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Antonia Gray Guerrero
Cottonwood Farm
2424 W. 131st St
Rural Route 6
Carmel, IN. 46032
317-844-4677
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David Cremeans, Subcommittee for Subdivisions
Planning Commission, City of Carmel/ Clay Township
Carmel, IN. 46033
Me Cremeans:
I would like to commend your group on the very professional manner which you are
approaching the petitions for re-zone for portions of the Village of West Clay by
Brenwick Company
Our 20-acre farm is directly north, across 131 sl Street, from the proposed re-zone. I am
mainly concerned about the very dense housing situation, whjch this re-zone will create.
Please review these ideas with your group.
1.) One of the reasons Brenwick Company wants to place Multi-use structures (in the
yellow shaded area on the proposed plot change map) is to "define and provide
visual appeal" to the Village of West Clay. Brenwick Company states that by re-
zoning the area and placing large buildings on the West side of Towne Road, this
new multi-use area would serve as a "book-end" to the Big White Building in the
middle of the Village, on the East side of Towne Road. As defined on page
11, of the definitions of the building elements of the Village of West Clay,
"ViJlal!e Center. The focal point of the Development within the Primary Area
containing the major civic and commercial space, as more particularly
delineated on the Development Plan" Brenwick Company seems to be redefining
their own "Village Center", wishing to create 2 "Village Centers". The original
proposal agreed to only one "Village Center", By placing Multi-use mixed
commercial and residential on the western side of Towne Road, this opens up a
truly residential area to a very different life-style; I would like to maintain the one
house per one acre zoning.
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2.) Another ofthe reasons given by Brenwick Company for the proposed request to
change the zoning at the southwest corner of Towne and 131 st Street is that "the
market is demanding smaller homes". We must remember that Brenwick's
interests are financial; how many homes and commercial building per acre can be
squeezed on this acreage. Also please review the entire Multi-use aspect ofthe
request; "The following (are approved) residential uses:
I.detached dwellings
2. attached dwellings
3. apartments
4. accessory dwellings
5. congregate housing. "
As stated by Brenwick, "there is a need in the market for this (very dense) type of
housing", but the Planning Commission is not obligated to approve this type of
housing in a truly I-family-l house residential area. Multi-use (MU) is not
necessary west of Towne Road. Apartment buildings do not belong in this rural
area.
3.) The baseball field, part of the "common area", appears that it is not "open space"
per se because its access and use is limited to titled residents, as are the parks and
ponds. It will appear very odd if there are multi-use buildings in this yellow-shaded
area, openly expecting the commercial and transit public, but at the same time,
limiting use of other amenities.
4.) Please review the Density agreements with Brenwick Company. In order to
achieve 50 more building sites on this acreage on the southwest corner of 131 st Street
and Towne Road, where did Brenwick AGREE TO REDUCE? As explained to a
group of neighbors, the isolated extreme western portion of 29 building lots on 20
acres, not attached to the Village of West Clay but figuring into the density number,
has been reduced to zero units because Brenwick Company would I ike to sell the land
to a religious organization. As explained to the neighbors, if no religious
organization purchases th.e land, then houses will be built by Brenwick. Please
ask Brenwick Company to explain in detail this ahrreement about the unattached 20
acres and the impact on density. Why should the Planning Commission agree to more
dense building when Brenwick does not fully agree, in writing, to retract the density
number on the unattached 20 acres?
Please call me with concerns and/or questions. Thank you.
Antonia Gray Guerrero ~ail~
May 28,2002 V -- . -
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KRIEG. DEVAULT LU
ATTORNEYS AT LAW
May 21, 2002
Thomas R. Neal
Direct Dial:j~~~~''''
E-mail: tl}i(~legal.coiri./~..
