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HomeMy WebLinkAboutCorrespondence Conn, Angelina V From: Dave Coots <DCoots@chwlaw.com> Sent: Monday, February 25, 2019 10:34 AM To: Conn, Angelina V Subject: RE: Recovery Auto (#18120010 UV) **** This is an EXTERNAL email. Please exercise caution and Do Not open attachments or click links from unknown senders or unexpected email. **** Angie, I think the additional right of way would be dedicated when the Petitioner comes in for Development Plan approval with a new building/development for this parcel and his adjoining parcel. thanks. From:Conn,Angelina V<Aconn@carmel.in.gov> Sent: Monday, February 25, 2019 10:31 AM To: Dave Coots<DCoots@chwlaw.com> Cc: 'danwang2054@gmail.com' <danwang2054@gmail.com>;Shestak,Joe<ishestak@carmel.in.gov> Subject: RE: Recovery Auto (#18120010 UV) Thank you for these responses, Dave. Also, please note that I measured to existing right of way width of College Ave., and it shows a total of 90-ft width (with a 45-ft half right of way) existing today.The required ROW per the Transportation Plan is a 50-ft half(or a 100-ft ROW). So,you will either need to dedicate the ROW now, or if the use variance is approved with a time limit,then have the ROW dedicated at the end of the time limit. Thanks, and see you at tonight's meeting. Sincerely, Angie Conn, AICP Carmel Planning&Zoning Dept. From: Dave Coots [mailto:DCoots@chwlaw.com] Sent: Monday, February 25, 2019 10:20 AM To: Conn, Angelina V Cc: 'danwang2054@gmail.com' Subject: Recovery Auto **** This is an EXTERNAL email. Please exercise caution and Do Not open attachments or click links from unknown senders or unexpected email. **** Angie, as a follow up to our discussion this morning, below is the Petitioner's response. 1. If the use variance is approved,the Petitioner will pave the vehicle display area that will be no closer than 5 feet from the property boundary. 2. Before paving begins, the Petitioner will employ a professional to prepare a grading plan and calculate water run off compared to its undeveloped state and submit the plan to the City Engineer. Due to the temporary nature of the improvement, curbs will not be installed. 3. After approval and paving,the Petitioner will submit a landscape plan for the 106th and College frontages showing low growing shrubs to be planted in the 5 feet buffer strip and obtain approval from the Urban Forrester. 1 4. I have asked Glenn Bowman, counsel for the Seller,to submit a status report to you on the status of the clean up and IDEM's position. I am told the remediation work is completed and the only remaining task is the monitoring of underground water. An agreement with IDEM is expected this calendar year. 5. The additional rights of way were dedicated with the County's improvements to the intersection of College and 106th Street per the survey submitted with our application. 6. There exists a 5 feet stamped concrete walk along College and 106th Street installed when the intersection was improved. The Petitioner will install the required multi-purpose path when the property is developed in the next 5 years. 7. None of the vehicle inventory for sale will be located on the sidewalk or right of way. 8. When developed, the Petitioner acknowledges the requirement to have a Development Plan, ADLS and Home Place Business Subarea requirements approved by the Plan Commission. Thank you for your assistance on this matter. Email secured by Check Point 2 Shestak, Joe From:Conn, Angelina V Sent:Monday, February 25, 2019 10:31 AM To:'Dave Coots' Cc:'danwang2054@gmail.com'; Shestak, Joe Subject:RE: Recovery Auto (#18120010 UV) Thank you for these responses, Dave. Also, please note that I measured to existing right of way width of College Ave., and it shows a total of 90-ft width (with a 45-ft half right of way) existing today. The required ROW per the Transportation Plan is a 50-ft half (or a 100-ft ROW). So, you will either need to dedicate the ROW now, or if the use variance is approved with a time limit, then have the ROW dedicated at the end of the time limit. Thanks, and see you at tonight’s meeting. Sincerely, Angie Conn, AICP Carmel Planning & Zoning Dept. From: Dave Coots \[mailto:DCoots@chwlaw.com\] Sent: Monday, February 25, 2019 10:20 AM To: Conn, Angelina V Cc: 'danwang2054@gmail.com' Subject: Recovery Auto **** This is an EXTERNAL email. Please exercise caution and Do Not open attachments or click links from unknown senders or unexpected email. **** Angie, as a follow up to our discussion this morning, below is the Petitioner’s response. 1. If the use variance is approved, the Petitioner will pave the vehicle display area that will be no closer than 5 feet from the property boundary. 2. Before paving begins, the Petitioner will employ a professional to prepare a grading plan and calculate water run off compared to its undeveloped state and submit the plan to the City Engineer. Due to the temporary nature of the improvement, curbs will not be installed. th 3. After approval and paving, the Petitioner will submit a landscape plan for the 106 and College frontages showing low growing shrubs to be planted in the 5 feet buffer strip and obtain approval from the Urban Forrester. 4. I have asked Glenn Bowman, counsel for the Seller, to submit a status report to you on the status of the clean up and IDEM’s position. I am told the remediation work is completed and the only remaining task is the monitoring of underground water. An agreement with IDEM is expected this calendar year. th 5. The additional rights of way were dedicated with the County’s improvements to the intersection of College and 106 Street per the survey submitted with our application. th 6. There exists a 5 feet stamped concrete walk along College and 106 Street installed when the intersection was improved. The Petitioner will install the required multi-purpose path when the property is developed in the next 5 years. 