METROPOLITAN DEVELOPMENT COMMISSION Public Assembly …€¦ · 2nd floor city-county building 1:00 p.m. march 18, 2020 petitions for public hearing petition no. petition address

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METROPOLITAN DEVELOPMENT COMMISSION

Public Assembly Room 2nd Floor City-County Building

1:00 p.m.

March 18, 2020

PETITIONS FOR PUBLIC HEARING

PETITION NO. PETITION ADDRESS AND LOCATION PAGE NO.

2019-CVC-847 1720, 1730 AND 1740 EAST 10TH STREET; 1010, 1016 3

AND 1020 STERLING STREET

CENTER TOWNSHIP, CD #17

2019-UV3-016 1024 CALVARY STREET 65

(AMENDED) CENTER TOWNSHIP, CD #16

2019-UV3-017 1018 CALVARY STREET 76

(AMENDED) CENTER TOWNSHIP, CD #16

2019-CZN-826 / 4410 ALLISONVILLE ROAD 88

2019-CVR-826 / WASHINGTON TOWNSHIP, CD #9

2019-CVC-826

2019-ZON-069 8516, 8600, 8814 AND 8816 SOUTH ARLINGTON AVENUE 113

AND 5624 AND 5740 EAST COUNTY LINE ROAD


2020-CZN-806 / 8451 SOUTH ARLINGTON AVENUE 148

2020-CPL-806 FRANKLIN TOWNSHIP, CD #25

PETITIONS OF NO APPEALS

Petitions Recommended for Approval

2019-ZON-097 400 AND 500 SOUTH MITTHOEFER ROAD 183

WARREN TOWNSHIP, CD #19

2020-ZON-007 7337 WEST WASHINGTON STREET AND 1910 SOUTH GIRLS SCHOOL ROAD

183

WAYNE TOWNSHIP, CD #22

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2019-CZN-839 960, 1002, 1006, AND 1014 BATES STREET AND 184

1001 EAST GEORGIA STREET


2019-CZN-856 7922 EAST EDGEWOOD AVENUE; 5747, 5753, 5759 184

AND 5803 LYSTER LANE

FRANKLIN TOWNSHIP, CD #25

2020-APP-001 6965 WEST 38TH STREET 185


2020-APP-002 1630 AND 1652 GEORGETOWN ROAD 186


2020-MOD-003 1521 BROOKVILLE CROSSING WAY 187

WARREN TOWNSHIP, CD #18

Petitions Recommended for Denial

2019-MOD-015 1509 SOUTH HIGH SCHOOL ROAD 188


*Automatic Continuance ** Continuance Requested *** Withdrawal

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PART I ASSESSMENT OF BENEFITS HEARING FOR A VACATION PETITION APPROVED BY THE MDC: 2019-CVC-847 1720, 1730 AND 1740 EAST 10TH STREET; 1010, 1016 AND 1020 STERLING STREET (APPROXIMATE ADDRESS)

CENTER TOWNSHIP, COUNCIL DISTRICT #17 ONYX AND EAST PROPERTIES LLC, by Michael Rabinowitch

Rezoning of 1.53 acres from the D-8 and C-3 districts to the D-P district to provide for 22 single-family attached dwellings at a density of 24.5 units per acre. Vacation of a portion of the first east-west alley north of 10th Street, being 15-feet wide, from the west right-of-way line of Sterling Street, being the southeast corner of Lot 13 of Windsor Place, as recorded in Plat Book Eight, Page 139 of the Office of the Marion County Recorder, 149.99 feet to the southwest corner of Lot 13 of said subdivision, being the east line of the first north-south alley west of Sterling Street.

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STAFF REPORT

Department of Metropolitan Development Division of Planning

Current Planning Section Case Number: 2019-CZN-847 / 2019-CVC-847 Address: 1720, 1730 and 1740 East 10th Street; 1010, 1016 and 1020 Sterling Street

(Approximate Address) Location: Center Township, Council District #17 Petitioner: Onyx and East Properties LLC, by Michael Rabinowitch Request: Rezoning of 1.53 acres from the D-8 and C-3 districts to the D-P district to

provide for 22 single-family attached dwellings at a density of 24.5 units per acre.

Vacation of a portion of the first east-west alley north of 10th Street, being 15-feet wide, from the west right-of-way line of Sterling Street, being the southeast corner of Lot 13 of Windsor Place, as recorded in Plat Book Eight, Page 139 of the Office of the Marion County Recorder, 149.99 feet to the southwest corner of Lot 13 of said subdivision, being the east line of the first north-south alley west of Sterling Street.

ADDENDUM FOR MARCH 18, 2020, METROPOLITAN DEVELOPMENT COMMISSION ASSESSMENT OF BENEFITS The vacation petition was continued from the February 5, 2020 hearing, to the March 18, 2020 hearing, for a hearing on the assessment of benefits. An appraisal, file-dated February 28, 2020, has been submitted for consideration by the Metropolitan Development Commission. Staff has reviewed the findings of the appraisal and agrees with its findings. ASSESSMENT OF BENEFITS Appraiser Used: Paul Schuster (John D. Murphy Appraisal Services) Appraiser’s Benefits: $ 600.00 Appraiser’s Fee: $ 700.00 RECOMMENDED MOTION: That the Metropolitan Development Commission sustain, confirm, approve and adopt the Final Assessment Roll in 2019-CVC-847, assessing benefits therewith, in the amount of $600.00 and that the petitioner pay the Appraiser’s Fee of $700.00.

(Continued)

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STAFF REPORT 2019-CZN-847 / 2019-CVC-847 (Continued) ADDENDUM FOR FEBRUARY 5, 2020, METROPOLITAN DEVELOPMENT COMMISSION The Metropolitan Development Commission continued these petitions from the January 15, 2020 hearing, to the February 5, 2020 hearing, at the request of the petitioner’s representative. Amended documents including revised elevations, site plan, landscape plan and D-P Statement was filed on January 27, 2020. The revised elevations indicate a minor change that provides for a minimal masonry base in response comments from the City Architect. Other comments from the City Architect have not been addressed. Consequently, staff would suggest that approval be subject to the following commitment:

All building elevations shall be subject to Administrator’s Approval prior to the issuance of an Improvement Location Permit (ILP).

Staff would note that the D-P Statement, file-dated January 27, 2020, states that construction of the project would be in substantial conformance with the documents “filed for consideration and approval by the Metropolitan Development Commission at its meeting on February 5, 2020.” Staff is unclear what documents are going to be submitted because the documents approved by the neighborhood organization are not the same as the documents filed on January 27, 2020. The D-P Statement, file-dated January 27, 2020, has been amended to include commitments related to building elevations, setbacks, landscaping, building heights, and building materials. Additionally, DPW has indicated that they would accept re-dedication of the vacated north / south alley. Pedestrian access between Sterling Street and the north / south alley has also been addressed. Because amended documents do not address staff’s concern with execution of the project and inconsistencies with the Comprehensive Plan and Pattern Book as previously noted in this report, staff continues to recommend denial of the rezoning request. Although staff’s concern with the vacation of the east / west alley has been resolved by the proposed dedication of the southern portion of the north/south alley, staff continues to recommend denial of the alley vacation because it is inextricably tied to and integrated into the proposed development that, in staff’s opinion, would not be appropriate for this site. RECOMMENDED MOTION (DENIAL): That the Metropolitan Development Commission finds that the proposed vacation is not in the public interest and should be denied.

(Continued)

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STAFF REPORT 2019-CZN-847 / 2019-CVC-847 (Continued) RECOMMENDED MOTION (APPROVAL): That the Metropolitan Development Commission finds that the proposed vacation is in the public interest; that a hearing upon the assessment of benefits be held on February 19, 2020; that the Metropolitan Development Commission confirm and ratify the adoption of Declaratory Resolution 2019-CVC-847; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16; and that the full 15-width and 140-foot length of the north/ south alley vacated by Instrument #87-90245 be dedicated to the Department of Public Works, in accordance with their guidelines, prior to the recording of the Declaratory Resolution for this vacation. After dedication, the north / south alley shall be reopened for traffic prior to the issuance of an Improvement Location Permit. January 15, 2020 RECOMMENDATIONS Staff recommends denial of the rezoning request. Staff finds that the vacation would not be in the public interest, and the vacation should be denied. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 1.53-acre site, zoned D-8 and C-3, is comprised of six parcels and bisected by a 15-foot wide east / west alley. It is undeveloped and surrounded by single-family dwellings to the north, zoned D-8; single-family dwellings to the south, across East 10th Street, zoned D-5; commercial uses to the east, across Sterling Street, zoned C-3; and commercial uses and a single-family dwelling to the west, zoned C-3 and D-8, respectively.

◊ Petition 86-VAC-23 vacated the 15-foot wide north / south alley located along the western

boundary of the site. Half of the alley width was incorporated into the portion of the site adjoining the alley.

(Continued)

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STAFF REPORT 2019-CZN-847 / 2019-CVC-847 (Continued) REZONING ◊ This request would rezone the site from the D-8 and C-3 Districts to the D-P classification to

provide for 22 single-family attached dwellings at a density of 24.5 units per acre. The planned unit development district (D-P) is established for the following purposes:

1. To encourage a more creative approach in land and building site planning. 2. To encourage and efficient, aesthetic and desirable use of open space. 3. To encourage variety in physical development pattern. 4. To promote street layout and design that increases connectivity in a neighborhood and improves the directness of routes for vehicles, bicycles, pedestrians, and transit on an open street and multi-modal network providing multiple routes to and from destinations. 5. To achieve flexibility and incentives for residential, non-residential and mixed-use developments which will create a wider range of housing types as well as amenities to meet the ever changing needs of the community. 6. To encourage renewal of older areas in the metropolitan region where new development and restoration are needed to revitalize areas. 7. To permit special consideration of property with outstanding features, including but not limited to historical significance, unusual topography, environmentally sensitive areas and landscape amenities. 8. To provide for a comprehensive review and processing of development proposals for developers and the Metropolitan Development Commission by providing for concurrent review of land use, subdivision, public improvements and siting considerations. 9. To accommodate new site treatments not contemplated in other kinds of districts.

Development plans should incorporate and promote environmental and aesthetic considerations, working within the constraints and advantages presented by existing site conditions, including vegetation, topography, drainage and wildlife.

Densities and development of a D-P are regulated and reviewed by the Metropolitan

Development Commission. Creative site planning, variety in physical development, and imaginative uses of open space are objectives to be achieved in a D-P district. The D-P district is envisioned as a predominantly residential district, but it may include supportive commercial and/or industrial development.”

(Continued)

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STAFF REPORT 2019-CZN-847 / 2019-CVC-847 (Continued) ◊ The site has a split Comprehensive Plan recommendation. The Plan recommends village

mixed-use for the four parcels south of the proposed alley vacation. “The Village Mixed-Use typology creates neighborhood gathering places with a wide range of small businesses, housing types, and public facilities. This typology is intended to strengthen existing, historically small town centers as well as to promote new neighborhood centers. Businesses found in this typology serve adjacent neighborhoods, rather than the wider community. This typology is compact and walkable, with parking at the rear of buildings. Buildings are one to four stories in height and have entrances and large windows facing the street. Pedestrian-scale amenities such as lighting, landscaping, and sidewalk furniture also contributes to a walkable environment in this typology. Uses may be mixed vertically in the same building or horizontally along a corridor. Public spaces in this typology are small and intimate, such as pocket parks and sidewalk cafes. This typology has a residential density of 6 to 25 dwelling units per acre.”

◊ The Pattern Book provides the following policy guidelines for village mixed-use development: Conditions for All Housing

Should be within a one-quarter-mile distance (using streets, sidewalks, and/or off-street paths) of a school, playground, library, public greenway, or similar publicly-accessible recreational or cultural amenity that is available at no cost to the user. Should be oriented towards the street with a pedestrian connection from the front door(s) to the sidewalk. Driveways/parking areas do not qualify as a pedestrian connection.

◊ The Plan recommends traditional neighborhood for the two northern parcels that are located

north of the proposed alley vacation. “The traditional neighborhood typology includes a full spectrum of housing types, ranging from single family homes to large-scale multifamily housing. The development pattern of this typology should be compact and well-connected, with access to individual parcels by an alley when practical. Building form should promote the social connectivity of the neighborhood, with clearly defined public, semi-public, and private spaces. Infill development should continue the existing visual pattern, rhythm, or orientation of surrounding buildings when possible. A wide range of neighborhood-serving businesses, institutions, and amenities should be present. Ideally, most daily needs are within walking distance. This typology usually has a residential density of 5 to 15 dwelling units per acre.”

◊ The Pattern Book provides the following policy guidelines for traditional neighborhood:

Conditions for All Housing

A mix of housing types is encouraged.

Should be within a one-mile distance (using streets, sidewalks, and/or off-street paths) of a school, playground, library, public greenway, or similar publicly-accessible recreational or cultural amenity that is available at no cost to the user.

(Continued)

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STAFF REPORT 2019-CZN-847 / 2019-CVC-847 (Continued)

Primary structures should be no more than one and a half times the height of other adjacent primary structures.

Should be oriented towards the street with a pedestrian connection from the front door(s) to

the sidewalk. Driveways/parking areas do not qualify as a pedestrian connection. Attached Housing

Duplexes should be located on corner lots, with entrances located on different sides of the

lot. It is preferred that townhomes should be organized around intersections of neighborhood collector streets, greenways, parks or public squares, or neighborhood-serving retail.

If the above conditions are not met, individual buildings of attached housing (not part of a

complex) may be interspersed with single-family homes, but should not make up more than 25% of the primary residential structures on a block.

◊ The Pattern Book also provides rationale for the policy guidelines. For example, the guidelines

related to housing oriented towards the street with a pedestrian connection from the front door to the sidewalk is supported by the following rationale: “Orienting uses towards the streets and other public spaces and activating sidewalks and the ground floors of buildings through window transparency and externalized front doors increases the number of people that have their eye on our public spaces. This ultimately creates a safer pedestrian environment where people can watch out for each other and wrong-doers feel less shielded from witnesses. Neighborhood streets are not the only streets that need to be activated – while busier arterial streets are used by more people, they are often less activated. This makes them uncomfortable for pedestrians, and it means that businesses, homes, and parked cars are more vulnerable.”

◊ As proposed Buildings One, Two and Three comply with the Pattern Book guidelines.

Buildings Four and Five are interior to the site, have no connection to Sterling Street or East 10th Street and are somewhat isolated.

◊ Staff believes the location of the proposed development along East 10th Street (a primary

arterial) and Sterling Street (a local street) would be more impactful to the surrounding residential uses because the density of the development would be more appropriately located on a collector street pursuant to the Pattern Book policy guidelines.

◊ Staff believes residential development would be appropriate but given the two Comprehensive

Plan recommendations, staff cannot support the proposed higher density at 24.5 units per acre. A lower density of 12 to 14 units per acre would be less impactful and more compatible with both the Plan recommendations, the Pattern Book policy guidelines and the character of the neighborhood.

