MEETING AGENDA. Johnson County Advisory Plan Commission January 22, 2018, 6:00 PM Auditorium, West Annex Building 86 West Court Street, Franklin, IN

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1 JOHNSON COUNTY Department of Planning and Zoning Phone: (317) West Court Street Fax: (317) Courthouse Annex Franklin, Indiana MEETING AGENDA Johnson County Advisory Plan Commission January 22, 2018, 6:00 PM Auditorium, West Annex Building 86 West Court Street, Franklin, IN CALL TO ORDER APPROVAL of MINUTES Minutes from the December 18, 2017 meeting. PUBLIC HEARINGS CONTINUED HEARINGS M Copenhaver Farms Minor Plat. Shelbyville & Acton Roads... page 3 Request for preliminary approval of a four-lot minor subdivision. NEW HEARINGS M Fairview Properties Minor Plat W 300 S, Trafalgar... page 13 Request for preliminary approval of a four-lot minor subdivision, and a waiver of the maximum depth-width ratio requirement for proposed Lot 1. W Devore Waiver E 500 N (approximate address)... page 25 Request for approval of a Waiver from the Johnson County Subdivision Control Ordinance to allow for a six-acre lot in a Roadside Subdivision (new lots created via the Roadside Subdivision process must be exactly two acres in area). 1

2 OLD BUSINESS None. NEW BUSINESS None. Forslund Woods Major Plat Extension. Request for an extension of the Forslund Woods Major Plat, which was approved by the Plan Commission on May 18, 2015, and which expired May 18, REPORTS and RECOMMENDATIONS 1. Proposed amendment to the Subdivision Control Ordinance to clarify drainage requirements within Subdivisions... page Proposed Amendment to the Plan Commission Rules of Procedure to discourage advance communication with Plan Commission members from petitioners and remonstrators... page 35 ADJOURNMENT The next meeting of the Johnson County Advisory Plan Commission is scheduled for February 26, 2018 at 6:00 PM in the public auditorium of the Courthouse West Annex Building. 2

3 Staff Report CASE NUMBER: LOCATION: PETITIONER: M-6-17, Copenhaver Minor Subdivision southwest corner of the intersection of Shelbyville and Acton Roads Thessalonica, Inc., by Donna Smithers This case was continued from the December 18, 2017 hearing to the January 22, 2018 hearing, at the recommendation of staff, to allow for new public notification of an additional waiver request. Upon closer scrutiny of the requirements of the Subdivision Control Ordinance, however, it was determined that the additional waiver request was not necessary for the subdivision as proposed. STAFF RECOMMENDATION Staff recommends approval of this request subject to satisfaction of all conditions requested by the Technical Review Committee, Drainage Board and checkpoint agencies. Further detail will be provided at the hearing. PROPERTY DESCRIPTION This acre site is zoned R-1 (Single-Family Residential), is unimproved, and is wholly used agriculturally. The M. Francis Arm of the Rouse Legal Drain runs through the northeast corner of the site, from Shelbyville Road southeast to Acton Road. An associated legal drain easement extends 75 feet from either side, measured from top of bank. Approximately one-third of the site, at the northeast corner along either side of the legal drain, is located within the 100-year flood hazard area. The site is surrounded generally by property used and zoned agriculturally in all directions, though single-family dwellings abut to the northwest, southeast, and east, across Acton Road. This site was rezoned from A-1 (Agricultural) to R-1 (Single-Family Dwelling) in October Commitments associated with that rezoning case, included in this report, restrict site development and impose design guidelines on any structure constructed on the property. PROPOSED MINOR PLAT This request, if approved, would provide for subdivision of the subject site into four lots: twin two-acre lots ("Lot 1" and "Lot 2") fronting Shelbyville Road at the northwest corner of the site; a 3.71-acre flag lot ("Lot 3") south of Lots 1 and 2, also accessed from Shelbyville Road; and a acre remainder lot ("Lot 4") which wholly contains the M. Francis Arm of the Rouse Legal Drain and the site's flood hazard area, and which gains shared access via Lot 3's frontage along Shelbyville Road. The minor plat as proposed meets all requirements of the Johnson County Zoning Ordinance and Subdivision Control Ordinance. GENERAL TERMS AND CONDITIONS Technical Review Committee The Technical Review Committee reviewed the Copenhaver Farms Minor Sketch Plan on October 25, 2017 and its comments are included in the attached Technical Review Committee Letter. As of this writing, most of that committee's conditions have been addressed. Those which remain unresolved will be addressed in turn at the hearing. 3

