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HomeMy WebLinkAboutCorrespondence .. I ( -~') (, . . ERO ON AND SEDIMENT CONTR L PLAN TECHNICAL REVIEW AND COMMENT Hamilton County Soil and Water Conservation District 1108 South 9th Street, Noblesvillc IN 46060 Ph- 317-773-1432 or Email at john-south@iaswcd.org It-j- Dd- pJ PROJECT NAME: Northbound Ramp from SR431 to Lowe's Way ~ Ham i Iton County Board of Commissiol1~f~E\VEO IUS 24 ~.OO~ DOCS SUBMITTED BY: Mr. Clinton Sparks Ameri can Consu Iring 7260 Shadcland Station Indianapolis, IN 46256-3917 REVIEWED BY: John B. South P.E. Certified Professional in Erosion and Sediment Control PLAN REVIEW PROCEDURE: Site Visit Date: Plan Review Date: 5/1102 LOCA TION: SE corner of 146th and SR43 I LEGAL DESCRIPTION: Sec. 19 TOWNSHIP: ] 8N RANGE: 4E CTVIL TOWNSHIP: Clay SOIL SURVEY MAP SHEET: Map on Plans The technical review and comments ai'e intended to evaluate the completeness of the erosion and sediment control plan/or the project The erosion and sediment control plan submitted was not reviewed(or the adequacy of the engineering design. All practices included in the plan. as well as those recol/lIl/ended in the comments should be evaluated as 10 their feasibility by a qualified individllalll'ith structural practices designed by a qualtfled engineer. The plan has not been I'eviewed/or/oca( state, orfi:;'(leral permits that may be required 10 proceed with this projecl. Addilional information, including design calculations may be requested tofilrlher evaluate the erosion and sediment control plan The erosion and sediment control plan has been reviewed and it has been determined that the plan: Satisfies the minimum requirements and intent of 327IAC 15-5 (Rule 5). Notification will be forwarded to the Indiana Department of Environmental Management. Refer to the comments section for additional information. X Does not satisfy the minimum requirements and intent of 327IAC 15-5 (Rule 5); deficiencies arc noted in the checklist and in the comments section. Deficiencies constitute potential violations of the rule and must be adequately addressed for compliance. The information necessary to satisfy the deficiencies must be submitted: Propel' implenlel'ltatio/1 olthe erosion and sediment conlrol plan and inspections o( the construction site by the developer or a representative are necessalY to Ininimize off-site sedimentation 7'l1e developer should be aware that unforeseen construction activities and weather conditions may effect the pClformance a/a practice or the erosion and sediment control plan. The plan must he aflexihle document. with provisiQns fa modify or substitute practices as necessar)l. Revised 4 /97 PROJECT: Northbound Ramp fn:~~R431 to Lowe's Way ragt: 2 of 3 Yes No x IA x In x lC x ID x IE Yes No x 2A x 2R x 2C x 2D x x x x x Yes No x Comment 38 Yes No comment 4A x 4B x 4C x 4D x 4E x x x comment N/A x u ARE THE FOLLOWING ITEMS ADEQUATELY ADDRESSED ON THE PLANS? (All Pla!1S Must Include Appropriate Legends, Scales, (/Ild Nortll Arrow) (ltem.~ tllat are Not Applicahle to this Project llre designated by NA) PRO.TECT INFORMATION Project Location Map (Show project in refmion to other areas o/the county) Narrative Describing the Nature afldPurpose ofthe Project Location of Planned and/or Existing Roads, Utilities, Structures, Highways, etc. Lot and/or Building Locations Landuse of Adjacent Areas (Show the Entire Upstream Watershed and Acijacent Areas Within 500 Feet of/he Property Lines) TOPOGRAPHIC, DRAINAGE, AND GENERAL SITE FEATURES Existing Vegctation (Identlji, and Delineate) Location and Name of All Wetlands, Lal,es and Water Courses On and Ad,jacent to the Site 100 