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Nelson &
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Frankenbemyer, LLC
Attorneys at Law
550 Congressional Blvd., Suite 210, Carmel, Indiana 46032 317-844-0106
JAMES E. SHINAVER
LAWRENCE J. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
VALERIE L. MATHEIS**
CHARLES D. FRANKENBERGER — Of Counsel
JANE B. MERRILL — Of Counsel
June 12, 2020
Via Entail
Angie Conn
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
Re: Brenwick TND Communities, LLC
Development Standards Variance Application
Village of West Clay
Dear Angie:
JON C. DOBOSIEWICZ
Land Use Professional
*Also licensed in Kentucky
**Also licensed in Illinois
Enclosed please find Brenwick TND Communities, LLC Development Standards Variance
Application for the Village of West Clay site (southwest corner of Towne Road and Harleston Street)
regarding the layout for a proposed convenience store (with gas sales).
Please confirm that this matter does not require TAC review, as we have not submitted a TAC
application and that this matter would appear before the Board of Zoning Appeals at their July 27, 2020
meeting.
Additionally on our call on earlier this week you mentioned access to the site from Towne Road.
In this regard please find enclosed a copy of an approved Curd Cut Request for the Towne Road access
which was approved by the Carmel BPW on April 4, 2018. Please confirm this approval is sufficient to
address your questions related to access approval and let us know if any additional approvals are necessary
to advance construction of the access as part of the Improvement Location Permit process after the BZA
considers the subject Variance requests.
Thank you for your assistance in this matter and should you have any questions please do not
hesitate to contact me.
Very truly yours,
NELSON & FRANKENBERGER, LLC
Jon Dobosiewicz, Land Use Professional
Shestak, Joe
From:Jeff Terp <jefft@vwcownersassn.com>
Sent:Wednesday, July 1, 2020 8:41 AM
To:Brett Dunn; Shestak, Joe
Subject:RE: VOWC Gas Station
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. ****
Brett
Great thought.
The PRA Design Review Board has not approved the final lighting or landscape package. It really depends on the
variance. I suspect this will be a particular review subject for the Board and I will make sure they have your thoughts
and concerns.
Jeff
From: Brett Dunn <bdunn@blueandco.com>
Sent: Tuesday, June 30, 2020 5:00 PM
To: jshestak@carmel.in.gov
Cc: Jeff Terp <jefft@vwcownersassn.com>
Subject: VOWC Gas Station
Mr. Shestak,
I am writing you regarding the proposed VOWC gas station and the building variances requested by the
developer. While I am overall in favor of this project, the lighting is a concern of mine. My house is located on
Featherbell Ave and my bedroom window looks out to the east directly at the gas station. When there are not leaves on
the trees, the existing lights at the liquor store and Puccini’s are so bright that we must pull our blinds down, even with
us being located across the retention pond. As a solution I suggest that gas station adopt lighting practices found in cities
that are part of the dark sky movement. This movement works to reduce light pollution by utilizing full-cutoff fixtures
where the light is shielded from the top and sides so that little light is cast upward or onto public areas. Another feature
of dark sky lighting is utilizing a “warm” color for the actual lighting. I believe this small change to the variation would
greatly reduce the amount of light pollution emitted by the gas station.
Please pass my concerns and suggestions on the relevant parties on the Board of Zoning appeals.
Brett Dunn, CPA | Senior Accountant
Blue & Co., LLC | phone/fax 317-428-6845
12800 N. Meridian, Suite 400 | Carmel, IN 46032
www.linkedin.com/in/bdunn099
| www.blueandco.com
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JAmEs BRA1NARll, MAYOR
September 18, 2018
Michael Sloan
Meridian Group Realty
110 N Delaware St, Ste. 200
Carmel, IN 46032
RE: TOWNE ROAD AND HARLESTON —CURB AND MEDIAN CUTS
Mr. Sloan,
You recently inquired into approvals for curb and median cuts regarding a proposed Family Express
development on the vacant parcel at the SW corner of Towne Road and Harleston Street. On April 4,
2018, the Board of Public Works and Safety approved both a "right in, right out" driveway approach off
of Towne Rd. along with a median cut on Towne to allow construction of a left turn lane onto Harleston
St. The left turn lane is currently under construction.
Because there has been no formal site plans submitted to the City of Carmel for review of a proposed
development, no curb cuts along Harleston St. have been requested for approval at this time.