4 Johnson County Drainage Board The Johnson County Drainage Board reviewed and approved the drainage plan for the Copenhaver Farms Minor Plat at its December 5, 2017 meeting. The Drainage Board's approval includes a waiver of offsite discharge and detention requirements, as detailed further in the attached Drainage Board report. Johnson County Planning Engineer, Johnson County Health Department, Johnson County Highway Department, Johnson County GIS Department, Trafalgar Fire Department, Johnson County REMC Each of the above entities has reviewed this petition and has indicated no objections. GENERAL INFORMATION Surveyor: Donna Smithers Northpointe Engineering & Surveying, Inc South East Street, Suite B Indianapolis, IN Owner: Area: Current Zoning: Existing Land Use: Comprehensive Plan: Thessalonica, Inc Southeastern Avenue Indianapolis, IN acres R-1 (Single-Family Residential) Agricultural Agricultural -DLH 4

5 Copenhaver Farms Proposed Minor Plat N 5

6 Proposed Copenhaver Farms Minor Plat N 6

7 Rezoning Case Z-4-17 Commitments 7

8 Drainage Board Approval Letter, December 5,

9 Drainage Board Review Letter, November 20,

10 Technical Review Committee Review Letter, October 25, 2017 PAGE 1/3 10

11 Technical Review Committee Review Letter, October 25, 2017 PAGE 2/3 11

12 Technical Review Committee Review Letter, October 25, 2017 PAGE 3/3 12

13 Staff Report CASE NUMBER: ADDRESS: PETITIONER: M-1-18, Fairview Properties Minor Subdivision 1981 W 300 S, Trafalgar R. J. McConnell, by Bradley Ott STAFF RECOMMENDATION Staff recommends approval of this Minor Plat and Waiver request subject to satisfaction of all amendments requested by the Technical Review Committee, Drainage Board, and checkpoint agencies. Further detail will be provided verbally at the hearing. PROPERTY DESCRIPTION This 55-acre site is zoned R-2 (Single-Family Residential), is located just east of the intersection of 300 S and 225 W, and consists currently of five separate parcels, two of which are improved with single-family dwellings and associated accessory structures. The site is bisected north to south by Ray Creek. Approximately two-thirds of the site is used agriculturally, with the remainder used for residential purposes. The surrounding area is very heavily agricultural, with occasional single-family dwellings intermingled, all zoned A-1. Fair Haven Christian Church is a quarter-mile to the east, on the north side of 300 S. PROPOSED MINOR PLAT This request, if approved, would provide for the subdivision of the subject site into four lots, two of which are already improved with single-family dwellings (proposed Lots 1 and 4), and two of which would be buildable (proposed Lots 2 and 3). The petitioner has indicated that there is no intention to develop proposed Lot 3, though the lot would be eligible for future development of a single-family dwelling. All four lots would gain vehicular access from 300 S. All four lots would be served by individual private wells and sanitary septic systems. WAIVER REQUEST This petition also includes a Waiver request to allow for a lot (proposed Lot 1) with an approximate 5:1 depth-to-width ratio, whereas the Subdivision Control Ordinance requires a depth-width ratio no greater than 2:1 for any lot under five acres. This maximum 2:1 depth-width requirement is intended to assure an orderly and logical development pattern within the county's rural areas, chiefly by preventing long, narrow lots and by limiting flag lots. Here, proposed Lot 1 would have an approximately 5:1 depth-width ratio. However, the deviation from the 2:1 depth-width ratio is merited as the proposed lot is already existing and developed, and its boundaries are constrained to the north by 300 S, to the south by Ray Creek, to the west by a developed lot, and to the east by an unaffiliated property. 13

