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
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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