Land Use Committee Report - September 2006
The following is a summary of business conducted at the September 20, 2006 meeting of the Land Use Committee
CANCELLED - PETITION WITHDRAWN - 2006-APP-127, 4723 SOUTH EMERSON AVENUE, zoned C-S. Filco Limited, L.L.C. requests modification of commitments related to 2004-ZON-152 to modify Commitment One to provide for development in accordance with a new site plan file-dated August 16, 2006 AND approval of a modification of site plan related to 2004-ZON-152 to provide for the development on the site consisting of nine buildings, a communication tower and a retention pond. The agent for the petitioner is Roger Kilmer, with Baker and Daniels. There was contact from one resident requesting consideration of co-location on an existing tower.
6717 DRAGONFLY DRIVE (6737 THOMPSON ROAD) - Allen and Trudy Schmidt seek the reconfiguration of three lots created by Variance on a 17 acre parcel in 2003. The shared driveway design and access points onto Dragonfly Drive and Thompson Road are identical. The lot for the Schmidt’s existing home will be enlarged and the original 8.5 acre lot will be divided into a 3 acre lot and a 5.7 acre lot. The proposed reconfiguration will provide more viable building locations for new home construction and reduce the removal of trees. The case was filed on September 1st, but the petition number and hearing date have not been assigned and notices have not been mailed to neighbors. David Retherford is the attorney. This petition allows for the reconfiguration of lot layout for this parcel, but will maintain the number of proposed homes and the large lot development concept. Because neighbors had not yet received legal notice, the committee did not take a final position; however, the consensus was to support the petition pending legal notification. The notices have been mailed since the land use meeting. At this point, no neighbors have contacted the Civic League or the petitioner’s attorney regarding this petition.
9990 E. EDGEWOOD AVENUE - William and Dana Sherwood request a Variance of Accessory Use and accessory structure ratios to permit removal of an existing 36 foot by 58 foot horse barn to be replaced with an approximately 4400 square foot barn that is agricultural in appearance to be used for personal recreational use, a green house nursery, storage of equipment used to take care of the property and various items that are currently stored in the petitioners’ garage, etc. Due to existing porches, a pool and courtyards that are also considered accessory uses, a Variance of Accessory Use and accessory structure ratios is required in order to construct this building. In addition, due to the fact that the house is a one story home and it is only 16 ½ feet tall and this proposed building is going to be somewhere between 28 and 29 feet tall at the peak of the gambrel roof in the main section of the building (again for the recreational use that is proposed in that main area), a height variance is also required. The case was filed on September 1st, but the petition number and hearing date have not been assigned and notices have not been mailed to neighbors. David Retherford is the attorney. Petitions were mailed after the land use meeting agenda was printed in the Informer, but before the land use meeting. The petitioner offered the commitment that the new barn would not be used for any business activity. Since the Land Use meeting, two neighbors have contacted the Land Use Committee, both to make certain that there would not be any business related activity conducted on the property. The committee discussed the size of the building at length and voted to support the petition given the size and configuration of the property that will cause the house to remain the dominant structure on the property from line of site from Edgewood provided: 1) the petitioner committed to no business activity; 2) the immediately impacted neighbors were in support; 3) the fire department was consulted about access to the new structure and that the petitioner comply with reasonable requests from FTFD.
OTHER BUSINESS
REQUEST FOR MODIFICATION OF COMMITMENTS - Related to 2002-ZON-111, 6425 CHURCHMAN AVENUE, zoned D-A. Arbor Homes requests a modification of commitments to provide for the reconfiguration of the site of a former home to divide the parcel between other anticipated lots. A petition has not yet been filed and neighbors have not received notice. The agent for the petitioner is Elizabeth Williams. Information was not available as anticipated and the agent for the petitioner will be attending the October meeting instead. Arbor homes has been considering what they would be willing to commit to the restoration and preservation of the Wheatley-Toon cemetery.
COMMUNITY OPEN HOUSE ON COMPREHENSIVE PLAN - September 23 - 1-3 p.m. Franklin Road Library. I attended the open house and spoke with several residents who were present to ask questions and ascertain the recommendations for their properties. There were specific conversations with three residents whose properties are recommended for commercial or industrial development about the process and viability of speculative zoning in combination with other property owners nearby. I have provided them with contact information for the Indy Partnership and have been researching potential filing and attorney costs for them.
PROPOSED COMMUNITY WORKSHOP ON THE ZONING AND VARIANCE PROCESS SPECULATIVE TAX ABATEMENT PROGRAM - The workshop has been scheduled for November 14th and will be advertised in the all township issue of the Informer.
MODIFICATION OF COMMITMENTS FOR WILDWOOD FARMS TO PERMIT REALIGNMENT OF ENTRANCE TO COMMERCIAL PROPERTY. The petitioner will be asking for an approval petition to encroach on the required 50 foot buffer easement between the commercial component and undeveloped residential property. The petitioner has 4-9 acres under contract for commercial development.
FTHS ECONOMICS PROJECT - I am assisting a team of students in Mr. Marr’s senior economics class with a project that involves a mock development, the purpose of which is to balance the highest and best use of the land, the concerns of government entities, minimize environmental impacts, maximize preservation of natural amenities and maintain a pre-targeted profit margin.
ENVIRONMENTAL COURT - Officers from the Marion County Alliance of Neighborhood Associations will be meeting with Judge Cale Bradford (Supervising Judge for Marion County) to discuss concerns over the functioning of the Environmental Court. A case in Franklin Township at 9120 E. Thompson Road has been selected as one of the exhibit cases.
