number: 2020-PLT-029 Address: 7748 High Drive (approximate address) Location: Washington Township, Council District #2 Zoning: D-S Petitioner: Michael B. Stayton Revocable Trust and Michael B. Stayton

Trustee, by S. Gregory Zubek Request: Approval of a Subdivision Plat, to be known as Replat of

Lots Three and Four of Williams Creek Manor, combining 3.32 acres into one lot.

Waivers Requested: None RECOMMENDATIONS: Staff recommends that the Plat Committee approve and find that the plat, filed-dated, April 27, 2020, 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










(Continued)

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The subject site is zoned D-S and consists of two platted lots recorded in 2018. Lot Three is undeveloped and Lot Four is currently under development with a single-family dwelling. The lots have been combined into one tax parcel so the owner could develop both lots as one lot. However, there is a platted easement between existing lots Three and Four. The purpose of this replat petition is to remove the easement between the lots and create one larger lot, Lot 3A, for development.

The new lot, 3A, would meet the standards of the D-S classification and the Subdivision Regulations.

STREETS

Proposed lot 3A would front on the existing High Drive, which is a private access drive along the frontage of the subject site. No new streets are proposed for the development.

SIDEWALKS

Sidewalks are not required for the subject site. GENERAL INFORMATION EXISTING LAND USE D-S Undeveloped COMMITMENTS The commitments listed below are only applicable to the pending petition and are not comprehensive. There are no commitments related to platting. SURROUNDING ZONING AND LAND USE North D-S Single-family dwelling South D-S Single-family dwelling East D-S Single-family dwelling West D-S Single-family dwelling

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

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Original Plat c.2018

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7. Looking south on High Drive

8. Existing Lot Three

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9. Boundary line between existing Lots Three and Four - looking west

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PLAT STAFF REPORT



Case Number: 2020-PLT-030 Address: 2024 and 2028 North Bolton Avenue (approximate address) Location: Warren Township, Council District #19 Zoning: D-5 Petitioner: Aaron McGee Request: Approval of a Subdivision Plat, to be known as McGee’s

Replat of Lot One in Link’s Subdivision, being a replat of Lot Seven of Arlington Heights, Third Section, dividing 0.307 acre into two lots.

Waivers Requested: None RECOMMENDATIONS: Staff recommends that the Plat Committee approve and find that the plat, filed-dated, April 27, 2020, 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










(Continued)

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The subject site is zoned D-5 and developed with two single-family detached dwellings. The dwellings were built in 2000 and have previously existed as separate tax parcels. Although the land should have been platted in 2000 to split the parcels legally, the parcels were instead created through deeds. The dwellings were then constructed on separate tax parcels. At some point, the tax parcels were combined. Since they were not legally split by platting when the dwellings were built, they cannot be split again without a replat.

This proposed plat would divide the existing parcel into two lots. Lots One and Two would each contain a single-family dwelling. Since the Ordinance does not allow more than one primary structure on any lot, the plat would allow the property to conform with the Ordinance. Both lots would meet the standards of the D-5 classification and the Subdivision Regulations.

STREETS

Lots One and Two would front on Bolton Avenue. No new streets are proposed for the development.

GENERAL INFORMATION EXISTING LAND USE D-5 Two single-family dwellings 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-5 Single-family dwelling South D-5 Single-family dwelling East D-5 Single-family dwelling West D-5 Single-family dwelling

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

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10. Proposed Lot One

11. Proposed Lot Two

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

Case Number 2020-PLT-032 Address (approx.) 419 North 17th Avenue, City of Beech Grove (approximate address) Location Center Township, Council District # 21 Petitioner Deborah S. Copenhaver, by Gregory J. Ilko Zoning D-5 Request Approval of a Subdivision Plat, to be known as Bailey Park at 17th Avenue,

dividing 1.98 acres into five lots.

