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HomeMy WebLinkAboutCorrespondence to PC American Environmental Services 401" 7780 North Michigan Road, Suite C Indianapolis, Indiana 46268 Custom Environmental Solutions 30 June 1994 City of Carmel - Plan Commission Attn: Paul Spranger, Chairman - Subdivision Committee Carmel City Hall, 1 Civic Square - 3rd Floor Carmel, IN 46032 Subject: Cluster Home & Passing Blister Variance request ASHMORE TRACE DEVELOPMENT - Docket 55-94 P.P. Hazel Dell Villas - Docket 58-94 P.P. I and my family live in a "French Traditional" style home at 6128 E. 146th Street, directly across from the proposed development of Ashmore Trace. I have a masters degree in Public and Environmental Affairs and I understand and believe in the development of the land in question and the legal and historical role of the Carmel Plan Commission as the protector of existing property values in land development. My concerns are with the methods and intentions of SAFECO, the impact of the proposed development on the existing neighborhoods, and the possible violation of the Federal Soldiers and Sailors Act of 1940, amended 1941 (see paragraph five) . One, I understand that the Carmel Plan Commission is in the process of establishing new zoning guidelines and ordinances for "cluster home" housing. These guidelines are expected in July 1994 . The Ashmore Trace variance request should be put on hold (approx. 30-60 days) until the new zoning guidelines have been passed. Two, the area flood plain has yet to be established by F.E.M.A. This is also scheduled to be completed this summer. It is not possible to include an valid long-term environmental impact study into the development plan until the flood plain parameters are established. Again, the Ashmore Trace development should be put on hold (approx. 30-60 days) until the flood plain has been established. Three, the proposed passing blister on the north side of 146th street is not possible without completely destroying the property value of my home. There is no R.O.W. land available from my front yard. The Hamilton County Highway Department is aware of the situation and has recommended that SAFECO contribute $30,000 and seventy feet of R.O.W. along the south side of 146th Street. SAFECO (Jennifer Shea) has stated that they do not plan to do so. Four, SAFECO' s presentation to the Plan Commission on 22 June 1994 was replete with misrepresentations. SAFECO claims that the Ashmore Trace development meets and compliments the existing housing along 146th Street. In fact, there are NO other cluster home developments for several miles either east or west of the proposed development. Area density was claimed as about 2 .14 . This is true only if the flood plain areas set aside are included. If those areas are removed as they should be, the density is nearly 3 .5 (Ashton is 1.6 and Scarborough Farms is .8) . The traffic survey was done in May 1992, Phone 317-879-0807 FAX 317-879-0807 at a time with far less development on 146th Street and when traffic was negatively impacted by construction work on the Kirkendale Creek bridge. SAFECO is not complying with the legal intent for cluster housing permits and the SAFECO request appears to be a subterfuge to quickly gain the variance approval before new zoning guidelines are issued. The areas set aside for nature preservation are all areas that flood during heavy rains and are useless for development. Standard parking ordinances are being compromised with the "Den" designation for the extra bedroom in the housing designs. In order for the Carmel Plan Commission to do it' s job, accurate, ethical and honest representation is called for on the part of the companies seeking to develop Carmel . SAFECO appears to feel differently. Five, I am an Army Reservist (Bronze Star recipient) who was called to active duty under Presidential authority in August 1990 for Desert Shield and Desert Storm and not released until September 1993 . Under the Federal Government' s Soldiers and Sailor' s Act of 1940, amended 1941, civilians called to wartime Federal service from the safety of their homes and families are afforded fairly complete protection and suspension of process of any administrative proceedings affecting them at the Federal, State or local level. In an extreme example, if I had stopped making my mortgage payments my home could not be seized or any other action taken by the mortgage company until I was released from Federal service. If I was involved in litigation, it would be suspended until I was released from Federal service. In