Johnson County Plan Commission

Transcription

1 JOHNSON COUNTY Department of Planning and Zoning Phone: (317) West Court Street Fax: (317) Courthouse Annex Website: Franklin, Indiana Johnson County Plan Commission August 28, 2017 at 6:00 PM

2 Table of Contents Agenda... 1 Minutes to be Approved... 3 M Minett Minor Plat- Preliminary Approval... 6 Staff Report...6 Technical Review Comments... 8 Surrounding Development Map Preliminary Plat M Re-plat of Lot 1, Silver Springs Stock Farm Mini-Subdivision - Preliminary Approval Staff Report Technical Review Comments Surrounding Development Map Preliminary Plat Re-plat of Lot 2, Dunbar Subdivision - Preliminary Approval Staff Report Surrounding Development Map Preliminary Plat Z Thessalonica Inc. Rezoning (A-1 to R-1) Staff Report Surrounding Development Map Proposed Subdivision W Zeis Waiver Staff Report Petitioner's Findings of Fact Surrounding Development Map W Willis Waiver Staff Report Petitioner's Findings of Fact Signed Letter Surrounding Development Map... 46

3 JOHNSON COUNTY Department of Planning and Zoning Phone: (317) West Court Street Fax: (317) Courthouse Annex Website: Franklin, Indiana MEETING AGENDA Johnson County Advisory Plan Commission August 28, 2017, 6:00 p.m. The Johnson County Advisory Plan Commission will meet Monday evening, August 28, 2017 at 6:00 p.m. in the Auditorium of the Courthouse Annex. The following items of business are on the agenda: CALL TO ORDER APPROVAL OF MINUTES Minutes from the July 24, 2017 meeting. PUBLIC HEARINGS CONTINUED HEARINGS None. NEW HEARINGS M-3-17 Minett Minor Plat The Plan Commission is to consider a request for preliminary approval of a two lot minor subdivision. The property is located in Section 25, Township 12, Range 3 in Union Township at the address 2635 W 100 S. M-5-93 Re-plat of Lot 1 in Silver Springs Stock Farm Mini Subdivision The Plan Commission is to consider a request for preliminary approval of a re-plat of one lot in a minor subdivision into two lots. The property is located in Section 16, Township 13, Range 3 in White River Township at the address 5171 Travis Rd. Re-plat of Lot 2 in Dunbar Subdivision The Plan Commission is to consider a request for preliminary approval of a re-plat of one lot in a subdivision. The property is located in Section 3, Township 13, Range 5 in Clark Township at the address 8573 N 700 E. Page 1

4 Z-4-17 Thessalonica Inc. Rezoning A request to rezone 19 acres from A-1 (Agricultural) to R-1 (Single Family Residential) to provide for the development of a 4- lot minor single-family residential subdivision. The property is located in Clark Township at the southwest corner of Shelbyville Rd. & Acton Rd. W Zeis Waiver A request for a waiver from the Roadside Subdivision regulations of the Subdivision Control Ordinance. The property is located in Clark Township immediately west of 4188 Watson Rd. W Willis Waiver A request for a waiver from the Roadside Subdivision regulations of the Subdivision Control Ordinance. The property is located in Clark Township on Matthews Rd, north of Watson Rd. OLD BUSINESS None. NEW BUSINESS None. REPORTS AND RECOMMENDATIONS None. ADJOURNMENT The next meeting of the Johnson County Advisory Plan Commission is scheduled for September 25, 2017 at 6:00 p.m. in the Auditorium of the Courthouse Annex. Page 2