Waivers Requested None

GENERAL INFORMATION

Existing Zoning D-5 Existing Land Use Undeveloped Comprehensive Plan Traditional Neighborhood Surrounding Context Zoning Land Use

North: D-5 Single-family residential South: C-1/D-5 Single-family residential

East: D-5 Single-family residential West: D-5 Single-family residential

Thoroughfare Plan 17th Avenue Primary Arterial 80-foot existing and 80-foot proposed

Petition Submittal Date April 30, 2020 Final Plat Submittal Date April 30, 2020 Hearing Date June 10, 2020

DETAILED SUMMARY OF REQUEST

The subject site is a metes and bounds lot in the City of Beech Grove. The site was the subject of a rezoning to the D-5 classification (89-Z-196), a subsequent approval petition related to the commitments of that rezoning (2006-APP-156), and a variance of development standards regarding open space (2006-DVB-014). This request would provide for the subdivision of 1.98 acres into five lots (10 duplex lots), to provide for a residential two-family development with a density of 5.05 units per acre. One common area would be provided for a drainage area. This request is consistent with the standards of the D-5 Dwelling District and the Subdivision Regulations. STREETS This plat would provide for one new cul-de-sac that would intersect with 17th Avenue. All lots would front on the new cul-de-sac, Capra Court.

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COMMITMENTS The commitments listed below are only applicable to the platting requirements and are not comprehensive. Please refer to the recorded commitments with rezoning case 89-Z-196 and approval petition 2006-APP-156. Houses constructed shall be two-family duplexes, with each half containing a minimum of 1,200

square feet of living area.

There shall be five lots, with each being no less than 9,000 square feet.

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Aerial of site and area - 2020-PLT-032

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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.

• Layout of lots with numbering and dimensions.

• Floodway/Floodplain Delineation.

• Topographic Map.

• Area Map.

Satisfied

741-203.D – Traffic Control Plan • Traffic control street signs and devices.

• Traffic calming devices.

• Bicycle facilities.

• Sidewalks and pedestrian facilities.

• Transit facilities, such as bus stops pads or shelter.

• Street lighting.

Satisfied

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;

• 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.

None Requested

741-300 Design and Installation Standards

All proposed plats submitted for Committee approval under the provisions of these regulations shall meet these standards to the satisfaction of the Committee unless 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

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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.

• 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.

Satisfied

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

feet or less.

o Adequate traffic calming provisions are made.

o The block length must be exceeded because of physical

conditions of the land.

Satisfied

741-303 Streets and Connectivity

All proposed plats shall allocate adequate areas for streets in conformity with the Comprehensive Plan and Official Thoroughfare Plan for Marion County, Indiana, 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.

• Bicycle lanes meeting the Indiana Manual on Uniform Traffic Control

Devices (IMUTCD) for location, width, and marking shall be provided

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.

Satisfied

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.

• All existing or platted streets that terminate at the property boundary line

of a proposed subdivision shall be continued into the proposed

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.

Satisfied

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741-303.D – Cul-de-sacs (Compact Context Area): • In the Compact Context Area, cul-de-sac lengths shall not exceed 300 feet

or serve more than 20 dwelling units. Satisfied

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.

• Alleys may intersect; however, the intersecting alleys may not result in a

hammer head ("T") or an ell ("L") shaped intersection.

Satisfied

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.

• Bicycle Facilities for subdivisions with a collector street serving more than

100 dwelling units.

Satisfied

741.305 – Numbering and naming: • Street numbering per adopted addressing guidelines.

• Streets that are extensions or continuations of existing or approved

streets must bear the name of such existing street.

Satisfied

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

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.

Satisfied

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

area, entrance landscaping.

• 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.

Satisfied

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

any straight line and in accordance with the schedule in Table 741-

312-1.

Satisfied

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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.

• 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.

Not applicable

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

Lighting).

Satisfied

RECOMMENDATION FOR 2020-PLT-032

Staff recommends that the Plat Committee approve and find that the plat, file-dated April 30, 2020, 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 City of Beech Grove, Drainage Section. 3. Subject to the Standards and Specifications of the City of Beech Grove, 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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12. Looking south on 17th Avenue - site to left

13. Subject site looking east

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14. Subject site looking east

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PLAT STAFF REPORT



Case Number: 2020-PLT-033 Address: 137, 141 and 145 McKim Avenue (approximate address) Location: Center Township, Council District #17 Zoning: D-8 Petitioner: Heritage Builders LLC, by Paul Carroll Request: Approval of a Subdivision Plat, to be known as Owens

Replat of Lots 85, 86 and 87 in Ferguson Hill Place Addition, dividing 0.24 acre, into four lots.