Year Floodplains, Floodway Fringes, and Floodways (lvo/e If None) Soils Information (lfhydric soils are presellf, it is the responsibility of the owner/developer to investigate the existence ofwellands and to obtain permits ji-om the appropriate government agencies) 2E Existing and Planned Contours at an Interval Appropl'iate to Indicate Drainage Patterns 2F Locations of Specific Points Where Storm water Discharge Will Leave the Site 2G Identify All Receiving \Vaters (IJDischmgc is to a Separate Municipal Storm Sewer, Identify the Name o{the Munic/jJCII OperatOl' and the Ultimate Receiving Water) 2H Potential Areas Where Storm water May Enter Groundwater (Note if None) 21 Location of Stormwater System (Include Culverts, Storm Sewers, Channels, and 5\vales) LAND DISTURBING ACTIVITIES 3A Location and Approximate Dimensions of All D.isturbed Areas [i.e., Construction Limits] (Areas Where Vegetative Cover Will Be Preserved Should be Clew'~v Designated) Soil Stoel{piles and or Borrow Areas (Show Locations or Nole i{None) 4F 4G 4H 41 4J 4K EROSION AND SEDIMENT CONTROL MEASURES Sequence of When Each Measure Will Be Implemented (Relati"c to Eanh Disturbing Activities) Monitoring and Maintenance Guidelines for Each Measure Perimeter Sediment Controlf\.1easu res (Location. Construction Detail. Dimensions, and Specifications) Tem porary Seeding (Specijicalions; Including Seed ML'i, fertilizer, Ume. and Mulch Rate:,) Temporary Erosion and Sediment Control Measures (Location, Construction Dewil, Dimensions, and '\fJccifica/ions) Permanen t Erosion and Sediment Control Measures (Location. Construction Detail. Dimensions, and Specificotions) Storm Drain Inlet Protection (Localion, Construction Detai!, Dimensions, and Specifications) Storm water Outlet Protection (Location, Construct/rm Detail, Dimensions, and Specifications) Stable Construction Entrance (Location, Construction Detail, Dimensions, and Specifications) Erosion and Sediment Control on Individual Building Lots (Specifications) Permanent Seeding (Specijications: Including Seed ML;::, Fei'tilizer, Lime. and Alulch Rates) R~viscd 4 f 97 ER6!ION AND SEDIMENT CONTRQ PLAN TECHNICAL REVIEW COMMENTS PROJECT: Northbound Ramp from SR431 to Lovve's Way Page 3 of 3 Note: All erosion (lml sediment coJltrol measures shown 011 tlie plam' (llld referenced ill tliis repie,!! must meet tlie dej'ign criteria, s(andard.\', and specifications outlined in the "Jlldiullll H{(}ulhookfor ErosioJl Control ill Developing Areas "from tile Indialla Department of Natural Resources, Division of Soil Conservation or similar Guidance Documen!s. 2B &2C Please provide information on the plan. Both a wetlands and t100dway are onsite. 3B. 4A. & 41. Contractor is to provide this information, The NOI cannot be signed until this information is submitted as required by the NOI. 4C. A sediment trap is recommended c\ov.mstream of the storm sewer at approximately Station 30+440. Practices are needed to prevent sediment from entering Cool Creek while building the approach. What practices will be employed while building the bridge abutments to prevent sediment from entering Cool Creek? 4D. A temporary seeding spec is recommended. Is a temporary crossing proposed at this location? Cc: Carmel DOCS Ha, Co, Surveyor Ha. Co. l-liglnvay Doug Wolf, IDNR File ~ ~ I~ y u 3/1''1/ c?.. ,_o_J)()~~~~~_~_~\ ~-<6,:-~fv'___ ____ __._____ I ~.- :-_~...;---,....-:.oj ; .,. I I ~-=-~-- -.. ~=-. --------- ---=-- ~ - ~-. ~ ,~..t\,.~~__l~~~ -:n> v~'1.3.J. ~.. --.- --4Ii-A:!=-~ I~_~ ..b. 1> J:3_ i --4t ~~ ~-~ \)~ J,;t;~L______ I -... . -----1il-~~~'--\:)t$i!"""y--f.n,,!>=-sJ'~c:.f 6k_M-<<:"f.r;S~___ . _ ___ ~- - -'. ---ffi.