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Village of Mount Carmel, Section No. 10
City of Carmel/Clay Township
Plan Commission Meeting, January 21, 2003
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Developers / Builders
597 Industrial Drive
Suite 104
Carmel, IN 46032
(317) 714-6694
fax (317) 846-3796
January 10, 2003
CITY OF CARMEL/CLAY TOWNSIDP
Advisory Plan Commission
One Civic Square
Carmel, Indiana 46032
RE: ELLIOTT WRIGHT GROUP, LLC
DOCKET NUMBERS: 182-02 PP; and, 182-02a SW
Dear Member:
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On January 21,2003, Elliott Wright Group will present to the City of
CarmeVClay Township Advisory Plan Commission for review and approval its primary
plat for a residential subdivision to be known as Section 10 of the Village of Mount
Carmel. Section 10 is proposed as a 6-10t subdivision on a total of approximately 7 acres
to be developed in accordance with the current S-2/Residence zoning. The site is located
at the southwest comer of East 146th Street and Village Drive. The primary plat
presented meets all development standards, except for one subdivision waiver (Chapter 6,
Section 6.3.4) involving continuation of a platted street identified as Amalfi Dr.
The primary plat was presented to the CarmeVClay Technical Advisory
Committee on December 18, 2002, with a copy of the meeting minutes included within
this packet for your review.
There will be 6 single-family homes built on said lots within a size range of3,000
square feet and above, and within a price range of $500,000 and above.
I look forward to seeing you January 21,2003, and I thank you for your service to
the City of Carmel.
With kindest regards,
ELLIOTT WRIGHT GROUP, LLC
Parvin C. Wright
W PCW/djb
597 Industrial Drive · Suite 104 · Carmel, IN 46032 · Phone: 317.846.3798 · Fax: 317.846.3796 · elliottwright.com
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TABLE OF CONTENTS
FOR
PRIMARY PLA T PACKET 182-02 PP
1. Letter of Introduction
2. Table of Contents
3. Photograph: Aerial View - West to East
4. Primary Plat Plan
5. Legal description of Primary Plat
6. Legal description for entire "Wilfong Property"
7. Copy of Notice of Public Hearing submitted to adjacent residents
8. Publisher's Affidavit for Public Notice
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9. Affidavit of Notice
10. Copy of December 18,2002 TAC minutes
11. Copy of Subdivision Variance Request Application
12. Subdivision Variance Findings of Fact (clean form and proposed form)
13. Findings of Fact Form for Primary Plat consideration
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LAND DESCRIVfION FOR PROPOSED SUBDIVISION:
Part of the Northeast Quarter of Section 23, Township 18 North, Range 3 East of the
Second Principal Meridian in Clay Township, Hamilton County, Indiana, described as
follows:
Commencing at the Northwest comer of the Northeast Quarter of Section 23, Township 18
North, Range 3 East; thence North 89 degrees 05 minutes 11 seconds East (assumed
bearing) on the North line of said Northeast Quarter 469.70 feet to the Northeasterly comer
of the Eighth Section of the Village of Mount Carmel, a subdivision in Hamilton County,
Indiana, the plat of which is recorded on pages 26 through 29 of Plat Book 7 in the Office
of the Recorder of Hamilton County, Indiana; thence South 00 degrees 01 minute 13
seconds West on the Easterly line of said subdivision, a distance of 502.08 feet to an angle
point in said Easterly line at the Southeasterly comer of Lot Number 201 in said subdivision,
said comer being the PLACE OF BEGINNING of the within described real estate; thence
South 41 degrees 28 minutes 00 seconds East on said Easterly line, a distance of 758.43 feet
to the Northerly line of the Second Section of the Village of Mount Carmel, a subdivision in
Hamilton County, Indiana, the plat of which is recorded on page 114 of Plat Book 2 in said
Recorder's Office, said comer being an angle point in the Northwesterly line of Lot Number
39 in said subdivision; thence North 30 degrees 02 minutes 00 seconds East on the
Northwesterly line of the Second Section of Village of Mount Carmel, a distance of 429.69
feet to a point that is 20.41 feet South 30 degrees 02 minutes 00 seconds West of the
Southwesterly comer of Lot Number 23 in the First Section of the Village of Mount Carmel,
a subdivision in Hamilton County, Indiana, the plat of which is recorded on page 86 of Plat
Book 2 in said Recorder's Office; thence North 00 degrees 54 minutes 49 seconds West on a
line that is parallel with the \Vest line of said Lot and perpendicular with the North line of
said Northeast Quarter, a distance of 241.66 feet to a point on the Northwesterly
prolongation of the Southerly right-of-way line of Village Drive, said prolongated line being
on a curve having a radius of 340.00 feet; thence Easterly, curving to the right on said curve,
an arc distance of 10.63 feet to the Northwesterly comer of the aforesaid Lot Number 23;
thence North 00 degrees 54 minutes 49 seconds West on the Westerly line of said First
Section of the Village of Mount Carmel, being the Westerly right-of-way line of Village
Drive and being measured perpendicular with the North line of said Northeast Quarter, a
distance of 219.78 to a point on a line that is 250.00 feet South 00 degrees 01 minute 13
seconds West of the North line of said Northeast Quarter; thence South 89 degrees 05
minutes 11 seconds West parallel with said North line 397.22 feet; thence South 00 degrees
01 minute 13 seconds West 132.53 feet; thence South 89 degrees 05 minutes 11 seconds
\Vest 78.66 feet; thence South 00 degrees 01 minute 13 seconds West 140.19 feet; thence
North 86 degrees 05 minutes 07 seconds West 245.10 feet to the place of beginning,
containing 7.71 acres, more or less.