Ultimately, Board of Public Works approval will be required for any additional proposed curb or median
cuts. That being said, the Engineering Department is not opposed to additional curb cuts along
Harleston St. similar to adjacent developments and would favorably recommend approval to the Board
of Public works as part of our typical plan review process.
Sincerely,
eremy ;Ka s In 2ma �
P.E.
City Engineer
DEPA6'I'AIENri OF ENGINEERING
ONE OW SQL ARE, CARMEL, IN 46032 OFFICE 317571.2441 FAx 317571.2439
ENUIL engineering®carnie1An.gov
2460 Glebe Street Apt 338
Carmel, IN 46032-7175
10 March 2020
Hon. James Brainard, Mayor
City of Carmel
One Civic Square
Carmel, IN 46032
Proposed Family Express in the Village of West Clay Uptown
Dear Mayor Brainard:
The Residents' Advisory Council represents the 200 residents at The Stratford. On
behalf of those residents, our leadership group unanimously supports the variance
for the proposed Family Express in West Clay.
This facility will be the nearest neighbor to our residents, especially those in the
cottages at the north end of the property. We fully support placing the building on
the south border of the commercial property with the fueling stations on the north
side bordering Harleston Street.
There are several reasons for this recommendation. For example, the proposed
variance will reduce the ambient light and noise from the facility by placing the
focus of the business further from our residents. There also will be far better access
for our residents who will not have to walk through the gas pumps and canopy to
purchase groceries, and with this variance the tank trucks, supply trucks and
customers vehicles will not pass within a few feet of our cottage residents.
We know that the Family Express will be a welcome addition to our neighborhood,
but the business will be much enhanced by the granting of this variance.
Thank you for your consideration, and if you have questions, please contact me.
Sincerely, Q1
Douglas L. Bosworth
President, Residents Advisory Council
The Stratford
d.lbos39_@amail..com
217.722.1873
THE
STRATFORD
March 13, 2020
Hon. James Brainard, Mayor
City of Carmel
One Civic Square
Carmel, IN 46032
Re: Family Express in the Village of West Clay Uptown
Dear Mayor Brainard:
As Executive Director of the Stratford Retirement Community, I am extending our full support for the
Family Express proposed in the neighborhood's Uptown area. A convenience store is a long-awaited and
welcomed addition to our flourishing neighborhood.
We do ask that Family Express revise the current layout and instead, place the gas pumps on the north
side of the structure. This minor change in design will provide an enormous aesthetic benefit not only to
our 200+ population but also to all residential properties surrounding our campus. Implementation of
this change would ensure the streetscape, integrity and original vision of the master plan be maintained.
In addition, implementing this modification will preserve our ability to provide a better lifestyle for our
residents as well as to attract future residents to our community.
I appreciate your consideration and would welcome any feedback or questions you may have.
Sincere y,
m arrillo
Exe utive Director
2460 GLEBE STREET CARMEL, IN 46032.7154
PHONE 317-733-9560 • WWW.STRATFORD-LIVING.COM
WESTCEAY OWNERS ASSOCIATION, INC.
February 28, 2020
Hon. James Brainard
Mayor
City of Carmel
One Civic Square
Carmel, Indiana 46032
Re: Family Express located in Uptown
Dear Mayor,
On behalf of the Board of Directors, the Architectural Review Board, the Design Review Board of
Uptown and the Residents of the Village of WestClay, we support the variance of development
standards for the proposed project.
The Residents of the Village strongly support the Family Express Convenience Store in Uptown. A
convenience store has been a vision and desire of the Village since our inception in 2000. The location
complements the master plan for the Village and is consistent with the Architecture Standards of the
Village and Uptown.
The proposed variance or modification to the development plan is fully supported by the Village. The
repositioning of the canopy and building is a logical solution to reduce light and noise for the nearby
Stratford Retirement Community. The Village believes this modification is consistent with the
architectural intent of the Village and believes this minor change will enhance the long-term viability of
the project.
Thank you for your consideration and if you have any questions, please let us know.
