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Home My WebLink AboutCorrespondence US.128057635.01 Faegre Drinker Biddle & Reath LLP 600 East 96th Street, Suite 600 Indianapolis, Indiana 46240 +1 317 569 9600 main +1 317 569 4800 fax Steven D. Hardin Partner steven.hardin@faegredrinker.com +1 317 569 4833 direct May 18, 2020 E. Davis Coots Coots, Henke & Wheeler, P.C. 255 East Carmel Drive Carmel, IN 46032 Re: The Courtyards of Carmel PUD Dear Dave, I hope you are well. As you know, Epcon reached out to the surrounding neighborhood leadership group prior to filing the PUD application, but, due to the coronavirus, we could not meet in person to discuss the plan. As a result, Epcon met virtually with you and the leadership group on April 14 so that Epcon could share its proposed plan for the community. Following that initial meeting, we received your letter dated May 4 that provided neighbor comments to Epcon’s proposal. Epcon’s Plan Commission submission was due just a few days later. Epcon did update the PUD Ordinance in response to some of the neighbor comments, and they are still reviewing the others. We all know that emails and written correspondence sometimes can convey unintended tones, so Epcon wants to be sure to let the leadership group know that, as it has stated from the beginning, that it is very much open to having a continuing dialogue and engagement with them throughout the process. In that spirit, Epcon would like to set up another virtual meeting with the leadership group to go over the outstanding issues in advance of the Committee meeting, so please let us know a good day and time to do so either this week or next. In the meantime, here are Epcon’s initial thoughts in response to the items listed in your May 4 letter: • Density. The City of Carmel’s Comprehensive Plan calls for density on this property between 1.4 and 4.0 dwelling units per acre. The properties adjacent to the Epcon site are zoned R1, which provides for density up to 2.9 dwelling units per acre. Epcon’s proposal is approximately 2.88 dwelling units per acre. The Comprehensive Plan also specifically encourages for this property “one story ranch and cottage homes”, which is what Epcon is proposing. Epcon also believes that its proposal is less intense than the previously-approved Old Town plan. Old Town’s plan included 165 dwelling units plus the historic home, and it included both single-family detached homes and attached townhomes. Epcon’s plan includes 169 dwelling units plus the historic home (4 more than Old Town’s), but all of its homes are age-restricted single-family detached homes (no traditional family homes and no attached townhomes). With respect to open space, US.128057635.01 Epcon has kept the same 20% minimum open space standard as required in Old Town’s PUD Ordinance. • Stub-Street Connection. The City of Carmel’s Department of Community Services and Department of Engineering have requested that Epcon connect to the existing stub- street at Smokey Ridge Trail. Ultimately, Epcon must do what the City of Carmel decides with respect to connecting to existing stub streets that were planned for connection. Epcon reported, however, in its Plan Commission submission that it is open to this connection being limited to emergency access. • Round-a-bout. Epcon has updated its plan so that the entrance does not directly connect to the existing round-a-bout. Instead, the City Engineer has approved the entrance being moved east of the round-a-bout due to the Epcon’s plan generating less traffic during the am/pm peak hours compared to Old Town’s plan because Epcon’s neighborhood will be age-restricted. • Lot Size/Perimeter Lots. Epcon has kept the same Lot Area standard as Old Town’s PUD Ordinance (4,000 sf min. lot area for homes with rear entry; 6,000 sf min. lot area for homes with front/side entry). Old Town’s plan had minimum lot widths of 42’ width for lots with rear entry homes and 60’ for lots with front/side entry homes. Epcon simplified this standard by making all lots a minimum of 52’ wide at the building set back line. Epcon believes that its single-story homes and its community will generate less impact (visually and audibly) than the previous proposal, and it believes that the