Board of Zoning Appeals - Regular Meeting

I will call the September 3rd, 2025 plaque committee meeting to order. Uh, please rise for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Okay. Can we have a roll call, please? Yes. Mr. Mechi is not here for this meeting. Miss Stoler here and Mr. Hillary here. And we have Corum. The next item on the agenda is the approval of the previous minutes. Um these are from the July 2nd, 2025 minutes. Um these are posted on the agenda center and draft form. Are there any questions on the July 2nd meeting minutes? Motion to approve. I will second that motion. Um all in favor, please say I. I.

I. All oppose. Same sign. The meeting minutes um from the July meeting have been approved. Those will be on record on the city website. Our next item is the public hearing. Um so our first public hearing item is the Canerwood subdivision. Uh address is 11052 Cumberland Road. This is a request to approve a primary plat of 21 lots on 9.07 acres known as the Geradot property. Um, and we have Grace.

Good afternoon. Grace Wy with Community and Economic Development. PP 25, excuse me, PP 259 is the primary plat for Canerwood, formerly known as the Geredot development. The proposed Canerwood plat is located near the intersection of Valley Springs Boulevard and Cumberland Road with the common address of 11052 Cumberland Road. The subject site is 9.07 acres and contains one residential home and a few outbuildings. This area currently consists of three lots. These lots are zoned PUDR Gadot PUD. The zoning for these lots will remain unchanged. The surrounding area, as shown here, is zoned PUDR, R2, and R3 residential. Future land use map calls for this area to be suburban residential. The proposed primary plat that will subdivide three existing lots into 21 single family lots, three common areas, and public rightway. All lots meet the minimum requirements of the UDO and the PUD. Access to the proposed new lots will be off a new public road, Canerwood Lane. Canerwood Lane will be installed off Cumberland Road east of Valley Springs Boulevard. No waiverss were requested for this plat. This plat is in line with the objectives of the Fiser Unified Development Ordinance and the GearPud. It aligns with the future land use plan. Staff recommends approval of primary plat 259 with the condition that all TAC comments are addressed. A public hearing is required. That I conclude my presentation. The applicant and I are available for questions.

Would the applicant or the builder like to add anything additional?

Good afternoon. Uh Rex Ramage PY Homes 11595 North Midian Street. Uh nothing additional to add. Just wanted to note that we're here along with Brandon Burke from HWC Engineering um who is here to answer any questions you may have and then just an update on kind of the timeline provided that we see approval uh today on the plat. The construction plans have already been filed and are running review concurrently with this. And so our goal would be to start construction uh in early October and go through the winter months in construction. So with that, happy to answer any questions that you all may have. Thank you. Do you have any questions for staff or for the builder? No,

I do not have any. Um, seeing that this does require a public hearing. Um, so if you're here to speak on behalf of this, um, please come to the podium. Um, state your name, um, and your address and you will have three minutes to speak. Um, with that I will open the public hearing for primary plat 25-9, which is the Canerwood Primary Plat, formerly known as Gared Do. Yep. Please come to the podium. State your name and address and I'll I'll write down any questions that you have and then um staff will respond afterwards.

Hi, my name is Bend. And my address is 1109 Cumberland Road. It's north of developing the property with they want to develop it. So I was wondering uh I right now I have very good privacy. So what they can do to keep my privacy on that uh that boundary? Okay, that's all my question is. Okay.

Thank you. Hi, I'm Jennifer Sturker. I live at 9907 Niagara Drive in Spy Glass Falls community. um our neighborhood backs. Um I guess the corner be the south west corner to um the north west uh yeah northwest corner of um the proposed um development there. Um I'm also concerned about the privacy. I've looked over the ordinances and I realized that there is a 10-ft buffer um and that there are plans to keep um any existing um native trees that are healthy and um I'm very familiar with that property. Um so our property backs directly into it. Right now you can't see any of the homes, you can't see the road. So it blocks visually and it blocks all noise and it's a forest basically. So um a lot of the neighbors um including ourselves are very concerned about those trees being removed and we would like to be involved in the process of knowing which trees stay and which which trees go. Most of the large trees are right on the border. Um so I would guess they would stay because There are some that might not be healthy, but there are several that are healthy. Um, but they are on the other

