HomeMy WebLinkAboutProposed Findings of Fact
CARMEL PLAN COMMISSION
PETITION FOR VACATION OF PLATTED LOTS
FINDINGS OF FACT
1. THE CONDITIONS IN THE PLATTED AREA HAVE CHANGED SO AS TO DEFEAT THE ORIGINAL
PURPOSE OF THE PLAT because The original purpose of the plat (filed in 1960) was to create a residential neighborhood
adjacent to U.S. 31. As aerial records from 1956 and 1974 show, the platted area was located in a residential and agricultural
area of the City of Carmel near the time of the filing. Since then, the corridor along U.S. 31 has been developed into a major
non-residential “employment corridor” and “economic engine,” as recognized by the City’s Comprehensive Plan. Consistent
with this development, the Carmel City Council approved an application to rezone all lots located within the plat to allow
commercial uses thereon. The conditions of the areas of the plat subject to this petition (every lot but Lot 30) thus support
commercial and economic development rather than residential development.
2. IT IS IN THE PUBLIC INTEREST TO VACATE ALL OR PART OF THE PLAT because vacating the plat as to
Lots 2–16, 29, and 33–46, as well as the rights-of-way and easements thereon (aside from that retained drainage and utility
easement identified in the petition at issue, as well as the curb cut on 111th Street at Tottenham Drive), will allow Lots 2–
16, 29, and 33–46 to be developed consistent with and complimentary to the orthopedic hospital and medical office building
under construction as of the date hereof on the parcel immediately south of the subject lots. Such development will lead to
increased tax revenues for the City of Carmel, create more jobs in the community, increase access to specialized health care
services, and further the goals of the Comprehensive Plan for the U.S. 31 corridor by “maximizing” the “development
potential” of Lots 2–16, 29, and 33–46.
Petitioner has already taken substantial steps toward this development, making a significant investment to purchase
30 of the 31 platted lots (every lot but Lot 30). Petitioner also successfully applied to rezone every platted lot to the “Meridian
Corridor” zoning district and later vacated the recorded covenants included within the plat as to all of the lots. Lastly,
Petitioner has requested the curb cut on 111th Street at Tottenham Drive be left in place, reducing the need to seek such
development approval in the future. The public interest in the development of the lots subject to this partial vacation request
is thus not speculative, as Petitioner is well into the process of developing said area.
3. THE VALUE OF THAT PART OF THE LAND IN THE PLAT NOT OWNED BY THE PETITIONER WILL
NOT BE DIMINISHED BY THE VACATION because in a report dated July 17, 2020 from Carl H. Heckman, MAI, SRA,
and Michael C. Lady, MAI, SRA, ASA, CCIM, FRICS of Integra Realty Resources Indianapolis (collectively, the
“Appraisers”), the Appraisers, considering all relevant factors, concluded the value of the Lot 30—the only lot within the
subdivision not subject to this petition—would not be diminished by the partial plat vacation at issue. The petition notably
does not seek to vacate the drainage and utility easements adjacent to Lot 30, which continue to serve Lot 30 following
approval of this petition.
DECISION
IT IS THEREFORE the decision of this body that this VACATION petition be granted, subject to any condition stated in
the minutes (which conditions are incorporated herein by reference and made a part of this decision).
Adopted this ____ day of __________________, 2020