proposed lot sizes are appropriate for this age-restricted neighborhood. Epcon’s community will provide all lawn mowing yard and landscaping maintenance included as part of the community fees. Epcon’s rear yards are passive and do not allow decks, soccer goals, fire pits, etc in these areas, and effectively serve as additional open space. • Rear of Home Architecture. Epcon has agreed to four-sided architecture standards and has agreed to add, at a minimum, shutters on the rear elevations of homes on the perimeter. It currently is evaluating other options, too. • Anti-Monotony/Garages. Epcon plans to offer a variety of home plans with multiple different elevations and has incorporated Residential Architectural Diversity Standards into its PUD Ordinance. Each home will have a 2-car garage, and all garage doors are required to be decorative. • Historic Home. Epcon has committed to work with the Carmel Historic Preservation Commission and the Indiana Landmarks Foundation on a plan to preserve and rehabilitate the historic home so that it can be used as an actual homestead (instead of a clubhouse or other non-residential use), and Epcon has agreed to donate the home to Indiana Landmarks at no cost. Indiana Landmarks has advised Epcon that it plans to: (i) first market the home for sale to a purchaser, subject to certain rehabilitation requirements and preservation and maintenance covenants and restrictions; and, if no purchaser is located, then (ii) Indiana Landmarks will undertake the rehabilitation itself and then market the home for sale, subject to the preservation and maintenance covenants and restrictions. • 40’ Perimeter Buffer. Epcon proposes to keep the same 40’ perimeter buffer, supplemental plantings and 20’ tree preservation areas as were required in the approved Old Town PUD Ordinance. By way of context, the City’s UDO requires a 10’ perimeter buffer when single-family residential is proposed adjacent to an existing single-family residential neighborhood. The largest buffer required by the City’s UDO US.128057635.01 is 30’ and that is reserved for when an industrial development is proposed adjacent to single-family residential (multifamily requires a 25’ buffer). • Homes adjacent to Smokey Hollow. Epcon has discussed the locations of its homes with one of the adjacent neighbors and is working on a site line exhibit to share with the neighbor. Epcon is committed to discussing the options with these neighbors. o For context, Epcon’s homes will be at least 60’ from the property line (40’ buffer and 20’ rear setback). If the Epcon site was developed under the R1/R2/R3 standards, then 2-story homes could be built within 30’ of the shared property line (10’ buffer and 20’ rear setback required). The Smokey Hollow homes appear to have been built between 30-45’ of the shared property line. • Internal Speed Bumps. Epcon is exploring some ideas with the City Engineering Department and will let you know how those discussions progress. • Lots at each Connecting Street. Epcon’s plan does not include any lots adjacent to the connecting streets. Instead, Epcon is providing a 40’ perimeter buffer with a 20’ tree preservation area adjacent to the existing neighborhoods, including at the connecting streets. The Epcon team looks forward to working with you during the process. Please let us know if you’d like to set up another virtual meeting to discuss the project and any of its details. Best regards, /s/ Steven D. Hardin Shestak, Joe From:Scott Zigmond <szigmond@PerformanceServices.com> Sent:Thursday, July 16, 2020 1:55 PM To:Lopez, Alexia K Cc:Shestak, Joe; Joanie Zigmond Subject:3197 Smokey Ridge Lane Follow Up Follow Up Flag:Follow up Flag Status:Completed **** This is an EXTERNAL email. Please exercise caution and Do Not open attachments or click links from unknown senders or unexpected email. **** Ms. Lopez I briefly presented my views on the current 59 acres project the city is evaluating next to our neighborhood in Smokey Ridge. I wanted to follow up on my invite to ask you and anyone on your team to visit our street and home and share with us your thoughts on how we may mitigate the traffic challenges our street is going to have with the current stop sign at the end of our street. We