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HomeMy WebLinkAboutCorrespondence ,:;" August 28, 2006 u u Re: 09/05/06 Hearing on Townhomes at Central Park Project Dear Thanks to you and all the Subdivision Committee members for taking the time to listen to citizens' concerns related to the proposed Townhomes at Central Park development. I believe the consensus of our group (Creekside, Wood Valley, Pine Valley, Jordan Woods, and residents along Westfield Boulevard) is that we have no quarrel with development, so long as it fits the guidelines established by the Comprehensive Plan, reasonably respects the property rights of nearby residents and somehow passes a common sense test on fit to context. We have argued that to date, tIus development fai Is on all the above tests - being, among other things, too tall and too dense to offer a graceful transition between commercial and residential, destructive of too many trees to serve the goal of preserving existing tree canopy, and unleashing too many cars into an area already fraught with traffic problems. We have offered examples ofthe types of development that we would consider appropriate and acceptable. To date, the developers have taken only token, baby steps to alleviate our initial concerns and to fit their design to the provisions of the Comprehensive Plan. We would like to add some additional commentary for your consideration during the upcoming hearing: 1. The area under consideration is designated under the Comprehensive Plan, in the Land Classification Plan as Multi-family Residential. (Interestingly, it is the only parcel on the Classification Map so designated in the whole township south of 1 1 6th Street, except those already occupied by that usage.) The plan plainly states under "Structure Features" that the maximum is two stories, or three stories, if context reflects the same scale. (italics mine). There is nothing within a half mile of this site that even vaguely suggests a context for three story scale. The density standards in the Land Classification Plan call for multi-family developments of seven units per acre or greater. Another section in the Comprehensive Plan calls f~r "avoiding unplanned or harsh contrasts in height, building orientation, character, land use, and density". This would certainly suggest that this plot, introduced into an existing single family residential area that has probably less than one unit per acre, be limited to a density that is very low in the range specified in the Classification Plan. Based upon the above, we believe that any further proposal for this plot that is greater than two stories in height and greater that eight units per acre should be rejected out of hand -- disapproved as inconsistent with the Comprehensive Plan and its included Classification Plan. 2. The recent approval of plans for both Gramercy and the PUDat 96th and Westfield have added to increasing concern among Carmel citizens that "anything goes" in zoning, and that we are rushing headlong into beconting an overcrowded brick city.W e need some assurance that someone is watching the store, and that urban style growth, while at some level desirable, will ~completelY overwhelm the comfortabb-lesidential, family- oriented character of Carmel that lured many, if not most, of us here. Erecting "twin towers" of three story buildings at each end of the Westfield Corridor between 96th and 1161h would seem to offer a clear intention to add this stretch to the burgeoning new urban movement and a clear invitation to developers to make it happen. We would submit that the Westfield Corridor is a unique and beautiful asset of the city that should be preserved as a green, single-family residential entranceway to a more urban downtown Carmel. That is the usage specified in the Comprehensive Plan. We would strongly urge that, in accordance with the Comprehensive Plan, any development of the site under consideration here lJe evaluated for its potential for providing a graceful transition between the commercial/urban character of the 116th Street area and the single-family neighborhoods that it adjoins, not as a free- standing parcel or an invitation to non-standard development. Thanks again for all of your careful deliberations on this proposal. We will look forward to the discussion and decision on September 5. We will be there. Jack Engledow 1819 Wood Valley Drive Cannel, IN 46032 846-7056 j ackengledow@sbcglobal.com Personal Notes from June 29, 2006 plan cOlmnission subdivision committee meeting: VilIa2e on the Monon - 06030005 PP & 06030028 SW Vote: 4-0 favorable recommendation of both docket nos. with tree mitigation & preservation, review species of trees along Rohrer Rd to be the shade tree type, connect to the sidewalk to the south of the site and to no leave a gap, and record the commitments, per the engineering dept. Houses will be 1800 to 2400 sq ft in area and will cost $300 - 400,000. for empty nesters. Trails will be 6-ft wide dusty trails. No remonstrators were present. At the July 18 meeting~ the petitioner will present a site plan that shows conceptual building footprints on all lots (also labeling frontJside/rear yard setbacks). -=--=--~ - _ H . - .. . '.,,:: "..-- -..','..-....~ 1>-" -._..r....:.;o"" ,,". ",L " _ "FoM\n;h.@mes..ati@eii',ti;il~1imt~~1J'(J'o1f~o\fJi:~RlJn' ' KeptLh eoillmittee, to be heard at the August 1 meeting. All trees will be cleared along the Vectren gas pipeline. Units will be 1400 sq ft and around $250- 300,000. Supporters ofproject: Greg Robbins, property owner of the site, has committed to moving any movable large trees on the site to his new place of residence or donate them to the park. Aramore and the park entrance have changed the character ofthe Westfield blvd corridor. Dale Sollenberger: stated that current traffic & noise of dumpster in comer shopping strip interferes with the quality of life. He admits it is not the suburban area the thought is was. This project will fit. Remonstrance: Density is the major issue. It is not in the right location. Westfield boulevard is a tree corridor; keep it that way. Keep it zoned R-l 2 homeowners are in favor of it, while 166 home owners are against it. Drainage issues with site to the north. With all the development going on, the floodplain in Creekside is rising. Jack Engledow: it is too tall, too dense, and will set a precedent for future high density developments along Westfield, cuaing a domino effect. Trees are not adequately preserved during construction; many will die along Westfield Blvd. Townhomes will become rentals. 40% decline in townhome demand. Where wi II guests park? Will urbanization go down to 96th street? A traffic light is needed at 111 th st & Westfield blvd. What about affordable housing? A transition is needed. The major issues from neighbors is: transition~ density, scale. -AC , Page 1 of2 Griffin, Matt L From: Brewer, Scott I Sent: Friday, May 26, 20067:02 PM To: 'Tim Seitz' Cc: Griffin, Matt L; Holmes, Christine B Subject: Town Homes of Central Park Dear Tim: I recently authored this sort of ordinance in reference to another PUD and thought it might apply in part to the Townhomes at Central Park PUD. Because the desire is to take the secondary plat approval out of TAC review and the hands of the plan commission, I believe these changes are required for the PUD. My suggestions for the PUD Landscaping requirements: Section 8 Landsca[ling Reg\jirem.ents 8.1 (a) 2lcmting Standards. Landscaping installed pursuant to this ordinance and the City of Carmel planting s ta n da rd san d B M P s (h tt P .llw\!LW~i. Q(3rmeJ.m.J.l.fu'~el}'ig~$/J)QC~ll..lrR<:lnEQre::;tf.Y..ftl.Q.lNY9.2_Q1Q%.?_Qp.J9IJJ%2~n[f:;le::;% 2Q~t<:lnc:l9I(;t~j;)Q.f) shall be integrated with other functional and ornamental site design elements, where appropriate, such as landscape materials, paths, sidewalks, or any water features. Adequate soil volumes for mature growth shall be considered and supplied for each plant material that is installed. Alternative or pervious paving materials shall be considered, or alternative planting media shall be considered, for urban areas were planting space is limited by restrictions such as buildings, asphalt or concrete paving, building parking decks, etc. Graphic planting details will be supplied to the City of Carmel for each alternative planting situation before ADLS approval of that section. 8.1 (b) Plant Materials.. Landscaping materials shall be appropriate to local growing and climate conditions, and meet the requirements of the ANZI 60.1 (1996) Standards. Plant health and suitability, maintenance, and compatibility with site construction features are critical factors that shall be considered. Plantings should be designed with diversity, structured patterns, and complementary textures and colors, and should reinforce the overall character of the area. 1. Shade trees shall be at least two and a half inches (2 Yz") in caliper diameter when planted. 2. Ornamental trees shall be at least one and a half inch (1 Yz") in caliper diameter when planted. 3. Evergreen trees shall be at least six feet (6') in height when planted. 4. Shrubs shall be at least eighteen inches (18") in height when planted. 5. Ornamental grasses shall attain a mature height of at least three feet (3'). 8.2 Maintenance. (as is) 8.3 Building Base LandscaQing These plantings may help fulfill bufferyard requirements where applicable: The building base landscaping adjacent to the front elevation of each Townhome unit shall include a minimum of five (5) shrubs and/or ornamental grasses Additionally, one shade tree and one ornamental tree shall be planted for every two (2) units If the trees can not be planted between the unit and the sidewalk, then an alternative location may be chosen for planting. The rear of the units should also be planted with trees and ornamental grasses. The planting area shall be ten feet wide (10') on the front and rear and five feet (5') on the sides. Existing trees should be preserved where possible and credit on an unit by unit basis. 8.4 Perimeter Planting and BuffELryj:lrd Reguirements. (i) (This works both ways - buffer neighbors from your development and buffering your residents from the neighbors) The perimeter bufferyard requirements found in Carmel Clay Land Use Regulations Section 26.04 shall apply. The planting strip shall be at least a 10 foot wide planting strip This shall be separate from all utility and drainage easements unless there exists written permission to share those easements with plantings. 