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Home My WebLink AboutCorrespondence \- ':0' Page 1 of2 ~ . CL~~ G~-e0k- Conn, Angelina V ~__""~~~",,,,~~"""'_~"""~"~~".~C _~.~_~...",",,_,.....,.,..,.....,._~.~_.__.~~....,,~.~_~U~~""'" From: Ron & Carol Schleif [schleif@indy.rr.com] Sent: Tuesday, August 14, 2007 1 :54 PM To: Conn, Angelina V Subject: Clay Creek comments for Charlie F Charlie, (Rick, Jay, Sally & Eric), Sorry for the delay.....1 caught a bug. Here are my architectural comments on Clay Creek. Anything you could do would be appreciated greatly! Glad to see you back with this project II!!! Say, I tried to explain a little that was behind some of these comments... ..If you have suggestions on wording, let me know because sometimes wording is tricky. Thanks again! Carol Section 1: Definitions Historic Architectural Style: Add to the end: ... including non~boxlike overall volumes and complexity in footprints and roof shapes. I doubt this development would be doing this, so adding this would not affect Clay Creek because of its price point Overhang: replace framing with "face of', This is for protection of openings to prevent rotten sill plates. The west coast they commonly have 24-36 inch overhangs, 16" would be nice here..... Ridgeline: Change: "horizontal" to "sloped". Delete: "or the angle formed by", and "of a pitched area." Add "excluding dormers and porches to the end. Section 2: Real Estate 5. Roof Pitch: Please list minimum slope for ancillary roofs (4:12 would be nice) You might also include an exception for Colonial or Tudor styles with front entry and living porches with outdoor porches/decks above, because they are an integral part of the design. (they need almost flat roofs to shed rain water) In general, flat roofs are discouraged because they look tacked on after-the-fact. 6. Roof Ridgeline: Add to the end: "if they are not attached to a box-shaped main structure." This shouldn't affect Clay Creek because of its price point either. Covered porches need to be an integral part of the structure, not attached to a box. 7. ~orner Breaks: Delete last sentence. The intent of corner breaks is to have the entire mass of the building to modulate. Covered porches that are attached to a box are not an integral part of the structure. They look more like an after-thought. (Sorry if I repeat myself) Section 8: Front Landscaping As you know, my preference is full foundation landscaping because it is visible in neighborhoods with multiple blocks. However in this case, I have to defer to Rick and Jay on this one, and let this go this time, except for the house along Hoover Road that we all agreed should not have exposed foundations. Section 10. Miscellaneous C. Mailboxes: Add "with integral newspaper slots" to help cut down on multi-colored plastic newspaper holders. I saw some in West Chase that were black metal, and in Windemere they are painted wood (cost less at about $75 each). 8/14/2007 .. Page 2 0[2 " E. The photos are nice, but I noticed that the one with the side loaded garage had a two-car garage door facing the street. Could this be changed to a one-car garage in your commitments? 8/1412007 Page 1 of2 Conn, Angelina V From: Brewer, Scott I Sent: Tuesday, August 14, 2007 11 :02 AM To: 'Charlie Frankenberger'; jlapp@landarkkt.com Cc: Conn, Angelina V Subject: RE: Clay Creek Attachments: Native species Iists.doc Dear Charlie: I did receive the tree inventory sheets, and "below are my comments on the landscape plans (which I also emailed to John Lapp of Kevin Parsons): 1. There are two species that 1 would advise against using on the plan, red maples (Acer rubrum) and pin oak (Quercus palustris), both are bottom land species that like deep well drained acid soils, which we do not have much of. I would keep the species diversity levels to 15% per species and no more than 25% per genus, but include things you may have on the plant schedule already like London plane tree, or add other oak species like bur oak, swamp white oak, or shingle oak in full sun areas where you need to reforest. Kentucky coffee tree, tulip tree, hackberry, and persimmon are great native species as well. 2. You can fill in the areas around lot six (in front) to provide an increased buffer, and reforest additional trees. In addition, you may be able to add trees along the walking path east of Clay Creek to the north or south of Meeting House Road in the open areas where trees will be removed. 3. Though I know you do not plan to clear lots of trees until they have to cleared by the builders, I should get a tree preservation plan that details where trees can be removed, and where they can not, including the graphic tree preservation details that show where the fencing or other protective devices will be. This will give your builders a document to have in advance of their construction, and make it easier for them to plan the steps to preserve existing trees. 4. I have some printed material on tree preservation that I picked up at my ISA workshop, and would love to forward it to whomever it would be of use to. If you could call or email an address and contact name, I will send it out ASAP. Thank you for taking the time to work together to make Carmel a better place to work and live. Call or email me if there are any further questions" Scott Brewer, City Forester Environmental Planner, DOCS City of Carmel, One Civic Square Carmel, IN 46032 PH: 317-571-2478 FAX: 317-571-2426 From: Charlie Frankenberger [mailto:chalie@NF-LAW.COM] Sent: Monday, August 13, 2007 5:19 PM To: Brewerf Scott I Cc: Conn, Angelina V Subject: Clay Creek Hi Scott, Thanks for meeting with us an Thursday. It was very helpful. Art Kaser relayed to me that he delivered revised plans today. Please let me know if everything's in order, or if anything is missing. If anything is missing, I will promptly get revised plans delivered to you. By the end of the week, we are hoping to get an email from you indicating that, for purposes of primary plat approval, 8/1412007 NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D FRANKENBERGER JAMES E. SHINA VER LA WRENCE J. KEMPER JOHN B. FLATT A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMilE: 317-846-8782 www.nf-Iaw.com FREDRIC LA WRENCE DA VID J. LICHTENBERGER JESSICA S OWENS or C olin sel JANE B. MERRILL August 10,2007 (~ Angie Conn Carmel Department of Community Services One Civic Square Cannel, IN 46032 1\'\) ~Qt.:~~\\\t,; ~~... 1)\1~1 ~:~C \ \' ,. . ))rJCS RE: Clay Creek Docket No. 06050020 Dear Angie: F or the upcoming Plan Commission on August 21, 2007, enclosed you will find 17 copies of the intormational brochure. I have sent Scott a copy under a separate cover letter. Should you have any questions or comments, please do not hesitate to call. As always thank you for your help in this matter. Very truly yours, NELSON & FRANKENBERGER c(=- Charles D. Frankenberger CDF/bjt Enclosures H''.Brc'l::y\7.ol1ing & R~aJ EslHli: rV1ailcrs\Cr<l~- C:~I(1tcs'LlT IlJ ,A. COIIII OR 11ll17.d<:lc Page 1 of 1 ,," . ...",-- Conn, Angelina V From: Hollibaugh, Mike P Sent: Tuesday, August 07, 20072:31 PM To: Conn, Angelina V; Stewart, Lisa M Subject: FW: Clay Creek Remonstrance Attachments: Remonstrance.pdf; CF Email.pdf; Reply to CF.pdf Fyi, regarding tonight's mtg. mike From: dane.loYe@att.net [mailto:dane.loYe@att.net] Sent: Tuesday, August 07, 2007 12:10 PM To: Sharp, Rick Cc: don hayes; Hollibaugh, Mike P Subject: Clay Creek Remonstrance Dear Mr. Sharp, I was advised that I should contact you and request that you intercede on my behalf. I currently reside at 12011 Hoover Road and have had several contacts with the developers ofthe proposed Clay Creek subdivision. I have submitted a written remonstrance which was submitted on July 27th and have attached a copy for your review along with emails from and to an attomey. My primary goal is to obtain an easement for ingress and egress and for utilities. The developer offered a 20 foot easement. I was infomled today by Chuck Shupperd, Vectren, that a 20 foot easement provides inadequate separation for safety