this matter, any administrative requirements such as notification undertaken by SAFECO from the period Aug 90 - Sep 93 could not have been ignored. Any right or interest I would have as an adjoining property owner in SAFECO' s planning process would have been preserved. SAFECO and it' s lawyers appear to be unaware or unconcerned with this. Rather than require SAFECO and Carmel to incur the effort and expense of retroactive compliance with this little known part of Federal law, it makes more sense to simply suspend the approval process for Ashmore Trace for the reasons in paragraphs 1 - 3 until the new zoning guidelines are set and the flood plain is established. Sincerely, David L. Andersson Project Manager • SAFCO DEVELOPMENT June 30, 1994 Dear Members of the Planning Commission: We are committed to implementing our Habitat Management Plan for the Green Space Common area of Ashmore Trace. I have enclosed our Habitat Management Plan. Yours truly, Je nifer F. Shea JFS/mw 14578 Dover Drive • Carmel, IN 46033 • (317) 843-1309 WILDLIFE HABITAT MANAGEMENT PLAN FOR ASHMORE TRACE Following are ideas concerning the possible management of the "GREEN SPACE COMMON AREA" proposed for the Ashmore Trace Development Tract. The proposals are based on the following criteria: 1) To create a low maintenance but aesthetically pleasing area, 2) To have an area which will be enjoyed by those living near and walking through the tract while at the same time educating visitors on habitat management practices, 3) To enhance the area as a wildlife habitat and increase the area for use by certain wildlife species. This plan is designed, with the above in mind, to create habitat for songbirds, small mammals and butterflies. An effort is made in this plan to provide habitat for a wide variety of songbirds by providing various shrubs which can be used for food and nesting cover. A meadow area is also proposed to provide habitat for meadow species. Along with the existing trees, a good variety of horizontal and vertical habitat types will be provided. Each habitat type is outlined below, and reference should be made to the blueprint for possible locations of the vegetation types. EXISTING TREES Leave as many of the existing trees as possible. There is a good variety of trees already present which will provide nesting cover and food for many wildlife species. Even the dead trees are beneficial to wildlife as den sites and nesting cavities for many birds (woodpeckers, bluebirds, flycatchers, etc) and mammals (squirrels, flying squirrels, raccoons, etc) When some tree trimming or limb removing is undertaken, BRUSH PILES should be made and left as a source of ground shelter for small birds and mammals. Large brush piles, 5-6 feet in height and 10 - 12 feet in diameter are ideal for wildlife shelter. MEADOW In an effort to provide some quality open meadow cover types, a good grass, or legume, or grass-legume cover (or all types) should be planted and maintained. this could be accomplished by planting a mixture of grasses and legumes, or solid stands of either, or patched of any of the types mentioned. This area will provide food sources and excellent cover for several types of birds and mammals such as, meadowlarks, quail, song and field sparrows, rabbits, field mice, etc. A well maintained meadow area is pretty to look over as well as being helpful to wildlife. Grasses for meadow area: timothy (3-4 lbs/ac); orchardgrass (4-6 lbs/ac); smooth brome (4-6 lbs/ac); Kentucky bluegrass (4-6 lbs/ac) Legumes for meadow area: medium red clover (5-6 lbs/ac) alsike clover (2-4 lbs/ac); sericea lespedeza (25-30 lbs/ac) sweetclover 2-4 lbs/ac) The meadow are will have to be maintained by mowing to-prevent successional stages from occurring. Undesirable woody species will encroach on the area if mowing is not.undertaken. Mowing should be performed before March 15 and after August 15 to prevent destroying ground nesting species of wildlife or their nests. Mowing should also be performed in strips in alternate years to allow some winter cover to remain. TREES The area presently contains several species of deciduous trees and I would not recommend planting more. If desired, coniferous trees such as pines or spruce trees could be planted in a clump to provide a good source of winter cover. SHRUBS There are a variety of berry-producing shrubs which could be planted which would greatly improve the habitat for wildlife as well as being aesthetically pleasing. The trees could be planted is • rows or more usefully in mass plantings or clumps throughout the area. The