6/112006 --- Page 2 of2 8.5 Lot Interior Perimeter Landsq~Ring Reguirement. Adjacent to any drive or parking lot, a five foot (5') wide perimeter planting strip shall be provided on all sides with a minimum planting of three (3) shade trees, two (2) ornamental trees and at least twenty-five shrubs perone hundred (100') linear feet to screen the vehicles from sight. These plantings may occupy the same space as the required bufferyards, the numbers must be in addition to the bufferyard plantings 8.6 Street Trees. Shade trees shall be planted along all streets within the right-of-way, parallel to the street and installed per City of Carmel standards. This standard includes, but may not be limited to, medians and Rangeline Road, One shade tree shall be installed every thirty to forty feet (30'-40'). As per City standards no street trees shall be planted in conflict with drainage or utility easements or structures, underground detention (unless so designed for that purpose), or within traffic vision safety clearances. Species shall be chosen from the City of Carmel's published list of recommended street trees: (bttpj/www.ci.carmel.in.us/services/DOCS/Urban ForestrvfRecommended %20Trees12-05.pdf) 8.7 Pipeline easements (as is) $J~ Pedestrian Corridors Any pedestrian corridors that are platted shall be planted with shade trees for cover [at least a minimum of one (1) per fifty feet (50') where possible] and shrubs and ground cover or ornamental grasses for interest and beautification. If these corridors are platted through other landscaped areas, the shade trees planted for those requires may fulfill these requirements, A final landscape plan must be submitted showing specific species, location, plant numbers, a plant schedule, planting notes, graphic planting details, perimeter bufferyard details, tree preservation details, etc., before final landscape approval can be given. Please answer these comments in writing and by revised PUD and/or plan. It would have been really nice to make comments if a plan packet had been submitted to me. Scott Brewer, City Forester Environmental Planner, DOCS City of Carmel, One Civic Square Carmel, IN 46032 PH' 317-571-2478 FAX: 317-571-2426 6/112006 Wi(uam and1.(atlierine 1(ruger May 25, 2006 To; Special Studies Committee Regarding: Rezoning of 8.8 acres along Westfield Boulevard, Docket No. 06040017 PUD Dear Committee Members, Katherine and I have lived in the Carmel area for over twenty years. We have raised five children here, and through the years have "fallen in love" with this community. But we. along with many others residents, have become deeply concerned about the direction and rapidity of its "growth." Our attraction to this community was its charming "rural flavor." But now, we seem to be witnessing the strangulation and disappearance of the very essence of life that drew us here. In particular. we are gravely concerned about the planned dismantling and destruction of the plush, tree lined Westfield Boulevard corridor between 106th and 116th streets. We long only for the highest quality of life for the residents of our community, thus we felt the urgency to "voice" our own heartfelt concerns and those of a vast number of Carmelites. Most sincerely, tJril [l:d , 317~843-1600 10835 Timber Lane CarmeL In 46032 A Better Vision, A Better Way (to enhance the quality of the lives of Carmel citizens) OUf City is Blessed with a Treasu re In order to best consider the wisdom of approving the rezoning referred to in docket no. 06040017 PUD , it should be viewed in the broader context of the future of Westfield Blvd. from l06th to 116th Street. This corridor is rich in beauty and history. Lined with mature, stately trees, it presents a park-like ambiance that mirrors the attractiveness of Westfield Blvd. from Broadripple to 86th Street. It is one of the most lovely and unique "parkways" in Carmel. The Westfield Blvd. corridor is a God-given treasure that has been revered and cherished for generations. (see attachments 1 & 2). Such a "gem" needs to be protected, preserved, and enhanced - not dismantled and destroyed. The current master plan of Carmel should be revisited. It's objective, creating a four-lane "highway" with a median, would necessitate the destruction of those stately trees and would transform Westfield Blvd.. into "just another roadway", The beauty and park-like ambiance of the corridor would be forever lost. Dismantlement Begins A rezoning approval of the 8.8 acres, which consists of green, plush grassy hills and foliage (see attachments 3 & 4) would be the beginning of the dismantlement of Westfield Blvd. as we have known it. We have not spoken with one Carmel resident - family, friend, neighbor, business associate, or social acquaintance - who favors either the high density housinq or the destruction of the trees alonq Westfield Blvd. Not one! (see attachment 5). In addition to degrading the natural aesthetics of the area, the proposed townhouse project would create horrific traffic problems. The eight or so cars now entering and exiting Westfield Blvd. from existing homes would be replaced by 150 cars or more! It is obvious that this would be extremely detrimental to the quality of life for both local residents and those traversing the boulevard. Because of the uniqueness of this area, a "cookie-cutter" approach is totally inapprooriate. What works for Guilford Road or Springmill Road, would not work here. The people of Carmel deserve to have better alternatives sought. 2. One Vision" a quaint, warm, and inviting entry into Carmel The north entrance into Carmel (Rangeline Road north of Main Street) has a charming, old-fashioned appeal. Houses have been built or remodeled to reflect a "time of old". The streets have pedestrian walkways and are lined with enchanting street lights. Whether driving through, or visiting a business, the setting allows one to enjoy the loveliness of the past. (see attachment 6). The neighborhood of Rosemeade Commons (near 116th and the Monon Trail) epitomizes that historic feel. The developer, Scott Unger, was respectful of the mature trees when he built period-style homes, reflecting the architecture of the late 1800s. (see attachment 7). These concepts could be implemented along the Westfield Blvd. corridor providing a striking, inviting entrance into the city of Carmel from the south. Our property, "Bears' Hollow," is an example of such a conversion. (see attachment 8) Imagine Westfield Blvd. lined with period houses - what an appealing sight! A Suggested Course of Action 1. Place a moratorium on any changes in zoning along the corridor. 2. Have an appropriate agency or committee conduct a study of what options might truly enhance the quality of life of our Carmel residents. 3. In that study, consider "mirroring" the northern entrance to the city via Rangeline Road, encouraging the renovation or building of houses that are historic in appearance. 4. Consider the "investment" of transforming the corridor into an inviting, picturesque entryway into Carmel in which all residents could benefit and be proud. 5. Present the favored option or options"to the people of Carmel for input. (We believe choosing the "historic" option would receive overwhelming support from the public.) In essence, treat the corridor with the respect and appreciation it deserves, utilizing the God-given resources to enhance both the beauty and dignity of our city. 3. In Carmel's Own Words We will close with the city government's own stated philosophy and words: Video on Carmel Qrowth and development - Changes will not be implemented by imposition, but through cooperation... it's a matter of options not demanding its own way. City of Carmel website homeoage - The city is committed to preserving its vitality through controlled expansion and prudent planning. Mayor James Brainard (response to Carmel's receiving "The Sterling Tree City USA" honor and the "2006 Tree City USA" award) - "We appreciate being recognized for our efforts to protect, expand and improve our community's natural resources, particularly the trees. Our trees definitely contribute to the beauty of the city, as well as to the overall quality of life here. " Decisions concerning the Westfield Boulevard corridor are at a critical juncture - the path chosen will drastically impact both current and future generations. May God grant you the wisdom to make the decisions that will beautify our community and are truly in the best interests of its citizens. Respectfully submitted by Bill and Kit Kruger, Carmel residents for over twenty years who love our community. Attach. I Westfie,{c{ 'Bou(ell ara , ja{{2oo5 - .. IiiIiiIIr- - - - .~.,,,.~ -.-0::: Attach. J tv estfie[a ~o,u{evara fare 20U 5 -....LL .. - ---=-----=- - - -- -- WESTfiEld BoulEVARd - A God qiVEN TREASURE. attach.3 THE bEAUTy of THE 8,8, ACRES UNdER CONsi,dERATioN -- -... ~ - attach.4 HiE bEAUTY of T~E 8,8 ACRES LINdER CONsidERATioN Plus~ fRONTAGE foliAqE liNiNq bOTH sidES of boulEVARd Lf) .J:: U flJ ..... ..... flJ "'0 C :2 Q) CO:J..D >0....... ........r:.u ::J V\ Q) Q)co ~ .0 O!o.. . .0 _ 0... U Q) VI Q) Q) J:Q)VI> ....... U ::J 0 4-::JO~ 00_0- VI ~ 0- c: Q) c: CO o ~. 3 .~ co 0 ~ !o.. ....... ....... ::J Q) VI........c ::J co ....... = c - ~.. t Ii- .it ~T.: ~J {'~ I .. j Northern entry into the City of Carmel via Rangeline Road tll .... .... OJ n :::r Q) Rosemeade Commons - a beautiful. example of what could enhance Westfield Boulevard Q) ... .... Q) n ::r --.J lAvision upgrades ana quaint new heuses lining th~ Wes.tfield ~lyd. corridor - what a desirable beflefit aA~ attraction fer our city! tl.I - - tl.I " ?'" 