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Home My WebLink AboutCorrespondence BOSE MCKINNEY Bryan H. Babb & II VA�TS LLP Direct Dial:(317)684-5172 j j �j Fax: (317)223-0172 E-Mail: BBabb@boselaw.com ATTORNEYS AT LAW March 4, 2019 VIA EMAIL Stephen R. Buschmann. Esq. THRASHER, BUSCHMANN&VOELKEL, P.C. 151 N. Delaware St., Suite 1900 Indianapolis, IN 46204 Dear Steve, I am writing in response to your letter dated February 19, 2019, regarding pending Zoning Petition No. 18100001PUD as it concerns property located at the corner of 106th Street and Ditch in Carmel. It is the City's position and belief that it has acted in good faith to accomplish all of the NOAX settlement provisions related to zoning and planning for Southwest Carmel, as well as the components of the Unified Development Ordinance that were memorialized as part of our 2018 Mutual Release and Settlement Agreement. The time for using the NOAX Agreement for zoning decisions ended on January 1, 2012, when the City fulfilled its obligations as memorialized in our 2018 settlement agreement. You yourself acknowledged this in your letter of January 22, 2009, when you said that: "When Carmel adopted Ordinance C-263A, Carmel recognized a higher standard in the Annexation Territory that creates a strong presumption that a proposed change is not in the public interest, for the period of time extending from the effective date of the Ordinance until January 1, 2012.") (emphasis added). However, notwithstanding the City's legal position as set forth above, the staff report at issue herein was issued without Mayor Brainard's knowledge or approval. As currently written, the Mayor believes that the report fails to take into account the numerous promises that he personally made to the affected communities not to support residential density greater than one unit per acre near their subdivisions. The City is confident that its legal footing on this issue is firm. However, it has decided not to assert its legal arguments against your letter's contentions. Therefore, the Mayor has directed the Department of Community Services to change its report to the Plan Commission to indicate that it does not 111 Monument Circle,Suite 2700 I Indianapolis,Indiana 46204 I (317)684-5000 I (317)684-5173(fax) I www.boselaw.com Bose McKinney&Evans LLP is a member of Mackrell International,a network of independent law firms from more than 60 countries. BOSE McKINNEY &EVANS L U) ATTORNEYS AT LAW Stephen R. Buschmann. Esq. March 4, 2019 Page Two support any zoning changes that would permit new residential development greater than one unit per acre at this location. Please email or call with any questions. Sincerely, 71/13 ryan H. Babb BHB 3597016_1 111 Monument Circle,Suite 2700 I Indianapolis,Indiana 46204 I (317)684-5000 I (317)684-5173(fax) I www.boselaw.com Bose McKinney&Evans LLP is a member of Mackrell International,a network of independent law firms from more than 60 countries. Shestak, Joe Subject:FW: \[EXT\] 106th and Ditch project - Continuance Request From: Roger.Kilmer@icemiller.com \[mailto:Roger.Kilmer@icemiller.com\] Sent: Friday, February 22, 2019 11:56 AM To: Keesling, Rachel M; Timothy.Ochs@icemiller.com Cc: Conn, Angelina V; Shestak, Joe Subject: RE: \[EXT\] 106th and Ditch project - Continuance Request Rachel, th We must request another continuance of the Committee’s review of the proposed PUD at 106 & Ditch. Please continue this th case to the March 28 Meeting date as there are some aspects of the development that are still under discussion and it would be premature to move forward at this time. Thank you. Roger Kilmer Practice Group Specialist – Land Use Consultant Roger.Kilmer@icemiller.com p 317-236-2106 f 317-592-4205 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 To learn more about the firm and its services, visit us at icemiller.com From: Keesling, Rachel M \[mailto:rkeesling@carmel.in.gov\] Sent: Monday, February 18, 2019 2:28 PM To: Ochs, Timothy; Kilmer, Roger Cc: Conn, Angelina V; Shestak, Joe Subject: \[EXT\] 106th and Ditch project Good afternoon gentlemen, Just checking in with you to see if you will be coming to the March 5 Residential Committee meeting or if you would like to be shown as Tabled to Thursday, March 28 meeting. Packets are due this Friday by noon if you plan to attend. Please let us know. Thanks, Rachel Keesling Planning Administrator 1 Lopez, Alexia K From: Lopez, Alexia K Sent: Wednesday, December 05, 2018 10:22 AM To: Lopez, Alexia K Subject: FW: Review Comments for 106th and Ditch PUD (Docket#18100001 PUD) From: Lopez, Alexia K Sent: Monday, November 05, 2018 5:36 PM To: Ochs, Timothy (Timothy.Ochs@icemiller.com); Kilmer, Roger(Roger.Kilmer@icemiller.com) Cc: Mindham, Daren; Littlejohn, David W; Jordan, Alex; Shestak, Joe Subject: Review Comments for 106th and Ditch PUD (Docket #18100001 PUD) Hello, The Planning/Zoning Department's preliminary review comments are listed below for the 106`h& Ditch PUD Rezone. (Please note that additional comments might be voiced during the course of this PUD process.) Please address each item via letter or email response. 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 Official List of Adjacent Property Owners from Hamilton County Auditor's Office. Be sure to request the list for the Carmel Plan Commission. 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. 9. Please provide a Zoning Comparison Chart that compares the proposed zoning standards to the current S-1 standards in the UDO. 10. Please provide the statement of compliance with the Carmel/Clay Comprehensive Plan. 11. Can you provide a sample Plot Plan for a lot that would show how a house and driveway would be placed on the lot. 12. Please print all future versions of the PUD double sided, including in the info packets for the Plan Commission. PUD Comments 13. Please submit any revised PUD as a redlined PUD so that deletions and additions to the PUD can easily be identified. 14. Please choose a name for the PUD so that it is not the Placeholder PUD. 15. Page 1: Please correct the Docket Number listed. 