Subject to all legal easements and rights-of-way.
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COMPOSITE LAND DESCRIPTION OF RESIDU AL OF INSTRUMENT NUMBER 9561346
AND INSTRL'MENT NUMBER 9709733808:
Part of the Northeast Quarter of Section 23, Township 18 North, Range 3 East of the Second
Principal Meridian in Clay Township, Hamilton County, Indiana, described as follows:
Commencing at the Northwest comer of the Northeast Quarter of Section 23, Township 18 North,
Range 3 East; thence North 89 degrees 05 minutes 11 seconds East (assumed bearing) on the North
line of said Northeast Quarter 469.70 feet to the Northeasterly comer of the Eighth Section of the
Village of Mount Carmel, a subdivision in Hamilton County, Indiana, the plat of which is recorded
on pages 26 through 29 of Plat Book 7 in the Office of the Recorder of Hamilton County, Indiana;
thence South 00 degrees 01 minute 13 seconds West on the Easterly line of said subdivision 50.01
feet to the Southwesterly comer of real estate conveyed to the Board of County Commissioners of
Hamilton County, Indiana, per a Warrant}' Deed recorded as Instrument Number 199909964178 in
said Recorder's Office, said comer being the Place of Beginning of the within described real estate;
thence continuing South 00 degrees 01 minute 13 seconds West on the Easterly line of said Village of
Mount Carmel, Eighth Section, a distance of 452.07 feet to an angle point in said Easterly line at the
Southeasterly comer of Lot Number 201 in said subdivision; thence South 41 degrees 28 minutes 00
seconds East on the Easterly line of said Vilbge of Mount Carmel, Eighth section a distance of
758.43 feet to the Northerly line of the Second Section of the Village of Mount Carmel, a subdivision
in Hamilton County, Indiana, the plat of which is recorded on page 114 of Plat Book 2 in said
Recorder's Office, said comer being an angle point in the Northwesterly line of Lot Number 39 in
said subdivision; thence North 30 degrees 02 minutes 00 seconds East on the Northwesterly line of
the Second Section of Village of Mount Carmel, a distance of 450.10 feet to a point on the W'esterly
line of the First Section of the Village of Mount Carmel, a subdivision in Hamilton County, Indiana,
the plat of which is recorded on page 86 of Plat Book 2 in said Recorder's Office, said point being
the Southwesterly comer of Lot Number 23 in said First Section; thence North 42 degrees 25
minutes 49 seconds W'est on the Northwesterly prolongation of the Southwesterly line of said Lot
Number 23, a distance of 11.31 feet to a point that is 7.50 feet \"est of and measured perpendicular
'with the West line of said Lot Number 23; thence North 00 degrees 54 minutes 49 seconds West on
a line that. is parallel with the West line of said Lot and perpendicular with the North line of said
Northeast Quarter, a distance of 215.24 feet to a point on the Northwesterly prolongation of the
Southerly right-of-way line of Village Drive, said prolongated line being on a curve having a radius of
340.00 feet; thence Easterly, curving to the right on said curve, an arc distance of 7.60 feet to the
Northwesterly comer of the aforesaid Lot Number 23; thence North 00 degrees 54 minutes 49
seconds 'W'est on the W'estcrly line of said Fi...."St Section of the Village of Mount Carmel, being the
\,\'esterly right-of-way line of Village Drive and being measured perpendicular 'with the North line of
said Northeast Quarter, a distance of 419.74 feet to the Southeasterly comer of real estate conveyed
to the Board of County Commissioners of Hamilton County, Indian."\, per a Warranty Deed recorded
as Instrument Number 199909964181 in said Recorder's Office; thence South 89 degrees 05 minutes
11 s~conds West on the Southerly line of said real estate and the Westerly prolongation thereof,
being the Southerly line of the aforesaid land conveyed to the Board of County Commissioners of
Hamilton County, Indiana, per the \"arrant)' Deed recorded as Instrument Number
19990996064178, measured parallel with the North line of said Northeast Quarter a total distance of
717.19 feet to the place of beginning, containing 12.7-10 acres, more or less.