00 June 2003 Bears I Hollow 11429 Westfield Boulevard MMCH 2~,2.00~ COMMUNITYVOICES CarmelAM THE INDIANAPOLIS STAR' WWW.lNDYSTAR.COM City needs to. slow growth , By Jackie Schmidt I glanced ar~und .Jenny. chas- tain's parlor duririg our"first meeting March 5, ashamed' at how few of the guests) knew. , These were my l1eighbors~ They represented the mix of people living within' blocks of , me: young, retired, professional, blue collar, men, women, single and married., Old Town Carmel has become wonderfully diverse. I recalled' a favorite quote: ''We've got two lives. One we're given, ,and the other one we make." (Mary Chapin Carpenter, "The Hard Way") , . The lives given these . folks constituted quite an assortment; but, indeed, there was a common passion for the lives they had made for themselves in tbe charming, historic' neighbor- boods comprising i Carmel's popular Arts arid Design District. Thls was the first meeting of Carmel Residents for Historic Preservation. . Make no mistake; thiS group is not opposed to progress. It is, however, gravely concerned about rapid-fire expansion a,nd city approval of many, monoto- nous 'three-story townhouse complexes. Before one multi- unit complex iS,sold out - allow- ing the city to' determine its im- pact - another one, nearby is ap- 'proved, then another,' then another. The group asserts that' progress should be measured by quality, not quantity. By the time group members ' presented their remarks to the Carmel plan Commission on March '7, two days after that first meeting, their numbers , had .more than doubled. J;>res- erv~iion group members had circulated peti- . ,tions door-to- door, in their !,\,orkplaces and churches, and. on' the Monon Trail. , Many of those who signed the petitions expressed similar con- cerns for, Carmel. One person la- mented, "One day the 'land on Main Street where Phil Hin- ,shaw's antique store ol1cestood was' teaming with trees and wildlife ... and a week later, Jackie Schmidt there was nothing there but pated from the 200-unit Tradi- mud." , tions complex and 160-plus from The question, for 'city leaders the 80-unit Arden complex for'a and developers concerning the combined increase of 330 uHits proposed 9-acre Village Green and 660 cars within two blocks Development at I36thStreet and of the narrow intersection of the Manon Trail: How will this Range Line and Smokey Row. affect our environment, traffic Drivers there already wait flo~, school systems and our through several lights when high families' overall quality of life? school and stadium traffic peak. Local residents who track The group.is requesting a wet- nearby wildlife and want to see lands survey, a detailed traffic habitats protected displayed a study and more data regarding poster ,listing 76 birds and ani- effects on the all'eady-congested mals spotted in the area last year. Manon Trail and overcrowded This tract of land includes part Carmel school system. The plan of the wetlands ofthe Little Cool. Commission's next meeting is at Creek basin and will require re- 6 p.m. March 3D, You can be silre moval ,of seven trees with 48- the preservation group's growing inch trunk diameters, 27 with membership will be well repre- 24-inch diameters, and one spec-. sented. After all, they have made tacular 60-inch sycamore. ' a good life in Old Town and want Such destruction of trees . to see it preserved. ' seems contradictory for Carmel, Interested? Visit the group's a city that has received the Na- Web site, mypage.iu.eduj- tional Arbor Day Foundation's paanders/crhp_home.htm and Tree City USA Growth Award sign up for the group's e-news- for the past 11 years., letter or call (317)' 566-8812 or, Carmel Residents for Historic ,(317) 581-1608. Preservation also questioned ... Community Voices is a regular fea- traffic congestion resulting from ture of Carmel A.M. This weel(s adding mpre than 100 cars to this featu~e is b~ Jackie Schmidt. quiet city neighborhood ~ in ad- To wnte alllnsta!lment, please contact d't' t th 400 I 't" us at carmelam@md~star.com or (Un 1 IOn 0 e . -p us an lCl- 444-2600. A greener city means , '. ab,etter city MY VIEW O. ur offices recently j~ined w!th Kee~ In. , ,dlanapohs Beaunful Inc. and its commu- nity partners tokick off an im- portant initia- tive known as Neighbo~- Woods, which will literally , change the landscape of Indianapolis: Neighbor:. Woods is about ' . engaging people from across the . city to plant 100,000 trees over, 10 years; its success will reqillre all ofus to come to. gether to meet the challenge of unprovmg our conununity and '. its environment Simply put, . .' Indianapolis. - needs more trees. A recent study by IUPUI puts Center Township's tree canopy 'at only 15 percent; urban forestry specialists recommend Z5percent tree' cover in Urban areas: As Indianapolis thri.;res, we need to ensure that the quality of life remains high, Trees are a valuable means to lift up our spirits and neighborhoods. Re- search shows that trees improve air and wa~r quality, property values, public safety and neigh- borhoodvitality, and have the po- tential to iffiprove business c1i~ mates. . Trees help filter .our water and air, provide proteCtion for wildlife, prevent soil erosion, , and help regulate the earth's temperature by absorbing car- bon and providing shade, help- ing to reduce cooling costs. Recent articles in The Indi- anapolis Star have highlighted the air quality challenges met- ropolitan areas face, and trees go a long way toward address- ing these issues. Trees improve ozone and particulate matter levels in the air, creating a healthier and safer environ- . Lugar, R-Ind., is U.S. senator from Indiana. .Peterson is the mayor of Indi- anapolis. Richard Lugar. Bart Peterson ment. More trees will aid efforts to fIx our century-old sewers, dean' up streams and rivers; . and improve storm-water run- off . Trees also positively in1.pact a . city's business environment Com. panies want to locate, grow and inv~st in areas attractive to their employees-and client>;. A leafy ca- nopy across Indianapolis Will im. prove the aesthetic look of our city and improve the quality of life forworke,rs. cli~nts and visi- . tors. _ Providing for public.safety is the No.1 priority for govern- ment, and trees can play an im- portant role. A study of Chicago neighborhoods by the univer- sity of Illinois found.that apart- ment complexes surrounded by trees and greenery are dramati- cally safer than buildings de- void of green. The greener the surroundings, the fewer crimes occur against people and prop- erty. ,. Finally, research conducted at th'e Wharton School of-the University of Pennsylvania - showed that new tree plantings increase surrounding housing values by about 10 percent. We encourage businesses and residents to use this opportu- nity to take ownership of their community and be a part of NeighborWoods: They'can make a lasting contribution to conserve our natural environ- ment for gerterarions to come. , Early investments by Veolia Water and Indianapolis Power & Light have NeighborWoods up and running, but this bold effort will require many more 'contribu- tions in the years ahead. Our city needs everyone's time, talent and treasure to plant more trees. For more information, 01' to learn how you can be a part of . NeighborWoods, contact Keep 'Indianapolis Beautiful at (317) 264-7555 or visit www.kibLorg. -l :J: ", 2: d j;: :2 :b -0 o , Vi V1 -l :b "" ~ .::IE ~ 2: o -< V1 --I :b ~ '"' C> s: o "2. ::J -. o ::J :2: en o Z rn V> o :b ~ s: :b .-<. .... !=' .., c:> c:> C' e .... " :rH~,INDIANAPO~ISSTAR,. WWW.lNDYSTAR.COM :.. ; '"' WEI)NESDAV;MAY 3, 2006 A15 ---...:..-----... ---.,.' ... . " ".._ ..1 TteesWiJl"st(~rlgtlien . '-b' '" ',', ,'; ',,: "-,,' ",' ::C b"'O nelgh' orno.o,(l:',ta"fIC , .--, }' . -;.; .' ",-':".... ,. .' .", . "':MY VIEW. : ,W' ""'~~4=J,~,eaf6r,e". , ','"i" , . Keep Indianapolis , ,. . ,Beautiful is ' ' launching lndiana's first Neigh- ,borWoods,programAcrossthc'" . country, volunteernire ,planting' , Experience 'showS that iaB,s tre~s'to heal' ' ',' ,approach -engaging;ordinary thc'environ-': people to become tenders and ment and .reVi- . stewards of the treecaIiopy - is talize COln.11)Uf' , ': tremendoJ.lsly ~ffective. A J.:ecent ',nities. ' 'S~?Jl' c~n4uc~dbyPortland State, 'Neighbor-' Ul1lVerSlty fotiQd ,that pprtland, ':Woods net~ Ore., Was 'successful in 'increasing ',,\york member ' its tree canopy over a period of 6rganizatio~s' ,'30 Years. The study found that :,Hke Kffi,have " canopy ga4ls :were the greate~t in '6rgmized, Walker is ex. locations where' citizens had vol- , 450,00'0 volun- ecuti~e directo,r', 'unteer~dto plant trees" org;un, .. ze, d teers to plant 8 ' of Alliance- for 'arLd tramed by a local nonprofit million-treesiu"COmm!lnity ,,' , " :,Trees are not the only things' cities across . Tr~es' in'Wash~ ,that wi1l!talre' root as a reSult of America... . ingtDn,D~C: ,RIB's NeighborWoodsprograrn. . KIB'spresi7, ',.', Neighbors \'lho ,mayno-w be > dent,' DaVid Forsell; 'noted his pr- 'strimgers to each o'ther will work , . ganization's 10-year.goalof ' 'together,toimprove the quality of planting 100,000' ,community. " ,theirli~s,E~pOV{erii1g people, trees and the $14milli.cm:fund- tree by'tree, streefhystreet, , raisiIJ.g ~arnpaign.thai'willbe, ' ,Sp'!1"kSgreat,~. Neighbor~' needed to makethis'p,os~ible~ :,' hood Watch'gTOups form, friend~ Veolia W~ter=Jndiiln.ap,Olis' and' '.' Slllpsblossom, streets become ' lndianapolis, Power & Light, Co'. ,'cleaner.. alid 'gt..eener. iWhile the are to becomniended fortheir people of Indian- contribution of , apolis rally,to plant $400,000 that ' Neighborhood . 100,000 trees, the . kicks off this (:alll7' fabric. of Indy's ' paign, as is'Mayor 'watch groups .> . neighhorhoods'will Bart Peterson for form,"friendships be strengthened. pledging the dty's> bIQSso:mJ'stre,ets '. We hope to see support. . . . many more corp.- : But is $14 million become,deaner munitiesfollowln- 'an achievable goal?' .,and"gre,ener.';' dianapolis' lead in If the people of In-, ," J" ...... '., ," ' e~githe public dianapolis - iindespeciilly the...: .to reach'canopy-:goals. With $1.75 philanthropic, plJblic and'priyate' ,million in'supporffrom,The sectors - decide. that it is" thel,1' it Home DePot Fo~dation, Alliance will he. Ambitious ,tree can?py-'.. for Community Trees recently , goals are being ,achieved in cities hiuniilied a national campaign to . across the country. .One individual ,expand voluhteer-base.d Neigh- can make an extraOJ;dinili1)i 'differ~. botWoods programs. to help re~ ',ence, as happened in,tb.ecase,of ': store tree 'canopy in Aplerican cit- . Washington, D.C. There, Phi1.an7 'ies. ..., . . , '.. throp~ Betty Brown ClOSey,was" Indianapolis has ,an il1spiring ISO horrified to read'~f aM per,- goal,'capable orgaruzers and a cent loss in,the 9ity's tree canopy , greafgamepla:b. for meeting its , that she contributed $50'rriillion ' , tree canopy targets. Pli;!dges of to' create dte,CaseYTrees En.dow.., support are starting to come in. ment Fund. Since 2001, the pr- : We 'urge all of Indianapolis. to . ganization has llwentoriedevery jumpo'n the bandwagon and street tree.in thecapitaJ arid .. . enjoy ,the many. benefits o~ helped reSidents plant thousands ,planmng, pl~t1ng and caring of trees. . for a healthy urbaJ,1 forest Alice Ewen Wa"ker PNr". 