and that a 20 foot easement minimizes my oppOliunity to access all public utilities. I had a short conversation with the developer's attomey this moming. He infonned me that they will state to the committee that their preference is not to grant any easement at all. I think a solution would be for the developer to install an 8 inch sewage main along with a water main. These could be located along the east property line of lot 11 or 12 from the proposed Meeting House Road extension to my property. At that point both myself (12011 Hoover) and my neighbor (Don Hayes, 12021 Hoover) could access both water and sewage services. You help will be appreciated. Best Regards, Dane Love Office 844-9353 Cell 294-2544 817/2007 ~/~ Subject Date linked to From To Cc : Man, 6 Aug 200713:17:00 -0400 : Dane Love : dane.love@att.net : Charlie Frankenberger <charlie@nf-Iaw.com> : don hayes <hayesdI46032@aol,com> Dear Mr. Frankenberger, Please thank your client, ME Development, for offering the access and utility easement. I spoke with Duke Energy (Electric), John Duffy (Carmel Water), and haye attempted to contact Clay Township Regional Waste (Sewer) and Vectren (GaS). The 20' easement is plenty for access and it would be ideal if all utilities could run along side andJor under the driveway. This would minimize any damage to existing trees. Unfortunately time does not permit me to obtain recommendations from all utilities. I did have a ,conversation with . Shirley Hunter of Duke Energy and John Duffy at Carnjel. Both need to review the Clay Creek Plat Plan prior to making any recommendation, I have learned that each utility requires a minimum separation from each other I have revised the "Dane Love Access Easement" to include an additional 30' "Shared Utility Easement". It is attached for your review. This is for assurance that all utilities can be accessed at some time in the future. Should the additional utility easement or any part of it. not be required then it coutd be retired. I spoke with my neighbor, Don Hayes, this past weekend. He wants access to sewer, water, gas, cable, and posstbly electricity and telephone. I will cooperate with Mr, Hayes to the extent that no damage occurs to my sugar maple tree and to the buried geothermal loop. He did mention that his preference would be to run uWities the shortest distance (betNeen the proposed lots 9 and 10) as this would minimize installation costs. Please call me at 844-9353 with any questions. Best Regards, Dane Love ...,.-.-tt .... , , . .. l..l I <> I ' ~ J f1'; :;;, J ' CD / I / ! . .. 1<.0 I 0 , L.a , , m I I r- II .tv CO I '~ ~ 0' l> Z m r OJ <: m :t> n ("') m (/) en m 1>- en m 3: m :z ~ / \1 in fSi J I,.r, ! , i~ ~ II \ i .~ I I i"V(\ 1 ~,.-: t l~\ \ 1 t t I ; Ii\ \I")! I a . I 't l.. I -------Tr"!'-++-I1ff I / r I fit I }I , "I I J I , hUG}' IV I H U I ~/ f.J}'./ ,I' I : " t' t ! / r JH .. I I l I))' tV :t/'i / , I , , , ; r- - I I ( I . / f II~t ( I. \/ Jf \ \ I'. ~ I \. I i f \-\/ ~ I' \ I '4 l ,. \ ~ I ...... I , ~ \ \ , I ~ ...., I '\t r \ , I \ I I I I ..~ I , \I \ i ~l~. I r........ I" I,...... I I I J ''''_.. ............ \ : h " r : r .............. ,_----::._, I t fJ'o:[" I I ....... r "" , t ~ I I f I .... ......._....-,.....'" I '\ ,.. ..........-. : r I J ................ _ _J / I '" ) I" .... - r ..- . I I r I' "',.., _..-- \ ' d I I 1/ /..... ...-...:.__ I \ 1 t 'J ,. ~/' I ...____.... _" ... I . ...' I ",_,/ ,...- /;s / l ..-..._-u......-.. I ,,' ..-... /' /~ll i','" ,...___ \.. II ..' ,,'" I , /"" ...olIJ- "'-0" ,..... u __ ",/ ~ / _ \. ~ 1/ ....... ..~~....:-.._/ . -v, ". ,,/ /""',/~ff %~-----...- ,-......".,,' }'" /,qj;:"zr:::;~ ..._~ ",/ /It~, "/7/ / ----,/ /' /'h~,~I,',I' / .#"-~- I ...' .. Ih, r," ~ ,..... .......::'.....:::...1< ! if I f ../..~ ~~__':. . t t , I I n ~ i~ Jr-~ K\...J ~~ ~('t) ~ 1837 Braeburn Dr Camlel, IN 46032 August 5, 2007 Mr. Mike Hollibaugh, Director Department of Community Services Cannel City Hall One Civic Square, 3rd Floor Carmel, IN 46032 Subject: Clay Creek Development Doc Number 06050020 Dear Mr. Hollibaugh, We are residents of West Carmel, residing at 1837 Braeburn Dr, Carmel, Indiana, and adjacent property owners of the proposed Clay Creek Development. Over the past year we have represented our interests, and the interests of our neighbors in the High Grove Subdivision in the platting of the above docket. We recently met with the developer, MHE Development CO. LLC, to review the submitted plat plan for the development. These plans represent a significant improvement over previous plans submitted in this docket, and we support the approval of the proposed platting. We would like to thank the City of Carmel. members of the Plan Commission, and the developer for taking the time to listen to our concerns and take into consideration our interests in developing West Carmel. Sincerely, Kevin and Elizabeth Vannoy Page 1 of 1 Conn, Angelina V From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Friday, August 03, 20074:22 PM To: Hollibaugh, Mike P; Conn, Angelina V Subject: FW: Easements Hi Mike and Angie I know you have all kinds of time on your hands to read this stuff, but I just wanted to keep you in the loop. TGIF! Charles D. Frankenberger ~,_." NELSON & FRANKENBERGER 3105 East 98th Street; Suite 170 Indianapolis IN 462~Q Phone: 317-844-0106 Fax: 317-846-8782 hup:/ /\\i\\i\v.nf-law.com From: Charlie Frankenberger Sent: Friday, August 03, 20074:21 PM To: 'dane@kahsar.com'; 'Iovedane@juno.com' Subject: Easements Hi Dane, Although the developer installs sewer and water, the developer does not install electric, cable, gas, etc..Vectren Energy will install the gas lines. Our engineer thinks that Vectren Energy will run the gas line down Hoover Road and then east on Meeting House Road; however, he is not certain. The best way for your neighbor to find out is to call Chuck Shupperd ofVectren Although Chuck is local, you have to call Vectren, in Evansville (812-491-4000), to get connected to Chucks' office. j know, because I just tried, and they connected me, but I got voice mail. I left Chuck a voice mail that you or your neighbor may be calling. So, please call Chuck about the location of the gas lines. You also asked for a consent to encroach for a few years so that you don't have to move your barn. That is not a problem--we will prepare one permitting the barn to stay for 5 years. Also, as discussed, it is acceptable for the easement to be for all utilities, and not just for sewer and water. Please let me know if you have any questions, and have a good weekend. Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis IN 46280 Phone: 317 -844-01 06 Fax: 317-846-8782 hup:/ /www.llf-law.com 8/6/2007 NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHIMA VER l,AWRE:-lCE J. KEMPER JOHf'JB. FI.ATI A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, fNOIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846..8782 www_nf-law~r".I)m FREDRIC LA '\:v")U1,NCE DAVlD J. LICRTE'NBBRG!iR JE,SstCA S. OWENS OfC<;l\ITlSc) JANE B. MERRILL August 2, 2007 Donald Hayes 12021 Hoover Road Cannel, IN 46032 RE: Clay Creek Development Dear Mr. flayes: In connection with your request for an easement for water and sewer, enclosed is a copy of our e-mail to Dane Love. In this regard, please work and cooperate with :Mr. Love. Should you have any questions or conunents, please do not hesitate to call me. Thank you. Very truly yours, NELSON & FRANKENBERGER L'e-...... Charles D. Frankenbetger CDF/bjl Enclosure ~I:~, $>n..Ill>lo<. MoI"",\CI.,.&\O\~tlOD)l;,.., OI'mll7.lIQo Page 1 of2 Charlie Frankenberger From: Charlie Frankenberger Sent: Thursday, August 02, 2007 11 :41 AM To: 'Dane.1ove@att.net'; 'bev.love@att.net': 'fanatics@att.net'; 'dane@kahsar.com'; 'Iovedane@jl,lnb.com' Subject: FW: From "3178468782"("NELSON FRANKENBERGER")(Fax Message NO.6902) Attachments: "PAX200708020933.PDF" Hi Dane, As mentioned, my prior emaHs were returned undeliverable; hopefully, ana oftMse alternative addresses will deliver. Please let me know. Thanks. Charles D. Franke.nbGrger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis IN 46280 Phone: 317 -844~01 Dei Fax: 317-846-8782 h!m:JL www.nf:Jaw.c(!!!J. from: Charlie Frankenberger Sent: ThurSdl:lY, August 02r 2.007 11:2.9 AM To: 'Dane,love@att.net' Subject: AN: From "3178468782"("NELSON FRANKENBERGER.")