HomeMy WebLinkAboutMinutes SUB COM 05-11-93 SUBDIVISION COMMITTEE
May 11, 1993
The meeting was called to order by Hank Blackwell, chairman, at approximately 7:000 PM.
Present were: Jeff Kennelly; Norma Meighen; Barbara Myers; Salim Najjar; and Paul Spranger.
Also present was Dave Cunningham of Staff.
Item 1. Docket No. 32-93 PP, a primary plat application for Springmill Lakes Subdivision. The
primary plat consists of 44 lots on 25 acres of land located on the east side of Springmill Road
at 12121 North Springmill Road, Clay Township. The site is zoned S-2 residence district.
The petitioner is also requesting the following Subdivision Regulation variances:
6.3.3 - stub street to undeveloped property
6.3.7 - length of a cul-de-sac to exceed 600 feet
6.3.22 - decel lane and passing blister - (notice pending)
Filed by James J. Nelson.
The subject site is owned by Donald and Dennis Bottamiller and was displayed on an aerial
photograph before the committee. The real estate currently contains two large homes, both to
be retained on the site, however, one is to be relocated. There is an existing 4.85 acre lake on
the property which will be included as part of the development plan and used as storm water
retention. There are two existing wooded areas on the property; one on the south property line,
and one on the northwest corner. Under the Comprehensive Plan, this land use is recommended
for Moderate Intensity Residential.
The development plan presented is in compliance with the S-2 residence district classification,
and all homes will have a minimum of 2200 square feet.
The primary plat provides for two points of ingress and egress from Springmill Road, one near
the south property line and one near the north property line. The internal street system consists
of a roadway running north/south, parallel with Springmill Road, and two cul-de-sacs that border
the north/south boundary of the two lakes. The lake area will be common area, owned,
controlled, and maintained by the homeowners association.
Mr. Nelson presented a rendering of the entrance treatments in regard to landscaping.
The first variance requested is for the right to eliminate passing blisters at the two entrances;
reason being that the right of way is not available for installation of those passing blisters and
no governmental agency is willing to accommodate the condemnation of the land for that
purpose. A commitment has been provided to the Department of Community Development which
states that within five years from the date of approval of this development, if right of way is
made available, the petitioner will install passing blisters at petitioner's expense. Land is also
1
TLT
unavailable for installation of accel/decel tapers.
The cul-de-sacs are slightly over 600 feet in length and require a variance. The radius of the cul-
de-sacs are in compliance with the school's request.
When the land to the north and the east was developed, those streets were stubbed into the
Springmill Lakes property. Springmill Lakes' development plan does not provide for a street stub
to the south (land owned by Stanley Valinet). Under Section 6.3.3, "certain proposed streets,
where appropriate, shall be extended to the boundary line of the tract to be subdivided so as to
provide for normal circulation of traffic within the vicinity." "Consideration shall be given to
providing access to adjacent, undeveloped tracts of ground, including temporary vehicle turn-
arounds, where streets are extended to attract boundary lines." Mr. Nelson felt that this particular
provision of the ordinance contemplates some discretion on behalf of the Plan Commission in
deciding whether or not a street should be stubbed into vacant, undeveloped real estate, otherwise
the words "where appropriate" should not appear in the ordinance. In this particular case, to
extend a street stub to the south is inappropriate; because of the nature of the ownership of the
land to the south, it is uncertain when, how, and in what manner this real estate will develop.
Mr. Nelson felt certain that the B-6 land would remain zoned B-6 because it is adjacent to Road
31 and within the Meridian corridor. Mr. Nelson was concerned about stubbing a street to the
south when it is uncertain as to how it will develop, and felt that it was not in the best interest
of the future residents of the area to provide a cut-through. From an economical standpoint, if
a street were stubbed, it is most likely the petitioner would lose two lots, or at the minimum, one,
and because the two lots would be facing the street stub, there would be two front yards.
Carmel/Clay Communications requested that the name of the project be changed. The name
"Springlake Estates" is currently being checked for suitability.
In response to the drainage question raised at the public hearing, the drainage plan was again
reviewed. Steve Cash of the County Surveyor's office issued a letter dated May 4, 1993 which
states that Kent Ward has agreed that the entire storm drainage system shall become part of a
regulated drain and therefore, under the jurisdiction of the County.