5 Johnson County Advisory Plan Commission July 24, 2017 Meeting Minutes The Johnson County Advisory Plan Commission met on Monday, July 24, 2017 in the Johnson County Courthouse Annex Auditorium. The meeting was called to order at 7:04 PM by Chairman McGinnis. Roll Call: Present: Ron West, Chad Bowman, Sarah Hanson, Gregg Cantwell, John Schilling, Dan Cartwright, Pete Ketchum, Pat Vercauteren, Kevin McGinnis, William Barrett, Legal Counsel (Not voting), David Hittle, Director (Not voting), Desiree Calderella, Senior Planner (Not voting). Approval of Meeting Minutes: Motion: Approval of meeting minutes as presented, Action: Approve, Moved by Pat Vercauteren, Seconded by Gregg Cantwell. Motion passed unanimously. Public Hearings Continued Hearings None New Hearings Z 3 17 Patel Rezoning Desiree Calderella began by reading the Staff Report into record. A copy of which is now in the petitioner's folder and also in the Plan Commission binder in the office. Prior to beginning Desiree pointed out that there is a new revised version that the board has tonight that is different from what is in the Staff Report. Petitioner is seeking to rezone 26 acres from R R (Rural Residential) to R 1 (Single Family Residential. Desiree stated the reasoning beind the request is due to the fact that the developer wants a few lots to be less than 1 acre, which is not allowed in its current R R district. The development would include 17 lots ranging in lot sizes of.6 of an acre to 1.95 acres, with an overall density of 1 unit per 1.5 acres. Desiree stated the density matches the current zoning but the developer stated due to topography the lots could not all be larger than the required 1 acre. Developer is planning on installing a private road built to county standards with a gate, there is an existing pond on site that will be upgraded to accommodate drainage. The current house and accessory structures that are on the proposed lot 1 will remain. Developer is planning on having custom homes between 500K 750K, but have not chosen a builder as of yet. Staff is recommending approval based on the following reasons: 1. Staff doesn't believe there will be any negative impact in the character of the surrounding area. 2. It's consistent with the future land use map in the Comprehensive Plan as it does recommend Rural Residential for this area, and although Page 3

6 they are rezoning this area the overall density still matches what the Comprehensive Plan has recommended. However, Staff believes that the Plan Commission should impose some commitments to ensure that this is compliant with the goals and the policies of the Comprehensive Plan. The petitioner has read and agreed with Staff on the following commitments: 1. The number of lots shall not exceed 17, 2. The exterior of all homes shall consist of at least 75% brick, stone, or other masonry material, exclusive of windows, doors, trim, porches, and gable areas. Vinyl siding shall not be permitted, 3. An amenity plan including items such as street trees, benches, gazebos, and common area landscaping, shall be approved by the Department of Planning & Zoning and installed prior to approval of final plat. 4. At least 1.5 acres of the southeast corner of the property shall be designated as a tree preservation easement on the plat. Desiree stated that the developer stated due to the topography they could only designate 1.5 acres vs. the original 2 acres as noted on the Staff Report. 5. A multi use path within the road right of way, designed per the guidelines of the MPO Regional Pedestrian Plan adopted November 2006, shall be installed prior to approval of final plat. 6. The entrance to the subdivision shall be in line with Woodland Streams Drive. 7. The pond within the right of way shall be removed prior to approval of a final plat. William Barrett administered the oath of a witness. Trent Newport with Crossroads Engineers came forward on behalf of the petitioner. There was then some general discussion between Staff, the Board and Mr. Newport regarding the multi use path noted by Staff earlier. Mr. Cantwell asked if Lot 1 would have to adhere to the commitments, Mr. Newport and Ms. Calderella stated in its current state with the existing structures it does not to adhere to the commitments but once redeveloped or existing structures torn down and rebuilt it would have to comply with the commitments of the development. There was then some general discussion regarding commitment #2 as noted by Staff. Glinda Weber was the first person to come forward, she stated she lives in Sycamore Ridge which is directly west of the subject property. *For record purposes, her address is 4053 Bayberry Way Greenwood. She stated she was curious as to the timing of development and when building would begin. Mr. Newport stated he did not have a good answer for her as this is the first step in a big process, but he did not believe anything would happen this year. Tracey Brown was the second person to come forward, she is a broker with Carpenter Realty and represents Charlie Milam who owns 4445 W. Smokey Row Road (part of the subject property). She asked for clarification in the change of zoning as they were under the presumption that the change of zoning would not occur until the sale of the property. Chairman McGinnis stated no, once it passes the Plan Commission and then it would go to the Commissioners. If the Commissioners approve this, the property would then be rezoned. Ms. Brown asked if they could request this be contingent on the sale of the property, Mr. Barrett stated no she could have her contract read that the rezoning is contingent on the sale of the property. Hearing no further questions or comments, Chairman McGinnis called for a motion. There was then further discussion regarding commitment #2 and the wording of the commitment. Motion: Motion only to change the wording of Commitment 2 to read "exterior walls of all homes shalll consist Page 4