(Fax Message NO.6902) Charles D. Frankenbl'-'l:ger NELSON & FltANKENBERGER. 3105 East 98th Stteet. Suite 170 Indianapolis IN 462S() Phone: 317-844-0106 Fmc: 317-846-8782 htt.p:LJwww.nfJaw.com From: Charlie Frankenberger Sent~ Thursday, August 02, 2007 11:28 AM To: 'Dane.love@att.net' Subject: FW: From "3178468782"("NI::LSON FRANKENBERGER")(Fax Message NO.6902) Hi DaM, Attached is a drawing of the general area in whh:;h ME Development would grant an easement fOr a (1) driveway and (if) sewer and water. As mentioned. it may be necessary to adjust the exact location of the easement to address any physical constraints and, If necessary, to enhance tree preservation. As such, if you later decided to install the driveway and the sewer, the developer or the Clay Creek Home Owners Association would meet with you, on site, to determine the precise location of the easement. As discussed, the drive way e<::lsement would be for you house only. Also, if and when you decided to install 8/2/2007 Page 2 of2 the driveway and the sewer and water. the costs of installation would be your responsibility, and it would be necessary for you to obtain approval from the Carmel Plan Commission to clear additional trees. I have recently [earned that your neighbor, to your west, has also requested an easement for sewer and wateL The utility eaSE,ments in Clay Creek do to extend to the southern boundary of the lots. As such, a utflity easement for your neighbor could extend east along your driveway and stub into the easement shOwn on the attached drawing. Please confer and cooperate with your neighbor about this. After you review this, please call with any questions or comments you may have_ Thanks. Charles D. Frallkenbctger NELSON & FRANKENBERGER 3105 East 98th Streel, Suite 170 Indhnapolill IN 46280 Phone: 317-844-0106 Fax: 317-846-~782 ~"'\yw:.nf-law.c()rn From: fax@nf-Iaw.com [maflto:fax@nf-Iaw.com] Sent: Thursday, August 02} 2007 9:33 AM To: Charlie Frankenberger Subject: From "3178468182"("NELSON FRANKENBERGER")(Fax Message NO.6902) 8/2/2007 " '~ v... "", -~............. "... 90.36 ....-..~.... -...._- '... ....--- L 28-.2 '41, ,/ ; i! i" 11 III Iii 1,1 111 III 'II 1\1 "\ )11 \,, Il' \', \'\' ", , , Mee~{ng Ho'~e \ '. ... 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Clay Creek CarmeL Indiana EYeqreea _UIl ~ IDfIlI __ .. --. - m~lt1 ,. 11l.aa- \ \ \ -- DANE LOVE ACCESS EASEMENT IIt\I Page 1 of2 .:> Conn, Angelina V From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Monday, July 30, 2007 10:58 AM To: Hollibaugh, Mike P; Conn, Angelina V Subject: Clay Creek Staff Report Attachments: Redilne COmmitments 0716 to 0707.doc Hi Mike and Angie, The primary plat of Clay Creek returns to Subdivision Committee on 8/7. It is our hope to be returned to the August V i'6...Plan Commission with a favorable recommendation and, in advance of Subdivision Committee on August 7, I wanted to share some thoughts with you. We were last before PC and SC about a year ago, in July and August of 06. Everyone seemed content with the density of 1 per acre and the upscale character of the homes, with an expected price range of $750,000 to $950,000 plus, and the focus was on the location of Meeting House Road. Over the last year, we have had meetings with the Mayor and Mike, and have revised our plan to satisfy the residents in High Grove and Clay Springs to the north. The SC which will review this next week is comprises different members than the SC which considered this a year ago. There may be some concern about delay. It may be helpful to explain that the delay was caused by different factors, the most significant of which was the plan revisions, requiring numerous meetings, made to balance the many different interests about Meeting House Road. Fortunately, we arrived at a compromise which balanced the different interests and satisfied the residents to the north. In addition, throughout this process, adjacent owners have remained fully apprised and, as promised, we held another neighborhood meeting on July 12, 2007. The written invitation, sent to those to whom notice of the public hearing was sent last year, notified everyone of both the neighborhood meeting and the SC meeting on 8/7/07. Those who attended the neighborhood meeting from High Grove and Clay Springs were very supportive. Dane Love asked us to provide an easement for utilities and an easement for a drive way to his house. The easement would be in the forested area, about 75' or so east of lot 12. Dane told us that he was not asking us to actually clear trees, stub utilities, and construct a driveway for his house; instead, he wanted an easement in the event he later decided to clear the trees and install the utilities and the drive way. We told Dane that we would provide for a narrow easement to serve only his land and his home, but that he would have to later return to the Plan Commission for approval to clear additional trees. At the neighborhood meeting, Dane told us that this was acceptable to him. The price range mentioned above is pretty much mandated by the expected lot prices. It is also backed by the architectural commitments. In this regard, I have attached the architectural commitments included in the brochure just filed, compared to those in the brochure submitted to Plan Commission last year. As you can see, there are some minor changes. Some unused definitions were deleted, roof pitches were adjusted to be consistent with the standards recently approved for the largest lots in Legacy, and, considering that the front of homes face Meeting House in compliance with the frontage place provisions, the requirement for special architectural features on side elevations was eliminated. However, considering the price range, we expect the side elevations to be attractive. Regarding the orientation of residences, it is my understanding that 6.05.07 provides that where lots are adjacent to an arterial, parkway, or collector, the fronts of the homes will face such thoroughfares. Both Hoover and Meeting House are collectors, and the fronts of all homes on Meeting House face Meeting House. Consequently, It is my understanding that a waiver for home orientation is not needed for the homes on the corner of meeting House and Hoover; however, I can keep the waiver on file just in case. Finally, regarding tree preservation, in determining the extent to which we exceed 15% clearing, I did not include the clearing for Meeting House Road. In this regard, it seemed to me that the PC would not require us to dedicated and install Meeting House, and then also require us to obtain a waiver to clear trees needed to construct Meeting House. So, in calculating the forested area and the tree clearing area, I subtracted trees cleared for the extension of Meeting House Road. Hopefully, this email is helpful. I will call you later to discuss and answer any questions. Thanks. Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 7/30/2007 Page 2 of2 Indianapolis IN 46280 Phone: 317-844-0106 Fax: 317-846-8782 htm: J Lwww.nf-law.colll... ~0-.__~~____.____...._.~_______ 7/30/2007 REMONSTRANCE ~ $dt~ ~/kl ---- ( Date: July 27,2007 Docket No. 06050020 PP: Clay Creek Comes now Dane W. and Beverly A. Love, property owners, affected by the proposed Clay Creek development, and hereby object to the Clay Creek Plat Plan. In support of their objection they would assert as follows: ,0. \.. 1. The removal of'li acre of mature woodlands adjacent and north ofthe property located at 12011 Hoover Road will affect their property value in a substantially adverse maimer. Solution: The proposed lot 12 shall be eliminated. a. Ref. seo 3.07.02 The use or value of the area ad;acent to the proper!v included in the proposed plat will not be affected in a substantiallv adverse manner. b. Ref. seo 7.05.07 Woodlands. 