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HomeMy WebLinkAboutCorrespondencePlan Review - Review Comments Report Project Name: PZ-2023-00112 SUA Martin Marietta - Mueller Property South Amend Workflow Started: 5/11/2023 4:44:52 PM Report Generated: 01/26/2024 03:29 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 1 1 Urban Forestry Daren Mindham 5/16/23 11:07 AM Comment See PZ-2023-00113 SUA Martin Marietta - Mueller Property North Amend for landscape plan comments. Info Only 2 1 Planning & Zoning Angie Conn 5/18/23 12:28 PM Comment Please respond in writing to the preliminary review comments listed at the bottom of the 5/15/23 BZA Docket no. assignment email, and please do that before noon on Friday June 16. For your convenience, they are listed again, below: a) Please make checks payable to City of Carmel if you are paying via check. b) Provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditors Office. (Make sure to check Carmel BZA on their form.) (DONE.) c) *The Current in Carmel only prints on Tuesdays, and their filing deadline is usually 14 days prior to their printing date. Please submit your Microsoft Word file of the legal ad to them by Fri., May 26 so that it prints on time. Their contact info is 317-489-4444 or legals@youarecurrent.com. (Please refer to the Handout for a Template of wording to use for the legal ad and the mailings.) d) The mailings/notices to the neighbors should be done by first class mail with Certificate of Mailing (not Certified Mail). (Please provide us with the certificate of mailings for the file on or before Noon, Wed., June 21.) e) Please provide the filled out & notarized Placement of Public Notice Sign Placement Affidavit form (found in Handout) once the sign is placed. f) Please provide the filled out & notarized Petitioners Affidavit of Notice of Public Hearing form (found in Handout). g) Please provide the filled-out Notice of the Public Hearing form/template (found in Handout). h) Please provide proof of notice, such as Publishers Affidavit from the newspaper, once you receive them. i) Please make sure to list out the true practical difficulties and hardships associated with having to comply with the zoning ordinance. j) Compliance with the Transportation Plan might be required. Please see UDO section 1.07 (E) and (F). Please work with the Carmel Engineering Dept. on this. Responsed by: Jennifer Milliken - 6/15/23 3:41 PM Items (a) through (h) have been completed. For (b), and (d-h), please see files uploaded under Public Notice Documents. Item (i) is addressed by the included Findings of Fact, uploaded under Application. For item (j), Please see newly submitted Site Drawings as well as our replies to comment #6. Resolved REVIEW COMMENTS Plan Review - Review Comments Report Project Name: PZ-2023-00112 SUA Martin Marietta - Mueller Property South Amend Workflow Started: 5/11/2023 4:44:52 PM Report Generated: 01/26/2024 03:29 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 3 1 Planning & Zoning Angie Conn 5/18/23 12:53 PM Comment Please upload a redline copy of the amended commitments document(s), so the BZA members can see what is changing from the original commitments. Responsed by: Jennifer Milliken - 9/1/23 11:31 AM Commitments have been submitted. ---------------------------------------------------------- Reviewer Response: Angie Conn - 6/28/23 12:51 PM Please provide DOCS with a recorded copy of the amended commitments before July 25, 2023. ---------------------------------------------------------- Responsed by: Jennifer Milliken - 6/15/23 3:41 PM Please see "Commitment Tracking Exhibit - Mueller South," uploaded under Application. Resolved 4 1 Planning & Zoning Angie Conn 5/18/23 12:54 PM Comment What is the plan for the site, after remediation? And, will it be sold off or leased? Responsed by: Jennifer Milliken - 6/15/23 3:41 PM The plan for Mueller South after reclamation has not been formulated as of this time. Resolved 5 1 Planning & Zoning Angie Conn 5/18/23 12:55 PM Comment Please provide an exhibit comparing what was approved for this site, prior, vs. what today's conditions are, vs. what is being proposed. Responsed by: Jennifer Milliken - 1/4/24 9:42 AM Complete ---------------------------------------------------------- Reviewer Response: Angie Conn - 6/28/23 12:52 PM I did not see these. What folder was it uploaded to? ---------------------------------------------------------- Responsed by: Jennifer Milliken - 6/15/23 3:42 PM Please see newly submitted Site Drawings with the suffix "Existing versus Proposed" 1 and 2. These demonstrate the proposed expansion areas overlaid on the 2008 plan submittals. Resolved 6 1 Engineering Alex Jordan 5/22/23 3:19 PM Comment Please verify that the proposed mining operation is a permitted activity included in the facilities mining NPDES permit and does not need a separate stormwater permit. Responsed by: Jennifer Milliken - 6/15/23 3:41 PM This is a permitted mining