7 of 75% brick or stone material, exclusive of windows, doors, trim, and gable areas. Vinyl Siding shall not be permitted." Action: Approve, Moved by Dan Cartwright. None Seconded Desiree clarified that commitment #2 could be negotiated between the Staff and the petitioner. After further discussion, commitment #2 was changed to read, Mr. Newport asked for clarification if that included porches, Mr. Cartwright stated no the commitment states exterior walls of the home and the porch is not the exterior wall of the home. Motion: Move to approve with revised commitment #2 as noted above and agreed upon by Petitioner, Action: Approve, Moved by Dan Cartwright, Seconded by Gregg Cantwell. Motion passed unanimously. Discussion regarding an amendment of Zoning Ordinance to allow accessory apartments (mother in law quarters) by right in agricultural and residential districts. Staff wished to get the Board's feedback on allowing these "by right" versus having them file for variances to go thru the Board of Zoning Appeals. There was then general discussion. Staff will go back and draft an amendment to present based on the Board's input. Seeing no further business brought before the Board a motion as made to adjourn. Motion: adjourn meeting, Action: Adjourn, Moved by Dan Cartwright, Seconded by Ron West. Motion passed unanimously. Approved on: August 28, 2017 By: Kevin McGinnis, Chairman Attested By: Pat Vercauteren, Secretary Page 5

8 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA M WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 1 OF 2 Staff Report Case Number: Case Name: M-3-17 MINETT MINOR PLAT PRELIMINARY APPROVAL CASE DESCRIPTION The Plan Commission is to consider a request for preliminary approval of a two lot minor subdivision. The property is located in Section 25, Township 12, Range 3 in Union Township at the address 2635 W 100 S. Proposed Lot 1 of the subdivision would include an existing single-family residence, barn, septic system, well, and driveway. A family member of the current property owner plans to build a single-family residence on proposed Lot 2. The plat includes a drainage and maintenance easement over an existing drainage swale on the property. CASE HISTORY In May of 2017 the property owner applied to rezone the property from A-1 (Agriculture) to RR (Rural Residential) to allow for subdivision of the property into two lots (properties under 12 acres cannot be subdivided in the A-1 District) On June 26, 2017, the Plan Commission forwarded a favorable recommendation to the County Commissioners to rezone the subject property with a commitment that the property cannot be subdivided into more than two lots. The County Commissioners approved the rezoning with the commitment on July 20, GENERAL TERMS AND CONDITIONS Technical Review Committee The Technical Review Committee reviewed the sketch plan for Minett Minor Plat on July 26, 2017 and their comments are included in the Technical Review Letter on the following pages. At the time of the writing of this Staff Report, the petitioner has addressed all comments except for approval from the Johnson County Highway Department, Johnson County Health Department, and the electrical service provider. The Commission should only approve the plat with a condition that the petitioner address these comments. Johnson County Drainage Board The Johnson County Drainage Board reviewed and approved the drainage plan for the proposed subdivision at their August 1, 2017 meeting with a waiver of offsite discharge and onsite detention requirements. The Planning Engineer stated that onsite detention is not necessary because the discharge increase is minimal for the size of the site, and because a majority of the site will remain undisturbed. The Planning Engineer, Johnson County Health Department, and Bargersville Fire Department have reviewed and approved this petition. Page 6

9 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA M WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 2 OF 2 STAFF RECOMMENDATION Staff recommends approval subject to: 1. Johnson County GIS approval of the plat perimeter legal description. 2. Johnson County Highway Department approval. 3. Electrical service provider approval. GENERAL INFORMATION Surveyor: Maurer Surveying, Inc W Smith Valley Rd. Greenwood, IN Owner: Area: Current Zoning: Existing Land Use: Comprehensive Plan: Kenneth L. & Connie B. Minett 2635 W 100 S Franklin, IN acres RR (Rural Residential) Residential Agricultural Page 7

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12 «135 SR 135 Page 10 A S ² Johnson County Planning Department 86 West Court Street Franklin, Indiana (317) SURROUNDING DEVELOPMENT STD SPARK R-R R-5 R-4 R-3 R-2 R-1 PUD MIL I-2 I-1 CITY BUF B-2 B-1 A-1 CODE <all other values> Zoning Legend M-3-17 MINETT 2635 W 100 S

