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HomeMy WebLinkAboutCorrespondence City ® aJl me Thomas E.Welch CITY ENGINEER Dorothy J.Hancock MAYOR October 28, 1991 Mr.Wesley G. Bucher, Director Department of Community Development One Civic Square Carmel, Indiana 46032 RE: Sierzputowski Property Dear Wes: I have received from the Department of Natural Resources Division of Water the revised approval for the after-the-fact approval of construction within a floodway. This revised permit rectifies the requirements of the limitations and conditions that was my concern with the original permit. I would suggest that you make a part of the Board of Zoning appeals minutes, all seven (7) Conditions as outlined in D.N.R. 's approval. These conditions are very specific in nature and deal with what we would commonly call "landscaping" . Vegetation type, size, and location is very specific and the board members should be made aware of these conditions. Prior to this office approving any buildings for construction, the petitioner will need to obtain Carmel Board of Public Works and Safety approval for sewer and water availability and a commercial curb cut. If you have any questions, feel free to call me. Very Truly Yours, RandyhvgIrWer.,01?///( Powell RDP/mch Enclosure cc: Chris White, Paul I. Cripe Jim Nelson, Attorney Jim Miller, President, Board of Zoning Appeals 1 CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2441 • 'Tl vEYOR'S OF 0.4, f f(--** � ' O _ , ; .i. . 1 fie, ,,i,i,,,, .._ i .€ , ::: III, it att il , (,:a :....1, . .. a 1 K rIta in or n e i '-e -----.___--__-:-6.)--- L— ` i ' >r-'1" Senton C. YYatc Sutveyot 77�-g6s6 go �.�laple ive►tue Jloblesville, Juliana 4606o October 17, 1991 To: P.I . Cripe, Inc. Pe: H & J Lawn & Garden I have reviewed the plans for this project and all of my previous comments have been addressed. Sincerely, ---e ---- -).' , 04 /-,__ Steven T. Cash, Plan Reviewer STC/jh cc : Carmel Plan SCS • si'si ennisQ, INDIANA DEPARTMENT OF NATURAL RESOURCES PATRICK R. RALSTON, DIRECTOR Division of Water 402 W. Washington St., firm W264 Indianapolis, Indiana 46204-2212 317-232-4160 FAX: 317-233-4579 October 15, 1991 Herman D. Sierputowski 921 North Range Line Road Carmel, IN 46032 Re: Docket No. G-13, 169 REV. I Dear Mr. Sierputowski: The Flood Control Act, IC 13-2-22, charges the Natural Resources Commission with the responsibility to regulate all construction in any floodway in the state. On March 25, 1991, the Department of Natural Resources issued a certificate of approval for G-13, 169. This certificate was for work designed to resolve the violation of unpermitted fill having been placed in the floodway. This approval was granted with five ( 5) conditions. It has been brought to our attention that these conditions limited the ability to completely resolve the violation. The Department, therefore, is issuing a revised certificate of approval, G-13, 169 REV. I, with seven (7) conditions. This revised certificate supersedes the previous certificate. Enclosed is your revised AFTER-THE-FACT permit authorizing the construction, excavation, or filling of a floodway. The permit must be posted and maintained at the project site. Special attention should be given to the conditions under which the approval was granted. This permit should not be construed as a waiver of any local building ordinances or other state and federal laws. You may appeal any portion of this permit by the procedures indicated on the attached sheet. Be advised that state law requires that you obtain approval of your project prior to construction. If you proceed without permit in the future, the Department will request that a fine be levied against you. This fine can be as large as $1,000 per day for each you are in violation of the statute. In addition to the permit granted by the Commission, you may also have to obtain a permit from the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act or Section 10 of the Rivers and Harbors Act. For more information on the Corps permit requirements, it is recommended that you contact the appropriate district office identified below. 0 U.S. Army Corps of Engineers U.S. Army Corps of Engineers Detroit District Office Louisville District Office P.O. Box 1027 P.O. Box 59, 600 Federal Plaza Detroit, MI 48231 Louisville, KY 40201 . Telephone: (313 ) 226-2218 Telephone: ( 502) 582-5607 "EQUAL OPPORTUNITY EMPLOYER" Letter to Mr. Sierputowski October 15, 1991 Page 2 If you have any questions, please contact the Stream Permits Section, Division of Water, telephone (317) 232-5660. Sincerely, Michael W. N yer, P.E. Assistant Director Division of Water MWN/KES:wkm pc: Mary Smith (affected party) Herman and Judith Sierzputowski (affected party) Smith Funeral Home, Inc. ( affected party) Richard and Janet Smith (affected party) Gary Runyon (affected party) C.D.F. Service Corp. (affected party) North Union Realty Inc. (affected party) Carmel Cemetery Association (affected party) Glenn and Alice Huber Sr. (affected party) City of Carmel (affected party) Paul I. Cripe, Inc. (Christopher White) Carmel City Plan Commission Tom Schellenberger Kenton C. Ward Van Eller Hamilton County Drainage Board Hamilton County SWCD Chairman C.O. Enclosure I I- Ni] . LILT if ryl 1L•L� hIU .UV7 r u STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES NATURAL RESOURCES COMMISSION fTE -TH T Certificate aA.pproval of Construction In A Floodway This certificate Is issued to Herman 0, Slerputowski in accordance with an application dated December 2z_1990 _ filed by Paul I . Cripe, Inc. (Christoopher R. White, P.E.) for _ c plgted fill and channel, excavation along Little Cool Creek extending from Range tine Road to a point about 935 feet upstream at Carmel , Hamilton County, 5E1, Section 24, T. 18 N. , R. 3 E. , UTMN=426500, UTME=574500 upon the finding by the Commission that the proposed work will not in the reasonably foreseeable future Interfere with flood control in the State,or adversely affect the efficiency of nor unduly restrict the capaci- ty of the floodway or constitute an unreasonable hazard to the safety of life or property, nor result in an unreasonable detrimental effect upon fish,wildlife or botanical resources.The Commission approves the proposed