Avon commission grants waiver and prelim approval for 64-lot Whispering Pine South subdivision, remonstrators raise drainage and sight-line concerns

The Town of Avon Advisory Plan Commission granted a waiver and approved the preliminary plat for Whispering Pine South, a proposed subdivision that would divide just over 32 acres into 64 single-family lots under R-2 zoning.

Staff told the commission the plat meets the requirements of the Town of Avon Unified Development Ordinance and the zoning commitments associated with the property’s recent rezoning (Z.A. 24-11). Staff recommended a waiver to reduce the town’s standard 60-foot right-of-way for the subdivision’s internal streets to 52 feet, because the applicant proposes to maintain the town-standard pavement, curb, tree lawn and 5-foot sidewalk but reduce the utility strip behind the sidewalk from 5 feet to 1 foot; town public works confirmed the reduced utility strip is adequate for maintenance. The town’s recommendation noted a platted 20-foot drainage and utility easement behind the right-of-way that provides additional room for utilities.

Petitioner representatives from Pulte Homes said the plat otherwise complies with UDO standards, that the layout would provide about 5.33 acres (16.57%) of common open space — roughly double the R-2 minimum — and that the requested waiver is necessary to align the new internal streets with existing stubs in Whispering Pines to the north. The petitioner said construction plans, landscape plans and drainage calculations will be reviewed in the construction-plan/TAC process.

Three residents who identified themselves as members of the Vapour/Vapor family objected during the public hearing and submitted a written list of seven requests. Their written objections included: keeping their historic lane unchanged and with direct access to County Road 625 East rather than an acceleration lane; preserving sight lines at their driveway and planting only low-growing landscaping between the walking trail and 625 East to maintain visibility; concerns that the Whispering Pine South exit lane would not meet INDOT driveway separation rules; requests that the privacy fence commitments extend to their fence lines and that an easement obligating Whispering Pine South to maintain sections of fence be shown on the plat; removal of language on the plat that appeared to suggest existing trees on Vapour property were to remain under the Whispering Pine South plat; requests that Whispering Pine South stormwater not flow onto Vapour property and that Vapour property not be held responsible for maintenance; and a request that landscaping not cause water to collect on Vapour Lane.

Petitioner and staff responded that several of the Vapors’ concerns either address construction- or landscape-plan details that are resolved at the construction/TAC phase or concern properties outside the petitioner’s control. Staff and the petitioner also said County Road 625 East is not an INDOT road, so INDOT separation requirements did not control the town’s decision. The petitioner said Pulte had made drainage and maintenance commitments in its zoning commitments and would not exceed those commitments.

Commissioners debated the waiver request separately from the plat approval and discussed whether the reduced utility strip would limit town maintenance. After asking questions and receiving confirmation from staff and petitioner that required pavement, sidewalks and tree lawns would match the town’s 2A street standard and that a 20-foot drainage and utility easement exists behind the right-of-way, commissioners voted to grant the waiver allowing a 52-foot right-of-way. The commission then voted to approve the preliminary plat, noting that final construction and landscaping details will be reviewed administratively and through the town’s construction plan (TAC) process.

The commission’s approvals do not finalize landscape or construction plans; staff told the commission that final plat and construction-stage reviews will address many of the Vapors’ specific concerns and that staff will continue to work with the petitioners and affected neighbors.