16. Sec. 1.2:When referencing the UDO,do we need to state "as amended" in case there are changes made to the UDO since its adoption on January 1, 2018? 17. Sec. 2.2.C: Exhibit D is mentioned, but I did not see it submitted. Please submit. 18. Sec. 5.1: Please increase the minimum open space required to 25%, as is required in the UDO, Sec. 6.09. 19. Sec.6.4: Per the UDO Sec. 6.09, a minimum of 25 ft. of perimeter landscaping is required along Ditch Rd. 20. Sec. 8.3:The minimum right-of-way required for a local street per the Carmel Transportation Plan is 56 ft. Is the Carmel Engineering Dept. supportive of the proposed 52 ft. right-of-way? 21. Sec. 8.5.B: Please better show the connection to Crooked Stick Lane on the Conceptual Plan. It does not appear to be clearly shown currently. 22. Sec. 8.5: Please consider adding another entry to the subdivision from 106th Street to break up the block length and provide an additional access point. 23. Sec. 8.5: Please consider adding a stub street from the cul-de-sac street to the east in case the property to the east is subdivided in the future. Ideally this stub street would be able to align with Regal Drive across Ditch Rd. 24. Sec. 8.6: Please add a maximum height for the perimeter privacy wall. We would suggest 6 ft. 1 a. Please provide an example of what the perimeter wall will look like. b. Will there be landscaping on the outside of the wall to help soften the appearance from the road? c. Please list what the permitted or prohibited materials are allowed for the privacy wall. Architectural Standards 25. Sec. 9.C: This section references conceptual home elevations. Please provide. 26. Sec. 10.C: Please consider allowing up to 10 homes to have less than the 50%masonry on the front facade to allow more variety in the neighborhood. 27. Sec. 12.A: Please add corner lots to this section which would include lots 3, 16, 23, and 24. 28. Sec. 12.A: Please remove or clarify"a change in material,the addition of architectural detail or change in pattern" as these are too vague. a. Please submit a visual exhibit that helps explain these options. 29. Sec. 13.B: Please adjust this section as public sidewalks are not required on a lot, but within the right-of-way. 30. Sec. 14: Since the PUD will allow only a 25 ft. setback and porches are required, please add a requirement that there will be a sidewalk from the street sidewalk up to the front porch. This will help enhance the pedestrian experience instead of forcing people to walk up the driveway which may or may not have cars parked in it. Thanks, 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 2 Lopez, Alexia K From: Roger.Kilmer@icemiller.com Sent: Wednesday, November 21, 2018 10:52 AM To: Lopez, Alexia K Cc: Timothy.Ochs@icemiller.com Subject: RE: [EXT] 106th & Ditch PUD Acreage Attachments: Survey-c.pdf; Legal Description-c.pdf; Deed-c.pdf Follow Up Flag: Follow up Flag Status: Flagged Alexia, Attached is the original survey, which does not include the two eminent domain takings Tim referenced. Additionally, this survey does not include the small parcel between the primary site and Crooked Stick Lane. The attached legal description does include this small parcel and "excepts" out the takings. Also provided is the Deed for the involved property(both the main parcel and the small parcel along Crooked Stick Lane). Please let me know of any questions. Thanks and have a happy Thanksgiving. Mao t LEGAL COUNSEL Roger Kilmer Practice Group Specialist— Land Use Consultant Roger.Kilmer(a�icemiller.com p 317-236-2106 f 317-592-4205 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 To learn more about the firm and its services, visit us at icemiller.com From: Ochs, Timothy Sent: Wednesday, November 21, 2018 10:44 AM To: Lopez, Alexia K; Kilmer, Roger Subject: RE: [EXT] 106th & Ditch PUD Acreage Alexia: We will send you the original survey, which shows the exact acreage before 2 eminent domain actions pursuant to which the City and Clay West Regional Waste took about .5 acres. We will also send the most recent deed. Given the Thanksgiving holiday, however, it may not be till Monday. Tim 1 From: Lopez, Alexia K [alopez@carmel.in.gov] { ' Sent: Wednesday, November 21, 2018 10:26 AM To: Ochs, Timothy; Kilmer, Roger Subject: [EXT] 106th & Ditch PUD Acreage Hi Tim & Roger, Can you please submit an updated legal description and acreage for the site? I believe last night you said the acreage was actually around 27 acres, but I am not seeing that on anything in the file so far and Hamilton County GIS shows it at 25 acres. Thanks, 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 ******************************************* =**************************************************** *********************************************************** CONFIDENTIALITY NOTICE: This E-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this E-mail or any attachment is prohibited. If you have received this E-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you. ICE MILLER LLP ************************************************************************************************ *********************************************************** Email secured by Check Point 2 DULY ENTERED FOR TAXATION 2018030077 QCD $25.00 Subject day to of al acceptance18-H of transfer 07/03/2018 02:24:11PM 5 PGS 3rd day of July 2018-HG K, 1 ym4 AudilorofHamiftonCounty Jennifer Hayden Hamilton County Recorder IN CDH Parcel Recorded as Presented nc Parcel#17-13-04-04-01-013.000 III 111 I11111111111 I III 111111 III1111I 111111111 QUITCLAIM DEED THIS INDENTURE WITNESSETH, that SEXTON DEVELOPMENT, LLC, an Indiana limited liability company ("Grantor"), hereby QUITCLAIMS to SEXTON CHARITABLE FOUNDATION, INC., an Indiana non-profit corporation ("Grantee"), the real estate being and situated in the County of Hamilton, State of Indiana, described on Exhibit "A" attached hereto and incorporated herein by reference. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] EXEMPT FROM SALES DISCLOSURES 1113269155.1 DJB IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed this .29 day of .,►z ,2018. GRANTOR SEXTON DEVELOPMENT, LLC, an Indiana limited liability company By: Marlyne Sext n, Manager STATE OF //✓ ) SS: COUNTY OF a-rr eri ) Before me, a Notary Public in and for said County and State, personally appeared G. Marlyne Sexton, the Manager of Sexton Development, LLC, an Indiana limited liability company, who acknowledged the execution of the foregoing Quitclaim Deed on behalf of said limited liability company. Witness my hand and Notarial Seal this ,q day of June , 2018. (sig lure) 4, 6/L1-6y , (printed name) (Notary / My Commission Expires: e I � t y`: County of Residence: /"lel.'t • 1\13269155.1 Send tax statements to and Sexton Charitable Foundation, Inc. Grantee's mailing address is: 9001 N. Meridian Street Indianapolis, Indiana 46260 This instrument was prepared by and return after recording to: Timothy E. Ochs, Ice Miller LLP, One American Square, Suite 2900, Indianapolis, IN 46282-0200. I, affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Timothy E. Ochs I113269155.1 EXHIBIT A The Southeast Quarter of the Southeast Quarter of Section 4, Township 17 North, Range 3 East EXCEPT that part thereof more particularly described as follows: Beginning at the Northeast corner of said Quarter, Quarter Section; thence West in and along the North line thereof 736 feet; thence South 679 feet; thence South 80 degrees 24 minutes East a distance of 12 feet; thence East 91 feet; thence South 101.25 feet; thence East 623.6 feet to a point in the East line of said Quarter, Quarter Section; thence North in and along said East line 767.3 feet to the place of beginning, such excepted portion containing in all 12.71 acres,more or less, subject to all legal rights-of-way. THE ABOVE-DESCRIBED REAL ESTATE WAS FOUND BY SURVEY TO BE DESCRIBED AS FOLLOWS: TRACT 1 A part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 17 North, Range 3 East,Hamilton County, Indiana,more particularly described as follows: Beginning at the Southeast corner of said Southeast Quarter Quarter Section; thence North 89 degrees 58 minutes 48 seconds West along the South line of said Quarter Quarter Section 1,331.10 feet to the Southwest corner of said Quarter Quarter Section;thence North 00 degrees 27 minutes 38 seconds East along the East line of said Spring Run Estates, Section One, recorded as Book 2, Page 272 in the Office of the Recorder in Hamilton County, Indiana, being the West line of said Quarter Quarter Section 1,333.14 feet to the Northwest corner of said Quarter Quarter Section; thence North 89 degrees 46 minutes 11 seconds East along the North line of said Quarter Quarter Section 596.97 feet; thence South 00 degrees 01 minutes 38 seconds East 679.0 feet; thence South 80 degrees 24 minutes 00 seconds East 12.00 feet; thence North 88 degrees 54 minutes 09 seconds East 91.00 feet; thence South 01 degrees 24 minutes 28 seconds East 101.25 feet; thence North 88 degrees 30 minutes 49 seconds East 623.60 feet; thence South 00 degrees 33 minutes 38 seconds West along the East line of said Quarter Quarter Section 571.69 feet to the place of beginning; and TRACT 2 Block A in Spring Run Estates, Section One, a subdivision in Hamilton County, Indiana, as per plat thereof, recorded in Plat Book 2, Page 272 in the Office of the Recorder of Hamilton County,Indiana. Excepting therefrom the following: Beginning at the southwest corner of said Quarter-Quarter at a PK nail; thence North 00 degrees 13 minutes 34 seconds East a distance of 40.00 feet; thence North 89 degrees 42 minutes 34 seconds East a distance of 377.19 feet; thence South 00 degrees 17 minutes 25 1\13269155.I seconds East a distance of 40.00 feet to the south line of said Quarter-Quarter;thence South 89 degrees 42 minutes 35 seconds West, along the south line of said Quarter-Quarter, a distance of 377.55 feet to the point of beginning, having an area of 15095 square feet, 0.35 acres. And further, excepting therefrom the following: A part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the Grantor's land lying within the Right-of-Way lines depicted on the attached Right-of-Way Parcel Plat,marked EXHIBIT "B", more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter Quarter Section; thence North 00 degrees 13 minutes 49 seconds East 87.32 feet along the east line of said section to the Point of Beginning of this description; thence North 89 degrees 46 minutes 11 seconds West 40.00 feet to the point designated as "11" on said parcel plat; thence North 00 degrees 13 minutes 49 seconds East 482.94 feet to a point on Grantor's north line; thence North 88 degrees 12 minutes 14 seconds East 40.02 feet along the said north line to the east line of said section; thence South 00 degrees 13 minutes 49 seconds West 484.35 feet to the Point of Beginning and containing 0.444 acres, more or less, inclusive of presently existing right-of-way, which contains 0.240 acres, more or less. 1\13269155.1 11 4 706 105 107 108 109 9 4N k DIE I 8 JepaEl EE�RI K CROOKED STICK ESTATES Ate' �� SEC110N SIX I— �uc ^ BOOK a A4E9 te.-,ee •cat g 1/e ,/4 A.� -- �!_—._■. 9ECTgN 4-nTri..a,>E N 89'46'it' s �ESTA9U9,Ey AS ., .,. i E 598.97 --_.__ 'STATE' Ifl• Npa1N.E OF THE SE IA SE,/4•SEC 4-nThax 736.00• NE CCR 2,/A SE 1/1 ESTMUSNEO BY SIR DI IX E SPRISECTRUN ION ONE DIM D.PAD.272 j 2 e w g I. 2 W FENCE TEST UNE OF TNE SE IA SETA.SEC 1-TITI-RX ELEANOR M. LANG 1 CATHERINE LOUISE BAIN aI CO- F INST./W n g 1 I 4. N 22 FENCE �. 0.1E W FENCE n 61 0.rw 1.. 58074'00'E N 1200' 57.40' S O FENCE "91.00'• 50124'2"E 29N•0.Tiv 101.2j 23 1 Tu.108.1' TRACT A , i D.2316'10` R.525.00' 20.412AC.tMICE rJ a,si2.w - N8870'49"E 523.60' I il NO027 7E I i I L=133.9T rANszD3• QUEEN'S •I TRACTBjSECON 18-1532.50'9 N0527 " W � 7.940AC.t 40. ' #� r SPRING RUN ESTATES ;I O SECTION 1 BLOCK`q' jy S00'2734`W L.129. �•—., SCALE: 1".60' 22.35' ITN.64.69' • '-- •� 1 �NCL 0.0529'S ' O.7E t R.T347.18�• ,�'w•E FIEID fEN—• ,�['a0.'DI I It j Aril • ,p'9,aAlA1 Ia1C TElFPHpE • � ICI�{ST/p01�9dFNT IS 1 OLIFJ�SFMENT /•' _• IJJT.a' a �� '��•_ v ,BW.a�:_ __ I IS. 9NIANAPOUS NSIER 1 MARY I. COMPANY y. --rt" -�• v- . v " . EASEIgMT 7'72 sw SE IRAK grnw FT/TN-NY L•39.14' • a o e__c_. —.