14 STAFF ANALYSIS OF FINDINGS OF FACT The granting of the waiver will not be detrimental to the public safety, health, or welfare, or be injurious to nearby property; Staff Analysis: Grant of the waiver would not impact, and therefore would not be detrimental to, public safety, health or welfare, and would not be injurious to nearby property. The conditions upon which the request for a waivers are based are unique to the property for which the waiver is sought and are not applicable generally to other properties; Staff Analysis: Grant of the waiver would legally establish split of the property in a manner largely guided by the existing constraining features which are unique to the property. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if this Ordinance is strictly adhered to; Staff Analysis: The subject lot is already established and developed as a single-family dwelling lot. The waivers will not, in any manner, contravene provisions of the Zoning Ordinance, Comprehensive Plan, or Official Map, as interpreted by the Commission. Staff Analysis: The Comprehensive Plan designates the future land use of the property as agricultural. Grant of these waivers would allow for development and use of the property in a manner fitting and reinforcing the heavily rural and agricultural nature of the surrounding area. GENERAL TERMS AND CONDITIONS Technical Review Committee The Technical Review Committee reviewed the Fairview Estates Minor Sketch Plan on December 13, 2017 and its comments are included in the attached Technical Review Committee Letter. As of this writing, most of that committee's conditions have been addressed. Those which remain unresolved will be addressed in turn at the hearing. Johnson County Drainage Board The Johnson County Drainage Board reviewed and approved the drainage plan for the Fairview Estates Minor Plat at its January 2, 2018 meeting. The Drainage Board's approval included a waiver of offsite discharge and detention requirements, as detailed further in the attached Drainage Board report. Johnson County Planning Engineer, Johnson County Health Department, Johnson County Highway Department, Johnson County GIS Department, Trafalgar Fire Department, Johnson County REMC Each of the above entities has reviewed this petition and has indicated no objections. GENERAL INFORMATION Surveyor: Bradley Ott 675 North Main Street Franklin, IN

15 Owner: Subdivider: Area: Current Zoning: Existing Land Use: Comprehensive Plan: Fairview Properties, LLC 2069 W 300 S Franklin, IN Fairview Properties, LLC 2069 W 300 S Franklin, IN acres R-2 (Single-Family Residential) Agricultural and Residential Agricultural -DLH 15

16 Proposed Fairview Properties Minor Subdivision

17 Existing Conditions: Proposed Fairview Properties Minor Subdivision 4 1 Remaining Tract

18 Drainage Board Approval Letter, January 2,

19 Drainage Board Review Letter, December 13,

20 Technical Review Committee Review Letter, December 13, 2017 PAGE 1/2 20

21 Technical Review Committee Review Letter, December 13, 2017 PAGE 2/2 21

22 Johnson County Highway Department Review Memorandum December 12,

23 Photo 1: Entrance to existing dwelling at 2069 W 300 S (proposed Lot 4). Photo 2: Existing neighboring dwelling on north side of street, at 2036 W 300 S (not included in proposed plat). 23

24 Photo 3: Existing dwelling at 1981 W 300 S (proposed Lot 1). Photo 4: Looking east along 300 S, from proposed Lot 1. 24