(Continued)

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STAFF REPORT 2019-CZN-847 / 2019-CVC-847 (Continued) ◊ The Pattern Book notes that “[V]ibrant walkable places can be created by allowing for more

density (so that there are enough residents to support vibrant small businesses and restaurants), by activating buildings at-grade (through transparency, externalized entryways, and public-private space) to create a more interesting and engaging pedestrian experience, by creating pedestrian connections between destinations, and by promoting a range of uses in the same area (so that the area is activated throughout the entire day).”

D-P Statement ◊ The D-P Statement, file-dated November 7, 2019, discusses the square footage of the 22

townhomes, number of bedrooms and amenities that include rear balconies on all units without a rooftop deck, internal courtyard and sidewalks.

◊ Site access would be gained from East 10th Street and Sterling Street. There would be 32

parking spaces within the garages and three off-street parking spaces for guests. ◊ The Statement also provides a price range of the dwelling units, the developer’s investment

and expected construction schedule. ◊ Staff is concerned that the Development Statement is lacking critical details related to the

development standards, including but not limited to, the height and setbacks. Building height and setbacks are features that have the greatest impact on surrounding land uses. Without any limitations, development of this site would have an immediate detrimental impact on the neighborhood as well as the future of the neighborhood and viable development along East 10th Street.

◊ Staff also would note the Statement has no reference or inclusion of the proposed site plans or

elevations, file dated December 10, 2019. Additionally, the lack of details, dimensions and scale of the conceptual site plans make them virtually unusable for establishing development standards. Only the general layout and number of building and units would be reviewable, if approved. Even if all the previous reason provided by staff for denying this request would be invalidated, the lack of an adequate reviewable development plan is reason enough to deny this request.

◊ Finally, the Development Statement has limited information supporting the purpose or vision of

the D-P District and how this development would be appropriate for this site and the proposed district.

◊ For all the above-stated reasons, staff cannot support the rezoning as filed.

(Continued)

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STAFF REPORT 2019-CZN-847 / 2019-CVC-847 (Continued) VACATION ◊ This request would vacate approximately 150 feet the eastern portion of the 15-foot wide east /

west alley north of East 10th Street that bisects the site and connects Sterling Street with Windsor Street. The purpose of the vacation is to allow for the alley segment to be incorporated into abutting properties to the north and south for the development of a 22 attached single-family dwelling complex.

◊ The remaining western portion of the alley (approximately 165 feet) would not be vacated but it

currently cannot be used by vehicles because of an existing structure that appears in the 2018 Fall aerial and blocks any through traffic. Staff was unable to locate any permits related to this structure.

◊ Vacation petition 86-VAC-23 vacated a portion of the 15-foot wide north /south alley along the

western portion of the site. The vacated alley was equally divided between the adjoining properties to the west and east, including the site.

◊ Consequently, the proposed vacation would create a dead end and disrupt the traffic flow and

access for those residents whose property abuts the alley, including any and all service vehicles.

◊ The petitioner’s presentative indicated that the vacated portion of the north / south alley could

be dedicated back to the City, thereby creating a public right-of-way and public use of the alley, including service vehicles. If this vacation would be approved, the full 15-foot width should be dedicated to the Department of Public Works in accordance to their standards prior to recording of the declaration resolution to vacate the east / west alley.

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 2019-CZN-847 / 2019-CVC-847 (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 portion of the first east-west alley north of 10th Street, being 15-feet wide, from the west right-of-way line of Sterling Street, being the southeast corner of Lot 13 of Windsor Place, as recorded in Plat Book Eight, Page 139 of the Office of the Marion County Recorder, 149.99 feet to the southwest corner of Lot 13 of said subdivision, being the east line of the first north-south alley west of Sterling Street. 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 RECOMMENDED MOTION (DENIAL): That the Metropolitan Development Commission finds that the proposed vacation is not in the public interest and should be denied. RECOMMENDED MOTION (APPROVAL): That the Metropolitan Development Commission finds that the proposed vacation is in the public interest; that a hearing upon the assessment of benefits be held on February 5, 2020; that the Metropolitan Development Commission confirm and ratify the adoption of Declaratory Resolution 2019-CVC-847; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16; and that the full 15-width and 140-foot length of the north/ south alley vacated by Instrument #87-90245 be dedicated to the Department of Public Works, in accordance with their guidelines, prior to the recording of the Declaratory Resolution for this vacation. After dedication, the north / south alley shall be reopened for traffic prior to the issuance of an Improvement Location Permit.

(Continued)

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STAFF REPORT 2019-CZN-847 / 2019-CVC-847 (Continued) GENERAL INFORMATION EXISTING ZONING AND LAND USE

D-8 / C-3 Undeveloped

SURROUNDING ZONING AND LAND USE

North - D-8 Single-family dwellings South - D-5 Single-family dwellings East - C-3 Commercial uses West - C-3 / D-8 Commercial uses / single-family dwellings

COMPREHENSIVE PLAN The Comprehensive Land Use Plan for Indianapolis and Marion County (2018) recommends village-mixed-use typology for the four southern parcels and traditional neighborhood for the two northern parcels.

THOROUGHFARE PLAN This portion of East 10th Street is designated in the Marion County Thoroughfare Plan as a primary arterial, with an existing 60-foot right-of-way and a proposed 58-foot right-of-way.

This portion of Sterling Street is designated in the Marion County Thoroughfare Plan as a local street, with an existing 50-foot right-of-way and a proposed 48-foot right-of-way

CONTEXT AREA This site in located within the compact context area.

OVERLAY There is no overlay for this site.

SITE PLAN

SITE PLANS (A) / (B) (AMENDED)

File-dated November 7, 2019

File-dated December 10, 2019

ELEVATIONS File-dated December 10, 2019

D-P STATEMENT File-dated November 7, 2019

ZONING HISTORY 86-VAC-23; 1700 East 10th Street, requested vacation of the first alley, being 15-feet wide, east of Windsor Street from the north right-of-way-line of East 10th Street to a point 140 feet south of the south right-of-way line of the first alley north of East 10th Street, approved.

(Continued)

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STAFF REPORT 2019-CZN-847 / 2019-CVC-847 (Continued) VICINITY 88-Z-159 / 88-CV-24; 1015 North Windsor Street, (west of site), requested rezoning of 0.14 acre, being in the D-8 District, to the C-3 classification to provide for a commercial parking lot and a variance of development standards of the Commercial Zoning Ordinance to permit parking within the rear transitional yard and reduce the required landscape screen adjacent to a residential district, withdrawn. 69-V2-236; 1017-1019 North Windsor Street (west of site), requested a variance of use and development standards to provide for a parking lot with reduced side and rear yard setbacks, granted. kb *******

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AMENDED D-P STATEMENT

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ELEVATIONS FILE-DATED DECEMBER 10, 2019

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View of site looking north across East 10th Street

View of site looking northeast across East 10th Street

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View looking east along East 10th Street

View of site looking west across Sterling Street

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View of site looking west across Sterling Street

View looking west at proposed alley vacation

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View of northern portion of site looking west across Sterling Street

View looking south along Sterling Street

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View of alley looking east at structure blocking circulation

View from site looking east across Sterling Street

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PART II

VARIANCE OF USE PETITION APPROVED BY THE METROPOLITAN BOARD OF ZONING APPEALS, DIVISION 3, APPEAL FILED BY THE CITY-COUNTY COUNCILOR: 2019-UV3-016 1024 CALVARY STREET (APPROXIMATE ADDRESS) (AMENDED) CENTER TOWNSHIP, COUNCIL DISTRICT #16 I-4 JASON BLANKENSHIP, by Mark and Kim Crouch

Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a two-family dwelling with attached garages (not permitted) with a five-foot front setback and three and five-foot side setbacks (30-foot front setback and 20-foot side setbacks required).

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STAFF REPORT


Current Planning Section Case Number: 2019-UV3-016 (Amended) Address: 1024 Calvary Street (approximate address) Location: Center Township, Council District #16 Zoning: I-4 Petitioner: Jason Blankenship, by Mark and Kim Crouch Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for a two-family dwelling with attached garages (not permitted) with a five-foot front setback and three and five-foot side setbacks (30-foot front setback and 20-foot side setbacks required).

ADDENDUM FOR MARCH 18, 2020 METROPOLITAN DEVELOPMENT COMMISSION This petition was continued from the March 4, 2020 hearing, to the March 18, 2020 hearing by the Metropolitan Development Commission to provide additional time for the petitioner and remonstrator to discuss their concerns to reach a consensus. No new information has been submitted to the file. ADDENDUM FOR MARCH 4, 2020 METROPOLITAN DEVELOPMENT COMMISSION This petition was approved by the Metropolitan Board of Zoning Appeals Division III on February 18, 2020. The City County Councilor for District 16 filed an appeal of this decision to the Metropolitan Development Commission (see attached appeal letter). ADDENDUM FOR FEBRUARY 18, 2020 This petition was continued from the January 21, 2020 hearing, to the February 18, 2020 hearing as a joint request from staff and a registered neighborhood organization. This petition and site plan were amended to reduce the seven-foot south side setback to five feet as recommended by staff. Additional notice was needed, as the amended request deviated more from the Ordinance than the original notice. Staff is now recommending approval of the amended petition. January 21, 2020 RECOMMENDATIONS Staff recommends this petition be continued to reduce the seven-foot south side setback to five feet to accommodate staff’s recommendation to provide for three-foot side setbacks for the detached garages at 1018 Calvary Street (2019-UV3-017).

(Continued)

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STAFF REPORT 2019-UV3-016 (Continued) SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE I-4 Compact Undeveloped

SURROUNDING ZONING AND LAND USE North I-4 Research and Development/ Single-family dwelling South C-5 Commercial East C-5 Commercial West I-4 Undeveloped COMPREHENSIVE PLAN The Comprehensive Plan recommends traditional

neighborhood development. OVERLAY This site is within two Transit-Oriented Development

(TOD) overlays, specifically the Bus Rapid Transit Red Line and Bus Rapid Transit Blue Line.

The 0.16-acre site is undeveloped and is surrounded by a mechanical/industrial engineering firm and single-family dwellings to the north, vacant commercial buildings directly east, and an undeveloped property to the west.

The subject site was originally developed with a two-family dwelling and an out-building according to an 1898 Sanborn map.

VARIANCE OF USE

The grant of this petition would permit a two-family dwelling with attached garages to be located on an I-4 zoned lot.

The I-4 district is for those heavy industrial uses which present an elevated risk to the general public and are typically characterized by factors that would be exceedingly difficult, expensive, or impossible to eliminate.

Although two-family dwellings are not a permitted use in this district, the proposed use would be consistent with development proposed by the traditional neighborhood typology recommendation of the Comprehensive Plan.

(Continued)

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STAFF REPORT 2019-UV3-016 (Continued)

Staff would note that a variance of use is one process for developing the subject property consistent with the surrounding residential development. However, it would be best to consider rezoning the subject site and surrounding properties in the future to eliminate or reduce the need for future variances.

VARIANCE OF DEVELOPMENT STANDARDS

The grant of this petition would allow for deficient front and side setbacks within the I-4 District.

Per Table 744-201-6: Dimensional Standards for Districts I-1 through I-4, the I-4 district calls for a 30-foot front setback and 20-foot side setback in the Compact Context Area. The request would reduce the front setback to five feet and the side setbacks to three and seven feet. The front setback would be consistent with front setbacks along Calvary Street which range from zero- to 20-foot front setbacks within the I-4 district.

The deficient three-foot side setback would face the alley which would be a buffer between the proposed attached garage and adjacent properties. Additionally, the three-foot setback involves a corner of the building not a continuous wall, significantly lessening any potential impacts. The seven-foot setback would be to the south which would allow for a ten-foot separation between dwellings.

However, staff would recommend that two-feet in lot width be granted to the southern property located at 1018 Calvary Street. This would allow for a three-foot fire separation distance for the proposed detached garages at 1018 Calvary Street. This change would require an amendment, with additional notice to shift the lot line north and reduce the proposed south side setback from seven feet to five feet. The separation between buildings would remain unchanged. Therefore, staff recommends that this petition be continued.

GENERAL INFORMATION THOROUGHFARE PLAN Calvary Street is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a local street, with a 60-foot existing and proposed right-of-way.

EXHIBIT 1 - APPEAL LETTER File-dated February 24, 2020. SITE PLAN File-dated December 12, 2019. AMENDED SITE PLAN File-dated January 21, 2020. FINDINGS OF FACT File-dated December 12, 2019.

(Continued)

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STAFF REPORT 2019-UV3-016 (Continued) ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None. ZONING HISTORY – VICINITY 2019-UV2-017; 953 and 1005 Harrison Street (northwest of site), Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the remodeling of a single-family dwelling (953) with an eleven-foot front setback and a 0.5-foot west side transitional setback, the construction of a second-floor deck with a 13-foot east side setback, and the construction of a detached garage with nine-foot side and side transitional setbacks and a 16-foot rear setback and to provide for the construction of a single-family dwelling (1005) with a 15-foot front setback and eight-foot side and setbacks and the remodeling of a detached garage with five-foot side setbacks (30-foot front setback, 20-foot side and rear setbacks and 50-foot side transitional setbacks required), granted. 2013-ADM-235; 949 Harrison Street (northwest of site), Approval of site plan, elevations, and floor plan for residential property improvements. 2013-UV2-031; 450 South Shelby Street (south of site), Variance of use of the Commercial Zoning Ordinance to provide for two dwelling units in an existing building (not permitted), granted. 2010-ADM-104; 941 Harrison Street (northwest of site) Approval of site plan and elevations for single-family dwelling and detached garage. 2010-ZON-001; 941, 945, and 949 Harrison Street (northwest of site), Rezoning of from the I-4-U district to the D-8 classification, approved. 2005-DV2-013; 1110-1146 Deloss Street (east of site), Variance of development standards of the Industrial Zoning Ordinance to legally establish a 3,600-square foot gravel parking lot for an existing masonry restoration business, granted. 2005-DV2-011;1102 and 1106 Deloss Street (east of site), Variance of development standards of the Industrial Zoning Ordinance to legally establish a gravel parking lot, granted. 2004-AP1-002; (west of site), Appeal of Administrator’s decision to approve a Certificate of Legal Nonconforming Use for a four-unit multi-family dwelling in the D-8 district with non-conforming setback lines and yards, denied.