There was a question posed as to the availability of the common area to residents. Amendments
have been written to the covenants which provide for accessibility to the lake by all residents of
the community by way of access easements between lots 27/28 and lots 11/12. Jim Nelson
agreed to insert into the covenants that the access easement to the common area would be in the
form of a path with mulch or bark. There is a lake maintenance access easement around the
perimeter of the entire lake, but the common area will be on the east end of the lake only.
The covenants also provide that fences will not be permitted in the common area adjacent and
parallel to Springmill Road. Fences on other rear lot lines would require approval of the
homeowners association as to harmony, compatibility, design and building material.
There was a question raised regarding the mounding; the maximum slope would be a 3 to 1
2
£LT
slope, maximum height would be three feet but undulating, so there would be a variation in
height. Linden trees had been selected as plant material, but an alternative species will be
selected, inasmuch as the growth of this particular tree would interfere with power lines.
Mike Terry of Earthscape Engineering explained the storm water retention, bypassing overland
flow and pipelining directly into Williams Creek. The existing level of the lake will be dropped
two feet to accommodate water collection during a rainstorm.
Marty Gregor, 12380 Creekwood Lane, Cannel, area neighbor, stated that he was not opposed
to the project development, but did want to express major concern regarding drainage. If a lot
of the natural absorption is removed by removing the soil, Mr. Gregor felt there would be
flooding and erosion in the area.
John South, Hamilton County Soil & Conservation, was in attendance. Mr. South stated that the
plans are good. Mr. South volunteered to meet with Marty Gregor, Mike Little and/or Mike
Terry at the site.
Ron Houck was in attendance as a concerned citizen and expressed concern regarding the request
for elimination of stub streets. It was Mr. Houck's feeling that every subdivision has a parcel of
ground next door that has some element of uncertainty. This particular subdivision is abutting
currently zoned land and other than financial, Ron Houck felt that there was no real reason to
eliminate the stub streets.
Jim Nelson responded that section 6.3.3 says stub streets should occur where appropriate and Mr.
Nelson felt "where appropriate" should be determined by the Plan Commission. Mr. Nelson cited
personal instances where inner-connecting, residential streets are being used as major traffic
routes rather than the major thoroughfares, and he questioned the need for stub streets for
purposes of connecting.
Mr. Blackwell responded that inner-connecting streets are appropriate to provide routes for
emergency vehicles; develop a sense of community; and provide safe, direct routes for school
buses. Mr. Blackwell did question the need for street stubs into cul-de-sacs.
Dave Cunningham reiterated staffs interpretation of the need for stub streets, regardless of the
words "where appropriate," or "when deemed necessary."
Judy Hagan, 10946 Spring Mill Lane, presented an aerial photograph of her neighborhood which
also showed the proposed site. Ms. Hagan's concern was the depth of the proposed lots,
perspective and design. Ms. Hagan also expressed concern regarding fencing.
Mr. Nelson responded that due to ordinances and because of swimming pools, some fences will
be constructed, even with the provision in the covenants that there will be no fencing within the
20 foot landscape easement. Mr. Nelson stated that the position of the roadway was determined
by the existing house, and the location of the roadway established the depth of lots adjacent to
Spring Mill.
3
ZLT
Mr. Gregor stated his opinion that variances should not be provided simply because of a lack of
ground for installation of passing blisters. Ordinances were established for the purpose of safety
and traffic flow and should definitely be considered. Mr. Gregor asked if the citizens had some
kind of guarantee that the passing blister would be installed within five years if the right of way
became available. Mr. Nelson responded that there is no guarantee; the commitment was made
by the developer out of the goodness of his heart and to show good faith support in regard to the
passing blisters.
Salim Najjar moved to recommend approval of the Variance request for 6.3.3, stub street,
seconded by Jeff Kennelly, unanimously approved.
Barbara Myers moved to recommend approval of the Variance request for 6.3.7, length of cul-de-
sac, seconded by Norma Meighen, unanimously approved.
Salim Najjar moved to recommend approval of Variance 6.3.22, passing blister and accel/decel
lane, seconded by Barbara Myers, unanimously approved.
Jeff Kennelly moved to approve Docket No. 32-93 PP, seconded by Paul Spranger, unanimously
approved.
2. Committee to consider Docket No. 35-93 SP, a secondary plat application for Bramblewood
(formerly Towne Crossing.) The secondary plat consists of 34 lots on 19.7 acres of land located
on the north side of 96th Street, just west of the existing Summerlakes subdivision, Clay
Township. Filed by Towne Development Company.