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14 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA M WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 1 OF 3 Staff Report Case Number: Case Name: M-5-93 REPLAT OF LOT 1 IN SILVER SPRINGS STOCK FARM MINI- SUBDIVISION PRELIMINARY APPROVAL CASE DESCRIPTION The Plan Commission is to consider a request for preliminary approval of re-plat of one lot in a minor subdivision into two lots. The property is located in Section 16, Township 13, Range 3 in White River Township at the address 5171 Travis Rd. Proposed Lot 1A of the subdivision would include an existing single-family residence, detached garage, accessory building, septic system, and two driveways. A family member of the current property owner plans to live in the existing house and the property owner plans to build a smaller single-family residence on Lot 1B. The plat includes a drainage tile easement also included on the original plat that intersects both lots. An existing driveway on Lot 1A encroaches over the existing drainage tile easement and over a proposed 10-foot utility and drainage easement. The Subdivision Control Ordinance requires an easement along all the property line and does not permit driveways in easements. Therefore, the existing driveway may remain in the easements only upon grant of a waiver from the Plan Commission. CASE HISTORY The subject property is included in a three-lot plat originally subdivided in All three lots currently include single-family residences and accessory structures. In June of 2017 the Board of Zoning Appeals granted a variance to allow for the subdivision of the property into lots less than 2-acres. The Zoning Ordinance indicates a minimum lot size of 2- acres for any property utilizing a septic system. The Johnson County Health Department reviewed and approved a septic design for Lot 2A prior to approval of the variance. WAIVER - 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: Drainage and utility easements provide dedicated space for utilities that serve the property and adjoining properties and allow for adequate drainage facilities that impact the property and adjoining properties. Drainage and utility easements do not affect the general public. 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: The property has less acreage than typical properties having drainage Page 12

15 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA M WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 2 OF 3 and utility easements, tile easements., and septic systems. The easements limit the available area for improvements 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; and Staff Analysis: The property owner would need to relocate as established driveway. 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 waiver request does not violate the provisions of the Zoning Ordinance or conflict with the future land use, goals, or policies of the Comprehensive Plan. GENERAL TERMS AND CONDITIONS Technical Review Committee The Technical Review Committee reviewed the sketch plan for the Replat of Lot 1 In Silver Springs Stock Farm Mini-Subdivision on July 26, 2017 and their comments are included in the Technical Review Letter on the following pages. The petitioner has addressed all comments for approval from the Johnson County Highway Department, Johnson County Health Department, and the electrical service provider. The Commission should only approve the plat with a condition that the petitioner address these comments. Johnson County Drainage Board The Johnson County Drainage Board reviewed and approved the drainage plan for the proposed subdivision at their August 1, 2017 meeting with a waiver of offsite discharge and onsite detention requirements. The Planning Engineer stated that onsite detention is not necessary because the discharge increase is minimal for the size of the site, and because a majority of the site will remain undisturbed. The Planning Engineer, REMC, and Bargersville Fire Department have reviewed and approved this petition. STAFF RECOMMENDATION Staff recommends approval subject to: 1. Johnson County Highway Department approval. 2. Johnson County Health Department approval 3. Approval of a waiver to allow existing driveway to remain in an existing drainage tile easement and over a proposed 10-foot utility and drainage easement. GENERAL INFORMATION Surveyor: Maurer Surveying, Inc W Smith Valley Rd. Page 13

16 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA M WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 3 OF 3 Greenwood, IN Owner: Area: Current Zoning: Existing Land Use: Comprehensive Plan: Jerry W. & Nancy J. Dunn 5171 Travis Rd. Greenwood, IN acres R-1 (Single-Family Residential) Residential Rural Residential Page 14

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19 Page 17 CAMDEN LN NOTTINGHILL WAY TRAVIS RD R-1 R-2 ALDERSGATE DR CROMWELL CT NOTTINGHILL CT ² Johnson County Planning Department 86 West Court Street Franklin, Indiana (317) SURROUNDING DEVELOPMENT STD SPARK R-R R-5 R-4 R-3 R-2 R-1 PUD MIL I-2 I-1 CITY BUF B-2 B-1 A-1 CODE <all other values> Zoning Legend V DUNN 5171 TRAVIS RD.