shrubs listed should be planted with 6 foot spacing. Beneficial wildlife shrubs follow: shrub dogwood species, flowering dogwood, highbush cranberry, flowering crabapple, American plum, Washington hawthorne, redbud. There are several other species of shrubs which could be used. Those listed are available from the State Nurseries produced by DNR's Div. of Forestry at very low cost to the consumer. FOOD PLOTS In time is the manpower, desire, and equipment is available, annual food plots could be planted to provide additional sources of food for wildlife use. Sunflowers, sorghum, buckwheat, corn and any other grain would be used by a variety of wildlife species. It is not imperative that food plots be used for this to be a good wildlife area, but would concentrate some species for better viewing by home owners and visitors. ARTIFICIAL STRUCTURES Birdhouses and other artificial structures such as bat and squirrel boxes could be erected in the property. Many different types of wildlife have been known to utilize man- made structures for nesting purposes. • LEGEND FOR HABITAT MANAGEMENT PLAN eaMEADOW AREA ----- FOOD PLOTS CZ. BERRY SHRUBS tip BRUSH PILES X ARTIFICIAL STRUCTURES TRAIL // •oq rem CO �1*�-y,►4.. �� �— 1 �,1� •�o E��. ,�� 5 1 .� r) G 13855 8 R 4 a g., 8 !� 11812 ti', i(D� ~ sq.ft' 8 4 8 �1$ x sq,ft. s ,� r C 1 17920 17830 " a5o13 L . n sq.ft, sq. sq.ft. I (` ir ,,,. O �it � — — _ — ,q' ^r,•Tom• /0'ls"' a• Zr/ c r -,J.� �3. • - • �� P7, ,dw;y imi s Y 8604 • t �' • • Tre / C 011 sq.ft. 1 41 ok:52 A. '*c. \ 9 ` i een 'ace. �l / "1. 1.4:1 40 ��! ammo Are& C --�'r ,,\76; fl ^ j v 4�� 9372 ��, *,4. v. \' , IY sq;ft. • 101��g 3q' � - , \Gi. _ •„.. c'6.\ 9365 \ O • , \ \\ \ sq.ft. • 1 77 Nit4i 4 .0 )86 ?,2 76 \ N.NL\ '4 'r-.3 8 .V. .\ s?q2 ' V .ft. 7046....i41 \ q 21 i , ga\ ' . ) ,•:' 1 q� f/ �'�75\ aia"b i T • ` •7�( 1 70867 $� ra* M .......sq•ft:... ` 844 4" � , , i of • .�' s sq.f looN.rear• , . /:`� \ Flood flay. Approx. c0 "'74...... ' ra:v4�'� O 769.Ob,-_ Location 9952 a 7086 i flan' of Exist.\ . ,,g;ft sq.ft. .•1 1 36 Trees , �,60.65, fl p 00.,.011'ii,', s. .i• o ; 1 I 815.3 1•\ >»' 73 i 58/.5.? 1\ -� xsnr • } ! 7377 1 • 1»x ip. l 7 0:3�'f/. • : 163 C. sq,ft. �h ,,,,,/ . 8,85 1 k I 8194 X /,4q.ft. / sq,ft. klassr) ` 7 .2.3.f1 'kr �= .111• sq.ft. I g , •� ‘:• a. I 34 v �, /" X45 •-. 1 .• 1 y�l 8272 1 a 'l (7.ft. , ..0 71 I ^b5cI.r• rt, Teen •• ce �'`` 7699 I Es w 3 ommo- A -a 5q-: :j ., i a ) 33 � I � // 5 se, , _ ' eo7 `� 0 J� '2 0:i s f " 0 / 70,' q• � °t. 7306 I 1161,,,, h Lc sq.ft. I .a i , 1124, w ;. `I »o I a I 32it " ( �' 2 r °�' I 75ft • 759. f/ ( ,�r • � �O 7215 ,13� sq ; i I � �� s .ft. . yy qi,hI 1•4'.967 ' I `' � �` t I 31 O \,.. ' .4G36643 7 / 1 ,sq?ft, o'`* j sq.ft./ 1 .1 75-.18 / 47 // .30 � / , e„. / 7375 h .� '� C 165 -_,/10 ,.. -2 q !?' . .c •/ . TO: CARMEL PLAN COMMISSION RE: SAFCO DEVELOPMENT ON 146 TH STREET FROM: MARIANNE HERRELL ��L��'.��Lt_� , 940__ -ee, These cluster homes will sell to people who are buying for the first time. As time goes on - they will sell them to - and by that time they will be trash - and those kind of people that will buy them will sell them for much less. They wont care about keeping up their yards . Their kids will be running everywhere to find a place to play. There will be wrecks after wrecks as those people won't care - they' ll pull out in front of you, and getting to work on time will be impossible. God help the children from there - playing around 146th St . The cement trucks - semis - coming fast down the hill couldn' t stop fast if they tried. Those houses across from the Foster Estates on 146th St - is one thing that helped kill the sale of the big homes across the road. As soon as they widen 146th St - the ponds, fountains, etc. will be gone. Those paths are a joke. Soon as it rains - they will be mud holes . They will tear down the trees - and where are the animals going ?? We have Coyotes, Deer, Birds, etc, just to mention a few. It will simply turn into another Haughville (West Indianapolis) and if I had WANTED that kind of surroundings - I would have bought there and saved thousands of dollars . The fellow that bought that little 36 acre plot of ground - realizes what a mistake he made - and hes trying desperately to re-coup his losses at everyone else' s expense. Wait until Hamilton County Highway widens 146th St - the ponds, the paths, - I repeat - will be gone, and you' ll not stop the Highway people. These Highway plans have been in the making for well over a year. Perhaps the developer and parents of the children are not concerned about