work,subject to the IlmItetlona and conditluna stipulate! OCI0wr WWII:1 d lha 1iro1601, l6 me mitt ucited IA accordant.,with the plans,specifieatlarts rod ether data submitted with the application.There shell be no deviation from said plans unitms the proposed change In plans shall first have been submitted to and approved in writing in me State of Indiana acting by and through Its Natural Resources Commission. LIMITATIONS AND CONDITIONS This approval granted with the conditions that: 0) no felled trees, brush or cth r dtbrts be left in the flaedw.ay of the ctnosm, (2) a CO foot wide buffer trip (over) Further limitations and conditions are that notice shall be given the Commission five days prior to the beginning of construction.This approval shall become void If construction of the project has not been started within 24 _ months of the date of this Certificate. The approval by the Commission does not relieve the person making application of the responsibility to obtain all other permits, easements or approvals nor of liability for the effects of his project upon the safety of life and property of others. 4 October 15 ,19 91 ~--�+.- Approved Director Division of Water Department of Natural Resources Docket No. G-13,169 REV. I ....,. Bi.0 Form 42 B0 flee} ILL i'IU , LILL if 11 1L•LJ I9U .VV7 I .Vll LIMITATIONS AND CONDITIONS Continued) be established immediately adjacent to the top of the stream bank and extending 50 feet landward for the entire stream length of the project, upon completion of the project, (3) all bare and disturbed areas be effectively protected from erosion during the construction period, (4) all bare and disturbed areas be revegetated to a suitable mixture of grasses (no fescue), legumes, and woody Species at the close of construction to prevent erosion, (5) a forested riparian corridor be established within the 50 feet wide buffer strip. This is to be accomplished by the replanting of trees not less than 1 (one) inch DBH (diameter at breast height). Tree species replanted must be pin oak, black walnut, red osier dogwood, and red maple, in equal numbers, alternately replanted in a minimum of 2 rows at offset 25 feet intervals. A minimum of 100 trees must be replanted. (6) all earth moving must be completed by April 1, 1992, (7) the buffer strip must be established, with all planting and seeding completed by June 1, 1992. f GF THE ARMY LOUISVILLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 59 LOUISVILLE, KENTUCKY 40201-0059 October 11, 1991 Operations and Readiness Division Regulatory Branch (North) Identification No. 199101110 U91-548-33 Mr. Darrell Edwards Paul I. Cripe, Incorporated 7172 Graham Road Indianapolis, Indiana 46250 Dear Mr. Edwards: This is in response to your August 15, 1991, letter concerning the proposal to excavate a parcel of land along Little Cool Creek. The project is located on the Carmel Quadrangle, T 18N, R 3E, Sec. 24, SE 1/4, in Carmel, Hamilton County, Indiana. This matter has been reviewed in accordance with Section 404 of the Clean Water Act, under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material in "waters of the United States, " including wetlands. Based on the information submitted to our office, it appears that no jurisdictional wetlands or "waters of the United States" would be impacted by the proposed project. Therefore, no DA permit is required. A copy of this letter is being furnished to Mr. Randy Powell, City of Carmel Engineer, 1 Civic Square, Carmel, Indiana 46032. If we can be of any further assistance, please contact us by writing to the above address, ATTN: CEORL-OR-FN, or by calling Angela Rabeneck at (502) 582-5607. Sincerely, ORIGINAL SIGNED Don Purvis Chief, Regulatory Branch SEP .0 '91 03:31Pt1 P. 1/1 ,moo ' ` ( ��R�tEYOR'S Qtt lipl " *L ``._ '-•;f�` ✓ ( :In e ��cec,/� it' ,fin 41'1• /�I'1r :lr,±t p �/ �� a r it,. _ f r +r� l I :f ,i��r; ' fj 'F fir, _ �'G} :- • � 17 rl.. -' "". I , �, ~ ," i .., % Ja` , + r I,74 1 Ili. 1' 'li It" igi. ,-- ,! .1 ,p- y `) "4 ::" ,,t-r .,��r_ JIJ""{{{. R7:.,;..7 1 .: '�•.. r. (.� �e`Y)i' ,, :«,a s,S0-: :. ;#7, -' ; cxenton C. V tc4 s a utueyot 776-946 g4 ilaple LAvenue Todlesville, c.5ndiana 46060s ept ernber 19, 1991 To. P. T . Cripe Inc. Pe : H & J Lawn and Garden The plans for this project have been reviewed. Pursuant to this review, I have the following comments. 1 . Our office prefers that flood plains not be filled. However,this project has been approved by IDNR with whom the authority rests . 2 . W�e request that the flood area boundaries be denoted. If we may be of further assistance, please contact us at 776- 9626 . Sincerely Z3teven T. Cash, Plan Reviewer 1 STC/jh cc: Carmel DOCD SCS P.S. What easements are proposed for this site? NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS, INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL FAX 317-846-8782 September 17 , 1991 Mr. Rick Brandau Department of Community Development One Civic Square Carmel, IN 46032 Dear Rick: In connection with the Special Use request of Herman and Judith Sierzputowski and Mary B. Smith, I am requesting this matter be continued from the regularly scheduled meeting of the Technical Advisory Committee of September 19 , 1991, until the Technical Advisory Committee meeting of October 17 , 1991 . In addition, I am requesting that the public hearing before the Board of Zoning Appeals be continued from Monday, September 23, 1991 until October 28 , 1991 . In order that we may forego the cost of renotification and publication, I am requesting that the President of the Board of Zoning Appeals announce publicly that the hearing has been continued to the October 28th date. If you should have any questions , please call . Thank you. Very truly yours , NEtS & FRPICENBERGER j / James J. Neilson JJN/dsk cc : Herman & Judith Sierzputowski 7172 Graham Road Indianapolis,Indiana 46250 317-842-6777 FAX*317-841-4798 PAUL I.CRIPE,INC. September 16, 1991 PIC Job #89462-20100 Mr. Randy Powell City Engineer One Civic Square Carmel, IN 46032 RE: H & Lawn & Garden - Special Use Permit Dear Mr. Powell: Pursuant to your letter dated August 16, 1991 to Mr. Wesley Bucher, I offer the following documentation, and comments for your files and records: 1) Attached is a copy of the binding agreement from the owner of the property described as Parcel 2 in the Application of Special Use Permit. 