HomeMy WebLinkAboutCorrespondence Lopez, Alexia K
From: Jon Dobosiewicz <jond@nf-law.com>
Sent: Monday, November 26, 2018 4:34 PM
To: Lopez,Alexia K;Jim Shinaver
Cc: Matt Pleasant
Subject: RE: Legacy PUD Amendment - Council Version
Attachments: Legacy Amendment to PUD - page 1.pdf
Follow Up Flag: Follow up
Flag Status: Completed
Alexia,
Thanks for the catch.
See corrected page attached.
Jon C. Dobosiewicz, Land Use Professional
Nelson & Frankenberger, 550 Congressional Blvd, Suite 210, Carmel, Indiana 46032
Phone (317) 844-0106, ext 135 / Fax (317) 846-8782 / Cell (317) 428-8393 / Email jon(a�nf-law.com
Nelson
Frankenberger. LLC
Attorneys at Law
From: Lopez, Alexia K [mailto:alopez@carmel.in.gov]
Sent: Monday, November 26, 2018 4:26 PM
To:Jim Shinaver<iims@nf-law.com>;Jon Dobosiewicz<jond(Wnf-law.com>
Cc: Matt Pleasant<matt@nf-law.com>
Subject: RE: Legacy PUD Amendment-Council Version
Thanks Jim. I looked at the PUD Amendment in more detail, and the amendments look good, however the Docket Number on
the first page is incorrect. Otherwise it looks good to go.
Thanks,
Alexia
From: Jim Shinaver [mailto:jims@nf-law.com]
Sent: Wednesday, November 21, 2018 4:39 PM
To: Lopez, Alexia K; Jon Dobosiewicz
Cc: Matt Pleasant
Subject: RE: Legacy PUD Amendment- Council Version
Alexia—
Yes,go ahead and take more detailed look on Monday and then get back to us.Tanks and have a good Thanksgiving.
James E. Shinaver, Partner
1
Sponsor: Councilor Finkam
ORDINANCE Z-637-18
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING THE LEGACY
PLANNED UNIT DEVELOPMENT DISTRICT (Z-501-07)
Synopsis:
Ordinance establishes an Amendment to the Legacy Planned Unit Development District
Ordinance, Ordinance Number Z-501-07 which Amendment shall be referred to as The Legacy
PUD Amendment Ordinance Number Z-637-18 (the "Legacy PUD Amendment Ordinance').
The Legacy PUD Amendment amends certain provisions of the original Legacy PUD Ordinance
Number Z-501-07, which was adopted by the Common Council on January 22, 2007 (the
"Original Legacy PUD') pertaining to the Amenity Area improvements, Maximum Unit
Limitations and Common Area irrigation currently served by wells to be connected to City Water
Service.
WHEREAS, the Cannel Unified Development Ordinance, Ordinance Z-625-17, as
amended (the "Unified Development Ordinance"), provides for the establishment of a Planned
Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.;
and
WHEREAS, on January 22, 2007 the Common Council adopted the Legacy Planned Unit
Development Ordinance, Ordinance Number Z-501-07 which established the Legacy PUD
District(the"Original Legacy PUD"); and
WHEREAS, the Plan Commission has given a Favorable recommendation to this Legacy
PUD Amendment Ordinance under docket number 18090010 OA, which Legacy PUD
Amendment Ordinance amends certain provisions of the Original Legacy PUD with respect to
the real estate that was legally described on Exhibit A of the Original Legacy PUD (the "Real
Estate").
NOW, THEREFORE, BE IT ORDAINED by the Council, that: (i) pursuant to IC §36-7-
4-1500 et seq., the Council adopts this Legacy PUD Amendment Ordinance, as an amendment to
the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this
Legacy PUD Amendment Ordinance and its exhibits are hereby made inapplicable to the use and
development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real
Estate or parts thereof inconsistent with any provision of this Legacy PUD Amendment
Ordinance shall be null and void and replaced and superseded by this Legacy PUD Amendment
Ordinance; and, (iv) this Legacy PUD Amendment Ordinance shall be in full force and effect
from and after its passage and signing.
Lopez, Alexia K
From: Jon Dobosiewicz <jond@nf-law.com>
Sent: Tuesday, November 20, 2018 3:13 PM
To: Lopez, Alexia K
Cc: Jim Shinaver
Subject: FW: Tonight - Legacy
See below. Sue requested and we provided the below text in the amenity section. I will make this part of our presentation this
evening.
Please give me a call to discuss PC action.