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21 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIAN DUNBAR LOT 2 REPLAT 86 WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 1 OF 3 Staff Report Case Name: REPLAT OF LOT 2, DUNBAR SUBDIVISION PRELIMINARY APPROVAL CASE DESCRIPTION The Plan Commission is to consider a request for preliminary approval of re-plat of one lot in a minor subdivision. The property is located in Section 3, Township 13, Range 5 in Clark Township at the 8573 N 700 E. The subject property is included in a two-lot plat originally subdivided in The surveyor conducting the re-plat stated that the petitioner has commissioned the re-plat for the purpose of a land swap with the adjoining property owner. The petitioner plans to vacate the southern acres of Lot 2, currently used by an adjoining property owner to access his farmground. The petitioner plans to add 0.10 acres to the east side of Lot 2, which currently includes a barn used by the petitioner. Lot 2 Add to Lot 2 Barn currently used by petitioner Owned by adjoining owner -> swapped to petitioner Vacated portion of Lot 2 Currently used as farm access Owned by petitioner -> swapped to adjoining owner The re-plat requires a public hearing and approval from the Plan Commission due to the alteration of the exterior lot lines of the subdivision. The re-plat complies with all requirements of the Subdivision Control Ordinance except for the lack of a 20-foot Drainage and Utility Page 19

22 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIAN DUNBAR LOT 2 REPLAT 86 WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 2 OF 3 Easement along the rear lot line. Due to the location of the existing barn, the plat includes only a 5-foot easement along a portion of the rear lot line. Therefore, the petitioner has requested a waiver to allow for the reduction in the size of the easement. The existing barn encoraches into the existing 10-foot Drainage and Utility Easement, therefore the petitioner has removed the easement from the re-plat. The existing barn does also not comply with the 20-foot rear property line setback required by the Zoning Ordinances. This deviation from the Zoning Ordinance requires approval of a variance from the Board of Zoning Appeals. WAIVER - 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: Drainage and utility easements provide dedicated space for utilities that serve the property and adjoining properties and allow for adequate drainage facilities that impact the property and adjoining properties. Drainage and utility easements do not affect the general public. 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: The property adjoins a farmground rather than property developed with a residence. A reduction in the size of the easement will not impact the farmground. 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; and Staff Analysis: The property adjoins a farmground rather than property developed with a residence. A reduction in the size of the easement will not impact the farmground. 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: A reduction in the size of the easement does not violate the provisions of the Zoning Ordinance or conflict with the future land use, goals, or policies of the Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval subject to: 1. Written approval from utilities serving the property to remove the existing 10-foot Drainage and Utility Easement. 2. Approval of a variance to allow the existing barn 5-feet from the rear property line. 3. Approval of a waiver to allow for a 15-foot Drainage and Utility Easement along the rear property line. Page 20

23 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIAN DUNBAR LOT 2 REPLAT 86 WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 3 OF 3 GENERAL INFORMATION Surveyor: Range Line Surveying 67 E Walnut St. Fountaintown, IN Owners: Area: Current Zoning: Existing Land Use: Comprehensive Plan: Christine Clance 8573 N 700 E Indianapolis, IN acres R-1 (Single-Family Residential) Residential Agricultural Page 21

24 Page 22 C L A R K T W P 700 E/ACTON RD R-1 ² Johnson County Planning Department 86 West Court Street Franklin, Indiana (317) SURROUNDING DEVELOPMENT STD SPARK R-R R-5 R-4 R-3 R-2 R-1 PUD MIL I-2 I-1 CITY BUF B-2 B-1 A-1 CODE <all other values> Zoning Legend REPLAT LOT 2 DUNBAR 56 E 75 S

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26 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA Z WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 1 OF 5 Staff Report Case Number: Case Name: Z-4-17 THESSALONICA INC. REZONING (A-1 to R-1) PROPERTY & NEIGHBORHOOD DESCRIPTION The property is located in Section 28, Township 14, Range 5 in Clark Township at the southwest corner of Shelbyville Rd. and Acton Rd. Currently the property is used for agricultural crop production. The M. Francis Arm of the Rouse Legal Drain open ditch crosses the northeast corner of the subject property. A legal drain easement of 150-feet extends 75-feet from the top of bank on both sides of the ditch. The County Surveyor typically does not permit construction in legal drain easements. The surrounding area consists primarily of agricultural fields. However, seven single-family residences on lots ranging from 2 acres to 10 acres lie immediately south of the subject property. Also, a single-family residence on a 0.5 acre lot lies west of the subject property and a singlefamily residence on a 3-acre lots lies east of the subject property on the east side of Acton Rd. The neighborhood also includes two houses included on the Indiana Historic Sites and Structures Inventory, located at Acton Rd. and Acton Rd. REQUEST Rezoning of 19 acres from the A-1 (Agricultural) District to the R-1 (Single-Family Residential) District to provide for development of a four-lot, single-family minor residential subdivision. In accordance with IC , when considering a rezoning, the Plan Commission shall pay reasonable regard to: 1. The Comprehensive Plan 2. Current Conditions and the Character of Current Structures and Uses in Each District 3. The Most Desirable Use for Which the Land in Each District Is Adapted 4. The Conservation of Property Values throughout the Jurisdiction 5. Responsible Development and Growth CASE DESCRIPTION The petitioner plans to subdivide the property into four single-family residential building lots by Minor Plat. The Minor Plat process includes Technical Review Committee review, Drainage Board approval, and Plan Commission approval which would all occur after approval of the rezoning. The proposed subdivision layout would comply with the requirements of the Subdivision Control Ordinance and Zoning Ordinance. The petitioner has chosen to request a rezoning of the property to allow for more flexibility in the size and configuration of the lots. The Subdivision Control Ordinance only permits Roadside Page 24