have lived here 13 years with our five daughters and we are concerned about what this through traffic may do, especially in the morning, with a stop sign that most likely will back cars up blocking our driveway. Please let me know what your schedule may allow in order to have you out. I look forward to hosting you here. Scott Zigmond Mr Shestak Would you please include this invite to Ms. Lopez into the letters the board reads before the next meeting in August? Obviously my invite is open to the committee as well ???? Thanks. Scott Zigmond | VP of Sales and Marketing szigmond@PerformanceServices.com www.performanceservices.com m: (317) 410-7495 t: (888) 390-2700 o: (317) 410-7495 f: (317) 713-1751 4670 Haven Point Boulevard Indianapolis, Indiana 46280 Now Hiring: See Current Openings Here 1 Shestak, Joe From: Chavez, Nathan Sent: Thursday, November 29, 2018 3:26 PM To: Shestak, Joe Subject: FW: Cut through traffic From: Finkam, Sue Sent: Thursday, November 29, 2018 3:22 PM To: Chavez, Nathan; 'Jim Hawkins'; 'Kent Broach'; Alan Potasnik; Brad Grabow; Campbell, Laura; John Adams; Kirsh, Joshua A; Michael Casati; Forwarding EMail, Kestner, Nick; Susan Westermeier; Tom Kegley; Rider, Kevin D; Green, Anthony; Kimball, Bruce; Worrell, Jeff; Carter, Ronald E Cc: Hollibaugh, Mike P Subject: Cut through traffic Hello - I wanted to let you know that in reference to the "59 acres" project that Old Town Design Group is proposing, I have repeatedly heard concerns about cut through traffic. Residents have stated that cars are bailing off of Carey Road onto Hawthorne to get to Smokey Row to avoid the Carey Road/ 136th Street roundabout, and approving a neighborhood would increase traffic congestion and increase this occurrence. I know you have heard that too. Traffic studies looked at the area, but did not really study the side intersections. I was concerned about what might be occurring. I asked CPD to use their drone to capture some footage of the intersections for me so that I could watch the flow of traffic in morning rush. Due to privacy regulations, they were unable to do that for me, but they did place officers in the area over 4 different morning rush hours. They looked at the traffic in 4 areas concerning the Hawthorne/Carey/Smokey area. Bottom line - traffic is not cutting off of Carey to use Hawthorne on the east or Smokey Ridge to the east. The only traffic using the entrance by Smokey Row is neighborhood traffic. Here is a direct pull from Sgt. Mabie's report for one area that was the main one I wanted studied. Even though he states only 3 turned south onto Smokey, its unclear if they went all the way to 136th or not. Either way, assuming they did, 3 cars of supposed cut through traffic is not a problem. I was relieved to learn this. If you would like more info let me know. From 0700-0800 hours this morning I observed 31 vehicles traveling south on to Smokey Ridge Drive, however, 27 of the 31 vehicles actually crossed Hawthorne Drive West from Stacey Drive, which is north of. There were 3 vehicles that turned south on to Smokey Ridge Drive from the east and 1 vehicle that turned on to Smokey Ridge Drive from the West. Needless to say, virtually no one is using Hawthorne Drive West or Smokey Ridge Drive as an alternative route from Carey Road. The only vehicles utilizing that route are indeed from the neighborhood itself. Any questions or concerns regarding this information, please contact me. Respectfully Sgt. Michael L. Mabie Carmel Police Department Traffic Unit Sue Finkam Carmel City Council - Northeast District 317-614-5835 1 US.128057635.01 Faegre Drinker Biddle & Reath LLP 600 East 96th Street, Suite 600 Indianapolis, Indiana 46240 +1 317 569 9600 main +1 317 569 4800 fax Steven D. Hardin Partner steven.hardin@faegredrinker.com +1 317 569 4833 direct May 18, 2020 E. Davis Coots Coots, Henke & Wheeler, P.C. 255 East Carmel Drive Carmel, IN 46032 Re: The Courtyards of Carmel PUD Dear Dave, I hope you are well. As you know, Epcon reached out to the surrounding neighborhood leadership group prior to filing the PUD application, but, due to the coronavirus, we could not meet in person to discuss the plan. As a result, Epcon met virtually with you and the leadership group on April 