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Home My WebLink AboutCorrespondence Sent By: Foley & Pool, LLPj ~ 3172610200j Nov-28-01 029j Page 1 FOLEY & POOL. LLP ATTORNEYS AND COUNSELORS OF LAW 300 MAROTT CENTER 342 MASSACHUSETTS AVENUE INDIANAPOUS, INDIANA 46204-2132 (31 n 261-??oo FAX: (317) 261-0200 DONALD F. FOLEY DOUGLAS W. POOL JOHN L. STEWART JENNIFER S. MILLIGAN GARY J. MEYER GOVERNMENTAL. AFFAIRS LIAISON OF COUNSEL: TONY H. ABaoTT MARY S. UHLER MARY R. SCHROEDER PARALEGAL FACSIMILE TRANSMITTAL SHEET TO: Miehael Hullibaug~ Director Jon C. Dobos1ewi~ FACSIMTl.F. NO. 571-2426 FROM: Donald F. Foley DATE; November 28. 2001 Re: Hazel Dell Pond DevelopmelltlLake Forest SubdMsionl Brookfield S..bdiviJion Docket No. 51-01 PP File No.: 4559 Page(s) to follow THE INFORMATION (:ONTAINED IN THIS 1lA.(:SIMILE MESSA.GE 18 ATTORNEY PRIVILEGED ANP CONFIDENTIAL INFORMATION INTENDED ONI.V FOR TfoIE USE OF TIlE INDIVIDUAL OR ENI'ITY NAMED ABOVE. IF TltE READER OF TBIS MESSAGE IS NOT THE INTENDED RECIPIENT. YOU ARE HJ!'.REBY NOTIFIED THAT ANY DJSR'F.MTNATION, DTRTRlRlmON OR COPY OF TATS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU RAVE RECEIVED TRTS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN TIlE ORIGINAL MESSAGE TO US A1' THE ABOVE ADDRESS VIA TilE U.S. POSTAL SERVICE. THANK YOU. Fa't Completion: Sent By: Foley & Pool, LLP; u 3172610200; NOV-.28-02:29i Page 2/3 ~ I . , ....: .....POLEY:.&.POOL . Up' '. " . '. . ., . . A~m.y* mcl ~on of. Law .~ .' . DQk.u;DJ". iiouly1o . .DOt1GLU.....1'OOI. . ~'" L lr1'E9UT" . . . . JV4l'IiPDl S. MIIJ,JOAN. . . GA&Y J. MBnB.... '. '. . ('~ALAfI''''Wl:WlON' . . OF couNAlL. '. . TONr.H.. :A1lIIQTt ~<\RYS. t1HlD . MAlLY.. SClMO~ PARAU!G.u. . . '~.ci.u........ . . November Z8. 2001 . . . , , . . . . VIA FACSiMILE' . . '5",1-2426' , . . ',,' , Msehael Hollibaugh; ,Diiec~r .:. . . Jori. C. 'DObosieMcZ. ...... . .. '. Iiq)~~. of.Commnility ServiceS . . CitY of C8l:mcl. . . One..'Civic SqUare' . .' . Cam1el.''Ilj.~a. 46Q32 ..... :. Re; -: ....~tl.~I. P.~d ~eiOP_"DtI(,~ke"or.est 'subdivi.io~ . :....B~eld..SUb~OD... ..... .' .'. Docket No:.' SUl PP . Oentlc~en:. .. . . " .. . . .... .:-:rhis leue;r'is in reference to my teleph~e'con~etsaiionwitb 100: Dobosiemcz of . '.No~cmber 26) 2001,: I repoI1ed. that: I was contac.ted by .;paul' Rioux. ,of.Platinum' . ~pertie5. Who . indicated: that he and Mark Stout were diScusSijlg '.PlatUllimPIoperties . '. taking'.9ver.the, ijaz.el Dell Pond Dev~.topment. utiliimi';l totally djffment. ConCept .fo~ developlilenf. Mr. Rioux report~that ~ wiShed.to'work with 'my clients'fuNgard .t9 hi~'.' propo~ development,'Prom. Mi. Rioux.s'~escriptionof JIis proposed developmentt'my' ". clients wish io'havethe oppo.rtunit}1to 1l1~. Wi* p~atinum Properties to. gain a full understanding 0f..his proposal and tq work':~th him it\ regard to. that pMfK\!lm.tAs of the . tUne Of dictatinS .this letter; ~y ~liClits':lOf 1 have'seeri.t>>1alinum Properties 'propOsed plan~' . . , . . I .was'..ad~sed: that M8rlc. "Stout Development would .~. reqUesthlg.. that the SubdiVision Committee set this' mattei<QVel ~o the. January. meeting. My. clientS. '~speetfuUy ~. that reqUe~ as We(l.'We.~.d ~at Mr~ Rio~. ~ had..meetings' ' with you in ~d ~ PlatinWil'$ approach'wthe Haiel:Dell.Pond [)Cvelqpment. . .' ' \. ." : . '. . . . 16OMA1l0Tr ClN'llit .;0 ~A~~c~~;rs'AVliN~ .INUi~N~t9LlS.I~uil\'NA'.~lUl. 'BL: (JI1) :i~149OQ'~ fA~ (J'~ ~1.ozoo." . , .' , . . "... Sent By: Foley & Pool, LLPj o 3172610200j NOV-28-Q12:29j , "MichaelHolIibaulih" Director" , Jon 'C.' Dobosi~cz ' , ~ovember 28,2001 " ~8ge2 ' , 'POLEY it POOL ,:LLP' , , " ,', ' " ,"OFF/cpp , " " ec: RemonStra,tors, . '1I:\45S9\Hollibaujbl ~2801: ' " "'.' ",,'. .'. .. " , ", ' . Page 3/3 ~\ " ..' , " V\ Sent By: Foley & Pool, LLP; u 3172610200; NOV-21Q 17:50; Page 1 FOLEY & POOl, LLP ATTORNEYS AND COUNSE1.0RS OF LAW 300 MAROTT CENTER 342 MASSACHUSETTS AVENUE INDIANAPOUS.INOIANA 46204-2132 (317) 261-0900 FAX: (317) 2$1-0200 ~~~ ~, , IJIY <i'~'0 J V~~ r- DONALo F. FOLEY DOUGLAS W. POOL JOHN L. STEWART JENNIFER S. MILLIGAN GARY J. MEYER: GOVERNMENTAL. AFFAIRS LIAISON OF COUNSEL: TONY H. ABBOTT MARY S. UHLER MARY R. SCHROEDeR PARALEGAL FACSIMILE TRANSMITTAL SHEET TO: Michael Hollibaugh, Direc:tor .Jon C. DobotJi.,wlc:z FACS1M1LE NO. 571-1426 FROM: Donald F. Foley DATE; ~ovelDber21.2001 Re: Hazel DeD Pond DevelopmentlLake Forat Subdivision! Brookfield Sabdivlslon Docket No. 51.-01 PP File No.; 455' ~ Pagc(s) to follow 1'JI); INFORMATION CONTAINED IN 1'H1S f/'ACSIMILE MESSAGE IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INIt'ORMATION INTENDED ONI,y FOR THE USE or THE INDIVIDUAL OR ENTITY NAMED ABOV'... IF 'l'IDt READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTWIEJ) THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTI,V PROIUBlTED. IF YOU RAVE RECEIVED nus COMMUNICATION IN FoUOR, PLEASE IMMEDIATELY NOTWV US BY TEL€rHONE, AND RETURN TIn: ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK you. Fax Completion: II Sent By: Foley & Pool, LLP; CJ) 3172610200; Nov-21 017:50; Page 2 , ' , FOLEY'&; POOL, UP , , , , ' _.',,--:--':--'..,~-~.., '..,~~U()moys.an(tCo\j.nI.lonoELaW.,.--,~ " D(lIIlALDP.,JIOLh", DOt1G1.AS". J'OO1. , 'lOHNLSmWA1\," , JENMI'IlU;Jm.Ul"wAN , G'AaYJ.MlM!a , (".oyP~m-.rr.u. AJlll'ADS PArsoN 'o,.~"" TONY & ADO'\l' .' ~y S. tinJ;ia ,MAIlU.samOmu. ' PAlWJ!G-U. , ~Cnll.w- 'NoVeD)ber il~'2001 <(~'~';~JjTTIJ~ ' /,' 1-' Y " ,,6/ NO~ECflVfD , 'f: ,,' , Ic'Ti I' '1'6 IJ \-- , \=3, . ~I cOOl ,~' " ,,} .' DOCS',' ~.,I'" ", &A ' ,J.Q" /'); / , , , .'Ol/"', ,~:.\ '~ig '\"'\1 , ---= , ' ~A F~tSIM.iLE :' S71~~6 ',' " J,fiebaet' HolHbaugh, Di~r Jon C., Dobosiewicz " ' , , ,,' , DeparltDent, of ConurnuDtY ScrYi(;e5, ' " ,City ofCanriet' ' , " " ' One Civic square, , " "Carmel; Indiana 46032 ' Re: . ,., '. '.. ." . ,HUeI De"P.R. J)e.velopia~t/Lake:,Fo.:e.t Subdm.ioDt Bt:Oo~.d Subdlv.Uio.a " " , ' " , " , 'Daeket No: 52-01 PP' " , , ',(J~iltlemen:" ' '. '. . . . As you ~ '8\'VarC"t(u, ,Plan Con.inission tible(f, the :above matter at the November , '20"~OOI meeting and referred 'it to the SubdivisiQn'Cottimittee ~n.whieh-meets , , Decembe( 4, ,~()O'l. We received at about 3:00 p.m. on the ~00Il ofNovem~ 20," , , ,200 1 ~ 8,1/2: bY 1.1 'taXed coprof the)mrtio~ of the HaZel Dell Po~d development wnich: , sq>arates the 'Lakc"'Fo~St and 'BroC)kfield Subdivisions. ,'We ,have yetta 'receive, a"plan to 'sc8le, bui have been.8dvised,that we will :ieCeive ,stich a plan by next Mo~daY. As you are 'aware. in 'order to prop$'ly ey81~e the pla.n; ~ pfeSent iltD,~ iwe~ty~thrcc fll11'!ilies ,: ,,' 'whom we ~resent as weD. as the twO ,neiPboihQQd aSsQ4iiBtions, it':wouJd be, Yen' " diffi~Ult to aei tliat ~rk. accomplished.ln die' shOrt, periOd of timeayaii8b1e~ given ~e " , :' 'hQUdays. AdditIOnally, the fax thal'we have receivea'preSentS the same,issu~,which,ni.y clients' have objected,to in the past, tlw. 'beirig dOuble Romage Iota. " ' , , . . .. :.. ,~" :', 'We made~:pioPos8lt()the,dev~ioper"bY'out let~ofNo~~,* 14,.2001 ~ ,', N,'ov~be"16~ 2001! copi'~~ Qf~Ch,: we have eDclo~. ',,' :',,", ' "': . . .'. " , " ldo nQtbelie"~'lhe de~l~r~,~'~lie~ts;PrQ~'at tl,e time they ~gail their" , redesign. Ple~~ give, me a ~11"in reg~,tothe schCduliqofthis matter before tl1e . , ' .', . ,'.' '," . " " "" '. . : ", *~o,j ~d42 ~sAattJ$.m, A~.:~US.INI)IANA ~21n'.TJ!Li,(J~7)26i~ .~AX:()in2'l.ol9O Sent By: Foley & Pool, LLPj o 3172610200j NOV-210 17:51 j Page 3 , FOLEY & POOL UP .' , "" Michael HollibaUgh , JOti C. l>obosiewict '." , November ~1~2~1 ' ' Page 2 ' , .~\"_-;:,-:.:n:_ ~1,;;U_l' , '"Y~/ , 't'~ 4t1f!C~~' " ~ <~ ~ ,,~ ~,,0 " " 'S"'-. ~" ' ,PCn <1~ ' ,c_J. _ '.\ ,ui,"';,.J \~:! ':. /::U)" \<()", ' ".<y ," '. '"''!]''' -....._-lY'.-......('.';' "...', I -.. \ \ \ . . .... " ", --....J..:.. I. . , SubdiVision Committee'as ~il as my client's proposal for resolUtion'oftbis'm~r. . '.' . " I~'" SincclCly yours, .~. , ".DFF/cpp', , , , , cc:. .", RemonstratPrs'(w/o"cOpie..~) . , , ,Wil11~ 'YencniDg ('!I/o, copieS) , , b:\4Ss9\,HoNiblustii 12l.0l, 1. .: " , '." .' ." Sent By: Foley & Pool, LLP; w 3172610200; NOV-21Q 17:51; Page 4/7 '~J . ~_~ , 'FOWY 'at 'p6~L,."LLP ' "-' ....'. , , Att~fIIey* iUl~ CoIlmilJp", of Law ,~ , DON.\m,.1lOJ.O.. " DOuGlAS Y. I'OOl ;QIINL mwAi\.1 . JEHNI1'IIL I. MlI.'UOAN GAaYJ.1lEYIlI\ .. ' ('~.u.Al'lIAIQ1WJO)f , :Ul'(.;o~ , 1QNY n. AIIBOJT I'dAaJ s: URl.A. ' IlWlY R. scto.OJlDI!Il ,P~ ,', , .......d Q.u....- " November f6~ 2001 , '. '. c '~, (:) "RECEIVED " :\ I '1 AlVV 26 ,\ . .~" DOC/OOI tr ~ ~"';1 ,'V' ' ' " ,"~JJJg\ '~,', ,,' , - '" ,VIA FACSIMIL~' '84~'1 W1lliam E. wendling',' Jt.", ' , , "Campbell ~yle Profi~ ' 630, EaSt ~el Drlve., Suite, 400 ,', , , 'C~el, Indiana 46032 ' , , . ..' . ' . . , , Re:', ',L"," ForeSt SubdivlsioDIBtoOldleJd SubcQybioDlllazel Dell 'POnd , , ,Dearl\~r. W.endling:, , " l.,~o'giie for ow:'oftiCenotprovi~g you ,With the en~'IQsure ieSanuni the 'iettcr , we faxed to' you, on November, 14. 200 l. I ,have SlJ,bmitted with this,letter the drawing. ' Please noie~at thiS"propO. is prelil'l1in.Y.', ii1 that not 1dl of my clients,have bacUhe, , OPPo~ty,~ review thiS ~,p.~ Wc..would very much appreciate 11 it you wou1~ , ,preSent this to YOUr'cUent with regard to the: revisions to the Hazel 'Dell Poric1 , ',' ',' , develoPment.' ',' " , I look,r~d to diseW;siog 'youiclient"s:~:p~~., ,I~ .' ,~, . .' . SiriCere1y yo~ , DFf/cpp , encl. , ", " 00:, ReJnOt1$tiatOl'$ b:\4"9\Wf:D~ing1.116O'I' , JIlo,toWt~ ~'..~ Il(AssAcilUSETTS' AVENt.!,E '. 'nmIAN~us.INpIANA. ,~%U%. ~,(U1') 261.:..JIAX: <'17J 3".o~ .." " . . '.".' Sent By: Foley & Pool, LLPj u - '1.7 '1.S 24 26 3172610200j Nov-21 017:51 j Page 5/7 ....... 1"=300' ~ ... /f;(-S~\ /,,'/ 1;.' /(;;,,1 fJ NOV, 26 20 -I . i \Cl:' - ~-J \\ DOCS )IF)/ ~''> /< '~. A\~:j "ZUJ 9'~ Hazel Dell Pond Subdivision Layout Alternative Carmel, Indiana Yarger Engineering, IDe. November 14, 2001 Sent By: Foley & Pool, LLPj w 3172610200j Nov-21 ~07:51 j Page 6/7 ~ ......... FOLEY &: POOL, LLP --:-- --,.-.... Attorneys aud Counselors of Law- OOHAlDI'.I'OUlV" oOvCJ.AS Y. POOl. JOHHL ST!YAKT ~'JiIl.S.IlOIUGAN GAl.V J.llG1EIl. . CovBuoa!tn'ALAl'l',uulL\1SOH or COUNSr,l. TONY fL AII80Tr M.u.Y I. tJHlD. MAllY k. SCHaOIIDIIlt PAl \U!GAI. ............ r.Iwl1l1WUw November 14;2001 /0rs;rsfbJ);)}" I" '/ / 1.' ';/ ), " ' " ,,\. /l:-"/" .,/' \ /, R ,;, !,'~'-.,/ Af'O tCElVE.D (-~\ !:'~:. 1ft V, 26 .--\ C\ D 2~11 \---' DCe>, WJ\ ~ I',' ,\A , .,~~ '(h /> . '~TSS!i' > VIA FACSIMILE 843-30~)7 Willi~ E. Weadllng. Jr. , Campbell Kyle Profitt ' 630 East CarIilel Drive, Suite 400 . Cmne1, Indiana 46032 .. . , . Re: Lake Forest Subdiyi510aIBrooldlel~ $lIbdlrisionlll_~ DeB PODd, DeBi' Mr. W~ndling: . . By this le~, my clients ate off~ an alteri1ate development plan f()f the . approximate six-acre portion' of-the Hazel.Dell Ppnd 'Development "Which sep8rate.1I the Lake Forest and Brodkfield subdivisionS; &1 addition to the CQl-de-Sac'variance for the. length of Dell Court, it 8ppear$ that lPloth~ var~ would tit needed on Lake PoiQ.t Drive for cu1~sac length. I 'have enclosed 8 cop,Y of my client's proposal. Mark Stout Development, Inc. would ~ entitled,.then, to develop the i'emainin& portion of Hazel Dell Pond provided that such development is 1ft compliance with the .ordi~'ofihe City ofCatme1. . . , My clients would withdraw.any objections'to the cul-de-sac variance conCenling the cul-de~s8c piralleling Hazel DelfPond or the Lake Point cul-de-.S8C. . We look forward to hearing from you in this regard. , JllO MAIlOTr CEN1'Pl .542 MASSAClIIJslnTs A VENtIE . !NDL\r.{APOLIS,lNDlANA 4621l4-2t,U _lEI.: ()l7) :z61000900 . IJAX: (311) %61-0200 Sent By: Foley & poolJ LLP; Wj.lliaDi E. Wendling. Jr. , November 14~ 2001 , Page' 2 I remain; . , DFF/cpp encl' cc~ Remonstrators b:\45S9\WendlI1lI11 \401 Q) 3172610200; Nov- 21 - 0"--,17: 51 ; U FOLEY,at POOL, LLP Sincerely yours~ ____J_____ Page 7/7 .:0-- ~{~/ '- 'J' ~ fj/' ' ").- ~'\)) '" ' . \ --'! C\;<O rl\~\"\ .:' ~\; ~~ v' ~'-- , ~ I' ,- 0\ '~~~s j!5, \~r:~, ,/:..... .~ ~ _/'~\(J;' , ,~!TTI:V/ , '. c c I ...____-- I ___~ I ,,' -----~------- ------------------------ ------------ ____ .......- ~ - I / ~~-:=:~--r "1: (----Ui---u---~-'-u-u~---u~-----~u---lu---i----\\ - _.,_ ~ ~ I I I >- I , I I I I \ , I 'I ~I I I I , I \ I lOT 1 ' lOT 2 :x: ..... lOT 3 I lOT 36 lOT 37 lOT 38 lOT 39 lOT 40 I lOT 41 I lOT 42 I lOT 43 \ I 11.071 S.F. I 15.538 S.F. ,VI'I~ 15.812 S.F. I 11.929S.F. 1'.909S.F. 11.889 S.F. 11.869 S.F. 11.849 S.F. I 11.829S.F. I 11.934 S.F. I 14.509 S.F. \ I I I 5 Q: I I I I I I \ I I I 0,0 I I It 1 I I \ I I I ~Ie I II I I \ i/N.W.~ER, I I I I I I I : ~~~~ .slta<t' I ~ I I I J I! lH llHE. s.t 1/4, SEe. ~ nSN-R4E I ....j::-, ~:I~fFClJNO - -- -,~.1i,L - -- -, ~ -- LID _ '"*: - -- ---;~oo: _l~..~n'J9:E -13~7" [- -- i.m-.l - -f- --l- - iolciU"" -- - --90.00:- --- _ '~--~1------------G----- -----------r-7 51 ::; .. ......", ~ '89"'1~'3SD.2 r [l'3.8765.F. +- - '- - '~"737 S.F. ~"'70.3_ 8. I \k .. ,8 . ~ lOT d I r I N89'5"9'W 27126' \ \ \ 51 I lOT ~ lOT ~ i 19; ...---iJ"..it - - - - - -n:ANYON cREE"K RUN- - - - -1.. ~ \ 28 ;..- - ......... 27 '- 26 "'!ll / ~1 \ .... I~ I lOT . ,---- - i' ~'.. I 21,l66S.F. ~/0_6~' -'"', ~~..... ,9 --6965"""-- 5iis,--=W::::-..C'fJ ): 30 / .'/'~ --...... ll- . I;:! ,,,' ...,' \ \ ~, . .... J 10,240 s.r. /It I~$,~ " ,~...." ... z P I I ,...~1. ,..." " '\.. .. )\.66" ,- -------...... " / "':to}.,.. ,/ /.. _ _ _ 81 /~~',/ 0/-.' /-- '7'" '" , ! 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I _ -1 lOT 134 I I I ",. _ I - I 22.552 S.F, I I I ;!i _ - -I I I _ r- I I I I I -. _ " I _ - I lOT 133 I I 'lii- I _-I I 18,100S.F. I I I ~: I -' - - I I ml I __- I I I i.. _ - - - - -- _;>-<.....J.- I I I - '1-- I I I I I , , , ---- - - - - - - - - - - - -- - - -- -- -- - - - - --- -- - - - -- --~ -------------- .......-- , , lOT 44 19.983 S.F. lOT 45 30.356 S.F. I ----- ;,...--- --- ! ~------ ........... .......~ -............ ! " I I I I I I 2J6.J" I _I- I I I I I I I I I I I lOT 138 , 4,833 S.F. lOT 139 22,172 S.F. I I I I I , I , / / ----- ~~,Oi;.tg- ~~sE.l6~1..-----,- 6~::Q9~ _ ..l.. wP" y ___ ' /- ~~,~-' : /L _~ a: -- -- I l .n068' - r - -;gz.9zri-TI~ic;:6ii N - -- I I I I I I I lOT 140 I I I 22,298 S.F. : / I ;-~_ I / I I I I : I --_ I I I -,-J I I I / I : I I : I I I I I I I I I I I I I I ~ I~ I I COMMON AREA - - -- -- -----....- ------- ~I \ c( I I ~I VII ~I Q. r-- A ., , '::')00' ~(p Lo'\$ Sent By: Foley & Pool, LLPj '-D .' ~ DONALD F. FOLEY DOUGLAS W. POOl. JOHN L. STEWART JENNIFER S. MILUGAN OF COUNSEL; TONY H. ABBOTT MARY S. UHLER 3172610200; NOV-1Q1 16:45j FOLEY & POOL, LLP ATTORNEYS AND COUNSELORS OF LAW 300 MAROTT CENTER 342 MASSACHUSETTS AVENUE INDIANAPOLIS, INDIANA 4e204-2132 (317) 261-0900 FAX: (311) 261-0200 Page 1 d' 1.:1.//); 'y'';:..'; .J--'-'-""-L.., I.:'."~' . ','" V <.:; nv ~ y// '1 41; t9f'C ~ \\5~\ ;:;f ~f' l1/Yf'!J t-l ":\ /), '.9!a 1::1 C~ ODS VI /~ ~.~~ ~o/ /). -^ ;Y r.1 t:; ....~,.\- ~~)Y GARY J. MEYER GOVERNMENTAL AFFAIRS LIAISON FACSIMILE TRANSMITTAL SHEET TO: Mi~hael HolUbaugh, Director JOB C. Dobosiewiez - j'ACSlMILE NO, 571-1416 FROM: DoDald F. Foley DATE: November 19,2001 r Ruel Dell Pond DeveJopmenflLake Forest Subdivision! 8rookfield Subdivision Docket No. 52-01 PP Re: File No.: 45S9 z. Page(s) to follow MARY R. SCHROEDER PARALEGAL TIlE INFORMATION CONTAINED IN nus FACSIMILE MESSAGE IS ATTORNEY PRIYILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF TliE INDIVIDUAL OR ENTITY NAMED ABOVE. IF 'l'IIE. READER. OF TIDS MESSAGE IS NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DJSTRIBU'I1ON OR COP\, OF THIS COMMUNICATION IS STRICTLY PROIIIBm:D. 111' VOlT HAVE RECE1VED THIS COMMtINlCATION IN ERRO" 'LEASE IMMJ'.DlATELY NOTIFY US BY TELEPHONE, AND RETURN 'fHE ORIGINAL MUSAGE TO US AT THE ABOVE ADDRESS vtA THE U.s. POSTAL SERVICE. 11IANK VOlT. Fax Completion: Sent By: Foley & Pool, LLPj ~ 3172610200; NOV-1(..J1, 16:45j Page 2/3 , ' :',', FOLEY' & PbQL,:tLP, '~'..' 'M~~~~~OISofl.nr,~-:: " lIONAlDP.1'OIR- ~VI;POOL .' JOHN i. I'nlYW" " , , , 'JII!Dl1III'A s: MIWGAN, ..'" , , ' GMl.YJ. MRna' , GC?~MMIlNTAI..mi_ ~I\ISON OP COlINSIlI TON\' II. AIlBOJ1 , MAaYll'tIllta " ~.. sOmOEDl.ll ' ,p~ , , ........ CMI....... , '.' . . , ' 'Novem~'l9. 2001 . . . . '-<'~;' ' ./f~- \ ..\.-~~.-~~-L.L i. -;-.... " \. \/":"~"'~' . :.--;--' :/''').. y: ' . ~;;/, AI !,>FC;:: ~, ' " ty(}// .///1" ' " ,I i'n' (/) P'I . 17 , , i --1 0/1' ",?;;ll?1" " "'Cl ,tiCS' 'J', , .~,;,' V /--' ' '" '< j'. , "<..ij. . , ",', VIAFACSlM;ILE' , , ',571-2426" """ "~cliael,Hoili~&h.'~ ' ..', , ',:' Ioil'C. ~bosievricz ' , , "tiepartm~t of 90'iruinDtity selvices , , "City ofCarmei" , ' ' , One Civic sqU$'e' 'Carniel. ~ 4603i : t" .' . " ,': ',',' Ih: ' 'lbze"DelfPoiid'D_eiopm~~ ,ForesfSubdmSioDi ' , , ,,', Brootd1eld SuhdWiiioJi, ' , , ',,~et'No:, ,524)1 PP " , " " Gentlemen: " . . , " ,This letter ,is ,iJt resPonse' to',"Blll,WeadUng's ,letter ,un,' beliaJi of ~,StoUt '., DeVelbPmen~ Inc. requeSting'that the above matter betabJed i\t ,the November 20. 2001, ..' 'Plan,' COnlmisSion'. M.mg.!he Itemonstratots have no objection to thi$ matter being , tab~od. ~o~,they, do :objeet to' it being 're-sc~ed.. to( the December', 4th Sub- '" Division CQDimi1i8e ~tinS~ hi .t, co~l" f(;r. the Remoilstlator$ received,' verQa1' '" , " ,",.. notiCe on NoVeb1ber IS, 2()ol that,th~ would'bea request to table this matter. due to the,' . ,: develo~ ~8itia,,11U ptopo_ foI. -d~eJopm~nt. No ,detajJs of. the' :~. were' , ' prOvided. Mr.' W~ling ~ ~ot.able'to hldieate.the length,of~me'tequired to preo-yide . my clients,a'tevisedPlaiI., ' , , , , . ....'.. . .. . .. . , , 'The ~.bave not baCI'the ~ of~~ng'8ny,prOpoSed:plai1.:The " ,Remoob1ratoIS 'need the opPortmlity 'to revieW the, ,pro~d ,plan with all ,interested. . " pUties. The holi~ys will delay that.pto~s 'even flSSumiq ~ R~onStl1ltom receive the . :,pto~, chMges' Within, the ne;;rt, twO 4ays.., Tbc'ltemonstia~ors ~ly 'request that., , .. th.ismatter be. _ over, to the ,f.antwy Sub-Di:vision' ~g; ,kt' p.vv1de timc,,for the ' 'ReuionStnttorsto,evaJuate U1e'propQs8I',and"conclud:e any edj~nts, D~gO~Q~;'.~. , . , that ,DUly res,i1t'from, such proposal. ,Please llo~' that there ~ twenty~th~ (23), fam,mes, ' . . ' ., . " " .' . " . ~. ..' .' , . ' . . , , , , , ,*MAkOTi'CEIoftnd.i~~A:\'EN1JE.INDL\NAJ,'OUlI,'1NDL\NA 46IOwll,.~(.u7)2"I_.PAx.(Jlh161GIQ , ' . . ' . ,. ..,. . . ,.... '. . '. Sent By: Foley & Pool, LLPj eJ), 3172610200j NOV-1Q1 16:45j page 3/3 ,,', FOLEY & POOL,. LLP \ ;(~\, . '\(-~'~ , v<({]/_, >-.-' . Mich8el Hollibaugh JOl1 C. DOlx>SieWiez , November'19) 1QOl Page 2, . ,.,. . , '~hieh the,' Unde~igned 'repre~ts. 'In ~tion, it' will' be '11~~ to' reView such" " 'proposal ~th ,applicabie,nei8ltbol'h(~o~fa:sspcUJtions..:' ' ,I have contacted Mr. WonC11ing (bY voicemail}ia regatd to my c1ient~8 position on , this matter. , . ' ThMk you'very much foqrOUr. attention,to thts m.... I remain, ' , SinCerely yours" ' , DFFfcpp cc: Remonstrators ,', M8rUyi1 Anderson', President , Plan Commission . :' . h;\4S'9\I'laDcu~km.1II90' 'J ' Q) o JOHN M. KYLE JOHN D. PROFFITT ROBERT F. CAMPBEll JEFFREY S. NICKLOY DEBORAH L. FARMER WILLIAM E. WENDLING. jR. ANNE HENSLEY POINDEXTER ANDREW M. BARKER MICHAEL A. CASATl JOHN S. TERRY RODNEY T. SARKOVICS SCOTT P. WYATT AMY E. HIGDON CAMPBELL KYLE PROFFIIT r-..-._f ATIORNEYS AT LAW I," " \ .r", ~.(t' <2 ~~ ~n ~,<::>FRANK S. CAMPBELL U' ~ (1880.1964) FRANK W. CAMPBELL (1916.1991) THOMAS D. TITSWORTH Of Counsel November 15, 2001 Via Facsimile: 571-2426 Michael Hollibaugh, Director Mr. Ion C. Dobosiewicz DEPARTMENT OF COMMUNITY SERVICES One Civic Square Carmel, IN 46032 Re: Hazel Dell Ponds at Waterstone Gentlemen: Pursuant to my telephone conversation with you, this is our formal request that the hearing on November 20,2001 be tabled and this matter be rescheduled for subdivision committee. The reason for our request is that we are going back to the engineers to reconfigure the northern boundary to eliminate the perceived double frontage issue. I have contacted Mr. Foley, the remonstrators' attorney, to tell him of this request and am sending him a copy of this letter. Sincerely, CAMPBELL KYLE PROFFITT l . ,:/#1:t?~'1 /;;;;2' ~"~i.b{:;~ William E. Wendling, Ir: WEW/mew CC: Mark Stout Donald F. Foley llS23-001 650 East Carmel Drive Suite 400 Carmel, Indiana 46032 (317) 846-6514 FAX (317) 843-8097 ..: .~ reui , -'" 1-" , 0'" \ ..J~ / // // / .//. u u I I I I I I I I I I I I I I I I I I I I I < ""'- . "- " V' '\ \, '\ '. \ \ ' '. \ \ y ,/\ /' , // 1 I i i : i I , : I I ' : I I ' I I i j I I , I I I : I I ' : I I I I I i i : i I , : I I ' : I I I , I i I , , I I I , I I I I I I J I I , ..-' - , \ \ i~ ~ u ..-..-..-(7 ~~ ~~ I~ ! ~:: :Jf ! g~ 2. '" --..-- ---- ...,-, ____________.!Iin.9_ --------- -------- r--------- I , ________L_ I I , II , I , I , II I I I I , II , I , I , I , II ---l I , ___ II ,..... I '-...,....., I , ,I .......... -"""",;v , v ---- "'"" -........ "- - ' ,.... --........................., " " ',', '\ \ , " '\ ".. \ \ " '\ \ , \ " \ '. \ \ \ \ ' ., ____. I I \ \ \--;~-------n )' ,: ..J"!. I , 0""; ..UI -co ...", 0'" ..IN ... ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ " ,/ ,/ ..: "ui ..'" "'co --gO!. !!! ..: ~ui -'" ..." 0- ..IN '" ; ..: ~vi ...'" I g::g :1 . .: ,..., !!l 09 l - .. T . ..-. :I__h________~ ~ s.; 1'30l co"; .= [;...- .. ~ I ~:: \- ------- . 0::: ", -,,,,,, \ ..J..: .,/ ,,.p}1 ',", -- .,' /...--...... ", \ ... I/'~ ~,...UI r-------- "' \ . 0;; 101 , _____ I I ' \..J :e \ I . \'1 \ ~ " ~ III Ll ''Ii I I I : ~ g tr=-='" J I I g~ i: i I ,---. i ' //~l l ~i .~ ~ r (s. ~II .:!W I~ I - , _ _ _ _ _ _ zl5 ';I : I I i · !~ : ! I T' ~ I nUl z~ I!!! " 0'" '" : g~ ~ ,ii I -""> ~ I l ~ Q ,I! :; . > \ I I \ I I \ L___ , .",.-- - - - I { , , - , , , \ , i ,,--------- 1 i ~~ r : \ ' : \ ,~------- I , \ \ ----~ \ \.. ~i r <[ - . o~ o S ,.. ,. \. . ~ rO -- .-1. u 3172610200j Nov-1R-01 16:47j U Page 1 Sent By: Foley & Pool, LLPj FOLEY & POOL, LLP ATTORNEYS AND COUNSELORS OF LAW 300 MAROTT CENTER 342 MASSACHUSETTS AVENUE INDIANAPOUS, INDIANA 46204-2132 (317) 261-0900 FAX: (317) 261-0200 DONALD F. FOLEY DOUGLAS W. POOL JOHN L STEWART JENNIFER S. MILLIGAN GARYJ.MEYER GOVERNMENTAL AFFAIRS lIAISON OF COUNSel: TONY H. ABBOTT MARY S. UHLER MARY R. SCHROEDER PARAlEGAl FACSIMILE TRANSMITTAL SHEET roG::::~~ Co......lsslen DATE: November 19,2001 fi~ .At ~'6.~ ~ '\/ REC~ ,(' :, NO,! clVED \-~:\ DO~ 20.11 t1 FACSJMILE NO. 571-2426 FROM: Donald F. Foley Re: HueI Den Pood Oe"elopmeuClLake Forest SubdlvtsloDl Brookfield SubdivUiioD Doeket No. 51-01 PP File No.: 4559 2.. Page(s) to follow THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE 18 ATTOMEY PRIVILEGED AJ'liD CONFIDENTIAL INFORMATION INT1tNDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAM'.D ABOVE. IF THE READER OF TillS MESSAGE IS NOT THE INTENDED RECIPIENT, yOU ARE HEREBY NOTD'IIID THAT ANY DISSEMINATION, DISTRIBUTiON OR COPY OF TBIS COMMUNICATION IS STRICTLY PROHlBlTED.1Jl' YOU HAVE RECEiVED 11US COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIfY US BY TELEPHONE, AND RETURN 1'10: OBIGINAL MESSAGE TO US AT THE ABOVE ADDRESS ViA. TIUC U.s. POSTAL SERVICE. THANK YOU. Fax Completion: Sent By: Foley & Pool, LLPj u 3172610200j . Nov -1 U. 1 6: 47 j '. Page 2/3 ;":' .~()~Y.&"POOL,'W '.. A1to~.1lIld Ccn.elor. of La;". .:.:.. .:i....:....~.,~~,~. . WNALU:P. POUiP . '~."":~ JUHrU..'S'mI"AaT . . ~s.~. . GAtl.T J. aaiYIla: '. c-.n~Ni.mrrAJ. A~"I1t~ U4J.S!)N .'Of'~ . 'roNY If. AIIIlOtt . IilAaY5, tlHIBl MAaYlL~ p~' . . . . . . ~~"..-'-.. . .,. ~h':Y>--t:~l::' .... \":/. . 'y... ":L r;vY. It. :t. .: . ~. '. 'illJy.'tCf/i/L" j , . jn .r,~ y....., ' V /'"1 '~v" "[jAr, '. ~ \ ~f.. .," , ......u.. ___ . '. Novem:ber19~ 200'1 ., . . . :.Vit\PACSlMILt. 571-Z426 . . ....Miehael HoiH~ 'D~oJ' ". JonC. Dobosiewicz '. . 'DepartDieJit Ofeonnnunity Services ," .'. City'ofCarmei. '. ." . Otie 'Civic S~. , . Carmel, Inqiaim.46032.' '. . . ,. .' '. h: ". H..iDeU"PODd'De\YelopiD~D~e..For~fS_C~II/'''.: . ., ". 8rookftekt S~bc1iflsIoD .' ..Docket No:' 52-01- PP . , . " ", .," . Gentlemen: ' .. . . ,.' .'Thi~ lener .is ,in .resPoDSe'tO.'8til"Weiid1ing's.1etter ,on. 