2) The U.S. Army Corps of Engineers has been contacted, both verbally and in written form. A response by letter should be released within the next two weeks. From telephone conversations with them, it appears that this project will either be exempt or have a standard "Nationwide" permit. 3) Work on this site at this time will only be grading. There is no intention to construct a permanent structure closer than 10 feet to the existing sanitary sewer along the north side of the property. Nor will there be an intent in the future to do so as we finalize design for the future development. 4) The Division of Fish & Wildlife has acknowledged that their conditions on the DNR permit do not reflect a concurrence with the construction plans. The conditions will be revised such that the DNR permit would be consistent with the construction plans. 5) There are no permanent structures at this time to be constructed as a part of this construction. It is the intent of the developer that all permanent structures built in the future will be set at 2 feet above the 100 year flood elevation of Little Cool Creek. Architects A Engineers A Landscape Architects A Land Planners A Land Surveyors 111,7 Mr. Randy Powell Page Two September 16, 1991 Please note that copies of all permits or letters of acknowledgment will be forwarded to you for your records. I trust that this information has been helpful to you. If you have any questions, please advise. Sincerely, PAUL I. CRIPE, INC. 4amielUX/ii,/) Darrell A. Edwards, PE Project Engineer hl Enclosure c Jim Nelson Herman Sierzputowski Rick Brandau PAUL I.CRIPE,INC. A Architects A Engineers A Landscape Architects A Land Planners A Land Surveyors NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL �� /'�j`� FAX 317-846-8782 DOCD SFp051991 September 4 , 1991 Mr. Rick Brandau Department of Community Development One Civic Square Carmel, IN 46032 Re: Docket No. SU-59-91 Dear Rick: With respect to the Special Use application filed by Herman D. and Judith R. Sierzputowski, which is scheduled for public hearing before the Carmel Board of Zoning Appeals on September 23 , 1991, please find enclosed two copies of the Proof of Publication of the Noblesville Daily Ledger and two copies of the Proof of Publication of the Carmel News Tribune . Also please find enclosed Petitioner' s Affidavit of Notice of Public Hearing, a copy of the Hamilton County Auditor's certification, the original of which was mailed to your office on August 7 , 1991, and the certified mail receipts . If, after your review, should you have any questions , please feel free to contact me. Ve ly yours , 1 J es J. lson JJN:dsk Enclosures 7172 Graham Road Indianapolis, Indiana 46250 Ala 317-842-6777 FAX*317-841-4798 PAUL I.CRIPE,INC. DOCD AUG 2 91991 August 27, 1991 REV71VED PIC Job #89462-20100 Mr. Rick Brandau Dept. of Community Development City of Carmel One Civic Square Carmel, IN 46032 RE: Special Use Application of Herman D. & Judith R. Sierzputowski Dear Mr. Brandau: Pursuant to Mr. Jim Nelson's letter addressed to you dated August 20, 1991, enclosed are the following items: 1) Seven (7) copies of the zoning map 2) Seven (7) copies of the revised grading plan showing the 60 foot half right of way If you have any questions, please advise. Sincerely, PAUL I . CRIPE, INC. A4 � 44G L Darrell A. Edwards, PE Project Engineer hl Enclosures c Herman Sierzputowski Jim Nelson Architects A Engineers A Landscape Architects A Land Planners A Land Surveyors NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS, INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL FAX 317-846-8782 August 20, 1991 AUG 21 1991 Mr. Rick Brandau Department of Community Development One Civic Square Carmel , IN 46032 Re: Special Use Application of Herman D. and Judith R. Sierzputowski Dear Rick: I received your review letter of August 19 , 1991 regarding the above entitled matter and enclose a copy with each comment numerically numbered. Each comment will be addressed in numerical sequence . 1 . I have informed the Department of Community Development by correspondence under separate cover that I have received authorization from Richard Smith, the son of Mary Smith, to represent her at the public hearing. 2 . Please find enclosed for your review, two ( 2 ) copies of the Notice of Public Hearing. 3 . By way of a copy of this letter to Darrell Edwards , I am requesting that he provide you with seven ( 7 ) copies of an area land use and zoning map. 4 , 5 , 6 , 7 , 8 and 9 : The application for Special Use is limited and confined to a request for a Special Use to excavate and fill in a flood way and does not involve a request to construct improvements on the real estate and therefore, a response to comments four ( 4 ) through nine ( 9 ) inclusive should not be required. 10 . By way of a copy of this letter to Darrell Edwards , I am requesting that he indicate on the plans , the right-of-way required to accommodate the thoroughfare plan. 11 . Copies of the plans were mailed to those Technical Advisory Committee members having jurisdiction over drainage and enclosed are copies of the transmittal letters . 12 . Based upon the nature of the Special Use request, I am not aware of any protective restrictions and/or covenants that would relate to or affect the Special Use . 13 . I will be contacting you regarding the assignment of a docket number and to discuss the necessity of a third review. 14 . By way of a copy of this letter to Darrell Edwards , I am requesting that he provide you with seven ( 7 ) copies of any new or revised plans . 15 . I have delivered to the Department of Community Development, a check in the amount of $250 . 00 payable to the City of Carmel representing the filing fee for the Special Use application 16 . I will provide to the Department of Community Development not less than five ( 5 ) working days prior to the date of the scheduled public hearing the appropriate proof of publication and certified mail receipts . 