— -__.:._ ,, 4szw' w N,wNSCR MONUMENT TAN.24.84' ...row.. .0,c of THE SE I/4,SETA SEC 4-mN-as ; '�R.i'�� amin`.I I.IF Yl:y,�7e[71i. FCC.PER PES D=8928' . s • �j •-a R.25.00� sSECTON w cca¢,/A g,/s m An.RN,IR Vt. ■ .w i1i' N0027.;FE �6R ,E'. 39.75 SECTISPRION PLAT 106th STREET g�"g'/' 9ECIloN.-nTN-ax GENUNG 'Vd°'9H MONUMENT FOUND PER TIES P.O$ I COP PGA TE s\ I.T./2ERG1224E SUBDIVISION MS T./T.. JOHN W. & SHERRY L. CONARRO INST./MT. f BURGE c v. EXHIBIT A The Southeast Quarter of the Southeast Quarter of Section 4, Township 17 North, Range 3 East EXCEPT that part thereof more particularly described as follows: Beginning at the Northeast corner of said Quarter, Quarter Section; thence West in and along the North line thereof 736 feet; thence South 679 feet; thence South 80 degrees 24 minutes East a distance of 12 feet; thence East 91 feet; thence South 101.25 feet; thence East 623.6 feet to a point in the East line of said Quarter, Quarter Section; thence North in and along said East line 767.3 feet to the place of beginning, such excepted portion containing in all 12.71 acres, more or less, subject to all legal rights-of-way. THE ABOVE-DESCRIBED REAL ESTATE WAS FOUND BY SURVEY TO BE DESCRIBED AS FOLLOWS: TRACT 1 A part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 17 North, Range 3 East, Hamilton County, Indiana, more particularly described as follows: Beginning at the Southeast corner of said Southeast Quarter Quarter Section; thence North 89 degrees 58 minutes 48 seconds West along the South line of said Quarter Quarter Section 1,331.10 feet to the Southwest corner of said Quarter Quarter Section; thence North 00 degrees 27 minutes 38 seconds East along the East line of said Spring Run Estates, Section One, recorded as Book 2, Page 272 in the Office of the Recorder in Hamilton County, Indiana, being the West line of said Quarter Quarter Section 1,333.14 feet to the Northwest corner of said Quarter Quarter Section; thence North 89 degrees 46 minutes 11 seconds East along the North line of said Quarter Quarter Section 596.97 feet; thence South 00 degrees 01 minutes 38 seconds East 679.0 feet; thence South 80 degrees 24 minutes 00 seconds East 12.00 feet; thence North 88 degrees 54 minutes 09 seconds East 91.00 feet; thence South 01 degrees 24 minutes 28 seconds East 101.25 feet; thence North 88 degrees 30 minutes 49 seconds East 623.60 feet; thence South 00 degrees 33 minutes 38 seconds West along the East line of said Quarter Quarter Section 571.69 feet to the place of beginning; and TRACT 2 Block A in Spring Run Estates, Section One, a subdivision in Hamilton County, Indiana, as per plat seconds East a distance of 40.00 feet to the south line of said Quarter-Quarter; thence South 89 degrees 42 minutes 35 seconds West, along the south line of said Quarter-Quarter, a distance of 377.55 feet to the point of beginning, having an area of 15095 square feet, 0.35 acres. And further, excepting therefrom the following: A part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 17 North, Range 3 East, Hamilton County, Indiana, and being that part of the Grantor's land lying within the Right-of-Way lines depicted on the attached Right-of-Way Parcel Plat, marked EXHIBIT "B", more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter Quarter Section; thence North 00 degrees 13 minutes 49 seconds East 87.32 feet along the east line of said section to the Point of Beginning of this description; thence North 89 degrees 46 minutes 11 seconds West 40.00 feet to the point designated as "11" on said parcel plat; thence North 00 degrees 13 minutes 49 seconds East 482.94 feet to a point on Grantor's north line; thence North 88 degrees 12 minutes 14 seconds East 40.02 feet along the said north line to the east line of said section; thence South 00 degrees 13 minutes 49 seconds West 484.35 feet to the Point of Beginning and containing 0.444 acres, more or less, inclusive of presently existing right- of-way, which contains 0.240 acres, more or less. Shestak, Joe From:Lopez, Alexia K Sent:Friday, November 30, 2018 5:00 PM To:'Timothy.Ochs@icemiller.com' Cc:Jordan, Alex; Thomas, John G; Ellison, Christopher M; Paul G. Reis; 'Jessup, Jon'; Scott Bove; Shestak, Joe; 'Christopher Engel'; 'Jamie Browning' Subject:RE: \[EXT\] Docket No. 18100001 PUD: 106th and Ditch PUD Rezone Hi Tim, Thanks for letting us know. We will revise the agenda and mark this item as tabled to the Thursday, January 3, 2019 st committee meeting. Packets for this meeting will be due December 21. Thanks, Alexia From: Timothy.Ochs@icemiller.com \[mailto:Timothy.Ochs@icemiller.com\] Sent: Friday, November 30, 2018 4:48 PM To: Lopez, Alexia K Cc: Jordan, Alex; Thomas, John G; Ellison, Christopher M; Paul G. Reis; 'Jessup, Jon'; Scott Bove; Shestak, Joe; 'Christopher Engel'; 'Jamie Browning' Subject: RE: \[EXT\] Docket No. 18100001 PUD: 106th and Ditch PUD Rezone Alexia: At the risk of duplicating what Jamie Browning may have already done, we need to continue the Subdivision th Committee meeting for the project at 106 and Ditch until the January meeting. Based in part on meetings with residents in Crooked Stick, significant redesign is occurring. The engineer is working on a couple of complicated issues as things get moved around, and the plan won’t be ready soon enough to make a meeting next Tuesday worthwhile. Tim Timothy Ochs Partner Timothy.Ochs@icemiller.com p 317-236-5952 f 317-592-4720 c 317-695-8386 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 To learn more about the firm and its services, visit us at icemiller.com 1 Lopez, Alexia K From: Timothy.Ochs@icemiller.com Sent: Friday, November 30, 2018 4:48 PM To: Lopez, Alexia K Cc: Jordan, Alex;Thomas, John G; Ellison, Christopher M; Paul G. Reis; 'Jessup,Jon'; Scott Bove; Shestak, Joe; 'Christopher Engel'; 'Jamie Browning' Subject: RE: [EXT] Docket No. 18100001 PUD: 106th and Ditch PUD Rezone Alexia: At the risk of duplicating what Jamie Browning may have already done, we need to continue the Subdivision Committee meeting for the project at 106`h and Ditch until the January meeting. Based