From:Jon Dobosiewicz
Sent:Tuesday, November 20, 2018 3:08 PM
To: 'Finkam, Sue' <sfinkam@carmel.in.gov>
Cc:Jim Shinaver<jims@nf-law.com>
Subject: RE:Tonight- Legacy
Sue,
See revised text below:
"Section 1.E. The Controlling Developer shall complete construction of the Amenity Area no later than May 15, 2020 provided
Cherry Creek Boulevard is completed (open to public travel) by June 30, 2019. For every day the road is delayed,the
developer is allowed an additional day to construct the Amenity Area."
Thanks,
Jon
1
Lopez, Alexia K
From: Jon Dobosiewicz <jond@nf-law.com>
Sent: Wednesday, October 31, 2018 3:33 PM
To: Lopez,Alexia K
Cc: Jim Shinaver; Matt Pleasant
Subject: RE: Review Comments for Legacy PUD Amendment (#18090010 OA)
Attachments: Legacy Amendment to PUD - Draft 3 103118.pdf; Legacy red line 103118.pdf; Use Map with
notes.pdf; Exhibit -Amenity - Location.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Alexia,
Please see our responses below in red and with the attached files. I have also attached an updated ordinance and red line of the
same form the version previously submitted for your review.
Thanks,
Jon
Jon C. Dobosiewicz, Land Use Professional
Nelson & Frankenberger, 550 Congressional Blvd, Suite 210, Carmel, Indiana 46032
Phone(317) 844-0106, ext 135 / Fax (317) 846-8782 /Cell (317) 428-8393 / Email jon@nf-law.com
General:
1. Please provide digital copies of any revised plans.See attached.
2. Please provide copies of your correspondence with the TAC members and their correspondence with
you. Understood. None to date.
3. Provide a copy of the List of Adjacent Property Owners from Hamilton County Auditor's Office.This item will be
provided under a separate transmittal with the proof of notice.
4. Provide the filled out and notarized affidavit of notice of public hearing page of the application. This item will be
provided under a separate transmittal with the proof of notice.
5. Provide the filled out Notice of Public Hearing page of the application. This item will be provided under a separate
transmittal with the proof of notice.
6. Provide the filled out and notarized Public Notice Sign Placement affidavit page of the application. This item will be
provided under a separate transmittal with the proof of notice.
7. Provide the Certificates of Mailing. This item will be provided under a separate transmittal with the proof of notice.
8. Provide the newspaper affidavit. This item will be provided under a separate transmittal with the proof of notice.
PUD Comments:
9. Sec.1.C:This requirement does not seem to set a concrete time limit for building the amenity area as even if Cherry
Creek Blvd is finished,there is nothing to require the amenity area to obtain DP/ADLS. When do you plan on filing
DP/ADLS for the amenity area? The text has been revised to not require DP/ADLS provided the amenities are in
substantial compliance with the layout illustrated on Exhibit B, requiring application for TAC within 30 days of Ordinance
approval and start of construction with 60 days of TAC review. This should expedite the permit review and approval
process.
10. Sec. 2:You will be replacing Section 17.1 as a whole, correct? Not just Sections 17.1 (A) and 17.1 (B)?Yes. See amended
text to address this request. The revised text just clarifies the amended provisions and how they fit into the Original
Legacy PUD.
1
11. Sec.4: If the trees in "Barker's Canopy" are to be preserved, should they be placed in a tree preservation easement
when they are included in a plat?We have highlight the area on Exhibit A and revised the text to require a tree
preservation easement if the area is included in a plat.
12. Can you provide an exhibit showing where (per the PUD) apartments could be located?See attached Use Block Map
with undeveloped areas where apartments are permitted identified.
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2
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IND IANpi DEPARTMENT OF COMMUNITY SERVICES
October 16,2018
Mr.Matt Pleasant,AICP
Nelson&Frankenberger
550 Congressional Blvd.,Ste.210
Carmel,IN 46032
RE:Legacy PUD OA
Dear Mr.Pleasant:
The following letter represents comments for this project specifically addressing the area of alternative transportation.
I have reviewed the submittal for the October 17,2018 Technical Advisory Committee meeting and have no
comments regarding ordinance amendment.
We request that all responses to our comments be provided in writing. Failure to provide written responses may result
in delay of the review process.
It is critical that this office be made aware of all modification made on the plans being re-submitted,particularly if any
such changes are considered"new”or fall outside of our previous reviews.Please provide revised plans indicating all
revisions. Please notify us of any changes and specifically state any changes,including changes resulting from Plan
Commission,Special Studies or other committee meetings.