12884 Broad Street • Carmel, IN 46032 • 317.574.1164 • FAX 317.574.1133
wwwvwcownersassn. com
Val
March 20, 2018
Board of Public Works and Safety
CIT-Y.- UT C,_'LRIVIEL
One Civic Square
Carmel, Indiana 46032 J, Nirs BRAI.V�RD, MAYOR
RE: TEMPORARY CONSTRUCTION ENTRANCE & CURB CUT REQUEST — PATHWAY CLOSURE
BRENWICK DEVELOPMENT—TOWNE ROAD
Dear Board Members:
Mr. Duane Sharrer, P.E., Vice President Weihe Engineers, has requested approval for a curb cut and
temporary construction entrance for a proposed commercial development to be located in the
southwest corner of Harleston Street and Towne Road. The proposed curb cut, to serve as an entrance
to the project, will be located on the west side of Towne Road approximately 200' south of Harleston
Street (Exhibits attached) The multi -path recreational pathway along Towne Road will require closure
during construction of the curb cut and temporary construction entrance. The pathway will be
reconstructed upon completion of the proposed project.
r .
There are no alignment or line of sight issues associated with this request. The proposed curb cut off of
Towne Road will be of a right -in, right out design by means of curbing to direct traffic into and out of the
proposed site.
The Department of Engineering recommends that the Board approve the requested curb cut, temporary
construction entrance and multi -use pathway closure contingent upon satisfaction of the following
requirements:
• In constructing the entrance, the petitioner's contractor shall comply with the provisions of
Carmel City Code 6-227(a)(1), 6-227(a)(8), 6-227(b).
• The portion of the proposed entrance within the right-of-way is constructed of concrete
pursuant to Carmel City Code 6-227(h)(6).
• The aprons within the right-of-way shall be 6" minimum thickness concrete.
• Any damage to the existing improvements within the right-of-way of Towne Road shall be
restored to the satisfaction of the City when the work is complete.
• Towne Road shall be kept clean: of dirt and debris at all times.'
• Approval by the Board is for the temporary construction entrance, curb cut and pathway
closure only. All other items of work shown on the attached exhibits are subject to review and
approval by the Department of Engineering and other Departments of the City as part of a
separate approval process.
• A temporary construction entrance is installed to prevent the tracking of mud onto existing
pavements. Concrete, motor and paint washouts must be contained on site, in lined
containment, and disposed of properly to prevent soil contamination and storm water
pollution. The Temporary entrance and washout area must be installed in accordance with
Temporary Construction Washout detail in Chapter 700 of the Indiana Department of
Environmental Management Storm Water Quality Manual,
DEPARTMENT OF ENGNEERNG
ONE Gv�rrC SQUARE, CARMEL, IN 46032 Orr•SCE 317.571.2441 F,\x 317.571..2439
EMAIL engineencig&-Irmei.in.gov
Page 2 of 2
Towne Road Curb Cut— Brenwick Development
March 20, 2018
• Traffic on Towne Road shall remain undisturbed during construction periods at all times.
• Roadway protection measures shall be implemented prior to use of the temporary construction
entrance. Restoration of any damaged roadway (damage being determined solely by the City)
after completion of work shall be in accordance with the City of Carmel standards and subject
to City acceptance.
• The petitioner agrees to post all signage identifying the pathway closure and detour route prior
to the closing of the pathway. A sign, measuring at least 18"x12", shall be posted on both sides
of the closure stating "PATHWAY CLOSED". The petitioner is required to work with the
Department of Engineering to determine an adequate detour route for the pathway.
• After a period of 120 days upon approval of this request and/or commencement of the curb cut
activities, the temporary construction entrance shall be removed in accordance with Carmel City
Code 6-227(h)(10).
• Petitioner shall obtain approval of the final construction drawings of all work from the
Department of Engineering prior to commencing any construction work.
• Approved ADA ramps for the recreation pathway shall be installed on both sides of the
constructed curb cut meeting required standards.
Sincerely,
J remy Kashman, P.E.
City Engineer
ATTACHMENTS
S:\BPW18\MISC\BRENWICKTOWNEROADCURBCUT,DOC
NO WEIHE
ENGINEERS
Curb Cut on Towne Road south of Harleston Street
Narrative
Brenwick Development Co. is proposing to make modifications along the western curb line of Towne
Road south of Harleston Street to construct a curb cut for access to a parcel of real estate located at
the southwest corner of the Towne Road and Harleston Street. The curb cut will allow for right turns
into the property and right turns out of the property from/onto south -bound Towne Road. The
modifications are warranted to accommodate the traffic that will be generated by a business that is
proposed to occupy the southwest corner of the intersection mentioned above.