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Subject to all legal easements and rights-of-\vay.
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Ihted: December 19,2002
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. NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL PLAN COMMISSION
Notice is hereby given that the Carmel Plan Commission meeting on January
21,2003 at 7:00 p.m in the City Hall Council Chambers, One Civic Square,
Carmel, IN 46032 will hold a Public Hearing upon an application made by
P. C. Wright of Elliott Wright Group, LLC proposing a 5-10t subdivision
located at the southwest comer of 146th Street and Village Drive, current
landmark being a yellow barn. The site is currently zoned S-2/Residence.
The application is identified as Docket No. 182-02 PP.
The petitioner also seeks approy~l of the following Subdivision Waivers:
182-02a SW SCO 6.3.4 continuation of platted street.
The real estate affected by said application is described by the attached legal
description.
All interested persons desiring to present their views on the above
application, either in writing or verbally, will be given an opportunity to be
heard at the above-mentioned time and place. Prior to or at the meeting,
written comments may be sent to Carmel Clay Plan Commission, c/o
Ramona Hancock, Secretary, Carmel City Hall, One Civic Square, Carmel,
IN 46032. Files may be examined at Department of Conuiiunity Services,
Division of Planning and Zoning, Carmel City Hall, 3rd Floor, Carmel, IN
(317)571-2417.
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80000-2531431
PUBLIC NOTICIi!$;*',
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NOTICE Of PUBUC.,.EARING
BEfORE THE CARMEL
PLAN COMMISSION
Notice is hereby given that
the Carmel Plan Commis~
sian meeting on January 21,
2003 at 7:00 p.rn in the City
Hall Council Chambers, One
'Civic Square. Carmel. IN
'46032 will hold a Public
. Hearing upon an application
made by P. C. Wright 01
,f'u, ~ltC)"Ef.:>~lz.\c!'C'Ottf\::.J'\;.V'
'p the Board of Co~nty
; ,Commissioners of Hamilton
;,'(ouoty. Indiana. per a
! ,Warrant, Deed recorded
'1 las J nstrument Number
I 119990996417B in said Re-
: lcorder's Office, said corner
tbeing the Place o'
:Beginning of the within ,
,described r~al estate; I
thence cantinumg South 00 :
degrees 01 minute 13 sec- I
, ands West on the Easterly
line of said Village of Mount
~~~~:~~ ~r~~~.~7C:~~~, t:
an angle point in said
Easterly 'ine at the South-
easterly corner of 19t Num.
ber 201 in said subdiVision;
thence South 41 degrells 28
minutes 00 ~onds ~.st C?"'