The Department of Community Services reserves the right to provide additional comments based on subsequent
reviews.
If you have questions,please contact me at 571-2417.
Sincerely,
David Littlejohn
Alternative Transportation Coordinator
cc: Alexia Lopez,Department of Community Services
Engineering Department Review
Project File
Page 1
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417
Lopez, Alexia K
From: Jon Dobosiewicz <jond@nf-law.com>
Sent: Wednesday, November 21, 2018 10:31 AM
To: Lopez, Alexia K
Cc: Jim Shinaver; Matt Pleasant
Subject: Legacy PUD Amendment - Council Version
Attachments: Legacy red line 112118.pdf; Legacy Amendment to PUD - Draft 5 112118.pdf
Alexia,
Please see attached a red line and updated copy of the PUD Amendment including the PC vote,ordinance number and agreed
upon additional provision.
Please review and confirm it is in acceptable form for submittal to council and forward us a copy of the PC certification of its
vote when completed.
Thanks and Happy Thanksgiving.
Jon
Jon C. Dobosiewicz, Land Use Professional
Nelson & Frankenberger, 550 Congressional Blvd, Suite 210, Cannel, Indiana 46032
Phone (317) 844-0106, ext 135 /Fax (317) 846-8782 / Cell (317) 428-8393 / Email jon@nf-law.coin
113 Nelson
Frankenberger,
Attorneys at Law
Email secured by Check Point
i
Sponsor: Councilor Finkam
ORDINANCE Z- -P)-637-18
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
AMENDING THE LEGACY
PLANNED UNIT DEVELOPMENT DISTRICT (Z-501-07)
Synopsis:
Ordinance establishes an Amendment to the Legacy Planned Unit Development District
Ordinance, Ordinance Number Z-501-07 which Amendment shall be referred to as The Legacy
PUD Amendment Ordinance Number Z 19 637-18 (the "Legacy PUD Amendment
Ordinance'). The Legacy PUD Amendment amends certain provisions of the original Legacy
PUD Ordinance Number Z-501-07, which was adopted by the Common Council on January 22,
2007 (the "Original Legacy PUD') pertaining to the Amenity Area improvements, Maximum
Unit Limitations and Common Area irrigation currently served by wells to be connected to City
Water Service.
WHEREAS, the Carmel Unified Development Ordinance, Ordinance Z-625-17, as
amended (the "Unified Development Ordinance"), provides for the establishment of a Planned
Unit Development District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.;
and
WHEREAS, on January 22, 2007 the Common Council adopted the Legacy Planned Unit
Development Ordinance, Ordinance Number Z-501-07 which established the Legacy PUD
District(the"Original Legacy PUD"); and
WHEREAS, the Plan Commission has given a Favorable recommendation to
this Legacy PUD Amendment Ordinance under docket number 18099910 OA, which Legacy
PUD Amendment Ordinance amends certain provisions of the Original Legacy PUD with respect
to the real estate that was legally described on Exhibit A of the Original Legacy PUD (the "Real
Estate").
NOW, THEREFORE, BE IT ORDAINED by the Council, that: (i) pursuant to IC §36-7-
4-1500 et seq., the Council adopts this Legacy PUD Amendment Ordinance, as an amendment to
the Zone Map; (ii) all prior ordinances or parts thereof inconsistent with any provision of this
Legacy PUD Amendment Ordinance and its exhibits are hereby made inapplicable to the use and
development of the Real Estate; (iii) all prior commitments and restrictions applicable to the Real
Estate or parts thereof inconsistent with any provision of this Legacy PUD Amendment
Ordinance shall be null and void and replaced and superseded by this Legacy PUD Amendment
Ordinance; and, (iv) this Legacy PUD Amendment Ordinance shall be in full force and effect
from and after its passage and signing.
NOW, THEREFORE, BE IT ORDAINED by the Carmel City Council, that the Original
Legacy PUD be amended as follows by this Legacy PUD Amendment Ordinance:
Section 1. Amenity Area: Section 11.8 of the Original Legacy PUD is replaced and
superseded by the following:
A. The Controlling Developer shall construct an Amenity Area on the Real
Estate in the area marked in green cross-hatch as generally depicted on
Exhibit A (Amenity Area Location Map) which is attached hereto and
incorporated herein by reference.