Waivers Requested: None RECOMMENDATIONS: Staff recommends that the Plat Committee approve and find that the plat, filed-dated, May 1, 2020, 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










(Continued)

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The subject site is zoned D-8 and was recently improved with three single-family dwellings on three originally platted lots c.1889. The site is currently vacant.

This proposed plat would divide the existing three lots into four lots for the development of two, two-family dwellings. Each lot would contain half of a proposed two-family dwelling. All lots would meet the standards of the D-8 classification and the Subdivision Regulations.

STREETS

All the lots would gain access from the first north-south alley east of McKim Avenue. No new streets are proposed for the development.

GENERAL INFORMATION EXISTING LAND USE D-8 Vacant 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 I-3 Industrial South D-8 Vacant East D-8 Single-family dwellings West D-8 Single-family dwelling/Vacant

THOROUGHFARE PLAN McKim Avenue is classified in the Official Thoroughfare Plan for Marion County, Indiana as a local street, with a 41-foot existing right-of-way and a 41-foot proposed right-of-way.

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15. Location of northern two lots

16. Location of southern two lots

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17. View from alley - site to left

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STAFF REPORT Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2020-VAC-005 Address: 2024 Beach Avenue (Approximate Address) Location: Washington Township, Council District #2 Petitioner: Douglas M. Dunco and Susan J. Devoe, by David Kingen and Justin

Kingen Waiver Request: Assessment of Benefits

SUMMARY The request would vacate portions of a fifteen-foot wide, unimproved alley originally platted as part of the River Park Addition c.1920. The lots and street/alley rights-of-way for the plat were recorded, but most of the roads and alleys were never improved. Additionally, most of the lots remain undeveloped. The petitioner owns four lots within the subdivision that extends between Keystone Avenue and Lincoln Boulevard. Two lots front on Beach Avenue and two lots front on 79th Street. Beach Avenue is improved, but 79th Street is not. A single-family dwelling is located on the southern two lots that front Beach Avenue. The two lots that front on 79th Street do not have any improved public street frontage and are essentially unable to be developed. The proposed vacation would allow the petitioner to join the lots into one property thereby allowing additional accessory residential development or redevelopment of the four lots. The purpose of the vacation is for the consolidation of property. The subject portion of the alley right-of-way does not provide access to any other parcel other than the petitioner’s. The vacation request would remove unnecessary and unneeded right-of-way. Therefore, Staff finds that the vacation would be in the public interest, and the vacation should 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)

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STAFF REPORT 2020-VAC-005 (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 property was not acquired by condemnation and has not been maintained by the City of Indianapolis, the waiver would be appropriate. 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 2020-VAC-005; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16.

GENERAL DESCRIPTION: Vacation of an irregular portion of the first east-west alley north of Beech Avenue,

varying in width from 7.5 feet to 15 feet, and abutting the north line of Lots 157 and 158 of River Park Addition, an addition to the the City of Indianapolis, as recorded in Plat Book 18, Pages 121-122 in the Office of the Marion County Recorder, for a length of 95 feet and along the south line of Lots 174 and 175 of said addition for a length of 95 feet, from the northwest corner of said Lot 157 to the southeast corner of Lot 175, with a waiver of the assessment of benefits.

UTILITIES AND AGENCY REPORT Telephone: No answer, retain easement CEG, Gas: No answer, retain easement 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 LA ******

48

18. Southern lots looking north from Beach Avenue

49

PLAT STAFF REPORT



Case Number: 2018-PLT-076 Address: 6116 Guilford Avenue (approximate address) Location: Washington Township, Council District #2 Zoning: D-5 Petitioner: Daniel J. and Ann C. Lee, by David Kingen and Justin

Kingen Request: Approval of a Subdivision Plat, to be known as Replat of

Lot Two in Coil Park, dividing 0.36 acre into two lots.