1. No more than (15%) of/antis occupied. as of December 1.1998. bv Mature Woodlands shall be cleared. 2. The property located at 12011 Hoover Road, Carmel, Indiana is an "underdeveloped tract of ground" due to the lack of road frontage (land locked). The property currently has no access to public utilities including sewer, water, and natural gas. Solution: 50' Easement rights shall.be granted for both utilities (water. sewer. and gas) and access (12'-0" wide driveway). a. Ref. seo 6.03.03 Certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity. Consideration shall be f!iven to /Jrovidinf! access to ad;acent, underdeveloped tracts of f!round, including temporary vehicle turnaround where streets are extended to a tract boundary line. b. Ref. SCO 6.05.01 All lots shall abut and have access to a street; said lots each having a minimum frontage at the street right-of:'way of Ii/tv (50) feet. The required lot width cited in the zoning Ordinance shall be at the building setback line. c. The COl1U1mnity supports this access easement as evidenced by the attached petition, which was signed by 100% of homeowners adjacent to the proposed Clay Creek development. The access easement poses no safety threat, will not affect adjacent lot values, and benefits the conullunity due to increased resale values of nearby properties. -;aD? ~ tl ,~ date Be;'erly A. e - Parcel No. 17-09-33-00-00-016.000 12011 Hoover Road, Carmel, IN (2.78 acres) ~h?~ .~ c__ page I of2 REMONSTRANCE In addition, the proposed extension of Meeting House Road through the Clay Creek plat plan does not comply with the following city ordinances: > 5c:TO \ 1. Ref. sca 6.03.07 ....... tl.l1 (ij S~ ~-er-J~ 2. Ref. sca 6.03.15 - C V~VfJ...~l\C : (' L 3 . Ref. :S C a 6.03.16 - '( .e V-\~./\)..t (AJ f\f"i' 3> I-\-o. /l ~ t'-' 4. Ref. sca 6.03.19 - Nt/_f>') ~ ec..Q.Qx~ ':r 5. Ref. sca 6.03.22 - (1ill/~ t(U\J.I) It is our position that if a road is designated as a Colfector then it should comply with construction requirements for same. A cited example of an exception to this is Lake Shore Drive West however it measures 40 feet wide curb to curb. ~ We were annexed by the city of Carmel with the promise of city services. Those services were to include police and fire department protection as well as access to municipal water. Inasmuch as direct access to a city street is currently nonexistent and that weather conditions sometimes prevent ingress and egress through the current 1 OOO-foot long driveway we are requesting that an access easement be granted. The easement shall be granted by the proposed developers of Clay Creek as shown in the attached modification of the plat plan (Plan A or B). For all of the foregoing reasons, the undersigned property owners hereby object to the pro sed CIa fee plat plan. li7-O 7 &uv,~ d ~ date Beverly A. L e Parcel No. 17-09-33-00-00-016.000 12011 Hoover Road, Carmel, IN (2.78 acres) 7-2?-07 date pagc2nf2 .. '--, ( ( Petition for the 1!r.QPosed Clay Creek plat plan .' We. the undersigned, request that the Carmel Subdivision Committee require ~ easement rights be granted to Dane W. and Beverly A. Love by the developers of ( the proposed Clay Creek subdivision. This easement is intended to provide access to and from their property (12011 Hoover Road) from Meeting Ho'use Road as shown on the attached photograph. We feel that it would benefit the community if easement rights were granted. This eliminates a land locked property, which present day regulations do not permit. C_", " . .~ .~..... #~ . ~_____ ft~_~__ ~..___. ~__."__ " I . , . I 4 . ..". II. -... r ~ ....,. .... ! J J "" - ...., ...- .... -- ---- -- 9 I~ ; U ..... .... -II, _II. -.. ...... .... I< . .,' ~.r ::..1 "'~ ~L :1 ':'$~.'-~; - "'~ DeId &oct 317 :. hie- Dane & Beverly Love .....-. --.--..----- ...., ........ . ,-StMO ....... I' m .h"':.......... I / I .........' I ,..."-~...~-~.""'"':'""'------^-~--, 1 H , .. . . . . - ...... I . ~ . ___L_._._ o.l&>x~.lJIOt2~_~_J 12011 Hoover Road ". , .- "I ~. -A' I! "I i~----._-_.~ Ji r A: 11 . I ~.... McMIt 0*_118 lA;I310 .. ,I ,I jl II P .' II I I I .' ____~_w -, 'IIt,-_ '\ - .' ".-. I. \ PLAN A ~G.~ "PtIsJ 1\ Scmft' hit It). tt~1!3t .- <C z <C ..J c.. '1 , ------- , ----- -- 0'..: .0..'.. -.t. .... _ ;.....~ ~ I ~ r-:-::'~.': :....L '~ I ..t';~~ I I .~! .....~._----:: I i ~_L........._._. 3 '_II. -.. 4' .,.. u. -.. ~.-:;.::.- I . ~.~. .. .;$19"WZ'r~oo: -"~ --. '0. ti: r" . ;:..1 -" ''0' : O' . ~I. ...... 'I , , "-~ O!III! .BoiU17 ..--hIe .ft8 ':i~_____.'-:':":":'::::':-__ , , .. . "I .. ij ~i .II H-------.~ Ii A! JI . , -...., PLAN B l / -~---- j (\\ I. \ \ l \ 1\: , \ '-""'t'.;.' ..----.., ~ ~~-..::..- II . ...., iI. UO.. .:;!,b~:'~ti_;",~#t.t "i Dane and Beverly Love 120 II Hoover Road ~M!l\o DNd Book 214: Il'1OI 2 ~ J tkMa. 0eId IIlQ 118 page 31 a Jaa G. ~ nlPlBrI\~l hsl. MD, f12n34 ' I . I I I I I I co Z <C .....J a.. Explanation of modifications to Plan A Modification Benefit 1 The eastern set of reverse curves on Meeting Motorist speed reduction House Road (Collector Road) has hlld their radii reduced to match those to the \vest. 2 Elimination of Lot 12. This will minimize devaluation of adjacent property values by saving at least ~ acre of mature woodlands. It also provides u larger and more useful contiguous open space. The approximate 2-acre park-like setting could be enhanced with the uddition of a shelter and picnic area that would be desirable and useful to future Clay Creek residents. 3 Addition ofa 50' wide utility and access Complies with SC06.05.01 and sca 6.05.03 easement (shaded in red) 4 Addition of a 10' wide utility easement (shaded This is a contingency reserved for the property in blue) located at 12021 Hoover Road should uti I ity easements not be otherwise provided. Explanation of modifications to Plan B Modification Benefit 1 The NE corners of lot 11 and 12 were moved This allows greater flexibility in locating the slightly northwest easement from 12011 Hoover Road to Meeting House Road. ., Addition of a 50' wide utility and acccss Complies with SCOG.05.0 I and sea 6.05.03 .J easement (shaded in red). 4 Addition of a 10' wide utility easement (shaded This is a contingency reserved for the property in blue) located at 12021 Hoover Road should utility easements not be otherwise provided. 12021 Hoover Road Carmel, Indiana 46032 July 19,2007 ~ HECE/VE/) JlJL :> ~ 4 2007 DOCS Dept. of Community Services 1 Civic Square Carmel, Indiana 46032 Attention: Michael Hollibaugh Subject: Clay Creek Development Michael, Attached is a copy of the letter I sent to M&E Development Co. regarding the Clay Creek Development. Please forward copies to the subdivision committee members. Thank you for your time and effort. Sincerely, ~L /fJ.--." 0 ~ Donald Hayes /lJvT 12021 Hoover Road Carmel~ Indiana 46032 July 19,2007 ME Development Co. LLC 5S Monument Circle Suite 201 Indianapolis, Indiana 46204 /I bc <,.['1 f~-/)^ _ L<Y~J {)tt~p ;;> Attention: Bob Ellis Subject: Clay Creek Development Gentlemen, I was unable to attend the neighborhood meeting on July 12, 2007 at the office of Nelson Frankenberger Attorneys. I understand that easements for utilities were discussed. My property at 12021 Hoover Road borders your proposed subject development on the south side. I am requesting easement access to utilities for future hook-up. At a meeting on June 19, 2007 with Carmel Mayor Jim Brainard, Michael Hollibaugh, Department of Community Services and Dane Love, my neighbor we were informed that developers of adjacent land 1ry and provide easements for acCess to utilities. I am looking forward to your timely response to this matter. Sincerely, -f}:;C-J~ %~ Donald Hayes (J C.c. Mr. -Michael Hollibaugh [- I \ I r) Q 'l?: f~l j;;i II" Q; ~ J!:' '~::1' 0 ~ n (V u ^ < ~ r1> o 'CD H,Q ':5 C ~Q ~'" ," ~:~' ('V -4.: Q;:: ........ ~...... .. ,. ... cr: r:::':J '-.;::/ @J"-::; . .. ... ~ :;--. -... -...~ <t. o -h bJ :3 :3 ~ ::5 -\- -<. (J) (\.l '\ < D ~ 0' lj) I o - ~ D Q C tQ :5-' ;) , -~1 . . I) - n \ Q l'JCi: -Y' D ~ i 3 N SI (t' \) -=c- , o.-..L.. I H D D I /<.