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METROPOLITAN DEVELOPMENT COMMISSION PLAT COMMITTEE

PLAT STAFF REPORTS FOR

FEBRUARY 10, 2016

Room 260 2nd Floor City-County Building

1:00 p.m.

DEPARTMENT OF METROPOLITAN DEVELOPMENT DIVISION OF PLANNING

CURRENT PLANNING SECTION PETITION NO. PETITION ADDRESS AND LOCATION PAGE NO. EXPEDITED PETITION: 2016-PLT-001 1401 EAST VERMONT STREET 2 CENTER TOWNSHIP, CD # 17 PLAT PETITIONS CONTINUED PETITION: 2015-PLT-010** 6205 SHELBYVILLE ROAD 6 FRANKLIN TOWNSHIP, CD # 25 VACATION PETITIONS CONTINUED PETITION: 2015-VAC-019 727 NOBLE STREET 12 CENTER TOWNSHIP, CD # 16 NEW PETITION: 2015-VAC-020 269 WEST 16TH STREET 28 CENTER TOWNSHIP, CD # 11 2015-VAC-021 3701 SHELBY STREET 32 PERRY TOWNSHIP, CD # 16 * Automatic continuance ** Continuance requested *** Petition withdrawn/dismissal    

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PLAT STAFF REPORT Department of Metropolitan Development Division of Planning

Current Planning Section

Case Number: 2016-PLT-001 Plat Name: 1717 / 1719 Replat of Lot Number 185 of Allen and Root’s North

Addition to the City of Indianapolis General Address: 1401 Vermont Street Location: Center Township, Council District # 17 Petitioner: Charles Loring, by Chad T. Walker Zoning District: D-8 Request: Approval of a Subdivision Plat to be known as 1401 E Vermont St.,

subdividing 0.113 acre into two half-lots for an existing two-family dwelling and detached garage.

Date Filed: January 4, 2016

Waivers Requested: None RECOMMENDATIONS: Staff recommends that the Plat Committee approve and find that the plat, filed-dated, January 4, 2016, complies with the standards of the Subdivision Control Ordinance, 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 (Appendix, Covenants, of the Subdivision Control Ordinance,

and required by the Metropolitan Development Commission's Resolution No. 83-R-58, 1983) be affixed to the final plat, prior to recording.

6. That the Site Distance Covenant (Appendix of the Subdivision Control Ordinance) be affixed to the final plat, prior to recording.

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

8. That the Sanitary Sewer Covenant (Appendix, Covenants, of the Subdivision Control 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 731-320(b)(6) and 731-329 of the Subdivision Control Ordinance are met.

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

(Continued)

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STAFF REPORT 2016-PLT-001 (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 0.133-acre parcel

and a detached garage.

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

STREETS Vehicular access to the site would be from the first east/west alley south of Vermont Street. No

new streets are proposed for the development. 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- D-8 Single-family residential East- D-8 Vacant lot West- D-8 Two-family residential THOROUGHFARE PLAN This portion of East Vermont Street is not indicated on the Official

Thoroughfare Plan. LA *****

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section

Case Number: 2015-PLT-010 Plat Name: Duckworth Woods Address: 6205 Shelbyville Road (Approximate Address) Location: Franklin Township, Council District #25 Petitioner: Stephen E. Duckworth by David Kingen and Justin Kingen Request: Approval of a Subdivision Plat to be known as Duckworth Woods, dividing

7.27 acres into two lots, with a waiver of sidewalks. Date Filed: July 31, 2015 Waiver Requested:Sidewalks This petition was continued from September 9, 2015 to October 14, 2015, from October 14, 2015 to November 14, 2014,from November 14, 2015 to January 13, 2016 and from January 13, 2016 to February 10, 2015 at the request of the petitioner. The petitioner has requested another continuance to the April 13, 2016 hearing to allow time to evaluate the conditions in the staff report. RECOMMENDATIONS: Staff recommends that the Plat Committee approve and find that the plat, filed-dated, July 31, 2015, complies with the standards of the Subdivision Control Ordinance, 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 (required by the Metropolitan Development Commissions