25 Staff Report CASE NUMBER: ADDRESS: PETITIONER: W-1-18, Devore Waiver approximately 4650 E 500 N Jeff Devore REQUEST The petitioner is seeking a waiver of the requirements of the Johnson County Subdivision Control Ordinance to allow for a six-acre lot in a Roadside Subdivision (new lots created via the Roadside Subdivision process must be exactly two acres in area). STAFF RECOMMENDATION Staff recommends denial of this request. PROPERTY DESCRIPTION This 140-acre site is zoned A-1 (Agricultural), is unimproved, and is used agriculturally. The site is surrounded on all sides by large tracts of land used agriculturally, and occasional single-family dwellings, all zoned A-1. WAIVER REQUEST New lots created via the Roadside Subdivision process are required to be exactly two acres in area. The two-acre minimum ensures that a new lot has enough area - but no more than is necessary - to accommodate a septic system. The two-acre maximum, implemented county-wide over time, is intended to preserve the amount of land available for agricultural use within the county. This waiver request, if approved, would allow for subsequent subdivision of this 140-acre property into two lots: 1) a new, buildable six-acre lot, and 2) the 134-acre remainder lot. Approval of the waiver, and the proposed six-acre lot, would allow for development of a new dwelling a substantial distance from 500 N, while still meeting road frontage requirements. Adherence to the requirements of the Subdivision Control Ordinance, however, would result in no discernible hardship for the petitioner. The property may be split, without need for a waiver, into one or more two-acre lots, allowing for additional development with single-family dwellings similar to that which exists along this stretch of 500 N. There are no topographical or other physical constraints which would suggest a waiver is merited for this specific property. FINDINGS OF FACT, STAFF ANALYSIS The granting of the waiver will not be detrimental to the public safety, health, or welfare or be injurious to nearby property; 25

26 Staff Analysis: The division of the property would not impact the general public. Any future development of the site would need to comply with building code and other applicable regulations. The conditions upon which the request for a waiver are based are unique to the property for which the waiver is sought and are not applicable generally to other properties Staff Analysis: There are no conditions unique to this property which warrant grant of a waiver. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if this Ordinance is strictly adhered to; Staff Analysis: There is no demonstrated hardship that would result from strict adherence to the ordinance. The waiver will not, in any manner, contravene provisions of the Zoning Ordinance, Comprehensive Plan, or Official Map, as interpreted by the Commission. Staff Analysis: The Future Land Use Map of the Comprehensive Plan identifies the future land use of the property as agricultural. The proposed subdivision would provide for a residential density consistent with the Plan recommendation. The proposal complies with all development standards identified in the Zoning Ordinance. GENERAL INFORMATION Subdivider: Chester Devore 4921 E 500 N Franklin, IN Owner: Same Current Zoning: Existing Land Use: Future Land Use: A-1 (Agricultural) Agricultural Agricultural -DLH- 26

27 W-1-18 WAIVER, BASE MAP subjject siite 27

28 W-1-18 WAIVER, PROPOSED ROADSIDE SUBDIVISION 28

29 W-1-18 PETITIONER'S FINDINGS OF FACT 29

30 1. Proposed amendment to the Subdivision Control Ordinance to clarify drainage requirements within Minor Subdivisions The Johnson County Drainage Board recommends the changes to the Johnson County Subdivision Control Ordinance indicated below to better deal with frequent waiver requests within Subdivisions, and to generally clarify and correct unclear language. C. DRAINAGE 1. A drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of surface water from the entire subdivision and the drainage area of which it is a part. The system shall be constructed and installed in accordance with plans and specifications approved by the County Commissioners and Drainage Board. 2. In designing a drainage system, the subdivider shall be guided by the following minimum standards: a. Storm street inlets placed in a low point shall be sized to accept a ten-year storm volume with fifty percent (50%) of the inlet clogged and no more than one-half (2) foot of water pooling above the inlet. b. Storm swale inlets shall be sized to accept a ten-year storm volume with fifty percent (50%) of the inlet clogged and no more than eight-tenths (0.8) of a foot of water pooling above the inlet. c. The storm detention design shall outlet storm water at a two-year pre-developed rainfall event rate for a ten-year post-developed storm. Also, the 100-year postdeveloped storm shall be limited to the ten-year pre-developed outlet rate. i. For Minor Subdivisions Only: The 100-year post-developed storm shall be limited to the 100-year pre-developed storm outlet rate. The design shall consider a minimum 5,000 square feet of additional impervious coverage for each new lot. d. Storm pipes shall be reinforced concrete, Class III, with type B wall thickness, with gasket fitting. Alternate materials may be used upon approval by the County Planning Engineer. The minimum pipe size shall be fifteen inches (15") in diameter. The minimum pipe flow velocity shall be two and one-half (2.5) feet per second..any waiver of the flow velocity requirements set forth in this section shall additionally be subject to the following conditions: i. The waiver shall apply only to the upper-most basin area of the first pipe in a series of structures, and 30