'behalf of. Mort, 'stout. . , De~et(lp1nenft. Inc'. requestiilgthat the 'above matter be tabled at the N~v.beJ: 20; '2901 ' . ':p~~ cQ~ssio~' Meetina- 'J:he Reinonmators have"~ objection to this inatter. being'" .' . fabled., However, they do .'object tu i~ 'being ire-schedUled for ~'.Deceri1bCr '4th Su~ . . DiVision CQ~ee .MOetitlg~ in that. oounsel,.'fot.'ttie' Remoi18ti-at:c:Q receiVed'veibaJ,' . notice'on November 1S, 2001 that thete'WQUld be a request.to table this.iaatter,.dueto the. ..:'. d.eve16per'c.~g'~, .proposal for :~lc;tplrient. No. ~1s 'of' the ,~~"were . .Pro~de(t .Mr; Wendling Was not able t'Q iIid'icate..the leligthoft.iJi:ie reqUired to prwvide. , mr:cli~arev~.Plan'... .'. . . . . .... .. . .'. '. ..' '. ~:~~o~~'.ha~e'nothad,d1c'bCneti~ot~e~'any.~sedptm.:~.. .Rem~~rs need'. the oppo_ty .'~. review ~e propOsed plan with all,.interested. .. p~es~' The ~olidayswill.delay tha(p~c~~'even ~ the RemOnstralO1l rec4mre' the. '. . 'ptc)po$~.c*ses' Within the .n~', tWo days. :'The, Reirioi1stri.d,ors reSpectfully tequest that'.. . . . this 'matter be set .o:v.er .to the January' Su~DiVision .~eetinl~ .to. 'p~vid~ tnnc,:tor' the Remonstrators.to 'evaluate. the. prOpQSa! '. and'. conclude 'any adjustmCnis, ~~~9ns,' ,etc. . . . thatmay~t.frOin such ProPosal. Pltaseno~.that.thereare~ty-three'(23) families , " .' ': '. " '.' ',. .', ," .'.' " " , : .\ '. . ,,',: ." ," , . " ,. "", , . " " JOCI ~~ .~M:A:ssAc6UUJ"l'S~YINUE. JNI)1A1W01is.~ 46i0wU2. m.:(.n7).~l_. !'AlLI.~I7)261~ , . ,. ", . ,', ," ',' ' Sent By: Foley & Pool, LLP; . 3172610200; Nov-19-01 16:47; W o . . 'FOLEY & POOL UP . . ." .. . ~ . MiciuLel Hollibaugh . Jon C. Dobosiewicz : Npvember 19,. 2()()1 Page'~ . Page 3/3 . . "~~I'-~': . . /\ \:' L I f> < /j' ~l>'<'~' ~.:~~(<:..~,,\ ~' .. \/ ',fN/ .' 1?6 1. . '-::\ "t-' . 'Mlnl' CE/II.'Ff)... 1..':\ ..J ul J - . i ' --i "9 n" -.! . ,,' . . /1'),')... -...j . ..-.;,. . . ~ ~ ..' l ! . \~ DOr'r.:: .:.'. -'i V . ," .: 'which lhe'und~iped' rCprescnul. In "addition,. it . will' .~. ~~to ~ .such: .. proposal ~th app1icabl~ neighborhood.:~wcl~tions; . . . ": . . : . . . I have contacted Mr.. Wendli'ng (by voiceniail) in regard to my .client's pOsition .on . . ~is matter.'" . ..' . .. '. :.. ". ." .' . ' . '.' Thanky~1i very much fQr:rout itterition.'~o'tbis:~r~' , lre~".' ':.' .... Slnee~Iy"yQ~~ i.. ......: . . , " " . "&DnO' L....:.LL. "p: "';':,' . <.... :'. ..' . ,C.v ,. ......." "". " ',' .:"' .. . .' ....' ',~ , .'.DFFr~... . . .' """ry . ." .. .,' , .' . ," :.', . ~e~' RemonSCDtors :.. . I.. . '. .,: '.~...: '::":':..:.'.:..'::. :.'.~=::n~P~idOnt' "::':.:'. .. . . '. . h:\4'~O\P~omiI\IadoaHl901' . . .. . ,', ' . . .. ..' , " . ,.,: .~. '..,'" " '" .., " .. ", ,,'. ".," , ., ... . ''l, ".,' ,.' .... " "..' . ,.' " . ,", . '.' " .. ' .. . . . .." , , ",' ,.., ,', , , '. ,',' . . . , ", ,.'" '. ' . , ~ " . , ." , ,......'. . . . . : '. , " .; .\ ,'. "., ",'('. .,' ',' 1,"" , . , . ." .' . '. , , ' ' I ' , . .' ' . " " ' JOHN M. KYlE JOHN D. PROFFITT ROBERT F. CAMPBELL JEFFREY S. NICKLOY DEBORAH L. FARMER WILLIAM E. WENDLING. jR. ANNE HENSLEY POINDEXTER ANDREW M. BARKER MICHAEL A. CASATI JOHN S. TERRY RODNEY T. SARKOVICS SCOTT P. WYATT AMY E. HIGDON {'I\ 0 ,~\-i'~D~' r;-.-~ ~ A\'JJ.....o~- II;} '\.\~'___ ...J'_L.~. / ~\.? ... CAMPBELL KYLE PROF~ ~~;'0~ ATTORNEYS AT LAW ~' <b ~% ;_(~i - t'n ~ FRAN~~. CAMPBELL ./- U' ~ ;(1880,1964) ~'tJi /'-. '/ FRANK W. CAMPBELL L--r-....-- :.<<: ",/ (1916.1991) . I .LiS~~ \~~/ / THOMAS D. TITSWORTH Of Counsel November 15, 2001 Via Facsimile: 571-2426 Michael Hollibaugh, Director Mr. Jon C. Dobosiewicz DEPARTMENT OF COMMUNITY SERVICES One Civic Square Carmel, IN 46032 Re: Hazel Dell Ponds at Waterstone Gentlemen: Pursuant to my telephone conversation with you, this is our formal request that the hearing on November 20,2001 be tabled and this matter be rescheduled for subdivision committee. The reason for our request is that we are going back to the engineers to reconfigure the northern boundary to eliminate the perceived double frontage issue. I have contacted Mr. Foley, the remonstrators' attorney, to tell him of this request and am sending him a copy of this letter. Sincerely, CAMPBELL KYLE PROFFITT ~/L i~t~'" ~ ~/ William E. Wendling, Jr. WEW/mew cc: Mark Stout Donald F. Foley 11523-001 650 East Carmel Drive Suite 400 Carmel, Indiana 46032 (317) 846-6514 FAX (317) 843-8097 11/15/01 TBU 15:11 FAX 3~38097 Campbell Kyle Prot~ raJOOl CAMPBELL KYLE PROFFI'IT ATTORNEYS AT LAW ,IOHN M. KYLI JOHN O. tROI'J'ITT aOBBIlT t. CAMPBelL JEFFREY s. JIItcKLO't DEJORAH L. FARMER WILLIAM E. WBNDLDlG. JR. ANN. HBNSt.By POlNDiXTIR ANDdW M. BARICIR MJCHAII. ,.. cASAn JOHN s. TiJ,RY RODNEY T. 8/lRItOVlC:S scon P. WYATT AMY 8- IUCDON FIt/lNlC S. CANPBRL (I 88O.196t) FRANK W. CAMPJlJlLL 11916-1991) FAX COVEB ~F;.I ,",OMAS D. TITSWORTH Of ClMID..1 Date: II hs 101 ~TTI:->~, L\ \-J.-.~~-____, " -;y . ~ ",' ::t RECEIVED -1 NOV 15 1l{:,;1 ~~\' (..,... 1--1 <::\ DOCS r:-j Should you np.riDlce aIfY problem In receipt oftMS' POIlU, pkm. CO \''''', ~ /df;i t4l. ~~'''~'1- \ \./ / /L4.A..~1 (JS soon as possIble at (317) 846-6514. Thank)1Oit I CJ_./' COMMENTS: Original will ~i1l not - follow via U.S. Mail. ConjidenliQll/y Notice: The 11IQleriols enclosed with lhlsj'ax rrmumfsJlo1l (Jre private dn.d cotifldential dn.d are the propeny o/the sender. The irifornuulon contained 111 this maleriaJ is prtvUeged and is wended 01lly for rhe use of the indMduaJ(s) or e1lrity(ie~) n.amed above. Uyou are 1101 the intended recipEe"" be aJhised rhtJt arry unauthorized disclosure, copying, distribution or tM taking of any action In reUance 011 the cOn/e~ ofthlJ telecopled itiformiuton is strictly prohibited. If you have recetwd thlsfax, rransmisslon in emJr. please immediately lIolf1Y rhis firm by telephone In order to arrange for the retum of tM docUl1U!nts to us. 650 East CarlIle! Drive Suite 400 CatmeJ.IndiaDa46032 (317) 846-6514 FAX. (317) 843-8097 --________u_____________ -------u________L__~ _ ______ ~____ 11/15/01 THU 15:12 FAX 3~38097 Campbell KYle prote::; I4J 002 CAMPBELL KYLE PROFFI'IT ATTORNEYS AT LAW n"1'It( s. CAMPBELL (1880-1'64) JOHN M. KYLE JOHN D. PROFFITT ROBERT F. CAMPBELL Jllflf:R.llY S. NICKlOY DEtiOllA.H L. PA.RMIlR WILLIAM E. WENDLING, JR. ANNE HENSLEY POINDEXTER ANDIlEW M. BARKEft MICHAEL A. CASATI JOHN S. TERRY RODNiY T. SARKOVJCS SCOTT P. WYATT AMY E. HIODON PRANK W. CAMPBELL (111\6-1991) THOMAS D. mSWORTH Of COIIna1l1 November 15. 2001 Vza Facsimile: 571-2426 \ Cfl--;-:~ \ \ ~_.---L.I '. / ' ~.~ /~ --~,/',. ,y/ .A :'( "-./ T \ .~1 RECEIVED . ,t~ NOV 15 2001_, \c:\\ DOCS / '. . i ' '\-::\ ," ,J", /, / '<(. ^ .4';"- ' / )~~ ~. /\ (,:J / ,r: 1"/ -'-"- \ '\ ,~ '.~_v Michael Hollibaugh, Direotor Mr. Jon C. Dobosiewicz DEPARTMENT OF COMMUNITY SERVICES One Civic Square Carmel, IN 46032 Re: Hazel Dell Ponds at Waterstone Gentlemen: Pursuant to my telephone conversation with you, this is our formal req\lest that the hearing on November 20. 2001 be tabled and this matter be rescheduled fOf subdivision committee. The reason Cor our request is that we are going back to the engineers to reconfigure the northern boundary to eliminate the perceived double frontage issue. I have contacted Mr. Foley, the remonstrators' attorney, to ten him of this request and am sending him a copy oftbis letter. Sincerely. CAMPBEIL KYLE PROFFTfT =. U WilliamE. Wendlin& Jr. WSW/mew co: Mark Stout Donald F. Foley 11:523.00 1 650 East Carmel Drive Suite 400 Carmel, IDdiana 46032 (317) 846-6514 PAX (317) 843-8097 _____________ ____________ --______1 YARGER. ENGJNmRINGe ",-,,"..""-_'- '-,.- 8pfJinJizing In ThIJ}it Enginming ~ (.) 1 Cor. 10:31 ... whoJaJer you do, do it all for the gImy of God. Mr. Ron Houck Carmel Planning Commission 1 Civic Square Carmel, Indiana 46032 October 25, 2001 Re: Hazel Dell Pond at Waterstone Subdivision For Brookfield and Lake Forest Subdivisions Carmel, Indiana Yarger Engineering Job Number: 20011001 Dear Mr. Houck, I have reviewed the subdivision layout for Hazel Dell Pond at Waterstone Subdivision. The adjoining lots to the north of Canyon Creek Run would be double frontage lots with their main frontage on Springerbrooke Run. As stated in the Carmel/Clay Subdivision Control Ordinance 6.5.3, "Double frontage lots (though lots) shall not be platted, except that where required along an arterial street, parkway, or collector, the principal structure shall face such thoroughfare." At the beginning of the same chapter, section 6.1.3 states, "The subdivision layout shall be designed in accordance with the principles and standards contained in this Ordinance with the objective of achieving the most advantageous development of the subdivision and adjoining areas." In my opinion, this means that adjoining lots along Springerbrooke Run and Lake Point Drive must be considered in the design process. Subdivision Control Ordinance Definitions states, "Thoroughfare Plan, A part of the Comprehensive Plan of Carmel that sets forth the locations, alignment, dimensions, identification and classification of existing and proposed streets, highways and other thoroughfares." The Carmel/Clay Thoroughfare Plan, dated October 1, 2001 does not shows an arterial, parkway or collector in the location of Canyon Creek Run. In my opinion, constructing Canyon Creek Run as shown would make the lots immediately north of Canyon Creek Run double frontage lots and would require a variance from the Carmel/Clay Subdivision Control Ordinance Standards of Design 6.5.3. /"y\ f~ -j:-r-:- ," ;(',r"'. \ J,.-.-'----l.J...!.&;:, I ",.?Y ... '" \{;~. (~j/ T \/ j lPd~mw~!t) , ~I IIlIV 6 2lI01~ ~ DOCS ~~. cf'A / !'.", '. --<i';;;~ li(t'"';;r_- _=--\ \\,,)/ lU l'Tg\ Sincerely, YARGER ENGINEERING, INC. ~+~~~ Bradley William Yarger, P.E. President Indiana Professional Engineer Registration Number 8802967 BWYlbwy 1401 AIimingo Drive Indianapolis, IN 46260-4058 Voice: 317-475-1100 Fax: 317-475-0100 '-D 32 31 30 29 28 27 26 25 24 o ~~~- ",/\ \ '0JLLU ,~ 1;' t\;,)..-- . -,~( /". "-.Y -/ /"- Y A. 'v '^'\\ " T "f;.\ O~I \---\ -1 ~~IQ) \r,:\\ e; NOV 6 2001 fj DOCS 1ft) )/:.--; ^ ' , /~~\.. , //'\~. f~-7I-T~'\ \~ (("l~ 1 "=300' Hazel Dell At W aterstone Subdivision As Proposed Carmel, Indiana Yarger Engineering, Inc. November 6, 2001 Page 1 '. O' u TIME LINE - HAZEL DELL PONDS MARCH 21, 2000 PLANNING COMMISSION MEETING TABLED DUE TO FAULTY NOTICE APRIL 18, 2000 PLANNING COMMISSION MEETING TABLED TO MAY 16TH MEETING MAY 16, 2000 PLANNING COMMISSION MEETING TABLED DUE TO FAULTY NOTIFICATION JUNE 20, 2000 PLANNING COMMISSION MEETING SENT TO SUBDIVISION COMMITTEE JULY 11TH JULY 11, 2000 SUBDIVISION COMMITTEE MEETING VOTED UNANIMOUSLY AGAINST PLAT (7-0 AGAINST) JULY 18, 2000 PLANNING COMMISSION MEETING TABLED BY PETITIONER AUGUST 15, 2000 PLANNING COMMISSION MEETING TABLED BY PETITIONER SEPTEMBER 19, 2000 PLANNING COMMISSION MEETING HAZEL DELL POND WAS ON THE AGENDA OCTOBER 17, 2000 PLANNING COMMISSION MEETING HAZEL DELL POND NOT ON THE AGENDA FILE CLOSED, VOTED TO AMMEND 6 MONTH WAITING PERIOD TO OPEN NEW FILE " .......;. u o APRIL 20, 2001 OPENED NEW FILE JULY 17, 2001 PLANNING COMMISSION MEETING TABLED UNTIL AUGUST 21ST MEETING AUGUST 21, 2001 PLANNING COMMISSION MEETING SENT TO SEPTEMBER 4TH SUBDIVISION COMMITTEE MEETING SEPTEMBER 4, 2001 SUBDIVISION MEETING CONTINUED TO OCTOBER 2ND SUBDIVISION COMMITTEE MEETING OCTOBER 2, 2001 SUBDIVISION MEETING VOTED 5-1 IN FAVOR OF PLAT OCTOBER 3, 2001 HOMEOWNERS OF BROOKFIELD AND LAKE FOREST SUBDIVISIONS HIRE LEGAL COUNCIL OCTOBER 16, 2001 PLANNING COMMISSION MEETING COMMISSION VOTES 8-2 TO SEND BACK TO NOVEMBER 6TH SUBDIVISION MEETING ~ r-- , r----- i I ,---- I I ~_. .r~ . c. -,.., TT'/i:iL Ift/e> I ~ H~~~ .t)~~ ~~~,.-- . 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A::>T Ir..... ! I ~-~~ti~ I . , f, l.' ~ " i " -- '1 ; -~~ . , ' 11 " ; ..... \ .. El~T Q\J~ -. ~t/H IJ '~rLND~aQ.Cl6LR: ~- t)Jl ---. --.,' ~1>r ~\JIQ~ 3._~I1~ 1""frtJr I .. - , . 'I...... , -- . .1, ~\fh..)A- : .. - ! I. Q"~:'d~ 1, ~-~ W.M.Pa: ~O W~ - -- I ~ os,- _~T _$AY , IT: I I 'vJE vI~ ~T t....~ .- - ~ ._----- .. I JV\~U.I,..>~ : - 1._~6--'!n-L 1 JJTh ~J..).!,-~~ ~i2tv..) '- ~"~_61E__6_~ z>L """~O~"T_~o_r_'Fo1t ME:-n________ I -- .s:A~ J.-'hOE.S rr ~,",,9t..Y r _ I I ----------- --. ---...""-'---- ------- -'-.--- "'t~: I\.tc:n>o..J -----4- - 1l) PL..-Ao' Q,"" ~~/_~_~_W _~~_~..~ i '~.o ~I ~ ~ 3/.:3__ /'vo']!6V "L7tJ'--S ...--- , ti- ~~ "'-~ ~~ ~ ~~------- 6--:P- .. ----- ---. ... - ~;. CITY OF CARMEL &: CLAY TOWNSHIP ZONING ORDINANCE LANDSCAPING. The improvement of a Lot with grass and mounding, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flowerbeds, retention ponds, ornamental objects such as fountains, statues and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect. LIVESTOCK. Animals and especially farm animals, raised for use, profit or enjoyment including horses, ponies, cattle, sheep, goats and other similar domesticated animals. LOT. A portion of a Subdivision or other parcel of land intended as a unit for transfer of ownership or development and having its principal frontage on a street. LOT, CORNER. A Lot at the junction of, and having frontage on, two or more intersecting streets. LOT, DEPTH OF. The mean horizontal distance between the Front Lot Line and the Rear Lot Line, measured in the general direction of the Side Lot Lines. * LOT, DOUBLE FRONT AGE. A Lot fronting on two non-intersecting streets. LOT, IMPROVED. A Lot fronting on an improved or partial street that is open for public use. LOT, INTERIOR. A Lot other than a comer lot or through lot. LOT, REVERSED INTERIOR. A Lot, other than a comer lot, which has frontage on a street perpendicular to, or at an angle with, the frontage street of the adjacent Lots. LOT, THROUGH. A Lot having frontage on two parallel or approximately parallel streets. LOT COVERAGE. The percentage of the lot area covered by the building area. LOT COVERAGE, MAXIMUM. The entire Lot or parcel which can be developed (buildings, principal or accessory; storage areas; parking lots and other accessory uses). LOT GROUND LEVEL. For buildings having walls adjoining one street only, the elevation of the sidewalk or the established grade of the street at the Front Lot Line at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, the average of the elevation of the sidewalk or the established grade at the center of the walls adjoining the streets, and, for buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five (5) feet from a street is to be considered as adjoining the street. LOT LINE, FRONT. In the case of an interior lot, a line separating the Lot from the right-of-way of the street and, in the case of a comer lot, a line separating the narrowest frontage of the Lot from the street, except in cases where deed restrictions in effect specify another street right-of-way line as the Front Lot Line. LOT LINE, REAR. A lot line which is opposite and most distant from the Front Lot Line and, in the case of an irregular or triangular-shaped Lot, a line ten (10) feet in length within the Lot, parallel to and at the maximum distance from the Front Lot Line. LOT LINE, SIDE. Any lot boundary line not a Front Lot Line or a Rear Lot Line. LOT LINE, ZERO. The placement of a dwelling unit on an individual Lot in which one or more of the walls of the dwelling unit are at one or more of the lot lines. Chapter 3: Definitions 3-12 as amended per Z-320; Z-339; Z-340; Z-345 o Subdivision Regulations convenient access to schools, playgrounds, shopping centers and other community facilities. 6.4.2 Blocks shall be of sufficient width to permit two tiers of lots of appropriate ffi depth, except where an interior street parallels a Limited Access Highway, an Arterial Street or a Railroad Right-of-Way. 6.5 Lots 6.5.1 A1llots shall abut and have access to a street; said lots each having a minimum frontage at the street right-of-way of 50 feet. The required lot width cited in the Zoning Ordinance shall be at the building setback line. 6.5.2 Sidelines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots should be avoided. 6.5.3 Double frontage lots sho.Yld not be platted, except that where desired along Arterial Streets, lots may face on an interior street and back on such thoroughfares. In that event a planting strip easement, at least 20 feet in width, shall be provided along the back of the lot. "" 6.5.4 Widths and areas oflots shall be not less than that provided in the Zoning Ordinance for single-family dwellings for the district in which the subdivision is located, except that when a watennain supply system or a sanitary sewer or stonn sewer are not available the lot area necessary to install a private water supply or private sewage disposal on the lot in accordance with the Zoning Ordinance regulations shall become the required minimum lot area. 0'."'.1.. '. . '. 6.5.5 Corner residential lots shall be wider and larger than interior lots in order to permit appropriate building setbacks from both streets. 6.5.6 Wherever possible, planned and coordinated commercial and industrial complexes, based upon sound development standards, such as those contained in the planned district (B-4 and 1-2) regulations in the Zoning Ordinance, should be designed in contrast to the platting oflots for individual commercial and industrial uses. 6.6 Easements 6.6.1 Where alleys are not provided, easements for utilities shall be provided. Such easements shall have minimum widths of20 feet and where located along lot lines, one-half of the width shall be taken from each lot. ,Lots on the outside perimeter of a subdivision, where lots do not abut another subdivision, shall provide an easement 15 feet in width. Before determining the location of easements the plan shall be discussed with the local public utility companies to assure their proper placing for the installation of such services. 6.6;2 Where a proposed subdivision is traversed by any stream, water course, or drainageway, the subdivider shall make adequate provision for the proper drainage of surface water, including the provision of easements along such streams, water courses, and ( }- ~..~ 35 ~' i \ U) u " City of Carmel CARMEL/CLAY PLAN COMMISSION MEMORANDUM Date: November 1, 2001 To: Plan Commission Members From: Jon C. Dobosiewicz Department of Community Services Re: November 6, 2001 Plan Commission Committee meetings SPECIAL STUDIES COMMITTEE: Item number seven (7) has been removed from the agenda. SUBDIVISION COMMITTEE: Item 1: Hazel Dell Pond; Primary Plat Mr. Donald Foley, attorney for several surrounding neighbors for the subject property (proposed Hazel Dell Pond) has submitted a letter dated October 30, 2001 for distribution to the Subdivision Committee members as requested (please see the attached copy). The applicant has submitted no additional information (none was requested by the Plan Commission). The Plan Commission had directed Mr. Foley to provide evidence in writing for the Subdivision Committee to review one week in advance of the meeting date. The letter prepared by Mr. Foley is predicated on the presumption that the proposed subdivision would create double frontage lots (through lots) and thus require approval ofa Subdivision Waiver to allow the approval of the primary plat. This is not the case based on the application of the Subdivision Control Ordinance by the Department, previous review by the Subdivision Committee, and also the position of the Commission's attorney supporting the determination of the Department. The Department will readdress this topic at the Subdivision Committee meeting Tuesday evening and reconfirm that the proposed primary plat complies with Section 6.5.3 of the Subdivision Control Ordinance. Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 r\ \,...../ __L_ _ __,_,________ . ' CD' Q FOLEY & POOL, LLP Attorneys and Counselors of Law DONALD P. FOLJ!YO DOUGLAS W. POOL ]OHN L STEWART" JENNIFER S. MILLIGAN GARY]. MEYER, GOVERNMl!NTAL AFPAlRS IlAISON OF COUNSEL: TONY II. ABBOTT MAllY S. UHLER. MAllYL SCHROEDER PARALEGAL "RegistcRd ClviI MedIator October 30, 2001 VIA HAND DELIVERY Ron Houck, Chairman , Kent Broach, Madeline Fitzgerald, Wayne Raney, Dianna Knoll, NotrnaMe~ghen,'John Sharpe' subdivisi()n Cominittee, , Carmel/Clay Plan Commission Carmel City. Hall One CivicSquate Carmel, Indiana 46032 Re: Docket #5:i~Ol:PP Hazel DellPond Subdivision Mark Stout Developm~nt, Inc.' and 'Lake Forest and Brookfield Subdivisions IR'll> .~.\ ,~__L_'~,_! ,I .:7" '\,;t.,1.'",--. ,...............',.,;~ I> '-:-/ y/ ~ '<""<. <2 v"'" \",) \, 'I '" .,"':" ] RECE\VED \:~ jto.:{! 'OCT. ~O 2001 I~J ~. _'I~tJ ~/\ ,. /, Y \(~>: '~>. .<;<~t?LID_:n::~:9"/ . ,.DeE!X Chairman Houck. and Ladies and Gentlemen: Per the...request made at,~e October 16th Plan Commission meeting, lIlY> clients will , present eyid~nce and legal authorities in the ~eas set forth below:' . 1. Mark Stout Developme,nt is required by law. to me for a waiver or variance froDl Carmel Dou'ble Frontage Lot . Ordinance 6.5.3. . . . . - . "Double frontage lots. (through lots) shall not be platted, except that where required along an arterial street, parkway,' or collector,: the : principal structure shall' face such thoroughfares. In that event a non.. acces~ easement, at least twenty (20) feet in width, shall be provided along the front of the lot." . Emphasis added. ' . . The Subdivision Committee cannot legally approve the Hazel Dell Pond Plat, as presented, because it places, a roadway parallel' to the back yards of homes in the Brookfield Subdivision, which residences front Springerbrooke Run. Neither 300 MAROTI CENTER. 342 MASSACHUSETrS AVENUE . INDIANAPOllS, INDIANA 46204-2132 . TEL: (317) 261-0900 . FAX: (317) 261-0200 ('-., "J CD 0 FOLEY & POOL, LLP Subdivision Committee Carmel/Clay Plan Commission October 30,2001 Page' 20f 5 Springerbrooke Run nor the proposed Canyon Creek Run are arterial, parkway or collector streets,. as required by the Ordinance in order to qualify' for approval of the proposed Subdivision. Mark Stout Development Inc. has not made a request for such a waiver. Indeed; if Petitioner should petition for a waiver from 6.5.3, Indiana law does not support approval of the propos~d development. . Remonstrators will"present the' testimony of Bradley William Yarger, P.E., a. ' Traffic Engineer; It is Mr. Yarger's opinion that the proposed Subdivision development violates the DoubleProntage LO,t Ordinance 65.3. Additionally suchan approval would be in' conflict with Carmel's policy for R-2 Subdivision development, as set, forth in 'Ordimmce6.1.3:' . "The subdivision laYQut shall'be designed, ,in accordance, with the principles andstaOdards contained in this Ordinance with the objective of ' " achieving the most ~dvantageoW! development of the subdivi,sion and the' adjoining areas." Emphasis added. the Thoroughfare Plan does not show Springerbrook.e Run as ~ arterial, parkway or , . collector street. ,. '. ,. 2. The, subdivision plat should be denied because there are several lots included ,within the platwhicb contain less than the minimum required lot width. Mr. Yarger will present evidence that several lots contain le:?s .than minimum widths.' . 