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Home My WebLink AboutPacket 05-18-09R~p~\3~ 9 ~ O~GS Development Standards Variances for Single Family; Detached Residential Community Docket Nos. 09030007 V through Docket No. 09030010 V Cfty of Carmel BZA Hearing 6:OOpm -May 18, 2009 Apppcant: Justin Moffett, 317-966-2023 or iustinmoffetttZaaol.com u May 13, 2009 Board Members Carmel Board of Zoning Appeals Dear Board Members, At our first hearing with the Board of Zoning Appeals regarding our petition for development standards variances at the proposed Blackwell Park we were asked to gather some additional information prior to the next meeting regarding the low spot on the property that had wetland characteristics. Also, we were asked to meet wfth the neighbors to see if there would be any possibility of coming to mutual agreement on the project details. Attached in this packet are the responses to both of those requests. First, i want to offer an update on my interaction with the old town neighbors to the Blackwell property. Monday evening, May li, I met with a group of about 12-15 neighbors who have lead the remonstrance group to discuss the project details. I pointed out at the beginning of the meeting that we felt like we had made a tremendous amount of concessions upfront rather than "playing poker" with the neighbors. I believe they understand that and gave us credit for what we had done to date with commitments regarding architecture, planning of the green space, tree preservation where possible, buffer landscape, commitment to not have duplexes on the R-3 tots, and the commitment to not build a "wet pond" to avoid a hazardous situation for children in the neighborhood. At the end of the meeting the neighbors stated that they would be supportive of our petition at the BZA if we would be willing to move one lot from the west side of 3rd Ave NE to the east side. This would allow for all lots to be 58' to 65' in width. This would also give us the ability to put a 10' buffer strip on the north side of the property to protect those land owners. We were not asked by the neighbors to cut our density at that meeting. In the meeting the neighbors expressed a much greater concern for the architecture and larger tot sizes than anything else. This proposed change in lot dimensions is a compromise that both sides seem to be accepting of, because with the variances comes the commitment to follow the "Old Town Overlay" guidelines relating to architecture. The net result is that the proposed common area will go from .6 acres to .4 acres, but the neighbors expressed that they weren't concerned with that space. They felt that an increas~,'i lot width would result in greater diversity in housing possibilities and would allow for more main level square footage that might attract an older buyer, which they thought would be desirable. The only adjustment that would be made to our development standards variance petition would be that the minimum lot width request would change from the previously proposed fifty feet (50') to the agreed upon fifty-eight (58'). Finally, regarding the low, wet spot on the site, we've attached a few pages that explain this further. Alt-WRzig confirmed the presence of hydric soil and plants which indicate a wetland area. This is outlined in the map and letter provided by Alt-Witzig. They explain that because it would be considered an isolated wetland and that it is less than .25 acre in size (.144 acres as shown) it would not be regulated by the local, state, or federal government and would be usable for development I hope that this information will answer the remaining questions that you have and I will look forward to addressing further questions at the next hearing. The Variances Requested: Section 8.04.02.D Minimum Lot Area: Applicant seeks to change the minimum lot size from ten thousand (10,000) square feet per single family dwelling unit tosixty-five hundred (6500) square feet per single-family dwelling unit. Section 8.04.03.A Minimum Front Yard: Applicant seeks to change the minimum front yard from thirty-five (35) feet to twenty (20) feet. (Reference Overlay Section 23D.03.C.3.b.i setbacks) Section 8.04.03.E Minimum Lot Width: Applicant seeks to change the minimum lot width from eighty (80) feet to fifty-eight (58) feet. (Reference Overlay Section 23D.03.C.3.c.ii.a.) Section 8.04.03.E