operation. The permit will need to be renewed/expanded and Martin Marietta will not expand operations into the expanded permit area until this is complete. Resolved Plan Review - Review Comments Report Project Name: PZ-2023-00112 SUA Martin Marietta - Mueller Property South Amend Workflow Started: 5/11/2023 4:44:52 PM Report Generated: 01/26/2024 03:29 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 7 1 Engineering Alex Jordan 5/23/23 10:51 AM Comment Per the 2001 settlement agreement (uploaded to the correspondence folder), a portion of the southern property should have been dedicated as City right-of-way at 106th Street and Gray Road. We will need this dedication to be completed with this project. I have uploaded the dedication and deed of public right-of-way for this has also been uploaded to the correspondence folder. Please have this completed and submitted to Caleb Warner (cwarner@carmel.in.gov) in our office. Responsed by: Jennifer Milliken - 9/1/23 11:31 AM Dedication has been submitted to Caleb Warner. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 6/28/23 9:38 AM I will mark this comment as "resolved" following the submittal of the deed and dedication. ---------------------------------------------------------- Responsed by: Jennifer Milliken - 6/15/23 3:41 PM Mueller will dedicate the requested ROW prior to commencement of work on the expansion area. Please see newly submitted Site Drawings. We will follow up on the deed/dedication as requested. Resolved 8 1 Vectren Energy Chad Miller 6/5/23 1:24 PM Comment No comments. Info Only 9 1 Sign Permits Aliza Shalit 6/5/23 2:42 PM Comment If new signage is required, please apply for a Sign Permit on the City of Carmel online permitting site at www.carmeldocs.com. A sign permit application and review is required for all new or updated signs. Info Only 10 1 Transportation Systems David Littlejohn 6/12/23 11:28 AM Changemark Multi-use path along 106th St The City's Mobility and Pedestrian Plan requires a 10' multi-use path along the south side of 106th St. Revise the plans to include the required multi-use path. C010.1 Mine Plan Map.pdf Responsed by: Jennifer Milliken - 1/4/24 9:42 AM Complete ---------------------------------------------------------- Reviewer Response: David Littlejohn - 7/18/23 2:28 PM When do you anticipate the path would be constructed based on your proposal? ---------------------------------------------------------- Responsed by: Jennifer Milliken - 6/15/23 3:44 PM The applicants agree to put in the 10' multi-use path, across the new permit area only, but would recommend that this takes place as part of reclamation plan to help ensure the safety of pedestrians near the active mining operation. We would be willing to add this as an additional commitment. Resolved Plan Review - Review Comments Report Project Name: PZ-2023-00112 SUA Martin Marietta - Mueller Property South Amend Workflow Started: 5/11/2023 4:44:52 PM Report Generated: 01/26/2024 03:29 PM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 11 1 Transportation Systems David Littlejohn 6/12/23 11:28 AM Changemark Transportation Plan Compliance Section 1.07 Compliance of the City's UDO states: E. Transportation Plan: In addition to meeting requirements of Americans with Disabilities Act (ADA), all projects and Improvements or authorizations under the planning jurisdiction that adjoin, include, are served by or affect existing streets bearing a designation in the Transportation Plan shall conform to the requirements of the Transportation Plan Section of the Comprehensive Plan in regard to: 1. The dedication of public Rights-of-way; 2. Design and construction of the improvements indicated by the Transportation Plan across the roadway frontage of the project; 3. Setback; and 4. Any other affected development standards. F. Monetary Commitment In-lieu-of Compliance: The petitioner may elect to provide a monetary commitment equal to the value to otherwise design and construct the improvements indicated by the Transportation Plan across the roadway frontage. The value of the commitment shall be equal to the difference in the value to otherwise design and construct the improvements indicated by the Transportation Plan across the roadway frontage, minus the cost to design and construct those improvements indicated by the Transportation Plan across the roadway frontage that will be installed by the petitioner. The values established above shall be approved by the Department of Engineering. Conformance with the Transportation Plan as outlined above shall be in addition to any improvements required: Please revise the plans to ensure that the property will be brought into compliance with the City's Transportation Plan. C010.1 Mine Plan Map.pdf Responsed by: Jennifer Milliken - 6/15/23 3:44 PM Please see newly submitted Site Drawings. Resolved 12 2 Planning & Zoning Angie Conn 6/28/23 12:55 PM Comment I have uploaded a copy of the BZA Letter of Grant to the Correspondence