their safety, But I do - and love children. There will be many, many, many, left turns. People working & shopping in Noblesville, Fishers, Castleton, Carmel , Deer Creek concerts - to mention a few. It' s too bad that people in America are only concerned these days about money - as to the past when they had regard for their fellow men. People still go to church. Dont they still preach regard of others ?? DATE: JUNE 27 , 1994 TO: Mr. Paul Spranger Chairman - Subdivision Committee City of Carmel - Plan Commission City Hall 1 Civic Square - 3rd Floor Carmel , Indiana 46032 FROM: W. Rick Sailor 14626 Scarborough Lane Noblesville, Indiana 46060 SUBJECT: Cluster Home & Passing Blister Variance request ASHMORE TRACE DEVELOPMENT - Docket 55-94 P.P. HAZEL DEL_ VILLASr - Docket 58-94 P .P. My family and I own a "country setting" style home in Scarborough Farms, directly across the street from the proposed development of Ashmore Trace. Fundamentally and foremost, I think that appropriate, disciplined and proper development of this property is in the best interest of all the adjoining neighborhoods. As you know, in a tradition that dates back to Edmund Burke in 17th Century England, the entire purpose of the Plan Commission is to insure development occurs in a rational fashion and to protect the interests of the current home and property owners in the surrounding neighborhoods. I also believe that a "Cluster Home" village is in direct conflict against the surrounding area' s already established ambience of large (Scarborough Farms, +2600 sq ft) single family homes and (+1 acre) lots, even if Ashmore Trace meets the current criteria of the S-1 code, that includes cluster homes . The successful SAFCO development, Ashton, ( 1900 sq ft ranch and 2200 sq ft two story) also on 146th street, is much more reflective of the homes established in this area. Major concerns, considerations and questions: 1) The Carmel Plan Commission is in the process of establishing new zoning rules, guidelines and ordinances for "cluster home" housing, expected in July 1994 . The Ashmore Trace and Hazel Del Villas plat variance requests for: "Elimination of passing blister" , is simply a means towards quick approval for the primary and re-plat applications before the ordinances change. Each request should be tabled until the new guidelines are established, and the correct flood plain and traffic safety data used. Plan Commission 6-27-94 page 2 A) Ashmore Trace and Hazel Del Villas are not complying with the legal intent or spirit for cluster housing permits. There is NO non-flood plain land being set aside for nature preservation. Only the non-developable flood plain land is designated "nature trails" in the villages. B) Standard Parking ordinances and guidelines are being compromised with the "Den" designation for the third or fourth bedroom in the housing designs. Parking on the streets will be common place, making fire and police safety a major concern. C) The 1200 sq ft home designs are less than half the size of the homes in all the surrounding neighborhoods within miles. Much smaller than a double wide trailer. D) The 36 . 05 Ashmore acres were plated very quickly in early 1990, just before the new larger, single family lot ordinances went into effect . The current plated and approved forty-two single family lots ( 13, 000 to 14, 000 sq ft) of Ashmore Trace were established without correct DNR flood plain guidelines. These lots are already less than half the size of all surrounding developments. NO construction activity has taken place since plating in 1990, because of the flood plain problems. This blister passing variance request is a legal subterfuge to avoid the new cluster housing ordinance. 2) The original Ashmore Trace Primary Plat of 42 Lots was established and approved with faulty and biased flood plain (cross section delineations) data from 1989 . According to the Indiana Department of Natural Resources, NO 100 year flood plain for the 36 . 05 acres has yet been established. The Primary Plat and all variances should be placed on hold until receipt of F.E.M.A. ' s flood plain and flood way guidelines. These Federal flood plain guidelines are currently being finalized, with results expected later this summer (See attached letter) . 