Waivers Requested: None This petition was continued from October 10, 2018 to November 14, 2018, from November 14, 2018 to December 12, 2018 and from December 12, 2018 to January 9, 2019. This site was the subject of a variance petition that would have allowed for the lot sizes and lot widths as proposed. That variance petition was denied by Board of Zoning Appeals on December 12, 2018. Therefore, this petition cannot be heard. This plat petition was then continued from January 9, 2019 to May 8, 2019 from May 8, 2019 to December 11, 2019, from December 11, 2019 to March 11, 2020 and from March 11, 2020 to May 13, 2020 to allow for the petitioner to refile a variance petition. A new variance petition has been filed. It is proposed to be continued to July 21, 2020. Therefore, this petition should be continued to the August 12, 2020 hearing. LA *****

50

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

Case Number 2020-PLT-011 (Amended) Address (approx.) 7400 and 7500 Trotter Road (Approximate Address) Location Decatur Township, Council District # 20 Petitioner Lennar Homes of Indiana, Inc., by Gordan D. Kritz Zoning D-3 Request Approval of a Subdivision Plat, to be known as Glenwood, Section One,

dividing 28.8 acres into 73 single-family lots Waivers Requested

None

GENERAL INFORMATION

Existing Zoning D-3 Existing Land Use Undeveloped

Comprehensive Plan Suburban Neighborhood Surrounding Context Zoning Land Use

North: D-3 Undeveloped South: D-3/D-A Undeveloped

East: D-A Undeveloped West: D-A/D-4/D-3 Single-Family residential

Thoroughfare Plan

Trotter Road Primary Collector 55-foot existing and 80-foot proposed

Petition Submittal Date January 31, 2020 Final Plat Submittal Date January 31, 2020

Hearing Date April 8, 2020


This petition was automatically from March 11, 2020 to April 8, 2020 by a Registered Neighborhood Organization. It was continued from April 8, 2020 to May 13, 2020 due to remonstrance. It was continued from May 13, 2020 to June 10, 2020 at the request of the remonstrance. The plat has been amended to change the location of one of the proposed stub streets. This a 28.8-acre site, zoned D-3, is undeveloped. It is part of a larger 55.33 tract that was rezoned to the D-3 classification in 1992 (92-Z-35). Section One would provide for 73 lots on 28.8 acres. Four new streets would be provided and three stubs would be provided for connections. Two of the stubs would connect to future undeveloped land and one stub would connect to future Section Two. The proposed plat complies with the standards of the Subdivision Regulations, the approved zoning commitments and the standards of the D-3 classification.

51

COMMITMENTS The commitments or development statement requirements listed below are only applicable to the platting requirements and are not comprehensive. Please refer to the complete recorded commitments or approved development statement associated with rezoning petition 92-Z-35: 1. The real estate shall be developed exclusively for single-family residential purposes in substantial

compliance with the conceptual site development plan, file-dated July 2, 1992.

2. Right-of-way dedication shall occur per the Thoroughfare Plan in connection with the platting of the

land.

LA *******

52


54

Common Area Amenities Plan

55










• Area Map.

Satisfied







Satisfied

741-203.E– Natural infrastructure plan (major plats containing more than 20 lots) • Placement of all proposed drainage facilities for the subdivision, indicating

type of facility and if the facility is to be designed to be wet or dry

• Location of Open Space Areas of the open space common area, indicating

size and general improvements

• Location of any Stream Protection Corridors in accordance with Section

744-205 (Stream Protection Corridors)

Satisfied
















None Requested



56








Satisfied








Satisfied




feet or less.




Satisfied

















system.

Satisfied

57

741-303.B – Through Connectivity (Metro Context Area): • Emergency vehicles must not have to use more than two different local




are prohibited.








• Whenever cul-de-sac streets are created, a 15-foot-wide pedestrian


sac head or street.

• Subdivisions with 30 or more lots shall have more than one entrance to

the existing street network.

Satisfied

741-303.D – Cul-de-sacs (Metro Context Area): • In the Metro Context Area, cul-de-sac lengths shall not exceed 500 feet or

serve more than 20 dwelling units. No Cul-de-sacs


EVALUATION


• Traffic calming devices for streets exceeding 900 feet in length.


