HomeMy WebLinkAboutFindings of Fact FINDINGS OF FACT FORM
FOR PRIMARY PLAT CONSIDERATION
Carmel Plan Commission
Carmel, Indiana
DOCKET NO. 18110010 PP SUBDIVISION NAME: Hampstead Garden
PETITIONER: Platinum Properties Management Company, LLC, and its successors and assigns
Based upon all the evidence presented by the petitioner and upon the representations and certifications of
the staff of the Department of Community Services,I determine that the plat complies with standards of the
Carmel Unified Development Ordinance.
hereby approve of the primary plat as submitted with the following specific conditions as agreed to by the
petitioner. „...--,
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Condition 2.
Condition 3.
I hereby disapprove of the primary plat as submitted for the following reasons:
1.
2.
3.
DATED THIS 19th DAY OF Februa 2019
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Cbmmission ember
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FINDINGS OF FACT FORM
FOR DESIGN STANDARDS WAIVER
CARMEL PLAN COMMISSION
Carmel,Indiana
Docket No: 18110012 SW
Petitioner: Platinum Properties Management Company,LLC,and its successors and assigns
Unified Development Ordinance Section Varied from: UDO 7.25.E.3 Connectivity
Brief Description of Waiver:Approval to Not Provide a Stub Street Connection
In deciding whether or not the applicant has presented sufficient proof to permit the granting of a waiver,the Plan Commission
should consider the following:
The granting of the Design Standard Waiver will not be detrimental to public safety, health,or welfare,or
otherwise be injurious to other property.
- The conditions upon which the request for a Design Standard Waiver is based are unique to the property
for which the Design Standard Waiver is sought and are not applicable generally to other property.
Because of unique circumstances,a particular hardship or practical difficulty would result if the strict
letter of these regulations is carried out. Financial hardship, inconvenience or difficulty shall not
constitute grounds for a Design Standard Waiver.
The Design Standard Waiver shall not in any manner subvert the provisions of Article 5: Development
Standards,the Carmel Clay Comprehensive Plan,particularly the Bike and Pedestrian Plan..
Based on all the evidence presented by the petitioner,I approve of the requested design standards waiver.
I hereby disapprove of the design standards waiver request for the following reasons:
1.
2.
3.
Dated this 196 day of February,2019.
Commission ember
FINDINGS OF FACT FORM
FOR DESIGN STANDARDS WAIVER
CARMEL PLAN COMMISSION
Carmel, Indiana
Docket No: 18110012 SW
Petitioner: Platinum Properties Management Company, LLC, and its successors and assigns
Unified Development Ordinance Section Varied from: UDO 7.25.E.3 Connectivity
Brief Description of Waiver: Approval to Not Provide a Stub Street Connection
In deciding whether or not the applicant has presented sufficient proof to permit the granting of a waiver, the Plan
Commission should consider the following:
1. The granting of the Design Standard Waiver will not be detrimental to public safety, health, or welfare, or
otherwise be injurious to other property because:
The granting of the requested Design Standard Waiver will not be detrimental to public safety, health or
welfare, or otherwise be injurious to other property because the requested waiver pertains to the
development of the low intensity 12 lot residential subdivision that will be harmonious and consistent with
the uses and developments in the area adjacent to and surrounding the subject property. Safe and adequate
access to the subdivision is provided from Hoover Road which is a Collector Street per the Thoroughfare
Plan assuring there will be no detrimental impacts to the public safety, health or welfare as the function of
Collector Streets is to connect local Residential Streets. Further, no injurious effects to other property will
occur because approval of the requested Design Standard Waiver will allow the preservation of more trees
on the Real Estate so as to not detrimentally impact the environmental conditions of the site which should
have a positive impact on surrounding property values as it is preserving the wooded character of the area
and protecting significant natural features. Additionally, a second point of access to Hoover Road from the
subdivision to the south, if developed, would provide connectivity onto this "Collector Street" providing
connectivity between (i) the subject real estate and (ii) the parcel to the south, (iii) Cox Hall Gardens and
(iv) many other surrounding local subdivision streets which is the primary function of Collector Streets.