-~\1"~c",- V"'-'<~_lb.~_~ !., _ \~____ I----.~.--.D ~_J:)~ er._?oN ~'..U~b~.{!m::>_~.iO&._~~ H#t.rj i- .. --~ o. C. "L - 'i:l~-:- S tl:r:-F-P.~_.s.:ltkE oF' 2.. Ab~.I.no"!1c. <> .......~.s___ I - -'ii.~I~.I-!fC!. ::r:t'tk.g:-1-b-I"'Q.t>T ({ -0 -..... ~_ ____ ~.- --1.:- '( &...."."'" t'!.WEJ_U> KtJ.&._E6R-8.E.?,/>>J€ -- -- . - - ~f_.-CLQ,t. tr~I-~-I.7='/J:I!..q:_.WN..L/_~IlEY_1CEi"JL...J%5:rn'/.c___ .--------r~~-::~~~-<- . __~== -~=-~--:~~- -- ... ."" '~(,~t:1,b"""~ --=__ __~._~~. _~~ __ ____ _ ____-__ . -,---.. ~--- --~'-- --~ -. -~---.... - .---.- _ 15V~l>PD.__~~=-J:i.~~ ._-----..,~ -;---- \JD-re:- -------~ ~- ~._----------- .. -- .------- ---- - ----- -- - -- -.."..._- ---.------.....-- --- ----- --- ---- ~~~-.I t~~__. ~-1~~-~.-.~- _. -_--~.~_.- <-~ ~-~ __-_~ __>- -.- I?, - rf __&fto'tJ'C::>__ _ _.. __ _ .. .... __u__ ,_._ ______ . .~-- + ----- ---- .---.--____..._ n __ --_--__~m-- - ___~ _~__~=.___-..-~.-=~:_~-_~_-----______-=- ~_ ~--- -- --------- .....- ----~-......... ......-- -----~ - '/ u .U . MICHAE~~A..HOWA.RD' Attdrney:atLa,'V ' 694Lp,g~n Street. N'ObJesviUe, .Indiana 4.6Q60 (31'.7) 773:-42H F:ax (3.1 7) 776-2369 , ,March 11, 2001 Mt.Mike J:tollib~augh Mr. Jon Dobo~i'ewiG'z.' Department, o{ConilllUnity pevelopment City ofC(iimeI . One 'GiviG 'Squ'ai'~; Cannel, IN 460~2 .\ .. , Re:, VaCafi'()U ,?(Dan~ury Estates ". Gentlemen: . . ~ , ." . - - . , . . 'L~]lciose'fo'rYo.l,tr inforrhatl'on ~r fully executed Warranty Deed.'fr61~lJiam.i.lt0n CCl\Jn~Y to the City dfCari11eL y ouwlllhqt~ tliattpe previO~lSpf1JceI for Parcel D h'as)Jeerr widelle'~-'inordel' to . address those issues tais~dbY. the Car,l11ei Fire:.Department at QUT. T- AC me~ting~ Than'k YOU f6r all of your assis.tance. Very truly YOUl:S, Michael A. Howard" ,MAHHep . " . Eficiosun; I . (J (j One Civic SC(l.lare Carmel, IN 49J32 (2i 7) 571.2417 Fax; (317) 571-2426 ,..O~ \m,~ ~ Fsoo ') 1) (0- ~ ~~q Pho"~ Front: A~~. Po:l.glaS: S Oa~e~ "Q-~ -c::)~ . Re~ \\\~~, <4 , 1 tJ d, y(L -~eK~ eel CI UrgElnt 0 For Review tJ P.lease CQll1ment D pr~ase Reply a Pleas!! ~ec:yc[a ~ L- ~ =::.......,;; ~oII...~6'" :f:l=: 4. h. J~-b C)... ~~ ~ ~ ~"'"t'p.,-.-"!. AMERICA~ CONSUL riNG, INC. Architects Consultants Engineers 7260 ShadeIand Station, Indianapolis, iN 46256 (317) 547-5580 FAX: (3]7) 543-0270 info@amercons.com LETTER OF TRANSMITTAL To: Jon Dobosiewicz City of Carmel One Civic Sq. Dept. of Community Development Carmel, IN 46032 Date: Project Name: Project Number: /<. . I,) ;C''''' ~,:, ~if c;/ <(9 ~;~ j ~\ tJ/) <h" ..} \;: v(:7n vi? I \;\ u . -.j' \ /;.~ " .y "<>)~ ",.<\ .',i;/ ~TIfV/ ~ As Requested 02/21/02 146th St. Ramp 99-355 We are sending you: IS] Enclosed D Separately via D Mail ~ Messenger D Overnight D For Your Information D For Your Review & Comment Deliver by: Time: Date: OZ;..)ZL /oz..- D D QTY. TYPE DESCRIPTION 1 . copy Revised Hammerhead Turnaround Remarks: Please give me a call after you have had a chance to review. Please return: D Copies to this office Copies of: Trans: Enclosure: To: Very truly yours AmeriCii7~ By: Clint Sparks I ! 11 - - i f U Ii l U (/~ /07.- ~&U(L'r IQI ~ ~, I ~ ~ - 1 1 - ili l. V\"\ , \(.~ I'1O~ i,I'2.-. C~.~~_$,~~ ~ . ~~~ ~~~_~ l;"~JE)__ ! i ~ C4"1.- ~~ ~ I III ! I -. ~\~~ , '"( as Tl::. I , t:.4"'\"r . G-1T'1' ""~" $S;, ~_~th_ IJ~ -- I I ct>c)'~r.: i 1 I I I I , - -- -~ I 1 '(~_(~o i l kt8w.\.....Q....r.t~ :_ CoW.. - bIi, - .f~ - I i -- -- I ~ ~ p"""",- ~fi; . ---~- , , . .~'- -------- ! 1 ~ J"-_\'~ , 'I~ - ~_ft=~_~tl~ --0--" ~iL ' I - - I i i : ~ --- -------- , , - u__"_ , ,- ~~ - -_...-...-"""--:-......~ ,.--- I .- - : I I , r- -~ --------........... -- --- ,i 1 i :' --.c,,,,..,...- - .--..- -- ~---~- I ,.I I - -- - -.- I ~--'-- , tl ....