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PUBLISHER'S AFFIDAVIT
State of Indiana SS:
MARION County
Personally appeared before me, a notary public in and for said county and state,
the undersigned SUSAN FLODDER who, being duly sworn, says that SHE is clerk
of the INDIANAPOLIS NEWSPAPERS a DAILY STAR newspaper of general circulation
printed and published in the English language in the city of INDIANAPOLIS in state
and county aforesaid, and that the printed matter attached hereto is a true copy,
which was duly published in said paper for I time(s), between the dates of:
12/27/2002 and 12/27/2002
~~>>
Clerk
Title
Sub~~ribed and sworn to before me on 12/27/2002
'-~7' ~.d" (x~lo K Q/j
/. cI Notary Public
KIMBERLY R. HACKER
Notarv Public. State of Indiana
County of Morgan
My Commission Expires May 13, 2010
RATE PER LINE
Form 6S-REV 1-88 My commission expires:
STATE PRESCRIBED FORMULA
7.83 PICA COLUMN - 94 POINT
94 POINTS / 5.7 PT. TYPE - 16.49
16.49 EMS / 250 - .06596 SQUARES
.06596 SQUARES x $4.67 - .308 CENTS PER LINE
PUBLISHED 1 TIME = .308
PUBLISHED 2 TIMES= .462
PUBLISHED 3 TIMES= .616
PUBLISHED 4 TIMES= .770
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PETITIONER'S AFFIDA VIT OF NOTICE OF PUBLIC HEARING
CARMEL PLAN COMMISSION
I, Parvin C. Wright, member of Elliott Wright Group, LLC do hereby certify that notice
of public hearing of the Carmel Plan Commission to consider Docket No. 182-02 PP
was registered and mailed at least twenty five (25) days prior to the date of the public
hearing to the below listed adjacent property owners:
Ronald J. and Sheila Fullerton
1175 Gray Rd. West
Cannel, IN 46032
Lee D. and Patty R. Young
14567 Adios Pass
Carmel, IN 46032
Sean P. and Angela Dunlavy
14445 Blue Sky Court
Carmel, IN 46032
Phillip 1. and Diane Mitchell
79 Bennett Rd.
Carmel, IN 46032
Douglas L. & Anninta Inbody
14601 Adios Pass
Cannel, IN 46032
D. Wayne II and Christine M. Smith
219 Admiral Way
Cannel, IN 46032
Franklin 1. and Jennifer Grimm
71 Bennett Rd.
Carmel, IN 46032
Robert D. and Heather Warhurst
33 Village Dr. North
Carmel, IN 46032
Willow Branch Limited Partnership
P. O. Box 1009
Cannel, IN 46082
Ralph L. Wilfong, Trustee
P. O. Box 1009
Cannel, IN 46082
Richard P. Wadley
14580 Adios Pass
Carmel, IN 46032
Michael D. and Kristi Freeman
88 Bennett Rd.
Cannel, IN 46032
Donald R. and Joanne Burfeind
84 Bennett Rd.
Camel, IN 46032
Ahren A. and Gina Stanis
83 Bennett Rd.
Carmel, IN 46032
Luigi and Celia L. Perillo
92 Bennett Rd.
Carmel, IN 46032
Brad D. and Dianne M. Schildknecht
14502 Adios Pass
Cannel, IN 46032
Buck, Kelly D. and Paul St. Angelo JtJrs
517 Worth Ct.
Cannell, IN 46032
David S. and Debra L. Enlow
541 Worth Ct.
Cannel, IN 46032
Jeffery A. and Cheryl L. Drozda
533 Worth Ct.
Ronald A. and Debra M. Dageforde
525 Worth Ct.
.