14 so that Epcon could share its proposed plan for the community. Following that initial meeting, we received your letter dated May 4 that provided neighbor comments to Epcon’s proposal. Epcon’s Plan Commission submission was due just a few days later. Epcon did update the PUD Ordinance in response to some of the neighbor comments, and they are still reviewing the others. We all know that emails and written correspondence sometimes can convey unintended tones, so Epcon wants to be sure to let the leadership group know that, as it has stated from the beginning, that it is very much open to having a continuing dialogue and engagement with them throughout the process. In that spirit, Epcon would like to set up another virtual meeting with the leadership group to go over the outstanding issues in advance of the Committee meeting, so please let us know a good day and time to do so either this week or next. In the meantime, here are Epcon’s initial thoughts in response to the items listed in your May 4 letter: • Density. The City of Carmel’s Comprehensive Plan calls for density on this property between 1.4 and 4.0 dwelling units per acre. The properties adjacent to the Epcon site are zoned R1, which provides for density up to 2.9 dwelling units per acre. Epcon’s proposal is approximately 2.88 dwelling units per acre. The Comprehensive Plan also specifically encourages for this property “one story ranch and cottage homes”, which is what Epcon is proposing. Epcon also believes that its proposal is less intense than the previously-approved Old Town plan. Old Town’s plan included 165 dwelling units plus the historic home, and it included both single-family detached homes and attached townhomes. Epcon’s plan includes 169 dwelling units plus the historic home (4 more than Old Town’s), but all of its homes are age-restricted single-family detached homes (no traditional family homes and no attached townhomes). With respect to open space, US.128057635.01 Epcon has kept the same 20% minimum open space standard as required in Old Town’s PUD Ordinance. • Stub-Street Connection. The City of Carmel’s Department of Community Services and Department of Engineering have requested that Epcon connect to the existing stub- street at Smokey Ridge Trail. Ultimately, Epcon must do what the City of Carmel decides with respect to connecting to existing stub streets that were planned for connection. Epcon reported, however, in its Plan Commission submission that it is open to this connection being limited to emergency access. • Round-a-bout. Epcon has updated its plan so that the entrance does not directly connect to the existing round-a-bout. Instead, the City Engineer has approved the entrance being moved east of the round-a-bout due to the Epcon’s plan generating less traffic during the am/pm peak hours compared to Old Town’s plan because Epcon’s neighborhood will be age-restricted. • Lot Size/Perimeter Lots. Epcon has kept the same Lot Area standard as Old Town’s PUD Ordinance (4,000 sf min. lot area for homes with rear entry; 6,000 sf min. lot area for homes with front/side entry). Old Town’s plan had minimum lot widths of 42’ width for lots with rear entry homes and 60’ for lots with front/side entry homes. Epcon simplified this standard by making all lots a minimum of 52’ wide at the building set back line. Epcon believes that its single-story homes and its community will generate less impact (visually and audibly) than the previous proposal, and it believes that the proposed lot sizes are appropriate for this age-restricted neighborhood. Epcon’s community will provide all lawn mowing yard and landscaping maintenance included as part of the community fees. Epcon’s rear yards are passive and do not allow decks, soccer goals, fire pits, etc in these areas, and effectively serve as additional open space. • Rear of Home Architecture. Epcon has agreed to four-sided architecture standards and has agreed to add, at a minimum, shutters on the rear elevations of homes on the perimeter. It currently is evaluating other options, too. • Anti-Monotony/Garages. Epcon plans to offer a variety of home plans with multiple different elevations and has incorporated Residential Architectural Diversity Standards into its PUD