(Continued)

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STAFF REPORT 2019-UV3-016 (Continued) 2004-LNU-020; 927-929 English Avenue (west of site), Certificate of Legal Non-Conforming Use for building setback lines and yards, four dwelling units, and a total car ratio of 0.00, granted. 2000-AP2-005; 906-914 English Avenue (northwest of site), Modification of site plan, related to petition 2000-UV2-016, to provide for the reconfiguration of a 1,040-square foot carriage house, creating an 11.5-foot front setback from Pine Street and a 20-foot front setback from Harrison Street (minimum 18-foot front setback from Pine Street and 22-foot front setback from Harrison Street permitted by 2000-UV2-016), granted. 2000-UV2-016; 906 English Avenue (Northwest of site), Variance of use of the Commercial Zoning Ordinance and a variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a single-family dwelling on a lot containing an existing two-family dwelling, with a main floor area of zero feet, and to legally establish a two-family dwelling, with a front setback of 2.5 feet along English Avenue and a front setback of three feet along Pine Street, and a side yard setback of three feet, granted. 2000-ZON-027; 502 South Shelby Street (south of site), Rezoning of 0.10 acre, being in the D-8 District, to the SU-1 classification to provide for parking for a religious use, approved. 95-UV3-51; 436-440 Shelby Street (South of site), Variance of use of the Commercial Zoning Ordinance to provide for a machine shop for the manufacture of pattern molds, granted. 88-V1-27A; 916 Harrison Street (North of site), Variance of development standards of the Industrial Zoning Ordinance to provide for an additional overhead loading door within the required front yard on an addition approved pursuant to the Petition 87-V1-94, granted. 87-V1-94; 916 Harrison Street (North of site), Variance of development standards of the Industrial Zoning Ordinance to provide for an addition to an existing industrial building without the required setback, granted. 85-Z-120B; 963 English Avenue (southwest of site), Rezoning of 0.229 acre, being in the D-8 district, to the SU-1 classification to provide for additional parking for the church, approved. 84-V3-56; 1027 Harrison Street (north of site) Variance of development standards of the Industrial Zoning Ordinance to provide for a 16 by 34-foot addition to an existing building within the required setback from the right-of-way, withdrawn. MI

*******

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2019-UV3-016; Location Map

2019-UV3-016; Aerial Map

2019-UV3-016; Sanborn (1898)

72

2019-UV3-016; EXHIBIT 1 - APPEAL LETTER

73

74

2019-UV3-016; Site Plan

2019-UV3-016; Amended Site Plan

75

2019-UV3-016; Photographs

Photo of the Subject Property:1024 Calvary Street

Photo of the alley north of the site and undeveloped property to the south.

76

PART III

VARIANCE OF USE PETITION APPROVED BY THE METROPOLITAN BOARD OF ZONING APPEALS, DIVISION 3, APPEAL FILED BY THE CITY-COUNTY COUNCILOR: 2019-UV3-017 1018 CALVARY STREET (APPROXIMATE ADDRESS) (AMENDED) CENTER TOWNSHIP, COUNCIL DISTRICT #16 I-4 JASON BLANKENSHIP, by Mark and Kim Crouch

Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a two-family dwelling with a five-foot front setback and four-foot side setbacks, with detached garages (not permitted) with three-foot side setbacks and five and 11-foot rear setbacks (30-foot front setback and 20-foot side and rear setbacks required).

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STAFF REPORT


Current Planning Section Case Number: 2019-UV3-017 (Amended) Address: 1018 Calvary Street (approximate address) Location: Center Township, Council District #16 Zoning: I-4 Petitioner: Jason Blankenship, by Mark and Kim Crouch Request: Variance of use and development standards of the Consolidated Zoning

and Subdivision Ordinance to provide for a two-family dwelling with a five-foot front setback and four-foot side setbacks, with detached garages (not permitted) with three-foot side setbacks and five and 11-foot rear setbacks (30-foot front setback and 20-foot side and rear setbacks required).

ADDENDUM FOR MARCH 18, 2020 METROPOLITAN DEVELOPMENT COMMISSION This petition was continued from the March 4, 2020 hearing, to the March 18, 2020 hearing by the Metropolitan Development Commission to provide additional time for the petitioner and remonstrator to discuss their concerns to reach a consensus. No new information has been submitted to the file. ADDENDUM FOR MARCH 4, 2020 METROPOLITAN DEVELOPMENT COMMISSION This petition was approved by the Metropolitan Board of Zoning Appeals Division III on February 18, 2020. The City County Councilor for District 16 filed an appeal of this decision to the Metropolitan Development Commission (see attached appeal letter). ADDENDUM FOR FEBRUARY 18, 2020 This petition was continued from the January 21, 2020 hearing, to the February 18, 2020 hearing at the request of a registered neighborhood organization. This petition and site plan were amended to provide three-foot side setbacks for the detached garages as recommended by staff. This change altered the lot width from 40 feet to 42 feet and increased the three-foot side setbacks for the two-family dwelling to four-foot side setbacks. These changes did not require additional notice. Staff recommends approval of the amended petition. RECOMMENDATIONS Staff recommends approval of this request if the petition would be amended to provide for three-foot side setbacks for the detached garages.

(Continued)

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STAFF REPORT 2019-UV3-017 (Continued) SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE EXISTING ZONING AND LAND USE I-4 Compact Undeveloped SURROUNDING ZONING AND LAND USE North I-4 Undeveloped / Single-family dwelling South C-5 Commercial East C-5 Commercial West I-4 Vacant COMPREHENSIVE PLAN The Comprehensive Plan recommends traditional

neighborhood development. OVERLAY This site is within two Transit-Oriented Development

(TOD) overlays, specifically the Bus Rapid Transit Red Line and Bus Rapid Transit Blue Line.

The 0.11-acre subject site is undeveloped and is surrounded by an undeveloped property and single-family dwellings to the north, vacant commercial buildings directly east, and a vacant building to the west.

The subject site was originally developed with a single-family dwelling according to an 1898 Sanborn map.

VARIANCE OF USE

The grant of this petition would permit a two-family dwelling with detached garages to be located on an I-4 zoned lot.

The I-4 district is for those heavy industrial uses which present an elevated risk to the general public and are typically characterized by factors that would be exceedingly difficult, expensive, or impossible to eliminate.

Although two-family dwellings are not a permitted use in this district, the proposed use would be consistent with the development proposed by the traditional neighborhood typology recommendation of the Comprehensive Plan.

(Continued)

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STAFF REPORT 2019-UV3-017 (Continued)

Staff would note that a variance of use is one process for developing the subject property consistent with the surrounding residential development. However, it would be best to consider rezoning the subject site and surrounding properties in the future to eliminate or reduce the need for future variances.


The grant of this petition would allow for deficient front and side setbacks within the I-4 District.

Per Table 744-201-6: Dimensional Standards for Districts I-1 through I-4, the I-4 district calls for a 30-foot front setback and 20-foot side setback in the Compact Context Area. The request would reduce the front setback to five feet and the side setbacks to three feet for the dwelling. The front setback would be consistent with front setbacks along Calvary Street which range from zero- to 20-foot setbacks within the I-4 district. The three-foot side setbacks would be sufficient for fire separation, which staff is in support of.

Staff would request three-foot side setbacks for the detached garages to meet the three-foot fire separation distance and not hinder future development at the southern property. This could be accomplished through the grant of two feet in lot width from the northern property located at 1024 Calvary Street to the subject site, which would create a 42-foot frontage. The building would shift one foot north to allow three-foot side setbacks. The proposed dwelling would then have a five-foot north side setback, but additional notice would not be required for these changes to occur.

Staff determined that the development standard deviations would promote residential development of the subject site as recommended by the Comprehensive Plan. Therefore, staff would recommend approval of this petition.

GENERAL INFORMATION THOROUGHFARE PLAN Calvary Street is classified in the Official Thoroughfare

Plan for Marion County, Indiana as a local street, with a 60-foot existing and proposed right-of-way.

EXHIBIT 1 - APPEAL LETTER File-dated February 24, 2020. SITE PLAN File-dated December 12, 2019. AMENDED SITE PLAN File-dated January 21, 2020. FINDINGS OF FACT File-dated December 12, 2019.

(Continued)

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STAFF REPORT 2019-UV3-017 (Continued) ZONING HISTORY – SITE EXISTING VIOLATIONS None. PREVIOUS CASES None. ZONING HISTORY – VICINITY 2019-UV2-017; 953 and 1005 Harrison Street (northwest of site), Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the remodeling of a single-family dwelling (953) with an eleven-foot front setback and a 0.5-foot west side transitional setback, the construction of a second-floor deck with a 13-foot east side setback, and the construction of a detached garage with nine-foot side and side transitional setbacks and a 16-foot rear setback and to provide for the construction of a single-family dwelling (1005) with a 15-foot front setback and eight-foot side and setbacks and the remodeling of a detached garage with five-foot side setbacks (30-foot front setback, 20-foot side and rear setbacks and 50-foot side transitional setbacks required), granted. 2013-ADM-235; 949 Harrison Street (northwest of site), Approval of site plan, elevations, and floor plan for residential property improvements. 2013-UV2-031; 450 South Shelby Street (south of site), Variance of use of the Commercial Zoning Ordinance to provide for two dwelling units in an existing building (not permitted), granted. 2010-ADM-104; 941 Harrison Street (northwest of site) Approval of site plan and elevations for single-family dwelling and detached garage. 2010-ZON-001; 941, 945, and 949 Harrison Street (northwest of site), Rezoning of from the I-4-U district to the D-8 classification, approved. 2005-DV2-013; 1110-1146 Deloss Street (east of site), Variance of development standards of the Industrial Zoning Ordinance to legally establish a 3,600-square foot gravel parking lot for an existing masonry restoration business, granted. 2005-DV2-011;1102 and 1106 Deloss Street (east of site), Variance of development standards of the Industrial Zoning Ordinance to legally establish a gravel parking lot, granted. 2004-AP1-002; (west of site), Appeal of Administrator’s decision to approve a Certificate of Legal Nonconforming Use for a four-unit multi-family dwelling in the D-8 district with non-conforming setback lines and yards, denied.

(Continued)

81

STAFF REPORT 2019-UV3-017 (Continued) 2004-LNU-020; 927-929 English Avenue (west of site), Certificate of Legal Non-Conforming Use for building setback lines and yards, four dwelling units, and a total car ratio of 0.00, granted. 2000-AP2-005; 906-914 English Avenue (northwest of site), Modification of site plan, related to petition 2000-UV2-016, to provide for the reconfiguration of a 1,040-square foot carriage house, creating an 11.5-foot front setback from Pine Street and a 20-foot front setback from Harrison Street (minimum 18-foot front setback from Pine Street and 22-foot front setback from Harrison Street permitted by 2000-UV2-016), granted. 2000-UV2-016; 906 English Avenue (Northwest of site), Variance of use of the Commercial Zoning Ordinance and a variance of use and development standards of the Dwelling Districts Zoning Ordinance to provide for the construction of a single-family dwelling on a lot containing an existing two-family dwelling, with a main floor area of zero feet, and to legally establish a two-family dwelling, with a front setback of 2.5 feet along English Avenue and a front setback of three feet along Pine Street, and a side yard setback of three feet, granted. 2000-ZON-027; 502 South Shelby Street (south of site), Rezoning of 0.10 acre, being in the D-8 District, to the SU-1 classification to provide for parking for a religious use, approved. 95-UV3-51; 436-440 Shelby Street (South of site), Variance of use of the Commercial Zoning Ordinance to provide for a machine shop for the manufacture of pattern molds, granted. 88-V1-27A; 916 Harrison Street (North of site), Variance of development standards of the Industrial Zoning Ordinance to provide for an additional overhead loading door within the required front yard on an addition approved pursuant to the Petition 87-V1-94, granted. 87-V1-94; 916 Harrison Street (North of site), Variance of development standards of the Industrial Zoning Ordinance to provide for an addition to an existing industrial building without the required setback, granted. 85-Z-120B; 963 English Avenue (southwest of site), Rezoning of 0.229 acre, being in the D-8 district, to the SU-1 classification to provide for additional parking for the church, approved. 84-V3-56; 1027 Harrison Street (north of site) Variance of development standards of the Industrial Zoning Ordinance to provide for a 16 by 34-foot addition to an existing building within the required setback from the right-of-way, withdrawn. MI

*******

82

2019-UV3-017; Location Map

2019-UV3-017; Aerial Map

2019-UV3-017; Sanborn (1898)

83

2019-UV3-017; EXHIBIT 1 - APPEAL LETTER

84

85

2019-UV3-017; Site Plan

2019-UV3-017; Amended Site Plan

86

2019-UV3-017; Photographs

Photo of the Subject Property: 1018 Calvary Street

View of the vacant commercial building and existing single-family dwelling to the south.

87

Buildings located east of the subject site.

Rear view of the subject site and bordering alley.

88

PART IV COMPANION PETITIONS RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, APPEAL FILED BY THE PETITIONER: 2019-CZN-826 / 4410 ALLISONVILLE ROAD (APPROXIMATE ADDRESS) 2019-CVR-826 / WASHINGTON TOWNSHIP, COUNCIL DISTRICT #9 2019-CVC-826 EZ-STOR LLC ℅ PARADIGM TAX ESS #0431, by David Kingen and Justin

Kingen Rezoning of 3.25 acres from the C-S district to the C-S district to provide for C-1 office uses and to expand a self-storage facility. Variance of development standards of the Consolidated Zoning and Subdivision Ordinance, to provide for nine parking spaces, a 20.3-foot tall, 221-square foot freestanding pole sign, with a 140-square foot digital display equaling 63% of the sign area located 50 feet from the nearest protected district (maximum 20-foot height for pole signs, maximum 100-square foot digital display, pole sign not permitted with digital display, digital display cannot exceed 40% of sign area, 600-foot separation required). Vacation of an irregular portion of Binford Boulevard, being approximately 70 feet wide, consisting of 0.28 acre from the west right-of-way line of Allisonville Road to a point along the 70-foot right-of-way of Binford Boulevard 265.72 feet to the west, being a part of Lots 20, 21, 23, 24, 25 and 26 in Fall Creek Boulevard Addition recorded in Plat Book 20, Page 34 in the Office of the Recorder of Marion County, with a waiver of the assessment of benefits.

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STAFF REPORT


Current Planning Section

Case Number: 2019-CZN-826 / 2019-CVR-826 / 2019-CVC-826 Address: 4410 Allisonville Road (Approximate Address)

Location: Washington Township, Council District #9 Petitioner: EZ-STOR LLC %Paradigm Tax ESS #0431, by David Kingen and Justin

Kingen Request: Rezoning of 3.25 acres from the C-S district to the C-S district to

provide for C-1 office uses and to expand a self-storage facility.

Variance of development standards of the Consolidated Zoning and Subdivision Ordinance, to provide for nine parking spaces, a 20.3-foot tall, 221-square foot freestanding pole sign, with a 140-square foot digital display equaling 63% of the sign area located 50 feet from the nearest protected district (maximum 20-foot height for pole signs, maximum 100-square foot digital display, pole sign not permitted with digital display, digital display cannot exceed 40% of sign area, 600-foot separation required).

Vacation of an irregular portion of Binford Boulevard, being approximately 70 feet wide, consisting of 0.28 acre from the west right-of-way line of Allisonville Road to a point along the 70-foot right-of-way of Binford Boulevard 265.72 feet to the west, being a part of Lots 20, 21, 23, 24, 25 and 26 in Fall Creek Boulevard Addition recorded in Plat Book 20, Page 34 in the Office of the Recorder of Marion County, with a waiver of the assessment of benefits.