7. None of the vehicle inventory for sale will be located on the sidewalk or right of way. 8. When developed, the Petitioner acknowledges the requirement to have a Development Plan, ADLS and Home Place Business Subarea requirements approved by the Plan Commission. Thank you for your assistance on this matter. 1 Conn, Angelina V From: Jordan, Alex Sent: Wednesday, February 20, 2019 3:07 PM To: Conn, Angelina V Cc: Thomas, John G Subject: 106th and College NE Corner Angie, We are ok with the lot at the northeast corner of 106th and College to remain as stone parking as long as the original lot coverage prior to demolition is restored. Below I have provided screen shots showing the original lot coverage vs. what is out there today. The grassed area in the northern and eastern perimeter of the site will need to be restored if the petitioner would like the lot to remain gravel. 1 • 1 4141.1.2 irtitmit t ,... 1.* - N-- ' . . -,.. ........,; , iNir:„....r.. .,, 1 . I t 4 •••`" pi s ..::'., ., ,,„, I',,. ,o,' , 1' PI , , , — ,r, _ ' A : '7. 4 , -, ,. , - .; , . f..'• r — .. .),Lr.,----. .. , ,.. . ..,..... ., i- .,:, , itirla ;,.• ., -Illit -. ,.,,r.;.'„, ,.; • - . :It . . , 1,,,,,, ..-" ovel'—,, ,..• •, , , ° r 1 - , -.148. ee L. qs , , : . . - - ,',..1"' '''''-- , , , „ .. ..,,,,,..2., • . , , . . . P:.4,4441, '4. .4 ,, ..; B45 9'' I .845 .„, a 45 ^.43450*7.7.2. ,.... 1 •;:;'1" .., . .444 ii 4 ':' I r lir' •itir . O• , r 4 $ I , •,,, ' I ' 1 , ,..- . 1 • .,:;,i'.!,,c*".. Ti . , 1411 .. .....-- , . 2 Conn, Angelina V From: Mindham, Daren Sent: Monday, February 18, 2019 10:44 AM To: Conn, Angelina V; Keesling, Rachel M Subject: FW: Feb. 25 BZA Meeting Agendas & Notice for Exec. Session Attachments: RE: Recovery Auto & 10601 N College (18120010 UV) Angie, This is the commitment from Dave Coots. Can we make sure this get in as a requirement or commitment? (UV) Recovery Auto The intended paved parking display area will be 5 feet from the property line. Within that setback, the owner will install shrubs that do not conceal vehicles displayed for sale. Add wording? ---as approved by Urban Forester Daren Mindham Urban Forester — City of Carmel 317-571-2283 From: Shestak, Joe Sent: Monday, February 18, 2019 8:00 AM To: Shestak, Joe Subject: Feb. 25 BZA Meeting Agendas & Notice for Exec. Session For your information, attached are the two Agendas for the Monday, February 25, 2019 Carmel Board of Zoning Appeals meetings and the BZA Executive Session Meeting Notice. The BZA Hearing Officer will meet at 5:30 p.m., the regular BZA Meeting at 6:00 p.m., and the BZA Executive Session immediately following the conclusion of the regular BZA meeting. Links to the whole project in Laserfiche are below in blue. Links to the info packet are in ;ry r . Please Let me know if you have any questions or concerns. Hearing Officer (V) 651 1st Ave NE- Murrary Residence, Lot Cover Info Packet The applicant seeks the following development standards variance approval: 1. Docket No. 19010005 V UDO Section 3.64.C.3 Maximum 45% lot coverage allowed, 50% requested. The site is located at 651 First Ave NE. It is zoned R3/Residence and Old Town Overlay District Character Subarea. Filed by Paul Owen of Wedgewood Building Co., on behalf of Tony&Susan Murray, owners. (V) Wesley Residence, RV Location Info Packet The applicant seeks the following development standards variance approval for a recreation vehicle: 2. Docket No. 19010012 V UDO Section 5.34 Recreational vehicles shall not be stored any closer to a side lot line than three times the max. height of the recreational vehicle, and cannot be parked in the front yard ( flYAYL Coots, Henke & Wheeler ATTORNEYSATLAW February 15, 2019 Via Hand Delivery Joe Shestak E.Davis Coots* City of Carmel Planning and Zoning Dept. r c C u James K.Wheeler* 1 Civic Square, 3`d Floor I r`B_1 5 201c Jay Curts Carmel, IN 46032 f James D.Crum Re: Recovery Auto—Danny Wang Jeffrey S.Zipes* Matthew L.Hinkle* Docket No. 1812001 OUV Our File No. 23735 Daniel E.Coots Dear Joe: Brandi A.Gibson* John V.Maurovich Per your email of February 15, 2019 enclosed please find the following Ryan H.Gassman* documents in regards to the above-referenced matter for the 8 Informational Packets Cory C.Voight that need to be mailed out today the BZA members, Planning Staff and BZA Alex Emerson counsel: Betsy Sommers 1. Statement of Variance request (short paragraph explaining what you 'Registered Mediator are asking for) 2. Statements of Support (short paragraph explaining reasons supporting OF COUNSEL: the request, including analysis and comparisons of what is allowed vs. Steven H.Henke what is proposed) 3. Location Map 4. Page 10 of app. —Ballot Sheet (leave blank except for Docket No. & Petitioner)—You did receive this 5. Page 11 of app. —Findings of Fact sheet (question sheet filled out)— You did receive this 6. Reductions of all plans (site plan, building architecture, landscape plan, signage details, aerial photo of site, etc.) on 8.5"x11" or 11"x17"paper; and 7. None - Any other pertinent information for the Board to explain this request. Thank you and please feel free to contact our office should you have any questions. Very truly yours, C OTS, HENKE & WHEE ER, P.C. 255 East Carmel Drive i tine O'Hara Carmel, IN 46032 /co Enclosures 317-844-4693 FAX: 317-573-5385 WWW.CHWLAW.COM A Professional Corporation I : IAYAYL Coots, Henke & Wheeler February 15, 2019 ATTORNEYS AT LAW Via Hand Delivery Angie Conn E.Davis Coots* City of Carmel Planning and Zoning Dept. James K.Wheeler* 1 Civic Square, 3rd Floor Jay Curts Carmel, IN 46032 James D.Crum Jeffrey S.Zipes* Re: Recovery Auto—Danny Wang Matthew L.Hinkle* Docket No. 18120010UV Daniel E.Coots Our File No. 23735 Brandi A.Gibson* Dear Angie: John V.Maurovich Ryan H.Cassman* Enclosed please find the following documents in regards to the above- Cory C.Voight referenced