27 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA Z WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 2 OF 5 Subdivisions in the A-1 District, which would only allow for the creation of three, exactly 2-acre lots and a reminder lot, each having at least 200 feet of road frontage. Proposed Subdivision Example Roadside Subdivision Permitted Without Rezoning Page 25

28 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA Z WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 3 OF 5 Adjacent property owners have voiced concerns to Staff regarding the current and potential drainage issues related to proposed Lot 4. They stated that heavy rain tends to flood the area proposed for Lot 4 and expressed concerns that development of that lot would cause flooding issues on adjoining property. Additional information is needed to determine the exact cause of any flooding issues on proposed Lot 4. COMPREHENSIVE PLAN The Johnson County Comprehensive Plan recommends future Agricultural use of the subject site: Pertinent Plan Policies: Minimize intrusion of non-agricultural uses into designated agricultural areas. Designate focus areas which should require higher quality/design standards. Adopt standards to implement LEED or environmentally sensitive development including building, infrastructure, and land use. o Continue to restrict development in the floodplain. STAFF ANALYSIS & RECOMMENDATION Staff has identified several valid reasons to recommend approval of the rezoning and to recommend denial of this rezoning, specifically: Reasons to Support a Rezoning The Comprehensive Plan identifies the area as a development opportunity due to its rural character and close proximity to Marion County. The size of the proposed lots resemble the size of the residential lots immediately south of the subject property. The property is located only half a mile south from single-family residential subdivisions in Marion County and only half a mile north of properties within the R-1 District in Johnson County. Approval of the rezoning would allow more flexibility in the size and configuration of Lot 4 which has limited developable area due to the open ditch legal drain. Reasons to Not Support a Rezoning The proposed development conflicts with the Future Land Use Map of the Comprehensive Plan. o The Comprehensive Plan s Future Land Use Map identifies the property as Agriculture. The Plan states: This land use designation is intended to support modern agricultural practices on large tracts of land with minimal land use conflicts. Mainly, it encompasses lands where farming is the principal use and can reasonably be protected from intrusion by incompatible land uses. This category includes crops, Page 26

29 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA Z WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 4 OF 5 o animal production and woodlands. Farmsteads, barns, stables, grain elevators, related agricultural buildings, agri-businesses and common accessory structures would be appropriate, as well. Cottage industries may also be desirable uses in the area. Limited non-farm residential may occur, but at very low densities. Subdivisions (major and non-agricultural subdivisions of land) should not be permitted. The rezoning would allow for a lot configuration that would likely result in the elimination of the current agricultural use on site. The Comprehensive Plan identifies the area as a development constraint due to its prime farmland. Summary The Comprehensive Plan should serve as a crucial guide to development decisions. The proposal deviates from the recommended future land use of the plan and would result in the reduction of farmland. Therefore, Staff recommends a unfavorable recommendation to the County Board of Commissioners. However, if the Plan Commission chooses to recommend approval of the rezoning, Staff recommends the following commitments to bring the development into closer conformance with the goals and policies of the Comprehensive Plan: 1. A "right to farm" declaration shall be signed and attached to the plat. 2. The property may be subdivided into a maximum of four (4) lots and the property shall not be further subdivided without all lots having connection to public sanitary sewer. 3. The plat shall include a no-build easement over all flood hazard area. 4. A plan to address any drainage issues related to proposed Lot 4 shall be submitted to the Johnson County Drainage Board. 5. The exterior walls of all homes shall consist of at least 75% brick or stone material, exclusive of windows, doors, trim, porches, and gable areas. Vinyl siding shall not be permitted. LAND USE PETITION HISTORY Decisions relative to prior land use petitions on or in the vicinity of the subject site should not be considered legally precedential. The land use petition history below is provided strictly for informational purposes. Land Use Petition History Subject Site None. Land Use Petition History - Vicinity None. GENERAL INFORMATION Applicant: David A Retherford, Attorney-at-Law Page 27