ADDENDUM FOR MARCH 18, 2020, METROPOLITAN DEVELOPMENT COMMISSION The petitioner’s representative submitted updated documents including a site plan, elevations and C-S Statement. Staff reviewed the updated documents and will be recommending approval of the rezoning request subject to the following commitments being reduced to writing on the Commission's Exhibit "B" forms at least three days prior to the MDC hearing:

1. The final site plan, elevations and landscape plan shall be submitted for Administrator’s Approval prior to the issuance of an Improvement Location Permit (ILP). The site plan shall be in substantial compliance with the site plan, file-dated February 11, 2020, and provide for sidewalks along Allisonville Road and East Fall Creek Parkway North Drive. Elevations shall be in substantial compliance with the elevations file-dated March 5, 2020.

2. Development of the site shall in accordance with the C-S Statement, file-dated March 5, 2020.

(Continued)

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STAFF REPORT 2019-CZN-826 / 2019-CVR-826 / 2019-CVC-826 (Continued) The updated documents have eliminated the need for the variances. The variance requests should, therefore, be withdrawn. Because the proposed vacation of the right-of-way has an odd configuration, would not impact traffic patterns and would be integrated into development of the site, staff recommends approval of the proposed vacation, but recommends denial of the waiver of benefits because this area has been improved. RECOMMENDED MOTION (Waiver Denial): That the Metropolitan Development Commission finds that the proposed vacation is in the public interest; that a hearing upon the assessment of benefits be held on April 1, 2020; that the Hearing Examiner confirm and ratify the adoption of Declaratory Resolution 2019-CVC-826; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16. RECOMMENDED MOTION (Waiver Approval): That the Metropolitan Development Commission find that the proposed vacation is in the public interest; that a hearing upon the assessment of benefits be waived; that the Plat Committee confirm and ratify the adoption of Declaratory Resolution 2019-CVC-826; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16. ADDENDUM, FOR FEBRUARY 19, 2020, METROPOLITAN DEVELOPMENT COMMISSION The Metropolitan Development Commission continued these petitions from the January 15, 2020 hearing, to the February 19, 2020 hearing, at the request of the petitioner’s representative. The petitioner’s representative is requesting a continuance from the February 29, 2020 hearing, to the March 18, 2020 hearing. This would require a motion and vote. Staff would note that the Ordinance identifies the following use specific standards for self-storage facilities: Mini-Warehouses (Self-Storage Facility)

1. All storage shall be within enclosed buildings except in the C-7, I-3 and I-4 districts. 2. Security fencing shall not include razor wire or barbed wire within 10 feet of a front lot line or transitional yard. 3. Doors to individual storage units shall not face any abutting street frontage, or, if the site is located on a corner parcel, shall not face the primary street frontage. 4. A landscaped or naturally vegetated buffer at least 50 feet in width shall be provided along any lot line that abuts a protected district. 5. Exterior access to any storage units within 100 feet, measured in any direction, of any dwelling district shall be limited to the period between 6:00 a.m. and 10:00 p.m.

(Continued)

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STAFF REPORT 2019-CZN-826 / 2019-CVR-826 / 2019-CVC-826 (Continued) These provisions should be considered as amendments are made to any documents. ADDENDUM FOR JANUARY 15, 2020, METROPOLITAN DEVELOPMENT COMMISSION This petition was heard by the Hearing Examiner on December 26, 2019. After a full hearing the Hearing Examiner recommended denial of the rezoning and the variance requests. Subsequently, the petitioner’s representative filed an appeal of the Hearing Examiner’s decision. A memorandum of her recommendation is attached. At the hearing, the petitioner’s representative amended the variance requests, but it is unclear what has changed. Furthermore, the petitioner’s representative has not filed an amended request to confirm and / or clarify the amendment(s). ADDENDUM FOR DECEMBER 26, 2019, HEARING EXAMINER The Hearing Examiner continued these petitions from the November 21, 2019 hearing, to the December 26, 2019 hearing, at the request of the petitioner’s representative. ADDENDUM FOR NOVEMBER 21, 2019, HEARING EXAMINER The Hearing Examiner continued these petitions from the September 12, 2019 hearing, to the October 24, 2019 hearing, and to the November 21, 2019 hearing, at the request of the petitioner’s representative. September 12, 2019 RECOMMENDATIONS Staff recommends denial of these requests. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE ISSUES

This 3.5-acre site, zoned C-S, is developed with a self-storage facility. It is surrounded by commercial uses to the northwest, across Old Allisonville Road, zoned C-5 and C-3; multi-family dwellings to the east, across Allisonville Road, zoned MU-1; commercial uses, Fall Creek, park and multi-family dwellings, across Binford Boulevard, to the south, zoned C-5. PK-2, PK-1, and D-7, respectively.

◊ Petition 2000-ZON-869 rezoned the site to the C-S (W-1) to provide for a self-storage, self-

service automobile wash bays and an apartment for an on-site manager.

(Continued)

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STAFF REPORT 2019-CZN-826 / 2019-CVR-826 / 2019-CVC-826 (Continued) REZONING ◊ This request would rezone C-S district to the C-S classification to provide for C-1 office uses

and to expand a self-storage facility. See Exhibit A. “The C-S District is designed to permit, within a single zoning district, multi-use commercial complexes or land use combinations of commercial and noncommercial uses, or single-use commercial projects. The primary objective of this district is to encourage development which achieves a high degree of excellence in planning, design or function, and can be intermixed, grouped or otherwise uniquely located with maximum cohesiveness and compatibility. The district provides flexibility and procedural economy by permitting the broadest range of land use choices within a single district, while maintaining adequate land use controls. The C-S District can include high-rise or low-rise developments, can be applied to large or small land areas appropriately located throughout the metropolitan area, and can be useful in areas of urban renewal or redevelopment.”

The Ordinance identifies the purposes of the C-S District:

1. To encourage: i. A more creative approach in land planning. ii. Superior site and structural design and development. iii. An efficient and desirable use of open space.

2. To provide for a use of land with high functional value. 3. To assure compatibility of land uses, both within the C-S district and with adjacent

areas. 4. To permit special consideration of property with outstanding features, including, but not

limited to, historical, architectural or social significance, unusual topography, landscape amenities, and other special land characteristics.

5. To provide maximum adaptability and flexibility in zoning and development controls to meet the changing and diverse needs of the metropolitan area.

The Comprehensive Plan recommends office/industrial mixed-use. “The Office/Industrial Mixed-Use (Business Park) typology is intended to provide for light industrial, distribution, and office uses conducted within enclosed structures and unlikely to create emissions of light, odor, noise, or vibrations. The typology is characterized by groups of buildings within office/warehouse parks. Examples of typical uses include warehousing, wholesaling, research and development facilities, testing and evaluation facilities, offices, education resource centers, assembly of high technology products, and conference centers. Industrial or truck traffic should be separated from local/ residential traffic in this typology.”

◊ Overlays are used in places where the land uses that are allowed in a typology need to be

adjusted. They may be needed because an area is environmentally sensitive, near an airport, or because a certain type of development should be promoted. Overlays can add uses, remove uses, or modify the conditions that are applied to uses in a typology.

(Continued)

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STAFF REPORT 2019-CZN-826 / 2019-CVR-826 / 2019-CVC-826 (Continued) ◊ This site is located in an environmentally sensitive area (100-year floodplain). “The

Environmentally Sensitive Areas (ES) Overlay is intended for areas containing high quality woodlands, wetlands, or other natural resources that should be protected. The purpose of this overlay is to prevent or mitigate potential damage to these resources caused by development. This overlay is also appropriate for areas that present an opportunity to create a new environmental asset. This overlay is not intended for the preservation of open space.”

The request would be consistent with the Comprehensive Plan recommendation, however, staff is concerned that the expansion would result in a site that would be covered with buildings and pavement, leaving little space for landscaping and buffering for surrounding land uses (park and residential). Furthermore, the area proposed for expansion is located in the 100-year floodplain.

Staff would not object to an appropriate and reasonable expansion that would provide more areas of landscaping and buffering, but as proposed, a site primarily of hard surface would not be supportable.

Floodway Fringe

This site has a secondary zoning classification of a Floodway Fringe (FF), which is the portion of the regulatory floodplain that is not required to convey the 100-year frequency flood peak discharge and lies outside of the floodway.

The designation of the FF District is to guide development in areas subject to potential flood damage, but outside the Floodway (FW) District. All uses permitted in the primary zoning district (C-S in this request) are permitted, subject to certain development standards of the Flood Control Districts Zoning Ordinance.

Wellfield Protection Secondary Zoning

A wellfield is an area where the surface water seeps into the ground to the aquifer and recharges the wells that are the source of our drinking water. This secondary zoning district places closer scrutiny on uses and activities that might contaminate the underground drinking water supply.

There are two wellfield district designations. An area identified as W-1 is a one-year time-of-travel protection area. The W-5 is a five-year time-of-travel protection area. All development within these districts are subject to Commission approval. The filing of a site and development plan is required and subject to approval, on behalf of the Commission, by a Technically Qualified Person (TQP), unless exempted by the Ordinance.

(Continued)

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STAFF REPORT 2019-CZN-826 / 2019-CVR-826 / 2019-CVC-826 (Continued)

“Because of the risk that hazardous materials or objectionable substances pose to groundwater quality, it is recognized that the further regulation of the manufacturing of, handling, transfer, disposal, use or storage of hazardous materials or objectionable substances related to nonresidential use activities is essential in order to preserve public health and economic vitality with Marion County.”

◊ All uses permitted in the applicable primary zoning district shall be those uses permitted in the

W-1 and W-5 zoning districts, unless otherwise prohibited by the Ordinance, and provided no other secondary zoning district prohibits the use.

◊ “No building, structure, premises or part thereof shall be altered, constructed, converted,

erected, enlarged, extended, modified, or relocated except in conformity with this Section, and not until the proposed Site and Development Plan has been filed with and approved on behalf of the Commission by the Technically Qualified Person (TQP). Regulations found in Chapter 742, Article II, Section 4 shall apply to all land within the Wellfield Protection Zoning Districts. The entire site shall be subject to review by the TQP. These regulations shall be in addition to all other primary and secondary zoning district regulations applicable to such land, and in case of conflict, the more restrictive regulations shall apply.”

The subject site is located in W-1 Fall Creek wellfield protection area and any use or development within a wellfield protection district would be subject to the Technically Qualified Person (TQP) review and approval, unless and until the property owner provides sufficient justification that the type of use, type of facility, and chemical quantity limits, independent of the land use would be exempt from the requirements for filing a development plan. Otherwise, a development plan would be required to be filed and approved on behalf of the Metropolitan Development Commission by the (TQP). Contaminants that would have an adverse effect would include chemicals that are used in the home, business, industry, and agriculture. Chemicals such as furniture strippers, lawn and garden chemicals, cleaning chemical and solvents, gasoline, oil, and road salt can all contaminate groundwater supplies if poured on the ground or improperly used or stored.


This request would provide for nine parking spaces when the Ordinance requires one parking space for every 30 units, for a total of 22 required parking spaces. The information filed indicates that 11 parking spaces exist and the request would decrease the parking spaces to nine.

The petitioner’s representative has not provided a finding of fact that presents a practical difficulty for a reduction of parking spaces. Furthermore, staff believes there is not a practical difficulty in the use of the site if the required number of parking spaces would be provided.

(Continued)

95


This request would provide for a 20.3-foot tall, 221-square foot freestanding pole, with a 140-square-foot digital display when the Sign Regulations limits the height of a pole sign to 20 feet, does not permit digital display on pole signs and limits the digital display to 40% of the sign area. The petitioner submitted an amended sign elevation, file-dated August 12, 2019, that decreased the sign height to 20 feet. Consequently, the petitioner’s representative should withdraw that variance.

No practical difficulty has been provided that would justify a digital display on a 20-foot tall pole sign that exceeds the square footage of a digital display. Self-storage facilities, by their very nature, are easily recognizable architecture. Signage for the site that complies with the Sign Regulations could appropriately identify the site and provide information to passersby.

Finally, the request would provide for a 50-foot separation from a protected district when the Ordinance requires a 600-foot separation from a sign with a digital display and in this case, a digital display of 140 square feet.

Neither the lack of a modern sign to promote the Keystone Avenue corridor or the full utilization of the site, as proposed by the findings, demonstrate a practical difficulty in the use of the land.

Staff would note that the site plan, file-dated July 31, 2019, does not indicate the location of the proposed sign.

For all these reasons, staff recommends denial of all the requested variances. VACATION SUMMARY ◊ This request would vacate an irregular portion of Binford Boulevard, being approximately 70

feet wide and consisting of 0.28 acre. The vacated area would include from the west right-of-way line of Allisonvillle Road to a point along the right-of-way of Binford Boulevard approximately 266 feet to the west and being part of six lots.

◊ The document describing and depicting the proposed right-of-way vacation appears to have

been prepared from an aerial and does not reflect what exists on the surface of the ground or below, such as utilities and infrastructure. A more detailed survey should be prepared and filed for further review.

◊ Generally, staff would not object to the vacation of this oddly-shaped area of land, but without

more details of existing infrastructure and assurances that this vacated area would be utilized for landscaping and buffering from adjacent land uses, staff cannot support this vacation. As proposed, the vacation would not be in the public interest, but would only benefit the petitioner.

(Continued)

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STAFF REPORT 2019-CZN-826 / 2019-CVR-826 / 2019-CVC-826 (Continued) ◊ The petitioner’s representative requested a waiver of benefits. Because this right-of-way is

improved, staff cannot support the waiver. If the vacation would be approved staff recommends that a hearing on the assessment of benefits be held in accordance with the Ordinance and Rules of Procedure.

RECOMMENDED MOTION (Denial): That the Metropolitan Development Commission finds that the proposed vacation is not in the public interest and waiver of benefits should be denied. RECOMMENDED MOTION (Approval): That the Metropolitan Development Commission finds that the proposed vacation is in the public interest; that a hearing upon the assessment of benefits be held on September 26, 2019; that the Hearing Examiner confirm and ratify the adoption of Declaratory Resolution 2019-CVC-826; and that the vacation be subject to the rights of public utilities under IC 36-7-3-16. PROCEDURE Neither the Division of Planning nor the Plat Committee, Hearing Examiner or Metropolitan Development Commission determines how vacated right-of-way is divided. The approval of a vacation petition only eliminates the public right-of-way. The vacation approval does nothing more. A petitioner will not receive a deed or other document of conveyance after the approval of a vacation. The general rule under Indiana case law is that when a street or highway is vacated or abandoned the title to the land reverts to the abutting property owners. This rule exists by virtue of the fact that the abutting land owner owns to the center of the street or highway subject only to an easement for the public to the use of the street or highway. Gorby v. McEndarfer 135 Ind.App. 74, *82, 191 N.E.2d 786, **791 (Ind.App.1963). However, there are possible exceptions to this general rule.