matter scheduled for the meeting on February 25, 2019 at 6:00 pm: Alex Emerson Betsy Sommers 1. QCT Check made payable to the City of Carmel in the amount of 'Registered Mediator $1,836.40; 2. Ballot Sheets (8); OF COUNSEL: 3. Findings of Fact—Use Variance (8); Steven H.Henke 4. Petitioner's Affidavit of Notice of Public Hearing with attached list; 5. Adjoiner Notification Map; 6. Correspondence to property owners dated January 29, 2019 with attached Certificate of Mailing; and 7. Correspondence to property owners Lehman and Home Place dated February 4, 2019 with attached Certificate of Mailing. Thank you and please feel free to contact our office should you have any questions. Very truly yours, COOTS, HENKE & WHEELER, P.C. Christine O'Hara Legal Assistant to E. Davis Coots 255 East Carmel Drive /CO Carmel, IN 46032 Enclosures 317-844-4693 FAX: 317-573-5385 W W W.CH W LAW.COM A Professional Corporation Shestak, Joe Subject:FW: City of Carmel Docket #18120010 UV: Recovery Auto & 10601 N College From: Jordan, Alex Sent: Wednesday, February 13, 2019 3:27 PM To: 'Christine M. O'Hara' 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; Dave Coots; Dan Wang Subject: RE: City of Carmel Docket #18120010 UV: Recovery Auto & 10601 N College Good afternoon, I have reviewed the response and have the following comments: 1. If the use variance is approved and the lot is planned to be paved, we will need a set of plans showing the proposed work. From these plans, we will be able to determine if more than 0.25 acres will be disturbed and if detention and water quality will be required. If the proposed improvements exceed the approved lot coverage these requirements will apply, regardless of disturbance. 2. A variance from the curbing requirement can be requested and we will support the variance if the parking lot edges without curb, sheet flow into a water quality measure, which is known as a Best Management Practice. th 3. Please provide the surveys showing the right-of-way for College Avenue and 106 Street. We will need to review these to verify that the required amount of right-of-way has been provided and if our GIS layer needs updated. 4. A 10’ path is required along both frontages of this property. As stated in my previous comments, the path will need to be constructed with this project or a contribution for the cost of designing and constructing the path can be made to the City’s non-reverting Thoroughfare Fund. 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.gov From: Christine M. O'Hara \[mailto:COHara@chwlaw.com\] Sent: Friday, January 18, 2019 1:34 PM To: Jordan, Alex 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; Dave Coots; Dan Wang Subject: RE: City of Carmel Docket #18120010 UV: Recovery Auto & 10601 N College Alex, Please see the attached correspondence in regards to the above-referenced matter. Thank you. Regards, Christine O’Hara Legal Assistant to E. Davis Coots, James K. Wheeler and Jay Curts 1 cohara@chwlaw.com Coots Henke & Wheeler 255 E. Carmel Drive • Carmel, IN 46032 Ph (317) 844-4693 • Fax (317) 573-5385 CONFIDENTIALITY NOTICE: This email originated from the law offices of Coots Henke & Wheeler, P.C. and is covered by the Electronic Communications Privacy Act (18 USC 2510 et seq.), and may contain legally privileged or confidential information intended only for the addressee. If you are not the addressee, or this message has been addressed or delivered in error, you are not authorized to read, copy, download, or distribute this message and any attachments. I ask that you please delete this message and attachments (including all copies) and notify me by return e-mail or by phone. Delivery of this message and any attachments to any person other than the intended recipient is unauthorized and is not intended in any way to waive any confidentiality or privilege. To the extent that this message or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law. See CIRCULAR 230. From: Jordan, Alex <ajordan@carmel.in.gov> Sent: Monday, January 14, 2019 1:09 PM To: Dave Coots <DCoots@chwlaw.com>; Christine M. O'Hara <COHara@chwlaw.com> Cc: Conn, Angelina V <Aconn@carmel.in.gov>; Cook, Steve L <SCook@carmel.in.gov>; Duffy, John M <JDuffy@carmel.in.gov>; 'Greg R. Hoyes' <Greg.Hoyes@hamiltoncounty.in.gov>; Hall, Willie <whall@crossroadengineers.com>; Kashman, Jeremy M <jkashman@carmel.in.gov>; Keesling, Rachel M <rkeesling@carmel.in.gov>; Littlejohn, David W <dlittlejohn@carmel.in.gov>; Lopez, Alexia K <alopez@carmel.in.gov>; 'ryan.hartman@ctrwd.org'; Thomas, John G <jthomas@carmel.in.gov> Subject: City of Carmel Docket #18120010 UV: Recovery Auto & 10601 N College Good morning, We have reviewed the proposed use variance and have the following comments: 1. Please provide a plan of what will be installed on the property. If it is proposed to be a parking lot, the lot will need to be paved and curbed. 2. If disturbance exceeds 0.25 acres, detention and water quality will need to be provided on the lot. 3. It appears that gravel has been placed over the pre-existing green space. The lot will need to be brought back to the original/allowable lot coverage or detention and water quality will need to be provided on the site. 4. Right-of-way will need to be dedicated for College Drive with this use variance. Per the City’s Transportation Plan College Drive is an arterial street and requires a full right-of-way width of 100 feet. This lot will need to dedicate a 50’ half right-of-way from the centerline of the road. I have attached the right-of-way dedication form above. th 5. Per the Bicycle and Pedestrian Plan, a 10’ wide multi-use path is required along the 106 Street and College Drive. This can be constructed with this project or a contribution for the cost of designing and constructing the path can be made to the City’s non-reverting Thoroughfare Fund. Please let us know if you have any questions. Sincerely, Alex