RE-0069

ABBY MARLE RURAL ESTATE SUBDIVISION (rural estate preliminary plat)

STAFF REPORT October 26, 2017

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CONTACT PHONE NUMBERS:TIPMONT REMC: 800-726-3953FRONTIER: 423-3531COMCAST CABLE: 574-930-0735VECTREN ENERGY DELIVERY: 449-5605

PART OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 24 NORTH, RANGE 4 WEST, TIPPECANOE

TOWNSHIP, TIPPECANOE COUNTY, INDIANA

60' 120'0'

SCALE : 1'' = 60'

REGIST ERED

INDIA NA

NO.S0332

STATE OF

PA

TRIC

K N. CUNNINGHA

M

LA

ND

S U R V E Y OR

THIS PLAN IS VOIDUNLESS

SIGNED AND DATED

LEGAL DESCRIPTION:

Part of the southwest quarter of Section Sixteen (16), Township Twenty Four (24) North, Range Four (4) West in Tippecanoe Township, Tippecanoe County, Indiana being morecompletely described as follows, to wit:

Commencing at the northwest corner of the southwest quarter of Section 16-24-4, said corner being marked by a stone; thence North 89°-54'-31" East along the north line of saidquarter section a distance of 1302.70 feet to the northwest corner of the northeast quarter of said quarter section, said corner being marked by a rebar; thence North 89°-54'-31"East along said north line a distance of 99.53 feet; thence South 0°-34'-14" West a distance of 342.53 feet; thence southwesterly along a tangent curve to the right (said curvehaving a radius of 182.99 feet, a chord length of 69.76 feet and a chord bearing of South 11°-33'-31" West) an arc distance of 70.19 feet to the point of beginning of the hereindescribed tract; thence South 89°-29'-43" East a distance of 231.01 feet to a capped rebar; thence South 0°-05'-01" East a distance of 899.95 feet to a railroad spike on the southline of the northeast quarter of said quarter section; thence South 89°-57'-38" West along said south line and along the approximate center line of County Road 725 North adistance of 327.53 feet to the southeast corner of the northwest quarter of said quarter section, thence South 89°-57'-38" West along the south line of the northwest quarter of saidquarter section and along said approximate center line a distance of 411.31 feet to a railroad spike; thence North 3°-58'-56" East a distance of 323.18 feet; thence northeasterlyalong a tangent curve to the right (said curve having a radius of 151.65 feet, a chord length of 74.60 feet and a chord bearing of North 18°-13'-54" East) an arc distance of 75.37feet; thence North 32°-28'-52" East a distance of 105.79 feet; thence northeasterly along a tangent curve to the right (said curve having a radius of 371.25 feet, a chord length of90.79 feet and a chord bearing of North 39°-30'-17" East) an arc distance of 91.02 feet; thence North 46°-31'-43" East a distance of 417.61 feet; thence northeasterly along atangent curve to the left (said curve having a radius of 182.99 feet, a chord length of 76.03 feet and a chord bearing of North 34°-32'-18" East an arc distance of 76.59 feet to thepoint of beginning, containing 12.032 acres.

LAST INSTRUMENT CONVEYING TITLE TO SUBJECT PROPERTY:

DOCUMENT NUMBER: 201717009390GRANTOR: H. Wandis SlatteryGRANTEE: R. Gregg SutterDATE: May 23, 2017

LAND SURVEYOR'S CERTIFICATE:

The undersigned, a registered Professional Land Surveyor of the State of Indiana, does hereby certify that the attached plat and legal description were prepared under his directsupervision.

CERTIFIED BY: Patrick N. Cunningham, R.L.S. #S0332 Date

PREPARED FOR: R. Gregg Sutter 308 Main Street Lafayette, IN 47901

Ph. (765) 742-6479

CURRENT TITLE:

TITLE HOLDER: R. Gregg Sutter

AUDITOR'S KEY NUMBERS: 124-02900-0073STATE I.D. NO. 79-03-16-301-001.000-017

NOTE:

This drawing does not represent a boundary survey of the property depicted. This plat has been prepared pursuant to RE and Section 6.1 (Sketch Plan) of the New UnifiedZoning Ordinance of Tippecanoe County as amended and is based on a Plat of Survey prepared by Vester & Associates, Inc., Job N0. 89143-L, and to be recorded on a futuredate.

ENDORSEMENT OF OWNER:: R. Gregg Sutter DATE

10-11-2017

I affirm, under the penalties for perjury, that I have taken reasonable care to redact eachSocial Security Number in this document, unless required by law. PATRICK N. CUNNINGHAMPrepared by: PATRICK N. CUNNINGHAM

1.800.382.5544CALL TOLL FREE

CALL 2 WORKING DAYS BEFORE YOU DIG

"DON'TDIG

BLIND"

HOLEY MOLEY SAYS:

PER INDIANA STATE LAW IC8-1-26. IT IS AGAINST THELAW TO EXCAVATE WITHOUT NOTIFYING THE

UNDERGROUND LOCATION SERVICE TWO (2) WORKINGDAYS BEFORE COMMENCING WORK.

CURVE TABLE

CURVE#

C1

C2

C3

C4

LENGTH

76.59'

91.02'

75.37'

70.19'

RADIUS

182.99'

371.25'

151.65'

182.99'

DELTA

24°08'15"

14°02'42"

28°28'54"

21°58'37"

CHORD

N 34°32'18" E

N 39°30'17" E

N 18°13'54" E

S 11°33'31" W

CHORD L

76.03'

90.79'

74.60'

69.76'

NO.