in part on meetings with residents in Crooked Stick, significant redesign is occurring. The engineer is working on a couple of complicated issues as things get moved around, and the plan won't be ready soon enough to make a meeting next Tuesday worthwhile. Tim IceMiller LEGAL COUNSEL Timothy Ochs Partner Timothy.Ochs(a�icem iller.com p 317-236-5952 f 317-592-4720 c 317-695-8386 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 To learn more about the firm and its services, visit us at icemiller.com From: Christopher Engel [mailto:cengel@kdlegal.com] Sent: Friday, November 30, 2018 3:03 PM To: 'Lopez, Alexia K'; 'jshestak@carmel.in.gov' Cc: 'ajordan@carmel.in.gov'; 'jthomas@carmel.in.gov'; 'cellison@carmel.in.gov'; Paul G. Reis; Ochs, Timothy; 'Jessup, Jon'; Scott Bove Subject: [EXT] Docket No. 18100001 PUD: 106th and Ditch PUD Rezone Good afternoon Alexia &Joe: Our Firm has been retained by Crooked Stick Owners Association Inc. with respect to the above-referenced Docket Number. Attached to this email is a letter with three (3)enclosures for consideration by the Residential Committee in preparation for the December 4 meeting. Please contact me with any questions. Have a great weekend! Best, 1 Chris Christopher Engel Associate Krieg DeVault LLP 12800 N.Meridian Street Suite 300 I Carmel,IN 46032-5407 Phone:317-238-6230 I Mobile:317-989-7929 I Fax:317-636-1507 cengel@kdlegal.com I www.kriegdevault.com It) P I C ' J E AU LT Indiana I Illinois ( Georgia I Florida CONFIDENTIALITY STATEMENT This e-mail message is for the sole use of the recipient(s)and may contain confidential and privileged information.Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the intended recipient(s),please contact the sender by reply e-mail and destroy all copies of the original message. ************************************************************************************************ *********************************************************** CONFIDENTIALITY NOTICE: This E-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient,be aware that any disclosure, copying, distribution, or use of this E-mail or any attachment is prohibited. If you have received this E-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you. ICE MILLER LLP ************************************************************************************************ *********************************************************** 2 Lopez, Alexia K From: Jordan, Alex Sent: Monday, October 15, 2018 2:43 PM To: Roger.Kilmer@icemiller.com Cc: Conn, Angelina V; Cook, Steve L; Duffy, John M; 'Greg R. Hoyes'; Hall, Willie; Kashman, Jeremy M; Keesling, Rachel M; Littlejohn, David W; Lopez, Alexia K; 'ryan.hartman@ctrwd.org'; Thomas, John G Subject: Carmel TAC - Proposed Rezoning - PUD at 106th & Ditch Road Good afternoon, We have reviewed the latest submittal and have the following comments: 1. The City Engineer will require the City's standard local street cross-section rather than the cross-section provided. Please replace the provided cross-section with this detail. 2. It appears that Section 5.4 and Section 8.7 contradict each other. Section 5.4 cites wet detention and 8' strips around it but Section 8.7 stats that no open water shall exist. Please revise. 3. Section 8.7 discusses variances for right-of-way setbacks and minimum drainage easements that will need to be approved by the City Engineer and the Board of Public Works and Safety. Please remove these items from the PUD. 4. Section 8.8 states that all residents and guest must stay out of the ponds but Section 8.7 states that the ponds may be used for passive recreation or walking paths. Please revise. Please let us know if you have any questions. Sincerely, Alex Jordan Plan Review Coordinator City of Carmel Engineering Department (317) 571-2305 ajordan@carmel.in.Rov Lopez, Alexia K From: Mindham, Daren Sent: Monday, October 15, 2018 11:45 AM To: Ochs, Timothy (Timothy.Ochs@icemiller.com) Cc: Keesling, Rachel M; Lopez, Alexia K Subject: Forester review#1 106th and Ditch PUD Rezone (#18100001 PUD) Attachments: UDO - Open Space.pdf; SAMPLE - Open Space Plan.pdf; 106th and Ditch PUD forester redline.pdf Tim, Below are comments for this project specifically addressing the area of landscaping. I have reviewed the PUD and offer the following comments: URBAN FORESTRY REVIEW COMMENTS 1) On line 174, please use our definition of open space. You may add to this definition, but the idea that incidental land marked common area on the plan will not be considered open space. Open Space: Land areas,free of Buildings, carefully designed and specialized in function, which act as neighborhood focal points, and allow for passive or active recreation Use. Open Space is not incidental, residual land between Buildings, but land areas which are integrated into an overall site or neighborhood design, are accessible visually as well as physically, and are functional for use by people for gathering or play. 2) The minimum open space per our UDO for single family use is 25%. With the way you set up the site plan, it doesn't meet any of the requirements for open space according to our current standards. Many of the locations are not wide enough, some are land locked and others are missing buffer requirements like the 25' wide buffer adjacent to Ditch Rd. Not just any sliver of land is considered open space especially if it is required by others like a wetland. Currently, line 260 says only 20%of any land considered open space. All efforts should be made to meet the open space requires of the UDO attached. 3) An Open Space plan will be required at the primary plat, I have attached a sample open space plan. Please delineate the natural (no mow or wooded areas) from the designed (mowed, mulch bed) areas along with location of tree preservation fencing around the wooded areas. 4) Besides the wooded areas, can all of the common areas be naturalized areas and planted with prairie seed and left to be natural? 