side of the um fence. So, I don't know. I would like to know when I would like the neighbors that surround that to know when that's going to be surveyed, when it's going to be staked out, and when it's going to indicate specifically which which trees stay, which trees go. I'd love to be present or someone from our HOA um board to be present. Um but we would like to be notified of when those things are happening. Um and you know, we just really want to make sure those trees, those large trees stay and what they plant um is not really going to make that much of a difference um because they're so tiny and they're so low to the ground. So um you know, we'll be dead by the time So, um big concern there and um we just like to preserve um the privacy and I think I think the new people coming into the full day development would also appreciate privacy. I I have never heard of anyone saying I don't want any trees. I think there's um value to the property and to the homes and um something that would, you know, be beneficial to the new home owners as well as um the existing neighborhoods. And since a lot of people in the area have families and children that will be purchasing homes in the future, depending on how he does with this particular situation could make a difference in the reputation. So I would appreciate the care and concern about Thank you.

Thank you.

Good afternoon. My name is Mike Eller, 9830 Dearing Street on the third house in off of Cumberland. The question we have and we've never got clarification of this is um there currently is a a call a farm fence going from Cumberland Road all the way to the back which has the tree lines there and currently the driveway there. What type of barrier or um fencing is going to be there? Uh previously the gentleman talked about putting in trees that was maybe six foot tall which that's not going to cover anything. So, our concern is for most of the people on the north side of Dearing Street that I've talked to is uh because of the way that it's going to have a ditch supposedly to take away the drainage that the fact that there's going to be some type of a screening on that side of the property, not on our side of the property. and what is going to be there for um as she said previously just to hide things and also to the huge large just absurdly big trees that are there and I saw the way the thing is laid out you're going to be cutting down a lot of them so that's our concern thank you Okay.

Hello, my name is Barkley Grayson. Uh 9962 Daring Street. My first question is this sounds like this is a done deal. Is it? because we were here for meeting public meetings a few months back and there was a no vote sent to the council and then the issue was dead. So is this done? Do you have more questions? I can answer those at the end. But

okay. Well, assuming it is done, then my concerns probably aren't going to sway anybody one way or another. But as the other folks have said, the loss of privacy, I'm about 8 feet below the property in question, and so runoff and drainage is a big concern. And then thirdly, the uh amount of traffic on Cumberland Road is already considerable and this neighborhood it seems like would add 30 to 40 more cars pulling out in the morning into rush hour traffic. So those are my three concerns.

Thank you. Thank you.

Is there anyone else who would wish to speak during the public hearing for this item? Seeing none, I will close the public hearing. Um I'll start off with the last question first and if the petition doesn't mind speaking maybe a little bit more on um privacy and buffering, I think that would be helpful. Um this did go before plan commission which is I think the the no recommendation that you or that you mentioned. Um after that that is required to go to city council. And so what Grace mentioned was the um Geradot PUD, this was approved as a reszoning. Um so the zoning is in place for this property. Um from the plat committee standpoint, the two of us sitting here, um if it meets all of the plat requirements, which it does, we are obligated by state of Indiana to approve that. That being said, your questions and comments um are heard and are given back to the developer. And from the city's expectation is that they they listen and and work with that. Um with that, Rex, do you mind talking a little bit maybe about the what privacy you're seeing on specifically on the first shuttleman um to the north and thoughts on buffering?

Yes. Um I don't know if I have access to this. Let's see. Okay. So, the first gentleman um lives just to the north of the existing pond, if I'm correct, 11109. Yes, sir. Um so, that area plus all the other areas surrounding the development would have a minimum of 10 foot uh tree preservation common area. So, uh, the second woman that spoke who lives also to the north, kind of to the northeast there. Um, yes. So, there's a minimum requirement of preserving all the trees within that 10-ft area. They're not dead, dying, diseased, or invasive. Um, once that any clearing uh under those parameters is completed, there is a minimum trees per 100 linear feet. I believe it's seven trees per 100 feet that is required by ordinance. So we would measure that out um post any clearing activity and then if we had to supplement the trees and the landscaping the buffer that needs to be there we would certainly be obligated to do so by the ordinance. Um so that would hold true to the the first gentleman that spoke as well. Um we we do have to increase the size of the pond that's on the property today. Um, but we to the second woman who spoke to her credit, yes, we and our future homeowners want the same privacy that's there. So, we want to do everything we can to preserve any mature trees that are on the property today. Um, so I think that takes care of almost all the questions, if not all of them, relating to the screening and the buffering. U Mr. Eller mentioned something about a fence that is not part of our plans at this at this point and it's not a requirement. So, we're not planning to do that. Um, and then the drainage. So, we can kind of see