folder, and it lists the Conditions of approval. Info Only Plan Review - Review Comments Report Project Name: PZ-2023-00113 SUA Martin Marietta - Mueller Property North Amend Workflow Started: 5/11/2023 4:49:50 PM Report Generated: 01/08/2024 10:37 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 1 1 Urban Forestry Daren Mindham 5/16/23 10:31 AM Changemark wire basket wording Please add the word (entire) before the words wire basket as our city standards are to remove the entire wire basket at planting. L010.0 Landscape Plan Map.pdf Responsed by: Jennifer Milliken - 6/15/23 3:30 PM Please see newly submitted Site Drawings. Resolved 2 1 Urban Forestry Daren Mindham 5/16/23 10:31 AM Changemark Prunus species change Because of black knot, please change the species to either black walnut, hickory or hackberry as a substitution for the prunus. L010.0 Landscape Plan Map.pdf Responsed by: Jennifer Milliken - 6/15/23 3:30 PM Please see newly submitted Site Drawings. Changed to Hackberry. Resolved 3 1 Urban Forestry Daren Mindham 5/16/23 10:31 AM Changemark Corylus species change Please change this species with something native. I would recommend a native dogwood or serviceberry. L010.0 Landscape Plan Map.pdf Responsed by: Jennifer Milliken - 6/15/23 3:30 PM Please see newly submitted Site Drawings. Changed to Serviceberry, Resolved 4 1 Urban Forestry Daren Mindham 5/16/23 10:43 AM Changemark old house entrance Wouldn't there be a gap in the existing trees where this house entrance is? Please ensure that this area has a similar tree planting area template applied. L010.0 Landscape Plan Map.pdf Responsed by: Jennifer Milliken - 6/15/23 3:31 PM Please see newly submitted Site Drawings. Resolved 5 1 Urban Forestry Daren Mindham 5/17/23 9:47 AM Changemark UDO 5.62 A. Mineral, Sand and Gravel Extraction Operation: Mineral, Sand and Gravel Extraction Operation use shall have a minimum perimeter, Natural Open Space Buffer of 300 feet when adjoining or abutting any residential use or district. Please confirm that this requirement is shown or met by a past agreement. L010.0 Landscape Plan Map.pdf Responsed by: Jennifer Milliken - 6/15/23 3:36 PM A reduction to 150' was granted under a previous special use amendment and will be maintained under this site plan. Please see newly submitted Site Drawings. Resolved REVIEW COMMENTS Plan Review - Review Comments Report Project Name: PZ-2023-00113 SUA Martin Marietta - Mueller Property North Amend Workflow Started: 5/11/2023 4:49:50 PM Report Generated: 01/08/2024 10:37 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 6 1 Planning & Zoning Angie Conn 5/18/23 12:29 PM Comment Please respond in writing to the preliminary review comments listed at the bottom of the 5/15/23 BZA Docket no. assignment email, and please do that before noon on Friday June 16. For your convenience, they are listed again, below: a) Please make checks payable to City of Carmel if you are paying via check. b) Provide a copy of the Official List of Adjacent Property Owners from the Hamilton County Auditors Office. (Make sure to check Carmel BZA on their form.) (DONE). c) *The Current in Carmel only prints on Tuesdays, and their filing deadline is usually 14 days prior to their printing date. Please submit your Microsoft Word file of the legal ad to them by Fri., May 26 so that it prints on time. Their contact info is 317-489-4444 or legals@youarecurrent.com. (Please refer to the Handout for a Template of wording to use for the legal ad and the mailings.) d) The mailings/notices to the neighbors should be done by first class mail with Certificate of Mailing (not Certified Mail). (Please provide us with the certificate of mailings for the file on or before Noon, Wed., June 21.) e) Please provide the filled out & notarized Placement of Public Notice Sign Placement Affidavit form (found in Handout) once the sign is placed. f) Please provide the filled out & notarized Petitioners Affidavit of Notice of Public Hearing form (found in Handout). g) Please provide the filled-out Notice of the Public Hearing form/template (found in Handout). h) Please provide proof of notice, such as Publishers Affidavit from the newspaper, once you receive them. i) Please make sure to list out the true practical difficulties and hardships associated with having to comply with the zoning ordinance. j) Compliance with the Transportation Plan might be required. Please see UDO section 1.07 (E) and (F). Please work with the Carmel Engineering Dept. on this. Responsed by: Jennifer Milliken - 6/15/23 3:21 PM Items (a) through (h) have been completed. For (b), and (d-h), please see files uploaded under Public Notice Documents. Item (i) is addressed by the included Findings of Fact, uploaded under Application. For item (j), Please see newly submitted Site Drawings as well as our replies to comment #15. Resolved 7 1 Planning & Zoning Angie Conn 5/18/23 12:55 PM Comment Please provide an exhibit comparing what was approved