Jordan Plan Review Coordinator City of Carmel Engineering Department (317) 571-2305 2 Conn, Angelina V From: Mindham, Daren Sent: Thursday, January 24, 2019 9:39 AM To: Conn, Angelina V Subject: FW: Recovery Auto & 10601 N College (18120010 UV) FYI Daren Mindham Urban Forester — City of Carmel 317-571-2283 From: Dave Coots [mailto:DCoots@chwlaw.com] Sent: Wednesday, January 23, 2019 11:55 AM To: Mindham, Daren Cc: 'danwang2054@gmail.com' Subject: RE: Recovery Auto & 10601 N College (18120010 UV) Daren,the intended, paved parking display area will be 5 feet from the property line. Within that setback,the owner will install shrubs that do not conceal vehicles displayed for sale. At this point in time,the owner does not intend to plant any trees as the property is intended to be developed with a new structure, combined with the property to the east and an overall site plan, development plan and landscape plan. This is planned within the next 5 years. From: Mindham, Daren <dmindham@carmel.in.gov> Sent:Wednesday,January 23, 2019 10:46 AM To: Christine M. O'Hara <COHara@chwlaw.com> Cc: Conn,Angelina V<Aconn@carmel.in.gov>; Dave Coots<DCoots@chwlaw.com>; Dan Wang <danwang2054@gmail.com> Subject: RE: Recovery Auto& 10601 N College (18120010 UV) Christine, Trees and shades are being requested within any required setback for the property.This setback would be between the property line and into the property.The trees and shrubs would be on the site property and for the owner to maintain. Please let me know if a setback will be part of your requirements at a project level. Daren Mindham Urban Forester — City of Carmel 317-571-2283 From: Christine M. O'Hara [mailto:COHara@chwlaw.com] Sent: Friday, January 18, 2019 1:33 PM To: Mindham, Daren Cc: Conn, Angelina V; Dave Coots; Dan Wang Subject: RE: Recovery Auto & 10601 N College (18120010 UV) Daren, Please see the attached correspondence in regards to the above-referenced matter. 1 Conn, Angelina V From: Dave Coots <DCoots@chwlaw.com> Sent: Wednesday,January 23, 2019 11:55 AM To: Mindham, Daren Cc: 'danwang2054@gmail.com' Subject: RE: Recovery Auto & 10601 N College (18120010 UV) Daren,the intended, paved parking display area will be 5 feet from the property line. Within that setback,the owner will install shrubs that do not conceal vehicles displayed for sale. At this point in time,the owner does not intend to plant any trees as the property is intended to be developed with a new structure,combined with the property to the east and an overall site plan, development plan and landscape plan. This is planned within the next 5 years. From: Mindham, Daren <dmindham@carmel.in.gov> Sent: Wednesday,January 23, 2019 10:46 AM To:Christine M. O'Hara<COHara@chwlaw.com> Cc: Conn, Angelina V<Aconn@carmel.in.gov>; Dave Coots<DCoots@chwlaw.com>; Dan Wang <danwang2054@gmail.com> Subject: RE: Recovery Auto & 10601 N College(18120010 UV) Christine, Trees and shades are being requested within any required setback for the property.This setback would be between the property line and into the property.The trees and shrubs would be on the site property and for the owner to maintain. Please let me know if a setback will be part of your requirements at a project level. Daren Mindham Urban Forester — City of Carmel 317-571-2283 From: Christine M. O'Hara [mailto:COHaraCa>chwlaw.com] Sent: Friday, January 18, 2019 1:33 PM To: Mindham, Daren Cc: Conn, Angelina V; Dave Coots; Dan Wang Subject: RE: Recovery Auto & 10601 N College (18120010 UV) Daren, Please see the attached correspondence in regards to the above-referenced matter. Thank you. Regards, Christine O'Hara Legal Assistant to E. Davis Coots, James K. Wheeler and Jay Curts cohara@chwlaw.com Coots Henke&Wheeler 255 E. Carmel Drive • Carmel, IN 46032 Ph (317) 844-4693 • Fax(317) 573-5385 1 Conn, Angelina V From: Mindham, Daren Sent: Friday,January 18, 2019 2:36 PM To: Conn, Angelina V Subject: FW: Recovery Auto & 10601 N College (18120010 UV) Attachments: 190118 Itr to Daren Mindham.pdf Will there be a 5' setback required?What are you requiring for them?The trees will go on their property in the setback, as normal bufferyard requirements. Daren Mindham Urban Forester — City of Carmel 317-571-2283 From: Christine M. O'Hara [mailto:COHara@chwlaw.com] Sent: Friday, January 18, 2019 1:33 PM To: Mindham, Daren Cc: Conn, Angelina V; Dave Coots; Dan Wang Subject: RE: Recovery Auto & 10601 N College (18120010 UV) Daren, Please see the attached correspondence in regards to the above-referenced matter. Thank you. Regards, Christine O'Hara Legal Assistant to E. Davis Coots,James K. Wheeler and Jay Curts cohara@chwlaw.com Coots Henke &Wheeler 255 E. Carmel Drive • Carmel, IN 46032 Ph (317) 844-4693 • Fax (317) 573-5385 rim "TATA Coots, Henke & Wheeler ATTORNEYS AT LAW CONFIDENTIALITY NOTICE: This email originated from the law offices of Coots Henke & Wheeler, P.C. and is covered by the Electronic Communications Privacy Act (18 USC 2510 et seq.), and may contain legally privileged or confidential information intended only for the addressee. If you are not the addressee, or this message has been addressed or delivered in error, you are not authorized to read, copy, download, or distribute this message and any attachments. I ask that you please delete this message and attachments (including all copies) and notify me by return e-mail or by phone. Delivery of this message and any attachments to any person other than the intended recipient is unauthorized and is not intended in any way E 0 1 MM MITA Coots, Henke & Wheeler January 18, 2019 0[ C<tt:N', l Very truly yours, Steven H. Henke COOTS, HENKE & WHEELER, P.C. -- E. Davis Coots EDC/co cc: Angie Conn, via email Danny Wang, via email 255 East Carmel Drlve Carmel IN 46032 31]-244-4693 FAX 31]-573-5365 WWW.CHWLAW.COM A V ..:.al L r .,�.r Via email to: dmindham(j�carmel.in.gov F_ llavi� Coots" tanles Daren Mindham jat Curls Urban Forester— City of Carmel lal„es U. (1(llll: leffics s. zipes° Re: City of Carmel Docket #1812001 OUV — Recovery Auto & 10601 North College Matthew t_ Hinkle” Daniel r.. Cool, Dear Daren: Brandi A. Gibson` loll„ t'. Erl IUroVlela In response to your January 16, 2019 email, are you requesting that the Ryan I L Ca"IMM= Applicant plant shade trees and/or shrubbery between the sidewalk and the street Coes C. s�oslltht curb? or between the sidewalk and the Owner's boundary? Alex I Incrs011 Bees sol»nlers Any plantings will comply with the planting detail that you submitted with your email. 