'ut-. 2.00~ THE INDIANAPOLIS STAR - WWW.INDYSTAIl.COM CarmelAM ;~~~::ltt~!:i~ L'IVINGI CARMEL COMMUNITY VOICES Preserve our trees in parks, ree areas By Jerry WUliams As a resident of Carmel, I , was happy to read. in . Lesley Rogers Barrett's article July 15 that Mayor Jim Brainard has made the decision to increase parks and green space. It appears that once construe., tion of Central Park is com- pleted, more than 600 aCres of land will be dedicated to parks and green space in Carmel. , But I can't help see the irony. Having lived in Carmel the past eight years, I have witnessed countless acres of woods being destroyed to make way for de- velopment. And I'm sure the to- tal woodlands acreage these de- velopments have destroyed far exceeds that of the green space created in the mayor's parks and recreation areas. U.".m The' ,iecision to Illake a 161- acre parcel of mostly farm. fields :PIto q!;!DtrilkPatk,'lZt>t:ilplete.withi:, a req;eational comp!ex. i~ much ' . i!lette.r ,than haVing it developed into another shopping mall or 'densely populated neighborhood. , And I appreciate that this park's J:t1aiQ furiction is that of a com- muriity center. . In spite of my support of the concept, I question some of the thought that went into its plan- ning. Some, areas of the site con- tain beautiful mature trees grow- ing where park structures and features are being constructed or 'are slated to be constructed. In my opinion, the park plans should retain the mature trees ,and position its structures and features around them; As an example, construction' crews at Central Park are clear- ing trees around the perimeter of the park to create a walking path that will connect to the Monon Trail. The path easily could have been rerouted. Stately trees along the perim- eter of Central Park could have enhanced the look and feel ofthe park:. With every tract of wooded land I have seen destroyed ill Carmel to make way for develop- ment, I can't help but wonder if a more thoughtful development design could have saved [fiany of those trees. I have a few thoughts that I hope the mayor and the Parks and Recreation Board will keep in mind for future park and rec- reation sites: . Not everyone ill our com- munity believes parks and green space should be develqped. . Many in Carmel feel that the presence of untouched trees and wood lots also dermes a park. _ . Matching sets of small oma- mentiU trees, bought and planted oy the city, is not the only defwi- tion of green space. . Better thought and planning need to occur so natural occur- ring mature trees are included in 'park designs. Preserving mature trees has not been a priority for commer- cial developers or many residen- tial developers. If the priority of preserving what remains of our community's dwindling natural areas does not occur in our parks, then where will it be a pri- ority? , - <.. ,. ~ ~. _ .'__.' __"L.. .-.., , ...". ~._ _"..c_.,' '..",," ._'......""._.__.'_'""_n _..~<...,.",w;.:.-_..,.........:""'^,'~..., . Office workers with a view of nature are more productive{ report fewer illnesses and higher job satisfaction. 10 FACTS Trees . II II . Reduce chronic mental fatigue in residents of urban . neighborhoods, a precursor to . aggressive behavior.. :;:I,;"0'>i~;;; ;";"';:;;";;;{". . C~t ;'B;:~ttentiQD~d~fj}ft\ ' ',. " _ <, '::.;"":, :,:~_,,, "",-i-':ts': .' :,._-,', ~ :,':-, ........< ':":'::":' ....., - ~;'.."x ' hype~a, ................... ...i~~roet/derI1giisftat~i ~~~.~~~l~tfff~r~'~j~~~~j};" And respir'atory:iprl,blem's',sllch;ii}'s/'i; .... asthma, a leading chronic disease for children{ are. ameliorated. For research resources, visit www.kibi.org. April 25, 2006 Gregory J. Ewing, AICP Development Coordinator Mann Properties 8653 Bash Street Indianapolis, Indiana 46256 RE: Townhomes at Central Park pun Dear Mr. Ewing: This letter serves as a follow-up to our meeting held on April 21, 2006. As discussed at the meeting, till and development of the approximately 0.4 acres of floodplain at the North-West portion of your property will be allowed. However, the City of Carmel will require mitigation in order that a variance may be granted to complete the work in the floodplain. There are several options to satisfy the mitigation requirt::ments and jointly satisfy requirements of the City of Carmel Stormwater Technical Standards Manual. The City of Carmel requires all storm water leaving a development site, post-construction, to bc treated by a minimum of two different Best Management Practices (BMPs) before entering into the City's storm sewer system. The use of an underground detention structure may be used as water quality storage and shall compensate for the floodplain loss that will be encountered; however, it will no be acceptable as a water quality BMP. As discussed, a mechanical separator may serve as one of these BMPs. There are several other more "natural" options that shall be pursued to treat storm water on-site, in addition to the mechanical separator, and also serve in floodplain mitigation. The Engineering Department will support this project progressing through the approval process pending that you continue to work with us concerning these issues. Our staff reports to the Department of Community Services will recommend that any City approvals granted will be conditional upon Engineering approval. If you have questions, you may call us at 571-2441. Sincerely, Amanda Foley Storm Water Administrator Department of Engineering Cc: Gary Duncan, Department of Engineering Matt Griffin, Department of Community Services Nick Redden, Department of Engineering Engineering File Copy A WARNING TO THE PARTIES TO A TRANSFER OF PROPERTY: It is highly unlikely that the single act of reading this document would be found to constitute "all appropriate inquiry into the previous ownership and uses of the property" so as to protect you against liability under the "innocent purchaser" provision of the federal Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 (35)(B). You are strongly encouraged not only to read this document carefully but also to take all other actions necessary to the exercise of due diligence in your inquiry Into the previous ownership and uses of the property. ENVIRONMENTAL DISCLOSURE DOCUMENT FOR TRANSFER OF REAL PROPERTY For Use Bv County Recorder's Office County Date The following information is provided under Ie 13-25-3, the Responsible Property Transfer Doc. No. Law. Vol. Page Rec'd by: I. PROPERTY IDENTIFICATION A. Address of property: 110 South Rangeline Road Street Carmel City or Town Township Tax Parcel Identification No. (Key Number): B. Legal Description: Section 25 Township 18 North Range 3 West Enter or attach complete legal description in this area: Please see Exhibit A. attached. LIABILITY DISCLOSURE Transferors and transferees of real property are advised that their ownership or other control of such property may render them liable for environmental cleanup costs whether or not they caused or contributed to the presence of environmental problems in association with the property. C. Property Characteristics: Lot Size Acreage Check all types of improvement and uses that pertain to the property: o Apartment building (6 units or less) o Commercial apartment (over 6 units) o Store, office, commercial building o Industrial building o Farm, with buildings lZl Other (specify) - Former Gasoline Station II. NA TURf OF TRANSFER A. (1) Is this a transfer by deed or other instrument of conveyance of fee title to property? (2) Is this a transfer by assignment of over 25% of beneficial interest of a land trust? (3) A lease exceeding a term of 40 years? (4) A collateral assignment of beneficial interest? (5) An installment contract for the sale af property? (6) A mortgage or trust deed? (7) A lease of any duration that include an aptian to purchase? B. (1) Identify Transferor: BP Products North America Inc. Name and Current Address af Transferor Trust No. Yes No lZl 0 0 [g] 0 lZl 0 lZl 0 lZl 0 [R] 0 [g] Name and Address of Trustee if this is a transfer of beneficial interest of a land trust. (2) Identify person who has completed this form on behalf of the Transferor and who has knowledge of the information contained in this form: Name, position (if any), and address 2 Telephone No. C. Identify Transferee: The City of Carmel Redevelopment Commission Name and current address of Transferee III. ENVIRONMENTAL INFORMATION A. Regulatory Information During Current Ownership 1. Has the Transferor ever conducted operations on the property which involved the generation, manufacture, processing, transportation, treatment, storage, or handling of "hazardous substance," as defined by IC 13-11-2-98? This question does not apply to consumer goods stored or handled by a retailer in the same form and approximate amount, concentration, and manner as they are sold to consumers, unless the retailer has engaged in any commercial mixing (other than paint mixing or tinting of consumer sized containers), finishing, refinishing, servicing, or cleaning operations on the property. [8] Yes 0 No 2. Has the Transferor ever conducted operations on the property which involved the processing, storage, or handling of petroleum, other than that which was associated directly with the transferor's vehicle usage? [8] Yes 0 No 3. Has the Transferor ever conducted operations on the property which involved the generation, transportation, storage, treatment, or disposal of "hazardous waste," as defined in IC 13-11-2-99(a)? DYes [8] No 4. Are there any of the following specific units (operating or closed) at the property that. are used or were used by the Transferor to manage hazardous wastes, hazardous substances, or petroleum? Landfill Surface Impoundment Land Application Waste Pile Incinerator Storage Tank (Above Ground) Storage Tank (Underground) Container Storage Area Injection Wells Wastewater Treatment Units Septic Tanks Transfer Stations Waste Recycling Operations Waste Treatment Detoxification Other Land Disposal Area Yes o o o o o o lID o o lRl o o o o o 3 No [8] lID lID lRl l&J [8] o lID lRl o [8] [8] lliI [8] lliI If there are "YES" answers to any of the above items and the transfer of property that requires the filing of this document is other than a mortgage or trust deed