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HomeMy WebLinkAboutDept Report 01-15-02 " CARMEL/CLAY PLAN COMMISSION DEPARTMENT REPORT January15,2~~ 4i. Docket No. 159-01 PP; The Townhomes at Hazel Dell (Primary Plat) Petitioner seeks approval to plat a ninety-nine-Iot subdivision on 23.95:f: acres. The site is located northwest of East I I 6th Street and Hazel Dell Parkway. The site is zoned R- 2/Residence. The petitioner also seeks approval of the following Subdivision Waivers: 159-01a SW SeD 7.0.1 Minimum distance between units of6' 159-Olb SW seD 7.6.3 Minimum width of75' for Open Space 159-01c SW seD 6.3.20 Every Residential subdivided property shall be served from a public street 159-01d SW SeD 6.3.24 Frontage Place exceeds 600' and does not terminate at street 159-01e SW SeD 6.5.1 Minimum lot frontage of 50' at right-of-way line. Filed by Paul Rioux of Platinum Properties. As the Commission may recall, the subject property has been a topic of discussion for almost two years. The property is the location of the now withdrawn proposal for the Hazel Dell Pond subdivision. The Subdivision Committee met with the applicant at their January 8th meeting to provide some advance review. In addition two members of the public spoke in favor ofthe request and one person indicated that they (the Lake Forest Homeowners Board) would be meeting with the applicant prior to the public hearing. They did meet on the following day and a letter from their Board is attached to this report. The new proposal (please see plans submitted by the applicant and distributed last week with the tentative agenda) is significantly different in many respects. Please note the following items: 1. The new plan sets the area between the Lake Forest and Brookfield Subdivisions aside as open space with the exception of completing the cul-de-sac (see plans). 2. The plan focuses development along Hazel Dell Parkway and the existing lake. 3. The plan utilizes 4,5, and 6 unit single-family attached housing similar to that approved along City Center Drive last summer. Ryland Homes is the proposed builder at that location as well as at this proposed site. A similar product to the one proposed has been build at the Village of West Clay, also by the same builder. 4. The plan utilizes private frontage places to serve the lots from Hazel Dell Parkway with one full access cut onto Hazel Dell with the remaining access points providing southbound exiting only. At some point in the future when Founders Park is improved, there could be an additional full access point. The Department is in support of the direction this new proposal has taken. With approval of the necessary subdivision waivers the new plan should serve as a "Win, Win" for both the new development and the adjoining property owners. .' fu. order for the proposed subdivision to work, the approval of five subdivision waivers will be necessary. The waivers address the following: 1. The first waiver, minimum distance between units of 6', is obvious due to the proposed housing type. The applicant is proposing a 4, 5, and 6 unit single-family atta~heil housing type. The open space chapter of the ordinance requires a minimum of 6' of separation between each home. The approval of the waiver is necessary to permit the proposed housing configuration. The Department would request the applicant prepare a commitment ensuring the character ofthe proposed buildings in support of the waive request. Copies of the building elevations have been submitted with the information packet. 2. The second waiver, minimum 75' width of open space to separate the lots from the existing Lake Forest subdivision. This is necessary to accommodate the homes that will be along the long narrow portion of the subdivision between Hazel Dell Parkway and the existing Lake Forest subdivision. 3. The third and fifth waivers, every residential subdivided property shall be served from a public street and minimum lot frontage of 50' at the right-of-way respectively, are necessary due to the width of the lots being defined by the width of the home (typically 24-26') and a number of the homes being served by the frontage place (private drive). 