3. Petitioner Mark Stout Development has the burden to prove thre,e statutory prerequisites. , . Indiana code 36-1-4-91S.5provides the statutory prerequisites for approval of a waiver or variance. Petitioner must present evidence supporting each requirement for a waiver "such that no reasonable man could fail to accept that prerequisite as proved." See Metropolitan Board of Zoning Appeals v. McDonal~ Carporation, 481 N .E.2d 141, 145 (1985), Mark Stout Development has not and cannot meet its burden of proof. ' However, given the directives of the Commission, Remonstrators will move forward with evidence affirmatively showing that the proposed development is contrary () CD 0 FOLEY & POOL, LLP Su~division Committee CarmeUClay Plan Commission October 30, 2001 Page 3 ofS to law. The statutory prerequisites and Remonstrators' additional evidence and authorities are summarized below; It is incumbent upon the Commission to make the following findings in order for this Petition to be' approved, provided Petitioner has petitioned fora waiver from the Double Frontage Lo~ Ordinance. , ' ,(1) . the approval will not be injurious to the health, safety, morals, and general welfare of the community. . . , Double Frontage Lots are against the policy of the City of Carmel. As noted on October 16th, Carmel has the policy that'''alleys sha11be discouraged in residential districts..;. "(6.3 .8) The impact of double frontage lots is far more intrusive and obstructive thanthe impact pf alleysina subdivision. . . ' . . ' Double Frontage Lots violate two specific ordin,ances (6.5.3 and ,6.3.8) as well as the gerteral policY. ordinance (6.1.3). The prohibition against Double Frontage Lots w~ codified by the CityofCartnel due to the fact, we submit, that suchdevelopments'are "injurious to the public health safety.. . and general welfare of the Community.'" . (2) the use and value of the area adjacent to the p.roperty included in the . variance will not be affected in a substantially adverse manner. Stephen L. Cobb, ~n M.A.!. appraiser, will present evidence that' the proposed Double Frontage Hazel Dell Pond Subdivision will result in reduced . market values for the properties in the area adjacent to the double frontage development. . (3) the strict application of the terms of the zoning ordmance will result in practical difficulties, in the use of the property. Petitioner must present evidence that each statutory prerequisite is proved as a matter of law. Petitioner cannot meet this requirement ~-that the strict " application of the ordinance will result in practical difficulties -- because Petitioner had full knowledge of the. local topography and the zoning requirements of the subject property when it was purchased. Petitioner has been in the development business for several years. If the "injuries" or "practical difficulties" are self-created or self-imposed, the third requirement is not met. See () o 0 FOLEY & POOL, LLP Subdivision Committee CarmellClayPlan Commission October 30, 2001 Page 4 of5 McDonalds, supra, . and Reinking v. Metropolitian Board of Zoning Appeals of Marion. County, 671 N.E.2d 137 (1996). JnReinking the MBZA denied the variance because Petitioner's hardship was a self-imposedblirden. A. person Who agreed to purchase land with knowledge of the zoning requirements cannot claim undue hardship from a condition he created. The Court of . Appeals in Reinking found that the denial of the variance was orderly, judiCious, and fundamentally fair. The Appeals Court affirmed MBZAonthe -. grounds that the Petitioner had not met its burden to prove the first statutory requirement. 4~ The Subdivision Committee is charged-bylaw With interpreting the existiJ,lg Carmel Ordinances in the same manner Indiana Courts - interpret State Statutes. _ The case of Boyle v. KosciuskoCounty, 565 N.E.2d 1157 (1991) provides to gove~ental entities such as this Subdivision Committee legal guidance for the in~erpretation of or din ances atpage 1159: "When interpreting an ordinance, this court will apply the. same rules as . those.employed for the -construction of state, statutes; [citation omitted] . Foremost among those ru1es is. the directive to. ascertain and give effect to - the intent of the legislature. [citation oritted] Indisperisable to this effort is a consideration ofth~ goals sought to be achieved.and the. reasons and policies underlying the statute, requiring a view of the s~tute within. the _' context of the entire act, rather than in isolation. A legislative enactment cannot be - presumed to be applied in an illogical or _absurd manner, inconsistent with it underlying goals." - The court in Boyle was reviewing the denial of a variance involving the construction of a dec;k, retaining wall, storage facility and stairs on a lake lot, put in place before a variance waS requested. The Court of Appeals affirmed the BZA's denial ofa variance and in doing so noted at page 1159: "Furthermore, given the policy underlying the Ordinance, which is to - preserve the quality of residing in a. serene lakeside. environment, ..the. intent of the drafters was to ensure that large, inelegant objects such as. satellite dishes do not spoil the landscape." (1 ,j CD W FOLEY & POOL, LLP Subdivision Committee Carmel/Clay Plan Commission October 30, 2001 Page 5 of5 The position of the Petitioner, and apparently the City, is that what a single developer could not do legally, two separate developers can legally accomplish. Remonstrators respectfully submit that this development will create double frontage -lots for homes in, the Brookfield Subdivision, which is not supported by the law or the evidence. The, Double - Frontage Lot Ordinance (6.5.3) ,does not make the approval oftlrls typ~ of -subdivision-development discretionary; the language is mandatory: "s~all not". - The RemOllsrrators'respectfully submit that-this subdivision plat_ and the requested _ variance must be denied. Thank you for your consideration of this matter. Very truly y.ours,' FOLEY & POOL, LLP ~.9..~/~ DonaldF. Foh~y _, .' , DFF/cpp cc: WilliainE. Wendling, jr. Jon Dobbsiewicz Remonstrators h:\4SS9\Committee2 Ltr /~ " u " . '~ " ,,\ , (J) u CITY OF CARMEL Department of Community Scntices One CMc Square Carmel, IN <<032 (317) 571-2417 Fax: (317) 571-24'26 ,Fax Phane: From: ~~'--.~ Pages: ~ Date: \, - f:::) \ - ~ \' Ta: ~ \\....1-..- ~ ~ Cba-' ~ <....D Fax: ~L\~. ~ oq') Re: ~~~ ~~ ~Y'I"\'''''''''' CCI .~....~,. '"V-, ~ c:. ... , Cl Urgent Cl Fa!" Review Cl p.Jease Comment t:J Please Reply [J Please Recycle ~ ~\- ~ -::. CE; ~..,.. : \\ ~,-E;-L-~~ ~~O~~ 5 ~-a , ~~ c: ; 1",. _ .. -'.., , v C) FOLEY & POOL, LLP Attorneys and Counselors of Law DONAlD F. FOLEY" DOUGLAS W. POOL JOHN L. STEWART" JENNIFER S. MllllGAN GARYJ. MEYER GOVERNMENTAL AFFAIRS llAISON OF COUNSFJ..: TONY H. ABBOTT MARY S. UHLER MARY R. SCHROFDER PARALEGAL "Regist=d Civil Mediator October 30,2001 VIA HAND DELIVERY Ron Houck, Chairman Kent Broach, Madeline Fitzgerald, Wayne Haney, Dianna Knoll, Norma Meighen, John Sharpe Subdivision Committee Carmel/Clay Plan Commission Carmel City Hall One Civic Square Carmel, Indiana 46032 Re: Docket #52-01PP Hazel Dell Pond Subdivision Mark Stout Development, Inc..and Lake Forest and Brookfield Subdivisiolls Dear Chairman Houck and Ladies and Gentlemen: Per the request made at. the October 16th Plan COlJimission meeting, my clients will present evidence and legal authorities in the areas set forth below: 1. Mark Stout Development is required by law to file for a waiver or variance from Carmel Double Frontage Lot Ordinance 6.5.3. "Double frontage lots.(through lots) sh'all not be platted, except that where required along an arterial street, parkway, or collector, the . . principal structure shall face such thoroughfares. In that event a non- access easement, at least twenty (20) feet in width, shall be provided along the front of the lot." Emphasis added. The Subdivision Committee cannot legally approve the Hazel Dell Pond Plat, as presented, because it places a roadway parallel to the back yards of homes in the Brookfield Subdivision, which residences front Springerbrooke Run. Neither 300 MAROlT CENTER. 342 MASSACHUSETIS AVENUE. INDIANAPOUS, INDIANA 46204-2132 . TEL: (317) 261.()900 . FAX: (317) 261.()200 /j Q.) Q FOLEY & POOL, LLP Subdivision Committee Carmel/Clay Plan Commission October 30, 2001 Page 2 of5 Springerbrooke Run nor the proposed Canyon Creek Run are arterial, parkway or collector streets,. as required by the Ordinance in order to qualify. for approval of the proposed Subdivision. Mark Stout Development Inc. has not made a request for such a waiver. Indeed; if Petitioner should petition for a waiver from 6.5.3, Indiana law does not support approval of the proposed development. Remonstrators will .present the testimony of Bradley William Yarger, P.E., a. Traffic Engineer; It is Mr..Yarger's opinion that the proposed Subdivision development violates the Double Frontage Lot Ordinance 65.3. Additionally suchan approval would be in conflict with Carmel's policy for R-2 Subdivision development, as setforth in Ordinance.6.1.3: "The subdivision lay<>ut shall. be designed. in accordance with the principles and standards contained in this Ordinance with the objective of achieving the most advantageous development of the subdivision and the adjoining areas." Emphasis added. The Thoroughfare Plan does not show Springerbrooke Run as an arterial, parkway or collector street. 2. The subdivision plat should be denied because there are several lots included within the plat which contain less than the minimum required lot width. 3. Petitioner Mark Stout Development has the burden to prove three statutory prerequisites. Indiana code 36-,1-4-918.5 provides the statutory prerequisites for approval of a waiver or variance. Petitioner must present evidence supporting each requirement for a waiver "such that no reasonable man could fail to accept that prerequisite as proved." See Metropolitan Board o/Zoning Appeals v. McDonalds Corporation, 481 N.E.2d 141, 145 (1985). Mark Stout Development has not and cannot meet its burden of proof. However, given the directives of the Commission, Remonstrators will move forward. with evidence affirmatively showing that the proposed development is contrary 'l) Q FOLEY & POOL, LLP Subdivision Committee Carmel/Clay Plan Commission October 30, 2001 Page 3 of5 to law. The statutory prerequisites and Remonstrators' additional evidence and authorities are summarized below. It is incumbent upon the Commission to make the following findings in order for this Petition to be approved, provided Petitioner has petitioned fora waiver from the Double Frontage Lot Ordinance. (1) the approval will not be injurious to the health, safety, morals, and general welfare of the community. Double Frontage Lots are against the policy of the City of Carmel. As noted on October 16th, Carmel has the policy that "alleys shall be discouraged in residential districts...."(6.3.8) The impact of double frontage lots is far more intrusive and obstructive than the. impact of alleys in a subdivision. Double Frontage Lots violate two specific ordinances (6.5.3 and 6.3.8) as well as the general policy ordinance (6.1.3). The prohibition against Double Frontage Lots w~ codified by the City of Carmel due to the fact, we submit, that such developments are "injurious to the public health safety...and general welfare of the Community." (2) the use and value of the area adjacent to the property. included in the variance will not be affected in a substantially adverse manner. Stephen L. Cobb, an M.A.!. appraiser, will present evidence that the proposed Double Frontage Hazel Dell Pond Subdivision will result in reduced market values for the properties in the area adjacent to the double frontage . development. . (3) the strict application of the terms of the zoning ordinance will result in practical difticultiesin the use of the property. Petitioner must ptesentevidence that each statutory prerequisite is proved as a matter of law. Petitioner cannot meet this requirement ..,-that the strict application of the ordinance will result in practical difficulties -- because Petitioner had full knowledge of the. local topography and the zoning requirements of the subject property when it was purchased. Petitioner has been in the development business for several years. If the "injuries" or "practical difficulties" are self-created or self-imposed, the third requirement is not met. See , '" , o Q FOLEY & POOL, LLP Subdivision Committee Carmel/Clay Plan Commission October 30, 2001 Page 4 of5 McDonalds, supra, and Reinking v. Metropolitian Board of Zoning Appeals of Marion County, 671 N.E.2d 137 (1996). In Reinking the MBZA denied the variance because Petitioner's hardship was a self-imposed burden. A person who agreed to purchase land with knowledge of the zoning requirements cannot claim undue hardship from a condition he created. The Court of . Appeals in Reinking found that the denial of the variance was orderly, judicious, and fundamentally fair. The Appeals Court affirmed MBZA on the '. grounds that the Petitioner had not met its burden to prove the first statutory requirement. 4. The SubdivisionComQ1ittee is charged. by law with interpreting the existing Carmel Ordinances in the same manner Indiana Courts interpret State Statutes. The case of Boyle v. Kosciusko County, 565 N.E.2d 1157 (1991) provides to govell)lIlental entities such as this Subdivision Committee legal guidance for the interpretation of ordinances atpage 1159: "When interpreting an ordinance, this court will apply the same rules as , those . employed for the construction of state. statutes. [citation omitted] Foremost among those rules is the directive to ascertain and give effect to the intent of the legislature. [citation. omitted] Indispensable to this effort is a consideration of the goals sought to be achieved. and the reasons and policies underlying the statute, requiring a view of the. statute within' the context of the entire act, rather than in isolation. A legislative enactment cannot be presumed to be applied in an illogical or absurd manner, inconsistent with it underlying goals." The court in Boyle was reviewing the denial of a variance involving the construction of a deck, retaining wall, storage facility and stairs on a lake lot,' put in place before a variance was requested. The Court of Appeals affirmed 'the BZA' s denial ofa variance and in doing so noted at page 1159: "Furthermore, given the policy underlying the Ordinance, which is to preserve the quality of residing in a serene lakeside environment, .the intent of the drafters was to ensure that large, inelegant objects such as satellite dishes do not spoil the landscape." . .' Q.) 0 FOLEY & POOL, LLP Subdivision Committee Carmel/Clay Plan Commission October 30, 2001 Page 5 of5 .. The position of the Petitioner, and apparently the City, is that what a single developer could not do legally, two separate developers can legally accomplish. Remonstrators respectfully submit that this development will create double frontage lots for homes in . the Brookfield Subdivision, which is not supported by the law or the evidence. The Double Frontage Lot Ordinance (6.5.3) does not make the approval of this typ~ of subdivision development discretionary; the language is mandatory: "shall not". The Remonstrators respectfully submit that this subdivision plat and the requested variance must be denied. Thank you for your consideration of this matter. Very truly yours, . FOLEY & POOL, LLP ~ .9.~I~ Donald F. Foley DFF/cpp cc: WilliamE. Wendling, jr. Jon Dooosiewicz Remonstrators h:\4559\Committee2 Ltr ~ .. '. v Q City of Carmel CARMEL/CLAY PLAN COMMISSION MEMORANDUM Date: November 1, 2001 To: Plan Commission Members From: Jon C. Dobosiewicz Department of Community Services Re: November 6,2001 Plan Commission Committee meetings SPECIAL STUDIES COMMITTEE: Item number seven (7) has been removed from the agenda. SUBDIVISION COMMITTEE: Item 1: Hazel Dell Pond; Primary Plat Mr. Donald Foley, attorney for several surrounding neighbors for the subject property (proposed Hazel Dell Pond) has submitted a letter dated October 30, 2001 for distribution to the Subdivision Committee members as requested (please see the attached copy). The applicant has submitted no additional information (none was requested by the Plan Commission). The Plan Commission had directed Mr. Foley to provide evidence in writing for the Subdivision Committee to review one week in advance of the meeting date. The letter prepared by Mr. Foley is predicated on the presumption that the proposed subdivision would create double frontage lots (through lots) and thus require approval of a Subdivision Waiver to allow the approval of the primary plat. This is not the case based on the application ofthe Subdivision Control Ordinance by the Department, previous review by the Subdivision Committee, and also the position of the Commission's attorney supporting the determination of the Department. The Department will readdress this topic at the Subdivision Committee meeting Tuesday evening and reconfirm that the proposed primary plat complies with Section 6.5.3 of the Subdivision Control Ordinance. Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317 /571-2417 u u CITY OF CARMEL Department of Community Services One CMc Square Carmel, IN 4Sl32 (317) 571-2417 Fax: (317) 571-2426 Fax Fax: Pages: ~~~ e:L IO-OLq- C\ To: ~ \ ~'- l)2J~t:)L.I ~lD ~YO- ~Dq '1 From: Phone: Date: Re: \\- c... ~~~I.,)\"",_~ ~~~ CCI o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle ~ \.-\5 po.", ~ ~ ...-a:; J1:- I . ~" \.j I ~ ~ --- - T - I W (;) I " I I ,; I .. H Pr't..&.. OFLL ~~ I .. . , B~c; W'~Q" I ~. . a t)~_~ ~1lf1lT_dY_b~~ tIO~g~ - I ~ I '2.." ~~ e.o I-I111J 11 tl-e~_g~ 13. r~ LQ~_l~t- ~.-n~-~yl'1 ~f!r1':( I ~~ '~~:n~ .- ,*----- ~:J:lQ.~-~~- 1'l~ J J.J E:t;>_:._ P w:r- /' '-~_~1=;.~ , r-_~\L. 1=1> . iC.."( . ~ - \IV ~"ilL Ls_Ci\J~nw -~- U>.i:. ~ v A...\Al.. l>~ W"fnV"fk.-- - -' 6.~. 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'. - -. . - , ,'. . . ~.,- ............_-------,-~--.-.. -.-.---- -,--._-_. . _......._...-.-."...c. -~-~-------... ~"------..---...---_...._._~.~. ,. - ._---".~....--:~~...,.....----..........---,,-----p---,--- ? . . . --'--~.~....__....--.---~ "'~_L_'-__.._"",_______..-______.__-..... , ~ 10/10/01 WED 14:03 FAX 317/"118097 -- -.-.-. ~ Campbell Kyle Prott~ IaJ 001 CAMPBELL KYLE PROFFITT ATIORNEYS AT LAW JOHN M. KYLe JOM\II O. I'ROflll1'T ROBIRT ... CAMPBILL JBI'FR.IlY S. \IIICKLOY DEBORAH L FARMER WILLIAM I. WINDLING. JR. ~\'iI\'iI1 "INSLEY POINDtxna A.NDRIW M. BARKlR MICHAn A. CASATI JOHN S. Ti1Ul.Y RODNO T. S"IlKOVICS SCOTT P. W"tATT AMY I!. HIOooN + ' FRA W. CAMP8ILL RECEIVED ~1 916.1991) J OCT 10 2001 THO D. nnWORTH FAX COVER SUEET ~:\ DOCS' J:S fCcNDlel '(~ ~ ~ /v~ rAfJ/}J~o I To: ~ C. fJu~~, '~ From: ::;?L.-U..tJ.:'~~. >>~:.'I' ~. Total Number of Pages, Including Cover: d2,.. S 71-J1.Y~(, Should you experience any problem in receipt o/these pages. please contact C/')~ as soon as possible tJl (317) 846-6514. 1'hanIc )'OU. COMl\fENTS: Original will /t will not - follow via U.S. Mail. CoTifidentlality Notice: The materials enclosed with thb /fJx tranSmission an private tUId co'lfidential and are the prtJperry of the sender. 77re inft>rmatltJn conralned ill this 'ltUlUrlal13 privileged and Is wended ollly for the use of the individual(s) or emlly(les) named above. I[Jou an not tM Intended reciplenz. be advised rhat any unauthorl:ed disclosure. copying, dlstribulion or me taking of fJny action ill reliCUJC8 on the conte1lls of this telecopled lnfomuuion is strictly prohibited. lfyou have received thisfa% transmIssion in error. please immediately notih this jlnn bJ telephone in order to arrange for the return of the documents to us. 650 East CanDc1 Drive Suite 400 Carmel, IudiaIle 46032 (317) ~S14 PAX (317) 843-8097 i,.. ,-}-. ,0 o FOLEY & POOL, LLP DONALD F. FOLJ!Y'> DOUGLAS W. POOL JOHN L. STEWART" GARY J. MEYER GoVERNMENTAL AFFAIRS UASO Attorneys and Counselors of Law OF COPNSEL: TONY H. ABBOTT MARY S. UHLE1l MARY R. SCHROFDER PARALEGAL "hgiit<red Civil MedIator October 5, 2001 Marilyn Anderson, President CarmeVClay Plan Commission Carmel City Hall One Civic.Square Carmel, Indiana 46032 Re: Docket #52-01PP;Hazel Dell Pond -Mark Stout Development, Inc. Dear Ms. Anderson: 1bis letter is to advise . that' I represent several residents located both north and south of the proposed'Hazel Dell Pond Subdivision which separates the Lake Forest Subdivision on the south and the'Brookfield Subdivision on the north. My,dients have asked that I notify' you of my representation of their interest. My clients respectfully. request' that the Plan Commission reopen this matter for the presentation of additional evidence. To date my clients have not been represented by counsel. My clients also respectfully request thatthis matter be continued from the October 16,2001 hearingdate and be re-scheduledfor the November 20, 2001 meeting date providing .me the opportunity to thoroughly acquaint myself with all aspects of the proposed development and related issues. Setting. this hearing over to November 20,2001 will also allow the residents to seek other needed professional. assistance. It is their plan, once this review has been completed, to work with the developer in an effort to resolve this. matter prior to the hearing; . Thank you for your consideration of this request. 300 MAROlT CENTER. 342MASSACHUSElTS AVENUE. INDIANAPOUS. INDIANA 46204.2132. TEL: (317) 261.Q900 · FAX: (317) 261.Q200 o o ;.\ Ms.. Marilyn Anderson,. President Carmel/Clay Plan Conrinission OctoberS, 2001 Page 2 FOLEY & POO~, LLP I reniain, Sincerely yours, FOLEY & POOL, LLP DFF/cpp cc: William E. Wendling, Jr. Attached . Resident Listing h:\4559\AndersOlil 0050 1 . ,-., o o Ervin & Cora Berlinger . 5241 Lake Point Drive . Carmel, IN 46032 Bruce Ackerman 12411 SpriJlgbrooke Run Carmel; IN 46032 . . Marty & Traci Bowling 5238 Lake Point Drive Carmel, IN46032 Bob Estes 12413 Springbrooke Run Carmel; IN 46032 William & Sharon Marshall 5246 Lake Point Drive' Carmel, IN 46032. . Dan Kane . 12419 SpringbrookeRun Carmel, IN 46032 Jerry & PatChomanczuk 5208 Lake Point Drive Carmel, IN 46032 Jeff Karsten 14207 Springbrooke Roo Carmel, IN 46032 Rick and Jane Warwick 5273 Lake Point Drive Carmel, IN 46032 Ron Quammen 12409Springbrooke Run Carmel, IN 46032 . Richard & Laura Kolic 5270 Lake Point Drive Carniel, IN 46032 RayTuhin 12409 Springbrooke Run Carmel, IN 46032 Jamie Johns and Susan Albert 5233 Lake PointDrive Carmel, IN 46032 VinceWelch . 12417 Springbrooke Run Carmel, IN 46032 Marianne and Eleanor Ambro 5222 Lake Point Drive Carmel, IN 46032 Mike Zervic 12421Springbrooke Run Carmel, IN 46032 Todd & Molly Smith 5230 Lake Point Drive Carmel, IN 46032 Robert Stankovich 12412 Windbush Way Carmel, IN 46032 Barry Herndon 5248 Faye Court Carmel, IN 46032. h:\4559\ResidentListl 0050 I 10/10/01 WED 14:03 FAX 3~38097 ----, Campbell Kyle prof\..1 IaJ 002 CAMPBELL KYLE PROFFITT ATTORNEYS AT LAW P1V.NK S. CAMPBELL (1880-1964) fllo'\NK W. CAMPBILL (1916-1991) JOWol M. ICYLB JOHN D. Pl\OfJlITT ~OBERl' F. CAMPBSLl. JEWRIY S. NJCKLOY DJlBOa.ul L. 