or collateral assignment of beneficial interest in a land trust, you must attach to the copies of this document that you file with the county recorder and the department of environmental management a site plan that identifies the location of each unit. 5. Has the transferor every held any of the following in regard to this real property? (A) Permits for discharges of wastewater to waters of Indiana. !:8JYes [] No (B) Permits for emissions to the atmosphere. DYes [KI No (C) Permits for any waste storage, waste treatment, or waste disposal operation. DYes [KI No 6. Has the Transferor ever discharged any wastewater (other than sewage) to a publicly owned treatment works? DYes IRl No 7. Has the Transferor been required to take any of the following actions relative to this property? (A) Filed an emergency and hazardous chemical inventory form pursuant to the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C.11022). DYes IRl No (8) Filed a toxic chemical release form pursuant to the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S. C. 11023). DYes [RJ No 8. Has the Transferor or any facility on the property or the property been the subject of any of the following state or federal governmental actions? (A) Written notification regarding known, suspected, or alleged contamination on or emanating from the property. [RIYes DNa (B) Filing an environmental enforcement case with a court or the solid waste management board for which a final order or consent decree was entered. DYes [8] No (C) If the answer to question (8) was Yes, then indicate whether or not the final order or decree is still in effect for this property. DYes 0 No 4 9. Environmental Releases During Transferor's Ownership. (A) Has any situation occurred at this site which resulted in a reportable "release" of any hazardous substances or petroleum as required under state or federal laws? 00 Yes 0 No (B) Have any hazardous substances or petroleum which were released come into direct contact with the ground at this site? [g] Yes 0 No If the answer to question (A) or (B) is Yes, have any of the following actions or events been associated with a release on the property? 00 Use of a cleanup contractor to remove or treat materials including soils, pavement, or other surficial materials? o Assignment of in-house maintenance staff to remove or treat materials including soils, pavement, or other surficial materials? [g] Sampling and analysis of soils? 00 Temporary or more long term monitoring of groundwater at or near the site? o Impaired usage of an onsite or nearby water well because of offensive characteristics of water? o Coping with fumes from subsurface storm drains or inside basements? o Signs of substances leaching out of the ground along the base slopes or at other low points on or immediately adjacent to the site? (C) Is there an environmental defect (as defined in IC 13-11-2-70) on the property that is not reported under question (A) or (B)? DYes [EJ No If the answer is Yes, describe the environmental defect: 10. Is the facility currently operating under a variance granted by the Commissioner of the Indiana Department of Environmental Management? DYes [EJ No 5 11. Has the Transferor ever conducted an activity on the site without obtaining a permit from the U.S. Environmental Protection Agency, the Commissioner of the Department of Environmental Management, or another administrative agency or authority with responsibility for the protection of the environment, when such a permit was required by law? DYes !Rl No If the answer is Yes, describe the activity: 12. Is there any explanation needed for clarification of any of the above answers or responses? Information provided above is related to Indiana Department of Environmental Manaqement LUST Release Nos. 198911072 and 200303504. Site Information Under Other Ownership or Operation 1. Provide the following information about the previous owner or about any entity or person to whom the Transferor leased the property or with whom the Transferor contracted for the management of the property: Name: Type of business or property usage 2. If the Transferor has knowledge, indicate whether the following existed under prior ownerships, leaseholds granted by the Transferor, or other contracts for management or use of the property: Yes No Landfill Surface Impoundment Land Application Waste Pile Incinerator Storage Tank (Above Ground) Storage Tank (Underground) Container Storage Area o o o o o o o o [&] [8] o IRI IRI [8] o [gJ 6 Injection Wells Wastewater Treatment Units Septic Tanks Transfer Stations Waste Recycling Operations Waste Treatment Detoxification Other Land Disposal Area o o o o o o o IRl [R] [R] IRl 1RI lRl lRl IV. CERTIFICATION A. Based on my inquiry of those persons directly responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true and accurate. BP Products North America Inc. By: Printed Name: Title: Date: ,2006 STATE OF INDIANA 5S: COUNTY OF Before me, a Notary Public in and for the above-referenced County and State, personally appeared of , who acknowledged the execution of the foregoing instrument on behalf of said WITNESS my hand and Notarial Seal this day of ,2006. Notary Public Printed I am a resident of My commission expires: County, Indiana. B. This form was delivered to me with all elements completed on 2006. 7 THE CITY OF CARMEL REDEVELOPMENT COMMISSION By: Printed Name: Title: COUNTY OF ) ) 55: ) STATE OF Before me, a Notary Public in and for the above-referenced County and State, personally appeared , the of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing instrument on behalf of said limited liability company. WITNESS my hand and Notarial Seal this day of ,2003. Notary Public Printed I am a resident of County, My commission expires: This instrument was prepared by 8 A WARNING TO THE PARTIES TO A TRANSFER OF PROPERTY: It is highly unlikely that the single act of reading this document would be found to constitute "all appropriate inquiry into the previous ownership and uses of the property" so as to protect you against liability under the "innocent purchaser" provision of the federal Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601(35)(B). You are strongly encouraged not only to read this document carefully but also to take all other actions necessary to the exercise of due diligence in your inquiry into the previous ownership and uses of the property. ENVIRONMENTAL DISCLOSURE DOCUMENT FOR TRANSFER OF REAL PROPERTY For Use By County Recorder's Office County Date The following information is provided under IC 13-25-3, the Responsible Property Transfer Doc. No. Law. Vol. Page Rec'd by: I. PROPERTY IDENTIFICATION A. Address of property: 110 South Ranqeline Road Street Carmel City or Town Township Tax Parcel Identification No. (Key Number): B. Legal Description: Section 25 Township 18 North Range 3 West Enter or attach complete legal description in this area: Please see Exhibit A. attached. LIABILITY DISCLOSURE Transferors and transferees of real property are advised that their ownership or other control of such property may render them liable for environmental cleanup costs whether or not they caused or contributed to the presence of environmental problems in association with the property. C. Property Characteristics: Lot Size Acreage Check all types of improvement and uses that pertain to the property: o Apartment building (6 units or less) o Commercial apartment (over 6 units) o Store, office, commercial building o Industrial building o Farm, with buildings lliJ Other (specify) - Former Gasoline Station II. NATURE OF TRANSFER A. (1) Is this a transfer by deed or other instrument of conveyance of fee title to property? (2) Is this a transfer by assignment of over 25% of beneficial interest of a land trust? (3) A lease exceeding a term of 40 years? (4) A collateral assignment of beneficial interest? (5) An installment contract for the sale of property? (6) A mortgage or trust deed? (7) A lease of any duration that include an option to purchase? B. (1) Identify Transferor: BP Products North America Inc. Name and Current Address of Transferor Trust No. Yes No [8] 0 0 lliJ 0 lliJ 0 lliJ 0 lliJ 0 [8] 0 lliJ Name and Address of Trustee if this is a transfer of beneficial interest of a land trust. (2) Identify person who has completed this form on behalf of the Transferor and who has knowledge of the information contained in this form: Name, position (if any), and address 2 Telephone No. C. Identify Transferee: The City of Carmel Redevelopment Commission Name and current address of Transferee III. ENVIRONMENTAL INFORMATION A. Regulatory Information During Current Ownership 1. Has the Transferor ever conducted operations on the property which involved the generation, manufacture, processing, transportation, treatment, storage, or handling of "hazardous substance," as defined by Ie 13-11-2-98? This question does not apply to consumer goods stored or handled by a retailer in the same form and approximate amount, concentration, and manner as they are sold to consumers, unless the retailer has engaged in any commercial mixing {other than paint mixing or tinting of consumer sized containers}, finishing, refinishing, servicing, or cleaning operations on the property. IRI Yes 0 No 2. Has the Transferor ever conducted operations on the property which involved the processing, storage, or handling of petroleum, other than that which was associated directly with the transferor's vehicle usage? IRI Yes 0 No 3. Has the Transferor ever conducted operations on the property which involved the generation, transportation, storage, treatment, or disposal of "hazardous waste," as defined in IC 13-11-2-99(a)? DYes [E] No 4. Are there any of the following specific units (operating or closed) at the property that are used or were used by the Transferor to manage hazardous wastes, hazardous substances, or petroleum? Landfill Surface Impoundment Land Application Waste Pile Incinerator Storage Tank (Above Ground) Storage Tank (Underground) Container Storage Area Injection Wells Wastewater Treatment Units Septic Tanks Transfer Stations Waste Recycling Operations Waste Treatment Detoxification Other Land Disposal Area Yes o o o o o o IRl o o lEI o o o o o 3 No 1RI lliJ lliJ lEI llil [Rl o 1KI 1RI o [8] 1RI IRl llil llil If there are "YES" answers to any of the above items and the transfer of property that requires the filing of this document is other than a mortgage or trust