17 . I will be appearing at the hearing for and on behalf of both property owners and will have available for distribution to each member of the Board of Zoning Appeals , informational packets . Thank you for your prompt review of this application. If after review of this should you have any questions, please call . Best regards , N SO & FRANKENBERGER mes J. Nelson JJN/dsk Enclosure cc : Herman D. and Judith R. Sierzputowski Darrell Edwards NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS, INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL FAX 317-846-8782 August 20, 1991 Mr. Rick Brandau Department of Community Development One Civic Square Carmel, IN 46032 Dear Rick: In connection with the Special Use application of Herman and Judy Sierzputowski, please be advised that on Monday, August 19th, I received authorization from Richard Smith, the son of Mary Smith, to represent her in connection with the Special Use application. If you should have any further questions, please call . Very truly yours , NELSON &` RANKENBERGER Jamey J. Nelson JJN/dsk NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS. INDIANA 48280 OF COUNSEL 317-844-0108 JANE B MERRILL FAX 317-848-8782 1g9 rP " August 20, 1991 Mr. Randy Powell Office of City Engineer One Civic Square Carmel, IN 46032 Dear Randy: I received from the Department of Community Development a copy of your letter dated August 16 , 1991 to Wes Bucher regarding the Special Use request of Herman and Judith Sierzputowski (H & J Lawn and Garden) and have forwarded a copy of your letter to Darrell Edwards at Paul I . Cripe, Inc . I believe that many of the comments have been preliminarily addressed and by way of a copy of this letter to Darrell Edwards, I am asking that he formulate a response to each of the numbered paragraphs one ( 1) through five ( 5 ) . If you should have any questions, please call . Very truly yours , NELSON- & FRANKENBERGER Jam Nelson JJN/dsk cc : Herman D. and Judith R. Sierzputowski Department of Community Development . • ity C Wesley G. Bucher DIRECTOR- DEPT.OF COMMUNITY DEVELOPMENT Dorothy J. Hancock August 19, 1991 MAYOR Herman D. and Judith R. Sierzputowski 921 N. Range Line Road Carmel, IN 46032 RE: Special Use Application Dear Mr. and Mrs. Sierzputowski: After reviewing the above referenced application I have the following comments: -Who will be present the night of the hearing acting on behalf of Mary Smith the property owner of parcel 2? -Need two (2) copies of a completed "Notice of Public Hearing" sheet. 2 - -Section 21.3 of the Carmel/Clay Zoning ordinance (see enclosure) list the basic items of review by the Board when considering a special use application (each item needs to be addressed in some manner, either in writing or on revised plans. The application and plans submitted are unclear or deficient with regard to the following items: 3 -Surrounding zoning and land usc(s). q -Streets, curbs and gutters and sidewalks. Will there be any street or access changes in cot.Thpnr.-tinn with the iniprnvetnery, pt,IplSetl.) Tr yes, (Tetni!s Wr71u10 the hr<)prrt�, owner(s) be willing to install or commit to installing sidewalks along all right-of-way in which arc not existing? 5 -Show, dimension and label all property lines, required and existing front, side and rear yards. -Need a summary of the site coverage by building(s), parking area(s) and other structures. -Are there any special and/or general easements for public or private use as a part of this special use request? If yes, provide details. 7 -Existing and proposed landscaping and tree masses. Need a legend or planting schedule that denotes the common name(s), planting and mature size(s) of all material. I would suggest photographs showing the existing plant material and site conditions. S -Is there or will there be any fencing and/or screening at present or needed or changed with this request? If yes, please provide details. 9 -Lighting plan--will the lighting on this site be changed in any manner? Realize section 5.3.6 of the Carmel/Clay Zoning Ordinance states "Accessory lighting is permitted; however, no lighting shall cause illumination at or beyond any lot line in excess of 0.1 foot- candles of light." it -Our current circulation plan for the City of Carmel and Clay Township identifies Range Line Road as having a minimum 60 foot half right-of-way (R/W), your plans do not show the existing half R/W, in any event, would the property owners be willing to dedicate the difference? 1 CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2400 FAX 317/844-3498 Page 2 of 2 8/19/91 Sierzputowski Special Use Application /ql -The on-site and/or off-site surface and subsurface storm and water drainage, or utilities will need Technical Advisory Committee (TAC) review and approval, therefore plans need to be submitted to all TAC members at least 30 days prior the September 19th TAC meeting. 17. -Are there any protective restrictions and/or covenants that would relate to or affect the special use as requested? /3 -Due to the number of items missing or needing clarification an additional review will be necessary prior to issuance of docket numbers. Please realize, if a third review is needed a review fee will need to be paid prior that review and subsequent plan reviews. / tif -A total of seven (7) copies of any new or revised plans or support documentation submitted will be needed. 1 -Need filing fee paid-$250.00 for the Special Use application. -Need to submit to this office at least five working days prior to hearing the following--proof of publication (certifications from both newspapers), a copy of the stamped white receipts from your adjacent property owners notification and a completed Petitioners Affidavit--notarized. /V -The night of the hearing the property owner(s), their attorney, or someone with the property owner's recorded power of attorney must be present. If you have any questions feel free to contact me at 571-2444. Sincerely, Richard R. Brandau Deputy Director enclosure (1) cc: Jim Nelson, Attorney file City of CCarmel Thomas E. Welch CITY ENGINEER Dorothy J. Hancock MAYOR August 16, 1991 Mr. Wesley Bucher Department of Community Development 1 Civic Square Carmel, IN 46032 Dear Mr. Bucher: This office has reviewed the proposed plan for H&J Lawn and Garden and recommends the following requirements, due to the project's proximity to Little Cool Creek: 1. A copy of a binding agreement from the owner of the property described as Parcel II in the application of special use approval. This agreement should cover all work to be done on Parcel II. 2 . A letter from the U.S. Army Corps of Engineers either approving the project or stating that review and approval by their agency is not required. 