'ARMBR W.LLJAM .. Wl1"IDLJNC, JR. ANNE HINSLEY PO(NDBXTI!Jl ANDatw M. BARKER MJCHA8L A. CASATl JOtfN S. TERRt' RODNiY T. SARKOVIC$ scan P. WYATT THOMAS D. TITSWOR.TH Of CO"lI~tll October 10, 2001 Via Facsimile: 571-1426 Mr. Jon C. Dobosiewicz Department of Community Services City of Carmel One Civic Square Cannel, IN 46074 Re: Hazel Dell Ponds at Waterstone Dear Jon: In response to attorney Donald F. Foley's October 5, 2001 correspondence addressed to Marilyn Anderson, we respectfully request that this belated request for a continuance of the October 16, 200 1 date not be considered. This matter has been before the Plan Commission on two different occasions, the subcommittee on three separate occasions and the Technical Review Committee. It i$ highly prejudicial to my client at this late date to once again ask for a delay in getting this matter approved. Please feel free to distribute this response to whomever you want. Ifthere are any questions, please contact me. Sincerely, CAMPBELL KYLE PROFFITT WEW/mew cc; Mark Stout Mark Harris 11523-00 1 650 Bast Carmel Drive Suite 400 Cannel,lndiana 46032 (317) 84U514 FAX (317) 843-8097 JOHN M. KYLE JOHN D. PROFFITT ROBERT F. CAMPBELL JEFFREY S. NICKLOY DEBORAH L. FARMER WILLIAM E. WENDLING, JR. ANNE HENSLEY POINDEXTER ANDREW M. BARKER MICHAEL A. CASATI JOHN S. TERRY RODNEY T. SARKOVICS SCOTT P. WYATT ~o CAMPBELL KYLE PROFFITT ATTORNEYS AT LAW FRANK S. CAMPBELL (1880.1964 ) FRANK W. CAMPBELL (1916-1991) THOMAS D. TITSWORTH Of Counsel er 10, 2001 Via Facsimile: 571-2426 Mr. Jon C. Dobosiewicz Department of Community Services City of Carmel One Civic Square Carmel, IN 46074 Re: Hazel Dell Ponds at Waterstone Dear Jon: In response to attorney Donald F. Foley's October 5, 2001 correspondence addressed to Marilyn Anderson, we respectfully request that this belated request for a continuance of the October 16, 2001 date not be considered. This matter has been before the Plan Commission on two different occasions, the subcommittee on three separate occasions and the Technical Review Committee. It is highly prejudicial to my client at this late date to once again ask for a delay in getting this matter approved. Please feel free to distribute this response to whomever you want. If there are any questions, please contact me. WEW/mew cc: Mark Stout Mark Harris 11523-001 Sincerely, CAMPBELL KYLE PROFFITT ~~ William E. ;:ndlin~ 650 East Carmel Drive Suite 400 Carmel, Indiana 46032 (317) 846-6514 FAX (317) 843-8097 AMERICAN CONSUL fING, INC. 7260 Shadeland Station, Indianapolis, IN 46256 (317) 547-5580 FAX: (317) 543-0270 info@amercons.com LETTER OF TRANSMITTAL '9 City of Carmel One Civic Square Carmel, Indiana 46074 Date: Project Name: Project Number: 10/11/01 Hazel Dell Pond IN19990756 We are [gI Enclosed o Mail [gI As Requested sending you: o Separately via o Messenger o For Your Information Deliver by: o Ovemight o For Your Review & Comment Time: 2:00 p.m. 0 0 Date: 10/11/01 QTY. TYPE DESCRIPTION 1 Copy (11' x 17") PlaYLot layout w/out Topography 1 Copy (11" X 17") PlaYLot layout w/Topography 1 Copy (11" x 17") Overall Property w/Topography Remarks: If you have any questions or need any additional information please feel free to contact our office. Please retum: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting, Inc. X X File By: Mark C. Harris ;; '-D u CITY OF CARMEL, INDIANA Request For Records Pursuant To Indiana Access To Public Records Act (I.C. 5-14-3-1, et sea., as amended) I, j).9-rJ tf-<-v ~ ~ ;:v &--~ [name optional] , hereby request of the City of Garmel, Indiana, the right to inspect and copy the following records: ~ #=-~'--olff/ ! ~ ~ ;//t7%d4' Dated this.L2.. day of ~ , 2ooL. The City may provide me with its response to this request: o By telephone at o By facsimile transmission at [] By mail at g"'Other Received by: ,/,/ I" ~(J F-,m.on 0 ,200~, Signature: Printed Name and City Department: Sent to Legal Department for response on: FV:J: by Received by Legal Department on: by Exhibit A IZ o.Law\E B;WIMy c.xumcnu\RccordJRcqUCSlSIFORM 200l.doc4/4/01] __ _ __1 OCT-02-2001 17:23 RMERICRN CONSULTING INC U o 317 543 0270 P.02/02 li , . Alt & 'Witzig Engineering, lllc. 410S West 99th Streel · Carmel. Indi:ll'ln 4(,032 (317) 875-1000. Fux (317) 876-3705 October 2,2001 ^mcrioan Consulting Engineers 7260 Shaddand Station IndianilpOlis. lndiano 46256..3917 A TIN: Mr. Ma.rk Harris RE: Pla('~l1ent ofFill Material In Bx.istin.g Lake Residential Subdivision 116D1 Street and lIazcll Dell P~kWilY Ca1'meJ, Indiana Alt & WitT-1g I%~; 59409 ~ter Gcnllcn,en: In coII1pIiance with your request, we have reviewoo the placement of Jill material along the eastern portion of the existing lake ill order to ~pand the proposed 101 si~.es. Basoo on our conversalion with the developer and the civil enginccr, it appears that the residential slructun;;s within the critical areas win be supported by a deep foundatio11 system. Thus, the structurallollds (If these homes will be transferred to the u'l'1cl~lying linn natural soils. It appears that the proposed fillll1ateriuls will be used in non-struclural areas; Oflhc lots such as back yards, where some minor settlemeTlts may be tolerul~l. It is our undt.TS\antling that it will not be possible to dewllter the site. Due to the fact that the fiU mnterial~ will be pJnced in mm- structural areas, less stringent compaction requirement will be nCCCSS:i1Y. Therefore', the first few fed of the proposed fill material may be loose c.lwnpcd without dewatering in the non.critic~l ~ro.1S of tht: sit~. As the fill mtltennl extends beyond lhe limits of the walet morc stringent compaction procedures will be implc~me11ted. In order to inlt.'gl'ate the new fiU lniltmal with the exiSling soil, some benchiI'8 will be necessary. Additiol,al stilbiH:t,ation tecbniques rony be us~ in SOU11} areas ill order to circumvent tbe need for dewatering. If we call give fu11her Se\'Vice in this nlatttr, please ~ntact us at your convenience. Very tr\lly yours. Alt & WIt: ~1 in7~ -steven H. Werling, P .E. Offices: Cim:inll"ll. Ohi\). L<nllsville, Kentucky Indii\Dtlpuli, . li\l:l,,~yilll: . 'r-1.. WIlY~c. L.lfnyt"tLl:. So~",h I5cnd. Tl;I'/"C n;l~lt\).lrl~li,I'IJa SlIlmtrj'nee /llVtSli.fJlllilm oml Fm"ul~(ifl1l Jblf.:;lIe~'rill,c: COlIStructiOll Material, TfS(;IIg nml bl~JlrCliQ" Ellv;n/nl11(lkffll Set"virt:s TOTRL P.02 OCT -02-2001 17: 23 Q 317 543 0270 P.01/02 .~ AMERICAN CONSULTING INC V AMERICAN CONSULTING, INC. . II Architects I.. Con~ultants . Engineers 7260 Shadeland Station, Indianapolis, IN 46256 (317) 547-5580 FAX: (317) 543-0270 info@amercoDS.com TELECOPIER COVER LETTER AC.E. Project No.: A.C.E. Project: 99-756 Hazel Dell pond ~ ~~ J!~1VttJ ~~~ ~, \ lOtl-jJ ,;t~ /<f:!,~ \(!;,- 1,\ Please deliver the following pages Immediately to: Name: John Dobosiewicz Company: Cannel - Department of Conununity Services Fax number called: 571-2426 Date: October 2. 2001 From: Mark C. Harris Total number of pages, Including cover letter: 2 T elecopier operator for this transmission: MCH IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE, USING THE TELEPHONE NUMBER LISTED. Comments: John - Here is copy ofletter from Alt & Witzig, Inc. regarding filling of the pond. Mark mCh\document2 o o . .. ,'l'" Alt & 'Witzig Engineering, Inc. iI i 4105 West 99\rl Su'CC\ · Carmel. (ndi:lll:l 4(1032 'Wi (317) 875-7000 · Pax (317) 876-3705 October 2,2001 American Consulting Engineers 7260 Shadeland Station Indianapolis, Indiana 46256~3917 A TIN: Mr. Mark Harris RE: PlaC~111ent ofFill Material In Existing Lake Residential Subdivision 116Lh Street and Bazell Dell Parkway Cannel, lndiana Alt & Wit71g File: 59409 Lt:tter Gentlemen: In compliance with yom request, we have reviewcx1the placenlent of fill material along the eastern pOItion of the existing lake in order to expand the proposed lot si:r.es. BascO. 011 ollr conversation wilh the developer and the civil engineer, it appears that the residenlial slru(tun;s within the critical areas will be supported by a deep foundation system. Thus, the structuralloods (If these homes will be transferred to the uncl~l)'ing linn nalural soils. It appears that the proposed fill mat~rials will be useo. in l'Ion-stmclural areas oflhe lots slIch ,IS bClck yards, where some minor settlem~ts may be tolerated. It is our undcTstamHng that it will not be possible to dewater the site. Due to the fact th<1t the fill materials will be pJoced ill m)n- structural areas, less stringent compaction requirement will be neccssru.y. Therefore, the fin:t few fed of the proposed fill material may be loose (]wnped without dewatering in the non~critical .,rC<l~ of th~ site. As the fill material extends beyond the limits of the waLer more stringCTIt compaction procedures will be implemented. In order to integrate the new fm mattrrial with the exisling soil, some benching will be necessary. Additional stabili;r,ation techniques may be llst:d in SOIllO arcas ill order to circumvent the need for dewatering. lfwe can give fUlther service in this matter, please contact us at your convenience. Very tl'llly yours, Offices: SlIbsurface Jm'e$(~r;(/(iOfl und FOlllu[(J!itm UIlf,:;IIE't'riu.t: Cin.:inn"ti, Ohio. Louisville, Kentucky C{}I/.Struct;ml Moter;(ds 1'e~(il/g t/l/(llmp('('Iioll Indi.mapulis . Hvan~vjJI~ . n. WlIyne. L:\[nyt"ILc. Soulh Bel1d. '[/,;I'/"C Tl;ltll..,,!r,di;'lnl.l EIIVironm('Il(a[ Se,:"ires GO 'd SOLE 9L8 LIE 'ON X~j I ~NI~33NI~N3 ~IZ1IM~11~ Wd 00:50 3n1 1002-20-100 . -. (J.) u Dobosiewicz, Jon C From: Sent: To: Cc: Subject: Dobosiewicz, Jon C Tuesday, October 02, 2001 3:13 PM 'Ron Houck' Hollibaugh, Mike P October 2nd Subdivision Committee Meeting Ron, Please find attached a copy of a letter that will be presented at tonight's meeting regarding V. of West Clay. It address parking. Brenwick has requested that we discuss with you and the committee the option of splitting their petition into two sections if the matter of Traffic can not be fully addressed this evening. They would like to see the Plan Commission act on the "housekeeping" issues at the October 16th meeting if at all possible. They are willing, if necessary, to delay sending back the entire request if there are outstanding questions regarding traffic after tonight's meeting. Please give me a call when you have had time to read the letter and share your thoughts on splitting the petition if necessary. Thanks, Jon C. Dobosiewicz Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Phone: 317.571.2417 Fax: 317.571.2426 jdobosiewicz@ci.carmel.in.us ~ PKG letter to DOCS 10_01_01.do... In addition, I have received your e-mail regarding Hazel Dell Pond. On item 1, The reason behind not permitting the platting of double frontage lots was to eliminate the backing of homes onto arterial streets. We see plats like this along Spring Mill Road and 146th Street where the backs of homes are all one sees as they drive down the street. The ordinance was amended to provide for frontage places as are used in Plum Creek Farms and are being used in this subdivision along Hazel Dell Parkway. However, the proposed layout does not constitute the plating of double frontage lots. The width of the area between the proposed right-of-way and the existing lots is not regulated by the Ordinance. The applicant has observed concerns first raised by the Department, then by the public and the Commission and made an attempt to mitigate a perceived negative impacts on adjacent property owners. The placement of landscaping and a stockade style wood fence within the proposed common area are efforts that go above and beyond the requirements of the Ordinance. This should be recognized by the Committee. The Ordinance requires that the applicant connect the street in this subdivision to the two existing stub streets in the Brookfield and Lake Forest subdivisions. Minutes from previous Plan Commission meetings regarding those items reflect that these issues were discussed. Perhaps it would have been appropriate for the stub street in the Brookfield subdivision to have been placed directly north of the stub in Lake Forest however that did not happen. 1 " . '. . I am"not sure in what greater detail wWn address that issue at the committee levQlt does not appear to matter to Mr. Marshall as he would support the project only if the area in question was left alone. On item 2, they are providing me this afternoon with copies of the geo-technical information. On item 3, a copy of the letter from John South is attached to your Department Report. I have a response letter from ACE regarding his letter and will have copies available at the meeting. 2 !I 1Irll\ · !; LV f\\OIl<Q' ! ELL ?t)~~ ~,~~ () f"TJbU 4 f? --If ~/ w"",,.II:. 10/1../01 .c.. ~~... rrrJE'E i i I I i " C!,u..c... WE.Nb'-'~ f I - O.J-,) .~ f1T"lCtl- - L- """'~.$"~ D. o~ 4- i. I! ! Go" 'l. . '-~~ ~,,:.Cii K. A-'Tk f1'6IL - L~I)..s4 ~I I S 'OFF- 'AA> LJ~ ~ ,'" - '~ " M Ct. ~ \ w...\i ~ lC,,/ o.e.\~ Q "t10~S"~r.... ~bL fbt..\<.,i:)S ~ ~,. . Q VA"~ 'f . b~ K..A,~ - fOe0 CI-f ~ So (j"'fli - ~"'" t'f:5 \/AL.\lE.O"F .~~r;vy " ~~~~. ~~ ;trr f't''''^lly . .... LN~4WE. (i) e>t- ~A-u- ~ o Q ~ Maintenance of Common Property Along the Northern Property Line of the Subdivision. The homeowners association is charged with the responsibility to maintain and preserve the landscaping along the northern property line of the subdivision. Said landscaping includes both vegetation and fencing. Forevermore it shall be the responsibility of the homeowners association to maintain said location's landscaping in substantial compliance with the landscaping design as approved by the Carmel Clay Plan Commission. It is understood by the homeowners association that the Carmel Department of Community Services has the authority to enforce this provision. .. .- ~ ~ Q Page 1 of2 Dobosiewicz, Jon C From: HOUCK_RON_F@L1LLY.COM Sent: Friday, September 28,2001 12:21 PM To: JDobosiewicz@cLcarmel.in.us Subject: To Carmel Subdivision Committee, Re: Oct. 2 Agenda Docket No. 52-01 PP; Hazel Dell Pond John, Would you reply regarding the specific outstanding concerns raised in this message? I have excerpted them below. 1. "The "frontage" property ordinance I'm sure was written for good reasons all of which will be violated if this proposal is approved." I think he is talking about the creation of double-frontage lots. Technically their small linear strip creates the technicality that prevents t~ese , from being called double-frontage lots, however please answer the question of(~~n~Jlft~e:intEmVr~a.sCii1behind) a!lii~!i~rilop.r~"e!it th'e.Rlaltin9Qf 'double.frQnJa.g~ IQ!s."7 2. "I'd like to point out that the petitioner states he has soil testing results but so far no written documentation has been filed to prove it." 3. "I also understand that John South has amended his comments since the technical advisory committee met and that letter should be in Ci ty' s file." ;~Wti~famerl~men!~lc"i1f1nges have been suggestedt Ron --- Forwarded by Ron F HoucklAM/LL Y on 09/28/2001 12: 18 PM --- MARSHALL_WILLlAM_F@L1LLY.COM To: dkk49@hotmail.com, John_Sharpe@Conseco.com, Kbroach@Woodmaclaw.com, mfitzger@ccs.k12.in.us, HOUCK_RON]@L1LLY.COM, rhancock@ci.carmel.in.us, 09/28/2001 08:49 AM Whaney1393@aol.com cc: MARSHALL_WILLlAM_F@L1LLY.COM Subject: To Carmel Subdivision Committee, Re: Oct. 2 Agenda Docket No. 52-01 PP; Hazel Dell Pond Ramona--please supply a copy for Norma Meighen--thank you! I would like to re-express concerns in opposition to the proposed Hazeldell Pond layout, but first thank you for your openness and consideration of all inputs throughout this process. \:fh~.-"i.:(!:'QIifa.:ge,'r~J:ii:9P,e~,ty:~;rain'ciric~']I 'm sure was written for good reasons all of which will be violated if this proposal is approved. This was significantly recognized by the Committee at the Sept. 4 review ~n~ I 1: '. '..- --.,.- .....". ... suggest that this proposal be turned down at the Oct. 2 meeting \l?c;p_E3,d..uf>.(:m', \f]'i."Ej':!-~.:f,~I.lt,~~~}:~~.s~lmp6i,fan1::. orC:lin~~c~) and the many other concerns '. expressed since February 2000. I realize the proposal may technically meet standards (if the one requested variance is approved) but only because Mr. Stout is a different developer than Mr. Sweet (Brookfield). That doesn't change the fact that the proposal is very crowded and does not easily. a~comm?datE?.. t,tt~_n\lrn!:>.er ,of lots plus. a. street that would be (sq~e:ez'E;a bet'weeI1 tPe_"~}!:;hs.t.iDgneighb,Qrhood$J (much J:ik..e~ ,an~i:1,~t~~'_'~.hc>ught - fo..t)ie._~~.t~tiI1g g~E2VJ!J..QPm~!ltsJ This is not the type~ of neighborhood that anyone has told me they would be interested in buying into because of the circumstances of the location. 10/2/2001 Hancock. Ramona B ---- From: Sent: To: MARSHALL_WILLlAM_F@L1LLY.COM Friday, September 28, 2001 8:49 AM dkk49@hotmail.com; John_Sharpe@Conseco.com; Kbroach@Woodmaclaw.com; mfitzger@ccs.k12.in.us; HOUCK_RON_F@L1LLY.COM; rhancock@cLcarmel.in.us; Whaney1393@aol.com MARSHALL_WILLlAM_F@L1LLY.COM To Carmel Subdivision Committee, Re: Oct. 2 Agenda Docket No. 52-01 PP; Hazel Dell Pond Cc: Subject: Ramona--please supply a copy for Norma Meighen--thank you! I would like to re-express concerns in opposition to the proposed Hazeldell Pond layout, but first thank you for your openness and consideration of all inputs throughout this process. The "frontage" property ordinance I'm sure was written for good reasons all of which will be violated if this proposal is approved. This was significantly recognized by the Committee at the Sept. 4 review and I suggest that this proposal be turned down at the Oct. 2 meeting based upon the intent of this important ordinance and the many other concerns expressed since February 2000. I realize the proposal may technically meet standards (if the one requested variance is approved) but only because Mr. Stout is a different developer than Mr. Sweet (Brookfield). That doesn't change the fact that the proposal is very crowded and does not easily accommodate the number of lots plus a street that would be squeezed between the existing neighborhoods much like an after thought to the existing developments. This is not the type of neighborhood that anyone has told me they would be interested in buying into because of the circumstances of the location. In many ways the proposal is not well planned to be consistent with the circumstances of the odd shaped lot, lack of desirable access, low pressure gas line, and the higher standards of surrounding developments. The primary issue is however is not resistance to developing the property at all, but the overwhelming negative consequences of the current plan being presented on a very difficult property to develop. There was "no hand dealt" as mentioned Sept. 4th but a strategic decision to attempt to develop to the maximum allowable conditions, due to the low price of the property, and without regard for the impact to neighboring properties or the state of the property. On July 16 the petitioner stated to neighbors he was very pleased with the fact that the project was turned down last year because he was able to add 5 more lots as a result! This does not show a desire to work with the neighbors as may be being represented and we were not contacted to input to the revised plan as it was being put together this year. There are many other options for development, but none have not been considered or presented for obvious financial reasons. One suggestion is to build fewer homes to make up for the fact that the land is small, with difficult access, with a gas line, difficult to develop, completely surrounded, and does not desirably accommodate a street and the maximum number of homes proposed. The only reason the pond is being proposed to be filled in on the east bank is to maximize the number of lots and not because it is a sound thing to do or a desirable option. This was checked out by the petitioner as a strategy for adding more lots prior to purchasing the land. Another option may be to approve the east section (lots 1-19) but 1 disapprove the west section based on violation of the intent of the fromage' ordinance and the many issues raised. This may be an acceptable rP.iddle ground. Please consider this option if you can, as there would be great support from both surrounding neighborhoods to develop the east half, if the west section between Lake Forest and Brookfield is required to be left alone. The last meeting discussed the impact to Brookfield, but the concern from Lake Forest includes construction traffic over a long period of time, no space for through streets during construction, and how access will have to be arranged to accommodate construction activities. I'd like to point out that the petitioner states he has soil testing results but so far no written documentation has been filed to prove it. Why is this so when this important question has been raised for over one year? Also, we only have a verbal statement that a Level 1 environmental report was performed. Where is the report with written results? Remember there has not been any positive support expressed other than by Mr. Stout's representatives since the plan was first presented Feb. 2000 and that should strongly indicate there is not sufficient data to support the project. I also understand that John South has amended his comments since the technical advisory committee met and that letter should be in City's file. Thank you for your time, Bill Marshall & family 5246 Lake Point Drive Carmel 2 Re: '~..' ---~ Lake Forest Homeowner Concerned About Hazeldell Pond Docket No. 52-01PP and Docket No. 52-01ASW Drive Dear Ramona L,I If you have not driven down Lincoln Blvd. here in Carmel, as a Rice suggested at the August 21st Plan Commission meeting; Please, Please do so! The Saturday evening I drove down Lincoln Blvd., I observed at least two cars parked half-on, half-off the street. Both cars had no hubcaps. The area is very unsightly and exhibits pathetic planning. Every time I hear Mark Stout's proposal of shadow box fencing, all I can visualize is all of us having to put up fences to protect ourselves from the junk yard dogs! I trust, after you see for yourself this previous example of extremely poor planning, you will have no trouble sending Mark Stout, etc. Packing! I am astounded at each meeting by how little homework Mark Stout, etc. appears to have done on the issue of the large gas line. When I planted a tree, the man sent out to mark the gas line before I dug, instructed me it was very important to anticipate the growth of my tree and to plant far enough away from the gas line, so as not to have roots contact the line in the future. Furthermore, I am very concerned why Mark Stout is not confident enough to stand up and present this project himself. As a (interior) designer I can not imagine a designer who believes in his work, allowing someone else to present it for him. Designing is not only visual - but a feeling. A reputable designer in any field, puts his heart and soul into a project he believes in, and is very proud to present it. Only if I was trying to be deceitful would I need someone else to present my project for me. I am further astounded and have to wonder what kind of attorney would even want his name associated with a project like this. A reputable attorney would first determine if a case is reasonable before excepting a client. I am further disturbed by his deceitful tactic of calling a short notice meeting with my neighbors and leading them to believe this is a done deal. Those of us who knew better, did not take the bait and attend this meeting called by William Wendling, Jr. This is why some of my neighbors at the Subdivision Committee meeting seemed to accept the idea of the project going through. They were manipulated to believe they have no choice in this matter. I believe I do have a choice, because I still have faith that you on the Plan Commission are smarter than this, and will do the most elementary, logical thing -- Send Mark Stout, etc. PACKING! It is only too obvious to me that Mark Stout is not confident of his project, and knows full well these lots will never be sold for the price he proposes. There is no one of my caliber who would even consider a two- hundred thousand dollar plus house in a BACK ALLEY. So what happens when he doesn't get a buyer at his egotistical inflated price? We would soon see a sign: PRICE REDUCED! Which in this case would also mean the caliber of our neighborhood being reduced! Please, Please do not allow Mark Stout, etc. to blind side you! Sincerely with appreciation for your time and attention, ~ / -. Marianne Ambro (317) 844-3794 / -- ~- L . .'t- CD u Page 2 of2 In many ways the proposal is not well planned to be consistent with the circumstances of the odd shaped lot, lack of desirable access, low pressure \~---__~_~_...__~. ___._' _.__. __._ _.'.'_ ...,_ _ _.' .__._. ._~ .. u. ,', _'_-"-'---'~-- ", gas line, and the \high~:r-~.ta,!l<:ii:irciE'. oJ . ~urroundJngdeve~opm.~t.s.. The primary issue is however is not resistance to developing the property at all, but the oyerwhe).ming.negatj.,ve consequences of the current plan being presented on a \.very difficult ..prOPE:!rt.Lt& <;:t~y~iop) There was "no hand dealt" as mentioned Sept. 4th but a strategic decision to L~~t.~_rnej::'.1:6~ d,eyelopj:o.ttle. _In~}{i.mu~. aTi()w~l:>~e_ (~on.di t::i,onsJ due to the low price of the property, and without regard for the impact to neighboring properties or the state of the property. On July 16 the petitioner stated to neighbors he was very pleased with the fact that the project was turned down last year because he was able to add 5 more lots as a result! This does not show a desire to work with the neighbors as may be being represented and we were not contacted to input to the revised plan as it was being put together this year. (Th.ere - are many- 6ther opfions tOJ;, c:i~v~.l"opment, but nOI)y_P~Ye not beeD' ~..?>.i.i~f~~~~dor p're~.e.r1,te<:i t"or. o)::)Vj,ou.s fina,nc:l-c3.lreasons) One suggestion is to build fewer homes to make up for the fact that the land is small, with difficult access, with a gas line, difficult to develop, completely surrounded, and does not desirably accommodate a street and the maximum number of homes proposed. The only reason the pond is being proposed to be filled in on the east bank is to maximize the number of lots and not because it is a sound thing to do or a desirable option. This was checked out by the petitioner as a strategy for adding more lots prior to purchasing the land. Another option may be to approve the east section (lots 1-19) but .~..:!:.s_CiI?J2rove the west section(1)?.~~Ci.,.con.