4. The forth waiver, Frontage Place exceeds 600' and does not terminate at street, is necessary for two reasons. The desire to limit the number of driveway cuts onto Hazel Dell Parkway has resulted in three and possibly only two cuts on to Hazel Dell. The City Engineering office is still reviewing this issue. fu. addition, it is not the desire of the applicant or the residents for the drive at the northwest end ofthe subdivision to connect _________into~Eo.re~. It is for these reasons thalJhis w~iv~rj~ bei!1ZLe:.9Jl~ste~_______________ __ __ fu. summary, the proposed subdivision has taken into consideration all of the concerns raised at past meeting and has provided a plan that the Department endorses and that also satisfies the major concerns voiced by the public at previous meeting regarding the development of this property. The Department recommends that the Plan Commission forward this item to the Subdivision Committee for further discussion. January 10, 2002 In reply to: Docket # 159-01-PP Carmel! Oay Plan Commission Department of Community Services One Civic Square Carmel, IN 46032 ~ R~~ < J~~ 10 2002 noes Attenti,on: Jon Dobosiewicz Dear Carmel! Oay Plan Commission: SUBJECT: DOCKET # 159-01-PP The Lake Forest Homeowners Association has an interest in Docket # 159-01-PP on the Commissioner's Agenda. Written Testimony on behalf of the Lake Forest community is as follows: 1. Ground Water Level. Jones & Henry Engineers, Ltd. in an April 23, 1999 letter to Lake Forest, Subject: Lake Forest Development Lakes notes a general decline in groundwater levels in the vicinity of Lake Forest. The letter states that the City is concerned with the impact that lower groundwater levels have on their well no.16. The letter suggests the potential of discharging portions of the storm water from Hazeldell Parkway and adjacent developments into the Martin Marietta Lake adjacent to the North Lake. This would have the benefit of recharging the ground water level in this area. The water level in City well no.16, the Lake Forest North Lake as well as the lake of the proposed development is directly related to the ground water elevation in this area. The only foreseeable resolution to this problem is to raise the ground water in this area. Should this development, or any other, be approved, it would benefit the City, Lake Forest and the petitioner if the City Engineer would include the discharge of storm water from Hazeldell Parkway into the petitioner's lake. Petitioner has agreed to request this accommodation from the City Engineer. Dewatering necessary for development would further lower ground water levels in this area. Petitioner has agreed that any dewatering necessary during construction would direct the discharge into one of the lakes rather than into the storm sewer. 2. Landscape and Mound Maintenance Easement. There is a boundary fence atop a 6.5 ft. tall and 40 ft. wide earthen mound along the east property line of Lake Forest. The earthen mound includes a 20 ft. Landscape Greenbelt Buffer and Drainage Easement on the Lake Forest side and a 20 ft. Landscape and Mound Maintenance Easement on the petitioner's side. Petitioner has acknowledged the Landscape and Mound Maintenance Easement and agreed not to alter any portion of the earthen mound in any way that may disturb the stability of the boundary fence. This prohibition will also be included in the Townhomes at Hazel Dell Declaration of Covenants, Conditions, and Restrictions. -2- January 10, 2002 Petitioner has agreed to reserve an easement in the Townhomes at Hazel Dell Declaration of Covenants, Conditions, and Restrictions for Lake Forest to retain access to the Landscape . and Mound Maintenance Easement for upkeep and maintenance of the boundary fence. Petitioner has agreed to include in the Townhomes at Hazel Dell Declaration of Covenants, Conditions, and Restrictions a requirement to share equally with the Lake Forest Home Owners Association, any expense related to the upkeep and maintenance of the boundary fence. 3. Conservation Easement. The DNR Conservation Easement appears to appease those who opposed the plan proposed by the previous developer. The Lake Forest Homeowners Association Board of Directors has no objection to this notion. 4. Height of the Townhouses. Petitioner has agreed that the placement of outdoor lighting at the Townhomes of Hazel Dell will ensure that Lake Forest residents will not experience any glare from garage, security and/or any other lighting and that the height of the Townhouses will not obstruct reasonable vision, light or air. Petitioner has agreed to include in the Townhomes at Hazel Dell Declaration of Covenants, Conditions, and Restrictions a continuing restriction on the placement of lighting. 5. Easement. The Lake Forest Homeowners Association Declaration of Covenants, Conditions, and Restrictions require approval of two-thirds of the membership to transfer or dedicate Common Areas to a public utility for such purposes. Provided such easement is necessary, the Lake Forest Homeowners Association Board of Directors will recommend and seek such approval no later than the annual meeting to be held on the third Thursday of March. Respectfully, Board of Directors Lake Forest Homeowners Association