~ "-~ (V ( , If) I -t:. ~~ w ~ f'J H 2 :~ 0 - ~... ~ ~ r :r,.- f.J "t} I) 0 () r \.1 I-~ ((j 1J 10'-1 S &: (1'i ~ ~ K~ NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMP.S E. SI-IINA VER LA WRENCE J KEMPER JOHN S. FLATT A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846-8782 www.nf-Iaw.com FREDRIC LAWRENCE DAVID J. LICHTENBERGER JESSICA S. OWENS OfCounscl JANE B: MERRILL July 19, 2007 Via hand delivery o RfCf::jl,l/rr-",.. """'[T/jj J" ~. ,}t i Angie Conn City of Carmel One Civic Square Carmel, IN 46032 DOCS RE: Clay Creek Docket No. 06050020 PP Dear Angie: Enclosed you will find 12 informational brochures for the upcoming Subdivision Committee meeting on August 7, 2007. Should you have any questions or cOlllil1ents, please do not hesitate to call me. As always, we much appreciate your help. Very truly yours, NELSON AND FRANKENBERGER ;? C L..-, L.-.. Charles D. Frankenberger CDF/bjt Enclosures H:\[J(X;t.Y\Z(lllifl8 & Real F.SH'lIC M.:Ulcrs'lLu 10 A CUIIIl 071901.doc Page 1 of 1 Conn, Angelina V From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Saturday, May 19,20077:59 AM To: Conn, Angelina V Subject: RE: June 5 subdivision committee items to table? Hi Angie, Regarding Shelborne--Yesterday Liz Hobbs of Indiana Land Development relayed to me that Shelborne was withdrawn. Liz indicated that this had conveyed this to Mike Hollibaugh. You may want to check this with Mike and, if you need further verification, please contact Liz directly at 459-0462. Regarding Clay Creek--Please show this as continued until June 28. As an update, the Mayor, Mike Hollibaugh, the developer, and I met on Friday, and it looks like we have reached consensus on a revised plan. Mike was going to run it by Mike McBride, but it looks like we will go to Subdivision Committee on 6/28. In the interim, please show us as continued on the 6/5 Subdivision Committee agenda. Please let me know if you have any questions. Thanks for checking with me! From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Thursday, May 17, 2007 1:09 PM To: Charlie Frankenberger Cc: Hancock, Ramona B; Stewart, Lisa M Subject: June 5 subdivision committee items to table? Hi Charlie: Do you still want these two items shown as continued on the June 5 Subdivision Committee meeting agenda? 1. CONT. TO JUNE 28 - Docket No. 06010005 Z: Sbelborne Property PUD The applicant seeks to rezone 20 acres from S l/Residential to PUD/PJanned Unit Development for the purpose of developing single-family residences. The site is located on the west side of Shelborne Road, north of 121 st Street. Filed by Charles Frankenberger of Nelson and Frankenberger for Indiana Land Development Co. 2. CONT. TO JUNE 28 - Docket No. 06050020 PP: Clay Creek The applicant seeks to plat 30 lots on 29.971 acres. The site is located on Hoover Road north of 116th Street and is zoned S 1. The applicant seeks the following waivers for the proposed plat: 06050022 SW: sea Chapter 6.05.07 Orientation of Rome - request to allow dwellings to face internaL street 06050023 SW: sca Chapter 7.05.07 Clearing of greater than 15% of mature woodlands. Filed by Charlie Frankenberger for MHE Development Co. LLC. Please email me back and let me know. Thank you. Angie Conn, Planning Administrator Dept. of Community Services ~ Planning & Zoning 1 Civic Square, 3rd Floor City of Carmel, IN 46032 p.317-571-2417 f.317-571-2426 aeon n@carmel.in.gov 5/21/2007 Page 1 of 1 Conn, Angelina V ~"""~""~.~__,__".~~,~,___...,~.,.~c~~_.-.--r<~-"..",-"",;~-;"~".,,,., ~,"",_",,,.,,_,,,,,;-=,,~~_,_~~__,,,,,,",,,'..,.;:-c-~~_'"N~~M~__~'~'"_""".~".~,,;'"'-'~;'~"''-''~~ From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Thursday, April 19, 2007 11 :09 AM To: Conn, Angelina V Subject: RE: items for May 1 subdivision committee meeting? Thanks Angie--please continue both of these. From: Connf Angelina V [mailto:Aconn@carmel.in.gov] Sent: Thursday, April 19, 2007 10:59 AM To: Charlie Frankenberger Subject: items for May 1 subdivision committee meeting? Hi Charlie - Do you want to table these two items to the June 5 subdivision committee meeting? 1. Docket No. 06010005 Z: Shelborne Property PUD The applicant seeks to rezone 20 acres from Sl/Residential to PUD/Planned Unit Development for the purpose of developing single-family residences. The site is located on the west side of She1bome Road, north of 121 st Street. Filed by Charles Frankenberger ofNc1son and Frankenberger for Indiana Land Development Co. 2. Docket No. 06050020 PP: Clay Creek The applicant seeks to plat 30 lots on 29.971 acres. The site is located on Hoover Road north of 116th Street and is zoned Sl. The applicant seeks the following waivers for the proposed plat: 06050022 SW: SCO Chapter 6.05.07 Orientation of Home - request to allow dwellings to face internal street 06050023 SW: SCO Chapter 7.05.07 Clearing of greater than 15% of mature woodlands. Filed by Charlie Frankenberger for MHE Development Co. LLe. Thanks, Angie Conn, Planning Administrator Dept. of Community Services - Planning & Zoning 1 Civic Square, 3rd Floor City of Carmel, IN 46032 p.317-571-2417 f.317-571-2426 aconn@carmel,in.gov 4/1912007 Page 1 of 1 • DeVore, Laura B From: Griffin, Matt L • Sent: Thursday, October 26, 2006 2:22 PM To: DeVore, Laura B Subject: FW: Clay Creek (06050020 PP)--Meeting House Road Print and file accordingly. Matthew L. Griffin, AICP Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel,IN 46032 phone:317.571.2417 fax: 317.571.2426 email:mgriffin@carmel.in.gov From: Charlie Frankenberger [mailto:chalie @NF-LAW.COM] Sent: Monday, October 23, 2006 11:02 AM To: Hollibaugh, Mike P; Griffin, Matt L; Holmes, Christine B Subject: Clay Creek (06050020 PP)--Meeting House Road Hi Mike, Matt, and Christine, Pending feedback on revised plans for Meeting House Road, we need to continue this so that it is not heard on 11/2 at the Special Studies Committee. Please let me know once you have heard any feed back on the revised plans for Meeting House Road. Thanks. 10/26/2006 Page 1 of 1 ~....~..".,.-c--~~",-,._-........~...-",~~-~~_.~;~~.""...,..,..,_.~-~,~",-,...~~-~-~~,.",,,~....,.,._.,.......H~"~'~""'~____~~_~~~.__~"""~__~n~~"_ Conn, Angelina V From: W M [arctic99507@yahoo.com] Sent: Saturday, October 07,20069:53 PM To: Conn, Angelina V Subject: Clay Creek Development Ms Conn, As a resident of High Grove, although my lot will not be affected by the extension of Meeting House Road, I do have some concerns in regards to building all these "feeder" streets that cuts across various subdivisions. I've seen the plans that have been proposed throughout Cannel, but what I dont seem to understand is why? If its due to congestion, the only thing these feedenoads will do is divert the "bottleneck" areas to another road. Why not fix the problems where they exist? Which is the main roads that cut across Carmel, meaning roads like 116th St, 132nd (?), 146th etc. For example, ifI'm headed east on 116th and turning on Hoover during rush hour, there is usually a long wait for the west bound traffic to clear. There is no separate turning lanes for Hoover. This then backs up (creating a bottleneck) east bound traffic. Same for Shelboume, and others off ll6st. I'm sure you can create a roundabout, but wouldn't just a separate turning lane solve all that? It would probably cost a whole lot less and less time for closure ofroads. And the biggest conem I have is that for every mile ofroad we create brand new, that's more money down the line for repairs, snow removal, landscaping, etc. Yes, there will be more houses built to supplement those costs through tax dollars, but why not use that money more wisely like fire, police, EMS, etc. My issues are that we should place our tax dollars (probably everyone's favorite catch phrase) to better use for road development through out Cannel. If there was no road, then the problems between High Grove and Clay Creek would be a moot point. William Ma High Grove (Carmel) Resident Get your own web address for j ltst $1 .99/1 st yr. We'll help. Yahoo t Small Business. 10/912006 Page 1 of 1 Conn, Angelina V "_~..'