After a vacation of public rights-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 an irregular portion of Binford Boulevard, being approximately 70 feet wide, consisting of 0.28 acre from the west right-of-way line of Allisonville Road to a point along the 70-foot right-of-way of Binford Boulevard 265.72 feet to the west, being a part of Lots 20, 21, 23, 24, 25 and 26 in Fall Creek Boulevard Addition recorded in Plat Book 20, Page 34 in the Office of the Recorder of Marion County, with a waiver of the assessment of benefits.

(Continued)

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STAFF REPORT 2019-CZN-826 / 2019-CVR-826 / 2019-CVC-826 (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 answer, retain easement Cable: No answer, retain easement DPR: No answer, retain easement, if requested DPW, TS: No answer, retain easement GENERAL INFORMATION EXISTING ZONING AND LAND USE

C-S Self-storage facility


North - C-S N/A (irregular configuration) South - C5 / PK-2 / PK-1 / D-7 Commercial use / park / multi-family dwellings East - MU-1 Multi-family dwellings West - C-5 Commercial uses

COMPREHENSIVE LAND USE PLAN

The Comprehensive Land Use Plan for Indianapolis and Marion County (2018) recommends office / industrial mixed-use.

THOROUGHFARE PLAN This portion of Allisonville Road is designated in the Marion County Thoroughfare Plan as a secondary arterial, with an existing and proposed 74-foot right-of-way.

This portion of Old Allisonville Road is designated in the Marion County Thoroughfare Plan as a local street, with an existing and proposed 70-foot right-of-way.

This portion of Binford Boulevard is designated in the Marion County Thoroughfare Plan as a local street, with an existing and proposed 116-foot right-of-way.

CONTEXT AREA This site is located within the metro context area.

OVERLAY This site is located within the environmentally sensitive overlay (100-year floodplain – Fall Creek).

WELLFIELD PROTECTION DISTRICT

This site is located within the Fall Creek W-1 Wellfield Protection District.

(Continued)

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CONCEPTUAL SITE PLAN

CONCEPTUAL SITE PLAN (AMENDED

File-dated July 31, 2019.

File-dated February 11, 2020

ELEVATIONS

ELEVATIONS (AMENDED)

File-dated July 31, 2019

File-dated March 5, 2020

C-S STATEMENT

C-S STATEMENT (AMENDED)



ZONING HISTORY 2000-ZON-869; 4405 Allisonville Road, requested rezoning of 2.8 acres from the C-5 (W-1) district to the C-S (W-1) classification to provide for a self-storage facility, self-service automobile wash bays, and an apartment, approved. 93-UV1-17; 4446 Allisonville Road (north of site), requested a variance of use of the Commercial Zoning Ordinance to provide for the continued operation of an automobile sales service and repair shop including body work, approved. 89-UV1-109; 4446 Allisonville Road (north of site), requested a variance of use of the Commercial Zoning Ordinance to provide for operation of an automobile sales, service and repair shop including body work, approved for three years. kb *******

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100

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EXHIBIT A

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EXHIBIT A (AMENDED) C-S STATEMENT (AMENDED)

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105

106

107

108

109

View of site looking north across Binford Boulevard

View from site looking north along Allisonville Road

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View looking north along Old Allisonville Road

View from site looking south where vacation is proposed.

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View from site looking southeast towards Fall Creek

View of site looking south

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View of site looking west

View of site looking east from Old Allisonville Road

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PART V REZONING PETITION TRANSFERRED BY THE HEARING EXAMINER FOR INITIAL HEARING: 2019-ZON-069 8516, 8600, 8814 AND 8816 SOUTH ARLINGTON AVENUE AND 5624 AND

5740 EAST COUNTY LINE ROAD (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #25 SHEEHAN DEVELOPMENT COMPANY, INC., EAST COUNTY LINE PARTNERS LLC AND COUNTY LINE CONSOLIDATED LLC, by Brian J. Tuohy Rezoning of 136.78 acres from the D-A and C-4 districts to the C-S district to provide for approximately 384 multi-family residential units on approximately 19.5 acres within the northern half of the southeast quadrant of this site and I-1 and C-4 uses on approximately 78.5 acres within the western half of the site and the southern half of the southeast quadrant of the site and C-1 uses within approximately 40 acres within the northeast quadrant of this site.

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STAFF REPORT


Current Planning Section Case Number: 2019-ZON-069 Address: 8516, 8600, 8814 and 8816 South Arlington Avenue and 5624 and 5740

East County Line Road (Approximate Addresses) Location: Center Township, Council District #25 Petitioner: Sheehan Development Company, Inc., East County Line Partners LLC

and County Line Consolidated LLC, by Brian J. Tuohy Request: Rezoning of 136.78 acres from the D-A and C-4 districts to the C-S

district to provide for approximately 384 multi-family residential units on approximately 19.5 acres within the northern half of the southeast quadrant of this site and I-1 and C-4 uses on approximately 78.5 acres within the western half of the site and the southern half of the southeast quadrant of the site and C-1 uses within approximately 40 acres within the northeast quadrant of this site.

ADDENDUM FOR MARCH 18, 2020, METROPOLITAN DEVELOPMENT The petitioner’s representative submitted an updated site plan and C-S Statement, file-dated March 6, 2020, that reconfigures the site by relocating the multi-family dwellings (approximately 23 acres) along the northeastern boundary with C-1 uses (approximately 16 acres) to the south of this area. The southeastern area (approximately 32 acres) would be removed from the request and would remain C-4. The western portion (approximately 66 acres) of the site would be developed with C-4 and I-1 uses, subject to certain prohibited uses. See Amended C-S Statement. Staff would also note that as this approximately 137-acre site is developed, minimum 20-foot wide access easements should be provided throughout the development that would connect the various uses and provide a functional integrated center. Staff would, therefore, request this be included as a commitment. According to an updated Traffic Impact Study (TIS), the relocation of the multi-family dwellings would result in 64 fewer dwelling units which would generate significantly fewer trips, but would not have an effect on the conclusions and recommendations of the original TIS. Furthermore, subsequent relocation of the access drive to the multi-family complex would not adversely impact South Arlington Avenue. Approval of this request should be subject to the amended C-S Statement (including proposed commitments), file-dated March 6, 2020, that includes those requested by staff, with minor revisions. Consequently, staff continues the recommend approval of this request, subject to the amended site plan and C-S Statement, file-dated March 6, 2020.

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) February 5, 2020 The Hearing Examiner continued this petition from the August 15, 2019 hearing, to the September 26, 2019 hearing, at the request of a neighborhood organization to provide additional time for discussions between the neighborhood organization and the petitioner’s representative. The Hearing Examiner continued this petition from the September 26, 2019 hearing, to the October 24, 2019 hearing, at the request of staff to conduct a traffic impact study (TIS). The Hearing Examiner continued this petition from the October 24, 2019 hearing, to the November 21, 2019 hearing at the request of the City County Councilor. The Hearing Examiner continued this petition from the November 21, 2019 hearing, and transferred it to the Metropolitan Development Commission for their hearing on December 18, 2019, at the request of the City-County Councilor and the petitioner’s representative. The Metropolitan Development Commission continued this petition from the December 18, 2019 hearing, to the February 5, 2020 hearing, to provide additional time for the TIS to be conducted, filed with the office and reviewed by staff. RECOMMENDATIONS Staff recommends approval of this request, subject to the following commitments being reduced to writing on the Commission's Exhibit "B" forms at least three days prior to the MDC hearing:

1. A 53-foot half right-of-way shall be dedicated along the frontage of South Arlington Avenue, as per the request of the Department of Public Works (DPW), Engineering Division. Additional easements shall not be granted to third parties within the area to be dedicated as public right-of-way prior to the acceptance of all grants of right-of-way by the DPW. The right-of-way shall be granted within 60 days of approval and prior to the issuance of an Improvement Location Permit (ILP).

2. An amended site plan shall be submitted for Administrator’s Approval prior to the issuance of an Improvement Location Permit (ILP) and any site disturbance that provides for multi-family dwellings and C-1 uses on the northern portion of the site; certain I-1 and C-4 uses along the western portion in proximity of the I-65 interchange and south of the multi-family and C-1 uses; and permitted C-4 uses along East County Line Road and the southern portion of South Arlington Avenue.

3. A wetlands delineation shall be conducted prior to the issuance of an ILP to assess the existence and quality of the approximately 4.65-acre area located on Parcel Number 3009554 to determine how this area can be preserved and integrated into the proposed development.

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued)

4. A tree assessment and preservation plan by a certified arborist shall be submitted for Administrator’s Approval prior to any site preparation or disturbance of the site. Such assessment shall determine the species of trees, their condition and a risk assessment of all trees over 18 inches in diameter that would be impacted by development. In accordance with the Ordinance, if any of the trees are heritage trees that would be impacted, they would be preserved or removed and replaced.

5. An amended C-S Statement shall be submitted for Administrator’s Approval within 30 days of final approval that excludes certain I-1, C-1 and C-4 uses, as noted in staff’s comments.

6. Building elevations shall be submitted for Administrator’s Approval prior to the issuance of an ILP. Pursuant to the Plan, design features shall include exterior materials, finished sides, articulated walls, landscaping, location of trash containers and signage.

SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 136.78-acre site, zoned D-A and C-3, is comprised of seven parcels located at the northwest corner of the intersection of South Arlington Avenue and East County Line Road. It is undeveloped and surrounded by multi- and single-family dwellings to the north, zoned D-6II and D-3, respectively; undeveloped land in Johnson County (Greenwood), across East County Line Road to the south, zoned C-2; undeveloped land and single-family dwellings to the east, across South Arlington Avenue, zoned D-A and D-P, respectively; and I-65 interchange right-of-way to the west, zoned D-A.

REZONING ◊ This request would rezone the site to the C-S District to provide for mixed-use development.

“The C-S District is designed to permit, within a single zoning district, multi-use commercial complexes or land use combinations of commercial and noncommercial uses, or single-use commercial projects. The primary objective of this district is to encourage development which achieves a high degree of excellence in planning, design or function, and can be intermixed, grouped or otherwise uniquely located with maximum cohesiveness and compatibility. The district provides flexibility and procedural economy by permitting the broadest range of land use choices within a single district, while maintaining adequate land use controls. The C-S District can include high-rise or low-rise developments, can be applied to large or small land areas appropriately located throughout the metropolitan area, and can be useful in areas of urban renewal or redevelopment.”

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) ◊ The Special Commercial district (C-S) is established for the following purposes: 1. To encourage: i. A more creative approach in land planning. ii. Superior site and structural design and development. iii. An efficient and desirable use of open space. 2. To provide for a use of land with high functional value. 3. To assure compatibility of land uses, both within the C-S district and with adjacent areas. ‘

4. To permit special consideration of property with outstanding features, including, but not limited to, historical, architectural or social significance, unusual topography, landscape amenities, and other special land characteristics.

5. To provide maximum adaptability and flexibility in zoning and development controls to meet the changing and diverse needs of the metropolitan area.

◊ The Comprehensive Plan recommends interchange area mixed-use. “This land use category

provides for a wide range of uses appropriate to the vicinity of Interstate interchanges where substantial developable land remains. Few large tracts in proximity to interstate interchanges may still be found in Marion County. These areas should be planned and developed in a way that makes good use of this valuable and scarce resource.”

Intense uses (traffic-generating, employee- or customer-dense)

Development in this category should have a high intensity of use. Intensity of use refers to the level of activity associated with a land use. Generally, the higher the level of activity associated with a land use, the higher the intensity. Measures of an area’s level of activity include the number of people and vehicles that enter and exit the area, the area’s physical development, and the area’s impact on adjacent land uses. Uses in this area should be either employee-dense, customer-dense, or both. Ideally intensity of use should be greatest closest to the interchange and taper off as the distance from the interchange increases. Appropriate uses include, but are not limited to: • Employee-dense light industrial uses • Medium- to large-scale regional commercial uses

• Employee-dense office uses (multi-story office buildings such as corporate headquarters)

• Apartments or condominiums (residential density of 8 or more units per acre) • Hospitals • Hotels and conference centers

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Inappropriate uses Low intensity uses or uses that are not employee- or customer-dense are inappropriate in this category. Some examples of inappropriate uses are:

• Single-family residences • Cemetery • Schools (K-12) • Churches • Self-storage • Warehousing • New or used vehicle sales or rentals • Salvage yards • Athletic fields/golf driving ranges • Seasonal uses

Traffic This category is by nature traffic-intense. Development in this category should promote

efficiency of traffic movement, particularly on arterials connecting to the interstate interchange. Development within the area should have a high degree of vehicular connectivity among land uses to give motorists choices of routes and not force motorists onto arterials for trips among sites within the area.

◊ This site is also located in Critical Area J that recommends large-scale development in

proximity of the I-65 interchange, with less intense uses adjacent to protected districts (north and northeast of the site) to serve as transitional areas. See Exhibit A.

◊ The Plan also provides for the following area-wide Development Principles:

• Provide an attractive gateway to Indianapolis in the interchange area. • Preserve and maintain existing neighborhoods. • Sensitively incorporate the natural assets of the area (significant woodlands, wetlands,

ridgelines) into development. • Provide for a healthy tax base. • Provide pedestrian and bicycle connectivity. • Restrict tall structures, noise-sensitive uses and uses with mass congregation from the

vicinity of the Greenwood Airport. • Provide for regional and local transit. • Reserve the interchange area for uses requiring close interstate access or visibility. • Restrict low intensity uses from the interchange area. • Reserve large parcels in the interchange area for large-site development. • Provide for medical-related uses in proximity to St. Francis Hospital. • Provide buffering between residential areas and more intense uses. • Separate incompatible uses.

• Provide adequate park and recreation space.

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) Site Plan ◊ The request would provide for approximately 384 multi-family residential units on

approximately 19.5 acres within the northern half of the southeast quadrant of this site and I-1 and C-4 uses on approximately 78.5 acres within the western half of the site and the southern half of the southeast quadrant of the site and C-1 uses within approximately 40 acres within the northeast quadrant of this site.

◊ “The I-1 district (Restricted Industrial) is designed for those industries that present the least risk

to the public. In the I-1 district, uses carry on their entire operation within a completely enclosed building in such a manner that no nuisance factor is created or emitted outside the enclosed building. No storage of raw materials, manufactured products, or any other materials is permitted in the open space around the buildings. Loading and unloading berths are completely enclosed or shielded by solid screening. This district has strict controls on the intensity of land use providing protection of each industry from the encroachment of other industries. It is usually located adjacent to protected districts and may serve as a buffer between heavier industrial districts and business or protected districts.”

◊ “The C-4 District (Regional Commercial) is designed to provide for the development of major

business groupings and regional-size shopping centers to serve a population ranging from a community or neighborhoods to a major segment of the total metropolitan area. These centers may feature a number of large traffic generators such as home improvement stores, department stores, and theatres. Even the smallest of such freestanding uses in this district, as well as commercial centers, require excellent access from major thoroughfares. While these centers are usually characterized by indoor operations, certain permitted uses may have limited outdoor activities, as specified.”