5) See redline PUD attached. It is important that this office be made aware of modifications made on the plans being re-submitted, particularly if any such changes are considered new or fall outside of our previous reviews. Please illustrate how these revisions will be addressed, including changes resulting from Plan Commission, Special Studies or other committee meetings by letter or revised plan. If you have questions, please contact me at 571-2283. Thank you. Sincerely, Daren Mindham Urban Forester — City of Carmel 317-571-2283 1 244 and be reviewed and approved by the City. The Declaration of Covenants shall require 245 that the IIOA maintain, at its cost, the street lights. 246 Section 4.6 Parking. At least four (4) Parking Spaces per dwelling unit are required. 247 Parking Spaces within driveways and within garages shall count towards this 248 requirement. Driveways shall be a minimum of twenty five (25) feet in length as 249 measured from the sidewalk to the Dwelling. Parked cars shall not encroach onto or 250 block sidewalks. 251 Section 4.7 Fences. Any fence constructed on the Real Estate shall be a maximum of 252 six (6) feet in height, black and shall be constructed only of wrought iron or aluminum. 253 Fences taller than forty-two inches (42") shall not be installed in front yards, and no 254 fences shall be permitted within any easement without the approval of the Board of 255 Public Works pursuant to Section 6-227(a)(4)of the Carmel City Code. 256 Section 5. Open Space Requirements. Open Space is intended to allow for balance 257 between natural areas and the built environment. Open Space shall be under the control and 258 maintenance of the IIOA under the Declaration of Covenants or subjected to restricted covenants 259 that are placed of record in the office of the Recorder of i lamilton County, Indiana. 260 Section 5.1 Minimum Open Space Requirement. Not less than)0110of the Real 26I Estate, before dedication of right-of-way, shall be Open Space. open sect-C. 262 Section 5.2 Loc 'on of Open Spaces. Open Spaces shall be provided in the areas 263 identified on the Concrptua1 Plan as Common Area and Tree Preservation Area, and be 264 noted as such on the Primary Plat as "Common Areas"or "Open Space". The HOA shall 265 maintain, at its cost, all Open Spaces. Those areas that are subject to Tree Preservation 266 shall be noted on the Primary Plat as-wel . 267 Section 5.3 Tree Preservation. Those areas noted as "Tree Preservation" on the 268 tei.Aeseve Cruse-pial Plan shall be set aside for tree preservation. Tree Preservation Areas located 269 in Open Spaces shall be regulated and well maintained in accordance with the following: 270 A. The following best management practices shall be implemented with 271 respect to any Tree Preservation Areas: 272 i) Removal of exotic and invasive species, e.g., bush honeysuckle, as 273 indicated in the Indiana Exotic and Invasive Plant List provided by 274 the City. 275 ii) Removal of dead, hazardous and at-risk trees. 276 iii) Removal of vines growing on and up a tree. 277 iv) Removal of an overabundance of fallen and cut trees. 278 v) Planting of native trees. (See the Indiana Native Tree List provided 279 by the City.) 6 113 509829.2 280 vi) Direct discharge of surface drainage of storm water from the rear 281 half of any lot that is adjacent to a tree preservation area. 282 vii) Establishment of any access easements, unpaved trails, utility and 283 drainage improvements on the Primary and Secondary Plats. 284 viii) Complete maintenance activities by following industry standard 285 using the current American National Safety Institute (ANSI)Z-133 286 and A-300 approved practices and methods. 287 B. The following activities shall not be permitted in any Tree Preservation 288 Areas: 289 i) Removal of native vegetation, unless dying,dead or diseased. 290 ii) Mowing and clearing any portion of a tree preservation area. 291 iii) Dumping of leaves and debris from outside locations into a tree 292 preservation area. 293 iv) Seeding; including grass seed, prairie mix seed, sod and the 294 planting of any type of garden unless approved by the Urban 295 Forester. 296 v) The construction of pools, sheds, garages, fences, playground 297 equipment, tree houses, fire pits and other permanent or semi- 298 permanent structures unless approved by the Cannel. Board of 299 Zoning Appeals. 300 vi) Recreational activities that adversely impact the health, structure 301 and integrity of a tree preservation area, including, playground 302 equipment,basketball or tennis courts and pools. 303 C. The following shall be requiredfor all Tree Preservation Areas: 304 i.) Signs identifying the Tree Preservation Area shall be posted every 305 five hundred (500) feet around the perimeter of all Tree 306 Preservation Areas. Such signs shall state "Natural Preservation 307 Area—No mowing or spraying". 308 ii) Barriers shall be installed prior to site development and earth 309 moving activities, which shall be specified on all landscape, 310 construction, demolition and grading plans. Such barriers shall. 311 remain in place during the site's construction activity. 312 D. The Declaration of Covenants shall (i) create tree preservation easements 313 that encumber the Tree Preservation Areas shown on the Primary Plat, and 7 1113509829.2 , 1 314 (ii) include and apply the requirements of this Section 5.3 to such tree 315 preservation easements. 316 Section 5.4 Perimeter Treatment of Detention Pond. An eight feet (8') wide strip 317 around wet detention ponds shall be planted with native plant species that thrive along the 318 shores of ponds, lakes or in wet or damp soil environments. Such strip shall not he 319 mowed and shall be maintained in accordance with the best management practices 320 contained in Section 5.3; provided, however, that a single path to the pond through the 321 strip may be maintained to provide access to the pond for maintenance purposes. 322 Section 6. Landscape Requirements. 