0[ C<tt:N', l Very truly yours, Steven H. Henke COOTS, HENKE & WHEELER, P.C. -- E. Davis Coots EDC/co cc: Angie Conn, via email Danny Wang, via email 255 East Carmel Drlve Carmel IN 46032 31]-244-4693 FAX 31]-573-5365 WWW.CHWLAW.COM A V ..:.al L r .,�.r Coots. Henke & Wheeler James K W heeler ja' Curt, JflnE'S D. 0 LI nt JMIcy Zip" Mauhety L Hinkle" Daniel t:. coot+ Biondi A. Gibson` John V. Mtmrov,ch R\ III, H.Ca'sman Col v C. Voigln AieX Emerson Lfetsv Sommer, 01 C<,LNsta - Steven H. Henke 255 Ea.t Carmel DrPve Carmel,IN 46032 31]-844-4693 FAX 317 573-5385 W W W.CHWLAW.COM r C•l January 18, 2019 Via email to: ajordanAa camel.in.gov Alex Jordan Plan Review Coordinator - City of Carmel Engineering Department Re: City of Carmel Docket 418120010UV — Recovery Auto & 10601 North College Dear Mr. Jordan: In response to your January 14, 2019 email and on behalf of the Applicant, we have the following comments: 1. If the Use Variance is approved, Mr. Wang will pave the parking lot and install concrete bumpers to prevent vehicles being sold from extending over the edge of the paved surface. 2. The entire parcel measures .28 acres and accordingly the disturbance will be less than the '/4 acre threshold. 3. The existing gravel will be paved over. 4. The existing survey dated August 25, 2017 shows the College Avenue and 106°i Street Right of Way dedicated pursuant to the City's Transportation Plan. 5. A 6 -foot brick/concrete sidewalk exists along 106`h Street and College Avenue as the result of the reconstruction of the intersection. The Applicant does not propose adding to that sidewalk. Thank you for your comments after reviewing the proposed Variance Use. Very truly yours, EDC/co cc: Angie Conn, via email Steve Cook, via email John Duffy, via email Greg Hoye, via email Willie Hall, via email Jeremy Kashman, via email Rachel Keesling, via email David Littlejohn, via email Alexia Lopez, via email Ryan Hartman, via email John Thomas, via email Danny Wang, via email COO , HENKE & WHEELER, P.C. E. Davis Coots [91MM LYN Coots, Henke & Wheeler January 18, 2019 Via email to: Aconnkcarniel in.gov Angie Conn, Planning Administrator F. Davis Coots* City of Carmel Jame, K. wheeler- Planning and Zoning Department jay C , 1, One Civic Square, 3`1 floor jam" D. Cro,„ Carmel, IN 46032 ena-Y s. zihe, Matthew (.. Hinkle- Re: City of Carmel Docket # 18120010UV — Recovery Auto & 10601 North College D;mtel F. Coots Br.,„ d; A-cm,on, Dear Angie: john A. %hull oo,eh Rya„ r�. cass,,,ana In response to your email dated January 16, 2019 I would advise the cor>> C. Vo;.5m following: Alex Emerson Betsy sorz,mer, 10. The existing gravel parking area will be paved if the Use Variance is granted. The Applicant will work with Daren Mindham regarding landscaping around the parking area and/or between the sidewalk and the property boundary. o: Co, X,[ I seven H. 1lenxe 1 I . The short-term use of the site will be to store vehicles that the Applicant has for sale as an expansion of his existing business. The Applicant, Mr. Wang, intends in the next five years, to develop all of the property he owns fronting 106`h Street into an automobile "dealership" with show room, service and sales or alternatively develop the real estate into a "strip center" for retail, office and commercial and/or residential. 12. If you would like to meet again regarding this Application, Mr. Wang and I could do the January 23`d, January 24`h or afternoon of January 251h 13. If the Use Variance is approved, Mr. Wang's intent is to pave the .28 - acre site to within five feet of the property line along the perimeter and in that five feet plant shrubbery that would not conceal the display of his automobiles. Between the sidewalk and the curbing, Mr. Wang would be willing to plant street trees as approved by Daren Mindham. 14. The 31) rendering submitted to you was merely to show what Mr. Wang had prepared as a concept for future development. It in no way is related to 255 East C e DLII what he presently seeks to do with the site. Carmet,IN 46032 317-844-4693 FAX: 317-573-5355 W W W.CHWLAW.COM Angie Conn January 18, 2019 Page 2 15. The only improvement intended for the site at this time is paving and concrete parking bumpers to assure vehicles do not extend beyond the edge of the asphalt pavement. 16. There are no easements or restrictions on site; however, a 15 foot Right of Way for an alley exists along the north boundary of the property and that alley is a stone and gravel roadway. 17. The proposed paved area on the lot covers 90% of the site. 18. There is no signage proposed and no lighting other than existing street lighting. 19. The site has been remediated and I will seek to obtain the IDEM approval letter. 