100 dwelling units.

Satisfied




Street naming and numbering not submitted



of 10 feet.








Satisfied

58











Satisfied





312-1.

Satisfied








Not applicable



Lighting).

Satisfied


That the Plat Committee approve and find that the plat, file-dated January 31, 2020, 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 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)





Consolidated Zoning and Subdivision Ordinance be submitted, prior to recording the final plat.

LA *******

59

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

Case Number 2020-PLT-012 Address (approx.) 7905, 8200 and 8250 West Mooresville Road (Approximate Address) Location Decatur Township, Council District # 20 Petitioner Lennar Homes of Indiana, Inc., by Gordan D. Kritz Zoning D-A and D-3 Request Approval of a Subdivision Plat, to be known as Glenwood, Section Two,

dividing 26.5 acres into 58 single-family lots Waivers Requested

None

GENERAL INFORMATION

Existing Zoning D-3 Existing Land Use Undeveloped

Comprehensive Plan Suburban Neighborhood Surrounding Context Zoning Land Use

North: D-3 Undeveloped South: D-3/D-A Undeveloped

East: D-A Undeveloped West: D-A/D-4/D-3 Single-Family residential

Thoroughfare Plan

Trotter Road Primary Collector 55-foot existing and 80-foot proposed

Mooresville Road Secondary Arterial 50-foot existing and 80-foot proposed

Petition Submittal Date January 31, 2020

Final Plat Submittal Date January 31, 2020 Hearing Date March 11, 2020


This petition was automatically continued from March 11, 2020 to April 8, 2020 by a Registered Neighborhood Organization. It was continued from April 8, 2020 to May 13, 2020 due to remonstrance. It was continued from May 13, 2020 to June 10, 2020 at the request of the remonstrance. This a 26.5-acre site, zoned D-3, is undeveloped. It is part of a larger 55.33 tract that was rezoned to the D-3 classification in 1992 (92-Z-35). Section Two would provide for 58 lots on 26.5 acres. One stub street, Able Drive, would be extended from Section One and extend south to connect with Trotter Road. Two additional stub streets would be provided to the east for future development. The proposed plat complies with the standards of the Subdivision Regulations, the approved zoning commitments and the standards of the D-3 classification.

60

COMMITMENTS The commitments or development statement requirements listed below are only applicable to the platting requirements and are not comprehensive. Please refer to the complete recorded commitments or approved development statement associated with rezoning petition 92-Z-35: 1. The real estate shall be developed exclusively for single-family residential purposes in substantial

compliance with the conceptual site development plan, file-dated July 2, 1992.

2. Right-of-way dedication shall occur per the Thoroughfare Plan in connection with the platting of the

land.

LA *******

61


64

Common Area Amenities Plan

65










• Area Map.

Satisfied







Satisfied







Satisfied
















None Requested



66








Satisfied








Satisfied




feet or less.




Satisfied

















system.

Satisfied

67

741-303.B – Through Connectivity (Metro Context Area): • Emergency vehicles must not have to use more than two different local




are prohibited.








• Whenever cul-de-sac streets are created, a 15-foot-wide pedestrian


sac head or street.

• Subdivisions with 30 or more lots shall have more than one entrance to

the existing street network.

Satisfied

741-303.D – Cul-de-sacs (Metro Context Area): • In the Metro Context Area, cul-de-sac lengths shall not exceed 500 feet or

serve more than 20 dwelling units. No Cul-de-sacs


EVALUATION


• Traffic calming devices for streets exceeding 900 feet in length.


100 dwelling units.

Satisfied




Street naming and numbering not submitted



of 10 feet.








Satisfied

68











Satisfied





312-1.

Satisfied








Not applicable



Lighting).

Light fixture required at each intersection- not

shown at Able Drive/Trotter Rd


That the Plat Committee approve and find that the plat, file-dated January 31, 2020, 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 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)




prior to recording the final plat.

69

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 submitted, prior to recording the final plat.