323 Section 6.1 General Landscaping. Landscaping shall be integrated,where appropriate, 324 with other functional and ornamental site design elements (e.g. hardscape materials, 325 entryway documentation, paths, sidewalks, natural areas, fencing or water features). A 326 detailed landscape plan showing the size, location and variety of all plantings outside of 327 the boundaries of a Lot shall be submitted and approved as part of the Primary Plat. 328 Landscaping shall substantially comply with the following general.standards: 329 A. Landscaping should be designed with repetition, structured patterns and 330 complementary textures and colors. Alternate or pervious paving 331 materials or alternative planting media is permitted where planting space— — 332 is limited or where otherwise warranted by site design. 333 B. All plantings shall meet the following specifications: 334 i) Planting shall occur according to the American Standard for 335 Nursery Stock (ANSI Z60.1), and all trees shall be selected from 336 the Cannel Recommended Tree List published by the City's Urban 337 Forestry Program. Landscaping materials shall be appropriate to 338 local growing and climatic conditions. Plan suitability, 339 maintenance and compatibility with site constriction features are 340 factors that shall be addressed. The City's planting details shall be 341 required on the landscape plan. 342 ii) Shade trees shall have a minimum width of two and one half(2.5) 343 inches caliper at planting. 344 iii) Ornamental trees shall have a minimum width of one and one half 345 (1.5)inches caliper at planting. 346 iv) Evergreen trees shall have a minimum height of six (6) feet at 347 planting. 348 v) Shrubs shall have a minimum height of eighteen (l8) inches at 349 planting. 8 1\13509829.2 350 C. Subject to the approval of the Urban Forester, existing vegetation may be 351 used to achieve required landscaping if(i) it is of suitable quality, size and 352 state of health to achieve required landscaping, and (ii) the method of 353 preservation utilizes best management practices for tree protection during 354 construction. Any preservation of existing vegetation shall constitute an 355 in-kind credit against the landscaping requirements of this PUD 356 Ordinance. 1 antrIscye p lgtn 357 D. All landscaping, as approved and shown on the Pri•Hiory Plat, shall be 358 installed, weather permitting, on the portion of the Real Estate that is the 359 subject of a Secondary Plat prior to issuance of a Certificate of Occupancy 360 for the first Dwelling constructed within the portion of the Real Estate 36 I covered by such Secondary Plat. If it is not possible to install the 362 approved landscaping because of weather conditions, a temporary 363 Certificate of Occupancy, which shall be conditioned upon a specified 364 time to complete the installation of all uninstalled landscape material, may 365 be requested. 366 F. All landscaping approved as part of the Primary Plat shall not be 367 substantially altered, eliminated or sacrificed without first obtaining 368 further Plan Commission approval. However, minor material alterations 369 in landscaping may be approved by the Director or his or her designee in 370 order to conform to specific site conditions. 371 F. All landscaping shall be properly maintained, which shall include the 372 replacement of dead plantings with identical varieties or suitable 373 substitute, mulching of planting areas, and keeping the landscaped areas 374 free of refuse, debris, rank vegetation and weeds. 375 Section 6.2 Conflict with Utilities. Notwithstanding anything herein to the contrary, 376 no tree shall be planted in conflict with drainage or utility easements or structures, 377 underground detention (unless so designed for that purpose), or other rules, regulations or 378 ordinances of the City. f lowever, where the logical location of proposed utilities would 379 compromise the desired effect, the Controlling Developer may solicit the aid of the City's 380 Urban Forester in mediating an alternative. 381 Section 6.3 Landscape Plan. A hull sized and to scale landscape plan shall be 382 submitted with the Primary Plat application. Such landscape plan shall include, at a 383 minimum, the following: 384 A. Location and spacing of existing and proposed plant material. 385 B. Types of plant material identified by botanical and common names. 386 C. Size of material, in diameter and height, at installation and maturity. 387 D. Quantity of each of the planting materials to be installed. 9 f 13 509522.2 388 E. Methods of protecting landscaped areas and tree preservation areas. 389 Section 6.4 Perimeter Buffervard. A perimeter bufferyard that complies with the 390 re ' s of this Section 6.4 shall be installed along the boundaries of the 391 PLACEHOLnE District. Within any perimeter bufferyard, evergreen trees may be 392 substituted in lieu of the required shrubs on a 1:3 basisi (one everween tree equals thre e :s bw n e► s.+r ta�.Y.r�.e-1e� 393 shrubs). Drainage improvements shall be permittedwwitmin the enmeter bufferyards 394 described above in this Section 6.4 and elsewhere in this 4 LACEIIOLDE +Ordinance, 395 conditioned upon conformance to Section 9.6 below. Perimeter su eryards may either 396 be located within Open Spaces or on Lots. If Perimeter bufferyards are located on a Lot, 397 it shall be within a landscape easement as shown on the Secondary Plat. Perimeter 398 bufferyards shall not be located within any portion of a Street Right-Of-Wad�'' r(county 399 regulated drain easement. The perimeter bufferyards noted in 6.4(A) and (B):ub1(Tw shall 400 contain, at a minimum, seven (7) shade or evergreen trees per one hundred linear feet, 401 three (3) ornamental trees per one hundred linear feet, and twenty five (2.5) shrubs per 402 one hundred linear feet. The perimeter bufferyards noted in 6.4(C), (D) and (E) below 403 shall contain, at a minimum, three (3) shade or evergreen trees per one hundred linear 404 feet, two (2) ornamental trees per one hundred linear feet, and fifteen (15) shrubs per one 405 hundred linear feet. The minimum width of the perimeter bufferyards shall be as follows: 406 A. Twenty (20) feet along the northern boundary of Lots 8, 9 and 10 as 407 shown on the Conceptual Plan. 408 B. Fifty (50) feet along the western boundary of the Real Estate except for 409 the public right-of-way and associated streetscape. 