Ordinance. Each home will have a 2-car garage, and all garage doors are required to be decorative. • Historic Home. Epcon has committed to work with the Carmel Historic Preservation Commission and the Indiana Landmarks Foundation on a plan to preserve and rehabilitate the historic home so that it can be used as an actual homestead (instead of a clubhouse or other non-residential use), and Epcon has agreed to donate the home to Indiana Landmarks at no cost. Indiana Landmarks has advised Epcon that it plans to: (i) first market the home for sale to a purchaser, subject to certain rehabilitation requirements and preservation and maintenance covenants and restrictions; and, if no purchaser is located, then (ii) Indiana Landmarks will undertake the rehabilitation itself and then market the home for sale, subject to the preservation and maintenance covenants and restrictions. • 40’ Perimeter Buffer. Epcon proposes to keep the same 40’ perimeter buffer, supplemental plantings and 20’ tree preservation areas as were required in the approved Old Town PUD Ordinance. By way of context, the City’s UDO requires a 10’ perimeter buffer when single-family residential is proposed adjacent to an existing single-family residential neighborhood. The largest buffer required by the City’s UDO US.128057635.01 is 30’ and that is reserved for when an industrial development is proposed adjacent to single-family residential (multifamily requires a 25’ buffer). • Homes adjacent to Smokey Hollow. Epcon has discussed the locations of its homes with one of the adjacent neighbors and is working on a site line exhibit to share with the neighbor. Epcon is committed to discussing the options with these neighbors. o For context, Epcon’s homes will be at least 60’ from the property line (40’ buffer and 20’ rear setback). If the Epcon site was developed under the R1/R2/R3 standards, then 2-story homes could be built within 30’ of the shared property line (10’ buffer and 20’ rear setback required). The Smokey Hollow homes appear to have been built between 30-45’ of the shared property line. • Internal Speed Bumps. Epcon is exploring some ideas with the City Engineering Department and will let you know how those discussions progress. • Lots at each Connecting Street. Epcon’s plan does not include any lots adjacent to the connecting streets. Instead, Epcon is providing a 40’ perimeter buffer with a 20’ tree preservation area adjacent to the existing neighborhoods, including at the connecting streets. The Epcon team looks forward to working with you during the process. Please let us know if you’d like to set up another virtual meeting to discuss the project and any of its details. Best regards, /s/ Steven D. Hardin Shestak, Joe From:Lopez, Alexia K Sent:Tuesday, March 24, 2020 3:41 PM To:'Leach, Mark R.' Cc:Shestak, Joe Subject:RE: PZ-2020-00028 - Epcon Carmel, LLC - The Courtyards of Carmel PUD Follow Up Flag:Follow up Flag Status:Completed Thanks Mark. We will add this correspondence to Laserfiche. Alexia From: Leach, Mark R. <mark.leach@faegredrinker.com> Sent: Tuesday, March 24, 2020 11:21 AM To: Fuller, Scott <Scott.Fuller@energytransfer.com> Cc: Yackle, Troy <Troy.Yackle@energytransfer.com>; Wood, Mark A. <Mark.Wood@energytransfer.com>; Lopez, Alexia K <alopez@carmel.in.gov> Subject: RE: PZ-2020-00028 - Epcon Carmel, LLC - The Courtyards of Carmel PUD **** This is an EXTERNAL email. Please exercise caution and Do Not open attachments or click links from unknown senders or unexpected email. **** Thanks, Scott. Have a great day. Respectfully, Mark R. Leach | +1 317 569 4851 direct Land Use Planner Faegre Drinker Biddle & Reath LLP From: Fuller, Scott <Scott.Fuller@energytransfer.com> Sent: Tuesday, March 24, 2020 11:14 AM To: Leach, Mark R. <mark.leach@faegredrinker.com> Cc: Yackle, Troy <Troy.Yackle@energytransfer.com>; Wood, Mark A. <Mark.Wood@energytransfer.com> Subject: RE: PZ-2020-00028 - Epcon Carmel, LLC - The Courtyards of Carmel PUD Mark, Panhandle Eastern Pipe Line Company, LP has no facilities involved in this project. Thank You, 1 Scott B. Fuller Representative - ROW Panhandle Eastern Pipe Line Company, LP Trunkline Gas Company, LP Southwest Gas Storage Company P.O. Box 38 Zionsville, IN 46077 office: 