B. The Amenity Area shall contain, at a minimum, the following improvements:
1. One (1) outdoor pool of a minimum size of one thousand nine
hundred fifty(1,950) square feet;
2. One (1) wading pool of a minimum size of two hundred (200) square
feet;
3. A bathhouse with changing rooms and storage;
4. A pavilion;
5. A picnic area;
6. A sport court;
7. Playground equipment; and,
8. A parking area.
C. The conceptual layout for the Amenity Area is shown on Exhibit B (Amenity
Area Conceptual Site Plan) which is attached hereto and incorporated herein
by reference.
D. Development Plan ("DP") and Architectural Design, Landscaping, Lighting
and Signage ("ADLS") approval shall not be required if the Amenity Area is
in substantial compliance with the layout illustrated on Exhibit B. Technical
Advisory Committee ("TAC") review shall be required. An application for
TAC review shall be submitted within sixty (60) days of adoption of this
Ordinance.
E. The Controlling Developer shall commence construction of the Amenity Area
within (i) sixty (60) days after obtaining TAC review or (ii) completion of
Cherry Creek Boulevard,whichever occurs later.
2
F. The Controlling Developer shall complete construction of the Amenity Area
no later than May 15, 2020 provided Cherry Creek Boulevard is completed
(open to public travel) by June 30, 2019. For every day the road is delayed,
the developer is allowed an additional day to construct the Amenity Area.
Section 2. Maximum Unit Limitations:
A. Section 17.1 (Primary Residential Density) of the Original Legacy PUD is
replaced and superseded in its entirety by the following: The total number of
Detached Dwellings, Attached Dwellings, Apartments, and CCRC Cottages
shall not exceed one thousand two hundred fifty (1,250), may occur in any
combination subject only to the limitation of Section 2 of this Ordinance, are
referred in the Chart in Section 17.3 of the Original Legacy PUD as "Base
Units", and may occur in any combination subject only to the limitations
below:
1. Maximum Attached Dwellings. Without the approval of the Plan
Commission, there shall be no more than four hundred seventy six
(476) Attached Dwellings.
2. Maximum Apartments. Without the approval of the Plan
Commission, there shall be no more than three hundred eighty nine
(389) Apartments.
B. Section 17.2 (Ancillary Use Limitations) of the Original Legacy PUD is
amended to replace "one thousand three hundred forty-four (1,344)" with the
limitation amended above, "one thousand two hundred fifty (1,250)". The
regulation of Ancillary Units is otherwise unchanged and remains regulated
per Section 17.2 and Section 17.3 of the Original Legacy PUD.
Section 3. The Controlling Developer shall cause any Common Areas that are currently
irrigated directly by a well to have said Common Areas be connected to City of Carmel
water service for irrigation purposes.
Section 4. The trees in "Barker's Canopy" (the central woods), as illustrated on Exhibit
A shall be preserved and shall not be removed. This area shall be included in a tree
preservation easement if included in a subdivision plat.
Section 5. All provisions of the Original Legacy PUD not affected by this Legacy PUD
Amendment Ordinance Number Z 19-637-18 shall continue, unchanged, and the
Original Legacy PUD Ordinance, as amended and revised by this Legacy Amendment
I Ordinance Number Z 19-637-18, shall remain in full force and effect.
I Section 6. This Legacy Amendment Ordinance Number Z 19-637-18 shall be in
full force and effect from and after its passage by the Common Council and signing by
the Mayor.
I
3
ADOPTED by the Common Council of the City of Carmel, Indiana this day of
, 2018,by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
ADOPTED by the Common Council of the City of Carmel, Indiana this day of
, 2018,by a vote of ayes and nays.
Presiding Officer H. Bruce Kimball
Laura D. Campbell Kevin D. Rider
Ronald E. Carter Tony Green
Sue Finkam Jeff Worrell
ATTEST:
Christine S. Pauley, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2018, at .M.
Christine S. Pauley, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of
2018, at .M.