U Carmel, IN 46032 Cannel, IN 46032
Joseph J. and Teresa Slabinski Michael E. and Lori M. Chandler
501 Worth Ct. 427 Worth Ct.
Cannel, IN 46032 Carmel, IN 46032
Diamond Star Homes, INC> Two Gaits Development
1610 Greyhound Pass, Ste A P. O. Box 1009
Carmel, IN 46032 Carmel, IN 46032
Roy T. and Carolyn Wheeler Roy N. Holmes, as Trustee
419 Worth Ct. 75 Bennett Rd.
Cannel, IN 46032 Carmel, IN 46032
Terry E. and Kristi M. Rouse Robert M. and Theresa Anderson
411 Worth Ct. 66 Bennett Rd.
Carmel, IN 46032 Carmel, IN 46032
Christa and R. Carol Skinner Donald R. and Carolyn Weidner
57 Amalfi Drive 76 Bennett Drive
Cannel, IN 46032 Cannel, IN 46032
U John A. and Sharon Perkon Christopher and Terry Whitesel
34 Village Drive North 15 Village Drive
Carmel, IN 46032 Carmel, IN 46032
Mark W. and Christine Mills David E. and Barbara Stouder
14528 Adios Pass 14554 Adios Pass
Carmel, IN 46032 Cannel, IN 46032
David A. and Joanna Thurston Daniel M. and Judith R. Szczerba
14494 Adios Pass 14595 Adios Pass
Cannel, IN 46032 Cannel, IN 46032
Ralph C. Purcell Joseph L. and Laurel DeStefano
14541 Adios Pass 14473 Blue Sky Ct.
Carmel, IN 46032 Cannel, IN 46032
Timothy J. and Patricia Murray Thomas A. and Patricia Dean
14515 Adios Pass 14459 Blue Sky Ct.
Cannel, IN 46032 Carmel, IN 46032
David A. Linda Maurer Brian T. and Ann M. Hunt
14381 Colby Ct. 14373 Colby Ct.
Carmel, IN 46032 Carmel, IN 46032
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William B. and Cynthia Elliott
14369 Colby Ct.
Carmel, IN 46032
David J. and Susan Barra
14361 Colby Ct.
Cannel, IN 46032
James P. and Amy McMahon
14357 Colby Ct.
Carmel, IN 46032
Gregory H. and Madeline Butler
14487 Blue Sky Ct.
Carmel, IN 46032
-----------------------------
STATE OF INDIANA, COUNTY OF
SS:
The undersigned, having been duly sworn, upon oath says that the above information is
true and correct as he is informed and believes.
(Signature of Petitioner)
Subscribed and sworn to me before this
day of
, 2003.
Notary Public
My Commission Expires
Residing in
County
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CARMEUCLA Y TECHNICAL ADVISORY COMMITTEE
Minutes
December 18, 2002
Jon Dobosiewicz - Cannel DOCS
Scott Brewer - Cannel DOCS
John South - Hamilton Co. Soil & Water
Mike McBride - Cannel Engineering
Steve Broermann - Hamilton Co. Highway
Gary Hoyt - Carmel Fire Department
Jenny Chapman - Hamilton Co. Surveyor Office
Laurence Lillig - Cannel DOCS
Brian Hanson - Carmel DOCS
Dick Hill- Carmel Engineering
Chuck Shupperd - Vectren Energy
Tun Blanchard - Carmel :OOCS/BCE
Sharon Prater - Panhandle Eastern
Village or Mount Carmel, Section 10 (Primary Plat) 182-02 PP
The applicant is proposing a 5-lot subdivision. The site is located at the southwest comer of East
146th Street and Village Drive. The site is zoned S-2/Residence. Filed by Chuck Wright of the
Elliot Wright Group, LLC.
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Chuck Wright is introduced. Mr. Wright is the principle owner of the Elliot Wright Group. The
overall tract of the WIlfong Property is located at Village Drive North and 146th Street. We are
purchasing the southern 5.2 acres of that tract; it is restricted by the Wilfong family from the
previous owner. I can only subdivide our portion into 5 different parcels. This is why the lots are
of this size so we can fit into the S2 zoning that is currently on the site. We are looking for one
variance of the subdivision standard and that is not to connect to Ama,lfi Drive, which is a stub
street out of the Village of Mount Carmel Section Two (southern end of property). We are
requesting to come in off Village Drive North with a cui de sac. The balance of the property to
the north contains one parcel that is 2.4 acres and the other one directly contiguous to our
property is 5.01 acres so it doesn't come into the subdivision process.
Chuck Shupperd, Vectren Energy, notes there is gas at the street and will be extended. Jerry
Breeck will be your contact person. He is the representative once you have everything approved.
Steve Broermann, Hamilton County Highway, we will defer to the city on this project. The site is
annexed to the city.
Jenny Chapman, Hamilton County Surveyor's Office, confirms the annexation will be recorded in
February. As for legal drains, most of Mount Carmel is included. Jenny sent a letter noting
comments regarding an outlet permit. There is some question about Section 8. Jenny will check
on the regulated drain and revise her letter accordingly.
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fun Blanchard, Carmel DOCS Building & Code Enforcement, questions the existence of buildings
that need to be removed that would have wells, septics, or fuel tanks. It is confinned that none
exist. Elliot Wright Group will be the only builder. The cost and size of the homes will be
$500,000 and up with varying square footage.
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S:TecJmlcalAllvtsoryCommIttee\MJnutes\tac2002Decemller
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Gary Hoyt, Cannel Fire Department, sent a letter to Darryl Phillips. Everything looks good. We
are pleased that you will not include hammerheads.