=--- ------- -.....: - -- ------.- -- I : I ! --- -~ I --- -- '- . ____________-'*-_a ~_._______ -- "--_.._- ---- I Ij I ~- ~ --- ----.--..........---- --- ------- -- - -- -----......- - - - - - --_.-- - - --- I .......---_.~ -.-...- .. -_.~_.,--....- ~--. - .- . ..- --- -"-~-~--_._--- - - - _... --- - - u u Urban Forester comments T AC Agenda for Feb. 20, 2002 Pier One Imports - Property is zoned B-8 and is the 431 Overlay district. No landscape plans received. Current ordinance requires buffering requirements ofD on the Keystone and Carmel Drive perimeters, B on the west side, and A on the south side. Several changes to the landscape areas have been made since the 1987 approval, including removal of some landscaping areas in front for parking. Though there is some landscaping in place that needs to be preserved, but it does not meet current requirements. Areas of concern: lack of trees in the 30' greenbelt along Keystone Miller Auto Care - No landscape plans received. Property is zoned I-I and B-l. Current ordinance requires side yards of at least 5 feet and buffering requirements of A or B (3 shade trees, 3 or 2 ornamental trees, and 9 or 15 shrubs, per hundred linear feet). If existing streets are to be disturbed by construction, a plan for their movement or replacement must be submitted. Forest Dale Elementary School- Surrounding properties zoned S-2 residential. Current ordinance requires perimeter buffering standard D (5 shade trees, 5 ornamental trees, and 27 shrubs or 9 evergreens per 100 linear feet). There are no planting "notes" or specifications on the plans. They must be submitted, including items such as the removal of the stakes and wires within one year. Planting details must specify that the root flare (not root ball) is to be planted at or slightly higher than grade. Root ball should not be covered or mounded over with clay "topsoil". Crabapple variety "Snowdrift" should not be used, approved alternative should be chosen. Along the north perimeter between the property line and the parking lot, there is a storm sewer and an underground gas line running parallel to the drainage swale. This may present a conflict to planting Ash trees along the parking lot. Existing plants to remain should be marked on the plans as such. q.. Danbury Estates Plat vacation - No comments at this time. Western Hills Subdivision - Have not received landscape nor open space plans yet. Village of West Clay and Section 5001 - Have been meeting with Park Pifer, landscape director for Brenwick, on plans and comments Claybourne Estates, Section 1 - Have not received secondary plat and construction landscape plans yet for review u u (11~r!) '-'_ A\ . . l -,',,' . y'. , .,Q., "';1~('ro~J"G6.';~;" ' City of Carmel DEPARTMENT OF ENGINEERING February 18,2002 Mr. James W. Neal, PE Hamilton County Highway Department 1700 South lOth Street Noblesville, IN 46060 RE: Danbury Estates Plat Vacation p.J \"'.....01- DcarMr. Neal: We have reviewed your submission in anticipation of the February 20, 2002 Technical Advisory Committee meeting. We offer the following comments: 1. Is it a correct assumption that right of way parcels 4C and 4D are for the construction of the proposed hammerhead and the access drive? 2. Will tllls right of way be re-dedicated to the City of Cannel? 3. It is questionable if the City of Carmel would desire to accept maintenance responsibility for the southern extension of the hammerhead for what is essentially a private drive. 4. Assume that parcel4B is dedicated since it is only part oflot 291 5. Assume that lot 30 in its entirety is dedicated as right of way? 6. TIle residual portion of lot 29, and lots 26 to 28 are not right of way? What are they to become? 