Resolution No 83-R-58, 1983) be affixed to the final plat, prior to recording 6. That the Site Distance Covenant (Appendix of the Subdivision Control Ordinance) be affixed to the

final plat, prior to recording. 7. That the Sanitary Sewer Covenant (Appendix of the Subdivision Control Ordinance) be affixed to

the final plat, prior to recording. 8. That the Storm Drainage Covenant (Appendix of the Subdivision Control 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 731-320(b)(6) and 731-

329 of the Subdivision Control Ordinance are met. 11. That the street centerline of Shelbyville Road be shown on the final plat. 12. That the required dedicated half right-of-way be shown, in addition to a dedicatory statement. 13. That the sidewalk waiver be approved subject to a financial contribution to the City’s sidewalk fund

at a rate described in Section 731-221(c)(4)(g)(3)(ii). If the sidewalk waiver is denied, a performance bond shall be required prior to recording the final plat.

(Continued)

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STAFF REPORT 2015-PLT-010 (Continued) SUMMARY The following information was considered in formulating the recommendation: SITE PLAN AND DESIGN The proposed subdivision would provide for the subdivision of 7.27 acres into two lots. A 1.068-

acre portion of the northwest part of the subject site would be Lot 2 and is the subject of a pending rezoning to the D-1 classification. The existing dwelling would be on proposed Lot 2. The residual piece (Lot 1) would be 6.319 acres in size, would remain zoned D-A and would be eligible as a new buildable lot for a single-family dwelling. This request would be consistent with both zoning classifications and the requirements of the Subdivision Control Ordinance.

STREETS The plat would not provide for any new streets. Both of the proposed lots would have frontage on

Shelbyville Road. When subdivided, both lots would have adequate street frontage. SIDEWALKS The subject site contains a total of approximately 470 feet of linear frontage. Sidewalks are

required along any perimeter streets when residential lots are platted in Marion County. Due to the substantial amount of linear frontage along Shelbyville Road, staff does not want to waive an opportunity to get a substantial amount of sidewalk installed. However, staff also recognizes the existence of Little Buck Creek and the significant elevation change adjacent to the bridge over the creek, as challenges to installing a safe, usable sidewalk. Therefore, staff is recommending the petitioner contribute to the City’s sidewalk fund as an alternative to installing the sidewalks.

DEVELOPMENT ISSUE The legal description for this site would create a zero-foot setback for a detached garage near the

proposed eastern lot line of Lot 2. With the D-1 district requiring a minimum eight-foot side setback, a variance would be required. Prior to plat recording, a setback variance should be obtained for that garage or it should be removed.

GENERAL INFORMATION EXISTING LAND USE D-A/D-1(pending) Single-family detached dwelling COMMITMENTS The commitments listed below are only applicable to the pending petitions and are not comprehensive. Please refer to the commitments of the rezoning case: 2015-ZON-061: ◊ A 40-foot half right-of-way shall be dedicated along the frontage of Shelbyville Road.

(Continued)

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STAFF REPORT 2015-PLT-010 (Continued) SURROUNDING ZONING AND LAND USE North - D-A Single-family residential South - D-A Single-family residential East - SU-1 Single-family residential West - D-A Single-family residential COMPREHENSIVE GENERAL LAND USE PLAN Proposes very low-density residential development of zero to 1.75

units per acre. THOROUGHFARE PLAN The Official Thoroughfare Plan indicates that Shelbyville Road is a

primary arterial, with a 45-foot right-of-way existing and an 80-foot right-of-way proposed.