for this site, prior, vs. what today's conditions are, vs. what is being proposed. Responsed by: Jennifer Milliken - 6/15/23 3:24 PM Please see newly submitted Site Drawings with the suffix "Existing versus Proposed" 1 and 2. These demonstrate the proposed expansion areas overlaid on the 2008 plan submittals. Resolved Plan Review - Review Comments Report Project Name: PZ-2023-00113 SUA Martin Marietta - Mueller Property North Amend Workflow Started: 5/11/2023 4:49:50 PM Report Generated: 01/08/2024 10:37 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 8 1 Planning & Zoning Angie Conn 5/18/23 12:56 PM Comment Please upload a redline copy of the amended commitments document(s), so the BZA members can see what is changing from the original commitments. Responsed by: Jennifer Milliken - 9/1/23 11:30 AM Recorded commitments submitted. ---------------------------------------------------------- Reviewer Response: Angie Conn - 6/28/23 1:01 PM Please provide DOCS with a copy of the recorded amended commitments before July 26, 2023. ---------------------------------------------------------- Responsed by: Jennifer Milliken - 6/15/23 3:24 PM Please see "Commitment Tracking Exhibit - Mueller North," uploaded under Application. Resolved 9 1 Planning & Zoning Angie Conn 5/18/23 12:57 PM Comment Please add the surrounding adjacent single family residential properties/parcels to the maps. Responsed by: Jennifer Milliken - 6/15/23 3:24 PM Please see newly submitted Site Drawings. Resolved 10 1 Planning & Zoning Angie Conn 5/18/23 12:57 PM Comment Please show/label the final proposed bufferyard widths from the homes. Responsed by: Jennifer Milliken - 6/15/23 3:25 PM Please see newly submitted Site Drawings. Resolved 11 1 Planning & Zoning Angie Conn 5/18/23 12:58 PM Comment Please provide the 6-ft fence design details. Responsed by: Jennifer Milliken - 6/15/23 3:25 PM Please see newly submitted Site Drawings. Resolved 12 1 Planning & Zoning Angie Conn 5/18/23 12:58 PM Comment What is the plan for the site, after Reclamation? And, will it be sold off or leased? Responsed by: Jennifer Milliken - 6/15/23 3:26 PM Mueller North will be conveyed to the City of Carmel when reclamation is complete. Resolved Plan Review - Review Comments Report Project Name: PZ-2023-00113 SUA Martin Marietta - Mueller Property North Amend Workflow Started: 5/11/2023 4:49:50 PM Report Generated: 01/08/2024 10:37 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 13 1 Planning & Zoning Angie Conn 5/19/23 11:38 AM Comment On a separate but related topic, Martin Marietta still needs to dedicate additional street ROW for the 106th/Gray roundabout, per the Settlement Agreement. This will be a condition of approval for the pending BZA petitions. Please work with Caleb Warner in the Carmel Engineering Dept. to get that ROW dedication process started, as well as with Allison Lynch- Mcgrath in the Carmel Legal Dept. (Also, please see uploaded Dedication and Deed of Public Rights of Way document under the Correspondence folder.) Reviewer Response: Angie Conn - 1/4/24 2:48 PM The BPW approved the ROW dedication on 09-20-2-23. ---------------------------------------------------------- Responsed by: Jennifer Milliken - 9/1/23 11:30 AM Dedication has been submitted to Caleb Warner. ---------------------------------------------------------- Reviewer Response: Angie Conn - 6/28/23 1:04 PM This comment will be marked as Unresolved until the Carmel Engineering Dept. receives those documents. ---------------------------------------------------------- Responsed by: Jennifer Milliken - 6/15/23 3:26 PM Mueller will dedicate the requested ROW prior to commencement of work on the expansion area. Please see newly submitted Site Drawings. We will follow up on the deed/dedication as requested. Resolved 14 1 Engineering Alex Jordan 5/23/23 9:33 AM Comment Please verify that the proposed mining operation is a permitted activity included in the facilities mining NPDES permit and does not need a separate stormwater permit. Responsed by: Jennifer Milliken - 6/15/23 3:17 PM This is a permitted mining operation. The permit will need to be renewed/expanded and Martin Marietta will not expand operations into the expanded permit area until this is complete. Resolved 15 1 Engineering Alex Jordan 5/23/23 10:52 AM Comment Per the 2001 settlement agreement (uploaded to the correspondence folder), a portion of the southern property should have been dedicated as City right-of-way at 106th Street and Gray Road. We will need this dedication to be completed with this project. I have uploaded the dedication and deed of public right-of-way for this has also been uploaded to the correspondence folder. Please have this completed and submitted to Caleb Warner (cwarner@carmel.in.gov) in our office. Responsed by: Jennifer Milliken - 9/1/23 11:29 AM The dedication has been submitted to Caleb Warner. ---------------------------------------------------------- Reviewer Response: Alex Jordan - 6/28/23 9:39 AM I will mark this comment as "resolved" following the submittal of the deed and dedication. ---------------------------------------------------------- Responsed by: Jennifer Milliken - 6/15/23 3:17 PM Mueller will dedicate the requested ROW prior to commencement of work on the expansion area. Please see newly submitted Site Drawings. We will follow up on the deed/dedication as requested. Resolved Plan Review - Review Comments Report Project Name: PZ-2023-00113 SUA Martin Marietta - Mueller Property North Amend Workflow Started: 5/11/2023 4:49:50 PM Report Generated: 01/08/2024 10:37 AM REF #CYCLE REVIEWED BY TYPE FILENAME DISCUSSION STATUS 16 1 Sign Permits Aliza Shalit 5/30/23 4:29 PM Comment Will there be any new signage installed in the property? Responsed by: Jennifer Milliken - 6/15/23 3:30 PM No Resolved 17 1 Sign Permits Aliza Shalit 5/30/23 4:29 PM Comment All signs require a sign permit application and review process. Please submit plans for signage if any. Info Only 18 1 Planning & Zoning Angie Conn 5/31/23 3:45 PM Comment There was a prior BZA variance granted for a 150-ft wide buffer. Will this width still be provided? Please clarify, since the proposed modified commitments list different buffer area widths. Responsed by: Jennifer Milliken - 6/15/23 3:28 PM A minimum 150’ buffer will remain, as measured from the original property lines. See exhibit "History of Property Lines and Setbacks - updated 6-14-23" filed under Site Drawings. Resolved 19 1 Vectren Energy Chad Miller 6/5/23 1:33 PM Comment No comments. Info Only 20 2 Planning & Zoning Angie Conn 6/28/23 12:59 PM Comment I have uploaded a copy of the BZA Letter of Grant, which also lists the Conditions of approval. Info Only From:Timothy.Ochs@icemiller.com To:Oberlander, Jon A Cc:Jordan, Alex; Conn, Angelina V; Lynch-Mcgrath, Allison N; Grechukhin, Sergey; Kashman, Jeremy M; Warner, Caleb; John Sosnowski Subject:RE: [EXT] RE: Right-Of-Way at 106th and Hazel Dell Parkway (Martin Marietta, Mueller Property North) Date:Friday, July 14, 2023 4:16:18 PM Attachments:image001.png Dedication and Deed of Public Rights-of-Way - 106th and Gray Rd. ALM 5.12.22 (4861-7276-7600.v1)-c.docx Jon: Attached is the form of Dedication and Deed of Public Rights-of-way that I believe you originally prepared. I have attached the legal description (subject to confirmation from Caleb that it is correct as noted below) and cleaned up the form that was originally sent to me. The clean up simply fixed dates, including the tax recital, and the notary block. Please let me know as soon as possible if you have any concerns regarding the changes. Thanks Tim Timothy Ochs Partner Timothy.Ochs@icemiller.com p 317-236-5952 f 317-592-4720 c 317-695-8386 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 To learn more about the firm and its services, visit us at icemiller.com From: Ochs, Timothy Sent: Friday, July 14, 2023 3:56 PM To: Warner, Caleb <cwarner@carmel.in.gov> Cc: Jordan, Alex <ajordan@carmel.in.gov>; Conn, Angelina V <Aconn@carmel.in.gov>; Lynch- Mcgrath, Allison N <alynchmcgrath@carmel.in.gov>; Grechukhin, Sergey <sgrechukhin@carmel.in.gov>; Kashman, Jeremy M <jkashman@carmel.in.gov> Subject: RE: [EXT] RE: Right-Of-Way at 106th and Hazel Dell Parkway Caleb: Attached please find the legal description and corresponding drawing for the right-of-way to be dedicated. Can you please confirm that this is correct before I move forward with the actual document and the dedication? Thanks You don't often get email from cwarner@carmel.in.gov. Learn why this is important Tim Timothy Ochs Partner Timothy.Ochs@icemiller.com p 317-236-5952 f 317-592-4720 c 317-695-8386 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 To learn more about the firm and its services, visit us at icemiller.com From: Warner, Caleb <cwarner@carmel.in.gov> Sent: Monday, July 10, 2023 12:29 PM To: Ochs, Timothy <Timothy.Ochs@icemiller.com> Cc: Jordan, Alex <ajordan@carmel.in.gov>; Conn, Angelina V <Aconn@carmel.in.gov>; Lynch- Mcgrath, Allison N <alynchmcgrath@carmel.in.gov>; Grechukhin, Sergey <sgrechukhin@carmel.in.gov>; Kashman, Jeremy M <jkashman@carmel.in.gov> Subject: [EXT] RE: Right-Of-Way at 106th and Hazel Dell Parkway EXTERNAL EMAIL WARNING! Use caution with links or attachments. DO NOT provide your credentials! Tim, The right of way that needs dedicated is for the existing path on the north side of 106th along with the roundabout at Gray and 106th. This dedication was required by a previous settlement agreement but was never completed for some reason (see sections 4, 5, and 11 of attached agreement). I’ve outlined what needs dedicated below: 45’ strip north from the 106th Street Centerline between Gray and Hazel Dell (section 4) 106th and Gray intersection ROW (sections 5 & 7) This ROW is depicted on pages 6 & 7 of the attached pdf plans for the roundabout constructed at 106th and Gray I’ve included the plans for the roundabout for reference along