3) The May 1992 traffic survey is dramatically out of date, and the numbers vary with the official county records. SAFCO reports, one, 24 hour count for 146th street traffic between Hazel Dell and Gray Road at 5076 vehicles . The Hamilton County Highway Department documents post the traffic at 6777 vehicles. One has to be wrong. This survey was also taken about the same time period that the Kirkendale bridge was undergoing renovation, halting all traffic on 146th street east of Plan Commission 6-27-94 page 3 Since this study was conducted (over two years ago) a major shopping center has developed 3 .2 miles west on 146th street . There is no question that traffic4 tthetraffic uhas tripled in the last two years . A July ey should be commissioned. A) I would propose that the Plan Commission adoptdated resolution of : Requiring a traffic study and survor ey, dad within 60 days of application, be compulsory all passing blister variances . 4) The proposed passing blister on the North side of 146 th street is not physically possible. Not now, not within five years . There is no R.O.W. land available from the front yard of 6128 East 146 th/st. All land will have to be allocated from the south side of 146 th/st. Establish a center left turn lane for west bound 146 th/st, this will require a lane change for east bound 146 th/st . The current two lane bridge will require expansion to threee or four lanes. Hamilton County Highway Department Kreutz stated they have requested and recommended SAFCO contribute $ 30, 000 .00 and seventy feet of right-a-way along the south side of 146th street for this bridge and roadway modification. Has this been done? A) Without the land and money established en,now, up eft front, before development and approvals turn lane will ever exist, thus halting all west bound traffic 146r Ashmoreeach Trace andturn orinto Hazelone the Del 221 flus Villas. 5) SAFCO claims that the Ashmore Trace dev lopmestrmeets along and compliments the existing housing In fact, there are no other cluster homes for several miles either east or west, north or south of the proposed developments. Surly, lot sales of even SAFCO' s Ashton development would have unquestionably been compromised if "cluster homes" sized at 1200 square feet, were announced or under construction across Hazel Dell Road. 6) As I understand, the area density will be about 2 . 14 . That is only arrived if you utilize the 12 flood plain acres as part of the formula. If you remove the almost2floods5 . plain acres, the correct population density is Ashton is 1 . 6 . Scarborough Farms is .8 . You ue can nbsee that tthis is not reflective of the surrounding And when the correct flood plain is established, this number could change dramatically. Plan Commission 6-27-94 page 4 7) This property after plating set idle for quite some time. Then it was "For Sale" . As I understand it, SAFCO had a contract on this land which it expired, because of the flood plain and wet lands accounting for 12 or so of the 36 acres. I realize we all must make a profit to succeed. But proposing cluster homes to circumvent the flood plain issue is not justifiable, legitimate or ethical . Error in land purchase for home development should not equate to my loss or loss of surrounding homes values and legitimize the "cluster" plat approval . A) The negative economic impact and loss of re-sale value on the existing surrounding homes ( including mine) will be in the millions of dollars. The Carmel Plan Commission, Zoning ordinances and the Executive Committee ' s are the established protectors of our existing property values, attitudes and development guidelines for conservation, construction and adaptation of nature for all . B) Approving conforming developments is expected. Disapproving non-conforming developments is also expected. These are non-conforming developments. 8) In conclusion, i respectively request your rejection of the "blister variance" , and the combining "re-plating" of Ashmore Trace from 42 single family home lots, to 80 "cluster style" home lots. And the adjoining Hazel Del Villas cluster home plat request . A) I further request your consideration to review the current Ashmore Trace plat of 42 lots, reflective of corrected flood plain data and revert lot sizing back to the present standard Carmel single family home ordinance (without cluster homes) for these 36 .05 acres. B) All construction permits and plat variances and approvals should be tabled until after the flood plain has been established by F.E.M.A. . At that time, a simple and complete environmental impact study should be done reflective of the two creeks and drainage ditch on the property. Plan Commission 6-27-94 page 5 9) If I can provide any additional information, or be of any additional service, please feel free to contact me at any time. We are all looking forward to your perceptive and responsible