James Brainard, Mayor
ATTEST:
Christine S. Pauley, Clerk-Treasurer
This Instrument prepared by: James E. Shinaver, attorney at law, and Jon C. Dobosiewicz, land
use professional, of NELSON & FRANKENBERGER. LLC, 550 Congressional Boulevard,
Suite 210, Carmel, IN 46032
Legacy Amendment to PUD-Draft' 10'1 I15 112118
5
Exhibit A
Amenity Area Location Map
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BARKERS ,
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LOCAUTCHISIT
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6
Exhibit B
Amenity Area Conceptual Site Plan
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AqKING LOT °
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LEGACY AMENITY CONCEPT
CHERRY CREEK BOULEVARD
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7
Nelson &
l�F ;,
Frankenbemor-er, LLCI pAttorneys at Law
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
BRIAN K. TEKULVE
VALERIE L. MATHEIS—
JANE B. MERRILL — Of Counsel
November 12, 2018
Via Hand delivery
Carmel Department of Community Services
Attn: Alexia Lopez
City of Carmel
RE: Legacy Text Amendment Docket No. 18090010 OA
Proof of Notice Submittal
Dear Alexia —
JON C. DOBOSIEWICZ
MATT PLEASANT, AICP
Land Use Professionals
'Also licensed in Kentucky
""Also licensed in Illinois
Enclosed please find all exhibit evidencing Proof of Noticing for the above referenced
matter, as a well as a flash drive containing the same.
Should you have any questions regarding the above, please contact me.
Enclosures
Sincerely,
JiT'Shr ver
550 Congressional Blvd., Suite 210
Carmel, Indiana 46032
Phone: 317-844-0106 / Fax: 317-846-8782
Lopez, Alexia K
From: Lopez,Alexia K
Sent: Thursday, October 18, 2018 5:28 PM
To: jims@nf-law.com;Jon C. Dobosiewicz (jond@NF-LAW.com)
Cc: Mindham, Daren; Chavez, Nathan
Subject: Review Comments for Legacy PUD Amendment (#18090010 OA)
Hello,
The Planning/Zoning Department's preliminary review comments are listed below for the Legacy PUD Amendment. (Please note
that additional comments might be voiced during the course of this review process.) Please address each item via letter or email
response by November 2, 2018. If you would like to have a conference call or meet in person, please feel free to contact me.
General:
1. Please provide digital copies of any revised plans.
2. Please provide copies of your correspondence with the TAC members and their correspondence with you.
3. Provide a copy of the List of Adjacent Property Owners from Hamilton County Auditor's Office.
4. Provide the filled out and notarized affidavit of notice of public hearing page of the application.
5. Provide the filled out Notice of Public Hearing page of the application.
6. Provide the filled out and notarized Public Notice Sign Placement affidavit page of the application.
7. Provide the Certificates of Mailing.
8. Provide the newspaper affidavit.
PUD Comments:
9. Sec.1.C:This requirement does not seem to set a concrete time limit for building the amenity area as even if Cherry
Creek Blvd is finished,there is nothing to require the amenity area to obtain DP/ADLS. When do you plan on filing
DP/ADLS for the amenity area?
10. Sec. 2: You will be replacing Section 17.1 as a whole, correct? Not just Sections 17.1 (A) and 17.1 (B)?
11. Sec. 4: If the trees in "Barker's Canopy" are to be preserved, should they be placed in a tree preservation easement
when they are included in a plat?
12. Can you provide an exhibit showing where (per the PUD) apartments could be located?
Sincerely,
Alexia Lopez
Planning Administrator
City of Carmel, DOCS
One Civic Square
Carmel, IN 46032
317.571.2417
alopez@carmel.in.gov
APlease consider the environment before printing this e-mail
1
NELSON & FRANKENBERGER, LLC
ATTORNEYS AT LAW
CHARLES D.FRANKENBERGER 550 Congressional Blvd, Suite 210 JANE B.MERRILL
JAMES E.SHINAVER Of Counsel
LAWRENCE J.KEMPER* Carmel, Indiana 46032
JOHN B.FLATT Phone: 317-844-0106 JON C.DOBOSIEWICZ
FREDRIC LAWRENCE MATT PLEASANT,AICP
BRIAN K.TEKULVE Facsimile: 317-846-8782 Land Use Professionals
VALERIE L.MATHEIS"
*Licensed in Kentucky
**Licensed in Illinois
Via Hand Delivery r�
August 10, 2018 112
@ N El W [E .'
City of Carmel C
Attn: Alexia Lopez NOV 0 9 2018 '1,
Re: Falcon Nest II,LLC By
Legacy PUD Amendment—Docket No. 18090010 OA
Dear Alexia:
Enclosed please find fifteen (15) copies of the Plan Commission brochures for distribution to Plan Commission
members for the November 18,2018 Plan Commission meeting, as well as a flash drive that contains a digital copy
of the brochure.
Thanks for your assistance in this matter and should you have any questions please do not hesitate to contact me.
Very truly yours,
NELSON&FRANKENBERGER,LLC
Jon C.Dobosiewicz
Land Use Professional