with a template for the Deed & Dedication. We’ll need the deed and dedication document returned with an exihibit depicting the new ROW along with a check for $38.50 payable ot the City of Carmel to cover the recording fees. Please submit these to my attention. Feel free to reach out with any questions. Sincerely, Caleb Warner Engineering Administrator City of Carmel Engineering Dept. 1 Civic Square, Carmel, IN 46032 (317) 571-2364 From: Jordan, Alex <ajordan@carmel.in.gov> Sent: Monday, July 10, 2023 12:04 PM To: Warner, Caleb <cwarner@carmel.in.gov> Subject: FW: Right-Of-Way at 106th and Hazel Dell Parkway FYI… From: Conn, Angelina V <Aconn@carmel.in.gov> Sent: Monday, July 10, 2023 11:52 AM To: Timothy.Ochs@icemiller.com; Kashman, Jeremy M <jkashman@carmel.in.gov> Cc: John Sosnowski <John.Sosnowski@martinmarietta.com>; Lynch-Mcgrath, Allison N <alynchmcgrath@carmel.in.gov>; Grechukhin, Sergey <sgrechukhin@carmel.in.gov> Subject: RE: Right-Of-Way at 106th and Hazel Dell Parkway Tim – I am looping Alli and Sergey into this email conversation. (They are with the Carmel Legal Dept.) Sincerely, Angie Conn, AICP | Planning Administrator City of Carmel Planning & Zoning Dept. 1 Civic Square, 3rd Flr., Carmel, IN 46032 O: 317-571-2417 | W: carmeldocs.com Timothy Ochs Partner Timothy.Ochs@icemiller.com p 317-236-5952 f 317-592-4720 c 317-695-8386 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 To learn more about the firm and its services, visit us at icemiller.com From: Timothy.Ochs@icemiller.com <Timothy.Ochs@icemiller.com> Sent: Monday, July 10, 2023 11:50 AM To: Conn, Angelina V <Aconn@carmel.in.gov>; Kashman, Jeremy M <jkashman@carmel.in.gov> Cc: John Sosnowski <John.Sosnowski@martinmarietta.com> Subject: Right-Of-Way at 106th and Hazel Dell Parkway Jeremy and Angie: Martin Marietta’s engineer, Weihe Engineering, has been in contact with DLZ, the design firm that we were told was responsible for the roundabout work for the City of Carmel. DLZ has informed Weihe Engineering that no new right-of-way (R/W) is necessary for the roundabout project. I will note that R/W was granted over a decade ago when the last approval (prior to the current one) occurred. Jeremy, can you please confirm that this is the case? A condition of the approval for the properties at the southwest and northeast corner of 106th and Hazel Dell was the dedication of R/W. Thanks Tim ********************************************************************************* ************************************************************************** CONFIDENTIALITY NOTICE: This E-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this E-mail or any attachment is prohibited. If you have received this E-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you. ICE MILLER LLP ********************************************************************************* ************************************************************************** From:Jennifer.Milliken@icemiller.com To:Conn, Angelina V Subject:Setback exhibit and draft commitments (Martin Marietta) Date:Friday, May 12, 2023 11:51:35 AM Attachments:image001.png History of property line and setbacks-c.pdf Hi Angie, Per my email yesterday here is a draft exhibit and draft commitment amendments that we intend to submit with our application. We just received the latest plan update from the engineer and I’ll be uploading those this afternoon, along with anything else listed in your requirements. Let me know if there is anything you think I should look out for. Thanks! Mueller North – 10750 River Road 2008 recorded document 08080007 CA 1. Buffers and Screening (a) Martin Marietta hereby agrees that Commitment 1(a) set forth under Docket No. 08080007 CA is hereby deleted and the following are substituted in its place: A buffer area of approximately 110 feet in width will be maintained along the northern Mueller property line abutting lots 53, 109, 108 and 107 of the Kingswood subdivision. A buffer area of approximately 90 feet in width will be maintained along the remainder of the northern Mueller property line. A buffer area of approximately 65 feet in width will be maintained along the western Mueller property line. The position of these buffers shall be measured from the property lines as they exist as of the date of this commitment. 2005 recorded document 05010021 SU 1. General Operational Commitments (a) Martin Marietta hereby agrees that the first sentence of Commitment 1(a) set forth under Docket No. 05010021 SU is hereby deleted and the following is substituted in its place: Martin Marietta will develop a sand and gravel operation on the Real Estate to commence in 2005 and continue for approximately 20 years, depending on market conditions. Provided, however, that this permit shall expire no later than December 31, 2025. 