◊ The C-1 District (Office Buffer) is designed to perform two functions: act as a buffer between

uses, and provide for a freestanding area that office uses, compatible office-type uses, such as medical and dental facilities, education services, and certain public and semipublic uses may be developed with the assurance that retail and other heavier commercial uses with incompatible characteristics will not impede or disrupt. Since the buildings for office, office-type and public and semipublic uses are typically much less commercial in appearance, landscaped more fully and architecturally more harmonious with residential structures, this district can serve as a buffer between protected districts and more intense commercial or industrial areas/districts - if designed accordingly. This district, with its offices and other buffer type uses, may also be used along certain thoroughfares where a gradual and reasonable transition from existing residential use should occur.

◊ The site plan, file dated July 11, 2019, depicts approximately 24.65 acres along East County

Line Road with I-1 and C-4 uses, except for two parcels to the east along South Arlington Avenue (addressed as 8914 and 8950 South Arlington Avenue) that are not included in this petition. Staff would note that two other abutting parcels on South Emerson Avenue (addressed as 8516 and 8840 South Arlington Avenue) are not part of this petition.

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) ◊ Approximately 19.44 acres north of the proposed commercial site would provide for 384 multi-

family dwellings, with access on South Arlington Avenue. Staff believes the multi-family use should be located further north adjacent to the existing residential uses as a transitional buffer between the existing single-family residential and the proposed commercial. It would also be consistent with the “critical area” recommendations.

◊ Approximately 38.97 acres north of the multi-family dwellings would provide for C-1 uses. Staff

believes the C-1 uses should be located within the northwest quadrant of this site east of the I-65 interchange right-of-way and adjacent to the existing residential to the north, thereby providing the recommended transition and buffer. Industrial uses in this area would disrupt and negatively impact those residential communities and should be located south of the C-1 uses and further from the residential neighborhoods.

◊ The remaining approximately 53.72 acres along the I-65 interchange would provide for I-1 and

C-4 uses. These more intense uses should be in proximity of the I-65 interchange and along East County Line Road.

◊ The proposed development would be generally consistent with the Plan recommendation,

however, the proposed uses and location of the uses is cause for concern. ◊ Staff believes that all Administrator’s Approval reviews should be consistent with the Plan

recommendations, including those identified in the critical area text. Staff also believes that connectivity (both interior to the site and along South Arlington Avenue and East County Line Road) and integration of the entire site is critical as this site is developed.

C-S Statement ◊ The C-S Statement, file-dated July 11, 2019, identifies the proposed uses and approximate

acreage of these uses. See Exhibit B. Specifically, C-1 uses would occupy 38.97 acres, with submittal of a site plan for Administrator’s Approval depicting the proposed location of improvement, driveways and ingress and egress. Staff believes that the C-1 uses should be in the northern portion of the site to provide a transition to the more intense proposed I-1 and C-4 uses.

◊ In accordance with the Plan, staff believes the following C-1 uses should be prohibited:

Schools (elementary, middle or high schools), religious uses, garden as a primary use, substations / utility distribution nodes, wireless communications facility; and amateur radio antenna (accessory use).

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) ◊ Staff also believes that the following I-1 uses should be prohibited: agricultural uses, buildings

and structures, animal care / boarding / veterinarian services, garden as a primary use, auctioneering / liquidating services, dry cleaning plant or industrial laundry, outdoor advertising off-premise sign, commercial and building contractors, heavy equipment sales, service or repair, firearm sales; local power generating facility, substations / utility distribution nodes, wireless communications facility; automobile fueling station, recycling station, mini-warehouse (self-storage facility); warehousing, wholesaling and distribution; and outdoor storage /operations, amateur radio antenna (accessory uses).

◊ Finally, staff believes that the following C-4 uses should be prohibited: Daily emergency

shelter, schools (elementary, middle or high schools), religious uses, plasma (blood) center, substance abuse treatment facility, animal care / boarding / veterinarian services, garden as a primary use, check cashing or validation service, outdoor advertising off-premise sign, adult entertainment business, adult entertainment business (retail), firearm sales, ongoing fireworks sales, pawn shop, local power generating facility, substations /utility distribution nodes, wireless communications facility, automobile / light vehicle wash, automobile fueling station, automobile / motorcycle /light vehicle service or repair, recycling station; and amateur radio antenna, on-going outdoor display and sales (accessory uses).

◊ Because the Plan included design considerations, staff believes that any development within

the site should be subject to Administrator’s Approval and include site plans, elevations, and landscaping that would be consistent with the Plan recommendations. Development of the site should also provide for vehicular and pedestrian connectivity throughout the site and along the site perimeter.

Traffic Impact Study ◊ Because of the project size (approximately 137 acres), the proposed mixed uses and the Plan

recommendations, staff requested a Traffic Impact Study (TIS). The TIS, file-dated December 27, 2019, analyzed the traffic that would be generated by the proposed mixed-use development.

The parameter used to evaluate traffic operation conditions is referred to as the level-of-service (LOS). There are six LOS (A through F) categories, which relate to driving conditions from best to worst, respectively. LOS directly relates to driver discomfort, frustration, fuel consumption and lost travel time. Traffic operating conditions at intersections are considered to be acceptable if found to operate at LOS D or better.

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) ◊ The study included the following components:

1. Obtain turning movement traffic volume counts at the Arlington Avenue / Stop 11 Road and Arlington Avenue / County Line Road intersections.

2. Estimate 2029 background traffic volumes based on existing traffic volumes. 3. Obtain traffic volume from the proposed near-by Greenwood development and estimate

2029 background traffic volumes. 4. Estimate the number of peak hour trips that would be generated by the proposed

development. 5. Assign and distribute the generated traffic volumes from the proposed development to

the study intersections. 6. Conduct a turn lane warrant analysis at the access drive locations. 7. Prepare a capacity analysis and level of service analysis at the intersections under the

following five scenarios. a. Scenario One – existing peak hour traffic volumes and existing intersection

conditions. b. Scenario Two – 2029 background traffic volumes based on a one percent growth

rate of the existing traffic volumes and intersection conditions. c. Scenario Three – 2029 background traffic volumes and projected traffic from the

proposed Greenwood development south of County Line Road. d. Scenario Four- 2029 background traffic volumes and project traffic from the

proposed Greenwood development and the proposed multi-family development. e. Scenario Five – 2029 proposed development traffic volumes and projected traffic

from the proposed Greenwood development and the proposed mixed-use development.

8. Prepare recommendations for the road improvements needed to accommodate the total traffic volumes once the proposed development is constructed.

◊ The TIS also considered the following approximate square footage of the proposed land uses:

a. 384 dwelling units b. 65,000 square feet of light industrial uses c. 100,000 square feet of general office building d. 135-room business hotel e. 97,500 square feet of shopping center

◊ Proposed site access would include one access drive along East County Line Road and two

access drives along South Arlington Avenue – one at the multi-family development and one that would serve the commercial / industrial development.

◊ Traffic counts were taken during the weekday in September / December 2019 between the

hours of 6:30 a.m. and 8:30 a.m. and 4:00 p.m. and 7:00 p.m.

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) ◊ Conclusions / Recommendations South Arlington Avenue / East Stop 11 Road – intersection currently operates and will continue

to operate at acceptable levels of service with existing intersection conditions. No improvements are recommended.

South Arlington Avenue / East County Line Road – intersection currently operates and will

continue to operate at acceptable levels of service, except for the southbound approach, which currently experiences delays during the a.m. peak hours; delays during the p.m. hours would also occur by 2029. It is recommended that a five-section signal head in place of the existing three-section signal head on the southbound right-turn movement be installed.

South Arlington Avenue / Access Drive (office, retail, industrial) – intersection would operate at

acceptable levels of service during both a.m. and p.m. peak hours. Recommended improvements include construction of the eastbound access drive with one inbound lane and two outbound lanes; addition of an exclusive southbound right-turn lane; and stop-controlled intersection with the access drive stopping for Arlington Avenue.

◊ South Arlington Avenue / Access Drive (multi-family) – traffic entering would have an A level of

service during the a.m. and p.m. peak hours with the recommended improvements. Recommended improvements include the construction of the eastbound access drive with one inbound lane and two outbound lanes; addition of an exclusive northbound left-turn lane; and stop control intersection with the access drive stopping for Arlington Avenue.

◊ East County Line Road / Access Drive – intersection would operate at acceptable levels of

service during the a.m. and p.m. peak hours with recommended improvements. Recommended improvements include construction of the northbound access drive with one inbound lane and two outbound lanes – exclusive northbound left-turn lane and shared through / right-turn lane; construction of the southbound access drive with one inbound lane and three outbound lanes – exclusive southbound right-turn lane, through lane and right-turn lane; addition an exclusive eastbound left-turn lane; addition of an exclusive westbound right-turn lane; and installation of a traffic signal control.

Wetland Preservation ◊ The aerial indicates approximately 4.65 acres of possible wetlands located on the larger parcel

addressed as 8600 South Arlington Avenue (Parcel Number 3009554). Historical aerials confirm this wetland has existed since 1937.

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) ◊ The Environmental Protection Agency defines wetlands “as areas where water covers the soil

or is present either at or near the surface of the soil all year or for varying periods of time during the year, including during the growing season. Water saturation (hydrology) largely determines how the soil develops and the types of plant and animal communities living in and on the soil. Wetlands may support both aquatic and terrestrial species. The prolonged presence of water creates conditions that favor the growth of specially adapted plants (hydrophytes) and promote the development of characteristic wetland (hydric) soils.”

◊ The State of Indiana defines wetlands as “areas that are inundated or saturated by surface or

ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include: (1) swamps; (2) marshes; (3) bogs; and (4) similar areas.”

◊ Staff believes that a technical assessment that would include a wetlands delineation would

determine the type and quality of the wetland based on the presence or absence of wetlands characteristics, as determined with the Wetlands Delineation Manual, Technical Report Y-81-1 of the United States Army Corps of Engineers. Consequently, staff is requesting such assessment be conducted prior to the issuance of an Improvement Location Permit to determine how the area could be preserved and integrated into the development as an amenity

Department of Public Works ◊ The Department of Public Works, Traffic Engineering Section, has requested the dedication

and conveyance of a 53-foot half right-of-way along South Arlington Avenue. Tree Preservation ◊ There are significant amounts of natural vegetation and trees located along the site

boundaries. Due to their inherent ecological, aesthetic, and buffering qualities, the maximum number of these existing trees should be preserved on the site.

◊ A tree inventory and preservation plan prepared by a certified arborist shall be submitted for

Administrator's Approval prior to preliminary plat approval and prior to any site preparation activity. This plan shall, at a minimum: a) delineate the location of the existing trees, b) characterize the size and species of such trees, c) indicate proposed development, and d) identify the method of preservation (e.g. provision of snow fencing or staked straw bales at the individual tree's dripline during construction activity). All trees proposed for removal shall be indicated as such. All development shall be located in a manner which causes the least amount of disruption to the trees.

(Continued)

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This development would also be subject to the Heritage Tree Conservation provision of the Ordinance. The Ordinance provides for replacement of heritage trees if a heritage tree is removed or dies within three years of the Improvement Location issuance date. See Exhibit C, Table 744-503-3: Replacement Trees.

The Ordinance defines “heritage tree” as a tree over 18 inches Diameter at Breast Height (DBH) and one of the Heritage tree species. Heritage tree species include: Sugar Maple (Acer saccharum), Shagbark Hickory (Carya ovata), Hackberry (Celtis occidentalis), Yellowwood (Cladrastus kentukea), American Beech (Fagus grandifolia), Kentucky Coffeetree (Gymnocladus diocia), Walnut or Butternut (Juglans), Tulip Poplar (Liriodendron tulipifera), Sweet Gum (Liquidambar styraciflua), Black Gum (Nyssa sylvatica), American Sycamore (Platanus occidentalis), Eastern Cottonwood (Populus deltoides), American Elm (Ulmus americana), Red Elm (Ulmus rubra) and any oak species (Quercus, all spp.)

Indiana Fire Code ◊ This site would also be subject to, but not limited to, the following Indiana Fire Code provisions: Indiana Fire Code 2014

Section 507.5 - Fire Hydrant Systems Section 507.5.1 - Where Required Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided. Exceptions:

1. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183m)

2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183m).

In accordance with IFC 2014, Section D106 Multiple-Family Residential Developments D106.1 Projects Having More Than 100 Dwelling Units Multiple-family residential projects having more than 100 dwelling units shall be equipped with 2 separate and approved apparatus access roads.

(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) Exception: Projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings, including non-residential occupies, are equipped throughout with approved automatic sprinkler systems installed in accordance with Section 903.3.1.1 or 903.3.1.2. D106.2 Projects Having More Than 200 Dwelling Units Multiple-family residential projects having more than 200 dwelling units shall be provided with 2 separate and approved fire apparatus access roads regardless of whether they are equipped with an approved sprinkler system.

GENERAL INFORMATION EXISTING ZONING AND LAND USE

D-A / C-3 Undeveloped land


North - D-6II / D-3 Multi-family dwellings / single-family dwellings South - Johnson

County (C-2)

Undeveloped land

East - D-A / D-P Undeveloped land / single-family dwellings West - D-A Interstate 65 interchange

COMPREHENSIVE PLAN The I-65 / County Line Road Strategic Plan (2014) recommends interchange area mixed-use.

THOROUGHFARE PLAN This portion of East County Line Road is designated in the Marion County Thoroughfare Plan as a primary arterial, with an existing 100-foot half right-of-way (shared with Johnson County) and a proposed 102-foot right-of-way.

This portion of South Arlington Avenue is designated in the Marion County Thoroughfare Plan as a primary collector, with an existing 50-foot right-of-way and a proposed 106-foot right-of-way

CONTEXT AREA This site in located within the metro context area.

OVERLAY There is no overlay for this site.

SITE PLAN

SITE PLAN (AMENDED)



C-S STATEMENT

C-S-STATEMENT (AMENDED)



(Continued)

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STAFF REPORT 2019-ZON-069 (Continued) ZONING HISTORY 2009-ZON-030; 8814 and 8816 South Arlington Avenue, requested rezoning of 32 acres, being in the D-A District, to the C-4 classification to provide for community-regional commercial uses, approved. 94-SE1-8 / 94-V1-89; 8516 South Arlington Avenue, requested a special exception of the Dwelling Districts Zoning Ordinance to provide for a church use and a variance of development standards of the Sign Regulations to permit a 40-square foot ground sign for an existing church use, granted. kb *******

128

129

Exhibit A Critical Area J Location: County Line Road from I-65 to Combs Road. Current situation: Largely agricultural area in proximity to the I-65/County Line Road interchange. Contains some unplatted residential properties. Recommended land use: Large-scale developments are recommended for the interchange area. Large sites in proximity to interchanges are scarce and should be reserved for uses that need the combination of a large site and immediate interstate access. Examples are large industrial uses, large-scale shopping centers or corporate headquarters. Although small-scale outlot development may be appropriate along some streets or at certain intersections, small- to medium-scale uses should not be sited in ways that preclude large-scale development. Uses adjacent to protected districts (residences, churches, schools, parks) should be less intense and smaller in scale than those uses in the heart of the interchange area. Transitional areas should be wide enough to provide appropriate buffering and should be well landscaped. The width of the buffer and the opacity of the landscaping should increase as the difference in intensity of the neighboring uses increases. Variety in the landscape treatment of the transitional areas is desirable. Examples include variation in type, size and species of the trees and shrubs, inclusion of natural areas, variation in topography such as berms and inclusion of passive recreation features such as walking paths where appropriate. Lighting should be designed to shield the light source from any protected district or right-of-way. The lighting design should also minimize overflow light into the night sky, provide adequate light for safety, and prohibit hazardous glare perceptible from any point beyond the lot lines. I-65 at County Line Road is the most heavily traveled entry point into Indianapolis and Marion County from the south. It is important that a good first impression is made. The following design considerations are important in proximity to the interstate.