20. There will be no drainage or grading done to the site. 22. In our response to David Littlejohn, we do not intend to widen the six-foot wide sidewalks that currently exist along 106`" Street and College Avenue. Let me know if you would like to meet with Mr. Wang and myself before the BZA meeting date. Very truly yours, COOTS, HENKE & WHEELER, P.C. E. Davis Coots EDC/co cc: Danny Wang, via email January 18, 2019 Coots, Henke & Wheeler Via email to: dlittle'ohnacarmel in.gov David Littlejohn r:. Davis Coots= Alternative Transportation Coordinator James K Wheeler"' City of Carmel JayCurts One Civic Square James D. C,--I,I„ Carmel, IN 46032 effiv\ s.zipe, %I tdhet„ i.. iih,kle Re: City of Carmel Docket 418120010UV — Recovery Auto & 10601 North College Daniel . Cools Brandi A- Gibson* Dear David: John 4: Ntauroric11 R%an FI Cassmein' In response to your January 15, 2019 letter and on behalf of the Applicant, I Cory C. Vofghi would state as follows: Alex Eme-son Betsy sommers 1. A 6 foot/brick concrete sidewalk exists along 106'' Street and College Avenue. The Applicant, as a part of the User Variance request, would not alter the existing sidewalk. At the time the Applicant submits and ADLS Application to OJ CIII v11 I construct permanent structures on the tract, your request will be addressed. Steven 11. Henke 2. The August 25, 2017 Survey submitted with the Application shows the College Avenue and 106`" Street 50 -foot '/2 Right of Way dedication. 3. The existing Recovery Auto Sales building to the east has a bicycle rack adjacent to the front door. 4. All ramps and crosswalks constructed by the County at the time of 106'h and College Avenue improvements are ADA compliant. 5. There is no structure to be built on the site the subject of this Application. The existing Recovery Auto building to the east is ADA compliant. Thank you for your comments. Very truly yours, COO HENKE & WHEELER, P.C. 255 Ea,, Carmel Drive t Carmel,IN 46032 f � E. Davis Coots 317-844-4693 EDL'/co FAX 317-573-5285 cc: Angie Conn, via email, Alex Jordan, via email and Danny Wang, via email W W W.CH W LAW.COM A P r - C. ion. Conn, Angelina V From: Conn, Angelina V Sent: Friday, January 18, 2019 1:05 PM To: Lopez, Alexia K;Warner, Caleb; Blanchard,Jim E; 'Greg Ilko'; Haney, Douglas C; Hollibaugh, Mike P; 'John Molitor';Jordan, Alex; Kass,Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa;Thomas,John G; Chavez, Nathan; Krueskamp, Theresa A; McCoy, David W; 'Willie Hall'; 'maggie.crediford@trico.eco'; Liggett, Brent E; Shestak,Joe; Musunuri, Varunima Cc: 'Dave Coots'; 'Christine M.O'Hara' Subject: RE: Docket No. Assignment: Recovery Auto & 10601 N College (18120010 UV) Good afternoon.This petition has been tabled to the Feb. 25 BZA meeting.The updated dates and deadlines are listed below. (Only mailings will have to be done; the public notice sign was placed, and the legal add was published.) Thank you. Feb.25 Regular BZA meeting timeline public notice deadline for mailings 2/5/2019 by Spm to be mailed fees/packets due 2/15/2019 by Noon agenda released dept.report issued 2/20/2019 by Noon proof of notice due 6pm BZA meeting 2/25/2019 6:00pm Angie Conn,AICP Carmel Planning &Zoning Dept. From: Conn, Angelina V Sent: Wednesday, December 26, 2018 12:13 PM To: Lopez, Alexia K; Warner, Caleb; Blanchard, Jim E; 'Greg Ilko'; Haney, Douglas C; Hollibaugh, Mike P; 'John Molitor'; Jordan, Alex; Kass, Joslyn; Keeling, Adrienne M; Keesling, Rachel M; Littlejohn, David W; Lux, Pamela K; Maki, Sue; Martin, Candy; Mindham, Daren; Mishler, Nicholas F; Motz, Lisa; Thomas, John G; Chavez, Nathan; Krueskamp, Theresa A; McCoy, David W; 'Willie Hall'; 'maggie.crediford@trico.eco'; Liggett, Brent E; Shestak, Joe; Musunuri, Varunima Cc: 'Dave Coots'; 'Christine M. O'Hara' Subject: Docket No. Assignment: Recovery Auto & 10601 N College (18120010 UV) I have issued the necessary BZA Docket Number for(UV) Recovery Auto& 10601 N College. It is the following: (UV) Recovery Auto. The applicant seeks the following use variance approval: Docket No. 18120010 UV UDO Section 2.05 Prohibited Uses in Overlay,Automobile Sales & Display requested.The 0.4 acre site is located at 10601 E. 106th St. It is zoned B2/Business and Home Place Overlay District, Business Sub-Area. Filed be E. Davis Coots of Coots,Henke& Wheeler, on behalf of Dianwei Wang and Meili He, owners. Mr. Coots can be contacted at(317)844-4693 and dcoots@chwlaw.com. 1 0F /G���nTvCgg��t ERs 11M13 iiiIIIMI .�09, . Cityof C /NDIAW' DEPARTMENT OF COMMUNITY SERVICES January 15,2019 Mr.Dave Coots Coots,Henke&Wheeler,P.C. 255 East Cannel Drive Carmel,IN 46032-2689 RE: Recovery Auto Dear Mr.Coots: The following letter represents comments for this project specifically addressing the area of alternative transportation. I have reviewed the project submitted for the January 16,2019 Technical Advisory Committee meeting and offer the following comments: ALTERNATIVE TRANSPORTATION REVIEW COMMENTS 1) The City of Cannel's standards and Bicycle and Pedestrian Plan of the Transportation Plan requires a 10'multi-use path along College Ave and 106th St. Please revise the plans to reflect this.You may elect to provide a monetary commitment equal to the value to otherwise design and construct the improvements along the roadway frontage.We request that all responses to our comments be provided in writing. Please work with the Engineering Department to determine the appropriate commitment to fulfill this requirement. 2) The City of Cannel's Thoroughfare Plan identifies College Ave as an Arterial St and requires a 100' right-of-way(50'half right-of-way). Please revise the plans to reflect this. 3) The City of Cannel Parking Ordinance requires a minimum of two(2)short-term bicycle parking spaces for auto sales.The bicycle racks are to be inverted-U or A frame racks,within fifty(50)feet of the main entrance.Please revise the plans to comply with the bicycle parking ordinance. 4) Please ensure that all paths and sidewalks are ADA compliant and that all street and drive crossings include ADA compliant ramps and crosswalks. 5) Please ensure that there will be an ADA accessible route to the building from the paths that are required along College Ave and 106th St. 