3 . No permanent structure be any closer than 10 ' (ten feet) to the existing sanitary sewer along the north side of the property. 4 . A letter from Division of Fish and Wildlife stating that the project, as presented, complies with condition number two in the Limitations and Conditions section of the After-the-Fact Certificate of Approval of Construction in a Floodway. 5. No opening in any permanent structure shall be any lower than two feet above the one hundred year flood elevation of Little Cool Creek. (An elevation certificate should be required by the Department of Community Development prior to issuance of any occupancy permits. ) 1 CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2441 Mr. Wes Bucher August 16, 1991 Page #2 It is this departments' recommendation that if the petitioner cannot comply with all of these requirements, for what is existing and for what they propose as future development, then their special use request should not be granted. Sincerely, '1011ce-t-er Randy D. Powell RDP/mch Enclosures cc: Jim Nelson NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL FAX 317-846-8782 August 9 , 1991 Mr. Rick Brandau Department of Community Development One Civic Square Carmel, IN 46032 Dear Rick: In connection with the Special Use request of Herman and Judith Sierzputowski, you will note I sent letters to only the TAC members having jurisdiction over drainage . If after your review it is your opinion that I should mail to all TAC members, please advise. Thank you . Very truly yours, NELS & FRANKENBERGER James . elson JJN/dsk NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW DAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS IN DIA NAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL FAX 317-846-8782 August 7 , 1991 4(/ . ikkb f, 7) Mr. Rick Brandau 199 Department of Community Development � r�^ 1 One Civic Square ( ' 4) Carmel, IN 46032 Dear Rick: Please find enclosed for filing with the Carmel Board of Zoning Appeals the application of Herman and Judith Sierzputowski for a Special Use to permit excavation and fill on the real estate owned by them and on adjoining real estate owned by Mary B. Smith and located on the west side of North Rangeline Road at approximately 900 North. The proposed work has been approved by the Indiana Department of Natural Resources as evidenced by the enclosed copies of the permits (G-13 , 169 and G-13 , 170 ) . I am hopeful that this matter can be reviewed to permit a public hearing before the Carmel Board of Zoning Appeals on September 23, 1991 . After review and comment, I will forward to you the appropriate filing fee in the amount of $250 . 00 . If after your review you should have any questions, please call . Very truly yours, NELSON FRANKENBERGER Jame . Nelson JJN/dsk Enclosure cc : Herman Sierzputowski NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS, INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL FAX 317-846-8782 0OCD NOG 121991 August 7 , 1991 Mr. Rick Brandau Department of Community Development One Carmel Civic Square Carmel, IN 46032 Dear Rick: Enclosed for inclusion in your file, please find copies of the letters which I have forwarded to certain members of TAC relative to the application for Herman and Judith Sierzputowski for Special Use. Very truly yours, "NEB LS0*--&, FRANKENBERGER amen J. N �lson JJN/dsk Enclosure NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW DAMES J NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS INDIANA 46280 OF COUNSEL 317-844-0106 JANEOF CO B. MERRILL FAX 317-846-8782 August 7, 1991 Kent Ward Jerry Liston Hamilton County Surveyor Office 942 Maple Avenue Noblesville, IN 46060 Dear Kent & Jerry: On August 7 , 1991, Herman D. and Judith R. Sierzputowski filed with the Carmel Board of Zoning Appeals an application requesting a Special Use to permit excavation and fill in a flood way or flood plain on the parcel of real estate located on the west side of North Rangeline Road at approximately 900 North. Please find enclosed for your review, the plans describing the work to be performed. The work has been approved by the Indiana Department of Natural Resources pursuant to the enclosed permits . After your review, I would appreciate your completing the enclosed transmittal letter and returning it to Mr. Brandau and forwarding a copy of your response to me in the enclosed, self-addressed, stamped envelope. I am hopeful that your review can be completed so that the public hearing on this matter can be held on September 23, 1991 . If you should have any questions regarding this matter, please feel free to contact me at 844-0106 or Darrell A. Edwards at Paul I . Cripe 842-6777 . Thank you for your consideration. Ver ruly yours, Jame elson JJN:dsk Enclosures NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW DAMES J. NELSON 3021 EAST 98TH STREET CHARLES D. FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL FAX 317-846-8782 August 7, 1991 John South Hamilton County Soil & Water Conservation District 925 Division Street Noblesville, IN 46060 Dear John: On August 7 , 1991, Herman D. and Judith R. Sierzputowski filed with the Carmel Board of Zoning Appeals an application requesting a Special Use to permit excavation and fill in a flood way or flood plain on the parcel of real estate located on the west side of North Rangeline Road at approximately 900 North. Please find enclosed for your review, the plans describing the work to be performed. The work has been approved by the Indiana Department of Natural Resources pursuant to the enclosed permits . After your review, I would appreciate your completing the enclosed transmittal letter and returning it to Mr. Brandau and forwarding a copy of your response to me in the enclosed, self-addressed, stamped envelope. I am hopeful that your review can be completed so that the public hearing on this matter can be held on September 23, 1991 . If you should have