.__"_'~O"~,"""",""",,"'~_'''''''''''''''''--C'~''~ ,.,_____..:.~"'CC.,...~--~~-..."'-~'~o"n""--~-~.....,--"..'.,...-C-H..,.~~~~""">M"~."..,-~~,~ From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Monday, September 25,20062:32 PM To: Hollibaugh, Mike P; Griffin, Matt L; Conn, Angelina V Subject: Clay Creek/Meeting House Road Hi Mike, Matt, and Angie, Today I mailed to Mike 3 copies of the revised plans. They are revised to show a 70' ROW for Meeting House Road. I think they represent the best balance of different interests, and show some sensitivity to the neighbors to the north. We will not be in a position to go to Subdivision Committee on 10/3--please show us as continued. If the revised plans are going in the right direction, we will return to Subdivision Committee in November. As always, thanks for your help. 9/2512006 Page 1 of 1 Conn, Angelina V From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Tuesday, August 22, 2006 1 :36 PM To: Hollibaugh, Mike P; Griffin, Matt L; Conn, Angelina V Subject: Clay Creek Hi Mike. Matt, and Angie, After much consideration and discussion among the owner, builder, and other members of the development team, it was decided that the plan discussed at our last meeting, while creative, is not feasible for the custom homes. Among the reasons are that homes situated on the divided do not allow a sense of community, rear yards along the thoroughfare are not functional because of the long rear driveways, and the existence of 2 lanes of pavements through the rear yards of lots along the thoroughfare. We would like to meet and discuss the possibility of keeping Meeting House Road along the northern boundary, and reducing the width of pavement, eliminating the median, adding landscaping, etc...Perhaps this next meeting should be with the Mayor, as well. In the interim, it appears that this will not be resolved in time for a meaningful submittal for the 9/5 Committee and, consequently, we would like to be tabled/continued from 9/5 Committee meeting. Please let me know your thoughts. Thanks. 8/22/2006 f _ u u Page 1 of 1 Conn, Angelina V """"'C""",""""_""".'~"'"'-i,"~.."."~~"._"..-~~,"",,,'~-C~---'~~"""""'"""-"""'~.~,~,.~_...,... From: Brewer, Scott 1 Sent: Sunday, August 06, 2006 11 :29 PM To: 'Doug Boehme' Cc: Duncan, Gary R; Griffin, Matt L; Holmes, Christine B; Conn, Angelina V; 'Charlie Frankenberger'; 'Gary Merritt' Subject: FW: Clay Creek Proposed Development Attachments: IMG_0452.JPG; IMG_0454.JPG Dear Doug: Thank you for emailing me. I appreciate your concern for this particular tree, and the construction during the development of this subdivision. I will pass your concerns on to the Engineering and Planning departments, the attorney for the developer, and the developer. I can not promise you anything about moving the roadway to allow the trees more room, the roadway has been on our throughway plan for several years. I will do what I can to see to the preservation of perimeter bufferyard trees, but sometimes there is nothing I can do. The City believes in tree preservation, but not at the sake of large trees becoming hazards for those living and traveling nearby. I would suggest you begin a dialogue with the developer, if you have not already, and let him know of your concerns and desires. Scott Brewer, City Forester Environmental Planner, DOCS City of Carmel, One Civic Square Carmel, IN 46032 PH: 317-571-2478 FAX: 317-571-2426 From: Doug Boehme (mailto:dboehme@indy.rr.com] Sent: Tuesday, August 01, 2006 12:28 PM To: Brewer, Scott I Subject: Clay Creek Proposed Development Scott You have been contacted by Kevin Vannoy from High Grove subdivision regarding the proposed development of Clay Creek just south of him. I live in Clay Springs which is also affected by this proposed development. Our opposition to the developer is not specifically toward the development but rather their insistence of placing a major collector street (Meeting House Road) between our property lines and their development. I have enclosed a picture of a very large Oak on that tree line behind my house. The developer is proposing the road to be 10' off the property line which will cause for the removal of this Oak and well as the tree line of 13+ homes. Please see the attached pictures (to give you perspective, the woman in the picture is my daughter who is 5'8"). Please let me know when you will be visiting this site. Thanks, Doug Boehme 1355 Clay Spring Dr. 8/7/2006 Page 1 01'2 : Holmes, Christine B From: Sent: To: dane love@att.net Tuesday, August 01,200612:11 AM Holmes, Christine B; Jerry Chomanczuk; Dan Dutcher; Wayne Haney; Heber, Kevin; Rick Ripma; Forwarding Email, Torre deleine; Susan Westermeier; Rattermann, Mark; Steven Stromquist ay Creek D welopment - Aug. 1 Subdivision Meeting Subject: Christine, Here are some additional comments. Please distribute prior to the meeting. I would like this to be read and recorded during the August 1 st Plan Commision Commitee meeting. Thanks. The Clay Creek plmmed subdivision is located in an area classified as "Conservation Residential" with the purpose "to establish housing opportunities for people who desire estate residential, rural living, or living in close proximity to natural features". The primary natural feature are the woodlands which ME Development Company has requested your permission, by means of a waiver, to clear. The initial plan presented in a drawing dated May 17th shows approximately 32% ofthe woodlands being cleared. 11 % of the total being cleared for the purpose of extending Meeting House Road. The revised plan made available to me is dated July 7th and shows additional woodland clearing. The plan does not state the area to be cleared but it appears to be one additional acre more or less. If that is the case then ME Development Company is now requesting your permission to clear 42%. My understanding is that a maximum of 15% woodland clearing is allowed. Allowing nearly 2 1/2 times the limit is excessive. This particular piece of property is unique within the west clay area and should not be compromised without careful examination and consideration. I suggest that each of you spend an afternoon explori ng this beautiful piece of property. Please feel free to contact me. I will be pleased to provide a walking tour. Best Regards, Dane Love 12011 Hoover Road. Christne, Thank you for your time this morning regarding my objections to the Clay Creek subdivision plan. I am lUlable to forward the e-mail that I had sent to Mr. Ratterman but I do have the jpegs so I've attached them. My objections include: 1) the clearing of woodlands particularly those adjacent and north of my property, 2) the Nakama Lane Stub into the side of my property. My suggested solutions: 1) reduce the size of the retention pond and move lots 11 & 12 north or simply eliminate lot 11,2) provide access onto my property from Nakoma Lane in an attractive mamler. Since Nakoma Lane is a public street leading to a private property an electrified security gate should be installed to prevent unwanted traffic. I will be out of town next week and am therefore sending this information in advance of the 8/1 subdivision meeting. Please distribute this e-mail to those involved. 