~ violation .of the.. {ntent of .the) \tl:"9ntc3.ge ordinCirlCe.'cmd the .mariy.).ssues ra~sed~~ This may be.a.!]: .acceptable .IT.l~ddle_gr~llnd. Plea13~ c:ons~?er ~~is option if you can,. i'l.s \:t:nel;'e)'lould be) "greaFsuppol;'t, .from both S1,1;:.r:oun<:iing neighborhoocis to develop the .east half,) \~j,Lthe .west. sect;i.on between I,.ake: Fore.st an<:I Brookf:i,eld .is .reqllirecf to be ) \)..ef.t alone.) The last meeting discussed the impact to Brookfield, but the concern from Lake Forest includes construction traffic over a long period of time, no space for through streets during construction, and how access will have to be arranged to accommodate construction activities. I'd like to point out that the petitioner states he has soil testing results but so far no y,rritten docllrnentation has been filed to prove it. CWhy 1~ this so. when thisimportCint ql.lesdori has beeri"raisedfor over ()neJ \Y~9~~ Also, we only have a verbal statement that a Level 1 environmental report was performed. Where is the report with written results? Remember there has not been any positive support expressed other than by Mr. Stout's representatives since the plan was first presented Feb. 2000 and that should strongly indicate there is not sufficient data to support the project. I also understand that John South has amended his comments since the technical advisory committee met and that letter should be in City's file. Thank you for your time, Bill Marshall & family 5246 Lake Point Drive Carmel 10/2/2001 ..__ .____ _ _._~ __..______.___1_ SEP-27-2001 ,..1/ .'1 AL-' ~ :' 72&0 SHADElAND STATION INDIANAPOLIS, INDIANA 46256-3917 (317)547-5580 FAX (317) 543.0270 www.arnercons.com lo\MESA. WURStER. PE. AlA, LS W1UIS R. CONNEll. PE MARK c. HARRIS, I'E JAMES A. 'l/JIIN::S. ES GRECORY l. ~NEICE. PI: OiARlES P. UNTERRBI'IER, ~ PS I'MX P. NeNKlRK. LS A. f(Oy ~lJRTlEff. PE MIOiAEL H. MNNlNO, PE QJNTON l. $~ PE GORDON L RIOiAROSON, l.S o.o.VIO A. DAY, PE MICHAEl R. HOOPINCoARNER. AlA MIOIAEI. M.IONES. AlA CYNTHIA L. FORI; PI: )m'REY I\. ClAYTON. PE ROSSI' e. Hrme, 65 MARliN A. KNOwl.l:S, JR., PE JAMES M. BREI11NCfR, PI: MICHAEl J. KOrAK. PI: FReD M l'II()(rNTJ.lAl, AlA lAMES K. KeEFE. PI: MAllHEW D. RINK. PE o.o.V1D M. GRIFFEE. I'E JOSEPH I. CUIDRO~ Ill. AlA rnvEl'Ill. 9RUNS, lIE ROBERT E. CREVISTON, JR..IIJA EDWARD ,. SWEmANO,l.S CASH E. CANFIELD. pe DONALD G. CORSON. I'E AI.EN FETAHAGIC. l'E JAMIE L POCZEKAY, PE MICHAEL 8. CUNE. PE M. ~ POItTEIl. PE PAul A. ENORlS II. RA WEBB 8EltNHIIRDT, PE MICHAEl. S. HARKNESS, f'E WIlUAMj.lIOUOlER. PE CHRISlOJ'HER F. MUIlPHY, PE KEVIN P. PARKER. I'E 0iIl.E T. (SlaP) FRANCIS. PE lROY/I.~, PE GREGORY R. SUSEMI01EL, PE PATRICK R.. SHEA. FE BARRY A. LOGAN. PE SA9alATMAlI. PE PETeR M. H()lWlp. PE REGISTRATION INDII\~ - OHIO KEmua<V . M/CHiOAN IWNOIS . MISSOURI MARYlAND. ARKANSAS SOUTH DAKOTA. IOWA NEBRASKA. KANSAS 'lCNNEm. WISCONSIN FlORlD'\. wESTVlRQNIA GEORGIA. MISSISSIPPI PENNSYLVANIA .([WiQ V1R()INIA. MINNESOTA COLOAAOO . CAl.1fORNIA AllI%ONA. WASHINCTON AlAIlM1A. NEWYORK NEW JERSEY .lOUlS1ANA CONNECllCUT .IIMSSACHlISETTS SOUTH CAROUNA OFFICES INOIANAI'OUS, 11'1 COLUMBUS, OH !iOVTN BfNO, IN q:\cmp\mch\9907S6-001,doc 17: 14AMiiIcAN Architects Consultants Engineers INC. _ 3175430270 P.02 CONSOCTING, INC. ~ ~- C , ~ f' September 27. 2001 ~ RECEIVED 8fP 27 2001 DOCS Mr. John B. South Hamilton County Soil and Water Conservation District 11 08 South 9th Street Noblesville. Indiana 46060 jrJD !.~=-i "~/ Q' .~, I ',1 'v ,~y _-,,"~__v' Re: Primary Plat Hazel Dell Pond Cannel, Indiana Dear John: This letter is written in response to your letter of September 26, 2001 relative to the Hazel Dett Pond subdivision in Cannel, Indiana. 1. COMMENT No.1: The USDA-NRCS Soil Survey of Hamilton C()1l1lty shows this site 10 have Orthents soil type. This soil is an unknown mixture of cuts and fills. The soil material could be poorly compacted with many voids, or have organic debris buried beneath that could cause set/ling in the julure. The material may also be well-compacted fill that is suitable for this project. 1 recommend that a soils investigation be conducted to make sure that soil conditions QJ'e suitable for the proposed projecl. A Subswface Investigation and Foundation Recommendations Report was prepared by Att & Witzig Engineering, Inc., dated January 6, 2000. They recommend that the proposed foundations types be conventional shallow spread footings and continuous wall footings. They state that special consideration will be necessary to remove all loose soils to suitable bearing materials. The report also recommends procedures for stabilizing the slopes along the bank of the pond and suggest that a representative of the soils engineer inspect the foundations and slopes during construction. The developer will work closely with the soils engineer during construction to assure that adequate foundations and stable slopes are provided for the project. 2. COMMENT No.2: There are several housing developments on the east side of Carmel that have ponds with low water levels because of poor soil conditions or a dropping water table. Plum Creek North, Lake Forest, Haverstick and Spring Creek are all developments that have or had ponds with a lowered water level. These homeowners pw'chased lots with the expectation of a nice pond and have something less than that. Change.~ in the ground waler table that affected these developments must nOw be anticipated so futwe lor owners QJ'e nor left with a similar problem. The plan for this development is to lei the pond's water elevation fluctuate with changes in rainfall and ground water table. The surface elevation in 1971 was 746.6 and was estimated to be 743.0 on the 2000 version IDS (county GIS information). This drop of 3. 6 feet has made a significant difference to the stability, appearance and erodability of the pond banks. The banks of this finishM pond need to be stable, sqfe andfree of soil erosion when the waler elevation is high or low. ARCHITECTURE STRUCTURAL CML ENVIRONMENTAL TRANSPORTATION P~ANNINC SURVEYING FORENSIC ENGINEERINC __ __1__ SEP-27-2001 17:15 ... AMERICAN CONSULTING Q.) AMERICAN CONSULTING, INC. Mr. John 8. South Seplel1lber27,2001 Page 2 INC. 3175430270 P.03 .' o " The developer needs to assess how much the waleI' elevation is likely to change and provide a plan to protect the pond lJarIh. Nonnal water levels in the pond appear to range fi'om 737 to about 743. The IOO-year water level in the pond bas been dete.nnined. to be 145.11, based on an assumed maximum normal pool of743. No finish floor levels (base or first floor levels) will be constructed lower than 147.11 (two (2) feet above the IOO-year flood level). An overflow pipe will be installed and connect to the Hazel Dell Road stonn sewer system. This overflow pipe will have an invert elevation established at the IOO-ye4U' flood level of 74S.11. The banks of the pond will be stabilized and protected from erosion using various measures. In areas where the pond is to be f1lled. the banks will be "laid back" to 4: 1 side slopes with suitable well compacted material "bencbed" into the existing slope. Other areas will be tteated by either removing loose erodable soils and replacing with compacted stable material or using rip-rep in combination with erosion control blankets to establish adequate plantings to prevent future erosion. Final development/construction plans with details and specifications for the methodologies noted above will be submitted to your office for approval prior to the start of any construction. 3. COMMENT NO. 3: When the water level in l~ pond is al its lowest eJevallon. is the water deep enough to provide a good aquatic environment? Yes. In 1999 when we field surveyed the site the pond elevation was found to be at 131. This is the lowest elevation we have been able to determine for the pond. At that time we also surveyed the bottom elevation of the pond. The pond bottom elevation was found to vary from elevation 7IS to elevation 720 providing more than adequate depth for a healthy aquatic environment. 4. COMMENT No.4: I believe a 404 Water Quality Permit from IDEM may be requiTed b,~ this pond can be filled or altered What is the $ttltus of a 404 permit? We are aware of the fact that a 404 Water Quality Permit may be required from IDEM. When primary plat approval is obtained we will make application to IDEM for the certification. If you have any questions or additional concerns please feel free to contact our office. Very ttuJy yours, American Consulting, Inc. cm.J,C.~ Mark C. Harris. P.E. Executive Vice President MCH:ah cc; Jon Doboslewicz - City of Carmel Bill Wendling - Campbell Kyle Proffitt Matk Stout q:\cmp\mch\9901S6-001.doc TOTAL P.03 1_- SEP~~7-2001 17:14 3175430270 P.01 A~~R.~ICAN CONSULTING INC. ~ 0 AMERICAN CONSULTING, INC. i II Architects 'I) Con~ultants , Engzneers 7260 Shade land Station, Indianapolis, IN 46256 (317) 547-5580 FAX: (317) 543-0270 info@amercons.com TELECOPIER COVER LEITER A.C.E. project No.: A.C.E. Project: Please deliver the following pages immediately to: Name: Jon Dobosiewicz Company: Cannel - Department of Community Services Fax number called: 571-2426 Date: September 27,2001 From: Mark C. HatTis Total number of pages, including cover letter: 3 Telecopier operator for this transmission: MCH IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE, USING THE TELEPHONE NUMBER LISTED. Comments: Jon - Here is a copy of our response letter to John South with Hamilton County SCS. If you have any questions please call. Mark mch\document3 . __ I. I .~- I' I I .-\ 4 I, }, tr J "- Q ~ 'f to CD ~ 15' to 3 0> to CD !'> 15' to f\\ ~~i I" L ~ - \ ~ .....~ tOf ~ M.. 15' (Q :-:'" r ,,~~'.:' , ~,\, t.,:\~,~ ~ \'i 'L\ ?, ,:;:'.; 'r:, I~<l~ ~~)/ "~"'_""fi:'l ~! \~~~~\ \jl.'P~lJ.'~: '.'I~,"'1tJ' ,..C) '-f1.~~~ I I} ~~{,~?:.: "" i>'r^,\I~'~}:. ~~., '~ t l '\\ i r ~ \ ~ .. .. .... f~~1 ~.I: i r . \ 1 \ '''''oi 3 /t<f 0> . ri., ~~ ';', ~ ~~~\i ~" j 4... 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I willtry to.make clear my thoughtsandcohcems. ' .' Th~ IJSDA-NRCS SoilStirvey of Harni1tonCOlmty,'sh~ws thissitetohave an Orthentssoiltype~ This soilisanunknown mixtureofcgts or fills: The soil 'ri1~teriaFcoh1a;'~e"poo~l)':~c~~l'aqtedc:Vvith Il:UUlYi!V,oj~s"q~..~~,:,e Rr~~Ci,4.e,bris .,", "~~edbeheatli:that:c~uld ~~USe\Settlitlg inthe.fllt~,l:\1'he,' ~aterialmay al~o be . ~ell~qoihpaCtedfill tliatis sui~ble for, thisp~oject.l,reconlliJend ,that a ' soils' (investiga#on be'~ol;1ducied to~akesure that the ;soil co.riditfons'ai-e suitable for . the prop'Qsed project ' '" " ' , ' , " , .," , ' , ,. -'. . '.'There are several housing developments on the east side of Carmel that have . po,q,ds with low, water levels because of P90r soil cond~tio~s ora dropping water ~ble. Plum Creek North, ,Lake Forest, Haverstick ~dl Spring Creek are all ' ' developments that have or had ponds with a loweredwater leveL These home()Wriers~purc~lased lots v.'ith threxpectationofa nice pond and.have. something less than that. Changes in' the gt9und w~ter table that affected these dev~loPlI!ep..ts .must nQw be anticipated so future lot oWners are not left with a similar problem. The plan for this development i~ to, let the pond's water elevation fluctUatewithch.anges in rainfall ~d, ground water table. 'The surface elevation iil 1971 was,746.6 and was'estimated to be 743.0 on the 2000 version ofIDS . (county GISinfonmition).This drop of 3.,6 feet has made a significant difference , to' the stability, . appearance and, erodability of the pond banks. The banks of this firiishedpdnd' need to b~stable, safe and Jree'o(soil erosi9D: .when the water !el~vation is high:oi'low. The devel6pe~ ne~ds to '~~;~ess how rilu~h tl;iy water 'elevation' is :likely,to' cliarige and-proyide a 'pl}ui, to, proWct, t~e ponq panks., , .>:.~~~.:_; Lp: ) ,'I ", .' -, 'dr.\ t..., J.':: I'.' .l,~~ _.' (~-.'; ': :~.' I! t:, ~ ',-.('"'.:.: ' CONSERVATION ~ DEVELOPMENT ~ SELF-GOVERNMENT , "AN EQUAL OPPORTIJNITY EMPLOYER" j_ - - ~.ai (. \ CD o , L /' , \ ,', . \ '- ,',' '.:- -, ".,,' , _ .-'- :."' ,'j, ':' '- ' .~ When the water. elevation in the pond is atits l()westpr,oj~cted elevation, is the ' "'water~eep en()ughtoprdvide a goo(faquaticenviro~ent? : , ' , ' ' , '.. r " , '. Ibelieve~ 404 Water Quality Renriit fr?mIDEM may~erequir~dbefore thIs' pond can be'. filled and.altered: Whatisthe.status,ofa'404 permit? -,' , Should you have questions~oncernj.ng these cOmments: please contact me. :' ',' -, _ ~ !', . \. _ , ~ I'" ~,- '_,' _; .,' '." -- -.-' , -,' ' , J " ...Si.ncere. ly, >0.... .#I.... '.......,. 02 /3d~ ' '4;:B.south ' . .', " ,Cc: 'A!nericanCopsulting," . 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K~ E:L. - r)p~L.,1o) iE ~ _.~ -- "! ? fVT' tL\ c.€.. - bo"'.~ ~tcTA4IE ~ . 4. (Lo~ H ~l1(:X. - -'b\l- ;~~~..~~. ! , - -~'"" ~ "* ft-."""~ of ~_.s_L'~__ i - - -:Jt;>p, 0 .M_~_O~_~_"T IN!i"_ q,~b tPc>~$_... [__H MR.,_ ,~~..:~ --~; C>~S ,~n_~::S__~===~=_-_::-_ u l 'j . L ---- - .~-- "--- --._- ~t-~ C-"I) ""'~, S-$I ~ -~-- -- ------ .-.- - -:Ib~.~v &1::>", I_~._C>~ ~~~ ~ In- ES____-'-.____ '-- i --------- -.-.-.----,..- _0_____ _'___"'n~ ____ _.,'_. _ .--- -- ------ ----- -~---- --- - -------~_.- . ---- ,.- -'. ._- - -,- ......- . - "~ .'~ - . ~ , ' _.- t__~_____,_____. ------ .-.- ....-"~ ---->--- --- I . . , ;.~ < . ----- ._----,--~------ -'--~--~----~------- --------~----- 'h - ---- ~------ - --- .- -~-- -:,1 -------- ------.--- - --- -._- -- ----- -~ - --1 ---I --~ r u o ~ HAZEL DELL POND August 21, 2001 To: Planning Commission Members Zoning Questions: This property was originally zoned R-2, now it is zoned S-2. R-2 is much more strict than S-2. When was it changed and why? Hopefully it wasn't to make it easier for the developer to qualify his plans. These plans create row housing and places a road not only in front of the Brookfield homes but practically in the back yards also. This is against Carmel zoning laws. The builder is trying to get by this through a loop hole. Since it is a different developer he can build it, but once it is built it is illegal. Should such a loop hole exist. If it were the same developer that built in Brookfield they would not be able to do it. Also a copy of an old Planning Commission Agenda and the New Agenda are attached showing the zoning changed somehow from R-2 to S-2. It is the same property, they closed the original file and opened a new one. Thank you. ~ Al-so ~+h~--c.led ,+k ~le- ~~1"'-1 ~~ ~yl;Ce4iOJ1 ~ 'i1h.~ ~-01 ncv (~~) (', '-.. t'~ U Q City of Carmel Plan Commission revised August 9, 1000 The Executive Committee of the Plan Commission will meet at 6:30 p.m. in the Caucus Rooms, 2M Floor, City ~ to discuss general administrative matters. J\senda A Call Meeting to Order B. Pledge of Allegiance C. Roll Call D. Declaration of Quo rom B. Approval of Minutes F. Communications, Bills, Expenditures, & Legal Counsel Report G. Reports. Announcements. & Department Concerns Subject: Date: Time: Place: Regular Meeting August 15, 2000 7:00 p.m. City Hall. 2nd Floor One Civic Square Carmel, IN 46032 19. US 31-Ramps Economic Development Area; Plan Commission to review Declaratory Resolution (Resolution No. 612/00/A adopted June 2, 2000) and Economic Development Plan for property located at the southeast comer of US 31 and East 146th Street. Filed by Michael A Howard for the Hamilton County Redevelopment Commission. 2g. West 96th Street-US 411 Economic Development Area; Plan Commission to review Declaratory Resolution (Resolution No. 2000-1 adopted February 25, 2000) and Economic Development Plan for property located in the vicinity of US 421/Michigan Road. Filed by Michael A Howard for the Hamilton County Redevelopment Commission. H Public Hearings: th. Docket No. 83-00 PP Amend~ Primary Plat Amendment application for Estes Chevrolet. The petitioner seeks approval to replat North American Park, Lot 3. The site is located at 4102 West 96th Street. The site is zoned B-2Ibusiness and is located within the US 421 Overlay Zone. Note: This item is paired with Item 2h. under Public Hearings (Docket No. 84-00 DP/ADLS). Filed by Brian Newman of the Schneider Corporation for Bill Estes Chevrolet, Inc. Page 1 ONE CMC SQUARE CARMEL, INDIANA 46032 311/571.2417 , . . o o .. 3i. Docket No. 109-99 DP/ADLS; Development Plan and Architectural Design, Lighting, Landscaping &. Signage applications for Meridian Hotel Partners. The petitioner seeks approval to construct a S7,SOO-square-foot Wingate Inn on 4.066% acres. The site is located at 1460 West Main Street (northeast comer of East 131st Street and North Meridian Street). The site is zoned S-21residential within the US 31 Overlay Zone. Filed by Philip A Nicely of Bose McKinney & Evans. 4i. Docket No. 57-00 PP; Primary Plat application for Mark Stout Development. The petitioner requests approval to plat 31 lots on 23.945: acres to be known as Hazel DeB Pond lit Waterstolle Subdivision. The site is located northwest of the intersection of East 116th Street and Hazel Dell Parkway. The site is zoned R- 2/residence and is being developed as a Qualifying Subdivision under Chapter 7 of the Subdivision Control Ordinance (ROSO). The petitioner also seeks approval of lthe following Subdivision Waivers: S7-00a SW SeD 6.3.7 to plat a cul-de-sac in excess of 600 feet in length 57-00b SW SeD 6.3.19(1) to taper the required landscape easement to under 20 feet in width 57-00c SW SeD 6.5.7 to orient dwellings fronting on a thoroughfare towards the street oflower functional classification 57-00d SW SeD 6.3.6 to plat local streets with 45-foot rights-of-way Filed by Eric W. Penland of American Consulting for Mark Stout Development. Si. Docket No. 100-00 PP; Primary Plat application for Edgar & Mary E. Fleenor. The petitioner requests approval to plat 2 lots on 4.40::1: acres to be known as Sunset Heights Subdivision. The site is located on the southwest comer of Norriston Drive and Westfield Boulevard. The site is zoned S-2/residence and is being developed as a Minor Subdivision. The petitioner also seeks approval of the following Subdivision Waivers: 100-00a SW SeD 8.8 to forego the installation of curbs & gutters 100-00b SW SeD 8.9.1 to forego the installation of sidewalks Filed by David R. Barnes of Weihe Engineering for Edgar & Mary B. Fleenor. 6i. ][)ocket No. 102..00 PP; Primary Plat application for DYC Realty. The petitioner requests approval to plat 4 lots on 38 .23:i: acres to be known as East 96th Street A.uto Pa.rk Subdivision. The site is located on the northeast comer of East 96th Street and Randall Drive. The site is zoned B..3Ibusiness. Filed by Charles D. Frankenberger of Nelson & Frankenberger for DYC Realty. 7i. Docket No. 110-00 PP Amend; Primary Plat Amendment application for Kenneth B. & Donna E. Evans. The petitioner requests approval to amend the boundaries of Parkside ViU<<ge Subdivision, Section 2, to exclude Block H. The site is located at 44 Wtlson Drive East. The site is zoned R-4/residence. Note: This item is paired with Items 8i. and 9i. under Old Business (Docket Nos. 111-00 PP Amend and 112..00 PJI). Filed by David R Barnes of Weihe Engineering for Kenneth B. & Donna E. Page 5 ONE CMC SQUARE CARMEL, INDIANA 46032 . 317/571.2417 u o City of Carmel CARMEL/CLA Y PLAN COMMISSION AGENDA AUGUST 21, 2001 7:00 p.m. City Hall, 2nd Floor One Civic Square Carmel, IN 46032 The Executive Committee of the Plan Commission will meet at 6:30 p.m. in the Caucus Rooms, 2nd Floor, City Hall, to discuss general administrative matters. A2enda Items A. Call Meeting to Order B. Pledge of Allegiance C. Roll Call D. Declaration of Quorum E. Approval of Minutes F. Communications, Bills, Expenditures, & Legal Counsel Report G. Reports, Announcements, & Department Concerns H. Public Hearin2s: 1h. Docket No. 50-01 CA (Commitment Amendment): 1437 Keystone Way - Victory Beauty Systems Petitioner seeks Commitment Amendment approval to permit an additional sign. The site is located at 1437 Keystone Way, northwest of the intersection of Keystone Avenue (US 431) and 116th Street. The site is zoned B-8. Filed by Kevin Miller of Action Sign Company for Victory Beauty Systems. Note: This item paired with Item lj under New Business 2h. Docket No. 52-01 PP; Hazel Dell Pond Petitioner seeks approval to plat a thirty-six lot subdivision on 23.95~ acres. The site is located northwest of East 1161h Street and Hazel Dell Parkway. The site is zoned S-2 Residential. The petitioner also seeks approval of the following Subdivision Waiver: 52-01 SW sea 6.3.7 >600' cul-de-sac Filed by William E. Wendling, Jr. for Mark Stout Development, Inc. Page 1 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 ... . :: QpLICATIONY'OR o PRlMARY PLAT (OR REPLAT) Fee: $700.00 plus $35.00 per lot ($560.00) ~. ~ DATE: .4/]f:~~ DOCKET NO. - IIi;':! . The undersigned agrees ttIDIi"rqlnstruc. tion, reconstruction, enlargement, relocation or alteration of structure, or any charT~e in the use of land or structures requested by this application will comply with, and conform. to, all applicable laws of the State of Indiana, and the "Zoning Ordinance of Carmel, Indiana. 1980", adopted under the authority of Acts of 1979, Public Law 178 Sec. 1, et seq, General Assembly of the State of Indiana I and all Acts amendatory thereto. DouglaS B. Floyd for Mark Name of Applicant: Stout ~veloprent, Inc. Phone No. 773-9013 Address of Applicant: 970 Logan St., Noblesville, IN 46060 Name of Owner: Mark srout Develqprrent r Inc. Phone No. 895-6686 ~- nV \ 0\ Legal DesctlpUon: (To be typewritten on separate sheet and attached) ~ 1\.:\"",\ Area (In acres): 23 _ 945 Number of Lots: 36 Length (In miles) of new streets to be dedicated to public use: . 63 Name of Subdivision: Hazel Dell Pond at Waterstone Surveyor certifying plat: Arrerican Consulting. Inc. Address: 4165 Millersville Rd. Indpls, IN Phone No. 547-5580 -**_.******.**........**.........***...**-******._*.*.....**.*....***"'...ST A TE OF INO lANA, COUNTY OF HAMIL'roN , SS: The undersigned having been duly sworn, upon oath says that the above information Is true and corr~ct as he or ed b ve SIGNATURE OF APPLlC Print: Douglas B. Floyd day of Mav I 20 01 . ~~~~buN.l"~ Notary Public . yn L. Bussen Subscribed and sworn to before m My Commission Expires: J O-'27-200e ....................................*********.........****.................... 5.1.10 ADolication for Prlmarv Plat. Two (2) caples, or more if necessary, of the primary plat and of the construction plans together with supporting documents shall be submitted to the Director of Current Planning with this application. These Dlans to be distributed to all Technical Advisorv Committee authorities bv aDDlicant. FEE: Received by: s:\ptancomm\appllctn.pc\primplat.apx , , . u o i! SUBDMSION VARIANCE REQUEST APPLICATION (Submit two (2) copies) Contact Person: Douqlas B. Flovd Telephone No. 773-9013 Address: 970 Logan St., Noblesville, IN 46060 PROJECT NAME: Hazel Dell Pond At: WAtATf:ltonA PROJECT ADDRESS: 11700 Hazel Dell Parkway APPLICANT NAME: Douglas B.. Flova. for Mark Stout ADDRESS: TELEPHONE: 970 Logan St., Noblesville, IN 46060 . 773-9013 Section (Section Number, Page, Item) of Subdivision Regulations for which variance is being requested: ' ~.3.7 State explanation of why variance is being requested: Prooosed F.nt:ran("lp- 'to Rnhniv;R;on ...l;gnR wiTh CTO!':RnvAr on H.::I7'pl T')pll nedi.an State reasons supporting variance request: om;nAnr-A ~T';lInnAm ~n1"n hA a:a+;c=-F;~n ~p ro.'I""\,......::t+;n~ on~.....=n.."....A +-n (:""..+h but: alig:Jle11t with Hazel Dell croosover would be lost ~ . . ,.,.". ,,' --.. - ~ . .- Ptesent zonmg: R-2 '--~.~ n -,. r 'i=~ ~ J{, \ j~ I _ 19nafur l(. roperty er r' TInS APPLICATION MUST BE SUBMITTED AT THE 1Th1E OF THE PRIMARY PLAT APPUCATION. VARIANCE REQUEST MUST BE INCLUDED WITH THE PUBLIC NOTICE FOR THE PRIMARY PLAT. $ APPLICATION FEE S:\carmellanduseregs\checklist\subdivwaiverapp 1/1 112000 ~ o o . ,. ~ L,AND D~SCR.IPTION: A part of the East Half and a part of the West Holt of the SQuthe<lst Quarter of Section 33. Townthip 18 North. RonQI .. Eoat, Hamilton County. Indiana, more portiQ,Jlat1y dacribtd 01 followl: Cammeneinq at t!'