Mike McBride, Carmel Engineering, has not sent a letter. We have completed somewhat of a
review. We are not entirely sure how involved the County Surveyor's Office and County
Highway Department will be in this project. We are taking the same stance that we will be in
control of this section when construction begins. A more extensive comment letter will be
forthcoming. For now my comments are: Our office has not received a primary plat, please
forward one as soon as possible. Some of our comments are in relation to the plat. It is unclear
where the boundaries of Section 10 will lie on the drainage plan. One of the main concerns is the
detention basin and will it be platted in Section 10. It is confirmed that it will be putside Section
lOin a dedicated drainage easement. My request is that you consider platting that as part of
Section 10 and that the ownership is cle..ar. The detention basin is more protected because it is a
Homeowner Association ownership and benefits the common area.. We would like to see it
platted as common area rather than being an easement offsite. Otherwise, we might run into some
issues since it lies on someone else's property. I understand you are setting up an easement at
that location. Again, it is not clear on your drawing where the actual break in Section 10 is
located. I'm sure this will be made clear with the plat. We have also noted there will be no
improvements to Amalfi Drive. It looks like it only serves three residents. It is however in the
county right-of-way at this point but soon to be city. We will look further into that to see how it
will be handled. In answer to the question regarding maintenance, we would entertain the idea of
maintaining the right-of-way.
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Chuck Wright, there are three homeowners that are adamant about us not coming through that
way. Part of the reason for our current plan is, although we like this entrance, the homeowners
do not want any improvements.
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Mike notes that there is not a street name at this time. Petitioner is in the process of choosing a
name. We would like to see that the intersection of Village Drive and Street A be reconfigured to
resemble a "T' intersection even if you still wanted the cui de sac drive to be the only traffic that
stops. We would like to see that intersection resemble a "T" rather than the slight offset that you
are showing currently on the drawings. We believe you have the amount of right-of-way needed
to complete this. It is noted that this was done to avoid allowing traffic into the cuI de sac and
avoid confusions as if it were a secondary street. The same is noted about the concern for the
sanitary sewer and where it is located. This is how we would prefer to see it. If there is some
reason or extenuating circumstances that would prevent you from doing this, just detail those in
your reply. We have not completed a review of the drainage calculations. I noticed there is no
emergency overflow indicated. The lOO-year storage elevation and the detention basin will fill the
inflow pipes into the detention area and back into some of the swales particularly on the east
boundary of Section 10 along the existing homes. It looks like your swale elevation is getting
close to where it might allow the lOO-year to escape out the east boundary. We want to make
sure that the banks of that swale are of a sufficient elevation to hold that lOO-year elevation and
should be higher than your spillway elevation. The bend in your east property line is where it
looks the lowest. Along the southwest property line at the back of Lot 4 there is a portion of the
drainage easement that does not indicate any grading or swale. It looks as if most of the drainage
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is heading north and west. We would like to see some grading done there to provide a swale in
that easement. We will get a letter to you as soon as possible.
Darrell Phillips, we have covered the calculations but one of the calculations located near the
outlet structure has not been shown on the drawings. We will check on your concern about the
swale and redo the areas in question.
Scott Brewer, Urban Forester City of Cannel, does not have landscape plans. Please send those
to my attention when they are complete. You will be required to adhere to the buffering
requirements in Chapter 26.4 that may require you to have a landscape easement outside the
drainage swale. Since it will be under city control, we will ask for street trees. You are showing
a 25' drainage and utility easement on the circle and a 20' along the other side, this means you will
need a landscape easement. I was unable to determine where the utilities would go. Point is
taken regarding the stonn pipe and it is noted that you can plant adjacent to but not over the top
of the storm pipes. It looks like you will have plenty room. After we receive landscape plans,
comments will be forwarded if necessary.
Jon Dobosiewicz, Carmel DOCS, when was the initial tract, Willow Branch 10.287 acre, created?
The Wllfong parcel is an illegal subdivision if we cannot confirm it was created before 1980.
When was the 2.453-acre tract created?
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Chuck will do more research to confirm dates. The instrument number shows 1995. We will
track the ownership and send that information to you.
Jon, regarding the residual piece of land that contains existing barns, will that tract be used for an
additional home site? It is noted that the Marsh family will have this as a home site. This should
be explained further, this has created a nonconforming use of the parcel when existing accessory
structures exists before a primary structure on the lot. A variance will be required to resolve that.
DOCS as well as Engineering have concerns that the drainage is being provided outside the plat. I
will go back and look at the subdivision regulations to confirm if it is acceptable pursuant to the
ordinance. We have a desire to see that parcel included as part of the plat so we don't get into
issues with private ownership of drainage matters that we need to control for the purposes of
storm water to the rest of the subdivision. We want to see a sidewalk along Village Drive
connecting the walk along 146th Street down to this development regardless of the platting issue.