Roger Kessler appeared for the Petitioner along with Dennis Olmstead of Stoeppelwerth& Assoc.
Mr. Kessler stated that all concerns have been addressed in regard to the landscaping plan;
drainage concerns have been addressed with John South. There was an issue of a potential 9/10
acre of wetland that had been applied to the Army Corps of Engineer for approval. To date, the
Army Corps of Engineers have approved it with no mitigation required. At the moment, the
petitioner is talking with IDEM who may or may not want some mitigation.
John South stated that there were some open items, one regarding erosion control on the west end •
of Fallwood Way, but nothing that would be a "deal breaker."
Dave Cunningham of Staff stated he is awaiting final approval from Indianapolis Water; there
is a minor concern with sidewalks emptying out onto the street.
Barbara Myers moved to approve Docket No. 35-93 SP, subject to John South's and Dave
Cunningham's requirements being worked out, seconded by Paul Spranger, unanimously
approved.
3. Committee to consider Docket No. 40-93 SP, a secondary plat application for Stonebridge
Subdivision. The secondary plat consists of 58 lots on 59.6 acres of land located north of 136th
4
ILI
Street and east of the existing Smokey Row Elementary School, Clay Township. Filed by
Williams Creek Development.
NOTE: Jeff Kennelly excused himself from the hearing and voting of Docket No. 40-93 SP,
Stonebridge Subdivision.
Bruce Hagan of Schneider Engineering presented Stonebridge Subdivision to the Committee. The
Communications Center had requested a change in the project name; presently under
consideration is the name "Buckthorn," but this has not been confirmed by the Communications
Center as yet. There is no conflict in the street names as presented. An access easement has
been added to the plat and sidewalks have been provided for.
Norman Meighen moved to approve Docket No. 40-93 SP, subject to the name approval from
the Communications Center, seconded by Salim Najjar, unanimously approved.
4. Committee to consider Docket No. 41-93 SP, a secondary plat application for Village at
Millbrook Subdivision, Section 2. The secondary plat consists of 47 lots on 10.56 acres of land
located north of 99th Street and west of Keystone, Clay Township. Filed by The Estridge Group.
Steve Pittman of Estridge Development Company and Paul Claire of Schneider Engineering
appeared before the Committee representing the Village at Millbrook Subdivision, Section 2.
There are 18 acres which have been designated as park area. The Board of Public Works has
approved the project and it will go before the City Council May 17th.
Jeff Kennelly moved to approve Docket No. 41-93 SP, subject to name approval, seconded by
Paul Spranger, unanimously approved.
5. Docket No. 42-93 SP, a secondary plat application for The Grove at Millbrook Subdivision,
7.27 acres located on the north side of 99th Street and west of Keystone Avenue, Clay Township.
The site is zoned S-2 residence district. Filed by The Estridge Group.
There will be nine homesites on 7.27 acres. The existing 1850's home will be restored and
become a part of the community. The homesites will average 3/4 acre. A tree survey was done
and the maximum amount of trees are being preserved.
Dave Cunningham stated that the only outstanding item is the name of Millbrook--it can only be
used once.
Norma Meighen moved to approve Docket 42-93 SP, subject to name approval, seconded by
Salim Najjar, unanimously approved.
6. Docket No. 43-93 SP, a secondary plat application for Millbrook Woods. The secondary plat
consists of 25 lots on 15.9 acres of land located on the south side of 106th Street and west of
5
OLT
Keystone Avenue, Clay Township. Filed by C. P. Morgan Development.
Mark Boyce appeared before the committee for Millbrook Woods. As a result of working with
the concerns of the neighbors, a single entry has been lined up with Jordan Road; home site sizes
have been matched up with neighbors to the west and the character of the woods has been
preserved. A combined detention area has been worked out with the King of Glory Church as
well as various road improvements on the south side of 106th Street. The common area will be
platted as Millbrook Park and shared by the community.
Paul Spranger moved to approve Docket No. 43-93 SP, Millbrook Woods, subject to name
approval, seconded by Salim Najjar, unanimously approved.
There being no further business to come before the Committee, the meeting was adjourned at
8:40 PM.
gPfar-dam es
Hank Blackwell, Chairman R ona Hancock, Secretary
111
691