317-733-3266 fax: 317-733-3204 cell: 317-627-7325 scott.fuller@energytransfer.com From: Leach, Mark R. <mark.leach@faegredrinker.com> Sent: Friday, March 20, 2020 4:10 PM To: Alex Jordan <ajordan@carmel.in.gov>; Alexia Lopez <alopez@carmel.in.gov>; Angie Conn <aconn@carmel.in.gov>; Bill Hohlt <whohlt@carmel.in.gov>; Brian Wente <bw1917@att.com>; Chad Miller <Chad.R.Miller@centerpointenergy.com>; Chris Ellison <cellison@carmel.in.gov>; Chris Kehl <ckehl@citizensenergygroup.com>; Christopher Bluto <christopher.bluto@metronetinc.com>; Dan Davenport <dan.davenport@aes.com>; Daren Mindham <dmindham@carmel.in.gov>; Dave Huffman <dhuffman@carmel.in.gov>; Dave McCoy <dmccoy@carmel.in.gov>; David Littlehohn <dlittlejohn@carmel.in.gov>; David Lucas <david.lucas@hamiltoncounty.in.gov>; David Strong <dstrong@carmel.in.gov>; Jason Kirkman <jason.kirkman@charter.com>; Jason Lemaster <jason.lemaster@hamiltoncounty.in.gov>; Jason Lemaster <health@hamiltoncounty.in.gov>; Jason Stewart <jjstewart@carmel.in.gov>; Jessica Herrington <jessica.herrington@duke-energy.com>; Jim Barlow <jbarlow@carmel.in.gov>; Jim Blanchard <jblanchard@carmel.in.gov>; Joe Faucett <jfaucett@carmel.in.gov>; John Duffy <jduffy@carmel.in.gov>; John Thomas <jthomas@carmel.in.gov>; Matthew Dayhuff <Matthew.Dayhuff@duke-energy.com>; Meri Seedorf <meri.seedorf@charter.com>; Michael Klitzing <mklitzing@carmelclayparks.com>; Mike Sheeks <msheeks@carmel.in.gov>; Postmaster, Randall Brown <randall.e.brown@usps.gov>; Quentin Walker <Quentin.Walker@charter.com>; Rachel Keesling <rkeesling@carmel.in.gov>; Rodney Johnson <rodney.johnson@aes.com>; Ron Farrand <rfarrand@ccs.k12.in.us>; Ryan Daugherty <Ryan.Daugherty@duke- energy.com>; Ryan Hartman <ryan.hartman@trico.eco>; Sam Clark <samuel.clark@hamiltoncounty.in.gov>; Terry Krueskamp <tkrueskamp@carmel.in.gov>; Yackle, Troy <Troy.Yackle@energytransfer.com>; Willie Hall <whall@crossroadengineers.com> Cc: Jason Coffee <JCoffee@epconcommunities.com>; Mike Gould <MGould@epconcommunities.com>; Huff, Brett <Brett.Huff@kimley-horn.com>; Menerey, Linda <lmenerey@emht.com>; Hardin, Steven D. <steven.hardin@faegredrinker.com> Subject: RE: PZ-2020-00028 - Epcon Carmel, LLC - The Courtyards of Carmel PUD I apologize for the duplicate email, but I received error messages from several TAC members, so I wanted to resend this email with only those attachments not found in the sharefile link below. Hopefully this message size will be more manageable to get through to TAC members. Please let me know if you have any questions. Thank you, and have a great weekend. Respectfully, Mark R. Leach | +1 317 569 4851 direct Land Use Planner Faegre Drinker Biddle & Reath LLP 2 From: Leach, Mark R. Sent: Friday, March 20, 2020 3:41 PM Subject: PZ-2020-00028 - Epcon Carmel, LLC - The Courtyards of Carmel PUD TAC members, On behalf of Epcon Carmel, LLC, we have filed a PUD application for the real estate located at the northeast corner of th 136 St and Keystone Pkwy in Carmel. Please see the attached Aerial Location Map. Alexia Lopez, DOCS Planning Administrator, has assigned us petition # PZ-2020-00028. Attached are low-resolution versions of the filing materials for the petition. I will be sending paper copies to those who have requested them as well. Additionally, the below link has the majority of the project files (renderings, elevations, floor plans, etc.) and higher resolution versions of most of the attachments: https://emht.sharefile.com/d-sb9471d9c5c741029. The files are downloadable from this link. The link will expire in approximately 30 days, but please let me know if you would like it reactivated. Please let me know any questions or comments that you may have. Thank you. Respectfully, Mark R. Leach Land Use Planner mark.leach@faegredrinker.com Connect: vCard +1 317 569 4851 direct / +1 317 569 4800 fax Faegre Drinker Biddle & Reath LLP 600 E. 96th Street, Suite 600 Indianapolis, Indiana 46240, USA Welcome to Faegre Drinker Biddle & Reath LLP (Faegre Drinker) - a new firm comprising the former Faegre Baker Daniels and Drinker Biddle & Reath. Our email addresses have changed with mine noted in the signature block. All phone and fax numbers remain the same. 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