deed or collateral assignment of beneficial interest in a land trust, you must attach to the copies of this document that you file with the county recorder and the department of environmental management a site plan that identifies the location of each unit. 5. Has the transferor every held any of the following in regard to this real property? (A) Permits for discharges of wastewater to waters of Indiana. OOVes CJ No (B) Permits for emissions to the atmosphere. DYes 00 No (C) Permits for any waste storage, waste treatment, or waste disposal operation. DYes 1RI No 6. Has the Transferor ever discharged any wastewater (other than sewage) to a publicly owned treatment works? o Yes lID No 7. Has the Transferor been required to take any of the following actions relative to this property? (A) Filed an emergency and hazardous chemical inventory form pursuant to the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11022). DYes fZI No (B) Filed a toxic chemical release form pursuant to the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S. C. 11023). DYes 1RI No 8. Has the Transferor or any facility on the property or the property been the subject of any of the following state or federal governmental actions? (A) Written notification regarding known, suspected, or alleged contamination on or emanating from the property. l:8JYes DNa (B) Filing an environmental enforcement case with a court or the solid waste management board for which a final order or consent decree was entered. DYes 1RI No (C) If the answer to question {B} was Yes, then indicate whether or not the final order or decree is still in effect for this property. DYes 0 No 4 9. Environmental Releases During Transferor's Ownership. (A) Has any situation occurred at this site which resulted in a reportable "release" of any hazardous substances or petroleum as required under state or federal laws? IEJ Yes D No (B) Have any hazardous substances or petroleum which were released come into direct contact with the ground at this site? [g] Yes D No If the answer to question (A) or (8) is Yes, have any of the following actions or events been associated with a release on the property? [8] Use of a cleanLip contractor to remove or treat materials including soils, pavement. or other surficial materials? D Assignment of in-house maintenance staff to remove or treat materials including soils, pavement, or other surficial materials? [8] Sampling and analysis of soils? 1ZI Temporary or more long term monitoring of groundwater at or near the site? D Impaired usage of an onsite or nearby water well because of offensive. characteristics of water? o Coping with fumes from subsurface storm drains or inside basements? o Signs of substances leaching out of the ground along the base slopes or at other low points on or immediately adjacent to the site? (C) Is there an environmental defect (as defined in IC 13-11-2-70) on the property that is not reported under question (A) or (8)? DYes 1ZI No If the answer is Yes, describe the environmental defect: 10. Is the facility currently operating under a variance granted by the Commissioner of the Indiana Department of Environmental Management? DYes 1ZI No 5 11. Has the Transferor ever conducted an activity on the site without obtaining a permit from the U.S. Environmental Protection Agency, the Commissioner of the Department of Environmental Management, or another administrative agency or authority with responsibility for the protection of the environment, when such a permit was required by law? DYes [8] No If the answer is Yes, describe the activity: 12. Is there any explanation needed for clarification of any of the above answers or responses? Information provided above is related to Indiana Department of Environmental Management LUST Release Nos. 198911072 and 200303504. Site Information Under Other Ownership or Operation 1. Provide the following information about the previous owner or about any entity or person to whom the Transferor leased the property or with whom the Transferor contracted for the management of the property: Name: Type of business or property usage 2. If the Transferor has knowledge, indicate whether the following existed under prior ownerships, leaseholds granted by the Transferor, or other contracts for management or use of the property: Yes No Landfill 0 [8] Surface Impoundment 0 [8] Land Application 0 [8] Waste Pile 0 [8] Incinerator 0 [8] Storage Tank (Above Ground) 0 [8] Storage Tank (Underground) 0 [8] Container Storage Area 0 [8] 6 Injection Wells Wastewater Treatment Units Septic Tanks Transfer Stations Waste Recycling Operations Waste Treatment Detoxification Other Land Disposal Area D D D o D D D [RI [RI [g] [8] [8] [E] [8J IV. CERTlFICA liON A. Based on my inquiry of those persons directly responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true and accurate. BP Products North America Inc. By: Printed Name: Title: Date: ,2006 COUNTY OF ) ) SS: ) STATE OF INDIANA Before me, a Notary Public in and for the above-referenced County and State, personally appeared of, who acknowledged the execution of the foregoing instrument on behalf of said WITNESS my hand and Notarial Seal this _ day of ,2006. Notary Public Printed I am a resident of My commission expires: County, Indiana. B. This form was delivered to me with all elements completed on 2006. 7 THE CITY OF CARMEL REDEVELOPMENT COMMISSION By: Printed Name: Title: COUNTY OF ) ) ss: ) STATE OF Before me, a Notary Public in and for the above-referenced County and State, personally appeared I the of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing instrument on behalf of said limited liability company. WITNESS my hand and Notarial Seal this day of ,2003. Notary Public Printed I am a resident of County, My commission expires: This instrument was prepared by 8 A WARNING TO THE PARTIES TO A TRANSFER OF PROPERTY: It is highly unlikely that the single act of reading this document would be found to constitute "all appropriate inquiry into the previous ownership and uses of the property" so as to protect you against liability under the "innocent purchaser" provision of the federal Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601(35)(B). You are strongly encouraged not only to read this document carefully but also to take all other actions necessary to the exercise of due diligence in your inquiry into the previous ownership and uses of the property. ENVIRONMENTAL DISCLOSURE DOCUMENT FOR TRANSFER OF REAL PROPERTY For Use By Countv Recorder's Office County Date The following information is provided under IC 13-25-3, the Responsible Property Transfer Doc. No. Law. Vol. Page Rec'd by: I. PROPERTY IDENTI FICA TION A. Address of property: 110 South Ranqeline Road Street Carmel City or Town Township Tax Parcel Identification No. (Key Number): B. Legal Description: Section 25 Township 18 North Range 3 West Enter or attach complete legal description in this area: Please see Exhibit A. attached. LIABILITY DISCLOSURE Transferors and transferees of real property are advised that their ownership or other control of such property may render them liable for environmental cleanup costs whether or not they caused or contributed to the presence of environmental problems in association with the property. C. Property Characteristics: Lot Size Acreage Check all types of improvement and uses that pertain to the property: o Apartment building (6 units or less) o Commercial apartment (over 6 units) o Store, office, commercial building o Industrial building o Farm, with buildings [8] Other (specify) - Former Gasoline Station II. NA TU RE OF TRANSFER A. (1) Is this a transfer by deed or other instrument of conveyance of fee title to property? (2) Is this a transfer by assignment of over 25% of beneficial interest of a land trust? (3) A lease exceeding a term of 40 years? (4) A collateral assignment of beneficial interest? (5) An installment contract for the sale of property? (6) A mortgage or trust deed? (7) A lease of any duration that include an option to purchase? B. (1) Identify Transferor: BP Products North America Inc. Name and Current Address of Transferor Trust No. Yes No [8] 0 0 [8] 0 I:RI 0 [RJ 0 [RJ 0 [RJ 0 [RJ Name and Address of Trustee if this is a transfer of beneficial interest of a land trust. (2) Identify person who has completed this form on behalf of the Transferor and who has knowledge of the information contained in this form: Name, position (if any), and address 2 Telephone No. C. Identify Transferee: The City of Carmel Redevelopment Commission Name and current address of Transferee III. ENVIRONMENTAL INFORMATION A. Regulatory Information During Current Ownership 1. Has the Transferor ever conducted operations on the property which involved the generation, manufacture, processing, transportation, treatment, storage, or handling of "hazardous substance," as defined by Ie 13-11-2-98? This question does not apply to consumer goods stored or handled by a retailer in the same form and approximate amount, concentration, and manner as they are sold to consumers, unless the retailer has engaged in any commercial mixing (other than paint mixing or tinting of consumer sized containers), finishing, refinishing, servicing, or cleaning operations on the property. [R] Yes 0 No 2. Has the Transferor ever conducted operations on the property which involved the processing, storage, or handling of petroleum, other than that which was associated directly with the transferor's vehicle usage? [R] Yes 0 No 3. Has the Transferor ever conducted operations on the property which involved the generation, transportation, storage, treatment, or disposal of "hazardous waste," as defined in Ie 13-11-2-99(a)? DYes [R] No 4. Are there any of the following specific units (operating or closed) at the property that are used or were used by the Transferor to manage hazardous wastes, hazardous substances, or petroleum? Landfill Surface Impoundment Land Application Waste Pile Incinerator Storage Tank (Above Ground) Storage Tank (Underground) Container Storage Area Injection Wells Wastewater Treatment Units Septic Tanks Transfer Stations Waste Recycling Operations Waste Treatment Detoxification Other Land Disposal Area Yes o o o o o o [8] o o [R] o o o o o 3 No !RI [8] [8] [8] [8] [R] o [8] !RI D lRl [R] !RI [8] [8] If there are "YES" answers to any of the above items and the transfer of property that requires the filing of this document is other than a mortgage