• Materials - buildings visible to the interstate should be constructed of high quality, durable and aesthetically-pleasing materials. Examples include such materials as brick, stone, pre-cast concrete panels, tile, decorative block, wood lap siding, ceramic and glass. • Finished sides - buildings should have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public rights-of-way. • Blank walls - walls visible from the interstate should be articulated with openings, changes in materials, or architectural ornamentation. • Landscaping - landscaping along the I-65 frontage should be balanced between providing a lush landscape with a variety of vegetation heights, colors and textures and providing reasonable visibility of structures and signs. • Trash receptacles and refuse areas - trash receptacles and refuse areas should not be located where visible from I-65 and other public rights-of-way.

130

• Signs - Signs should be architecturally compatible with and accentuate the buildings and landscaping on the site in terms of colors, materials, and style. Examples of appropriate types of signs are ground signs, awning signs, wall signs, projecting signs, suspended signs, and window signs. Types of signs that are inappropriate are animated signs, roof signs, marquee signs, message centers, digital signs and electronic variable message signs. An excessive number of signs and excessively large signs are discouraged. • Billboards - Off premises advertising should be restricted from the gateway area.

Pedestrian connectivity within the area and pedestrian connectivity with the surrounding development is important. Sidewalks should be provided along all public streets except Interstate 65. Within Critical Area J walkways and bike paths should be provided to form a walkway system that functionally connects all of the buildings’ main front entrances with the sidewalks located along the public streets. Provisions should be made for adequate bicycle and scooter parking.

Streetscapes and the interiors of parking lots in the Critical Area should be well landscaped to provide a lush landscape with a variety of vegetation heights, colors and textures while providing reasonable visibility of structures and signs. Trees should be planted extensively to cool paved surfaces and intercept storm water.

During this Critical Area’s transition from relatively undeveloped to fully developed, the homes within this Critical Area should be adequately buffered from the new development surrounding them.

The Interchange Area Mixed-Use designation for this area allows for flexibility in development of industrial, commercial and multi-family residential projects. However, the mix of these uses within the Critical Area should not be haphazard or indiscriminate. Traffic generation, truck traffic, compatibility of uses, integration of uses, and building heights and mass should all be evaluated when considering siting of uses within the Critical Area.

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132

Exhibit B

133

134

135

AMENDED C-S STATEMENT

136

137

138

139

140

141

142

143

Exhibit C

Heritage Tree Conservation Removal of any Heritage Tree is prohibited unless any of the following determinations are made before removal: 1. The Administrator or the city’s Urban Forester determines that the tree is dead, significantly

and terminally diseased, a threat to public health or safety, or is of an undesirable or nuisance species.

2. The Director of the Department of Public Works determines that the tree interferes with the provision of public services or is a hazard to traffic.

3. The Administrator determines that the location of the tree is preventing development or redevelopment that cannot be physically designed to protect the tree.

4. The site from which the tree is removed is zoned D-A and the tree is harvested as timber or similar forestry product.

Table 744-503-3: Replacement Trees

Size of tree removed or dead

(inches)

Number of Trees to be planted to

replace a Heritage Tree


replace an existing tree

Over 36 DBH 15 10

25.5 to 36 DBH 11 8

13 to 25 DBH 8 6

10.5 to 12.5 DBH 6 4

8.5 to 10 DBH 5 4

6.5 to 8 3 2

4 to 6 2 2

2.5 to 3.5 1 1

144

View of site looking north across East County Line Road


145


View looking northeast at intersection of East County Line Road and South Arlington Avenue

146

View from site looking southwest

View from site looking north along South Arlington Avenue

147

View from site looking south along South Arlington Avenue

148

PART VI

COMPANION PETITIONS FOR INITIAL HEARING:

2020-CZN-806 / 8451 SOUTH ARLINGTON AVENUE (APPROXIMATE ADDRESS) 2020-CPL-806 FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25 J & T PROPERTIES PLUS LLC, by Russell L. Brown Rezoning of 20.754 acres from the D-A district to the D-P district to provide for

single-family development with a total of 32 lots (including the existing single-family dwelling) at a density of 1.5 units per acre. Approval of a Subdivision Plat to be known as Stonecreek, dividing 20.754 acres into 31 lots and one out-lot, with a waiver of the requirement to provide for a second entrance in a subdivision with 30 lots or more.

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STAFF REPORT


Current Planning Section Case Number: 2020-CZN-806 / 2020-CPL-806 Address: 8451 South Arlington Avenue (Approximate Address) Location: Franklin Township, Council District #25 Petitioner: J & T Properties Plus LLC, by Russell L. Brown Request: Rezoning of 20.754 acres from the D-A district to the D-P district to

provide for single-family development with a total of 32 lots (including the existing single-family dwelling) at a density of 1.5 units per acre.

Approval of a Subdivision Plat to be known as Stonecreek, dividing 20.754 acres into 31 lots and one out-lot, with a waiver of the requirement to provide for a second entrance in a subdivision with 30 lots or more.

The Metropolitan Development Commission continued these petitions from the March 4, 2020 hearing, to the March 18, 2020 hearing, at the request of the petitioner’s representative. RECOMMENDATIONS Staff recommends denial of these requests. SUMMARY OF ISSUES The following issues were considered in formulating the recommendation: LAND USE

This 20.754-acre site, zoned D-A, is undeveloped, except for a single-family dwelling and accessory buildings. It is surrounded by single-family dwellings to the north and south, zoned D-4 and D-P respectively; single-family dwellings to the east, zoned D-3; and single-family dwellings to the west, across South Arlington Avenue, zoned D-3.

REZONING ◊ This request would rezone the site from the D-A District to the D-P classification to provide for

31 single-family lots and one outlot, at a density of 1.5 units per acre. ◊ The purpose of the planned unit development district (D-P) follows:

1. To encourage a more creative approach in land and building site planning. 2. To encourage an efficient, aesthetic and desirable use of open space. 3. To encourage variety in physical development pattern.

(Continued)

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STAFF REPORT 2020-CZN-806 / 2020-CPL-806 (Continued) 4. To promote street layout and design that increases connectivity in a neighborhood and

improves the directness of routes for vehicles, bicycles, pedestrians, and transit on an open street and multi-modal network providing multiple routes to and from destinations.

5. To achieve flexibility and incentives for residential, non-residential and mixed-use developments which will create a wider range of housing types as well as amenities to meet the ever changing needs of the community.

6. To encourage renewal of older areas in the metropolitan region where new development and restoration are needed to revitalize areas.

7. To permit special consideration of property with outstanding features, including but not limited to historical significance, unusual topography, environmentally sensitive areas and landscape amenities.

8. To provide for a comprehensive review and processing of development proposals for developers and the Metropolitan Development Commission by providing for concurrent review of land use, subdivision, public improvements and siting considerations.

9. To accommodate new site treatments not contemplated in other kinds of districts.

“Development plans should incorporate and promote environmental and aesthetic considerations, working within the constraints and advantages presented by existing site conditions, including vegetation, topography, drainage and wildlife.”

The Comprehensive Plan recommends residential development at 1.75 to 3.5 units per acre. As proposed, this development would be a lower density than the Plan recommendation. Staff, however, is concerned that the proposed development would not be consistent with the purpose or the intent of the D-P District, the stream protection corridor would be compromised and a number of the Subdivision Regulations would not be met.

D-P Statement ◊ The D-P Statement, file-dated March 10, 2020, proposes one boulevard entrance along South

Arlington Avenue. All lots would gain access from two cul-de-sacs. One approximately 214-foot long cul-de-sac just east of the access drive would serve eight lots to the north and an approximately 1,287-foot long cul-de-sac would serve the remaining 23 lots with one centrally located eyebrow on this cul-de-sac.

◊ Staff would note that the Subdivision Regulations would require a street connection to an

abutting property for any subdivision with more than thirty lots. No such connection has been provided, but given the lack of stub streets surrounding residential developments to the north, east and south, such connection would not be possible.

◊ Sidewalks would be provided throughout the development, but all sidewalks should be within

the common area or pubic street right-of-way. Additionally, the side walk becomes disconnected at the eyebrow, rather than following the eyebrow radius.

(Continued)

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STAFF REPORT 2020-CZN-806 / 2020-CPL-806 (Continued) ◊ A 20-foot wide landscaping easement is proposed along South Arlington Avenue along Lots

one through four, but staff believes this area should be common area, thereby eliminating a lot with three frontages and two through lots, which would not be consistent with the Subdivision Regulations.

◊ A common area that generally runs parallel along Pleasant Run Creek has a variable width

from 50 feet to 75 feet. It appears that the purpose of the common area would be a substitute for the required Stream Protection Corridor, but staff believes this corridor width should be a consistent 100-foot width in accordance with the Ordinance.

◊ The Subdivision Regulations provide for utility easements, drainage easements, pedestrian

easements (open to the public) and maintenance easements. The Development Statement provides for landscape easement along South Arlington Avenue but doesn’t provide any specifics about how it would be landscaped. The Creek Protection or common area also does not include any specific requirement or permit Administrator’s review.

◊ The D-P Statement also provides development standards related to lot size, lot width /

frontage, setbacks, building heights, exterior building materials and floor square footages. Stream Protection Corridor ◊ A stream protection corridor consists of a strip of land, extending along both sides of all

streams, with measurements taken from the top of the bank on either side. The width of the corridor is based upon whether the stream is designated as a Category One or Category Two. Category One streams have a corridor width of 60 feet in the compact context area and 100 feet in the metro context area. Category Two streams have a corridor width of 25 feet in the compact context area and 50 feet in the metro context area.

◊ The vegetative target for the Stream Protection Corridor is a variety of mature, native riparian

tree and shrub species that can provide shade, leaf litter, woody debris, and erosion protection to the stream, along with appropriate plantings necessary for effective stream bank stabilization.

The Ordinance defines the Stream Protection Corridor as:

“A vegetated area, including trees, shrubs, and herbaceous vegetation, that exists or is established to protect a stream system, lake, or reservoir, and where alteration is strictly limited. Functionally, stream protection corridors provide erosion control, improve water quality (lower sedimentation and contaminant removal) offer flood water storage, provide habitat, and improve aesthetic value.”

◊ When wetland areas extend from within a Stream Protection Corridor’s required boundary to a

point outside of that boundary, the corridor width shall be adjusted to include the extent of the wetland. A wetland has been delineated and identified on the site plan as common area.

(Continued)

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STAFF REPORT 2020-CZN-806 / 2020-CPL-806 (Continued)

Stream is defined as “a surface watercourse with a well-defined bed and bank, either natural or artificial that confines and conducts continuous or periodic flowing water.”

Stream Bank is defined as “the sloping land that contains the stream channel and the normal flows of the stream.”

Stream Channel is defined as “part of a watercourse that contains an intermittent or perennial base flow of groundwater origin.”

◊ Pleasant Run Creek is listed as a Category Two Stream, which is defined as an “An

intermittent stream that flows in a well-defined channel during wet seasons of the year but not necessarily for the entire year. These streams generally exhibit signs of water velocity sufficient to move soil, material, litter, and fine debris. Aquatic organisms, such as fish, are often difficult to find or not present at all in these streams. These streams are identified on the United States Geological Survey (USGS) topographic maps and on the Department of Natural Resources Conservation Service (NRCS) soils maps.”

As a Category Two Stream within the Compact Context Area, Pleasant Run is required to have a 50-foot stream protection corridor on both sides of the stream, as measured parallel from the top of the bank. Top of the bank is not defined by the Ordinance, other than by Diagram UU, Stream Protection Corridor Cross-section, as shown below.

(Continued)

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STAFF REPORT 2020-CZN-806 / 2020-CPL-806 (Continued) ◊ Pleasant Run Creek bisects the site and is designated as a Category Two stream requiring a

50-foot wide stream protection corridor. Staff would note that the site plan, file-dated March 10, 2020, provides for a stream crossing on the cul-de-sac, a stream crossing for access drives for Lots Four and Five and a stream crossing for the pedestrian path.

◊ It appears that the 50- to 75-foot buffer follows the center of the stream without consideration

of the Ordinance provision that requires measurements from the top of the bank. Staff believes that a 25- 37.5 foot buffer from the center of the stream would not adequately provide for protection of the stream corridor intended and contemplated by the Ordinance.

Wetland Delineation ◊ A wetland delineation report, dated October 2019, was prepared for an approximately 1.82-

acre wetland centrally located on the site and adjacent to Pleasant Run Creek. The proposed amended site plan indicates there would not be any development within this wetland and it would remain undisturbed as common area.

◊ As noted above the Stream Protection Corridor should extend 50 feet beyond the boundary of

the delineation, which has not been considered or provided for on the site plan. Department of Public Works ◊ The Department of Public Works, Traffic Engineering Section, has requested the dedication

and conveyance of a 53-foot half right-of-way along South Arlington Avenue. ◊ If approved, staff would recommend approval be subject to the following commitment being

reduced to writing on the Commission's Exhibit "B" forms at least three days prior to the MDC hearing:

A 53-foot half right-of-way shall be dedicated along the frontage of South Arlington Avenue, as per the request of the Department of Public Works (DPW), Engineering Division. Additional easements shall not be granted to third parties within the area to be dedicated as public right-of-way prior to the acceptance of all grants of right-of-way by the DPW. The right-of-way shall be granted within 60 days of approval and prior to the issuance of an Improvement Location Permit (ILP).

Tree Preservation ◊ There are significant amounts of natural vegetation and trees located along Pleasant Run

Creek and the eastern half of the site. Due to their inherent ecological, aesthetic, and buffering qualities, the maximum number of these existing trees should be preserved on the site.

(Continued)

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STAFF REPORT 2020-CZN-806 / 2020-CPL-806 (Continued) ◊ A tree inventory and preservation plan prepared by a certified arborist shall be submitted for

Administrator's Approval prior to preliminary plat approval and prior to any site preparation activity. This plan shall, at a minimum: a) delineate the location of the existing trees, b) characterize the size and species of such trees, c) indicate proposed development, and d) identify the method of preservation (e.g. provision of snow fencing or staked straw bales at the individual tree's dripline during construction activity). All trees proposed for removal shall be indicated as such. All development shall be located in a manner which causes the least amount of disruption to the trees.