8/1/2006 Page 2 of2 " FYI and perhaps of interest: On 12/4/97 my son took the two arrowheads/spearpoints to school for show and tell. This was during a visit by an archaeologist named Cameron Quimbach. He described the two arifacts as follows: 1) ScottsblutI, Early Archaic, 6,800 B.c. - 6,400 B.C. 2) Chert, Burlington T believe that a person from the DNR visited the site and described them a little differently as follows: 1) Late Paleo Lanceolate, 8,500 B.C. - 7,000 B.C., like Agate Basin and Hi-La 2) Brewerton Eared Notched, 3,500 - 1,000 B.C. He may have also recorded the site although we have no record of that. My wife said that he asked if we would like to give the site a name and she told him yes. The name was "Dane Sherriff Love Site". Best Regards, Dane Love 12011 Hoover Road Carmel, IN 46032 (317)294-2544 - cell To Carmel Plan Commision Members (whose e-mail addresses are available), I want to thank those of you who attended the July 18th Commision Meeting. My impressions ofthose who attended are favorable and I appreciate your participation in the planning commision. My name is Dane Love. My wife and I have lived at 12011 Hoover Road since 1979. I knew Imo and Tvan Newby (formerly resided where High Grove is now located) and I know Janet and Ernest McMaw (formerly resided at 12021 Hoover Road). I understand the issues regarding the Clay Springs plat plan and the objections voiced by those currently residing in High Grove and Clay Springs. I submitted my recommendations in wTitten form along with a marked up plat plan and photographs. Please feel free to contact me should you have any questions. You may contact me by return e-mail or phone. My cell phone number is 294-2544. Thank you, Dane Love. 8/112006 'li. August 1, 2006 Carmel Planning Commission Carmel City Hall One Civic Square Carmel, IN 46032 ----.. ./ .1~'" .",./'J,., ~ t.if;-, . ~ /~.., Subject: Clay Creek Development Doc Number 06050020 ..1 .~ A'!")" J. " ~ Dear Cannel Plannjng Commission, As residents of Cannel, we are concerned about the currently proposed Clay Creek development. Our concerns don't lie with the actual community. We are happy to see a development with $800,000+ houses being constructed near our subdivisions. It is exactly the type of community that Carmel wants to attract. Our concerns lie with the 2- lane Residential Parkway that the city is requiring the developer to build. Specifically, we are concerned that the proposed road will be constructed with only a 10 foot buffer between our backyards and the pavement. The proximity of the road and lack of buffer create serious safety concerns. Our children will not be able to playas they do now in their own backyards. The current proposed plan shows a 36 foot buffer between the new Clay Creek development and the road, and only a 10 foot buffer between the road and High Grove's and Clay Spring's property. Some of the homes in both developments have numerous mature trees bordering the adjacent propeliy that are in jeopardy of being cut down based on the developer's placement ofthe thoroughfare. Other homes have very little existing trees to block the road. Additionally we are greatly concerned with the volume of noise resulting from traffic in such close proximity to our custom homes. This will directly affect our quality of life along with our property values. This would also be inconsistent with the Carnlel Consolidated Comprehensive Plan (C3), West Carmel Polices and Objectives, objective 3.1: "Reinforce rural character including tree lines... and preservation o.{wood lots. Residential intensity can exist. but generally should not be obviou.sly portrayed from perimeter roads. " On the topic of buffering, specjfic requirements of the Carmel Zoning Ordinance are not being met in the proposed plan. The proposed road would create "Double Frontage" for both the proposed subdivisjon and the existing subdivisions. Per Chapter 26 of the Carmel City Code, "Additional Height, Yard, Lot Area and Buffering Regulations," the following are not bejng adhered to: 26.03.03 Double frontage lots should not be platted except along arterial streets where lots may face on an interior street and back up to such thoroughfares. In i I .. 1l the event, a planting strip easement, at least twenty (20) feet in width, shall be provided along the back of the lot. 26.04.03 Where res~dential or other buildings back onto a public thoroughfare, buffer plantings shall occur outside of the public right-of-way, per the Tables below. 26.04.04 Perimeter buffering shall not be located within any portion of a dedicated public street right-of:way, private street right-of-way, or County regulated drain easement. This proposal went before the Planning Commission on July 18, 2006. The new thoroughfare is designed to have a 12 foot landscaped median. There was an idea from the Commission to eliminate the median and use the extra land and landscaping to increase the buffer on the High Grove/Clay Sptings side of the road. The City responded with the desire for a median listing safety as one of the reasons. It is our understanding pef the C3 Plan that if a median is used, the road is a Residential Parkvvay not a Collector Street, as the developer and city are calling it. A Residential Parkway has a right-of-way of 120 feet, which is considerably more than the proposed 80 feet right-of-way. We strongly urge the following changes to the proposed plan: 1. Preserving the existing tree line that borders the properties; 2. Reconfigure the road to prevent double frontage of existing homes in High Grove and Clay Springs. 3. Providing an adequate buffer (at least 36 feet) between the proposed thoroughfare and existing homes, as required by the Zoning Ordinances and the C3 Plan. There are three parties trying to accomplish goals in this situation. The city has spent time and effort to develop a 20 year plan and this road is viewed as an integral part. The developer wants to build a beautiful subdivision and attract new home buyers. The residents for High Grove and Clay Springs want to protect our current properties with adequate buffering fTOm the new road. This topic is scheduled to be discussed at the Subdivision Committee on August 1, 2006. Weare hoping that a compromise can be reached that is agreeable to all three parties. We ask for your support in reaching this goaL Our contact person is Elizabeth Vannoy and can be reached at evannoy@hotmail.com. Thank you in advance for your consideration to this matter. Sincerely, THE CONCERNED HOME OWNERS OF HIGH GROVE & CLAY SPRINGS Signatures are on file with the Department of Community Services. } .~ <:3 - [- 0 (p COMPTON REALTY CO. 2015 Broad Ripple Ave. Indianapolis, IN 46220 1-317-253-3467; 1-317-257-8384 (fax) 7/31/06 To: Mr. Doug Boehme 1355 Clay Springs Drive Carmel, Indiana 46032 Re: Proposed Development of the adjoining property to the south of Clay Springs and High Grove Additions, Carmel, IN Per your request of an opinion of a proposed development to be commonly known as Clay Creek that is to adjoin the above captioned additions, I have personally inspected the site and have made an opinion of the overall affect of the proposed development. I am a certified general appraiser who has been appraising residential developments and residential properHes in Hamilton County, more specifically Clay Township since the early 1970' s. I had originally appraised the Clay Springs development and am concerned about the proposed project not only from the affect on the immediate and adjoining residential dwellings but the original intent of the developer(s) and city planners. If a divided street or boulevard is put in place as rendered in an attached drawing, it will create a double frontage for those properties backing up to the proposed development. I know of no other developments with this proposed situation in Clay Township. You and the adjoining residences anticipated that a development would be built and more than likely your homes would be backing up to the back yards of a like type single family development that is typically found in Clay Township. I understand that Meeting House Road may at some time in the future hook-up to Ditch Road by the proposed boulevard behind your property. Currently, Meeting House Road is a two Jane, non-divided, city street with egress/ingress off Hoover Road. Planning shoulcllook very carefully at the road and either have a turn at the street going cast to the proposed development or require extensi ve screening. In no way should the present tree line that backs up to your yard(s) should be removed. There are 100+ year old trees and a conscientious effort should be made to preserve this tree line. Therefore, it is my opinion that this proposed divided road or boulevard would create a large amount of traffic and one may realize devaluation in property va1ue(s). . . . . l ~ '}, - Looking south at 1355 Clay Springs and tree line Oak tree in tree line . " 1- Looking east at tree line behind 1355 Clay Springs Looking west on tree line from 1355 ..;; p' , ~:~i . ,;'~~ ,;,~.;i b ~ " 1- .;/l' ,::j,; ~ - ) ~ 4 \. .0 ..1 .':) l::. ,{,;>:". j ~' .' ~~ "'1 i ~ ~~ 'on , . ~ ~ W w a: U ~~ .