7. There is a residual piece of the cui-dc-sac right of way. What will happen to that piece? 8. Are there cul-de-sac design options available that could replace the hammerhead design witllin the right of way constrictions? If you have questions, call Kate Weese, Mike McBride or me at 571-2441. A71td Dick Hill, Assistant Director Department of Engineering Cc: M. Kate Weese, City Engineer Mike McBride, Assistanl City Engineer Jon Dobsiewicz, Department of Community Services S:\PROJREV02\DAN PLA TV AC ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571.2441 w U> . '; " ; ! ;' ":,' RECEIVED ,-, CARMEL/CLAY TECHNICAL ADVISORY COMMITTEE AGENDA ' , DOCS ~ Date: February 20, 2002 Place:Department of Community Services Conference Room 3rd Floor - Cannel City Han 9'00 a m 9'20 a m 9'40 a m 10'00 n m 10'30 am 11 '00 a m 11 '20 a m 11 '40 a m Pier 1 Imports (Building Modifications) Petitioner seeks to alter the architectural design approved as part of Docket No. 111-87 ADLS. The site is located at 715 East Carmel Drive. The site is zoned B-8/business and is located within the SR 431IKeystone Avenue Overlay Zone. Filed by Glenn Golson, Jr., of Architecture + for Pier 1 Imports. Miller Auto Care (Building Expansion & Site Improvements) The applicant seeks approval to construct an addition to an existing building. The site is located at 434 South Rangeline Road. The site is zoned I-l/Industrial (part) and B-IlBusiness (part). Filed by Ryan McNeely of Design & Build Corp. for Miller Auto Care. Forest Dale Elementary (Building Expansion & Site Improvements) The applicant seeks approval to construct additions to an existing building and site improvements. The site is located at 10721 Lakeshore Drive West. The site is zoned S- 2/Residnetial. Filed by Jeff Bolinger of FanningIHowey Associates, Inc. for CarmeVClay Schools. Danbury lEstates Plat Vacation (!plat Vacation) Petitioner seeks to vacate a portion of the Danbury Estates Subdivision including Lots 24 through 32, and a portion of the right-of-way of Durham Drive and Dublin Drive. The site is generally located a the southwest comer of the Danbury Estates Subdivision in the City of Carmel. The site is zoned PUD and R-4/ Residence. " Filed by the Board of Commissioners of Hamilton County. Western Hills Subdivision (primary Plat) The applicant seeks approval to plat a WI-lot residential subdivision on 80::1: acres. The site is located on the southeast comer of West 141$1: Street and West Road. The site is zoned S- llResidentiaL Filed by Dennis Olmstead of Stoeppelwerth & Associates, Inc. for Platinum Properties L.L.C. Village ofWestClay (Rezone aDd Primary Plat Amendment) The site is located within the Village of West Clay. The site is zoned PUDlPlanned Unit Development. Filed by Jose Krutz ofBrenwick TND Communities, LLC. Village of West Clay, Section 5001 (Secondary Plat & Revised Area Layout) The site is located at the southeast comer of 131:it Street and Towne Road within the Village of West Clay. The site is zoned PUDlPlanned Unit Development. Filed by Keith Lash of the Schneider Corporation for Brenwick TND Communities, LLC. Claybourne Estates, Section 1 (Secondary Plat and Construction Plans) The site is generally located at the northwest corner of Shelborne Road and West 131 st Street and on the south side of 131 sa Street Y4 mile west of Shelbome Road. The site is zoned S-l/Residence - Estate. ~J ;s.~'~t',;;;iln~':~'8 f:~HS'!.~:;~ ;~l F'ipe~1rif~ r~i:), ha::3 no Gor~!,pa.fl}l ~=aciUtif-:~S i!'1.sve~~~Ojecl ~ J(-OJ-. 'Sh~;~ .'-,,_.. "_._.J'"ij~i.;;" 4a- 4c {e- 9e- 4e- ~L 1L 4~ ~ . u u Hamilton County Highway Department ~. \~,' ~'1/ ",- AY . -. <-<;" ;::?) ~ '~. r ' F[~ECElVfD ~ 11 2002 DOCS . ..