Collector streets by design connect local streets to Arterials such as Towne Road and 116th Street which
makes physical, economic and environmental sense given the function of Hoover Road and other Collector
Streets. It is these Collector Streets which provide enhanced safety, convenience and a harmonious
connection between local residential streets in the vicinity.
2. The conditions upon which the request for a Design Standard Waiver is based are unique to the property for
which the Design Standard Waiver is sought and are not applicable generally to other property because:
Conditions which are specifically unique to the subject property and are not generally applicable to other
properties include: (i) the subject property's topography in relation to the adjacent southern property; (ii)
the loss of significant wooded areas if a stub street connection were required to the southern property; (iii)
the location of the flood zone and existing pipeline easement on the subject property in relation to the
southern property; and (iv) the fact that the proposed plat only includes 12 lots. Providing a stub street
connection to the southern property does not provide a significant benefit to either the residents of the
proposed subdivision on the subject property or to potential future residents of any development on the
southern property in comparison to how providing a stub street detrimentally affects the peculiar and
unique conditions of the subject property. Further, Hoover Road is classified as a Collector Street" on the
Thoroughfare Plan Map and the southern property, if it is developed as a residential subdivision in the
future, could be developed including a connection to Hoover Road providing a connection to (i) the subject
real estate, (ii) Cox Hall Gardens and (iii) many other surrounding local subdivision streets which is the
primary function of Hoover Road as a Collector Street.
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3. Because of unique circumstances, a particular hardship or practical difficulty would result if the strict letter
of these regulations is carried out. Financial hardship, inconvenience or difficulty shall not constitute
grounds for a Design Standard Waiver because:
In addition to the reasons set forth in Number 2 above, requiring a stub street connection to the southern
property will result in a particular hardship and practical difficulty because significant wooded areas would
have to be removed for purposes of providing a street connection that will not offer a significant benefit to
residents of the subdivision on the subject property nor to the potential residents of a subdivision that may
be developed in the future on the southern property. Further, approval of the requested Design Standard
Waiver will allow the preservation of more trees on the Real Estate so as to not detrimentally impact the
environmental conditions. A hardship and practical difficulty would result if the strict letter of the
regulations is carried out which would prohibit a subdivision layout which is sensitive to the neighboring
property owners by protecting significant natural features. Approval of the proposed waiver will result in a
positive impact on surrounding property values as it is preserving the wooded character of the area and
protecting significant natural features.
4. The Design Standard Waiver shall not in any manner subvert the provisions of Article 5: Development
Standards, the Carmel Clay Comprehensive Plan, particularly the Bike and Pedestrian Plan because:
Granting the Design Standard Waiver does not in any manner subvert the provisions of Article 5:
Development Standards of the Unified Development Ordinance and does not substantially interfere with the
Comprehensive Plan, particularly in regard to the Bike and Pedestrian Plan because the Real Estate will be
developed pursuant to its S-1 Residential District standards including but not limited to permitted uses and
development standards. Further, the Comprehensive Plan designates the Real Estate as "Estate Residential"
on the Land Classification Map and "Estate Residential" is characterized by single-family detached
residential homes, with less than 1 dwelling unit per acre established to provide housing opportunities for
people who desire large lots and enjoy secluded living. The proposed primary plat for the Real Estate is
consistent with the Comprehensive Plan for this area and the proposed primary plat, including the waiver,
promotes the protection of existing environmental features and does not obstruct any future connections
identified on the Thoroughfare Plan. Also, external pedestrian and bicycle connectivity is provided by the
construction of a multi-use path along Hoover Road adjacent to the subject property and internal
connectivity is provided by sidewalks along both sides of Home Court for the benefit of pedestrians and
bicyclists.
DECISION
IT IS THEREFORE the decision of the Plan Commission that the Subdivision Waiver Request, identified
by Docket Number 1811012 SW from UDO 7.25.E.3 Connectivity, to not provide a stub street connection is
granted, subject to any conditions stated in the minutes of this meeting, which are incorporated herein by reference
and made a part hereof.
opt:: this <<h k : Fe._, ar 2019.
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Presid.t, Camel Plan C. mission
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SETT TARY, Carmel Plan Commission