31 ii. the minimum pipe flow velocity shall be 2.0 feet per second. e. Drainage swales with longitudinal slopes flatter than one percent (1.0%) shall consist of six-inch (6") thick reinforced concrete. Such swales shall have a minimum width of three (3) feet, and have a shape and jointing pattern approved by the County Planning Engineer. Alternative type swale treatments shall be subject to approval of the County Planning Engineer. f. All overland flow time-of-concentration values shall be based on Figure 6, 'Overland Flow and Runoff Coefficient,' located in the Appendix of this Ordinance. g. Exposed ends of storm pipes shall have six-inch (6") thick reinforced concrete slope walls or reinforced concrete, Class III end sections, with type B wall thickness and with toe walls, placed as directed by the County Planning Engineer. h. All streets shall be provided with an adequate storm drainage system consisting of curbs, gutters, and storm sewers, or side ditches and culverts, as determined by the Commission and the Drainage Board. A six-inch (6") perforated tile shall be placed on each side of all streets and: i. Be two feet, zero inches (2'-0") below the soil subgrade and parallel with the longitudinal pavement grade; ii. iii. iv. Flow to the low point and into the storm drainage system; Be placed below pavement at the inside face of the curbing; and Be backfilled with #8 washed gravel. i. Inlets in streets shall be spaced a maximum of five hundred (500) feet apart, or five hundred (500) feet from the high point in the street. j. Downspouts and sump pump outlets shall discharge onto grass surface no closer than the building setback line. k. The on-site drainage system shall be designed and sized to handle, flowing full, a minimum of a ten-year rainfall event. The developer is responsible for analyzing the ponding and results of a 100-year rainfall event and establishing flood protection grade for all structures and verifying an adequate outlet for the 100-year storm with the storm pipe system completely plugged. l. Detention design shall conform to current Soil Conservation Service methods for drainage, or an approved equal. The design shall include an analysis of all storm 31

32 durations (1, 2, 3, 6, 12, and 24 hours) to determine the critical peak to be used. The Rational Method is acceptable for pipe design only. m. Wet detention ponds shall have a minimum six-foot (6') wide safety ledge placed below water level at a minimum water depth of eighteen inches (18 ) and at a maximum water depth of thirty inches (30"). Also, wet detention ponds shall have at least twenty-five percent (25%) of the pond surface with a minimum water depth of eight (8) feet. n. For commercial or industrial sites; major residential, commercial, and industrial subdivisions; and minor commercial and industrial subdivisions, the pre-developed runoff rates shall be based on either Pasture, Meadow, Brush or Woods ground cover type in good hydrologic condition. Any existing farm ground will be based on the pasture cover type, in good hydrologic condition. o. For minor subdivisions, the pre-developed runoff rates shall be based on actual ground cover type. p. Any dry detention facilities must be designed with sub-surface drainage. q. Whenever evidence available to the Commission indicates natural surface drainage to be inadequate, the subdivider shall provide an adequate storm water sewer system. When the surface drainage is adequate, easements for such surface drainage shall be provided. r. The developer shall provide a water quality detention system that is designed to detain, for over 24 hours after peak runoff, at least twenty percent (20%) of the runoff from either a one and one-quarter inch (1 1/4") storm or one-half inch (0.5") of direct runoff, whichever is greater. All paved areas shall be routed through a water quality detention area. The minimum water quality outlet shall be two inches (2") in diameter. s. The developer shall provide a plan for the continuation of underground drainage tiles. t. Outlet pipes from retention ponds must be discharged into a natural ditch, a defined swale, or into a discharge control structure that will eliminate erosion down grade. Outlet pipes shall not be discharged onto an existing tillable field. u. The developer shall provide a topographic map indicating the contour lines at twofoot (2') intervals within six hundred (600) feet of the proposed development. 32