12. A light fixture shall be installed at the intersection of Able Drive and Trotter Road.

LA *******

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PLAT STAFF REPORT



Case Number: 2020-PLT-031 Address: 7 and 9 North Shortridge Road and 7208 East Washington

Street (approximate address) Location: Warren Township, Council District #19 Zoning: C-4 Petitioner: V3 Companies, by Brian Rismiller Request: Approval of a Subdivision Plat, to be known as Shortridge

Commons, dividing 2.455 acres into three lots, with a waiver of sidewalks.

Waivers Requested: Sidewalks RECOMMENDATIONS: Staff recommends that the Plat Committee approve and find that the plat, filed-dated, April 28, 2020, 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










11. That access easements be added to the existing access drives prior to final plat recording. 12. That the waiver of the sidewalk requirement be denied.

(Continued)

71


The 2.455-acre site is zoned C-4 and developed with several commercial uses as an integrated center. The site is currently comprised of five different tax parcels. This plat petition would adjust the lot lines so there are three total lots, with each building being on its own lot.

The entire site is integrated via common access drives. However, it appears no formal ingress/egress easements have been established. Therefore, access easements should be added to the final plat to ensure the site’s continued integration and access to both streets.

All lots would meet the standards of the C-4 District and the subdivision regulations. STREETS

All the proposed lots would access Washington Street or Shortridge 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 Shortridge Road in front of proposed Lot One. A waiver of this requirement has been requested. Sidewalks already exist along Washington Street and on Shortridge Road in front of proposed Lot Two. The installation of approximately 75 lineal feet of sidewalk would be required with this plat petition.

The Shortridge Road frontage is a location where sidewalks would be desired and required if the site were developing now. Since the site was developed in the 1960’s, prior to sidewalk and commercial platting requirements, no provision was made to accommodate sidewalks along Shortridge Road.

The Shortridge Road frontage has enough right-of-way for a sidewalk and a level grade. There are no evident site conditions preventing the installation of sidewalks on this frontage. Sidewalks exist along Shortridge Road on a portion of the property north of the site. No sidewalks exist on Shortridge Road south of the site.

Sidewalks along the Shortridge Road frontage are critical because it is a bus route. It would also provide a safe walking space for those pedestrians traveling to the nearby Washington Street bus line.

(Continued)

72

STAFF REPORT 2020-PLT-031 (Continued) GENERAL INFORMATION EXISTING LAND USE C-4 Commercial COMMITMENTS The commitments listed below are only applicable to the pending petition and are not comprehensive. There are no commitments for the subject site.

SURROUNDING ZONING AND LAND USE North- C-3/D-3 Commercial/Residential South- C-5 Commercial East- D-3/C-1 Residential/Commercial West- C-4/C-5 Commercial THOROUGHFARE PLAN The Official Thoroughfare Plan identifies this portion of Washington

Street as a primary arterial, with a 124-foot right-of-way existing, and a 124-foot right of way proposed.

The Official Thoroughfare Plan identifies this portion of Shortridge

Road as a local street, with a 72-foot right-of-way existing, and a 72-foot right of way proposed.

LA *****

75

19. Existing frontage on Washington Street looking west

20. East side of site looking north

76

21. Existing building on proposed Lot Three

22. Existing building on proposed Lot Two looking northwest

77

23. Frontage along Shortridge Road in front of proposed Lot One - location of sidewalk waiver request

24. Existing building on proposed Lot One

78

25. Existing building on proposed Lot Two

26. Existing frontage and sidewalk on proposed Lot Two along Shortridge Road

79

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

Case Number 2020-PLT-034 Address (approx.) 855 North East Street (Approximate Address) Location Center Township, Council District # 17 Petitioner 855 North East, LLC, by Brady Kuhn Zoning D-8 Request Approval of a Subdivision Plat to be known as Chatham Park,

subdividing 1.86 acres into 11 lots and two blocks.