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. Page 1 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 `6ofe g9M"t.1TNE) ? i o :oaCityorCarme c INDIAN. DEPARTMENT OF COMMUNITY SERVICES 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: Angie Conn,Department of Community Services Engineering Department Review Project File Page 2 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 Conn, Angelina V From: Jordan, Alex Sent: Monday,January 14, 2019 1:09 PM To: 'Dave Coots'; 'Christine M. O'Hara' 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: City of Carmel Docket#18120010 UV: Recovery Auto & 10601 N College Attachments: Right-of-Way Deed and Dedication.rtf Good morning, We have reviewed the proposed use variance and have the following comments: 1. Please provide a plan of what will be installed on the property. If it is proposed to be a parking lot,the lot will need to be paved and curbed. 2. If disturbance exceeds 0.25 acres, detention and water quality will need to be provided on the lot. 3. It appears that gravel has been placed over the pre-existing green space.The lot will need to be brought back to the original/allowable lot coverage or detention and water quality will need to be provided on the site. 4. Right-of-way will need to be dedicated for College Drive with this use variance. Per the City's Transportation Plan College Drive is an arterial street and requires a full right-of-way width of 100 feet.This lot will need to dedicate a 50' half right-of-way from the centerline of the road. I have attached the right-of-way dedication form above. 5. Per the Bicycle and Pedestrian Plan, a 10' wide multi-use path is required along the 106th Street and College Drive.This can be constructed with this project or a contribution for the cost of designing and constructing the path can be made to the City's non-reverting Thoroughfare Fund. Please let us know if you have any questions. Sincerely, Alex Jordan Plan Review Coordinator City of Carmel Engineering Department (317) 571-2305 aiordan@carmel.in.gov 1 Conn, Angelina V From: Mindham, Daren Sent: Thursday, January 10, 2019 4:27 PM To: Conn,Angelina V Cc: Keeling, Adrienne M Subject: RE: Docket No.Assignment: Recovery Auto & 10601 N College (18120010 UV) Follow Up Flag: Follow up Due By: Tuesday,January 22, 2019 10:15 AM Flag Status: Flagged As for now there will be no building, right, so I say the 15' landscaping buffer is the width. If they build,then the landscaping might get removed. But yeah, worth a conversation. Daren Mindham Urban Forester — City of Carmel 317-571-2283 From: Conn, Angelina V Sent: Thursday, January 10, 2019 4:24 PM To: Mindham, Daren Cc: Keeling, Adrienne M Subject: RE: Docket No. Assignment: Recovery Auto & 10601 N College (18120010 UV) Thanks, Daren— At the Planners Meeting the other day, I think Mike said that he wants something done with the site, and not just have it be gravel, right?... I think he also mentioned making sure that the gravel is kept outside of the street rights of way. I understand what you are saying about the home place overlay zone regulations perhaps overruling what the commercial landscape ordinance says. I looked at the building setback standards for the Home Place Business Sub-Area, and it is between 5-ft and 15-ft. So, let's say they want to build a building with 5-ft front yard building setbacks along College & 106th,then how do they comply with the 15-ft buffer required by the Commercial Landscape Ordinance? ...Thanks for looking into this. We might need to discuss this further with Adrienne and maybe with Mike H. UDO section 3.15 HP-OL Setback Standards A.Home Place Business Sub-Area Setback Standards: 1.Front Yard Setback: a.Minimum:Five(5)feet from Front Lot Line. b.Maximum:Fifteen(15)feet from Front Lot Line. c.Uses which require outdoor seating shall be set back no less than ten(10)feet. 2.Minimum Side Yard Setback: a.There are no Minimum Side Yard Setbacks;however,walkways to rear parking shall be a minimum of six(6)feet wide. b. See also Section 3.10:HP-OL Landscaping Standard. 3.Minimum Rear Yard Setback: a.Minimum:Ten(10)feet b. See also Section 3.10:HP-OL Landscaping Standard. Angie Conn,AICP Carmel Planning &Zoning Dept. 1 [M : IyA71 Coots, Henke & Wheeler December 18, 2018 ATTORNEYS AT LAW E.Davis Coots* Via Hand Delivery -� James K.Wheeler* Jay Curts Ms. Angie Conn James D.Crum Planning Administrator DEC 1. 9 20 1 8 Jeffrey S.Zipes* Carmel City Matthew L.Hinkle* One Civic Square, 3rd Floor Daniel E.Coots Carmel, IN 46032 Brandi A.Gibson* John V.Maurovich Re: Use Variance Application Ryan H.Cassman* Our client: Danny Wang Cory C.Voight Our File No. 23735 Alex Emerson Betsy Sommers Dear Angie: 'Registered Mediator As supporting documentation for the Use Variance Application filed on OF COUNSEL: behalf of Danny Wang, I am submitting to you a copy of the real estate survey for Steven H.Henke the tract and a schematic of what a future development of the property might resemble although not a portion of the intended use that is the subject of the Variance. It is Mr. Wang's intent to ultimately develop this property as his business demands grow; however, the Use Variance is to permit his occupancy of the corner site until that time. Very truly yours, COO S, HENKE & WHEELER, P.C. E. Davis Coots EDC/co Enclosures 255 East Carmel Drive Carmel, IN 46032 317-844-4693 FAX: 317-573-5385 WWW.CHWLAW.COM A Professional Corporation .r Conn, Angelina V From: Dave Coots <DCoots@chwlaw.com> Sent: Tuesday, October 16, 2018 12:33 PM To: Conn, Angelina V Subject: RE: 106th and College (10601 N College) Follow Up Flag: Follow up Due By: Tuesday, November 13, 2018 11:30 AM Flag Status: Completed Angie, I met with the client yesterday and he has decided to first submit his"proof" that the nonconforming use continued and did not cease with the removal of the old building. I am preparing that documentation and will submit it to you within the week. Since the underlying zoning is B-2 and auto sales and repair are a permitted use in that zone classification, adoption of the Home Place Overlay zone subsequent to the establishment of the use should not