any questions regarding this matter, please feel free to contact me at 844-0106 or Darrell A. Edwards at Paul I . Cripe 842-6777 . Thank you for your consideration. Very truly yours, -- James J. Nel on JJN:dsk Enclosures NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS-AT-LAW JAMES J. NELSON 3021 EAST 98TH STREET CHARLES ID FRANKENBERGER SUITE 220 JANET WOLF SWISS INDIANAPOLIS. INDIANA 46280 OF COUNSEL 317-844-0106 JANE B. MERRILL FAX 317-846-8782 August 7, 1991 Tom Welch Randy Powell Office of City Engineer One Civic Square Carmel, IN 46032 Dear Tom & Randy: On August 7 , 1991, Herman D. and Judith R. Sierzputowski filed with the Carmel Board of Zoning Appeals an application requesting a Special Use to permit excavation and fill in a flood way or flood plain on the parcel of real estate located on the west side of North Rangeline Road at approximately 900 North. Please find enclosed for your review, the plans describing the work to be performed. The work has been approved by the Indiana Department of Natural Resources pursuant to the enclosed permits . After your review, I would appreciate your completing the enclosed transmittal letter and returning it to Mr. Brandau and forwarding a copy of your response to me in the enclosed, self-addressed, stamped envelope. I am hopeful that your review can be completed so that the public hearing on this matter can be held on September 23, 1991 . If you should have any questions regarding this matter, please feel free to contact me at 844-0106 or Darrell A. Edwards at Paul I . Cripe 842-6777 . Thank you for your consideration. Very trul yours, James J.--del-on JJN:dsk Enclosures PLEASE RETURN TO: Mr. Rick Brandau Department of Community Development One Civic Square Carmel, IN 46032 PETITIONER TO FILL OUT & SEND COPIES TO TAC MEMBERS: Petitioner Name: Herman D. and Judith R. Sierzputowski Project Name: H & J Lawn and Garden Equipment, Sales and Service, Inc . Property Use: undeveloped real estate Type of Review: Special Use Date: August 7 , 1991 Dear Mr. Brandau: I have received and reviewed a location map and site/development plan and other needed supporting information for the above stated project, and make the following comments : 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . I understand that the Petitioner wishes to be included on the agenda for the Board of Zoning Appeals meeting for the September 23 , 1991 meeting. I have no problem with the Carmel Department of Community Development issuing a docket number and placing this project on the Board agenda for formal review. Sincerely, • INDIANA DEPARTMENT OF NATURAL RESOURCES PATRICK R. RALSTON, DIRECTOR Division of Water 2475 Directors Row March 27, 1991 Indianapolis. Indiana 46241 317-232-4160 FAX: 317-241-8771 Merman D. Sierputowski 921 North Range Line Road Carmel, IN 46032 Re: Docket No. G-13,169 Dear Mr. Sierputowski: The Flood Control Act, IC 13-2-22, charges the Natural Resources Commission with the responsibility to regulate all construction in any floodway in the state. Enclosed is your AFTER-THE-FACT permit authorizing the construction, excavation, or filling of---a- floodway. A copy of the staff report is also enclosed. The permit must be posted and maintained at the project site. Special attention should be given to the conditions under which the approval was granted. This permit should not be construed as a waiver of any local building ordinances or other state and federal laws. You may appeal any portion of this permit by the procedures indicated on the attached sheet. Be advised that state law requires that you obtain approval of your project prior to construction. If you proceed without permit in the future, the Department will request that a fine be levied against you. This fine can be as large as $1,000 per day for each you are in violation of the statute. In addition to the permit granted by the Commission, you may also have to obtain a permit from the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Ccntrol Act or Section 10 of the Rivers and Harbors Act. For more information on the Corps permit requirements, it is recommended that you contact the appropriate district office identified below. • E U.S . Army Corps of Engineers [2:( U.S. Army Corps of Engineers Detroit District Office Louisville District Office P.O. Box 1027 P.O. Box 59, 600 Federal Plaza Detroit, MI 48231 Louisville, KY 40201 Telephone: (313) 226-2218 Telephone: (502) 582-5607 If you have any questions, please contact the Stream Permits Section, Division of Water, telephone (317) 232-5660. Since 1 pc: see list -J chael W. Neyer, P.E. �1sysisttant Director "EQUAL OPPORTUNITY EMrala" of Water Letter to Herman Sierputowski Page two March 27, 1991 pc: Mary Smith (affected party) Herman and Judith Sierzputowski (affected party) Smith Funeral Home, Inc. (affected party) Richard and Janet Smith (affected party) Gary Runyon (affected party) C.D. F. Service Corp. (affected party) North Union Realty Inc. (affected party) Carmel Cemetrary Asociation (affected party) Glenn and Alice Huber Sr. (affected party) City of Carmel (affected party) Paul .1 . Cripe, Inc. (Christopher White) Carmel City Plan Commission Tom Schellenberger Kenton C. Ward Van Eller Hamilton County Drainage Board Hamilton County SWCD Chairman C.O. Date of Action: March 25, 1991 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER Indianapolis, Indiana Application No. G-13, 169 Application Date: December 2, 1990 Received Date: January 29, 1991 Public Notice Date: February 21, 1991 TITLE: COMPLETED FILL AND CHANNEL EXCAVATION ALONG LITTLE COOL CREEK AT CARMEL APPLICANT: Herman D. Sierputowski 921 North Range Line Road Carmel, IN 46032 OWNER: Same AGENT: Paul I. Cripe, Inc. Christopher R. White, P.E. 7172 Graham Road Indianapolis, IN 46250 PROJECT DESCRIPTION: The applicant has completed placing earth fill along the overbank of the stream and excavating along the channel. The project extends approximately 800 feet along the stream. The fill consists of soil. LOCATION: Extending from Range Line Road to a point about 935 feet upstream at Carmel, Hamilton County SE;, Section 24, T. 18 N. , R. 3 E. Carmel Quadrangle Map UTMN = 426500, UTME = 574500 DRAINAGE AREA: Approximately 2.7 square miles. HYDROLOGY: Based on a detailed study completed by Division of Water Staff, the 100-year frequency flood would reach an elevation of about 810.9 feet, N.G.V.D. , at the upstream end of the site and about 810.5 feet, N.G.V.D. , at the downstream end of the site. The 100-year frequency discharge is 1,500 cfs. COMMENTS BY DIVISION: The following review comments have been submitted concerning the above-referenced project: Division of Water: This project site was first addressed by violation letters (V-441FW, V-442FW & V-443FW) , all dated June 29, 1990, after which an application for the completed project was made to the Division of Water. The completed project is associated with Application No. G-13,006 (approved March 11, 1991 ) and is in conjunction with Application No. G-13, 170. Both are applications for completed fill and excavation projects. The completed construction did not alter the length of the stream and thalweg elevations remained unchanged. The completed project eliminates approximately 400 square feet of cross-sectional flow area in the overbank, however, the completed excavation along the channel allows for more efficient flow of the stream, therefore, no adverse effects on flood flows are anticipated. •4oa33a anTpeinwno asaanpe TeuoT4Tppe ue eteq 4ou TTTM 'uoT4epuawwooeg eq4 uT paT3Toads suoT4Tpuoo 044 ti;TM 4oaCoad pa;aTdwoo egq. 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Auv ( T7 •uoTsoaa ;uanaad o4 uoT4ona4suoo 3o eSOTo oq; 4e saToads FpooM pue 'sawn6aT ' (enosa3 ou) sassea6 3o can;xTw eTge.Tns e o4 pa4e3abanaa eq pinot;s seaae pagan4stp pue exeq ITV ( C •dTa4s xa33nq apTM 4003 00T sT1Z4 uTgl-TM pa3Tsodap eq pTnoys TTods ON ( z •weea3s at;3 3o ).fueq 3o do4 eq4 pue eaae 4oeCo.xd eq4 uaal4aq pauTe;uTew dTa4s ao33nq apTM 4003 00T 3o wnwTuTw e eq pinot;s asat;y ( T :4ew ere suoT;Tpuoo 6uTMoTTo3 eq4 3T pezTWTuTw eq ueo sessot esegy •4oa Coad sTL44 3o 4Tnsea a se an000 o4 pe4oedxe eq ueo sessoT aaanosaa TeoTue4oq pue a3TTpTTM '14sT3 •43euuag NaeW 4sTB0T0TE pagsa04eM Fq '0661 '9 aegweoea uo pe4oedsuT seM e4Ts ST41 :a3TTpTTM Puv usT3 3o uoTsTATQ oMy abed 69T '£T-0 •0N uoT4-e3TTddV • Application No. G-13,169 Page Three CONCLUSIONS: The completed project, with the conditions specified in the RECOMMENDATION, does not unduly restrict the capacity of nor adversely affect the efficiency of the floodway, does not constitute an unreasonable hazard to the safety of life or property, and does not result in additional detrimental effects upon the fish, wildlife or botanical resources. Je fifer Miller *draulicrEngineer RECOMMENDATION: It is recommended that the application be approved after-the-fact with the conditions that: (1) no felled trees, brush or other debris be left in the floodway of the stream (2) there be a minimum of 100 foot wide buffer strip maintained between the project area and the top of bank of the stream (3) no spoil be deposited within this 100 foot wide buffer strip (4) all bare and disturbed areas be revegetated to a suitable mixture of grasses (no fescue), legumes, and woody species at the close of construction to prevent erosion (5) any trees greater than 4-inches in diameter at breast height that were removed for this project be replaced at a 5:1 ratio using the same species that were removed. They should be planted with 5 feet of spacing around each tree. (/) 25'6112124://i (_e.) /- GeorgeaC. Bowman, P.E. c el . Ne e , P.E. Stream Permits Section Head Assistant Di ector Division of Water Division of Water 3 �' '�a,. �.c.arasxrrcz�ry L�.�► a , yi' k INDIANA DEPARTMENT OF NATURAL RESOURCES PATRICK R. RALSTON, DIRECTOR Division of Water 2475 Directors Row March 15, 1991 Indianapolis, Indiana 46241 317-232-4160 FAX: 317-241-8771 North Union Realty, Inc. 620 A South Range Line Road Carmel, IN 46032 Re: Docket No. G-13,006 Gentlemen: The Flood Control Act, IC 13-2-22, charges the Natural Resources Commission with the responsibility to regulate all construction in any floodway in the state. Enclosed is your AFTER-THE-FACT permit authorizing the construction, excavation, or filling of a floodway. A copy of the staff report is also enclosed. The permit must be posted and maintained at the project site. Special attention should be given to the conditions under which the approval was granted. This permit should not be construed as a waiver of any local building ordinances or other state and federal laws. You may appeal any portion of this permit by the procedures indicated on the attached sheet. Be advised that state law requires that you obtain approval of your project prior to construction. If you proceed without permit in the future, the Department will request that a fine be levied against you. This fine can be as large as $1,000 per day for each you are in violation of the statute. In addition to the permit granted by the Commission, you may also have to obtain a permit from the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act or Section 10 of the Rivers and Harbors Act. For more information on the Corps permit requirements, it is recommended that you contact the appropriate district office identified below. Ej U.S. Army Corps of Engineers 0 U.S. Army Corps of Engineers Detroit District Office Louisville District Office P.O. Box 1027 P.O. Box 59, 600 Federal Plaza Detroit, MI 48231 Louisville, KY 40201 Telephone: (313) 226-2218 Telephone: ( 502) 582-5607 If you have any questions, please contact the Stream Permits Section, Division of Water, telephone (317) 232-5660. Since 1 pc: see list A.1 'chael W. Neyer, P.E. ssistant Director Division of Water "EQUAL OPPORTUNITY EMPLOYER" Letter to .North Union Realty, Inc. Page Two March 15, 1991 pc: Mary B. Smith (affected party) Herman and Judith Sierzputowski (affected party) Smith Funeral Home, Inc. (affected party) Richard and Janet Smith (affected party) Gary A. Runyon (affected party) C.D.F. Service Corp. (affected party) Carmel Cemetery Association (affected party) Glenn and Alice Huber, Sr. (affected party) City of Carmel (affected party) Paul I. Cripe, Inc. (Christoher White) Hamilton County Drainage Board Hamilton County SWCD Chairman Carmel City Plan Commission Tom Schellenberger Kenton C. Ward Van Eller C.O. Date of Action: March 11, 1991 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER Indianapolis, Indiana Application No. G-13,006 Application Date: October 29, 1990 Received Date: November 5, 1990 Public Notice Date: December 12, 1990 TITLE: COMPLETED FILL AND CHANNEL EXCAVATION ALONG LITTLE COOL CREEK AT CARMEL APPLICANT: North Union Realty, Inc. 620 A South Range Line Road Carmel, IN 46032 AGENT: Paul I. Cripe, Inc. Christopher R. White, P.E. 7172 Graham Road Indianapolis, IN 46250 PROJECT DESCRIPTION: The applicant has completed placing earth fill along the overbank of the stream and excavating along the channel. The project extends approximately 800 feet along the stream. The fill consists of soil. LOCATION: Extending from Range Line Road to a point about 935 feet upstream at Carmel, Hamilton County SE a, Section 24, T. 18 N. , R. 3 E. Carmel Quadrangle Map UTMN = 426500, UTME = 574500 DRAINAGE AREA: Approximately 2.7 square miles. HYDROLOGY: Based on a detailed study completed by Division of Water Staff, the 100-year frequency flood would reach an elevation of about 810.9 feet, N.G.V.D. , at the upstream end of the site and about 810. 5 feet, N.G.V.D. , at the downstream end of the site. The 100-year frequency discharge is 1, 500 cfs. COMMENTS BY DIVISION: The following review comments have been submitted concerning the above-referenced project: Division of Water: This project was first addressed by violation letters (V-441FW & V-443FW), both dated June 29, 1990, after which an application for the completed project was made to the Division of Water. The completed construction did not alter the length of the stream and thalweg elevations remained unchanged. The completed project eliminates approximately 400 square feet of cross-sectional flow area in the overbank, however, the completed excavation along the channel allows for more efficient flow of the stream, therefore, no adverse effects on flood flows are anticipated. Application No. G-13, 006 Page Two Division of Fish and Wildlife: This site was inspected on December 6, 1990, by Watershed Biologist Mark Bennett. Fish, wildlife and botanical resource losses can be expected to occur as a result of this project. These losses can be minimized if the following conditions are met: 1 ) There should be a minimum of 100 foot wide buffer strip maintained between the project area and the top of bank of the stream. 2) No spoil should be deposited within this 100 foot wide buffer strip. 3) All bare and disturbed areas should be revegetated to a suitable mixture of grasses (no fescue) , legumes, and woody species at the close of construction to prevent erosion. 4) Any trees greater than 4-inches in diameter at breast height that were removed for this project should be replaced at a 5:1 ratio using the same species that were removed. They should be planted with 5 feet of spacing around each tree. Division of Forestry: No comment. Division of Nature Preserves: The Natural Heritage database shows a report for the state special concern red-shouldered hawk Buteo lineatus on Cool Creek within 2 miles downstream of the project. This information will be forwarded to the Division of Fish and Wildlife and if necessary they will comment. Division of Outdoor Recreation: This project will not directly affect any component of Indiana's Natural and Scenic Rivers System. No Land and Water Conservation Fund projects are affected by this action. Mitigate or replace wetland and wooded areas lost as a result of this project. Division of Soil Conservation: Based on the review of the project application, the proposed project should not cause increased erosion and resulting sedimentation if appropriate soil conservation practices are applied and vegetative cover is established in a timely manner on all disturbed areas. CUMULATIVE EFFECT: There are no other approved projects located at this site. The completed construction does not significantly increase flood stages and 'does not pose a risk to life or property. Further impacts to fish, wildlife and botanical resources can be minimized as a result of the completed construction if the conditions specified in the Recommendation are met. Therefore, the completed project with the conditions specified in the Recommendation, will not have an additional adverse cumulative effect. Application No. G-13,006 Page Three CONCLUSIONS: The completed project, with the conditions specified in the RECOMMENDATION, does not unduly restrict the capacity of nor adversely affect the efficiency of the floodway, does not constitute an unreasonable hazard to the safety of life or property, and does not result in additional detrimental effects upon the fish, wildlife or botanical resources. Michael E. Massonne Hydraulic Engineer RECOMMENDATION: It is recommended that the application be approved after-the-fact with the conditions that: (1) no felled trees, brush or other debris be left in the floodway of the stream (2) there be a minimum of 100 foot wide buffer strip maintained between the project area and the top of bank of the stream (3) no spoil be deposited within this 100 foot wide buffer strip (4) all bare and disturbed areas be revegetated to a suitable mixture of grasses (no fescue), legumes, and woody species at the close of construction to prevent erosion (5) any trees greater than 4-inches in diameter at breast height that were removed for this project be replaced at a 5:1 ratio using the same species that were removed. They should be planted with 5 feet of spacing around each tree. J62 ( /&()-217 George Bowman, P.E. (�1 p/a4; hael W. Ne r P.E. Stream Permits Section Head istant Di ector Division of Water Division of Water PERM=T APPEAL PROCEDURES The enclosed permit or any of the limitations and conditions which it contains may be appealed by applying for review, under the Administrative Adjudication Act, IC 4-21.5, within 18 days from the mailing of this notice. To obtain this review, a written petition must be directed to: Patrick R. Ralston, Director Department of Natural Resources 608 State Office Building Indianapolis, IN 46204 The request should contain the specific reasons for the appeal and the portion or portions of the permit to which it pertains. If an appeal is made, the final agency determination will be made by the Natural Resources Commission.