30 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA Z WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 5 OF Southeastern Avenue Indianapolis, IN Owner: Thessalonica Inc S Arlington Ave. Indianapolis, IN Area: 19 acres Current Zoning: A-1 Existing Land Use: Agricultural Comprehensive Plan: Agricultural Page 28

31 Page 29 C L A R K T W P SHELBYVILLE RD A E/ACTON RD 1000 N/WATSON RD 1075 N/YOKE RD PRIVATE RD ² Johnson County Planning Department 86 West Court Street Franklin, Indiana (317) SURROUNDING DEVELOPMENT STD SPARK R-R R-5 R-4 R-3 R-2 R-1 PUD MIL I-2 I-1 CITY BUF B-2 B-1 A-1 CODE <all other values> Zoning Legend Z-4-17 A-1 TO RR THESSALONICA INC. SHELBYVILLE RD. & ACTON RD.

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33 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 1 OF 8 Staff Report Case Number: W Case Name: ZEIS WAIVER WAIVER REQUEST The petitioner is seeking a waiver to create a buildable parcel of land in the A-1 (Agricultural) District: 1. Subdivided from non-original lot of record; 2. Subdivided from an 8.94 acre parcel (minimum parent parcel size of 12-acre required in agricultural districts). Roadside Subdivisions allow for low-density residential development while conserving farmland. Farmland conservation protects the agricultural economy and preserves the rural character of Johnson County. CASE DESCRIPTION The property is located in Clark Township at the northeast corner of Watson Rd. and Matthews Rd. The property includes farmground and DNR classified forest. The petitioner plans to split a 2-acre parcel from an existing 8.94 acre parcel. The petitioner illegally split the 8.94 acre parcel from a 33.5-acre parcel in July of Page 31

34 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 2 OF 8 CASE HISTORY Case Timeline Staff approves a properly split Roadside Subdivision of the petitioner's original 33.5-acre property: Page 32

35 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 3 OF 8 The petitioner completes a new survey of the 33.5 acre tract splitting the property into seven tracts without Staff's approval. In the A-1 District, the Subdivision Control Ordinance only allows for three, 2-acre tracts and a remainder. Page 33

36 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 4 OF 8 The petitioner sells Parcels II, III, IV, and V to one property owner and retains the other three tracts. Page 34

37 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 5 OF 8 The petitioner requests a waiver to create another buildable tract in addition to the three buildable tracts already approved by Staff. Green - previously approved buildable tracts. Red - proposed buildable tract. White - non-buildable tracts split illegally Page 35

38 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 6 OF 8 The petitioner could have accomplished his desired subdivision layout with an approved rezoning and minor subdivision. Staff informed the petitioner of this option when he initially presented his plans prior to filing for the Roadside Subdivision. However, the petitioner stated that he already had a contact to sell a portion of the property and did not want to take the time to go through the correct approval process. Resulting lots in compliance with all zoning and subdivision requirements after approval of a rezoning and minor subdivision plat. Page 36

39 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 7 OF 8 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: Approval of the waiver would grant the petitioner an unmerited privilege not available to other property owners in the County. 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: The property does not have any unique characteristics that would warrant the 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; and Staff Analysis: An approved and legal rezoning and minor subdivision would accomplish the proposed subdivision layout of the original 33.5 acres. 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 Comprehensive Plan recommends Agriculture for the future land use of the property. Approval of the waiver would not serve the purpose of protecting farmland. STAFF ANALYSIS & RECOMMENDATION Illegal splits of land that create buildable and un-buildable parcels impose, at a minimum, the following negative consequences: Time and resources of Staff devoted to documenting un-buildable parcels and reviewing waiver requests to build on un-buildable parcels. Time and resources of the Plan Commission devoted to reviewing and hearing waiver requests to build on un-buildable parcels. Reduction in property value of un-buildable parcels. Sale of un-buildable property to an unsuspecting buyer, either at the time of the initial sale or to a person in the future. Staff could potentially support a rezoning of the original 33.5 acre property to allow for a minor subdivision in a configuration that ensures the preservation of farmland. However, this request does not meet the Findings of Fact and approval of this waiver would set a precedent for a blatant violation of the rules and regulations of the Subdivision Control Ordinance. Staff recommends denial. Page 37