guidance and understanding during your meeting on July 12, 1994 at 7 : 00PM. Respectfully submitted, W. Rick Sailor Scarborough Farms Zoning Spokes Person CC: Mr. Kent Ward - County Surveyor Mr. Les Locke - Hamilton County Engineer Ms. Jennifer Shea - SAFCO pc: Subdivision Committee Members: Mr. Dave Cremeans Mr. Dick Klar Mr. Allen Klineman Ms. Norma Meighen Ms. Barbara Myers Mr. Salim Majjar Mr. Ken Hinterlong F.E.M.A. 7-16-91 175 West Jackson Blvd. Fourth Floor Chicago, Illinois 60604-2698 (312) 408-5529 Dear Mr. Hinterlong, As per our telephone conversation, I would like to highlight some of the inaccuracies involved with the State of Indiana's Department of Natural Resources flood Plan evaluation of the Kirkendal Creek and the Vestibule Ditch in Noblesville Township, Hamilton County, Indiana. There were several cross sections taken for the property (48 Acres) North of 146 th street known as Scarborough Farms. These were put into the computer system and the "preliminary" 100 year flood way and flood plain elevations were identified. This showed clearly that NO homes within Scarborough Farms would require flood insurance. This work was completed when Mr. Bill Trackamus was there, but he left before the results were sent into F.E.M.A. to revise the flood plan maps. Before these results were forwarded to F.E.M.A. both a new Director and Engineer were put on this evaluation project. During this time before the results were sent in, a section of property, directly across the south side of 146th/st was purchased for the intention of having the property plated before any minimum lot size changes were adapted for Carmel , Indiana, which has jurisdiction of that property. There were new additional cross sections taken for that property. These were added and the computer was run again. Now with these down stream cross sections added, the estimated 100 year flood plain water level has been decreased 2 1/2 feet lower on the south side of the road, but 2 1/2 feet higher on the north side. This dramatic change in the flood plain greatly increases the usable land for development on the south side, and puts some of Scarborough Farms in the flood Plain, specifically my personal home. Also, as you pointed out, and Indiana DNR confirmed, the Indiana Department of Natural Resources Computer System they use does not allow for two flood plain waters to converge. The land 1/3 of a mile north of 146 th/st, as shown by the preliminary cross sections, is a flood plain for both the creek and ditch separated by one foot, because the computer system will not allow the water from Kirkendal Creek to flow over to exit the Vestable Ditch. When ever a "heavy" rain happens, about once a year, 100 yard wide low area floods across. I have this on VHS, if you would like a copy I would be happy to send you one. I asked Indiana DNR if they would like a copy, they said "no thanks" because their system still cannot transfer the water across two flood plains anyway ! The engineer for DNR did come out to make a site visit . I showed her (Peggy Sheppard) the VHS tape I had made of the "heavy rains" high water we had late May 1989, one of our heaviest precipitation months on record. We reviewed her elevations as compared to the actual terrain, north and south of 146th street. She admitted that obviously the computer had been programed with the wrong elevations and that she would make a review. Two weeks later, she stated that there would be a change in the flood plain on the north side of 146 th/st if the correct data was used, but that they were backed up and would not be able to run a corrected 100 year flood plan at this time. That they would be turning in the elevations with the wrong data, and that I would have to contact you, and ask your help in challenging their results. i would like to do just that . As you had mentioned on the phone, you were considering doing a total flood plan analysis for all of Hamilton County. Have you started this project yet ? Are you still planning to do it ? A total flood evaluation program would eliminate the many short falls of the limited Indiana system, and give us all a fair 100 year flood plain program to follow. If you would please advise me if the wrong data has been accepted by F.E.M.A. at this time. I would also appreciate information on challenging those results before they are accepted. My mailing address is : Mr. W. Rick Sailor 14626 Scarborough Lane Noblesville, Indiana 46060 Home # (317) 773-0090 Office # (317) 773-9090 FAX # ( 317) 773-4949 I look forward to your response. Sincerely, W. Rick Sailor