the the lines, so to speak. So, how everything flows into these swailes and then eventually gets routed to the pond. You guys can't see the cursor on the screen. I apologize. But following the lines at the rears of all the lots and funneling it to uh the detention pond, that's that's how the drainage is going to be taken care of. And that obviously has to be reviewed not only by the city, but any outside have on staff to review those plans in detail um drainage screening. Anything else?

Would you be open to an HOA representative um once those trees have been identified? I know in our construction plans we're those are required to be placed within like a construction fence and marked that you know not to be removed. Um, would you be open to having an HOA representative either there or or review that with staff as well once those have been marked? Yeah. So, I think what we can commit to is once it's either staked by the survey or that 10 foot area uh or once the orange snow fence goes up that we can have some dialogue with uh the HOA or or representative of the neighborhood to the north. Yes, we can certainly do that. Okay.

Um I will give you my card, ma'am, and if we want to coordinate together, we can certainly do that. But I think that's all three items. Okay. Selena, do you have any additional questions or comments? No additional questions. Thank you for that additional color here to to answer some of these questions. Greatly appreciate it. Thank you.

Thank you, Rex. Um, as mentioned, I said if they are meeting all the plat requirements by this day, we are required to approve this. Um, I appreciate everyone's comments today. Um, as staff, we will take those back and continue to work with the builder on this. Um, thank you for coming today and speaking and participating in the public process. Um, with that, do I have a motion for this item? Motion to approve. I will second that motion. Um, K, can we have a roll call, please? I,

I. With that, the motion passes on this. Um, our next item before us today is the Bowser subdivision. Um, this is located at 6, excuse me, 6630 East 96th Street, um, PP25-11. Good afternoon, Grace Wy, Community and Economic Development. PP 2511 is the Bowser subdivision. The proposed Bowser plat is located near the intersection of Hamilton Hills Drive and East 96th Street with the common address of 6630 East 96th Street. The subject site is 1.71 acres and is currently vacant land. The area currently consists of one lot and according to county records is unplatted. This lot is zoned R2 residential under the city's UDO. The zoning for these lots will remain unchanged. The surrounding area, as shown here, is zoned R5 and R2 residential. Future land use map calls for this area to be neighborhood mixed use. The proposed plat that will subdivide the existing lot into two lots of 72 acres, lot one and 97 acres, lot two. Both lots meet the minimum requirements of the UDO. Access to these lots will be the responsibility of Hamilton County Highway Department. No waiverss were requested for this plat. This plat is in line with the objectives of the Fischer Unified Development Ordinance and aligns with the F future land use plan. Staff recommends approval of primary plat 25-11 with the condition that all attack comments are addressed. With that, I

conclude my presentation. The applicant and staff are available for questions. Thank you, Grace. Would the applicant like to add anything else? Yeah. Name and address. Hello, my name is Josh Betts, surveyor with CC Incorporated. We're at 530 East Ohio Street, downtown Indie. Um, I'm just for the primary houses. Happy to answer questions if I can. Thank you. Thank you. Sena, do you have any questions on this plat?

Um, I think you answered it, but I just I mean kind of before the meeting, but the entrances to these properties, the driveways is going to be off of this Hamilton Hills, not off of 96. Correct. That's correct. just wanting to verify. Um that's my only question. Okay. Um this is a minor item. Um so with that, um is there a motion to a motion on this item? A motion to approve. I will second that item. Um Kate, can I please have a roll call?

I motion passes. There is no old business or new business. Grace, is there any staff communication? No staff communications. With that, I will call the meeting adjourned.