\e Southeast Corn.rof the Scutheost Quarter of said Section 33. Township 18 North. RQI'\ge 4 East; then,. North 89 degrees 42 minutes 50 sectlllds West (o$SUmed bearing) 1322.90 feet along the South Une of soid Southeast Quarter to the Southwest Comer of the East Half of said Southeast Quarter. said point being the midpoint of the South Line of soid Southeast ()Jorter CI'lC the southwestern corner of a tract of land granted to Randolph O. and Uiehaelene Martin ('\fartinj in Q Warranty Deed, recorded OS Instrument Number 8819~~ in the Office of the Rec:orl1er of Hamilton County, Indiana; thence North 00 decyees 01 minute 19 seconds West 268.00 teet along the West line at soid East Holf to Ute northwestern cC(ner of said .Wertin" tract and the POINT ~ BEGINNING of this duc:ription; then~e continue North 00 degrees 01 minute 19 seconds West 2174.4-4 feet along the West Une of Soid East Haff to the southeastern corner of 0 troct of land 9ronteo to American Ag9r19Qtes Corporation ('American"), said camer lying 200.00 feet (measured southerly in 0 perpendiculor direction) from the North Une of said Southeast Quarter; thence North 89 degrees 51 minutes 19 seconds West 1326.76 feet a1on9 the southern line of scid "Amerlc:Otl' tract Qnd porallel .ith sold North Une to the West Une of the West Half of scid Southeost Quarter; thence North 00 degrees 06 minutes 40 seconds West 200.00 feet 0101'19 said West Line to the Northwest Corner of soid Southco$t Quorter: thence South 89 dellrees 51 minutes 19 seconds Eost 1.'327.07 feet along soid North Line to the Northwest Comer of the East Helf of said Southeost OYarter, soid point being the midpoint of the North Line of soid Southeast Quarter; thence continue South 89 decyees 51 minutes 19 seconds East 732.07 feel olong soid North Line to the nertl'".,estern comer of a 12.16 ocre troct os recorded In cn Affidavil by Bertha M. Ir..in ("INrin"). recorded as InstnJmenl Number 9024929 In said Recorder's Office: thence South 00 dl9"ees O. minutes 08 second$ West 138.40 feet 010n9 the western line of said "Irwin' tract ond parollel with the East Line of scid Southeast Quarter to the western ri9ht-of-way line of a 10.164 acre tract of lond gt'QI'Ited to the City of Carmel, Indiana. known as Parcel Na.1E ("ParCel 1 E"), recorded os Instrument Number 9709749368 in said Recorder's Office (the feUo..int; two (2) courses are 010n9 the western right- of-way line of said "Parcel1E'); (one) thence Soul., 24 deqrees 59 minutes 17 seconds West 1044.61 feel to the point of curvature of a curve concave to the east. said point of curvature lyin<J North 65 deqrees 00 minutes 43 seconds West 1994.86 feet from the radius point of said curve; (two) thence southerly 1319.17 feet along said Cl,Ir'\o'e to 0 point Iyinq South 77 dellrees 05 mlnules 58 seconds West 199..86 feet from tne radius point of ,aid curw end lyin9 North 89 degrees ~2 minutes 50 seconds West 9.19 feet from the northeastern corner of said '\6artin- tracti.thenee North 89 deqrees 42 minutes 50 seeands West 153.35 feet 010n9 the northern line of said Mortin' tract Qnd parallel with the South Line ot said Southeast Cluarter to the POINT OF BEGINNING eontoinlng 2.3.945 oeres. more or less. w o Hancock, Ramona B Subject: Chomanczuk, Jerry [JERRY _CHOMANCZUK@Conseco.com] Monday, August 20, 2001 2:40 PM 'Banker@NetDirect.Net'; 'Kbroach@Woodmaclaw.com'; 'DavidC@WindowsandSiding.com'; 'Ldierckman@aol.com'; 'mfitzger@ccs.k12.in.us'; '1f1an621@aol.com'; 'Whaney1393 @aol.com'; 'RFHouck@Lilly.com'; 'icacep@in-motion.net'; 'dkk49@hotmail.com'; 'patr@kiva.net'; Sharpe, John; 'WAWilson@aol.com'; 'rhancock@ci.carmel.in.us' Hazel Dell Pond #52-01 PP From: Sent: To: After numerous delays, rejections and revisions, the above referenced development will once again be surfacing before the Plan Commission for review. Developer Mark Stout has addressed the traffic/safety issue by introducing elongated cul-de-sacs (variance requests) into his design. He has not satisfactorily answered to concerns posed by the city engineers and the adjacent communities. These concerns (on record in the docket file) include: - Additional soil testing due to a "disturbed soil" status. -Identify impact on water levels in adjacent ponds (Founders Park, Flowing Well etc.) - Address Carmel/Clay School Bus concerns for maneuvering in long narrow cul-de-sacs. - Impact of the elimination of green space and wetland areas. - Concern of building housing units with such proximity to a major gas main. - Sewer connection. Neither neighboring homeowner's association has granted any easements...Installation of inferior "grinders" is a strong possibility. The city leaders have often expressed their commitment to preserve the aesthetic integrity of our neighborhoods. The Hazel Dell Pond project challenges the Commission to allow the development of sub-standard size lots and housing units. Permiting developers to deviate from accepted standards will encourage others to make "something from nothing" and further downgrade the bylaws and building codes established to protect against this type of project. We kindly request the Commission - to reject the variance requested and refer it to sub-committee for additional evaluation... ....thanks. Jerry Chomanczuk 5208 Lake Point Drive Carmel IN 46033 1 .-.._. - .1. Q u CITY OF CARMEL Department of Community Services One Civic Square Carmel, IN 4E032 (317) 571-2417 Fax: (317) 571-2426 Fax To: \U- W ~f:;::)'-. ~c....... From: Fax: ~~.:>_ g ~ ~ T') Pages: Phone: ^ Date: Re: 5~-D' ?-=r I l~I\')..l&"L.. W ()~j)CC: ) - ~-\S;-~ \ o Urgent o For Review 0 Please Comment 0 Please Reply o Please Recycle f-\.... ~"- <;.. '\ ~ \:ll ~. Q... 1^v\\~ D ~, ...................., ~~~<>~, r') \~ ~~ i \ \ ~ < '-D' ""U To: Distribution: Marilyn Anderson Kent Broach David Cremeans Leo Dierckman M. Fitzgerald L. Flanders W. Haney R. Houck N. Kestner D.Knoll N.Meighen P. Rice J. Sharpe P. Spranger W. Wilson R. Hancock Regarding the proposed Hazel Dell Pond at Waterstone Project, please note that the elimination of remaining green space and the plannned reduction of existing wetland will severely impact the quality of life in the adjacent com m unities. Please do not allow developer M. Stout to increase the density in an area unsuitable for additional housing. Reject the Hazel Dell Pond at Waterstone Project: 52-01 PP Concerfled residents of Lake Forest and Brookfield subdivisions ~> tl/lbfj ~ " ,,</~I) bOCJ1 ~ IND/ANAPOUS BUSINE.SS JOURNAL · JULY 2-8, 200 I · 17 A Qpinions Counties exchanging green for green? Several weeks ago, a few pro- testers gathered in ,Steuben County as Lt. Gov. Joe Kernan appeared at the annual northeast Indiana promo- _ tional confer- ence at Pok- agon. The, demonstrators warned against trading green for green. The lieutenant governor tried to defuse their arguments by presenting an award to a local company for exemplary environ- mental responsibility. Many environmentalists have been successful in raising our awareness of their rational con- cerns. But our insistence that envi- ronmentalists are a homogenous. too-of ten-irrational group has led us to believing their causes differ from our own. Not listening to them is our mi$take. No place reflects this mistllke better than Steuben County in the northeast corner of our state- where Indiana, Ohio and Michi- gan meet, where the east-west Indiana toll road crosses Interstate 69 between Fort Wayne and Lans- ing, Mich. Steuben County has been a magnet for growth because it offers excellent highway trans- portation with superior proximity to major markets, good land pre- pared for development. a diligent . work force and remarkable home Eye on the Pie Morton Marcus . . Today's home buyers, it seems, would rather have a shower stall suitable for an entire basketball team than a property with new trees giving promise to future elegance. sites on many beautiful lakes. Steuben was the seventh-fastest- growing county in Indiana in the 1990s. with a 21-percent increase, nearly 5,800 people. The commercial growth along North Wayne Street is the most visible aspect of this growth. Angola now offers major chain stores with greater variety and lower prices for consumers who previously might have gone north or south for their shopping. North Wayne has been widened and given traffic lights, turn lanes and all the customary facilities' of a major shopping thoroughfare. Yes, all the customary facilities ,have been provided. but none of the amenities that would make shopping in AngQ13,,"pleasant as well as functiorml. Here again, Hoosiers missed a chance to achieve excellence. Here again, city leade~ in the private and pub- lic sectors have failed to demon- strate an understanding of appro- priate development. Of course, this street is not signif- icantly different from North Key- stone Avenue locally, North Street in Kendallville, BaldwinIWestem in . Marion, Scatterfleld Road in Ander- son or wherever you shop. Where are the trees along the street. in the parking lots, shading sidewalks . connecting properties? Where is the I~dscaped boulevard median? Is there a sign ordinance to reduce commercial clutter? Were these commercial properties given' tax abatements without landscaping requirements? , , Urban shade trees may be the simplest, least-costly economic development investment a com- munity can make. Often the differ- ence between homes that look inviting and those that are prosaic is the presence or absence of large shade trees and attractive land- scaping. Hamilton County is an example', of the best and worst in recent urban landscaping efforts. This wealthy suburban county is little more than an endless plain of opu- lent homes rising from converted farmland. , Today's home buyers, it seems, would rather have a shower stall suitable for an entire basketball team than a property with new trees' giving promise to .future elegance. The best parts of the county are . the older sections of Carmel and Noblesville, where trees shade more modest homes. Yet Hamilton County does have a new, beautiful, highly efficient roa~way,' Hazel Dell Parkway, that is a credit to enlightened land use. . There' are other examples of good development hi Indiana. 1'0 see just one, park in the shade of the 'trees behind City Hall in Columbus. Those trees are a testa- ment to good planning and wise civic inves~ment. ", The tasks of economic develop- men't are to provide improved opportunities for workers, increased options for consumers and an enhanced environment, both social and physical,- for all citizens. TJ:Ie market will respond' , with Illore consumer options, if higher incomes are available. But it takes far-sighted leadership td protect, preserve and enhance our social and physical environments; The great seal of Indiana shows a bison running away while a man is chopping down a tree with the sun on the horizon. Is that sun set- ting or rising? If we do not reverse our course and plant hardwood trees, if we do not heed the higher aspirations for our society voiced by most environmentalists, we may be following that bison to exile and possible extinctio,n.. Marcus is an economist at the .Kelley School of Business, Indiana University, Bloomington and Indi- anapolis. He can be reached via e- mail at mmarc.us@ibj.com. . ...~.~.\:.l.._-.. '~,... - ,g o 'r.~:.;.~~~...:-".,~.; _;-'~" u -" u Hancock, Ramona B Subject: billmar@iquest.net banker@netdirect.net; kbroach@woodmaclaw.com; davidc@windowsandsiding.com; Idierckman@aol.com; mfitzger@ccs.k12.in.us; Iflan621@aol.com; whaney1393@aol.com; rfhouck@liIly.com; icacep@in-motion.net; dkk49@hotmail.com; patr@kiva.net;john sharpe@conseco.com; wawilson24@aol.com; rhancock@ci.carmel.in.us 8/21 Carmel/Clay Plan Commission From: To: TO CARMEUCLA Y PLAN COMMISSION MEMBERS FROM: Bill Marshall, 5246 Lake Point Dr, Carmel, IN RE: Item 2h. Docket No. 52-01 PP; Hazel Dell Pond, by Mark Stout Development, Inc. I am a Lake Forest resident in opposition to the referenced proposal slated on the Carmel/Clay Plan Commission agenda for 8/21. This note is to state multiple concerns and objections that have been expressed last year but not addressed by the current plan and were in part reasons why the plan was rejected last year by the Subdivision Committee. Based on these objections that have not been resolved, others to be expressed. and on behalf of adjoining neighbors objecting to approval of the current plans, I request the Plan Commission to vote rejection of the current proposal at the 8/21 meeting and not allow this item to be forwarded to the Subdivision Committee at this time. 1) Population density is still not consistent with adjacent neighborhoods. There was no attempt to reduce the number of lots and in fact they were increased from 31 to 36 lots, or from 2.0 to 2.4 lots/acre on the available land. The number of lots was a major concern of the adjoining neighbors and input from neighbors for this new plan was not sought out. (2) The average lot size for 12 existing lots on Lake Point Dr. adjoining the south side of the proposal is 20,190ft2. The average lot size for 12 lots in the proposal adjoining Lake Point Dr. is approximately 11,900 ft2. or 41 % smaller. (3) Multiple major negative impacts on adjoining property values. There has been no response or resolution to the fact that the proposed development is in an unusual shaped property, undesirable access locations, has awkward designs in order to avoid a main gas line, creates a roadway in the back yard of adjoining properties, significantly reduces the trees in the area, includes filling in portions of the pond to create more lots, may negatively impact adjacent pond water levels, unknown soil contamination from prior use, and home sizes may be allowed to be as small as 1,800 ft2. These and other issues will reduce existing home values and will negatively impact the ability of homes to be built and sold in a timely manner. Anyone of these issues may not be significant but together they will have negative impacts. I have not heard of anyone interested in building a home on this land and another concern is that the same experience the current land owner had may be repeated with each potential home buyer. The price may have to be significantly reduced to attract buyers as was the case when American Aggregates put the land on the market in 1999. They eventually reduced the selling price approximately 60% in order to sell the land to the current owner. 1 _J.__ _ _ _ _ _______ u u CITY OF CARMEL Department of Community Services One Civic Square Carmel, IN 46032 (317) 571-2417 Fax: (317) 571-2426 Fax To: ~<..o ~ L<> 'I D Fax: fl ~ ~- d.. ') d.- ~ From: ~~lJi~~ ---. ~ Pages: Phone: Date: j"-I ~-~, Re: cS ~ -<::) 1 P-P cc: o Urgent o For Review 0 Please Comment 0 Please Reply o Please Recycle ~L-,\ ~\ ~ '"'Y~ r'l ~I i<j ,. ~ :~~ ----- --- o -- ~~'~===--: ~--~ , ~----- ~ 5222 Lake Point Drive Carmel, IN 46033 July 9, 2001 Re: Lake Forest Homeowner Concerned About Hazeldell Pond Subdivision Docket No. 52-01PP AND Docket No. 52-01ASW Dear Ramona Enclosed please find a copy of my previous letter concerning Mark Stout Development and Hazeldell Pond. I am still truly mystified how anyone could believe building houses in someone's BACK ALLEY is a good idea! All one has to do to reason this out is use the fundamental rule of marketing: LOCATION, LOCATION, LOCATION! I hope each member of the current Plan Commission will personally walk this stretch of land and ask yourself if this is a place you would choose to build or purchase a house. Especially when you consider all of the other residential development taking place in the area. I am keenly aware of the Plan Commission members exhausting jOb and lengthy hours. Please accept my heartfelt thanks again for your time and consideration of this matter. My sincere hope is that you will bring this to a conclusion so we can all enjoy our homes and our neighborhood for many years to come. Respectfully, Marianne Ambro (317) 844-3794 '" "\ / / Sometimes things happen which turn out to be for the best, though we may not realize it at the time~ When the communities of Lake Forest and Brookfield at Waterstone were being . developed, the dirt path and green areas between were still k, owned and being used by __Americ.an Aggregates. This created a very natural break between the two communities; instead of the all too common house on top of house of today's commercialized neighborhoods. As I read the article in the May 2000 issue of Indianapolis Monthly titled "Real Estatel The Carmel Core" what Mayor James Brainard said hit home: flI was fortunate enough to live in a small town that I could ride my bike around." The article stressed the mayor's view on the importance of having green areas not just for today, but for years to come. This immediately brought back memories for me of two summers ago. My nephew had been riding his bike with my mother (Grandma) around the neighborhood when he discovered a "secret path." He couldn't wait to tell me all about what he had discovered and wanted me to come riding so he could share his and Grandma's discovery with me. With all the stress and tension of daily life, this is a rare gem of a fond memory. Communities start with homes and families. Our nei.ghborhQod has been sadly divided over the issue of Mark stout acquiring this "secret.path" and planning to dev$lop. it .. with a rOw of houses facing the backyards of \ lrookfieldOoM'Unity. This in turn means a street in . front of and behind. their' homes. PLEAS.iOONOT ALLOW Mark stout OR ANYONE, to destroy thi..tmi.q,ue:-natural environment tor both co~unities ofendurin.g natural beauty and lasting value for what would be his short-term capitalization. Thank-you very much for your time and consideration of this matter. .. CD 522~Lake Point Drive Carmel, IN 460)) May 8, 2000 Re: Lake Forest Homeowner Concerned About Hazeldell Pond Subdivision Docket No. 57-00PP Dear Ramona Sincerely, Marianne Ambro ()17) 844-3794 u o 1:m-~~":m:<<:::>>::m:;;::_>>~~i&~:=::-<<::t~:~~::w..::~y-::::~~==*~s:-:,:::::::t.:-r:t:s:"S"..:s:;:::::~::::l:":'-::::::::-c::m~~~l~::::===*~"*:::::S:-;-::::;-:::::~~~S:~.::~~:!:~~::::::::-':::'-::~:::t.::::**"-s::::::-':">>~$:~~::::~::::- Ramona--please forward to the Carmel Plan Commission members I am unable to attend the July 17, 2001 Carmel Plan Commission meeting so I would like to submit my objections in writing. I reviewed the application made and rejected last year and the current one only offers one Improvement over the previous application, but that is offset by the additional two significant problems with the plans that will be more costly than before to Lake Forest and Brookfield homeowners. Also, it still includes a road (Canyon Creek Run) virtually directly in the back yard of Brookfield homes that violates Carmel development rules to not approve adding a road with out a lot in between. The 10' landscape non-easement and utility easement Is a cheap shot and loop-hole used to squeeze in the homes to get around the rule and that should not be sanctioned at our expense. (This was also a strategy of last year's application that was rejected July of last year and should not be approved now.) The single Improvement is the traffic reduction by separating Lake Point to Hazeldell and I can support that change. However, in doing so there were an additional 5 lots added to the plan and the 36 lots are significantly smaller than before. These homes if the lots are approved will be much smaller and less desirable than current neighbor's homes and some lots will be built on the lake using till matenal in order to get more lots out of the development for Mr. Stout and not because it is desirable, or in the best interest of the use of the land. The proposed homes on lots squeezed between Brookfield and Lake Forest can not be of standards similar to the existing homes because the land has odd access, is squeezed between three developments, the lots will be an average 1/2 the average size ofthe existing neighbor's lots, and it will be a difficult area to build 14 desirable homes within the 6 acres in addition to adding a street. A reasonable number of homes in this area plus a street is 6 and I can support plans for 6 or less homes. Mr. Stout is making every effort to "jam" in as many homes as possible in order to maximize his profrt at our expense. This will bring down the value of all homes in the vicinity. It is my impression that Mr. Stout is not concerned with interest's of the surrounding neighbor's, as he has made no effort to seek our concerns or contact us to discuss his plans at all. Our history and experience with Mr. Stout has been negative and there is no reason to expect this to improve when no efforts have been made over the last year. Please do not approve this application. Thirty six homes built on an oddly shaped land, squeezed between the neighbors, with unusual access, in an undesirable configuration, is not good business sense, but it is a low risk venture for Mr. Stout considering the land was sold for a very low price. I have heard of no person bringing positive comments or desire for this plan to go forward and that is another indication there is no support for this venture. Thank you for this consideration. William Marshall 5246 Lake Point Dr. Carmel, IN 46033 I ...'~ J - . . 'i.,l; o w REMONSTRANCE FOR DOCKET NO. 52-01 PP and DOCKET NO. 52-01 ASW Presently Scheduled for July 17, 2001 Meeting Members of the Carmel Plan Commission: I am filing this written opposition to the above petition so as to allow members to review my position prior to petitioner's presentation before the Commission. This will allow me to present more detail for your consideration than I could present at the public hearing. As I imagine each member of the Commission remembers, this petition is essentially a refiling of 57-00 PP, which had a pUblic hearing in June 2000. After being unsuccessful in his attempt to gain a favorable Special Study Committee review, petitioner withdrew his application late last year. Petitioner has since, apparently, lost his partner from last year's filing, Timothy Paschal, and retained an attorney to assist in this new filing. Initial review of petitioner's new filing shows minimal difference between the new and former filing. The readily apparent changes are: 1. Increasing the number of lots from 31 to 36. 2) Adding 2 cul-de-sacs along the east side (Hazel Dell Parkway side) of his proposal, apparently to gain the extra lots. 3) Deleting the roadway connection between the east and north sides of his development. Members might recall, and a review of the minutes would show, there was enormous opposition to this proposal last year. In fact, no one other than the petitioner and his representatives spoke in favor of the proposal. The issues raised by remonstrance at last year's hearing still exist. They are within the knowledge of petitioner, and he has made no contact with residents of my development, Lake Forest, to address our concerns. As I stated last year, although we are opposed to this development, we will offer alternatives and solutions, should the Commission vote to approve petitioner's application. 1 " (D Q The objections fall into the following issues, each discussed separately: 1) Soil Issues: This land has been labeled "previously disturbed" by Mr. John South, Hamilton County Soil and Water Conservation district. I direct your attention to his letter in the file, file-stamped May 25, 2001. His letter is essentially identical to the one he filed last year. This land was formerly owned by commercial enterprises, a gravel company. On the south side of the lake, they had an asphalt plant. This type of plant gives off hazardous and toxic wastes. Petitioner will probably contend that he has a "clean environmental", meaning he has had a level 1 soil test performed. However, the nature of prior use of a property determines what tests of the soil are necessary. This property needs a more sophisticated soil testing to determine if the prior use still contaminates the soil. Petitioner wants to move dirt and fill in portions of the lake on his site. I am greatly concerned that the integrity and composition of the soil could have an adverse environmental impact, depending on the results of soil testing done prior to digging. This issue also overlaps the next issue below. 