LA ******

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1. Frontage of Lot 2 looking northwest

2. Existing dwelling and outbuildings on Lot 2

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3. Existing barn to be on Lot 1

4. Frontage of Lot 1 looking southeast towards Buck Creek

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STAFF REPORT

Department of Metropolitan Development

Division of Planning Current Planning Section

FIRST HEARING Case Number: 2015-VAC-019 General Address: 727 and 729 Noble Street (Approximate Address) Location: Center Township, Council District # 19 Petitioner: Gerold A. and Marlina Schmid and Michael P. and Yolanda L.

McCormick, by David Kingen and Justin Kingen Hearing Date: January 13, 2016 Waivers: Assessment of Benefits ADDENDUM for FEBRUARY 10, 2016 This petition was continued from January 13, 2016 to the February 10, 2016 hearing, by request of the petitioner. The petitioner submitted additional information to the file on January 27, 2016. In addition, a City-County Councilor submitted a letter to the file on February 1, 2016. JANUARY 13, 2016 SUMMARY This vacation petition would vacate the first east-west alley south of Norwood Street and north of McCarty Street, adjacent to Noble Street. The subject alley is a fifteen-foot right-of-way. A second east-west alley, between Norwood Street and McCarty Street, exists three lots south of the subject alley. That alley right-of-way is 10 feet in width. The petition indicates that the vacation would ‘eliminate foot and auto traffic, which can be a disturbance to the nearby neighbors’. The petition further states that owners of the adjacent properties must clean up the alley and have issues parking their vehicles. The alley right-of-way continues east of the north-south alley, however, this part of the alley is in grass and dead-ends at Virginia Avenue, with a guard rail. The public must turn north to Norwood Street or south to McCarty Street to egress the area. The property owners of the sites adjacent to the proposed vacation area have given consent for this petition. The proposed vacation would provide for private parking for the adjacent property owners. To approve a vacation of right-of-way, the findings of fact must indicate why the vacation would be in the public interest. The submitted findings of fact state these reasons for the vacation:

1. eliminate foot and auto traffic, and,

2. difficulty of vehicles making the turn from the alley to the north-south alley to the east.

(Continued)

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STAFF REPORT 2015-VAC-019 (Continued)

Alleyways are installed to provide a means for pedestrians and vehicles to get from one place to another in an urban environment, particularly with respect to accessing and servicing properties and buildings. It would not be in the public interest to vacate this right-of-way. Additionally, no evidence has been submitted to demonstrate the difficulty of a typical vehicle making a right or left turn from this alley, notwithstanding the apparent degree of difficulty for turning movements, other evidence presented in the file indicates that the alley is being used by the public.

WAIVER OF THE ASSESSMENT OF BENEFITS

A waiver of the assessment of benefits is requested. Staff noted on a site visit that the alley is well used. There is visual evidence to support the fact that the alley was paved at one time. Since the City improved this alley, staff would not support the waiver of the assessment of benefits.

RECOMMENDED MOTION: That the Plat Committee find that the proposed vacation is not in the public interest and that the Plat Committee deny Declaratory Resolution 2015-VAC-019.

PROCEDURE

Neither the Division of Planning nor the Plat Committee, Hearing Examiner or Metropolitan Development Commission determines how vacated right-of-way is divided. The approval of a vacation petition only eliminates the public right-of-way. The vacation approval does nothing more. A petitioner will not receive a deed or other document of conveyance after the approval of a vacation.

The general rule under Indiana case law is that when a street or highway is vacated or abandoned the title to the land reverts to the abutting property owners. This rule exists by virtue of the fact that the abutting land owner owns to the center of the street or highway subject only to an easement for the public to the use of the street or highway. Gorby v. McEndarfer 135 Ind.App. 74, *82, 191 N.E.2d 786, **791 (Ind.App.1963). However, there are possible exceptions to this general rule.

After a vacation of public right-of-way the county assessor determines how the vacated right-of-way will be assessed for tax purposes.

Petitioners and abutters of the vacated right-of-way should consult their own attorneys for advice regarding the ownership of the vacated right-of way.