now make that use illegal. We can meet and review after I gather the information. From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Tuesday, October 16, 2018 12:26 PM To: Dave Coots Cc: Liggett, Brent E; Hollibaugh, Mike P Subject: RE: 106th and College (10601 N College) Good afternoon, Dave— I hope you had a nice vacation. Do you have a status update on your documentation research? Has your client decided to seek a BZA Use Variance request, or will they go a different route? Please let me know your client's intentions.Thank you. Angie Conn,AICP Carmel Planning&Zoning Dept. 1 Civic Sq. 3rd Flr., Carmel, IN 46032 P: 317-571-2417 I W: www.carmeldocs.com From: Dave Coots [mailto:DCoots@chwlaw.com] Sent: Monday, September 17, 2018 12:27 AM To: Conn, Angelina V Subject: Re: 106th and College (10601 N College) Angie, I am out of town on vacation for a couple of weeks. Will make an effort to collect the material you asked for and forward to you. Sent from my iPad On Sep 14, 2018, at 10:56 PM,Conn,Angelina V<Aconn@carmel.in.gov>wrote: Good afternoon, Dave— Thank you for the email. Please submit to us that documentation as soon as you can. (Can you also get copies of any auto dealer business licenses from the State for this site, as part of your documentation?) Then, the City Code Enforcement Dept. can determine whether or not to enforce the Violation Letter. 1 The prior land uses on the site were a gas station and an auto repair business. It was never legally used for automobile sales and/or outdoor storage that we are aware of.Also, archive street view photos, as well as aerial photos, show that the site might have been vacant for 1-2 years. Thanks so much, have a nice weekend. Angie Conn,AICP Carmel Planning &Zoning Dept. 1 Civic Sq. 3rd Flr., Carmel, IN 46032 P: 317-571-2417 I W: www.carmeldocs.com From: Dave Coots [mailto:DCoots@chwlaw.com] Sent: Tuesday, September 11, 2018 5:26 PM To: Conn, Angelina V Subject: RE: 106th and College (10601 N College) Angie, I will confer with my client regarding the use variance, however, I do not believe it will be necessary as the legal non-conforming use did not cease operation for more than one year, in fact, it was 2 months at most. I am gathering documentation to establish that and will share with you when gathered. Thanks for your help. From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Tuesday, September 11, 2018 4:37 PM To: Dave Coots Subject: RE: 106th and College (10601 N College) Good afternoon, Dave—I was able to briefly speak with the Planning Director about your proposal. At this time, the City will not be in support of any use variance request you seek before the BZA for the site, even if you were to only ask for a 1 or 2 year time limit. It would help a lot if you can provide the City with an updated concept site plan of what the redevelopment of the site would look like, making sure it meets the Home Place Overlay(HP-OL) District development standards found in the UDO. And if your client is still intent on trying to seek Use Variance approval from the BZA, it would also help a lot if you first show the City a short term plan for the site such as paving it and installing a lot of landscaping. I hope this helps. Please let me know if you still plan on filing a Use Variance application by tomorrow afternoon, or not.As you know,the filing deadline was last Friday. Angie Conn, AICP Carmel Planning &Zoning Dept. 1 Civic Sq. 3rd Flr., Carmel, IN 46032 P: 317-571-2417 I W: www.carmeldocs.com From: Dave Coots [mailto:DCoots@chwlaw.com] Sent: Wednesday, September 05, 2018 11:36 AM To: Conn, Angelina V Subject: RE: 106th and College (10601 N College) Thanks, see you then. 2 From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Wednesday, September 05, 2018 9:32 AM To: Dave Coots Subject: RE: 106th and College (10601 N College) Ok, let's meet here on Friday at 10:30 am.See you then. Angie Conn,AICP Carmel Planning&Zoning Dept. 1 Civic Sq. 3rd Flr., Carmel, IN 46032 P: 317-571-2417 I W: www.carmeldocs.com From: Dave Coots [mailto:DCoots@chwlaw.com] Sent: Tuesday, September 04, 2018 4:52 PM To: Conn, Angelina V Subject: RE: 106th and College (10601 N College) This Thursday morning or Friday after 10. Thanks. From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Tuesday, September 04, 2018 4:28 PM To: Dave Coots Subject: RE: 106th and College (10601 N College) Good afternoon, Dave— BZA approval is required. I am not sure there is any other way to allow the use, even temporarily. I can meet with you,or schedule a phone call, any time this week (or next week)to hear your thoughts on this as well as what he has planned for the entire tract.What are a few dates and times that work best for you? Angie Conn,AICP Carmel Planning&Zoning Dept. 1 Civic Sq. 3rd Flr., Carmel, IN 46032 P: 317-571-2417 I W: www.carmeldocs.com From: Dave Coots [mailto:DCoots@chwlaw.com] Sent: Tuesday, September 04, 2018 3:53 PM To: Conn, Angelina V Subject: 106th and College Angie, I represent the contract purchaser of the small lot at the northeast corner of 106th and College who would like to incorporate the vacant lot into his existing auto sales business immediately adjacent to the east. As you know,this tract has a history and is now"clean" per IDEM. Mr. Wang,the purchaser, did commence using the lot as a for sale auto parking lot until ordered by the City to cease. We have not appealed that order, but believe Mr. Wang would be entitled to the use associated with his existing business. To avoid that issue, he agreed to stop until we can address this with the Department. Mr. Wang does have plans in the future to develop the entire tract commercially and is aware of the Overlay Zone requirements. Until then, I am looking for a way to help him temporarily and without the cost of seeking a use and/or development standards variance. Do you have time to talk about the issue? Thanks. 844-4693 3