40 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 8 OF 8 GENERAL INFORMATION Applicant: Charles & Cheryl Zeis 4188 Watson Rd. Greenwood, IN Owner: Surveyor: Same Maurer Surveying 4800 W Smith Valley Rd. Greenwood, IN Current Zoning: Existing Land Use: Future Land Use: A-1 (Agricultural) Agricultural/Natural Resources Agricultural Page 38

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42 C L A R K T W P A-1 WATSON RD/1000 N A R-R R-1 FRANKLIN RD/N 440 E RD/N 440 E FRANKLIN RD/N 440 E FRANKLIN Page 40 MATTHEWS RD ² Johnson County Planning Department 86 West Court Street Franklin, Indiana (317) SURROUNDING DEVELOPMENT STD SPARK R-R R-5 R-4 R-3 R-2 R-1 PUD MIL I-2 I-1 CITY BUF B-2 B-1 A-1 CODE <all other values> Zoning Legend W ZEIS WATSON RD. & MATTHEWS RD.

43 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 1 OF 3 Staff Report Case Number: W Case Name: WILLIS WAIVER WAIVER REQUEST The petitioner is seeking a waiver to allow for construction of a barn on a parcel of land in the A- 1 (Agricultural) District: 1. Subdivided from non-original lot of record; 2. Which is 3.89 acres (newly subdivided lots in agricultural zoning districts must be exactly 2 acres). Roadside Subdivisions allow for low-density residential development while conserving farmland. Farmland conservation protects the agricultural economy and preserves the rural character of Johnson County. CASE DESCRIPTION & PROPERTY HISTORY The property is located in Clark Township on Matthews Rd. immediately north of Watson Rd. The property includes farmground and DNR classified forest. The petitioner purchased the subject property and four adjoining parcels in July of The seller previously subdivided out the subject property and one other parcel owned by the petitioner illegally. The Subdivision Control Ordinance does not permit the construction of structures on illegally split property. The petitioner stated that they would like to build a barn on one of the illegally split parcels because the DNR classified forest on the buildable parcel restricts the area available for a barn and a house. The petitioner also stated that the barn would not have access to the driveway if constructed on one of the other buildable parcels. The seller provided Staff with documentation signed by the petitioner indicating that the petitioner consented to purchasing two unbuildable parcels (see attached). Page 41

44 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 2 OF 3 Purple - petitioner's property. White - buildable property. Dashed/Crosshatched - unbuildable property. Red - subject property. Page 42

45 DEPARTMENT OF PLANNING AND ZONING STAFF REPORT JOHNSON COUNTY, INDIANA W WEST COURT STREET AUGUST 28, 2017 FRANKLIN, IN PAGE 3 OF 3 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: Approval of the waiver would grant the petitioner an unmerited privilege not available to other property owners in the County. 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: The property does not have any unique characteristics that would warrant the 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; and Staff Analysis: The property does not have any unique characteristics that would warrant the grant of a waiver. 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 Comprehensive Plan recommends Agriculture for the future land use of the property. Approval of the waiver would not serve the purpose of protecting farmland. STAFF ANALYSIS & RECOMMENDATION This request does not meet the Findings of Fact and documentation submitted by the previous owner of the subject property indicates that the petitioner consented to purchasing an unbuildable parcel. Staff recommends denial. GENERAL INFORMATION Applicant: Brodey Willis 7621 Samuel Dr. Indianapolis, IN Owner: Same Current Zoning: Existing Land Use: Future Land Use: A-1 (Agricultural) Agricultural/Natural Resources Agricultural Page 43

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48 Page 46 C L A R K T W P MATTHEWS RD A-1 A WATSON RD/1000 N R-R R-1 FRANKLIN RD/N 440 E ² Johnson County Planning Department 86 West Court Street Franklin, Indiana (317) SURROUNDING DEVELOPMENT STD SPARK R-R R-5 R-4 R-3 R-2 R-1 PUD MIL I-2 I-1 CITY BUF B-2 B-1 A-1 CODE <all other values> Zoning Legend W WILLIS MATTHEWS RD.