Maximum Lot Coverage: Applicant seeks to change the maximum lot coverage for from thirty-five percent (35%) to forty-five percent (45%). (Reference Overlay Section 23D.C3.t:.3.C.iii.a.) We look forward to presenting this matter to the Board of Zoning Appeals at its May 18, 2009 hearing. i Sincerely, Justin W. Moffett m L t 5 o Lot 6 $ 9415 Sq. f t. 8469 Sq. f t. '0 141.70 laa.bo o Lot 4 ~ Lot 7 6398 sq. ft. ~ 8868 sq. ft. 14 AO 147 90 . Lot 3 m Lot 8 8410 Sq. ft. ~ ~ 8874 sq. ft. 115,00 147 90 . ~_ Lot 2 ~ ~' 8410 sq. ft. 14s.oo ° .37 acre ° ° Corlroon Wren 4 ° l 84 0 sq, f t. 145A0 147.90 Existing Existing platted tot platted lot ~ \I Alt & Wittig Engineering, Inc. Q 105 West 99`x' Street • Carmcl, Indiana 46032 (317) 875-7000 • Fax (317) 876-3705 May 12, 2009 Mr. Justin Moffett 255 and Avenue Northeast Carmel, Indiana 46032 1tE: Wetland Services Letter Blackwell Property NEC and NWC of 3"d Street Northeast and 3'a Avenue Northeast Carmel, Indiana 46032 Alt & Wittig No: 09IN0109 Dear Mr. Moffett: In compliance with yow request, we aze providing you with ow preliminary findings regarding the 2.7-acre tract of land located at the above referenced intersection. The purpose of our investigation was to identify areas exhibiting wetland characteristics located within the tract. Wetland Services An Alt & Wittig project manager visited the site (Site) on February 20, 2009 and April 23, 2009 to view the characteristics of the property. Findings during the Site walk indicated one azea located within a depression on the central portion of the property that was exhibiting wetland characteristics. Alt & Wilzig performed a partial sample point within the depression to determine soil and hydrology characteristics. According to ow findings within the partial sample point, the soils within the depression resembled the Brookston soil series (a hydric soil). In addition, numerous hydrological indicators were noted within the depression including saturation of soils, inundation, a high water table, water stained Ieaves and numerous other indicators. Vegetation was not assessed during the Site walk; however visual observations noted numerous hydrophytes (wetland vegetation) within the area of the partial sample point. It is ow estimation that this area would qualify as a wetland. Alt & Wittig utilized a hand held GPS unit to mazk the estimated boundary of the potential wetland to determine its approximate size. According to the GPS and software associated with the unit, the potential wetlands approximate size is 6,300 square feet (0.144-acres). Conclusions It is estimated that the identified area exhibiting wetland characteristics would be considered isolated (lacking a significant nexus to a "water of the United States', and would therefore u UJJ7ce5: Sebsurfnc¢ /tn=esrigcrion and Fo;nrrlnlion Englrreerlug ~- ' ' '° 'Y~r t ~'~" ~ xstr~rtcJinrr K1Prrrtr. Tr~~u~ aunf Firvpcv:/inn _ ~ucr .u P, s: rl, _._ i_ [ i,r:a ., mGenn .., r. _._ rz~.-.., - ~ r tk.Y'C: RYff'Ytr fr X49'+rf<z''J be regulated by the Indiana Department of Environmental Management (IDEM). IDEM allows exemptions for Class I and Class II isolated wetlands. It is estimated that the potential wetland azea would most likely qualify in the Class II category due to its observed characteristics. IDEM maintains that if a Class II isolated wetland is less than 0.25-acres in size, it is considered to be exempt and not regulated. Prior to any impacts to this potential wetland azea, it is recommended that an approved jurisdictional determination (JD) be performed by the U.S. Army Corps of Engineers (Corps) to detemilne if the area poses a significant nexus to a "water of the U.S." In addition, if the area is determined to be isolated by the Corps, it is recommended that IDEM be contacted to confirm the potential wetlands exempt status. If you have any questions or comments regarding our findings, please do not hesitate to contact us. Thank you for the opportunity to offer our services. Sincerely, ALT & WITZIG ENGINEERING, INC. Matthew B. Smedley Wetland Scientist Environmental Division ~i FIGURE 1: APPROXIMATE WETLAND LOCATION MAP ^ Potential Wetland Area Hand held GPS unit measured area within boundary to be 6,300 square feet f„=~,. 1 Prepared For: Justin Moffett Project Name: Blackwell Property ~~ Prepared By: Alt & Witzig Engineering, Inc. Project No: Date: 09IN0109 04/09