The modifications will include:
• Removal of a portion of the western curb line on Towne Road.
• Removal of a section of asphalt trail.
• Relocation of storm sewer inlets and pipes.
• Construction of an access drive that includes curbing to direct traffic for right turns into the
property and right turns exiting the property.
• Reconstruction of the asphalt trail.
Brenwick. Development Co. will contract for the necessary work to be done per construction
documents prepared by Weihe Engineers, Inc. and approved by the Engineering Department of the
City of Carmel.
10505 North College Avenue I Indianapolis, IN 46280 1 Nvww weihe.net ] (317) 846-661 1 1 (800) 452-6408
Allan H. Weihe, P.E., L.S., - Founder
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Board of Public Works and Safety Meeting
MINUTES
Wednesday, April 4, 2018 —10:00 a.m.
Council Chambers City Hall One Civic Square
MEETING CALLED TO ORDER
Board Member Burke called the meeting to order at 10: 00 a. in.
MEMBERS PRESENT
Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jacob Quinn 1,rere present.
Mayor James Brainard was not present.
MINUTES
Minutes for the March 21, 2018, Regular Meeting were approved 2-0
BID/QUOTE OPENINGS AND AWARDS
Bid Award for Brookshire Golf Clubhouse & Bath House/Pool; Bob Higgins, General
Manager/Superintendent, Brookshire Golf Course. Item was TABLED.
Bid Opening for City of Carmel Fleet Leasing and Management Program: Board 1111ernber Burke
opened the quotes and read them aloud:
Contractor
Enterprise
Bid
S22, 090.00
PERFORMANCE RELEASE APPROVAL REQUESTS
Resolution BPW-04-04-18-01; Indiana Spine Group; Storm Water Control; Board Member Burke
moved to approve. Board Member Watson seconded Request approved 2-0.
Resolution BPW-04-04-18-02; Westmont Section I, Interior Sidewalks (Builder); Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
CONTRACTS
Request for Purchase of Goods and Services; Gordon Flesch Company, Inc.; (S656.19 per annum);
Copier Rental; Board Member Burke moved to approve. Board Member Watson seconded. Request
approved 2-0.
Request for Purchase of Goods and Services; Collective Publishing, LLC. (SI1,880.00); Carmel
Monthly Magazine Advertising for the Year; Board Member Burke moved to approve. Board
Member Watson seconded. Request approved 2-0.
Request for Purchase of Goods and Services A&F Engineering Co, Inc; (S61, 630.00); Maintain
Traffic Signal Records and On -Call Services - 2018; Board Member Burke moved to approve. Board
Member Watson seconded. Request approved 2-0.
Request for Purchase of Goods and Services; Angel Oak Tree Care — Angel 's Touch Lmvn Care, Inc;
(S24, 995.00); Tree Removal and Other Landscape Services; Board Member Burke moved to
approve. Board Allember Watson seconded. Request approved 2-0.
Requestfor Purchase of Goods and Services; Artists Development Company, LLC; (S40, 550.00);
Booking Entertainment Services and Gallery Walk & Holiday in the Arts District Entertainment;
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Request for Purchase of Goods and Services; Blunk Safety Systems, Inc; (S123, 919.38); Vehicle
Emergency Lighting and Utility Cabinets; Board Member Burke moved to approve. Board Member
Watson seconded. Request approved 2-0.
Request for Purchase of Goods and Services; Hoosier Portable Restrooms, Inc; ($20, 250. 00); Unit
and Handwashing Station for Events; Board Member Burke moved to approve. Board Member
Watson seconded. Request approved 2-0.
Request for Purchase of Goods and Services; Arc Acquisition (US), Inc; (S130, 383.72); Laptops,
Adapters Docking Stations, etc. for Police Vehicles, Board 1fember Burke moved to approve. Board
Member Watson seconded. Request approved 2-0.
Request for Purchase of Goods and Services; Weston Nicholson; ($12, 500. 00); Agreement for
Individual Contracted Services; Board Member Burke moved to approve. Board Member Watson
seconded. Request approved 2-0.
Request for Purchase of Goods and Services; Gradex, Inc. (S10,112. 94); Culvert #43 Hoover Road
Over Clay Creek - Project 416-SW-08; CO 91; Board Member Burke moved to approve. Board
Member Watson seconded. Request approved 2-0.