GENERAL DESCRIPTION:

Vacation of the first east-west alley, being 15 feet wide, south of Norwood Street, from the east right-of-way line of Noble Street, being the southwest corner of Lot Four in Greer and Waters Subdivision of Out lot 101 and Part of Out lot 100 in the City of Indianapolis, as recorded in Plat Book One, Page 255 in the Office of the Recorder or Marion County, Indiana, 120 feet to the southeast corner of said lot, being the west right-of-way line of the first north-south alley east of Noble Street, with a waiver of the assessment of benefits.

(Continued)

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STAFF REPORT 2015-VAC-019 (Continued)

UTILITIES AND AGENCY REPORT

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

JY ******

 

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Survey of proposed vacation area – 2015-VAC-019

 

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Map of site and area – 2015-VAC-019

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Photograph of the west end of the subject alley (at Noble Street), looking north - 2015-VAC-019

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Photograph of pavement condition at the west end of the alley – 2015-VAC-019

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Photograph of the subject alley looking east - 2015-VAC-019

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Photograph of the subject alley pavement condition - 2015-VAC-019

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Photograph of the subject alley pavement condition at the east end - 2015-VAC-019

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Photograph of the east end of the alley and the ‘dead-end’ portion’ (dead-end portion is not part of this request, note the guard rail) – 2015-VAC-019

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Photograph of the north-south alley from the subject alley, looking north – 2015-VAC-019

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Photograph of the north-south alley from the subject alley, looking south – 2015-VAC-019

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Photograph of the second east-west alley in this block (this location is three lots south of subject alley) – 2015-VAC-019

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section

FIRST HEARING

Case Number: 2015-VAC-020 General Address: 269 West 16th Street and 1515 North Senate Avenue (Approximate

Addresses) Location: Center Township, Council District # 11 Petitioner: MBWH, LLC., Methodist Hospital of Indiana, Inc., by David Kingen and

Justin Kingen Hearing Date: February 10, 2016 Waivers: None

SUMMARY This vacation petition would vacate two north-south alleys, one eight feet in width and the other 15-feet in width, south of 16th Street and between Capitol Avenue and Senate Avenue. The remaining alley rights-of-way in this block were previously vacated.

Adjacent to either side of each alley is a surface parking area. A multi-story building exists to the south of the affected alleys. The Findings of Fact state that the rights-of-way serve no public purpose. Staff would concur with that statement.

RECOMMENDED MOTION: That the Plat Committee find that the proposed vacation is in the public interest; that a hearing upon the assessment of benefits be held on March 9, 2016; that the Plat Committee confirm and ratify the adoption of Declaratory Resolution 2015-VAC-020; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16.

PROCEDURE Neither the Division of Planning nor the Plat Committee, Hearing Examiner or Metropolitan Development Commission determines how vacated right-of-way is divided. The approval of a vacation petition only eliminates the public right-of-way. The vacation approval does nothing more. A petitioner will not receive a deed or other document of conveyance after the approval of a vacation.

The general rule under Indiana case law is that when a street or highway is vacated or abandoned the title to the land reverts to the abutting property owners. This rule exists by virtue of the fact that the abutting land owner owns to the center of the street or highway subject only to an easement for the public to the use of the street or highway. Gorby v. McEndarfer 135 Ind.App. 74, *82, 191 N.E.2d 786, **791 (Ind.App.1963). However, there are possible exceptions to this general rule.

(Continued)

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STAFF REPORT 2015-VAC-020 (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.

GENERAL DESCRIPTION:

Vacation of a fifteen-foot wide, north-south alley, being the first alley west of Capitol Avenue, from the south right-of-way line of 16th Street, to a point 166 feet to the south at the southwest corner of Lot Three in Block 28 of James P. Drake’s Addition to the City of Indianapolis, as recorded in Plat Book One, Page 95 and 96 of the Office of the Marion County Recorder, also being the north right-of-way line of the vacated 15-foot wide Rankin Street.