2. Reports and Permits (c) – replace old Exhibit B with a new Exhibit B 6. Buffers and Screening – Martin Marietta hereby agrees that Commitment 6 set forth under Docket No. 05010021 SU is hereby deleted and the following is substituted in its place: a. Buffer Size and Location A buffer area of approximately 110 feet in width will be maintained along the northern Mueller property line abutting lots 53, 109, 108 and 107 of the Kingswood subdivision. A buffer area of approximately 90 feet in width will be maintained along the remainder of the northern Mueller property line. A buffer area of approximately 65 feet in width will be maintained along the western Mueller property line. The position of these buffers shall be measured from the property lines as they exist as of the date of this commitment. b. All landscaping and screening will be completed and maintained consistent with the Landscape Plan Map, a copy of which is on file in the Office of DOCS. The provisions of Commitment 8(d) shall not apply to the real estate located directly south of and within 150 feet of Lots 53, 107, 108 and 109 of Kingswood subdivision. The clause “between the months of November through March (except as necessary to construct visual and noise barriers)” in Commitment 1(d) is hereby deleted. Mueller South – 5345 E 106th St 2005 recorded document 04040024-SU 1. General Operational Commitments (a) Martin Marietta hereby agrees that Commitment 1(a) set forth under Docket No. 04040024-SU is hereby deleted and the following is substituted in its place: Martin Marietta will develop a sand and gravel operation on the Real Estate to commence in 2004 and continue for approximately 3 to 20 years, depending on market conditions. Provided, however, that this permit shall expire 20 years from the commencement of sand and gravel extraction (2024.) Martin Marietta shall notify the Director ("Director") of the -Department of Community Services ("DOCS") of the City of Carmel (the "City") within seven days of such commencement. 2. Reports and Permits (3) – replace old Exhibit B with a new Exhibit B 8. Buffers and Screening – Martin Marietta hereby agrees that Commitment 8 set forth under Docket No. 05010021 SU is hereby deleted and the following is substituted in its place: All buffers, screening and landscaping and screening will be completed and maintained consistent with the Landscape Plan Map, a copy of which is on file in the Office of DOCS. Jennifer Milliken Zoning Specialist Jennifer.Milliken@icemiller.com p 317-236-2248 f 317-236-2219 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 To learn more about the firm and its services, visit us at icemiller.com **************************************************************************** **************************************************************************** *** CONFIDENTIALITY NOTICE: This E-mail and any attachments are confidential and may be protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this E-mail or any attachment is prohibited. If you have received this E-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you. ICE MILLER LLP **************************************************************************** **************************************************************************** *** 20'65'55' 40' 40'RampJOB. NO.CK. BY:DWN BY:V3SCALE:1" = 200'SHEET NO.DWNG. NO:DATE:.Mueller Property North & SouthSand and Gravel OperationMINE PLAN MAP- Indiana DistrictNO SCALEVICINITY MAPNO SCALEVICINITY MAP6/15/231 OF 5 20'65'55' 40' 40'JOB. NO.CK. BY:DWN BY:SCALE:SHEET NO.DWNG. NO:DATE:.Mueller Property North & SouthSand and Gravel OperationRECLAMATION PLAN MAP- Indiana DistrictNO SCALEVICINITY MAPNO SCALEVICINITY MAP1" = 200'6/15/232 OF 5NO SCALEVICINITY MAPNO SCALEVICINITY MAPV3170' 60'90'20' 110' JOB. NO.CK. BY:DWN BY:SCALE:SHEET NO.DWNG. NO:DATE:.Mueller Property North & SouthSand and Gravel OperationLANDSCAPING PLAN MAP- Indiana DistrictTREESPLANT SCHEDULESHRUBSPLANTING DETAILSHRUB AND SMALL TREE SHADE TREE PLANTING DETAILVIOLATORS WILL BEPROSECUTEDMartin Marietta AggregatesTrespassingNOTYPICAL SIGN DETAILNO SCALEVICINITY MAPNO SCALEVICINITY MAP1" = 200'6/15/233 OF 5NO SCALEVICINITY MAPNO SCALEVICINITY MAPAvena sativaLolium multiflorumV3PROPOSED FENCE DETAIL JOB. NO.CK. BY:DWN BY:SCALE:SHEET NO.DWNG. NO:DATE:.Mueller Property North & SouthSand and Gravel OperationCROSS SECTIONS- Indiana District6/15/234 OF 5V3 JOB. NO.CK. BY:DWN BY:SCALE:SHEET NO.DWNG. NO:DATE:.Mueller Property North & SouthSand and Gravel OperationCROSS SECTIONS- Indiana District6/15/235 OF 5V3 Shestak, Joe From:Davers, Damon <Damon.Davers@duke-energy.com> Sent:Tuesday, May 23, 2023 12:45 PM To:Jennifer.Milliken@icemiller.com Subject:\[EXT\] RE: \[EXTERNAL\] FW: Carmel TAC Submittal: Martin Marietta - Mueller Property North Amendment (PZ-2023-00113 SUA, PZ-2023-00091 CA) and Mueller Property South Amendment (PZ-2023-00112 SUA, PZ-2023-00090 CA) EXTERNAL EMAIL WARNING! Use caution with links or attachments. DO NOT provide your credentials! Jennifer, My apologies for forgetting to reply back. Its just been crazy over here. Looking at the maps, this location is