33 v. Concrete riser rings shall be permitted in order to allow structures to be adjusted up to a maximum of one (1.0) foot. w. All structures should be sized to allow inspection and maintenance. x. When practical, all storm water All stormwater outlets discharging into a detention facility will shall be located in the upper two-thirds (2/3) of the basin. 3. When vegetation has been removed from a slope and the possibility of soil erosion occurs, the subdivider or lot owner shall be required to seed or otherwise prevent damage to adjacent property or accumulation on street surfaces. These erosion control measures shall be in accordance with standards and specifications of the on file with the Johnson County Soil and Water Conservation District current Indiana Storm Water Quality Manual. 4. Drainage Swales a. Drainage swales or ditches along dedicated roadways and within rights-of-way, or on dedicated easements, are not to be altered in any way without written permission from the County Highway Department and/or the County Department of Planning, as applicable. b. The builder shall provide an Elevation Certificate, stamped by a licensed land surveyor or physical engineer, for approved drainage swales prior to issuance of an Occupancy Permit for a principal building. c. Property owners must maintain these swales as sodded grassways grass ways or other non-eroding surfaces at the elevations and grades shown on the approved plans. d. Water from roofs or parking areas must be contained on the property long enough so that drainage swales or ditches will not be damaged by such water. e. Driveways may be constructed over these swales or ditches only when appropriately-sized culverts or other approved structures have been permitted by the Drainage Board and/or County Highway Department. Swales on private property shall be regulated by the covenants. or Legal Drain System. 5. Prior to obtaining final drainage approval, the developer shall submit a copy of a petition for establishing the drainage facilities within a subdivision as a legal drain or private Homeowners= Association maintenance of the drainage system. Said petition shall comply with the requirements of IC , et. seq., and include any storm sewers, ditches, rear yard swales, or portions thereof, as the Drainage Board indicates agree to 33

34 include the following language on the final plat as a covenant: The maintenance of the storm drainage system for this subdivision by the Homeowners Association shall include but not be limited to the maintenance of all detention areas, inlet structures, manholes, pipes, open ditches, swales and paved swales. The costs and expenses of such maintenance of the storm drainage system shall be assessed as part of the general assessment against the owners of all lots in this subdivision as provided in the Declaration and shall be secured by a lien against all lots in this subdivision. Johnson County Commissioners do not maintain the storm drainage system.. 6. The altering, changing, or damaging of swales, ditches, or drainage structures, as shown on approved construction plans, will be considered a violation of this Ordinance and subject to the enforcement procedures contained herein. 34

35 2. Proposed amendment to the Plan Commission Rules of Procedure. ARTICLE IV PUBLIC HEARINGS Section 2. Conduct g. Advice - Informal requests for advice and moot questions will not be considered by the Plan Commission. Any advice, opinion, or information given by any Commission member, or any other official or employee of Johnson County, shall not be binding on the Plan Commission. Because of the annoyance caused by individuals appealing personally to members of the Commission, it is declared to be the policy of the Commission to discourage any such personal appeals, and to refer such questions to the staff. The Planning and Zoning Director and staff are authorized to answer questions regarding the codes, to provide professional interpretations of the Comprehensive Plan, and to provide general assistance, but the decisions of the Plan Commission are not bound by any staff advice, interpretations or opinions. 35