Waivers Requested None

GENERAL INFORMATION

Existing Zoning D-8 Existing Land Use Vacant Comprehensive Plan Traditional Neighborhood Surrounding Context Zoning Land Use

North: D-10/D-8 Multi and Single-Family residential South: D-10/D-8 Multi and Single-Family residential

East: D-8 Single-Family residential West: CBD-2/CBD-S Multi-Family residential

Thoroughfare Plan East Street Primary Arterial 78-foot existing and 78-foot proposed

Park Avenue Local Street 48-foot existing and 48-foot proposed

9th Street Local Street 48-foot existing and 48-foot proposed Petition Submittal Date May 1, 2020 Final Plat Submittal Date May 1, 2020 Hearing Date June 10, 2020


A plat for this site was approved by the Plat Committee in 2017. Because it was not recorded in the required two-

year period, that approval expired. This proposed plat is the same as the plat approved in 2017.

The subject site was the site of one large building, most recently used as a school. That structure was demolished

after approval by the Indianapolis Historic Preservation Commission (IHPC) on May 3, 2017. The IHPC also

approved petitions to rezone to the D-8 classification to allow for one mixed-use building and one multi-family

building on North East Street and two, two-family dwellings and seven single-family dwellings on Park Avenue and

East 9th Streets.

This plat request would divide the existing parcel into eleven lots and two blocks. The lots would contain the

single and two-family dwellings. Block B would contain the multi-family building and the mixed-use building.

Block A would contain Common Area for the overall development.

All lots would meet the standards of the D-8 zoning classification, the subdivision regulations and the approved

variance. The proposed plat would be consistent with the site plans approved for the Certificate of

Appropriateness (2016-COA-445). The buildings proposed on Block B are currently under construction.

LA *******

80

Aerial of site and area – 2020-PLT-034

83










• Area Map.

Satisfied







Satisfied







Not Applicable
















None Requested



84








Satisfied








Satisfied




feet or less.




Existing Block/Not Applicable

















system.

Existing Streets Not Applicable

85

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




are prohibited.








• Whenever cul-de-sac streets are created, a 15 foot wide pedestrian


sac head or street.

Existing Streets Not Applicable

741-303.D – Cul-de-sacs (Compact Context Area): • In the Compact Context Area, cul-de-sac lengths shall not exceed 300 feet

or serve more than 20 dwelling units. Not Applicable

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.

• Alleys may intersect; however, the intersecting alleys may not result in a

hammer head ("T") or an ell ("L") shaped intersection.

Not Applicable


EVALUATION


• Traffic control devices for streets exceeding 900 feet in length.


100 dwelling units.

None proposed




Addresses still needed



of 10 feet.








Satisfied

86











See Condition #11





312-1.

Not applicable








Not applicable



Lighting).

Satisfied


Staff recommends that the Plat Committee approve and find that the plat, file-dated May 1, 2020, complies with the standards of the Subdivision regulations, subject to the following conditions: 1. Subject to the Standards and Specifications of the Department of Public Works, 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)





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 of the final plat, prior to recording.

87

27. Subject site looking southeast along East Street

28. Subject site looking northeast along East Street

88

29. South end of site looking east

89

STAFF REPORT Department of Metropolitan Development

Division of Planning Current Planning Section

FIRST HEARING Case Number: 2019-VAC-013 General Address: 811 North Illinois Street (Approximate Address) Location: Center Township, Council District # 11 Petitioner: 811 Illinois Partners LLC, Sycamore Street Partners LLC and Citizens By-

Product Coal Company, by David Kingen and Justin Kingen Hearing Date: February 12, 2020 Waivers: Assessment of Benefits ADDENDUM FOR JUNE 10, 2020 This petition was filed on October 10, 2019, with an original hearing date of December 11, 2019. This petition has been continued four times since that original hearing date. SUMMARY This request would vacate an improved east-west alley, north of St. Clair Street and east of Illinois Street. The alley is 10.67 feet in width and 210 feet in length. The site abuts 811 North Illinois Street and 20 West McCarty Street to the south and 817 North Illinois Street to the north, which is improved with a Citizens Energy facility. The intent of the vacation, according to the petition, would be to provide “for the planning of a future private sector development that will use the two parcels to the south and a little more than the southern half of the portion of the alley to be vacated.” Currently, the alley is unused due to illegal fences placed within the western portion of the alley. The public has not had the ability to use this alley due to these two fences blocking it. Staff does not have information as to when these fences were installed. The alley is improved with concrete and in mostly good condition. Staff requested a site plan since the submitted Findings of Fact indicated that the need for the vacation was based on the future development of the adjacent parcels to the south. The plan, filed on January 22, 2020, is included below. REVIEW In review of the proposed site and development plan, the vacation of this alley to permit development on the adjacent southern parcels and a portion of the subject alley raises significant issues as to the need to vacate the alley:

