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Home My WebLink AboutRES 06-07-22 „,,,FcAii4,„\ ,,v„,.,,,s,„,. .,,,, = City of I \ 4NDIAI Carmel Plan Commission RESIDENTIAL COMMITTEE Tuesday, June 7, 2022 Meeting Minutes LOCATION: Caucus Rooms,City Hall Members Present: Christine Zoccola,Carrie Holle,Josh Kirsh,Sue Westermeier(Chair) Staff Present: Alexia Lopez-Planning Administrator;Joe Shestak-Administrative Assistant Sergey Grechukhin-Legal Counsel to Plan Commission Meeting Time: 6:00 p.m. 1. Docket No.PZ-2022-00025 PPA: Five-Ten Subdivision Amendment 2. Docket No.PZ-2022-00053 SW: Street Frontage Waiver-UDO Sec.7.17.A: Lots shall have direct access to a public street,Access from an alley and via an access easement requested The applicant seeks primary plat amendment approval to reconfigure 2 lots and 2 blocks into 3 lots on 1.95 acres. The applicant also seeks a design standards waiver to allow the 2 new lots to front on the Monon instead of a street and have access via an alley and an access easement. The site is located at 510 1”Avenue NW and is zoned R-2/Residence within the Old Town Overlay and Monon Overlay Zones. Filed by Tom La77ara of Custom Living USA. Petitioner: Tom Lazzara: • The previous property owners,Ruth and Russ Schwartz,provided us an affidavit to state their intent was to have this land developed eventually,The Schwartz have voiced their support of this development and subdivision amendment • Presented aerial view of subject lots • When I purchased this land,I wanted to fix the landlocked block that would merge with the existing street frontage parcel, and renamed the parcel numbers • You are not allowed to build on a landlocked parcel • Our final split created 2 parcels and 2 blocks • The neighborhood was nervous this would redevelop into apartments or a larger unit • The previous owners who sold the properties to me did not know they were preventing any redevelopment • Presented the redevelopment changes in this block from the last 20 years • The CFD advised us to add a fire hydrant which we agreed to,and they were able to do the proper turns for their ladder firetruck • We have heard back from CPD,and they have no concerns for this redevelopment • Presented an aerial map of the 20 plus homes in this area that have 10-ft alley access to their homes • Presented the primary plat of the proposed lots, the homes have not been sold and we currently do not have the site plans of the future homes on these lots.Our lots will be wider and deeper than a typical downtown lot. • The 25-ft tree preservation area(TPA)along the Monon will remain preserved during our redevelopment • We are waiting on the drainage calculations to give to the Cannel Engineer Department IDepartment Report:Alexia Lopez • Engineering Dept.are waiting on the drainage calculations,and will not approve if it doesn't meet its standards • The two lots adjacent to the Monon,will meet the zoning requirements of the Old Town Overlay • The 2 new single-family homes will be in character with the surrounding homes 1 Residential Committee Minutes 6-7-22 • 25-ft TPA will be done along the property lines that abut the Monon Trail • The CFD reviewed this proposal,and they have no issues • The waiver request will not have a detrimental effect on public health,safety, or welfare; property values; or the community at large • Presented map of the first draft of the Monon Overlay district boundary which outlined every parcel along the Monon. I believe this was the map that the Plan Commission had requested at the full PC meeting. Now the boundary is measured 80-ft from centerline of the Monon • Staff recommends favorable recommendation to the full Plan Commission contingent upon Engineering approval of the drainage Committee Comments: Christine: I have sympathy for all stakeholders involved. The affidavit submitted by the sellers of the land indicates that sellers did not intend to have a restriction to run with the land. The surrounding property owners have an expectation that this would remain greenspace and the current owner bought this property with a clear deed,no restriction was placed on the deed. Sergey Grechukhin: Correct.The restrictive note on the plat clearly states that it is not to be developed because it doesn't have access to a street or not have a street frontage. This is not a true restrictive covenant because they have a grantor and grantee. Here the grantor and grantee are the same entity. That's why it's a called a restrictive note. It states, "no improvements shall be made to the real estate except in conformity with all applicable governmental ordinances and regulations." The Petitioner has chosen to seek approval of a waiver from the Plan Commission in order to be in conformity.Also,the previous drain easement prevented any development on any of the lots,but that has been removed. Carrie: Is there any extra space to widen the alley?Have you ever tried to drive down a 10-ft alley when another car is coming?It's just too narrow.Josh: Every example of a 10-ft alley access in downtown Cannel has two points of access. I'm still stuck on this one way in and one way out. Can we have them create another access point?Sue: I drove this alley, and it's tight. I'm very concerned with only one access point. We need a better solution. Carrie: We need to prepare for the worst-case scenario. What if the homeowner has 4 kids? Mike Hollibaugh: I think we are over thinking it. We have 10-ft alleys all over downtown. We have final signoffs from CPD and CFD. Carrie:All of these 10-ft alleys have a 2"d access point. Mike Hollibaugh: People encounter these all the time.They will have to backup. Trash can pick up can be placed at 1'Ave NW.Tom Lazzara:Presented site plan, there's a turnaround point at the existing home's driveway,but a person would have to wait during the first 100-ft stretch of alley off of 1'Ave NW. Sue: When you purchased this property,did you know that you weren't able to build on these landlocked parcels?Tom: Absolutely not. It was not listed on deed. We had no idea.David Barker,attorney representing Tom Lazzara: Language that this is not buildable never came up during the closing of this property. The biggest change for this property was that the drainage easement got abandoned by the Hamilton County Drainage Board and then this property became buildable. Christine: Is there any other option for making another access?Josh: I would make a motion contingent upon having the Cannel Engineering Department to look into a second access point for these proposed lots. Sue: I'm worried about light pollution from cars pulling in and out of this site. These are concerns that were addressed by neighbors.Josh: Is it possible in adding some landscaping buffer and berm along the access drive to help block some car lights?Can the Petitioner commit to this?Tom Lazzara: The access alley runs straight to the Monon, so the direct line of sight,car lights will not shine in the existing homes. I will have discussions with the neighbors and Urban Forester about additional landscaping buffer along east edge of lots 1 and 2.I don't want to interfere with any of the drainage. With having the second access,I worried about people parking there to access the Monon. Sergey Grechukhin: Owners can place signage for no parking on private drives. A Motion made by Kirsh and seconded by Holle to forward Docket Nos.PZ-2022-00025 PPA and PZ-2022-00053 SW to June 21 Plan Commission meeting with a positive recommendation contingent upon final Engineering drainage approval,Urban Forester approval for landscape plan,figuring out the location for trash service pickup, and working with Carmel Engineering Dept.on a possible second access point. Approved 4-0. ting dj u ed M 6:59 p.m. audtblz,,, Shestak—Recording Secretary Sue Westermeier-Residential Committee Chair 2 Residential Committee Minutes 6-7-22