-JU o Page 1 of2 Holmes, Christine B From: dane,love@att.net Sent: Thursday, July 27,200610:12 AM To: Holmes, Christine B Subject: Clay Creek Development - July 18 Commision Meeting Christine, Thank you for your time this morning regarding my objections to the Clay Creek subdivision plan. I am unable to forward the e-mail that J had sent to Mr. Rattennan but I do have the jpegs so I've attached them. My objections include: 1) the clearing of woodlands particularly those adjacent and north of my property, 2) the Nakama Lane Stub into the side of my property. My suggested solutions: 1) reduce the size of the retention pond and move lots 11 & 12 nOlih or simply eliminate lot 11, 2) provide access onto my property from Nakama Lane in an attractive manner. Since Nakama Lane is a public street leading to a private property an electrified security gate should be installed to prevent unwanted traffic. I will be out of town next week and am therefore sending this information in advance of the 8/ 1 subdivision meeting. Please distribute this e-mail to those involved. FYI and perhaps of interest: On 12/4/97 my son took the two arrowheads/spearpoints to school for show and tell. This was during a visit by an archaeologist named Cameron Quimbach. He described the two arifacts as follows: 1) Scottsbluff, Early Archaic, 6,800 B.C. - 6,400 B.C. 2) Chert, Burlington J believe that a person from the DNR visited the site and described them a little differently as follows: 1) Late Paleo Lanceolate, 8,500 B.C. - 7,000 RC., like Agate Basin and Hi-Lo 2) Brewerton Eared Notched, 3,500 - 1,000 B.c. He may have also recorded the site although we have no record of that. My wife said that he asked if we would hke to give the site a name and she told him yes. The name was "Dane Sherriff Love Site". Best Regards, Dane Love 12011 Hoover Road Carmel, IN 46032 (317)294-2544 - cell To Carmel Plan Commision Members (whose e-mail addresses are available), I want to thank those of you who attended the July 18th Commision Meeting. My impressions of those who attended are favorable and I appreciate your participation in the planning commision. My name is Dane Love. My wife and 1 have lived at 12011 Hoover Road since 1979. I knew Imo and Ivan Newby 7/28/2006 I / Page 2 of2 (formerly resided where High Grove is now located) and I know Janet and Ernest McMaVv' (formerly resided at 12021 Hoover Road). I understand the issues regarding the Clay Springs plat plan and the objections voiced by those currently residing in High Grove and Clay Springs. I submitted my recommendations in written form along with a marked up plat plan and photographs. Please feel free to contact me should you have any questions. You may contact me by return e-mail or phone. My cell phone number is 294-2544. Thank. you, Dane Love. 7/28/2006 Page 3 of3 8440 Allison Point, Suite 200 Indianapolis, IN 46250 317 -806-1766 office 317-714-7713 mobil 317 -84 9-3486 fax 7/28/2006 : ". :," ",,' .~. .-"., . " ,:'.\' J~ &.:.1' j'\~./:'..\ (::v~~ w.~:, ", . ,;----- -- -- -.-"- -'-':."-.,~- ~.. --.- -~_......... ....... \ , ~ CllWrJ:2 1 \. ... tIa;' . 0 . .... .. -........ ~, .- ~ ./:.:' ''', ,.,....~~-:-:.<~~.c \~:~:-=-.-' . . ~,~;_. _.:.. . __=.' .:..:.__ __ __.,.___l .::..-rr . '-. r-~- I .....-.. / ~. --- 1.., _.._____ .,' r ----- ..'-...... \---.-/,., "., " r---~~. . , tOo /' \ . '. '" '\. . ". ./ / / / /. I , -.. ~/ ! - ,-.. \.- ./. '"'" . I I I I __ ....- ~posed Clay- ~ Plat Plan R~~sion - 7/18106 - by Dane Love. 1) Reducewidtb (north/south dimension) of Pond by 80 ft. 2) Move lots 11 and 12 north. 80 ft. 3) Retain 80ft. width of Native Indiana l1art:twood forest as a barrier. 4) Extend Nakama Lane onto Love ~l and - ';-:-blCi.'id'iJIttrexiS'ting drive:.~""'----:-'.'::".., ". .. ',- .a1~ II i/It._. .\ ". " '- . , \. \ ._~-~. Proposed Clay Creek Plat Plan Revision Dane Love 7/18/06 1) Drainage a. Reduce width (north/south dimension) of pond by 80 ft. i. . Pond appears proportionately lar8~ for area served ii. Natural drainage direction of the western most portion of plat (that area primarily containing lots 5 through 10) is to the southwest not to the northeast where. the: pond is,located. 2) Mature Woodland (Native Indiana fIardwood) Preservation a. Move lots 11 & 12 north 80 ft. . i. Approx. 80 ft. tall walnut trees located primarily in lot 11 1. See photos marked A and B 2. Smaller and less mature trees shown in photos C &. D and . are located in lot 12 b. Retain 80 ft. widt4 of matUre Native Indiana woodland. This is land just south of and adJacent to lot 11. . . 3) Extend Nakoma Lane onto Love parcel and blend into existing .driveway a. This \Vill prevent an unsightly ~~ stu9" as shown in photos E and F L Photos E& F taken from the Clay Springs development ii. Photo G shows existing driveway. .. ~ V lU!OO wOJJ M;)!^ !S;).'I\lpJOl\ r Blue Line = Creek ~- Red Line = Shell Oil Pipeline r Yellow outlined area is the northwest quarter of the southeast quarter of section 33, township 18 DOrt'b, range 3 east, containinl 40 acres, more or less. This property was -~ originally transferred to John Hardin [ from the United States Govml1IlCDt ~ on September 5, 1835. : Green Highlighted area is my loeatioo ~ J Proposed Clay Creek Plat Plan Revision Dane Love 7/18/06 1) Drainage a Reduce width (north/south dimension) of pond by 80 ft. 1. Pond appears proportionately large for area served 11. Natural drainage direction of the western most portion of plat (that area primarily containing lots 5 through 10) is to the southwest not to the northeast where the pond is located. 2) Mature Woodland (Native Indiana Hardwood) Preservation a. Move lots 11 & 12 north 80 ft, L Approx. 80 ft. tall walnut trees located primarily in lot 11 1, See photos marked A and B 2. Smaller and less mature trees shown in photos C & D and are located in lot 12 b, Retain 80 ft. width of mature Native Indiana woodland. This is land just south of and adjacent to lot 11, 3) Extend Nakama Lane onto Love parcel and blend into existing driveway a, This will prevent an unsightly "stub" as shown in photos E and F j. Photos E & F taken from the Clay Springs development ii Photo G shows existing driveway. 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" /_ _ I r 1 - '.. ~-- n..t 7 -...... \ ''''-~-'''''--./ ~ ....rf l / i ---'-'~~:~~"(-j '-~ /_~-,~/- " " " :/, t'-' , _ ---~......==:-". - \ \ ;.:; /' I' \~ IlIdii " \ ,J ~ / . if '.../ _.,~ _ \. \ '- "'", ., \. -.~_ ".,.,/' ....-/' \....... .~~. ~ -":...... ';.-0/ i I :.--' ./ <::::~.~/ '" '. _......."--....... __ / /' ... \ ,,____ ! f / ..."" '\ ............ .....-- ----- --- -- ......... - ....- \, \. '\.,.. - --~--' ./ / ,....r-.----..... \"'" ""--- ._-.~~r___/i J -""\ .__..__.....___""""-._.~r '""",-- ./ J'.'~._.- - .'. /-...., . I ~..... ,--.-"' . '".' I ;" i .~\ " , ", --. /' / ../"~' ...........- "----..." Proposed Clay ~ Plat Plan Re~ision . 7/18/06 . by Dane Love j!~ Ii ,/ I-~_. 1) Reduce width (north/south dimension) of Pond by 80 ft. 2) Move Lots 11 and 12 north 80 ft. 3) Retain 80 ft. width of Native Indiana hardwood forest as a barrier. 4) Extend Nakoma Lane ont~.I:o~.e parc~! and. - .: blend" into-existing drive. 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F 1 Page 1 of 1 Conn, Angelina V From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Friday, June 15, 2007 1:44 PM To: Hollibaugh, Mike P; Conn, Angelina V Subject: Clay Creek Hi Mike and Angie, It ahs taken longer than expected to revise all of the plans (landscape, tree preservation, ete) to address the revised site plan, and we need to have a neighborhood meeting and, consequently, we will need to return to Subdivision Committee on August 7 and not on June 28 Please indicate this on the Agenda, and let me know if you have any questions or comments. Thanks. TGIF! 6/15/2007