or trust deed or collateral assignment of beneficial interest in a land trust, you must attach to the copies of this document that you file with the county recorder and the department of environmental management a site plan that identifies the location of each unit. 5. Has the transferor every held any of the following in regard to this real property? (A) Permits for discharges of wastewater to waters of Indiana. lRlYes D No (B) Permits for emissions to the atmosphere. DYes IKl No (C) Permits for any waste storage, waste treatment, or waste disposal operation. DYes IKl No 6. Has the Transferor ever discharged any wastewater (other than sewage) to a publicly owned treatment works? DYes lRl No 7. Has the Transferor been required to take any of the following actions relative to this property? (A) Filed an emergency and hazardous chemical inventory form pursuant to the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C.11022). DYes IKl No (8) Filed a toxic chemical release form pursuant to the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S. C. 11023). DYes IKl No 8. Has the Transferor or any facility on the property or the property been the subject of any of the following state or federal governmental actions? (A) Written notification regarding known, suspected, or alleged contamination on or emanating from the property. [RIYes DNo (8) Filing an environmental enforcement case with a court or the solid waste management board for which a final order or consent decree was entered. o Yes lEI No (C) If the answer to question (8) was Yes, then indicate whether or not the final order or decree is still in effect for this property. DYes 0 No 4 9. Environmental Releases During Transferor's Ownership. (A) Has any situation occurred at this site which resulted in a reportable "release" of any hazardous substances or petroleum as required under state or federal laws? [RI Yes 0 No (8) Have any hazardous substances or petroleum which were released come into direct contact with the ground at this site? [RI Yes 0 No If the answer to question (A) or (8) is Yes, have any of the following actions or events been associated with a release on the property? [g] Use of a cleanup contractor to remove or treat materials including soils, pavement, or other surficial materials? o Assignment of in-house maintenance staff to remove or treat materials including soils, pavement, or other surficial materials? [RI Sampling and analysIs of soils? [g] Temporary or more long term monitoring of groundwater at or near the site? o Impaired usage of an onsite or nearby water well because of offensive characteristics of water? o Coping with fumes from subsurface storm drains or inside basements? o Signs of substances leaching out of the ground along the base slopes or at other low points on or immediately adjacent to the site? (C) Is there an environmental defect (as defined in IC 13-11-2-70) on the property that is not reported under question (A) or (8)? DYes [g] No If the answer is Yes, describe the environmental defect: 10. Is the facility currently operating under a variance granted by the Commissioner of the Indiana Department of Environmental Management? DYes IRl No 5 11. Has the Transferor ever conducted an activity on the site without obtaining a permit from the U.S. Environmental Protection Agency, the Commissioner of the Department of Environmental Management, or another administrative agency or authority with responsibility for the protection of the environment, when such a permit was required by law? DYes [R] No If the answer is Yes, describe the activity: 12. Is there any explanation needed for clarification of any of the above answers or responses? Information provided above is related to Indiana Deoartment of Environmental ManaQement LUST Release Nos. 198911072 and 200303504. Site Information Under Other Ownership or Operation 1 . Provide the following information about the previous owner or about any entity or person to whom the Transferor leased the property or with whom the Transferor contracted for the management of the property: Name: Type of business or property usage 2. If the Transferor has knowledge, indicate whether the following existed under prior ownerships, leaseholds granted by the Transferor, or other contracts for management or use of the property: Yes No Landfill 0 [R] Surface Impoundment 0 [R] Land Application 0 00 Waste Pile 0 [R] Incinerator 0 [8] Storage Tank (Above Ground) 0 l&:I Storage Tank (Underground) 0 [8] Container Storage Area 0 l&:I 6 Injection Wells Wastewater Treatment Units Septic Tanks Transfer Stations Waste Recycling Operations Waste Treatment Detoxification Other Land Disposal Area o o o o o o o lRl lRl [Kl lRl 1KI (R] [8] IV. CERTIFICATION A. Based on my inquiry of those persons directly responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true and accurate. BP Products North America Inc. By: Printed Name: Title: Date: ,2006 COUNTY OF ) ) SS: ) STATE OF INDIANA Before me, a Notary Public in and for the above-referenced County and State, personally appeared of, who acknowledged the execution of the foregoing instrument on behalf of said WITNESS my hand and Notarial Seal this day of ,2006. Notary Public Printed 1 am a resident of My commission expires: County, Indiana. B. This form was delivered to me with all elements completed on 2006. 7 THE CITY OF CARMEL REDEVELOPMENT COMMISSION By: Printed Name: Title: COUNTY OF ) ) SS: ) STATE OF Before me, a Notary Public in and for the above-referenced County and State, personally appeared , the of The City of Carmel Redevelopment Commission, who acknowledged the execution of the foregoing instrument on behalf of said limited liability company. WITNESS my hand and Notarial Seal this day of ,2003. Notary Public Printed I am a resident of County, My commission expires: This instrument was prepared by 8 04/05/2005 12:29 317775%28 HAMILTON CO SURVEYOR PAGE 01/01 .:Kcnton C 'Ward, Sumfl'or 'r/ion.' (; 17) 7{G-<+;q.~J5 'rf/J C3 '7) 7il~-:-1G:1.8 SlIr(c .rSl Onl' .7lrlfllj{'111I C~H1Iry.' Srlrll!r~ :!VvhlrM.,/Ic, Im/frIP/1I 4(.;06')-.2.2j(1 April 5, 2006 RE: TOWlllbomes at Central Park tf....'::;.>.;;:~- '-., .'~ '\. .\\ .. . i - l~'i i ,i \ ,I . ~.-.'> I I' '/ ~ - . - , I . -":',~. - -'7'~'!// -~--:-.........- Bingham McHale ATTN: Annemarie Varga 2700 Market Tower lOWest Market Street Indianapolis. IN 46204-4900 VIA FACSIMILE: 236-9907 Dear Mrs. Varga.: We have reviewed the concept plans submitted to the Hamilton County Surveyor's Office on March 13, 2006, ror this project and have the following conunents: L The proposed project falls in the incorporated area and MS4 jurisdiction of the City of CtlTl:nel 2. The proposed project DOES NOT fall in a Carttlel Wellhead Protection Zone. 3. The proposed project does not fall in a regulated dral.n watershed. 4. Please direct all storm sewer related questions to the City of Carmel Engineering Department, unless new regulated drain is being proposed to drain this site. S, The Hamilton County Surveyor's Office has no objections to the proposed project. Should you have any questions, I can be reached at 317.776-8495. Sincerely, ~2bf Plan Reviewer CC: Matt Griffin ~ Carmel DOCD, Amanda Foley - Cannel Engineering Dick Hill - Cannel Engineering. Mike McBride - HCHD Greg Ilko - Crossroads Engineering OWO~b() (?- P() 0 EL March 24, 2006 JAMES BRAINARD, MAYOR Ms. Annemarie Varga Bingham McHale LLP 2700 Market Tower lOWest Market Street Indianapolis, IN 46204-4900 RE: Townhomes at Central Park PUO-Project Review #1 Dear Mr. Shinaver: We have reviewed the plans submitted for review at the April 19, 2006 Technical Advisory Committee meeting. We offer the following comments: GENERAL INFORMA nON 1. The project site is located within current City of Carmel Corporate Limits. 2. Jurisdictions: o Streets and Right of Way - City of Carmel (Westfield Boulevard) . Water - City of Cannel Utilities . Sanitary Sewers - Clay Township Regional Waste District . Storm SewerslDrainage - City of Cannel. . Legal Drains ~ Hamilton County Surveyor's Office. 3. Board of Public Works and Safety Requirements: . Water Availability approval from the Board is based upon the total number oftownhome units and number of bedrooms per unit. Reference item #11 below for a more detailed explanation. Ifa community swimming pool or bathhouse is planned, additional Water Availability approval from the Board will be required and additional Water Connection Fees will be assessed. If entryWay or other community irrigation systems are planned, these will also require additional Water Availability approval from the Board and additional Water Connection Fees will be assessed based upon the size and usage ofthe system. . Commercial Curb Cut Approval- This approval will be required for the Westfield Boulevard entrance. Provide a letter to this office requesting BPWS Commercial Curb Cut approval. Provide an 8 If2 x ] ] exhibit or exhibits detailing the requested curb cut(s) with all appropriate dimensional data including width, radii, aceVdeceVpassing blister dimensions, existing and opposing streets or drives, etc. . Temporary Construction Entrance approval if the location is at a site other than a permanent curb cut on Westfield Boulevard. Submission requirements are the same as for commercial curb cut. . Any permanent improvement to be installed within dedicated right of way or dedicated easements. This approval would require a Consent to Encroach Agreement between the Owner and the City of Carmel. II Secondary Plat approval if applicable. . Dedication of Right of Way if not platted. DEPARTMENT OF ENGINEERING ONE CWIC SQUARE, CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 EMAIL engineering@ci.carmel.in.us I am also enclosing a schedule for Board of Public Works and Safety meeting dates and agenda deadlines for your use. Please use the Engineering Department deadlines for submissions to the Board. Any submission to the Board requires prior approval by the Carmel Clay Plan Commission and/or the Board of Zoning Appeals (if applicable) and completion 0/ review by the Technical Advisory Committee. All written requests to be placed on the Board's agenda must include the appropriate Docket Number and the date (or dates) o/approvalby the Plan Commission andlor the Board of Zoning Appeals (if applicable). 