-\ ': .A \.' ': ',ill'>'" " ~ ~ 'G! To: Call11el T AC Members From: James W. Neal, P.E. Date: 2f712002 Re: Danbury Estates - Plat Vacation The enclosed documents are for the vacation of a portion of the plat for Danbury Estates to include the removal of the cul-de-sac on Dublin Dr. The cul-de-sac will be replaced with a hammer head turn around. area, east of the existing cul-de-sac. This item will be discussed at the next Carmel TAC meeting. G\USERS\JN\CORRESPO\ 146TH\US31-Ramps\Dublin Dr. Memo.doc 1700 S. 10111 St, Noblesville, IN 46060 Phone (317)-773-7770, Fax (317)-776-9814 WW\II!.CO .hamilton. in. us 6 "- ""' 'r> -. m <" ..- ~ "1 ..- C> "" /' D w ~ "'- <} "'" n N N <Il .0 C :>' "" o ~ 6 I.' ~ .- .:; <:2. ,-. u ;;, JAN-09-2002 15=45 RI'Ci CAN CONSUL T I NG' I NC 317 543 0270 P.04/04 u TOTAL AREA EX1STING R/W NE. T TOTAL AREA = 9375.0 n/ (100944 nL) (PLAT) -0- 93780 mL (100944 aL) (PLAT) THIS PLAT WAS PREPARED FROM INFORMATION OBTAINED FROM THE RECORDER'S OFFICE AND OTHER SOURCES WHICH WERE NOT NECESSARILY CHECKED BY A FIELD SURVEY, = = (!) 150.33' CENTER LINE STATION IS IN METRIC SCALE. R/W PAR. NO. 48 29 ES "8" =5.32-3 mL(5730 m2) R/W PAR. NO. 4A '-OJ' OJ RES de = 4609.9 m2(49620 ft.Z) "- ""-.. "- ""-..-!..'16' ':. 'il';f' '" "- ""-.. "- " ""-.. o rn r- rrl 28 103.27' n to ..q- r-- VI Q) 'v' CP. 27 -0 '~. 7.03' _ ~ ~ ~~.77'_ __ _ ~ _ ' w Z .-I :: R W PAR, NO.4 o tf) r-- 26 o U) r-- 135.77' / +400 97.45' ~\\\\\ \ \11111111//111/1/1 ~",,\'\ R 11/;: ,#''-: ~.'....._~~ft. ~'% ~ O~-\.r.,\S TE R['..:t-"fJ ~ ~ Cj .,' '" 0 ", () ?;, ~. Ck :~ "0- \D ~ g;: 0:- -,,Os I C)~ No. 50489 ) Z I - ' - ~ -'. STATE OF: ~ % (-.. _.' $ "% -1~'.,!.^,DI/t.~~.-,"O<<- f! ~ 0 S'U"R"\J'(.--\ # 'I11t1. ' ~\,'{$ 'fIlII/III r 11111 \ \ ,\\\ \\\\ r" ] Giver) under my hand ond sea\~\A~"" 7 I L,['() \ lL~8. G1k~~AWn Gordon L. Richardson. L.S. r-;>,,~;dprnrl 1 nnd Surveyor, No. S0489 w u \ \ \ L~ \ .\~~~~. '"" ..._\ -~.- ... \'\ \ \ \ u____.. . . '. \ \\" \ . --,..- -,'q ~v ; -- \ .----- \ \ \ . \ __ f\. r \--0 I' . \,,_. ~ __ ' \' \ \ \ \. I\..- _ ~ '- ~ \\ \ \ 'II r-- \ \ '\,.\\ ~ , ) 0 ("'. - ~. I \ ' \ I ~ _/ \ II ':,-:':~ \ \-- \. ~'-' \ \ \ , - ~ ..-- .. : "1 l' ......- : : ~ - I: / !: I< \ i I' . , I ": 10+;00 '--; ,/ ,i . 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Johnson, Sue E From: Sent: To: Cc: Subject: Dobosiewicz, Jon C Tuesday, February 05, 2002 1 :27 PM Johnson, Sue E Lillig, Laurence M; Hahn, Kelli A; Hollibaugh, Mike P Docket Number Assignment - Part of Danbury Estates Subdivision, Plat Vacation Sue Ellen, Please issue the necessary Docket Number for the A portion of Danbury Estates Subdivision, Plat Vacation. It will be the following: . ;t02 PV $560 Total Fee: $560 Docket NO.J-02PV; A portion of Danbury Estates Subdivision, Plat Vacation Petitioner seeks to vacate a portion of the Danbury Estates Subdivision including Lots 24 through 32, and a portion of the right-of-way of Durham Drive and Dublin Drive. The site is generally located a the southwest corner oftlle Danbury Estates Subdivision in the City of Carmel. The site is zoned PUD and R-4 I Residence. Filed by the Board of Commissioners of Hamilton County: The petition will be placed on the March 19 Plan Commission agenda. Information packets (the application, supporting information, etc.) for the commission members need to be in our office by March 8th for mailing. In addition the petition will be reviewed by the Carmel Technical Advisory Committee (T AC) at their meeting on February 20th. Distribution of information needs to be mailed to T AC members no later that February 7th. I have sent Jim Neal a copy of the TAC member list. :3 Please contact .Mr. Mike Howard at 7~-4212 with this information. Once the docket is assigned please return the file to my Offie~ Thanks, \ \=- P-.;-\c:~ ~ ~ s- -~ ~ g.. '. ~ Jon ~ {VA 9 Y /~ cY (1' r{j ('h '<'-o,C~~''=-<) II to .