We want to make sure we can confirm, if we do include parcel two in the plat, that we dedicate
additional right-of-way along 146th Street. We share some of the same concerns as Engineering.
With Amalfi Drive, it may take something more complex than just vacating. Lot 36 has access off
Amalfi Drive and that may require a replat of those few lots in Section 10. Lot 36 would need to
maintain frontage otherwise it would need variance and/or subdivision waivers and might need to
be reconfigured.
Chuck Wright asks if an access easement after vacation would be appropriate between the three
parties?
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Jon, it still does not eliminate the need for Lot 36 to have frontage. The ordinance by
development standards requires a lot to have a minimum of 50' frontage on a public street. If you
vacate the right-of-way, Lot 36 is no longer conforming, and must go back to the Board of
Zoning Appeals. Returning to the BZA would be necessary if they decided to add a yard barn or
add a room at some future date. This would take an additional public hearing to replat those
three lots to maintain access to Lot 36. I would like to see Amalfi Drive, if it were vacated,
become part of Lot 36.
Chuck would like to clarify the noted problem with accessory buildings. The subdivision of parcel
one of 2.453 acres is in question. Further explanation will be received in a letter from DOCS.
The dedication of right-of-way information will also be given to the petitioner. We plan on
starting construction in the spring. We are looking at the restrictions and whether it will be 6 lots
instead of510ts. We also want to resolve the service issues.
Darrell needs to show that a deed exists prior to 1980.
John South, Hamilton County Soil & Water, the dry basin has poorly drained soils and fairly flat
thus they will be damp. I recommend that you expand more and put more contour at the bottom.
You don't have much depth at the discharge point. If you can get them in that would be great.
Otherwise, you should provide more cross slope, which would be beneficial. I will review your
earth control plan at the secondary. A copy of the department letter is given to petitioner.
Wexley Chase (Primary Plat) 183-02 PP
The applicant is proposing a 40-lot residential subdivision on 29.974::1: acres. The site is located
on the north side of West 126th Street, ~ mile west of Towne Road. The site is zoned S-
llResidence - Estate. Filed by David Warshauer for GWZ-2 Development, LLC.
David Warshauer introduced Lance Ferrell, Glenda Garrison, and MarkZukennan. The project is
40 lots on approximately 30 acres on 126th Street between Towne Road and Shelborne Road on
the north side. We would like to thank you for the comments we have received. Lance has taken
the comments into account on his plans. We have landscape plans today that are complete and we
will submit those to you.
John South sent a letter yesterday. No major comments. One recommendation I would like to
add to my letter, tree planting along the western common area will enhance the existing wood lot.
This is not in the ordinance but would be beneficial. Also the open ditch on the east part allowed
by the surveyor's office in preparing a buffer along the existing creek would be a wildlife benefit.
Each lot should have access to subsurface drainage. The existing wells and septics should be
abandoned correctly. We recommend on the construction plans that you try to minimize cut and
fill of the common areas.
Chuck, gas is east of this project. We are providing gas on Shelborne Road for the schools.
Most likely we will bring it down from the east, connect to Shelborne Road, and then run into the
subdivision. Once you have approval, you will want to contact your representative.
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REQUEST APPLICATION '" /U I' /4 U-V
(Submit two (2) copies) }...I ~ I}
Fee: $63~.00 plus $70.00 for each additional waiver request Of) q' vi lilt
(I it ek (l~'r if Telepho, No. 711' ?&r4-,. pi :: J ""./01-
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PROJECT NAME: :)PC 7lC?J /~ I! / /l1&e ~I J./I'(}fV/J1fJ /
Contact Person:
Address:
PROJECT ADDRESS:
APPLICANT NAME: ~/ jN,.tf AIv,;4 t ~~(llA-~ (LL
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5?7 J,.vO/(ST.Kf;f'L Vr ~ I l.e Ie)/:(-
C~!llf I =t~1 ~t:!.J32 B4~ 3718
ADDRESS:
TELEPHONE:
Section (Section Number, Page, Item) of Subdivision Re lations for which variance is being
requ ted: /I /' /
IV . L. A,~ {/J iJ'L ~..3.
s~ explanation of why variance is being requested:
~ .7Y1-t" (1tlf,lW:;CW .4/fi 1tt1C'<<LP Hwf..r- 4-tc/
.I. 1. t1 y{)y~ /11 ~^- . ~ Aid .