1

2

3

4

NAME PARCEL ID KEY NO.

JOHNSON ROBERT & TERA 79-03-16-351-002.000-017 124-02901-0028

KISER RICHARD & CARRIE 79-03-16-351-003.000-017 124-02901-0039

79-03-16-351-004.000-017 124-02901-0040

BROOKS SAMUEL & KAREN 79-03-16-351-005.000-017 124-02901-0050

5

6

7

8

BREWER ROBERT G 79-03-16-376-001.000-017 124-02901-0061

124-02901-0072

124-02901-0083

124-02901-0094

79-03-16-376-002.000-017

79-03-16-376-003.000-017

79-03-16-376-004.000-017

BREWER ROBERT G

BREWER ROBERT G

BREWER ESTHER C

12

3 4 5 67 8

10-11-2017

dbl | g:\apc\staff reports\subdivisions\re\re0069rpt.docx | Abby Marle Rural Estate Subdivision | Rural Estate-Preliminary Plat | October 26, 2017

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RE-0069 ABBY MARLE RURAL ESTATE SUBDIVISION

Rural Estate-Preliminary Plat

Staff Report October 26, 2017

REQUEST MADE, PROPOSED USE, LOCATION: Petitioner, R. Gregg Sutter (represented by surveyor Pat Cunningham of Vester and Associates) is seeking primary approval for a two-lot rural estate subdivision on 12.032 acres located at the northeast corner of Abby Marle Drive and CR 725 N, in Tippecanoe 16(SW)24-4. AREA ZONING PATTERNS: This site complies with all Rural Estate zone requirements and was rezoned by the Board of County Commissioners on October 2nd from A (Agricultural) to RE (Rural Estate). All surrounding properties are zoned A. FP (Flood Plain) zoning associated with the North Fork of Burnetts Creek is located west of the site across Abby Marle East. AREA LAND USE PATTERNS: A large-lot single-family residence has occupied this site since the early 1990’s when the Abby Marle housing development was created through a series of parcelizations and subsequent “sliding” of building rights (AKA “sliders”). This resulted in 17 home sites along Abby Marle East, a private drive. This 12-acre tract represents a tract that could not be reduced in size because all minor subdivision/parcelization division rights have been used. This RE subdivision will create a 5.137-acre lot for the existing home and a new 6.288-acre lot. Dozens of other single-family homes surround this site, both within Abby Marle and along CR 725 N. TRAFFIC AND TRANSPORTATION: The Thoroughfare Plan classifies CR 725 N as a rural local road. Traffic counts taken in 2016 indicate that around 1,000 vehicles pass this site daily. The preliminary plat shows the required 30’ half-width right-of-way for dedication to the public. An existing private drive (Abby Marle East) borders the rural estate subdivision site along the west. A new private rural estate road (cul-de-sac) will be constructed in an outlot branching from Abby Marle East, located between the two lots. ENVIRONMENTAL AND UTILITY CONSIDERATIONS: As required, these lots will be served by individual on-site sewage disposal systems (septic) and water wells. A letter of approval from the County Health Department states that “Lot 2 can be considered for a shallow trench subsurface absorption system. Lot 1 contains an existing home which is served by a system approved by the Health Department.”

dbl | g:\apc\staff reports\subdivisions\re\re0069rpt.docx | Abby Marle Rural Estate Subdivision | Rural Estate-Preliminary Plat | October 26, 2017

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CONFORMANCE WITH UZO REQUIREMENTS: There is a 40-ft setback shown along the proposed CR 725 N right-of-way, which exceeds the standard 25-ft setback for a local road. Required 6-ft side setbacks are missing along each side of the shared property line between the two lots, and will need to be shown on the final plat. Both lots are well above the minimum lot size of one acre and the 12.032-acre site easily meets the density requirement of no more than 1 dwelling unit per 2 acres. IMPROVEMENTS AND PERFORMANCE BOND: Petitioner has not requested permission to bond, in lieu of completing all the required public improvements prior to the submission of the final plat. STAFF RECOMMENDATION: Conditional primary approval, contingent on the following:

A. Conditions

CONSTRUCTION PLANS – The following items shall be part of the Construction Plans application and approval:

1. The new private cul-de-sac shall be certified by the subdivider’s Registered Land Surveyor or Professional Engineer as complying with the private rural estate road standards.

2. The County Drainage Board shall approve any required erosion control and drainage plans.

FINAL PLAT – The following items shall be part of the Secondary Application and Final Plat approval:

3. Except for the existing Abby Marle Drive entrance, a "No Vehicular Access" statement shall be platted along the CR 725 N right-of-way line, as shown on the preliminary plat.

4. If there is a mortgage on this property, a recorded partial release or written acknowledgment from the mortgage company must be obtained in order to dedicate the necessary right-of-way.

5. All required building setbacks shall be platted.

6. The rural estate road outlot shall be labeled.

7. The street addresses and County Auditor's Key Number shall be shown.

8. All existing easements, covenants or restrictions shall be shown and referenced with the corresponding recording information (Document Number and date recorded).

dbl | g:\apc\staff reports\subdivisions\re\re0069rpt.docx | Abby Marle Rural Estate Subdivision | Rural Estate-Preliminary Plat | October 26, 2017

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9. A homeowners’ association shall be created and appropriate documents recorded at the time of final plat recording. The association shall be responsible for maintaining all outlots and the private rural estate road.

10. The "No Vehicular Access" restriction shall be specified in the subdivision covenants as enforceable by the Area Plan Commission and irrevocable by the lot owners.