-- ;J ~G:J <1 To: Fax: u u One Civic Square Carmel, IN 4E032 (317) 571-:2417 Fax: {31"n 571-2426 From: ~-<-,,~tQ~~ 62 6J-5-Q~ Pages: Date: Phone~ Re: ~~t'-,1 "6\-c~~~. , D Urgent cc: o For Review D Please Comment 0 Please Reply o Please Recycle ~-~~="""c';,-~-- . ~~~\ ~" ~-,~- ~'--~ ~",--,_~~. 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(b) Before offering the . instrument for recording under this section, an owner must file a copy of the instrument in the county auditor's office and must submit the instrument vacating the plat for the approval of the plan commission that has jurisdiction over the platted area under IC 36-7-4. If no plan commission has jurisdiction over the platted area under IC 36-7-4, the instrument must be submitted for the approval of: (1) The -county executive, in the case of land located in an unincorpo- rated area; or (2) The municipal works board, in the case of land located inside the corporate boundaries of a municipality. (c) The county recorder may record the instrument only if a certificate showing the approval of the vacation by the plan commission, county executive, or municipal works board is attached to it. If the instrument is not executed and approved as n~quired by this section, it is void. (d) The owners of land in a plat that is located outside the corporate boundaries of any municipality may vacate all of the plat without the approval required by subsections (b) and (c) if no lots have been sold and no roads constructed in the plat, and all ofthe owners ofland in the plat declare the plat to be vacated in a written instrument. The instrument must be executed, acknowledged, and recorded in the same manner as a deed to land. (e) An instrument recorded under this section terminates the effect of the plat or part of the plat declared to be vacated, and it also terminates all public rights in the public ways and public places described in the plat or part of the plat. However, a public way that has been improved, or that is part of an improved plat, ITd.y be vacated only in accordance with section 12 [IC 36-7-3-12] of this chapter or with IC 36-7-4-712, whichever is applicable. [IC 36-7-3-10, as added by Acts 1981, P.L. 309, ~ 22; P.L.220-1986, ~ 5.J 1ge its execution deeds. When the .e them with the ris repod; of the enses incident to 1e lots platted, as -3-7, as added by lat - Notice - ~me - Record- 7) of this chapter, :ordance with Ie in the notice, the surveyor's report lat by interested :lative body shall ,lative body has !,ive the plat an :tion of approval, ~r's office. When been done by the ts 1981, P.L. 309, mt or collection rvey and plat in a .operty platted, in 1St and equitable. fey and plat, the .Ie part of the cost NOTES TO DECISIONS ne the assessment LS recorded. If an after it is made, a e of the auditor of tor shall place the he landowner. The L collected, shall be 7-3-9, as added by ;~ .: References in Deeds to Old Subdivision. References to an old subdivision in deeds were for the purpose of showing the buyers where their lots were located, not an attempt to reinstate the vacated plat, and references to the original plat map did not recreate easements, conveyed when the subdivision was laid out, to roads in the now nonexistent old subdivision. Whitt v. Ferris, 596 N.E.2d 230 (Ind. App. 1992). Collateral References. 