2) Water Issues The lake on petitioner's site and the lake immediately to the west in Lake Forest were once one lake. They are now divided by a berm, made mostly of sand and sandy, porous soil. Water moves between these 2 lakes through the berm, and to a great extent, they rise and fall almost as one lake, the Lake Forest lake being higher than the one on petitioner's property by about one (1) foot. Members of the commission are well aware of the historical water level problems in the area around the proposed site, Lake Forest, Founder's Park, and the Flowing Well. Residents of Lake Forest voted a special assessment in 1999 to pump water into their lakes to keep them at acceptable levels. Petitioner benefits from our expense and work, as water we pump into the north lake in Lake Forest also raises his lake's level. Last year petitioner said he would help in this area, to some unspecified extent. In fact, when petitioner appeared last year before the Technical Advisory Committee, he told Mr. Dick Hill and craig Parks of Engineering that he would work with the neighboring subdivision to the west (Lake Forest) to fill the lake, maintain circulation, and recover the original water level. The previously mentioned letter from Mr. South speaks to the 2 " . ... oj. v u water issue also. We ask the Commission to help Lake Forest residents maintain the integrity of their lakes. Should this application be approved, we ask for commitments from petitioner to guarantee our water level and water integrity, along with financial commitments for petitioner's increased water level at our expense. 3) Traffio Issues: I see no need for Lake Point Drive to be continued into petitioner's site. He has an egress point on Windbush Way to the north, and an east ingress/egress point on Hazel Dell Parkway to the east. Lake Forest is a community of 148 lots, and we have only 3 ingress and egress points. Petitioner's site doesn't need the same number. Should the Lake Point Drive road prove to be a safety concern, that road could have a break-away barrier, accessible to emergency personnel only, not general traffic. Last year Mr. stout stated he had no opposition to leaving Lake Point Drive closed. Lake Forest residents are also concerned about construction traffic entering petitioner's site through our community. 4) General Ordinance and Aesthetio Issues: Commission members should look very closely at this site, as they did last year. The site is essentially 2 pieces of land "left behind" as the surrounding subdivisions were built. The site is not appropriate for houses. It's more appropriate for a park or a greenbelt area. Petitioner essentially wants to cram houses between Hazel Dell Parkway and Lake Forest, and between Lake Forest and the development to the north. He purchased the land at a garage-sale price, and is now trying to make a quick dollar, at the expense of the already-existing neighborhoods, I submit that Zoning Ordinance 5.1.7 speaks to the heart of the issue here. The ordinance speaks of coordination with the master plan and coordination of planned and existing streets; minimum lot sizes; distribution of traffic in a manner tending to create conditions favorable to health, safety, convenience, and the harmonious development of the city. Putting this development in as proposed is clearly not an asset to Carmel. I submit that the proposed development may well have an adverse impact on surrounding neighborhoods, both environmentally and financially, by cramming houses into a space which is clearly unsuitable. Additionally, as of today, the file contains no mention of a homeowners' association for the development, and no Declarations of Covenants, Conditions and Restrictions. How can we be sure the petitioner's architectural scheme will be in harmony with the surrounding neighborhoods? Does this mean 3 \ "'~ ., ~,," u o surrounding neighborhoods will have to be on constant alert for non-residents using their facilities? Issues raised last year by Staff and Commission members were on-point items such as: front yards facing back yards isn't appropriate; level one soil testing is insufficient; developer should get with surrounding neighborhoods more to address their concerns; no environmental report was submitted to staff prior to public hearing; and no traffic study was considered. I expect most of those concerns will exist this time. Additionally, it appears petitioner needs an easement over Lake Forest common area to connect to the sanitary sewer. He has not been given this easement by Lake Forest, nor will he be given one in the future. Finally, Mr. stout personally has taken a passive and secretive approach to his proposed development. He only contacted Lake Forest last year when he needed something from us (ie, an easement), not to be a "good neighbor" and tell us his plans, and ask what input we might have. When we had issues, he didn't address them at all. This year the approach has been the same, no contact at all. Mr. stout is not a Hamilton County resident, and rarely, if ever, builds in our county. He's coming here to make a quick buck at the expense of our neighborhoods. If one wants to get a feel for this site, all you need do is stop by on your travels around Carmel, get out of your car, walk down the site and see for yourself. What you will discover is that it is a nice place to take a walk, among the trees and between adjoining neighborhoods (especially on the north-south leg of the site). But it will all be gone if houses are crammed in there. Should petitioner request suspending the rules and voting on his application after the public hearing, I oppose same, as this situation is clearly ripe for special study Committee action. Thank you for your attention to the concerns of the residents of Lake Forest. If I speak at the public hearing, it will be only to direct your attention to my filing, not to go over the issues in the detail presented here, unless questions arise. Barry . Herndon Attorney at Law President of Lake Forest Homeowners' Association Residence: 5248 Faye Court, Carmel, Indiana 46033 4 ~. ;- o u Carmel Clay Schools - Continuing Excellence in Education June 20, 2001 Mr. Mark C. Harris American Consulting, Inc. 4165 Millersville Road Indianapolis, IN 46205 Re: Hazel Dell Pond At Waterstone Dear Mr. Harris; Carmel Clay Schools appreciates receiving the development plans and secondary plat for the above-referenced project. The School Corporation has the following comment: 1. For safety reasons, school buses will generally not be allowed to traverse cul-de-sacs except under special circumstances. Cul-de-sacs must be a minimum of 100 feet in diameter to accommodate the turning radius of our standard 84-passenger school bus. Information regarding development of new subdivisions is vital to the process of accommodating the educational needs of the Carmel-Clay community. The projected pupil growth from the subdivision has been anticipated in the long-range plan for Carmel Clay Schools. Sincerely, e~~(}. Rollin E. Farrand, Jr. RA Director, Facilities and Transportation REF/alb C: Mr. Lawrence Lillig City of Carmel Department of Community Services One Civic Square - 3rd Floor Carmel, IN 46032 Facilities & Transportation Department - 5185 East 13Ft Street, Carmel, IN 46033 317/815-3962 - Fax 317/571-9659 ;.. .. AMERICk1~ COI'\JSUL1'ING.. II~C. ./ Architects Consultants Engineers 4165 MilIersville Road, Indianapolis, IN 46205 (317) 547-5580 FAX: (317) 543-0270 info@amercons.com LETTER OF TRANSMITTAL To: Ron Farrand Carmel Clay Schools 5201 East 13151 Street Date: Project Name: Project Number: 06/12/01 Hazel Dell Pond 99-756 Carmel, Indiana 46033 Weare [8J Enclosed o Mail [8J As Requested sending you: o Separately via [8J Messenger 0 For Your Information Deliver by: o Overnight [8J For Your Review & Comment Time: 5:00 p.m. 0 0 Date: 6/12/01 QTY. TYPE DESCRIPTION 1 Copy Revised (6/11/01) Primary Plat -. Remarks: The attached plans are being submitted for your review. If you need any additional information for your review please contact our office. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting, Inc. x x Mr. Jon Dobosiewicz - Carmel By: Mark C. Harris ~' o u City of Carmel ~~~ \ y{J DEPARTMENT OF ENGINEERING June 19,2001 Mr. Mark C. Harris American Consulting, Inc. 4165 Millersville Road Indianapolis, IN 46205 RE: Hazel DeU Pond Primary PlatIReview #1 Dear Mr. Harris: We have reviewed the primary plat submitted for the Hazel Dell Pond at Waterstone subdivision. We offer the following comments: Sheet 2 of 6 . It would be helpful if adjoining lots in the Lake Forest subdivision would be identified by lot number. . Are there existing easements in Lake Forest to accommodate the water and sanitary connections? . Identify the easement on the west perimeter behind Lots 2 through 7 in Hazel Dell Pond. Likewise, identify the apparent easement across the boundary on the Lake Forest side. Also, the easement on the south side oflot 1. . Identify the interior street widths (back of curb to back of curb). . Need a D&U Easement at rear oflots 5 and 6 (along south side). 10-foot suggested. Sheet 3 of 6 . Are lots 9 through 22 and the cuI de sac to be constructed on portions of the lake to be filled-in? . Need easement in rear oflot 18, or how will drainage be taken care of? . Why isn't lot 18/19 split such that both are pie-shaped off of the cuI de sac? Sheet 4 of 6 . Please identify Lake Forest lots and easements. . Regarding lots 24 and 25, the size and location to the gas line easement make it very difficult for building pad placement. Sheet 5 of 6 . Windbush Way street width appears to be incorrect. Believe it to be 30-feet from back of curb to back of curb. . Is there an existing easement for the off-site sanitary sewer connection at the west boundary? It is not typical to see contours and level of detail as shown. Our review did not include coverage of issues relating to construction, as normally included with secondary plat and construction drawings (No review of specifics of roads, drainage, design, etc.). ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441 i. , .' . u o Mr. Mark C. Harris June 19,2001 Page 2 If you have questions, call Kate Weese, City Engineer, or me at 571-2441. SLP~ Dick Hill, Assistant Director Department of Engineering cc: M. Kate Weese, City Engineer Mike McBride, Assistant City Engineer Laurence Lillig, Department of Community Services Jon Dobosiewicz, Department of Community Services John Duffy, Carmel Utilities S:\PROJREVO1 \HDPOND -~~_~I__- v Q page 2 of2 Technical Advisory Committee Agenda June 20, 2001 11 .10 ~ m Meridian Mark-Residence Inn and Springhill Suites (Primary & Secondary Plat) The site is located on the on the west side of Pennsylvania Street 1260 feet north f- of 116th Street. The site is zoned B-8/business and is located within the US 31 Overlay Zone. Filed by Dave Sexton of the Schneider Corporation for Meridian Mile Associates. 1'.00 Nnnn Break for Lunch; 1 hour The back at 1 :00 p.rn. 1 .00 r m 1.10 P m 2.00 P m 2.10 P m 1.00 r m Hazel Dell Pond at Waterstone (primary Plat) Petitioner seeks approval to plat a thirty-six-Iot subdivision on 23.95::1: acres. The site is located northwest of East 116th Street and Hazel Dell Parkway. The site is zoned S-2 Residential. Filed by Douglas B. Floyd for Mark Stout Development, Inc. Meridian Technology Center - Household International Generator Building (ADLS) Petitioner seeks ADLS approval for a new generator building. The site is located at the northeast comer of Pennsylvania Street and 116th Street. The site is zoned B-6/Business. Filed by Robert Olson ofCSO for Household International, Inc. St. Elizabeth Ann Seton (Special Use Amendment) The site is located at 10655 Haverstick Road. The site is zoned S-2/Residence. Filed by Charles D. Frankenberger of Nelson & Frankenberger for The Roman Catholic Diocese of Lafayette- in- Indiana. Dan Young Chevrolet (Special Use Amendment) The site is located northeast of East 96tl1 Street and Keystone Avenue. The site is zoned B-3/business and is located partially within the SR 431/Keystone Avenue Overlay Zone. Filed by Charles D. Frankenberger of Nelson & Frankenberger for D. Young Chevrolet, LLC. Smokey Ridge, Section 3, Lot 63 (Developmental Standards Variance) The site is located at 13719 Smokey Ridge Overlook. The site is zoned R- l/Residence. Filed by Tim Colon of Pools of Fun for Thomas A. & Melinda Jane Endicott r~;;;2ti~m Pipeline Co. ":0: "I.' /;crnpF.m~1 Facilities invo\ved in thi<:; project ~~... i2;t;l:h- ,0.(1-0/ ,:-j,i07:j)- Date ~C- + ~c ~f- of "J ~. ." o 0 City of Carmel DEPARTMENT OF ENGINEERING June 19,2001 Mr. Mark C. Harris American Consulting, Inc. 4165 Millersville Road Indianapolis, IN 46205 RE: Hazel Den Pond Primary PlatJReview #1 Dear Mr. Harris: We have reviewed the primary plat submitted for the Hazel Dell Pond at Waterstone subdivision. We offer the following comments: Sheet 2 of 6 . It would be helpful if adjoining lots in the Lake Forest subdivision would be identified by lot number. . Are there existing easements in Lake Forest to accommodate the water and sanitary connections? . Identify the easement on the west perimeter behind Lots 2 through 7 in Hazel Dell Pond. Likewise, identify the apparent easement across the boundary on the Lake Forest side. Also, the easement on the south side oflot 1. . Identify the interior street widths (back of curb to back of curb). . Need a D&U Easement at rear oflots 5 and 6 (along south side). 10-foot suggested. Sheet 3 of 6 . Are lots 9 through 22 and the cui de sac to be constructed on portions of the lake to be filled-in? . Need easement in rear of lot 18, or how will drainage be taken care of? . Why isn't lot 18/19 split such that both are pie-shaped off of the cui de sac? Sheet 4 of 6 . Please identify Lake Forest lots and easements. . Regarding lots 24 and 25, the size and location to the gas line easement make it very difficult for building pad placement. Sheet 5 of 6 . Windbush Way street width appears to be incorrect. Believe it to be 30-feet from back of curb to back of curb. . Is there an existing easement for the off-site sanitary sewer connection at the west boundary? It is not typical to see contours and level of detail as shown. Our review did not include coverage of issues relating to construction, as normally included with secondary plat and construction drawings (No review of specifics of roads, drainage, design, etc.). ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571.2441 ~ ,: .. Mr. Mark C. Harris June 19, 2001 Page 2 o If you ha"" questions, call /(are Weese, City Eogin...., or me at 571-244 1. ~~ Dick Hill, Assistant Director Department of Engineering cc: M. Kate Weese, City Engineer Mike McBride, Assistant City Engineer La_ce LilHg, Dep."",.". ofCllII1mlOlity Services Jon Dobosiewicz, Dep."",,,,,, of Community Services John Duffy, Cannel Utilities S:IPROJREVO I \lfi)poND ~ ~ 1 o Carmel o ~ d--D , v June 14, 2001 iQ ~ Ii'!'(l/j ~ ~ ./.f '/tt;; bO(lJ' ~ Mark C. Harris American Consulting, INC.. 4165 Millersville Road Indianapolis, IN 46205-2998 RE: Hazel Dell Pond Dear Mr. Harris: I have received and reviewed the Revised (06/11/01) Primary Plat for the above- referenced project. At the present time, I see nothing in the plans that would hamper law enforce- ment efforts. If we can be of any further assistance to you, please contact us. Respectfully, ~.b'~4 Michael D. Fogarty7 Chief of Police MDF:vb cc: Dept. of Community Services A Nationally Accredit (317) 571-2500 rcement Agency FAX (317) 571-2512 .~r..~. ( Al'dERI Cl;; CONSUL ~'I G, I -'CQ "\ Architects Consultants Engineers 4165 Millersville Road, Indianapolis, IN 46205 (317) 547-5580 FAX: (317) 543-0270 info@amercons.com To: Jon Dobosiewicz Carmel Department of Community Services One Civic Square Date: Project Name: Project Number: 06/12/01 Hazel Dell Pon 99-756 LETTER OF TRANSMITTAL Carmel, Indiana 46032 We are [8J Enclosed 0 Mail [8J As Requested sending you: o Separately via [8J Messenger o For Your Information Deliver by: o Overnight [8J For Your Review & Comment Time: 5:00 p.m. 0 0 Date: 6/12/01 QTY. TYPE DESCRIPTION 1 Copy Revised (6/11/01) Primary Plat Remarks: The attached plans are being submitted for your review. If you need any additional information for your review please contact our office. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting, Inc. x x Mr. Jon Dobosiewicz - Carmel By: Mark C. Harris Fax o u CITY OF CARMEL Department of Community Services One CMc square Carmel, IN 4E032 (317)571-2417 Fax: (317) 571-2426 ,.., ~~~ 3L"fb From: ~ ~ Il~ Fax: i'lr\~ d 'l ~ ~ Pages: 3 Lo-Il ~ 1 Phone: Date: Re: cc: ~~ \~C o Urgent o Far Review 0 P.lease Comment 0 Please Reply " C1 Please Recycle dc.'""5' l\.~~ - ~~~~ ~L~~--.a @..J ~.f:::\~-rL ~1~~ ,.~ l) :.~5nT""'. .11 :"e'17- cr"' ':~:' .:tI~Lt()N C()U~Tt, HAMILTON 00 USD~ U PAGE ,):I1/El1. . .; '. '. ~ . . l. .,'. 317-773-2,181.;.:'" .' Fax: ~11~71~lif)!:< ,: ;', CO!\~,I ;.'V:, ~ I~l" Wh... TRICT 11 08, South 91h Street .' No blesvil Ie .' I N '~, 4 6."~"P:"3'7~~':: :.::~ . .: "t' .: '. ,. 'lvfiCMCI Jert . . .,'. . . : . . ..... Ameri"an Consulting Ine; ~:'. ::.::.. ,...., '.".41,6S'MiUersvilleRoad . ..' . ",', :: " ":.:... ~~~l~, IN.:462QS " &: H~l D~ll Pond.Prliriary . ,.' , ri~8r ~chael: '.~ . ._ Uiave.ievie~ed':the ,p~ planH:and havt') the following comments: " .... ',' ...... . . ", " . " .... ~ . .," t . ", ',' :.... . "". I, .:' . '.-' ',' , ,',' , '(. Thi$ s,ite ~~ preVio~ty disturbed. Soil testing is recommended. " '. '" .' _,'0' ~. " :.<. 2':: Th~.pond banks need jo be re~ewed and stabilized as needed. Consideration needs to be ',', '. .' '"given to the ,tluotUatiD:$ water level. Additional land or fill will be required to flatten the' " ~ .;; . . " exiSUnS,'slopes to'.a stable,condition. A typical cross section and stabili2;ation plan for the , , :. shoreliile are ne~ded..' . . .~ .' ,', . . , . . . : '. I 3.' Wi11401 ~d1or 404 p~its be required for the work in the pond? Detailed 'instruc~ons fur . .cQmpacting.the fill within the pond and minimizing the sedimentation ofilie pond will be . 'neec1e~.::Plea;se pro~ide a true plan of how munch of the pond area will be affected bY the . : . prOpo~~ filL . . " ',' .' . "... . . .. "'" ." . ",.' ..:.:. i. What is the :,~~ 'Water level'in the pond and what is the expected water lev~l in the :futUr~?' ,.' .' , ,: What depth,is ~e. pond? A bottom contour map is needed. How was the 1 OO-year level' '. " :..": ,.e~htished? .'" :::::',: ,.:.- S,,:'IS the pr~~ed pOnq,put1~t elevation of745.5 higher or lower than the pond to the weSt? :., .":. .:, Where'~ the proposed stormwater'outlet for the pond? ..::.' :;. '.',' .,Sh9uMyoti:paV" que~o!lS or.'wish to cOntaCt me, please call 773-1432. '. '.. , .... SiDcet;ely,. .~., , . ., :''-XZ'" .,/7.,', " ~.. ..0; . " , : . : .T9.hn ,8. Sou,th P'. 1;:.' . .... .. .. - t~;, ~~enceLi1lig'../ .., , . . Steve Cam'. ' '''''-- File.. . - . ". :';' CONSERVATION ~ D'EYELOPMEN1' ~ SBLP-OOVERNMENT , " "AN EQ\!^L oPPOI\'rUl'lrry J:MfLOYr.R" '. "'~ " .". . . .' '," .' , . .: ~ . \ ... ... Q) HAMILTON CO HWY. ~~~ Carmel DOCD .. .. Q .. 141 0011001 OS/22/01 07:51 FAX HAMILTON COUNTY HIGHWAY DEPARTMENT May 22.2001 Mr. Michael B. Jett American Consulting, Ino. 4165 Mlllersvllle Road , Indianapolis, Indiana 46205--2998 RE: Ha%el Dell Pond at Waterstone Primary Plat West of Hazel Dell Road Clay Township Dear Mr. Jett: This letter serves to acknowledge receipt of a transmittal contalning the Primary Plat for Hazel Dell Ponds at Waterstone. After revieWing the plat, the Highway Department has the following comments: 1. It appears that the entire project lies within the City of Carmel, therefore, all further comments are deferred to the City of Carmel. If you have any Information that Is contrary to this statement. Please contact me Immediately. If you have any comments or questtons regarding this letter or project. please feel free to contact me at any time. Thank you for your attention and cooperation. Sirwerely, /L/6'____ Steven J. Broermann Staff Engineer cc: L.aurence L.lIIlg Steve Cash John South G:\USE~S\SB\2001TBIl\OS.22-01.BS. wpd 1700 Soutl11 0111 Street NoblesvlUe, In. 46060 www.eo.hamilton.ln.us OMce (317) 773.7770 Fall: (311) 776-9814 o u C<8\.Jrmel May 17, 2001 Michael B. Jett American Consulting, INC. 4165 Millersville Road Indianapolis, IN 46205-2998 RE: Hazel Dell Pond Dear Mr. Jett: ~ I4I/l'Cl; ~ rt 11'lYt/) ~~ I have received and reviewed the primary plat for the above-referenced project. At the present time, I see nothing in the plans that would hamper law enforce- ment efforts. If we can be of any further assistance to you, please contact us. Respectfully, Michael D. Fogarty Chief of Police MDF:vb cc: Dept. of Community Services rcement Agency F..x (317) 571-2512 (317) 571-2500 A Nationally Accredit (' v o Carmel Clay Schools - Continuing Excellence in Education May 16, 2001 Michael B. Jett American Consulting, Inc. 4165 Millersville Road Indianapolis, IN 46205-2998 Re: Hazel Dell Pond Dear Mr. Jett: Carmel Clay Schools appreciates receiving the development plans and secondary plat for the above-referenced project. The School Corporation has the following comment<s>: 1. Sidewalks should be installed to provide a safe travel path for school students to bus . stops or schools. 2. For safety reasons, school buses will generally not be allowed to traverse cul-de-sacs except under special circumstances. Cul-de-sacs must be a minimum of 100 feet in diameter to accommodate the turning radius of our standard 84-passenger school bus. Information regarding development of new subdivisions is vital to the process of accommodating the educational needs of the Carmel-Clay community. The projected pupil growth from the subdivision has been anticipated in the long-range plan for Carmel Clay Schools. Sincerely, 12.0.:.. t.~} · Rollin E. Farrand, Jr. RA Director, Facilities and Transportation RF:alb C: Mr. Lawrence Lillig City of Carmel Department of Community Services One Civic Square - 3rd Floor Carmel, IN 46032 Facilities & Transportation Department - 5185 East 131s1 Street, Carmel, IN 46033 317/815-3962 - Fax 317/571-9659 o o City of Carmel Fire Department Headquarters 2 CIVIC SQUARE CARMEL, INDIANA 46032 317/571.2600 Michael B. Jett American Consulting, Inc. 4165 Millersville Rd. Indianapolis, IN 46205-2998 RE: Hazel Dell Pond at Waterstone LETTER OF APPROVAL The undersigned has reviewed the proposed plans for Hazel Dell Pond at Waterstone and has approved the plans subject to the following: 1. Request a more detailed plan for water distribution regarding fire hydrant(s) locations 2. 3. 4. 5. 6. Date: Mav 16. 2001 By: James P. Foster, Senior Inspector Carmel Fire Department Fire Prevention Saves Lives and Property AMERI~N CONSULTING ~GINEERS, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com To: Mr. Laurence M. Lillig, Jr. City of Carmel Planning Department Department of Community Services One Civic Square Date: Project Name: 05/15/01 Hazel Dell Pon LETTER OF TRANSMITTAL Project Number: 99-756 Carmel, IN 46032 Deliver by: o Overnight o Pick-up o As Requested o For Your Information ~ For Your Review & Comment We are sending you: ~ Enclosed o Separately o Mail via ~ Messenger Time: o Date: QTY. TYPE DESCRIPTION 1 copies Transmittal Letters to TAC Members Remarks: The attached items are for your files. If you need any additional information or if you have any questions, please contact our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett .~ ...' (l)AMERICAN cONsm9ING, INe. ARCHITECTS 4165 MILLERSVll..LE ROAD (317}547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317}543-0270 75720.3273@compuserve.com 05/15/01 Hazel Dell LETTER OF TRANSMITTAL To: Gary Hoyt Office of Fire Chief Fire Station #1 Two Civic Square Date: Project Name: Project Number: Carmel, IN 46032 Weare sending you: IZI Enclosed D Separately D Mail ~ Messenger D Overnight D Pick-up via Deliver by: Time: Date: 99-756 [8J As Requested DFor Your Information [8J For Your Review & Comment D QTY. TYPE DESCRIPTION 1 Set Primary Plat Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: x Mr. Laurence Lillig, Jr. x Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett .. Q)AMERICAN CONSUttING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Jeff Kendall Deputy Building Commissioner One Civic Square Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 Carmel, IN 46032 We are sending you: [8J Enclosed D Separately o Mail [8J As Requested D For Your Information [8J For Your Review & Comment D via [8J Messenger o Overnight o Pick-up Deliver by: . Time: Date: QTY. TYPE DESCRIPTION . 