4. T.A.C. Review/Drawings submitted for approval: We request that all comments and comment letters generated by this office be answered in writing and be accompanied by a drawing reflecting requested revisions. Final drawings will not be approved for construction until all Engineering Department and Utility Department issues have been resolved. The design engineer must certify all drawings submitted for final approval. This office will require a minimum of four-sets of drawings for approval after all issues have been resolved. The drawings will be stamped as approved and will be signed by the City Engineer and Director of Carmel Utilities. The Owner will receive one-set which is to be maintained on the construction site at all times. Carmel Utilities wiIl receive one-set, our Public Works Inspector will receive one-set and one-set will be maintained in the Engineering Department. If additional approved sets are desired, we will approve a maximum of two-additional sets. However, the additional sets must be submitted with the required four-sets. We also require the submission of one digital CD of the approved construction plans per City of Carmel requirements. 5. Please be advised that any installation of signs, walls, irrigation systems, etc. within dedicated right of way or dedicated easements will require a Consent to Encroach Agreement with the City of Carmel. This agreement, with the exception of irrigation systems, requires BPWS approval. The City Engineer may approve irrigation system agreements. 6. Carmel Utilities should be provided drawings for review of water issues. They will provide a separate review regarding these issues. 7. Carmel Utilities does subscribe to "Holey Moley" who should be contacted directly for all water main locations. 8. I am including copies of the following with this correspondence: . Subdivision Project Approval Procedures . Commercial Project Approval Procedures o Performance Release Procedure e Subdivision Building Permits . Permit Data, Contacts, etc. . Street Signage Requirements BONDING REOUlREMENTS 9. Upon initial review, it appears the following bonding requirements may apply to this project: Performance GuaranteeslEngineer's Estimates 00 Streets (base, binder and surface must be bonded together) " Curb & Gutters " Water Mains . Storm SewerslDrainage oil Monuments and Markers o Street Signs o Sidewalks (Interior-builders lot right of way sidewalks and Exterior-common area/perimeter right of way sidewalks/asphalt paths may be bonded separately). o Right of Way Improvements may be bonded separately. This could include accel/decellanes, passing blister, pavement widening, thermoplastic striping, stone shoulders, curbs, etc. Erosion control may require a Performance Guarantee. This will be determined later. If the interior streets are to be private streets, the bonding requirements listed above for Streets, Curb & Gutters, Storm Sewers, Street Signs and Interior Sidewalks would be affected. The amountofthe Performance Guarantee is based upon a certified Engineer's Estimate for 100% of the cost of labor and materials to construct the individual improvements, to be provided by the design engineer. Please provide detailed Engineer's Estimates for each improvement including quantities, unit costs, pipe sizes and materials, etc. Upon completion and release of individual Performance Guarantees, a three-year Maintenance Guarantee will be required. The Maintenance Guarantee amount is based upon 15% of the Performance amount for Streets and Curbs and 10% of the Performance amount for all other improvements. Performance Guarantees may be Performance or Subdivision Bonds or Irrevocable Letters of Credit. Please reference the enclosures for more detailed explanation of our procedures. Right of Way Permit and Bonding Any work in the dedicated right of way of Westfield Boulevard will require an approved Right of Way Permit and a License & Permit Bond. The bond amount is determined by the number of instances of work in the right of way at $2,000.00 per instance. However, if the work is included in the scope of work of a required and posted Performance Guarantee, the Performance Guarantee may be used to satisfy the bond requirements of the Right of Way Permit. Please contact our Right of Way Manager, Fred Glaser, to arrange right of way permitting and bonding. 10. We have engaged Crossroad Engineers, PC to review all drainage plans and drainage calculations submitted to this office for review. We will share Crossroad's comments as they are received. When construction plans are submitted for review for this development, please provide a set of drawings and drainage calculations directly to Crossroad. AVAILABILITY AND CONNECTION FEES II. Availability (acreage) Fees must be paid after all other Engineering Department requirements have been satisfied and prior to approval and start of construction activities. Availability Fees are based upon total platted acreage or legal description acreage for the development at the current rate of $1,01 0.00 per acre for Water Availability. Based upon the indicated acreage on the enclosed legal descriptions, the following Availability Fees, at current rates, would apply: Water - 8.796 Acres @ $1,0 I 0.001 Acre = $ 8,884.00 Connection Fees-Based on the drawings submitted, there appear to be 16-buildings with a total of 1 iO-single family townhome units. Please provide this office with a listing of the buildings, units per building and number of bedrooms per unit. The current Water Connection Fee is $1,310.00 per EDU. Connection Fees are paid when the infrastructure has been completed, satisfactory test results obtained and the development has been released for building permits. Connection Fees are paid on a building-building~lot basis. The EDU calculation is based on the following: I-Bedroom Unit @ 0.54 EDUs per Unit 2-Bedroom Unit @ 0.8] EDUs per Unit 3-Bedroom Unit @ 1.00 EDU per Unit The Availability and Connections Fees are current as of this date but are subject to future revisions. If an irrigation system, swimming pool or clubhouse isplannedfor this development, additional Water Connection Fees will be assessed based upon tI,e recommendations of the Director of Carmel Utilities. PROJECT COMMENTS A seven-page Plan Certification Form has been enclosed. This form was created with the desire and intent to streamline the plan review process. We request that you please complete this form and return it to the Department of Engineering as soon as possible. Additional comments will be provided by the Department of Engineering after the Certification Form is returned. Please treat each item on the form as a requirement of the Department of Engineering. Providing a "no" or "N/A" response to any of the items does not relieve the Developer of the responsibility of meeting the requirements ofthe Department of Engineering. The Department of Engineering will make the final determination as to the acceptability ofany "no" or ''NIA'' responses. 12. Please contact Crossroad Engineers to obtain drainage review checklist for consideration in developing secondary plat and that design effort. The Department would expect the secondary plat and construction drawings submitted to confonn to the requirements of the checklist. 13. Please provide detention volume for the fully developed site and for the fully developed thoroughfare plan right-of-way for the Westfield Boulevard frontage. This requirement shall apply regardless of watershed limits. Please provide adequately sized pipes to carry water from the street to the proposed ponds. 14. If off-site easements will be necessary to install the utilities, these easements must be secured prior to the Department of Engineering approving the drawings. 15. Please provide ADA ramps where tbe entrance crosses the asphalt path and at all interior street intersections. 16. The Department requires that the construction drawings be developed in accordance with the City of Cannel digital submission standards and that all required submittals for primary plat, secondary plat, and construction drawings be made. The digital files must be submitted to the Department of Engineering prior to approval of the construction plans. 17. The City has adopted a new paving policy. Please revise any notes, specifications, and details to accommodate this policy. The language of these policies must be added to a specification sheet on the plans. 18. The City has adopted a new curbing policy. Please revise any notes, specifications, and details to accommodate this policy. The language of these policies must be added to a specification sheet on the plans. 19. This project is subject to the Cannel Stonnwater Management Ordinance, which was adopted February 6, 2006. These comments represent the Department of Engineering's initial review of the PUD for this project. We request that all responses to our comments be provided in writing. Failure to provide written responses may result in the delay of the review process. It is critical that this office be made aware of all modifications made on the plans being re-submitted, particularly if any such changes are considered "new" or fall outside of our previous reviews. Please provide revised plans including all revisions. Please notify us of any changes and specifically state any changes, including changes resulting from Plan Conunission, BZA or other committee meetings. All bonds and performance guarantees must be posted prior to Engineering Department approval of construction plans. Board of Public Works and Safety approvals and any other governing agency approvals (if required) must be obtained prior to Engineering Department approval. All performance guarantees must be posted prior to submission of secondary plats for Board of Public Works and Safety approval. The Department reserves the right to provide additional comments based upon subsequent reviews and on the grading and drainage system upon receipt of drainage calculations and more detailed construction drawings that provide grading elevations, pipe sizing and invert elevations. These comments may affect the drainage system layout presented on the primary plat. If you have questions, please call me at 571-2441. Sincerely, e=~~ ~ Plan Review Coordinator Department of Engineering Enclosures Cc: Matt Griffin, Department of Community Services John Duffy, Carmel Utilities Paul Pace, Carmel Utilities Greg Ilko, Crossroad Engineers Greg Hoyes, Hamilton County Surveyor's Office Engineering File Copy Engineering Department Review S:\PROJREV06\TOWNHOMESA TCENTRALP ARK