Vacation of an eight-foot wide, north-south alley, being the second alley west of Capitol Avenue, from the south right-of-way line of 16th Street, to a point 20 feet to the south, being the northeast corner of Lot Three of J.H. McKernan’s Subdivision of Lot 12 in Block 28 of Drake’s Addition, as recorded in Plat Book Three, Page 192 in the Office of the Recorder of Marion County.

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 objection, retain easement Cable: No answer, retain easement DPR: No answer, retain easement, if requested DPW, TS: No answer, retain easement, if requested

JY ******

 

 

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Map of the site and area – 2015-REG-020

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Vacation exhibit – 2015-VAC-020

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Photo of 166-foot long north-south alley, looking south – 2015-VAC-020

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Photo of 20-foot long north-south alley, looking west – 2015-VAC-020

 

 

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STAFF REPORT Department of Metropolitan Development Division of Planning

Current Planning Section FIRST HEARING Case Number: 2015-VAC-021 General Address: 3701 Shelby Street (Approximate Addresses), Indianapolis Location: Perry Township, Council District # 16 Petitioner: UIndy Student Housing Partners, LLC, by Peter D. Cleveland Hearing Date: February 10, 2016 Waivers: Assessment of Benefits VACATION REQUEST This request would vacate a 647-foot portion of National Avenue from Shelby Street east to Linden Street. Additionally, it would vacate a portion of a north-south alley east of Shelby Street. The northern half of National Avenue and the north-south alley were dedicated through a plat and were originally intended for single-family residential development. The southern half of National Avenue was dedicated through deeds. According to aerial photos, the eastern half of National Avenue and the north-south alley have never been improved. The western half of National Avenue has been improved, but it appears to have been developed as part of a private multi-family development on the south side of National Avenue. That multi-family development has recently been demolished and a new student housing complex is under construction. Five smaller two-family buildings on the north side of National Avenue have also been demolished. The vacation request would not create any dead ends or impede traffic circulation in the area. It would allow the subject right-of-way to be incorporated into the larger University Campus for redevelopment. 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)

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STAFF REPORT 2015-VAC-021 (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 majority of the subject right-of-way has never been improved. In Staff’s opinion, the portion of National Avenue that has been improved was installed as part of a private multi-family development (see 1962 aerial photo below) and not by the City. Additionally, a review of many years of aerial photos shows that the portion of the pavement within National Avenue was resurfaced at the same time as the other private drives within the multi-family development, further showing that the pavement has been privately maintained over the years. Since the area to be vacated has likely not been improved or maintained by the City and was not acquired through condemnation or purchase, there should not be a hearing on the assessment of benefits, if the petition is approved. 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 2015-VAC-021; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16.

GENERAL DESCRIPTION:

Vacation of National Avenue, being 50 feet wide, from the east right-of-way line of Shelby Street, being the southwest corner of Lot 228 in Woodland Gardens Second Section, as recorded in Plat Book 18, Page 172 in the Office of the Marion County Recorder, east 646.13 feet to the west right-of-way line of Linden Avenue, being the southeast corner of Lot 240 of said subdivision, with a waiver of the assessment of benefits.

Vacation of the first north-south alley, being 15 feet wide, east of Shelby Street, from the north right-of-way line of National Avenue, being the southwest corner of Lot 229 in Woodland Gardens Second Section, as recorded in Plat Book 18, Page 172 in the Office of the Marion County Recorder, north 135 feet to the northwest corner of said Lot 229, being the south right-of-way line of the first east-west alley north of National Avenue, with a waiver of the assessment of benefits.

(Continued)

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STAFF REPORT 2015-VAC-021 (Continued) 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 objection, retain easement Cable: No answer, retain easement DPR: No answer, retain easement, if requested DPW, TS: No answer, retain easement, if requested LA ******

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2015 Aerial Photo

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1962 Aerial Photo

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5. Intersection of National Ave and Shelby Street looking east

6. Unimproved north-south alley to be vacated - looking south

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7. Eastern half of National Avenue looking west

8. Improved portion of National Avenue east of subject vacation