(Continued) STAFF REPORT 2019-VAC-013 (Continued)

90

1. The two southern parcels consist of a total of 25,630 square feet, or approximately 0.59-

acre. The proposed first floor of the development would be 12,107 square feet, or less than one-half of the lot. The balance of the lot would be surface parking, with a small amount of greenspace.

2. The proposed development would place the proposed building north along Illinois Street, 6.17 feet into the subject alley. Along St. Clair Street, the building would cover about 2/3 of the street frontage. There would be approximately 60 to 70 feet along St. Clair Street that would be left undeveloped. That portion would only be improved with surface parking and a small amount of landscaping.

3. The site is zoned CBD-3, which permits a zero-foot side yard setback. However, if no alley

exists between two properties, and if the buildings do not abut each other, a minimum 10-foot setback is required. The proposed development plan indicates that there would be a 4.5-foot setback from the proposed north property line. Thus, if this vacation would be approved and the development is proposed in this manner, a variance of development standards would be required for the development to occur. This represents a self-imposed practical difficulty and would not meet the Findings of Fact for the Board of Zoning Appeals to grant such a request.

4. The development proposes over 10,000 square feet of retail space and 22 dwelling units,

so the low number of dwellings could not, alone, support that amount of retail. New residential development was recently approved south of St. Clair Street. Staff would suggest that retail development would have a better chance of success, if predominately located along St. Clair Street.

5. The petitioner’s Findings of Fact clearly indicate that the need for this vacation is for a

private venture. The plan is deficient in proving that there is a need to vacate this alley and that it would be in the ‘public’ interest. The proposed development, with minor adjustments, could be constructed without the need to vacate the subject alley and not require a variance petition. After evaluation of the above considerations, staff finds that the vacation would not be in the public interest and recommends the vacation petition be denied. 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) STAFF REPORT 2019-VAC-013 (Continued)

91

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 not be appropriate in that the proposed rights-of-way vacation is improved with pavement. RECOMMENDED MOTION (Denial): That the Plat Committee find that the proposed vacation is not in the public interest and that the Plat Committee deny Declaratory Resolution 2019-VAC-013. RECOMMENDED MOTION (Approval): That the Plat Committee find that proposed vacation is in the public interest; that a hearing upon the assessment of benefits be held on July 8, 2020; that the Plat Committee confirm and ratify the adoption of Declaratory Resolution 2019-VAC-013; 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, being 10.67 feet wide, north of St. Clair Street from the southwest corner of Lot 15 of Joseph R. Pratt’s Subdivision in Outlot 171of the Donation Lands of the City of Indianapolis as recorded in Plat Book 1, Page 97 in the Office of the Marion County Recorder, being the east right-of-way line of Illinois Street, east 210 feet to the southeast corner of said Lot 15, being the west right-of-way line of Pierson Street. All with a waiver of the assessment of benefits. UTILITIES AND AGENCY REPORT Telephone: No answer, retain easement Gas: No objection, release easement Water: No objection, 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 answer, retain easement if requested JY ******

92

Map of site and surrounding area

Aerial of site and surrounding area

2019-VAC-013

93

Preliminary site development plan – 2019-VAC-013

94

Photo of Pierson Street (named alley between Meridian Street and Illinois Street), looking north –

2019-VAC-013

95

Photo of eastern portion of subject alley from Pierson Street - 2019-VAC-013

96

Photo of subject alley from Pierson Street, looking west toward Illinois Street - 2019-VAC-013

97

Photo of subject alley looking west toward Illinois Street - 2019-VAC-013

98

Photo of alley from Illinois Street, looking east – 2019-VAC-013

METROPOLITAN DEVELOPMENT COMMISSION...3 PLAT STAFF REPORT Department of Metropolitan Development...

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