State reasons supporting variance request:
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Present zoning: ~.- I
THIS APPLICATION MUST BE SUBMITTED AT THE TIME OF THE PRIMARY PLAT
APPLICATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC
NOTICE FOR THE PRIMARY PLAT.
$
APPLICATION FEE
S:\cannellanduseregs\checklist\subdivwaiverapp
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CARMEL PLAN COMMISSION
CARMEL, INDIANA
SUBDIVISION VARIANCE
FINDINGS OF FACT
Docket No: 182-02ASW
Petitioner: Elliott Writ!ht Group. LLC
Section Variance: Section 6.3.4 of the Subdivision Ree:ulations
Brief Description of Variance: Variance atrectine: the continuation of a platted street.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance, the Plan Commission should consider the following:
The grant of a variance Will not be injurious to the public health, safety,
morals and general welfare of the community.
Because, all other applicable development standards, ordinances and subdivision
regulations will be followed in the development of the proposed subdivision.
The use and value of area adjacent to the property included in the proposed
plat will not be affected in a substantially adverse manner.
Extension of Amalfi Dr. is unnecessary for the coordination of development between
the proposed subdivision and the adjacent property in that the adjacent property
has adequate ingress and egress into all surrounding neighborhoods.
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The need for the variance arises from some condition peculiar to the property
and such condition is not due to the general conditions of the neighborhood.
The adjacent property (3 existing home sites) has functioned for over 20 years with
Amalfi Dr. being an unimproved stub street, so granting the variance will allow
such stub street to be unaffected as desired by the current property owners.
The strict application of terms of the ordinance to the property will constitute
an unusual and unnecessary hardship if applied to the property for which the
variance is sought.
Without the variance, the adjacent property owners to the subdivision will be
deprived of the current uses of their property and an extension of Amalfi Dr. will
create a hardship and burden the property owners with unnecessary traffic therein
posing an increased safety issue.
The grant of the variance does not interfere substantially with the
Comprehensive Plan.
Granting the variance will not interfere with the Comprehensive Plan in that the
proposed subdivision will have adequate and better designed ingress and egress
from a traffic flow standpoint, through the proposed street to be developed off of
Village Drive North
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_Based on all the evidence presented by the petitioner, I approve of the
requested subdivision variance.
_I hereby disapprove of the subdivision variance request for the following
reasons:
Dated this _ day of
, 2003.
Commission Member
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CARMEL PLAN COMMISSION
CARMEL, INDIANA
SUBDIVISION VARIANCE
FINDINGS OF FACT
Docket No: 182-02ASW
Petitioner: Elliott Wri2ht Groun. LLC
Section Variance: Section 6.3.4 of the Subdivision Re2ulations
Brief Description of Variance: Variance affectin2 the continuation of a nlatted street.
In deciding whether or not the applicant has presented sufficient proof to pennit the
granting of a variance, the Plan Commission should consider the following:
The grant of a variance will not be injurious to the public health, safety,
morals and general welfare of the community.
The use and value of area adjacent to the property included in the proposed
plat will not be affected in a substantially adverse manner.
The need for the variance arises from some condition peculiar to the property
and such condition is not due to the general conditions of the neighborhood.
The strict application of terms of the ordinance to the property will constitute
an unusual and unnecessary hardship if applied to the property for which the
variance is sought.
The grant of the variance does not interfere substantially with the
Comprehensive Plan.
Based on all the evidence presented by the petitioner, I approve of
the requested subdivision variance.
I hereby disapprove of the subdivision variance request for the
following reasons:
Dated this _ day of
..
, 2003.
Commission Member
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FINDINGS OF FACT FORM FOR
PRIMARY CONSIDERATION
Carmel Plan Commission
Carmel, Indiana
DOCKET NO. 182-02PP
NAME OF SUBDIVISION: Section 10 oftbe
Villa2e of Mount Carmel
PETITIONER: Elliott Wri2bt Group,LLC
Based upon all the evidence presented by the petitioner and upon the representation and
certifications of the staff of the Department of Community Development, I determine that
the plat complies with standards of the Carmel Clay Subdivision Control Ordinance.
I hearby approve the primary plat as subdivided with the following specific conditions as
agreed to by the petitioner.
Condition 1.
Condition 2.
Condition 3.
I hereby disapprove of the primary plat as submitted for the following reasons:
1.
2.
3.
DATED THIS
DA Y OF
,2003.
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Commission Member