23 Am. Jur. 2d Dedication 9~ 25, 26. al - Recording a plat may vacate t must declare the 36-7-3-11. Vacation of land upon petition to plan commission. _ (a) The owner of land in a plat may file with the plan commission that has jurisdiction over the platted area under IC 36-7-4 a petition to vacate all or part of the plat pertaining to the land owned by the petitioner. (b) The petition must: . (1) State the reasons for and circumstances prompting the request; 36- 7 -3-11 PLANNING AND DEVELOPMENT 20 (2) Specifically describe the property in the plat proposed to be vacated; and (3) Give the name and address of each owner of land in the plat. The petition may include a request to vacate any recorded covenants or commitments :filed as part of the plat. The covenants or commitments are then also subject to vacation. (c) Within thirty (30) days after receipt ofa petition for vacation of a plat, the plan commission staff shall announce the date for a hearing before the plan commission. The plan commission shall, by nlle, prescribe procedures for setting hearing dates, mailing written notice to each owner ofland in the plat, and providing such other notice as may be required in accordance with IC 36-7-4-706. The petitioner shall pay all expenses of providing the notice required by this subsection. (d) The plan commission shall, by rule, prescribe procedures for the conduct ofthe hearing, which must include a provision giving each owner of land in the plat an opportunity to comment on the petition, (e) The plan commission shall approve or deny the petition for vacation. The plan commission shall approve the petition for vacation of all or part of a plat only upon a determination that: (1) Conditions in the platted area have changed so as to defeat the original purpose of the plat; (2) It is in the public interest to vacate all or part of the plat; and (3) The value of that part of the land in the plat not owned by the petitioner will not be diminished by vacation. (D If, after the hearing, the plan commission determines that the plat or part of the plat should be vacated, it shall make written findings and a decision approving the petition. The plan commission may impose reason- able conditions. as part of its approval. The decision must be assigned by an official designated in the subdivision control ordinance. The plan commis- sion shall furnish a copy of its decision to the county recorder for recording. (g) If~ after the hearing, the plan commission disapproves the petition for vacation, it shall make written findings that set forth its reasons in a decision denying the petition and shall provide the petitioner with a copy. The decision must be signed by the official designated in the subdivision control ordinance.. (h) The approval, disapproval, or imposition of a condition on the ap- proval of the vacation of all or part of a plat is a final decision of the plan commission. The petitioner or an aggrieved party may seek review of the decision of the plan commission as provided by Ie 36-7-4-1016. (Ie 36-7-3- 11, as added by Acts 1981, P.L. 309, S 22; PL.220-1986, ~ 6.1 Indiana Law Journal. Vacating Plat Ded- ications in Indiana. 37 Ind. L.J. 554. NOTES TO DECISIONS ANALYSIS Notlce. The petition for vacation was not required to include the names of all nonabutting prop- erty owners who may have a potential inter- Notice. Objections to vacation. Vacation of restrictive covenants. 21 Notice. (, est in th€ owners wi the street entitled t UninCOrpl 78 Ind. D 1980). Objectlo Objecti. could be within th Peru v. C VacatiOJ The val CoUat Dedicatj< 36-7. HeariJ (1) (2) .1 i cm may fi1 (A be pa (B to pa (b) .J subsec (1 (2 (3 pl (c) , [30] d notice (1 (2 pl The p (d) any Pi by se< (e) ordin, ~:~