410 C. Sixty-five (65) feet along the southern boundary of the Real Estate 411 0f, C%' Fifty (50) feet along the eastern boundary of the Real Estate adjacent to 412 P` Ix e. tis Lots 10 through 15 as shown on the Conceptual Plan 413 E. Thirty (30) feet along the northern boundary of the Real. Estate adjacent to 414 Per ctoo Lots 18 through 21 as shown on the Conceptual Plan -rk.se -Poe OS) ~het• Qtoll -Ke el qae 4-4e Duct. 415 Existing vegetation m`ay be applied toward a perimeter bufferyard when/. 416 I. The vegetation located upon the subject parcel is of a quality and state of 417 health to achieve buffering; 418 2. The vegetation proposed is to be preserved using accepted best management 419 practices for tree protection during construction. A tree protection detail is 420 required on the Landscape Plan and associated construction documents; and 421 3. Tree preservation area guidelines are submitted with the Landscape Plan to 422 manage and protect these areas. 423 424 10 13509829.2 425 Section 6.5 Lot Plantings. 426 A. Front landscaping on each Lot shall include the following: 20 shrubs 427 (minimum 2 gallon planted); and 2 yard trees (one shade tree / one 428 ornamental tree) (2" minimum caliper outside planting bed). For homes 429 on corner lots,the front landscaping shall apply to the yard that is front of 430 the side of thehome that contains the main entrance to the home, i.e., the 43 1 front of the home. 432 B. Lawns: Each home shall utilize either sod (with or without irrigation) or 433 hydroseed with irrigation in all front yards to the front corners of the 434 home. All side yards and rear yards must be seeded with straw at a 435 minimum and no irrigation is required. 436 C. Corner Lots which have two elevations substantially parallel to a public 437 street shall have lawns comprised of sod (with or without irrigation) or 438 hydroseed with irrigation in that portion of the yard located between the 439 public street on each side of the corner lot and a line drawn parallel to 440 each front corner elevation closest to the public street extending from each 441 end of said elevations to each perpendicular lot line. All other side yards 442 and rear yards must be seeded with straw at a minimum and no irrigation 443 is required. 444 D. Corner Lots which are set at an angle to the public streets, lacking an 445 elevation substantially parallel to either abutting public street, shall have 446 lawns comprised of sod (with or without irrigation) or hydroseed with 447 irrigation in that portion of the yard located (i) between the front elevation 448 of the home and each public street and (ii) between the public street on 449 each side of the corner lot and a line drawn parallel to each public street, 450 extending to each perpendicular lot line from the two exterior corners of 451 the home closest to each abutting public street. All other side yard and 452 rear yards must be seeded with straw at minimum and no irrigation. is 453 required. 454 E. Lot Plantings consistent with this Section 6.5 shall be required under the 455 Declaration of Covenants. Such provisions shall also include: (i) that the 456 Lot Plantings shall be installed as soon as reasonably possible after the 457 completion of a Dwelling on the Lot, weather permitting, (ii) that the 458 obligation to install the Lot Plantings is the sole responsibility of the 459 owner of the Lot, and (iii) the owner of the Lot shall be required to 460 maintain and replace, as necessary,the required Lot Plantings. 461 Section 6.6 Street Trees and Planting Strips. 462 A. Large growing street trees shall be planted within the public right-of-way, 463 parallel to each street, in provided planting strips. Street trees shall be 11 113509829.2 464 planted a minimum of twenty five (25) feet and a maximum of forty (40) 465 feet on center and are not required to be evenly placed. 466 B. Planting Strips adjacent to residential streets that have a Typical Street 467 Cross Section A-A as shown on the Primary Plat shall be not less than six 468 (6) feet in \\kith. sem. �.1 cow Arps ; ,l,i��a lot IM+& r!wi �8) $A, h cC( 6,1 0N_ <aLocl 469 Section 7. SiEna2e. All signage on the Real Estate shall comply with Section 5.39 of the ;s „..t . 41,4-4- 470 UDO. Pder.w4+.a^ orc5 Acar pew0 471 Section 8. Miscellaneous Requirements and Standards. 472 Section 8.1 Premises Identification. Premises identification shall meet the 473 requirements of Section 5.35 of the UDO. 474 Section 8.2 Ilome Occupations. Home Occupations shall meet the requirements of 475 Section 5.18 of the UDO. 476 Section 8.3 Right-Of-Way Widths/Cross Sections. 477 A. All interior streets shall have a cross section that complies with Typical 478 Street Cross Section as shown on the Conceptual Plan. 479 Section 8.4 Sidewalks/Paths. 480 A. Sidewalks internal to the PLACEiIOLDER District shall be installed 481 along all street frontages, on both sides of the internal PLACE!IOLDER 482 District streets. Construction of sidewalks on or directly adjacent to Lots 483 shall be done as part of the construction of a Dwelling on a Lot. 484 Sidewalks along a street frontage that are not on or directly adjacent to a 485 Lot shall be installed as part of the development of each section according 486 to the approved Secondary Plat. Sidewalks shall comply with the current 487 sidewalk standards for the City and shall be not less than five (5) feet in 488 width. 489 B. All sidewalk or path intersections shall include ADA compliant ramps and 490 crosswalks. 491 Section 8.5 Site Access and Road improvements. 492 A. Development of the PLACEIIOLDER District shall meet all applicable 493 Thoroughfare Plan related improvement requirements as identified in and 494 required under the UDO unless otherwise specifically provided for in this 495 PLACEIIOLDER Ordinance. 496 B. The main entry to the PLACEIIOLDER District shall be located on Ditch 497 Road. There shall exist a secondary entry to the PLACEHOLDER District 498 from Crooked Stick Lane as shown on the Conceptual Plan. 12 f 13509829.2