1 set Primary Plat Remarks: The attached plans are being submitted for your review. If you need any additional information, please contact me at our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett ~ CD AMERICAN CONSuftING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Mr. Ron Farrand CarmeVClay Schools 5201 East 131 st Street Date: Project Name: Project Number: Carmel, IN 46033 Weare [8] Enclosed sending you: . D Separately D Mail [gI Messenger D Overnight D Pick-up via Deliver by: Time: Date: 05/15/01 Hazel Dell Pond 99-756 [8] As Requested D For Your Information [8] For Your Review & Comment D QTY. TYPE DESCRIPTION 1 set Primary Plat . Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: x Mr. Laurence Ullig, Jr. x Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett . WJ AMERICAN CONSUl9ING, INe. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAJ(: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Mr. Brian Houghton Carmel City Utilities 130 First Avenue SW Date: Project Name: Project Number: Carmel, IN 46032 We are sending you: ~ Enclosed o Separately D Mail [8] Messenger. D Overnight D Pick-up via Deliver by: Time: Date: 05/15/01 Hazel Dell Pond 99-756 [8] As Requested D. For Your Information [8] ForYour Review & Comment D QTY. TYPE DESCRIPTION 1 set Primary Plat . . Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: x Mr. Laurence Lillig, Jr. x Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett .-DAMERICAN CONSUL(,fING , INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAJ(:(317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Dick HilVCraig Parks City Engineer/ Department of Engineering One Civic Square Date: Project Name: Project Number: Carmel, IN 46032 We are ~ Enclosed sending you:' 'D Separa~ely D Mail ~ Messenger D Overnight D Pick-up via . Deliver by: Time: Date: 05/15/01 Hazel Dell Pond 99-756 . ~ As Requested o -For Your Inf?rmation ~ For Your Review & Comment o QTY. TYPE DESCRIPTION 1 Set Primary Plat . Remarks: The attached plans are being submitted for your review. If you have any questions please contact our office. Please return: D Copies to this office Copies of: Trans: Enclosure: To: x Mr. Laurence Lillig Jr. x Very truly yours American Consulting Engineers, Inc. By: . Michael B. Jett Q)AMERICAN CONSUf.1lNG, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com To: LETTER OF TRANSMITTAL Eric Mason Ameritech 5858 N. College Av. Indianapolis, IN 46220 Date: Project Name: Project Number: We are sending you: [gI Enclosed o Separately D Mail [gI Messenger D Overnight D Pick-up via Deliver by: Time: Date: 05/15/01 Hazel Dell Pond 99-756 [gI As Requested D For Your Information [gI For :Your Review & Comment D QTY. TYPE DESCRIPTION. 1 Set Primary Plat Remarks: The attached plans are being submitted for your review. If you have any questions please contact our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: x Mr. Laurence Lillig, Jr. x Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett Q)AMERICAN CONSUL'tING, 1Ne. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAJ{:(317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Steve Cash Hamilton County Surveyor's Office One American Square, Suite 146 Hamilton County Judicial Center Noblesville, IN 46060 Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 We are sending you: I:8J Enclosed D Separately via D Mail I:8J . Messenger D Overnight. D Pick-up I:8J As Requested D For Your Information [gI For Your Review & Comment D Deliver by: Time: Date: QTY. TYPE DESCRIPTION 1 Set Primary Plat .' Remarks: The attached document and fees are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett CDAMERICAN CONsuBING, INe. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAJ{:(317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Jay Alley Clay Township Regional Waste District 10701 N. College Avenue Suite A Indianapolis, IN 46280 Date: Project Name: Project Number: We are sending you: [8] Enclosed D Separately D Mail [8J Messenger D Overnight D Pick-up via Deliver by: Time: Date: 05/15/01 Hazel Dell Pond 99-756 [8J As Requested D For Your Information [8J For Your Review & Comment D QTY. TYPE DESCRIPTION 1 set Primary Plat Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: x x Mr. Laurence Lillig, Jr Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett QAMERICAN cONsmS1ING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205~2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Date: Project Name: 05/15/01 Hazel Dell Pond Mr. Ron Lauritsen Samual L. Moore & Associates 2629 Waterfront Pkwy. E. Dr., Suite 150 Indianapolis, IN 46214-2012 Project Number: 99-756 We are sending you: ~ Enclosed [] Separately D Mail [8J As Requested D For Your Information [8J For Your Review & Comment via [8J Messenger . D Overnight D Pick-up D Deliver by: Time: Date: QTY. TYPE DESCRIPTION 1 set Primary Plat .- . ... -::- .. Remarks: The attached plans are being submitted for your review. If you have any questions please contact our office. Please return: 0 Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig Jr. By: Michael B. Jett CD AMERICAN CONSuftING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Michael Fogarty . Office 'of Police Chief Three Civic Square Date: Project Name: Project Number: Carmel, IN 46032 We are sending you: ~ Enclosed o Separately D Mail [gI Messenger o Overnight D Pick-up via Deliver by: Time: Date: 05/15/01 Hazel Dell Pond 99-756 [gI As Requested D For Your Information [gI For Your Review & Comment D QTY. TYPE DESCRIPTION 1 set Primary Plat Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: 0 Copies to this office Copies of: Trans: Enclosure: To: x Mr. Laurence Lillig, Jr. x Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett ~AMERlCAN CONSUL<1ING, INe. ARCHITECTS 4165 MILLERSVll..LE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAJ(:(317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: John Lester Carmel Clay Parks Department 1055 Third Avenue SW Date: Project Name: Project Number: . 05/15/01 Hazel Dell Pond 99-756 Carmel, IN 46032 Weare IZI Enclosed D Mail [8J As Requested sending you: D Separately via [8J Messenger D For Your Information Deliver by: D Overnight [8J For Your Review & Comment Time: D Pick-up D Date: QTY. TYPE DESCRIPTION 1 Set Primary Plat Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett CDAMERICAN CONSU~ING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: John Lester Carmel Clay Parks Department 1055 Third Avenue SW Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 Carmel, IN 46032 We are ~ Enclosed sending you: 0 Separately via o Mail ~ Messenger o Overnight o Pick-up ~ As Requested o ForYour Information ~ For Your Review & Comment o Deliver by: Time: Date: QTY. TYPE DESCRIPTION 1 Set Primary Plat .. Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett CD AMERICAN CONSuBING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAJ{:(317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Pam Waggoner Indianapolis Water Company 1220 Waterway Boulevard Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 Indianapolis, IN 46226 We are sending you: ~ Enclosed D Separately D Mail ~ As Requested D For Your Information ~ For Your Review & Comment D via [8J Messenger D Overnight D Pick-up Deliver by: Time: Date: QTY. TYPE DESCRIPTION 1 set Primary Plat .. . Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please call our office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett CDAMERICAN CONSULqING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng,com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL .. To: Mary Shultz Indiana Gas Company 15900 Allisonville Road Date: Project Name: Project Number: Noblesville, IN 46060 Weare [gI. Enclosed sending you: 0 Separately D Mail I:8J Messenger, D Overnight D Pick-up via Deliver by: Time: Date: 05/15/01 Hazel Dell Pond 99-756 [gl As Requested o For Your Information I:8J For Your Review & Comment o QTY. TYPE DESCRIPTION 1 set Primary Plat . . . . Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: 0 Copies to this office Copies of: Trans: Enclosure: To: x Mr. Laurence Lillig, Jr. x Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett CDAMERlCAN CONSuftING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: L. Joe Cook Hamilton County Sheriff Department 18100 Cumberland Road Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 Noblesville, IN 46060 Weare . [8] Enclosed sending you: D Separately D Mail ~ As Requested D For Yo.ur Information ~. For Your Review & Comment D via ~ Messenger Deliver by: . D Overnight D Pick-up Time: Date: QTY. TYPE DESCRIPTION 1 set Primary Plat Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please retum, 0 Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett CD AMERICAN CONSULqING, INe. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Hamilton County Engineeringl Hamilton County Highway 1717 East Pleasant Street Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 Noblesville, IN 46060 We are 181 Enclosed D Mail ~ As Requested sending you: D Separately via ~ Messenger D For Your Information .... . Deliver by: D Overnight ~. ForYour Review & Comment Time: D Pick-up D Date: QTY. TYPE DESCRIPTION 1 set Primary Plat . .. Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please retum: 0 Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett CDAMERICAN CONSUL~ING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAJ{:(317)543-0270 75720.3273@compuserve.com. LETTER OF TRANSMITTAL To: Barry McNulty . Hamilton County Health Department Hamilton County Judicial Center, Ste 30 Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 NoblesviJIe, IN 46060 We are sending you: ~ Enclosed D Separately via D Mail ~ Messenger D Overnight D Pick-up IZI As Requested D For Your Information ~ For Your Review & Comment Deliver by: Time: D Date: QTY. TYPE DESCRIPTION 1 set Primary Plat . . Remarks: The attached plans are being submitted for your review. If you need any additionalinformation for your review. please contact our office. Thank you. Please rebJm, 0 Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett CDAMERICAN CONsufiING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Robert Hendicks Hamilton County Local Emergency Planning Committee 18100 Cumberland Road Noblesville, IN 46060-1624 Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 We are sending you: ~ Enclosed o Separately D Mail [8J As Requested D For Your Information ..'~ For Your Review & Comment o via [8J Messenger D . Overnight' D Pick-up Deliver by: Time: Date: QTY. TYPE DESCRIPTION 1 set Primary Plat .. -c- Remarks: The attached plans are being submitte.d for your review. If you need any additional information for your review, please contact our office. Thank you. Please retum, D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett CDAMERICAN CONSUL'1ING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Larry Castetter PSI Energy 1441 South Guilford Date: Project Name: Project Number: 05/15/01 Hazel De" Pond 99-756 Carmel, IN 46032 Weare sending you: ~ Enclosed D Separately via D Mail [gI Messenger D Overnight D Pick-up [gI As Requested D For Your Information [8J For Your Review & Comment Deliver by: Time: D Date: QTY. TYPE DESCRIPTION 1 set Primary Plat . .. .. . - . . Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please retum: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett AMER~AN CONSULTING,~. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Sharon Prater Panhandle Eastern Pipeline Co. 9371 Zionsville Road Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 Zionsville, IN 46077 Weare . sending you: [gI Enclosed D Separately D Mail [gI As Requested D For Y~ur Information [gI For Your Review & Comment D via ~ Messenger D Overnight D Pick-up Deliver by: Time: Date: QTY. TYPE DESCRIPTION . 1 set Primary Plat . Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please retum: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett AMERI~AN CONSULTING , ~C. ARCHITECTS 4165 MILLERSVll..LE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Sharon Prater Panhandle Eastern Pipeline Co. 9371 Zionsville Road Date: Project Name: Project Number: Zionsville, IN 46077 Weare sending you: t8J Enclosed D Separately o Mail ~ Messenger o Overnight o Pick-up via Deliver by: .. Time: Date: 05/15/01 Hazel Dell Pond 99-756 ~ As Requested o For Your Information ~ For Your Review & Comment D QTY. TYPE DESCRIPTION 1 set Primary Plat . Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: 0 Copies to !his office Copies of: Trans: Enclosure: To: x Mr. Laurence Lillig, Jr. x Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett .. WAMERICAN CONSUL4ING, INC. ARCIDTECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Mr. Brian Houghton Jones & Henry 2420 N. Coliseum Road Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 Ft. Wayne, IN 46803 We are sending you: IZI Enclosed D . Separately ~ Mail [8] As Requested DFor Your Information [8] For Your Review & Comment [J via D Messenger D Overnight D Pick-up Deliver by: . Time: Date: QTY. TYPE DESCRIPTION 1 set Primary Plat Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please retum: D Copies \0 this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett WAMERICAN CONSUL<.tING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Mr. Brian Houghton Jones & Henry 2420 N. Coliseum Road Date: Project Name: Project Number: 05/15/01 Hazel Dell Pond 99-756 Ft. Wayne, IN 46803 We are sending you: [8J Enclosed D Separately [81 Mail IZI As Requested o For Your Information IZI . For Your Review & Comment o via o Messenger Deliver by: o Overnight o Pick-up Time: Date: QTY. TYPE DESCRIPTION . 1 set Primary Plat . Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our. office. Thank you. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett ~ '-DAMERICAN CONSUL"flING, INC. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAJ{: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: John South Hamilton County Soil & Water Conservation District 1108 S. Ninth Street Date: Project Name: 05/15/01 Hazel Dell Pond Project Number: 99-756 Noblesville, IN 46060 Weare IZI Enclosed sending you: . 0 Separately via o Mail. [gI Messenger o Overnight o Pick-up IZI As Requested o For Your Information IZI For Your Review & Comment o Deliver by: Time: Date: QTY. TYPE DESCRIPTION 1 set Primary Pfat . . .. ... . . Remarks: The attached plans are being submitted for your review. If you need any additional information for you r review, please contact our office. Thank you. Please retum: D Copias to this office Copies of: Trans: Enclosure: To: Very truly yours American Consulting Engineers, Inc. x x Mr. Laurence Lillig, Jr. By: Michael B. Jett WAMERlCAN CONSUL'1ING, INe. ARCHITECTS 4165 MILLERSVILLE ROAD (317)547-5580 info@amconeng.com ENGINEERS INDIANAPOLIS, INDIANA 46205-2998 FAX: (317)543-0270 75720.3273@compuserve.com LETTER OF TRANSMITTAL To: Rick McClain Cinergy 1441 South GlIilford Date: Project Name: Project Number: Carmel, IN 46032 Weare [8] Enclosed sending you: 0 Separately o Mail I:8J Messenger o Overnight . o Pick-up via Deliver by: Time: Date: 05/15/01 Hazel Dell Pond . 99-756 [8] As Requested o ForYour Information [8] For Your Review & Comment o QTY. TYPE DESCRIPTION 1 set Primary Plat . Remarks: The attached plans are being submitted for your review. If you need any additional information for your review, please contact our office. Thank you. Please return: D Copies to !his office Copies of: Trans: Enclosure: To: x Mr. Laurence Lillig, Jr. x Very truly yours American Consulting Engineers, Inc. By: Michael B. Jett :;- -' .. (J Q City of Carmel VIA FAX: 773-2723 May 15,2001 Mr. Doug Floyd 970 Logan Street Noblesville, IN 46060 RE: Hazel Dell Ponds at Waterstone- Primary Plat Submittal Dear Doug: This letter is I response to your Secondary Plat filing for Hazel Dell Ponds at Waterstone. I have reviewed the Primary Plat application and subdivision waiver petition. The following comments need to be addressed and plans updated accordingly: Application: 1. Primary Plat Filing Fee: $1,960 ($700 + $35 per lot) Subdivision Waiver Fee: $630 2. Is this intended to be a Residential Open Space Plat: Ifso, then supporting information needs to be submitted along with the Primary Plat application. See Section 7.3 of the Subdivision Control Ordinance. If, not the lot sizes need to be revised to meet the minimum lot size, width and setback requirements. 3. The following supporting data must be submitted: a. Area location map (see attached checklist for details of location map) b. Soils map c. Description of protective covenants and restrictions d. Statement for Carmel Board of Public Works stating that they have capacity for sewer and water hookups. e. Landscape Plan f. Proposed signage plan Primary Plat: 1. SCO Section 6.3.24 allows a maximum of600' for frontage road 2. SCO Section 6.3.7 allows a maximum length of 600' for cul-de-sac (waiver has been submitted) 3. SCO Section 6.5.2 addresses irregular shaped lots. Lot 19 should be redesigned. 4. A minimum 35' building line is required, 20' is shown 5. A minimum 10,000 sq. ft. lot size is required. Lots 2,5,10-17 do not meet the minimum size. 6. SCO Section 6.6.1 sets the minimum easement width as 20'. Several locations on the plat are less than 20' in width. 7. Lots 1 and 19 have front yard setbacks from Hazel Dell Parkway as well as the frontage road (identify setback). It should also be noted that home ultimately constructed on these lots will be required to face Hazel Dell Parkway per SCO 6.5.7 8. Place easement between lots 22 and 23 fro drainage. 9. Extend sidewalk on east side of Winbush Way to intersection. 10. Pull the building pad for lots 17 and 36. Page 1 ONE CMC SQUARE CARMEL, INDIANA 46032 317/571-2417 'i'r' APRIL 17,2001 Cannel/Clay Plan Commission Agenda Q) o ~;4 11. What is being done within the 10' Landscape, Non-Access Easement, Common Area to mitigate effect of double frontage lots? Please submit a revised Primary Plat application with the above-mentioned changes/additional information. Once these changes have been made, comments addressed, and additional information provided a docket number will be assigned and the Primary Plat will be placed on the next available Plan Commission Agenda. If you have any additional questions please do not hesitate to call. Sincerely, J~.b A~~ing Administrator HazelDeIlPond-PP 1 Page 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 , u o 8.0 R-2 Residence District (page 39) 8.0.1 Purpose and Intent .The purpose of this district is to provide for low to medium density single:~ family residential development on narrower lots in urbanized or urbs:tn;m,g areas. The.;., intent is to protect and conserve existing and future residential development, particularly in areas without community utilities. \ The following are several existing subdivisions that are zone R-2: Auman's Addition, Brentwood, Brookshire Village, Brookshire, Carmel Hills, Carmel Meadows, Carmel View, Carmel Village;, Carmet Woods; ConcorctVillage,.Cricket Knoll, Eden Park.F1air.North,. Ha.rrc?!gate Addition, Johnson Addition, Newark Village, Rolling Meadows, Stonehedge, WilliAm!t Creek Farms, Wilson Village, Woodacre Park, Woodland Green Low to Medium Density S.F.. narrower lots-develQpmental standards Maximum height.. 25, ft.-may be increased to 35' see section 26.1.1 Minimum front yard ~ft Minimum side yard'.. 5 ft. . Minimum aggregate side yard - 15 ft. Minimum rear yard - s.f.-20 ft; all other uses -15 it. , Minimum lot width - 80 ft. Minimum lot size WITH 'community water and sanitary -~. ft. Minimum ground floor area . single story 1,100, two story 900 sq. it ,.Maximum lot coverage. 35% 4 NAME OF APPLICANT: NAME OF SUBDIVISION: DATE OF PLAN COMMISSION MEETING: PREPARED BY: r' '1J,' l . ~ -~ _2. ~. ~ -~ --=J _6. -~ ~ ~ ~ ~1. -~ ~. t-44. ~. --06. u u PRIMARY PLAT CHECKLIST DATE: A. Two Copies of Plat to Illustrate: Name of subdivision (5.2.1) Words "PRIMARY PLAT" (5.2.1) Date of submission of latest revisions (5.2.1) Name of subdivision designer (5.2.1) Present zoning classification (5.2.1) Total acreage of the plat (5.2.1) Name, address, telephone number of owner, subdivider & registered land surveyor (5.2.2) Street and rights-of-way: (5.2.3) a. Locations b. Names c. Street width d. Right-of-way width Location, size and capacity of: (5.2.5) a. Proposed sanitary sewers b. Water mains, hydrants c. Drainage system Layout of lots showing dimensions, lot number & square footage (5.2.6) Parcels to be dedicated or reserved for public use (5.2.7) Contour slopes (5.2.8) Tract boundary lines showing dimensions, angle bearings, existing monuments, markers and benchmarks. (5.2.9) Location offload plains (FP, FF and FW) (5.2.10) Building setback lines (5.2.11) Legends and notes (5.2.12) B. Supportina Data: 1 . Area location map of 1" = 500' to show: (5.3.1) a) Existing adjacent uses b) Watershed boundaries c) Thoroughfares directly related to proposed subdivision d) Existing adjoining zoning classifications and proposed uses e) Title on area location map, its scale, north arrow and date information was placed on map r' _J .- . - .....1 ~ . 2. Q Service reports of statements (5.3.3) o a) Police and Sheriff b) Fire Department c) Water and sanitary sewer utilities d) Electric, gas and telephone utilities e) Carmel/Clay schools f) Hamilton County Health Department g) Surveyor, Drainage Board, County Commissioners h) Indiana Natural Resources Commission i) Carmel Board of Public Works j) Director of the Dept. of Community Development 3. 4. 5. 6. 7. 8. Report describing water system, sanitary sewer system and storm drainage system Statement from State Highway, County Highway or City Street Dept. Soils map and report from Hamilton County Soils & Water Districts (5.3.6) A description of the protective covenants or private restrictions (5.3.7) Erosion control plan (5.3.9) Statement from the Carmel Board of Public Works or other appropriate authority stating that said authority has capacity for sewerlwater hookups (5.3.10) Landscape plan Proposed signage plan 9. 10. Fax ~<a ~ Lc,_~ / 7?::>- ;AI :J-=) I I. To: Fax: Phone: (J) o CITY OF CARMEL Department of Community Services 1)c'-~ 'UN ~ \~ A:2__ E2- ~ .\J.J~~c::>~ One Civic Square Carmel, IN 46032 (317) 571-2417 Fax: (317) 571-2426 From: ~E'I~ ~ ~--) ~.~ 1 Pages: Date: Re: CC: V!'~'lJA~ o Urgent o For Review 0 Please Comment 0 Please Reply o Please Recycle (\. I.-- ~ c::::::> . ~o ~ p,..., L- ~S7 Pl on I ~ ~fl- ~ ~..:::::, ~..~ ~u... ~ ~'\ ~". , ~~ Y\f\~~~ ~ -._1 _ L_ City of Carmel October 20, 2000 Eric Penland American Consulting, Inc. 4165 Millersville Road Indianapolis, Indiana 46205 RE: Docket No. 57-00-PP Mark Stout Development, LLC Dear Mr. Penland: This letter will serve to notify you that the Carmel/Clay Plan Commission has determined that the changes proposed to the referenced development are so substantial that they constitute a withdrawal of your original docket number. Thus, you will need to re-file your petition under a new docket number, new filing fees, and a fresh start through the process again. Ordinarily, under the Commission's Rules of Procedure, you, as petitioner, would be required to wait six months before re-filing after the withdrawal of a petition. However, in recognition of your attempt to re-design the project to meet some of the concerns that were raised at the Subdivision Committee level, the Commission voted (at its September 19,2000 meeting) to suspend its rule on the waiting period as it applies to this development. The vote on the motion to waive the waiting period was 12 in favor, none opposed. A copy of minutes is enclosed for your records. As a result of this waiver, you may now re-file your petition at any time. If you have any questions, please contact Steve Engelking, Director of the Department of Community Services. Very truly yours, David A. Cremeans, President Carmel/Clay Plan Commission JRM:rh EncIs. CC: S.J~Engelking CC: L.Lillig V-~~ ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571.2400