actually in AES territory and not Duke Energy. You’ll want to reach out to them for this project. Damon Davers Duke Energy Engineering Technologist 317-763-2423 damon.davers@duke-energy.com Builder, Contractor, and Developers: Click here to learn Duke's requirements for new installations. From: Jennifer.Milliken@icemiller.com <Jennifer.Milliken@icemiller.com> Sent: Tuesday, May 23, 2023 10:16 AM To: Davers, Damon <Damon.Davers@duke-energy.com> Subject: \[EXTERNAL\] FW: Carmel TAC Submittal: Martin Marietta - Mueller Property North Amendment (PZ-2023-00113 SUA, PZ-2023-00091 CA) and Mueller Property South Amendment (PZ-2023-00112 SUA, PZ-2023-00090 CA) *** CAUTION! EXTERNAL SENDER *** STOP. ASSESS. VERIFY!! Were you expecting this email? Are grammar and spelling correct? Does the content make sense? Can you verify the sender? If suspicious report it, then do not click links, open attachments or enter your ID or password. Hello Damon, just following up on this. Do you need me to get you the paper plans to your office, and if so, where? (Just thought I’d double check since this is a fairly unique use.) Thank you, Jennifer Milliken Zoning Specialist Jennifer.Milliken@icemiller.com 1 p 317-236-2248 f 317-236-2219 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 To learn more about the firm and its services, visit us at icemiller.com From: Milliken, Jennifer <Jennifer.Milliken@icemiller.com> Sent: Friday, May 19, 2023 3:51 PM To: damon.davers@duke-energy.com Subject: Re: Carmel TAC Submittal: Martin Marietta - Mueller Property North Amendment (PZ-2023-00113 SUA, PZ- 2023-00091 CA) and Mueller Property South Amendment (PZ-2023-00112 SUA, PZ-2023-00090 CA) Hi Damon. I am trying to deliver your paper copy of these plans. It doesn’t look like the office listed - 16475 Southpark - is open to the public. Let me know how to follow up please. Thank you! Get Outlook for iOS From: Milliken, Jennifer Sent: Wednesday, May 17, 2023 9:41:43 AM To: damon.davers@duke-energy.com <damon.davers@duke-energy.com> Subject: Carmel TAC Submittal: Martin Marietta - Mueller Property North Amendment (PZ-2023-00113 SUA, PZ-2023- 00091 CA) and Mueller Property South Amendment (PZ-2023-00112 SUA, PZ-2023-00090 CA) Hello Damon, Attached please find the plans submitted for the above listed docket numbers for the Carmel TAC meeting scheduled for June 21 at 9am. Please let me know if you need anything further. Sincerely, Jennifer Milliken Zoning Specialist Jennifer.Milliken@icemiller.com p 317-236-2248 f 317-236-2219 Ice Miller LLP One American Square Suite 2900 Indianapolis, IN 46282-0200 2 Shestak, Joe From:Ryan Hartman <ryan.hartman@trico.eco> Sent:Tuesday, May 23, 2023 10:17 AM To:Jennifer.Milliken@icemiller.com Subject:\[EXT\] Re: Carmel TAC Submittal: Martin Marietta - Mueller Property North Amendment (PZ-2023-00113 SUA, PZ-2023-00091 CA) and Mueller Property South Amendment (PZ-2023-00112 SUA, PZ-2023-00090 CA) Attachments:image001-c.png EXTERNAL EMAIL WARNING! Use caution with links or attachments. DO NOT provide your credentials! No need to give us plans. This project is outside of our service area. Sent from my iPhone Ryan Hartman, District Engineer TriCo Regional Sewer Utility 7236 Mayflower Park Drive, Zionsville, Indiana 46077-7906 Phone 317-844-9200 ext. 203 • Website www.trico.eco • Email ryan.hartman@trico.eco On May 23, 2023, at 10:14 AM, Jennifer.Milliken@icemiller.com wrote: Hello Ryan, Per the City of Carmel TAC roster, you prefer one paper copy of plans in addition to ePlan. Last Friday I tried to drop off plans for the above listed docket numbers, but I got to your office a few minutes past closing. Can you please verify if you need me to get you the paper plans? I’m thinking this property probably isn’t even in your jurisdiction. Thank you, <image001.png> Jennifer Milliken Zoning Specialist Jennifer.Milliken@icemiller.com p 317-236-2248 f 317-236-2219 Ice Miller LLP One American Square 1 4856-3980-5797.1 MEMORANDUM TO: Sam Clark, Hamilton County Surveyor’s Office FROM: Jennifer Milliken, Ice Miller LLP DATE: May 19, 2023 RE: Carmel TAC Meeting - June 21, 2023 Please find attached paper copies of the plans for the Mueller Property North and South, in respect of Docket Nos. PZ-2023-00112 SUA and PZ-2023-00113 SUA. These are for your review and comment prior to the June 21 TAC meeting. If you have any questions or need anything further, you can contact me at Jennifer.milliken@icemiller.com or 317-236-2248. 4889-4314-7877.1 MEMORANDUM TO: Dave McCoy, City of Carmel FROM: Jennifer Milliken, Ice Miller LLP DATE: May 19, 2023 RE: Carmel TAC Meeting - June 21, 2023 Please find attached paper copies of the site plans for the Mueller Property North and South, in respect of Docket Nos. PZ-2023-00112 SUA and PZ-2023-00113 SUA. These are for your review and comment prior to the June 21 TAC meeting. If you have any questions or need anything further, you can contact me at Jennifer.milliken@icemiller.com or 317-236-2248.