This development would also be subject to the Heritage Tree Conservation provision of the Ordinance. The Ordinance provides for replacement of heritage trees if a heritage tree is removed or dies within three years of the Improvement Location issuance date. See Exhibit B, Table 744-503-3: Replacement Trees.

The Ordinance defines “heritage tree” as a tree over 18 inches Diameter at Breast Height (DBH) and one of the Heritage tree species. Heritage tree species include: Sugar Maple (Acer saccharum), Shagbark Hickory (Carya ovata), Hackberry (Celtis occidentalis), Yellowwood (Cladrastus kentukea), American Beech (Fagus grandifolia), Kentucky Coffeetree (Gymnocladus diocia), Walnut or Butternut (Juglans), Tulip Poplar (Liriodendron tulipifera), Sweet Gum (Liquidambar styraciflua), Black Gum (Nyssa sylvatica), American Sycamore (Platanus occidentalis), Eastern Cottonwood (Populus deltoides), American Elm (Ulmus americana), Red Elm (Ulmus rubra) and any oak species (Quercus, all spp.)

◊ If approved, the approval should be subject to the following commitment being reduced to

writing on the Commission's Exhibit "B" forms at least three days prior to the MDC hearing:

A tree assessment and preservation plan by a certified arborist shall be submitted for Administrator’s Approval prior to any site preparation or disturbance of the site. Such assessment shall determine the species of trees, their condition and a risk assessment of all trees over 18 inches in diameter that would be impacted by development. In accordance with the Ordinance, if any of the trees are heritage trees that would be impacted, they would be preserved or removed and replaced. This plan shall also, at a minimum: a) delineate the location of the existing trees, b) characterize the size and species of such trees, c) indicate proposed development, and d) identify the method of preservation (e.g. provision of snow fencing or staked straw bales at the individual tree's dripline during construction activity). All trees proposed for removal shall be indicated as such. All development shall be located in a manner which causes the least amount of disruption to the trees.

(Continued)

155

STAFF REPORT 2020-CZN-806 / 2020-CPL-806 (Continued) PLAT PETITION ◊ This petition would provide for the approval of a Subdivision Plat to be known as Stonecreek

Staff recognizes the limitations of the site given the bisection of the site by Pleasant Run Creek, but fewer lots would minimize the impact on Pleasant Run Creek and the existing woodlands and be more consistent with the purpose and the intent of the D-P District.

Moreover, the proposed project would not be consistent with the Subdivision Regulations, primarily because of the intrusion and encroachment into the Stream Protection Corridor, the encroachment into the wetland, lack of two entrances required in a subdivision over 30 lots, a lot with three frontages, two through lots, the cul-de-sac exceeding the 550-foot limit, disconnected sidewalks.

Furthermore, waivers for lots with three frontages, through lots, missing sidewalks, cul-de-sac length, and lack of a 15-foot wide common area between Lots 15 and 16 would be required.

Because of these issues, the plan does not comply with the Subdivision Control Ordinance and should be denied. Because the only waiver requested and advertised is the lack of entrances, no other waiver could be approved, without continuing this petition and re-advertising.

Development Issues ◊ If these companion petitions would be approved as filed, staff requests that the rezoning and

plat petitions be subject to the preliminary plat, file-dated February 18, 2020, the development statement file-dated March 10, 2020, and 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.

(Continued)

156


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

10. That all the standards related to secondary plat approval listed in Sections 741-207 and 741-208 of the Consolidated Zoning and Subdivision Regulations be met prior to recording the final plat.

11. That the requested waiver for the less than two entrances be denied. GENERAL INFORMATION EXISTING ZONING AND LAND USE

D-A Undeveloped


North - D-4 Single-family dwellings South - D-P Single-family dwellings East - D-3 Single-family dwellings West - D-3 Single-family dwellings

COMPREHENSIVE PLAN The I-65 / County Line Road Strategic Plan (2008), identifies this site as Critical Area F, with three land use recommendations: park for the northeast corner, indexed to residential development at zero to 3.5 units per acre; residential development at eight to 15 units per acre for the northwest corner; and residential development at 1.75 to 3.5 units per acre for remainder of the site.

THOROUGHFARE PLAN This portion of South Arlington Avenue is designated in the Marion County Thoroughfare Plan as a primary collector, with an existing 100-foot right-of-way and a proposed 106-foot right-of-way.

CONTEXT AREA This site is located within the metro context area.

FLOODWAY / FLOODWAY FRINGE

This site is located within the unregulated 500-year floodplain of Pleasant Run Creek.

(Continued)

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PRELIMINARY SITE PLAN

PRELIMINARY SITE PLAN (AMENDED)

PRELIMINARY SITE PLAN (AMENDED)

File-dated October 29, 2019



DEVELOPMENT STATEMENT

DEVELOPMENT STATEMENT (AMENDED)

DEVELOPMENT STATEMENT (AMENDED)

File-dated October 29, 2019



ZONING HISTORY 91-V2-62; 8451 South Arlington Avenue, requested placement of a mobile home for a temporary period of two years, withdrawn. VICINITY 2019-ZON-069; 8516, 8600, 8814 and 8816 South Arlington Avenue and 5624 and 5740 East County Line Road (south of site), requested rezoning of 136.78 acres from the D-A and C-4 districts to the C-S district to provide for approximately 384 multi-family residential units on approximately 19.5 acres within the northern half of the southeast quadrant of this site and I-1 and C-4 uses on approximately 78.5 acres within the western half of the site and the southern half of the southeast quadrant of the site and C-1 uses within approximately 40 acres within the northeast quadrant of this site, pending. 2016-ZON-071; 8051 South Arlington Avenue (north of site), requested rezoning of 57.73 acres from the D-A district to the D-4 classification, approved. 2014-ZON-033; 8030 South Arlington Avenue (north of site), requested rezoning of 0.2 acre, from the D-6 District to the C-3 classification to provide for commercial uses, approved. 2009-ZON-030; 8814 and 8816 South Arlington Avenue (south of site), requested rezoning of 32 acres, being in the D-A District, to the C-4 classification to provide for community-regional commercial uses, approved. 2006-APP 864 / 2006-ZON-864; 7910 South Arlington Avenue (north of site), requested rezoning of 8.88 acres, from the C-e and D-6 Districts to the C-3 classification to provide for neighborhood commercial uses and approval to modify the legal description and a commitment providing for one internal street connection between the development and the property to the west, approved.

(Continued)

158

STAFF REPORT 2020-CZN-806 / 2020-CPL-806 (Continued) 2005-ZON-817 / 2005-DP-009 / 2005-PLT-817; 8511 and 8516 South Arlington Avenue (south of site), requested rezoning of 40 acres, being in the D-A District, to the D-P classification to provide for a single-family subdivision for adults only and a church; and approval of a 23.63-acre plat to be known as Abbey Road, approved. 2003-ZON-029; 7702 and 7740 South Arlington Avenue (north of site), requested a rezoning of 42 acres, being in the I-2-S District, to the SU-7 classification to provide for a youth soccer facility, approved. 94-SE1-8 / 94-V1-89; 8516 South Arlington Avenue (south of site), requested a special exception of the Dwelling Districts Zoning Ordinance to provide for a church use and a variance of development standards of the Sign Regulations to permit a 40-square foot ground sign for an existing church use, granted. 92-Z-141; 8070 South Arlington Avenue (north of site), requested rezoning of 59.92 acres, being in the D-A District, to the D-3 classification to provide for residential development, approved. 92-Z-140; 8010 South Arlington Avenue (north of site), requested rezoning of three acres, being in the D-A District, to the C-3 classification to provide for commercial development, approved. 98-Z-46; 7602 South Arlington Avenue (north of site), requested a rezoning of 60.00 acres, being in the D-A District, to the D-3 classification to provide for single-family residential development, withdrawn. 95-Z-213; 7702 South Arlington Avenue (north of site), requested a rezoning of 131.92 acres, being in the D-A District, to the I-2-S classification to provide for industrial development, approved. kb *******

159

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D-P STATEMENT

161

162

163

164

165

166

167

168

169

170

171

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.

Not 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)

Not Satisfied

172

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

173

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.

• Layout of lots with numbering and dimensions.

• Floodway/Floodplain Delineation.

• Topographic Map.

Satisfied

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.

Not 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

174

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.

Not Satisfied

175

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.

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

176

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.

Not Satisfied

177

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.

Not 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

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.

Satisfied

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

178

179

EXHIBIT A Critical Area F Location: Southeast corner of Stop 11 Road and Arlington Avenue Current situation: Eighty acres of undeveloped property with an eleven-acre woodland in the northeast corner, an eight-acre open wooded area in the southeast corner and several rows of wooded fence lines. Pleasant Run Creek meanders across the south portion of the area. The northeastern woodland has been identified as a high-quality woodland, meaning that it is one of the oldest, continuous woodlands in the county. The older a woodland, the more bio-diverse it is likely to be. Recommended land use: Three different land uses are recommended for this site. Northeast corner. Fifteen acres are recommended as a public park. This includes the 11 acre-woodland and four acres of open ground between the woodland and the stub of Winslow Drive. The open ground provides a location for park amenities without disturbing the woods. If this site cannot be developed as a public park, the secondary choice is development as a private park. The third choice is residential development at less than 1.75 units per acre. The purpose of this lower density is to maximize the preservation of the woodland. Northwest corner. Roughly 13 acres are recommended for residential development between eight and fifteen units per acre. This recommendation mirrors the condominium development across Arlington Avenue to the west minus the commercial node at the corner. Commercial development is not recommended for this site. Remainder of the site. The remaining 52 acres are recommended for residential development between 1.75 and 3.5 units per acre. The subdivisions to the east, south and west of the site are all within this same density range. Development should respect the open woodland in the southeast corner of the site and provide a buffer along Pleasant Run Creek. The street network should connect to Winslow Drive.

180

EXHIBIT B Heritage Tree Conservation Removal of any Heritage Tree is prohibited unless any of the following determinations are made before removal: 1. The Administrator or the city’s Urban Forester determines that the tree is dead, significantly

and terminally diseased, a threat to public health or safety, or is of an undesirable or nuisance species.

2. The Director of the Department of Public Works determines that the tree interferes with the provision of public services or is a hazard to traffic.

3. The Administrator determines that the location of the tree is preventing development or redevelopment that cannot be physically designed to protect the tree.

4. The site from which the tree is removed is zoned D-A and the tree is harvested as timber or similar forestry product.

Table 744-503-3: Replacement Trees

Size of tree removed or dead

(inches)


replace a Heritage Tree


replace an existing tree

Over 36 DBH 15 10

25.5 to 36 DBH 11 8

13 to 25 DBH 8 6

10.5 to 12.5 DBH 6 4

8.5 to 10 DBH 5 4

6.5 to 8 3 2

4 to 6 2 2

2.5 to 3.5 1 1

181

View of site looking east across South Arlington Avenue


182



183

PART VII

REZONING PETITIONS RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, NO APPEAL FILED:

2019-ZON-097 400 AND 500 SOUTH MITTHOEFER ROAD (APPROXIMATE

ADDRESSES) WARREN TOWNSHIP, COUNCIL DISTRICT #19 PHYLLIS KOCH, SHERRI KOCH AND JEFFREY KOCH, by Paul Munoz Rezoning of 80 acres from the D-A (FW) (FF) district to the D-4 (FW) (FF) district.

2020-ZON-007 7337 WEST WASHINGTON STREET AND 1910 SOUTH GIRLS SCHOOL

ROAD (APPROXIMATE ADDRESSES) WAYNE TOWNSHIP, COUNCIL DISTRICT #22 DAWN M. BENNETT, by Robert W. Coombes II Rezoning of 2.975 acres from the SU-46 district to the I-3 district to provide for the relocation of aerospace-related businesses.

184

PART VIII

COMPANION PETITIONS RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, NO APPEAL FILED: 2019-CZN-839 960, 1002, 1006, AND 1014 BATES STREET AND 1001 EAST GEORGIA

STREET (APPROXIMATE ADDRESSES) CENTER TOWNSHIP, COUNCIL DISTRICT #16 GTR FINANCIAL LLC; LIBERTY REAL ESTATE OF INDIANA INC; AND JAMES YANAN by David Kingen and Justin Kingen Rezoning of 0.73 acre from the I-4 district to the D-8 district.

2019-CZN-856 7922 EAST EDGEWOOD AVENUE; 5747, 5753, 5759 AND 5803 LYSTER LANE (APPROXIMATE ADDRESSES) FRANKLIN TOWNSHIP, COUNCIL DISTRICT #25 THESSALONICA INC., by David A. Retherford Rezoning of 6.301 acres from the D-A district to the D-5II district.

185

PART IX APPROVAL PETITION RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, NO APPEAL FILED: 2020-APP-001 6965 WEST 38TH STREET (APPROXIMATE ADDRESS)

WAYNE TOWNSHIP, COUNCIL DISTRICT #10 PK-2 GALLOWAY AND COMPANY INC., by Amber Ramos Park District Two Approval to provide for the demolition of a portion of a building, provide additional parking and other site modifications for the development of a fitness center.

186

PART X APPROVAL PETITION RECOMMENDED FOR APPROVAL BY THE SPEEDWAY HEARING EXAMINER, NO APPEAL FILED: 2020-APP-002 1630 AND 1652 GEORGETOWN ROAD (APPROXIMATE ADDRESSES)

WAYNE TOWNSHIP, COUNCIL DISTRICT #6 SZ-1 GEORGETOWN REALTY LLC AND SPEEDWAY REDEVELOPMENT COMMISSION, by Michael Watts Speedway Main Street District Approval to provide for a paved, striped parking lot for the Indianapolis Motor Speedway and not the general public.

187

PART XI MODIFICATION PETITION RECOMMENDED FOR APPROVAL BY THE HEARING EXAMINER, NO APPEAL FILED: 2020-MOD-003 1521 BROOKVILLE CROSSING WAY (APPROXIMATE ADDRESS)

WARREN TOWNSHIP, COUNCIL DISTRICT #18 I-2 PLUMBERS, STEAMFITTERS & HVAC SERVICE TECHNICIANS LOCAL UNION NO. 440, by J. Zach Bode Modification of Commitments of 2002-ZON-037 to modify Commitment Four to retain the existing mature tree line and install the required six-foot tall fence, but not install the required six to eight-foot tall mound with two rows of staggered, six-foot tall evergreen trees at 20 feet on-center (100-foot buffer required along east 939.92 feet of the south property line).

188

PART XII

MODIFICATION PETITION RECOMMENDED FOR DENIAL BY THE HEARING EXAMINER, NO APPEAL FILED: 2019-MOD-015 1509 SOUTH HIGH SCHOOL ROAD (APPROXIMATE ADDRESS)

WAYNE TOWNSHIP, COUNCIL DISTRICT #22 C-5 BC TRUCKING LLC, by Tarek L. Mercho Modification of the Commitments to modify Commitment Two of 91-Z-68 to permit outdoor automobile sales and display (outdoor display and sales for leasing permitted with sales incidental to the leasing use).