Request for Purchase of Goods and Services; Rieth-Riley Construction Co, Inc; (S28, 938.48);
Rangeline Road & City Center RAB - Project 416-ENG-50; CO 45; Board Member Burke moved to
approve. Board Member Watson seconded. Request approved 2-0.
Requestfor Purchase of'Goods and Services; Rieth-Riley Construction Co, Inc; ($30,807.43); River
Road Reconstruction Phase II - Project 916-ENG-80; CO #I; Board Member Burke moved to
approve. Board Member Watson seconded Request approved 2-0.
Request for Purchase of Goods and Services; HIS Constructors; (S65, 641.26); Carmel Small
Structures Culvert 436 - Project 416-SW-08; CO 41; Board Member Burke moved to approve. Board
Member Watson seconded. Request approved 2-0.
Request for Purchase of Goods and Services; Rieth-Riley Construction Co, Inc; ($61, 754.48);
Rangeline Road and 4" Street RAB - Project 416-ENG-31; CO 45; Board Member Burke moved to
approve. Board 1Vlember Watson seconded. Request approved 2-0.
Request for Purchase of Goods and Services; Rieth-Riley Construction Co, Inc; (S556, 312.82);
Veterans Way Construction - Project #17-ENG-01; CO #4; Board Member Burke moved to approve.
Board Member Watson seconded. Request approved 2-0.
REQUEST TO USE CITY STREETS/PROPERTY
Request to Use/Close City Streets; Community Block Party; September 22, 2018; 3: 30 p.m. — 7:30
p.m.; Board Member Burke moved to approve. Board Member Watson seconded. Request approved
2-0.
Request to Use/Close City Streets; Art of Wine; July 21, 2018; 9: 00 a.m. —11:59 p.m.; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Request to Use Gazebo; Group Dinner; August 17, 2018; 5: 00 p.m. —10: 00 p.m.; Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Request to Use/Close City Streets; Taste of Hope; August 11, 2018; 5: 00 p.m. — 9: 00 p. m.; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Request to Use/Close City Streets; Yoga Fundraiser; May 19, 2018; 9: 00 a. m. —1:00 p. m.; Board
Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Request to Spray Paint Temporary Road Markers on City Streets; Bicycle Ride; April 6 and 7, 2018;
Early Morning; Board Member Burke moved to approve. Board Member Watson seconded. Request
approved 2-0.
OTHER
Resolution BPW-04-04-18-03; A Resolution Requesting the Financing, Construction, and Dedication
of Certain Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against the
Payment of Parks and Recreation Impact Fees ("PRIF') and Approving a PRIF Credit Agreement;
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Request for Stormwater Technical Standards Variances; Kent Project; Board Member Burke moved
to approve. Board Member Watson seconded. Request approved 2-0.
Request for Stormwater Technical Manual Variance; Aldi of Weston Park; Board Member Burke
moved to approve. Board Member Watson seconded. Request approved 2-0.
Request for Curb Cut/Curb Cut Vacation/Sidewalk Closure; 301 American Way; Board Member
Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Request for Median Curb Cut; Towne Road; Board Member Burke moved to approve. Board
Member Watson seconded. Request approved 2-0.
Request for Temporary Construction Entrance/Curb Cut/Pathway Closure: Towne Road: Board
Member Burke moved to approve. Board Alember Watson seconded Request approved 2-0.
Request for Temporary Construction Entrance; 3650 West 141 St Street; Board Member Burke
moved to approve. Board Member Watson seconded. Request approved 2-0.
Request for Lane Restriction/Open Pavement Cut; West 116"' Street for CTRWD Project 41707;
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0.
Request for Lane Restriction/Sidewalk Closure; 1032 East Alain Street; Board Member Burke moved
to approve. Board Member Watson seconded. Request approved 2-0.
Request for Replat; Lot 1 and Part of Lot 2 in North American Park; Board Member Burke moved to
approve. Board Member Watson seconded. Request approved 2-0.
ADJOURNMENT
Mayor Brainard adjourned the meeting at 10: 04 a.m.
Christine S. Pauley — Clerk- Treas re
Approved
ayor James Brainard
ATTEST:
Christine S. Pauley - Clerk -Treasurer
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