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Village of West Clay, docket numbers 1O-02Z, II-020A, and 12-02i1P..1:1ltL~id~S::/
Secretary
Carmel Clay Plan Commission
Carmel City Hall
Carmel, In 46032
RE:
Members of the Commission:
This letter cOIIfirrns that the issues raised by my earlier correspondence to the
Commission, dated March 12, 2002, and May 13, 2002, have been resolved by written
agreement between Brenwick TND Communities, LLC and my wife, Wendy F0l1une Neal,
dated as of today, May 21,2002. The agreement is attached and should be entered into the
record of the proceedings of these three petitions before the Commission.
Very truly yours,
TRN/kkb
Enclosures
IM-404001_I.DOC
ONE INDIANA SQUARE, SUITE 2800 . INDIANAPOLIS, INDIANA 46204-2079 .
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TIT MERITAS
LAW FIRMS WCALCWIOE
PHONE
317.636-4341
ru
3'7-636.1507
E-MAil
krieg@kdlegal.com
WEe SITE
www.kriegdevault.com
HRIEG DEVAULT ALEXANDER &. (APEHART. UP
INDIANAPOLIS. FORT WAYNE
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MEMORANDUM
OF
AGREEMENT
By and Between
BRENWICK TND COMMUNITIES, LLC ("Bremvick")
and
WENDY FORTUNE NEAL ("WFN")
WHEREAS, Brenwick desires to replat and rezone that portion ohhe Planned Unit
Development CPUD") of West Clay, located in Clay Township, Hamilton County, Indiana,
adjacent to and east of the property ofWFN, and west of Towne Road between 131st Street and
126th Street ("Site"), increasing density or the Site and changing the character to adopt the
historical patterns and controls of its Village of West Clay historic district, and has petitioned for
such action before the Plan Commission of the City of Carmel and Clay Township, Hamilton
County, Indiana and the City Council of the City ofCarmelllnder Docket numbers 10-02Z, 11-
020A and 12-02PP; and
WHEREAS, WFN has objected to the approval and adoption of such petitions and
desires to obtain screening and buffering of her property located at 2555 West 131 S[ Street,
Carmel, Indiana, along her east boundary with the Site due to the increased number of homes in
the Site immediately adjacent to the property ofWFN; and
WHEREAS, WFN additionally desires to prevent Brenwick from granting an easement in
the repl atted subject property to Cinergy Corporation for the purpose of relocating high voltage
power transmission lines along the property boundary line shared between Brenwick and WFN
from IJ 1 st Street to 126th Street, and Brenwick has agreed not to so act and instead to provide
an easement lor such lines along Towne Road; and
WHEREAS, the parties desire to memorialize their agreements and understandings prior
to any action taken by local government officials 011 Brenwick's petitions for replatting, rezoning
and text amendments to the PUD ordinance;
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings
contained herein, the parties agree as follows:
Section L Brenwick commits and agrees to provide various selected trees to screen
WFN's property from construction on that portion of its PUD of West Clay, Clay Township,
Hamilton County, Indiana, lying west of Towne Road, south of 131 sL Street and north of 126Lh
Street, lying east and adjacent to the property of WFN, as agreed between WFN and Brenwick
on attachment A, to be installed prior to the preparation of the subject area for development.
Brenwick agrees to install the screening trees chosen lor the plan in a manner agreed by the
parties for the maximum available protection of the existing estate character ofWFN's property
beginning immediately upon Brenwick's development of its first section of the Site, or as the
parties may agree.
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Section 2. Brenwick agrees to grant a utility easement on the west side of Towne
Road immediately adjacent to the public right-of-way for Towne Road, as it appears today or as
it may appear in the future, to Cinergy Corporation for the location of power poles and lines for
transmission of power south from the Cinergy 141 st Street/Towne Road substation to 126th
Street.
Section 3. WFN, in consideration of the foregoing, consents to the approval of the
pending petitions for replatting and rezoning of the subject Brenwick property, subject to this
Agreement, and withdraws her objections as stated to the Commission in correspondence. WFN
agrees to state her withdrawal of said objections in a letter to be delivered to the Carmel Clay
Plan Commission prior 0 its meeting on May 21, 2002.
Section 4. This Agreement may be enforced by either party through and under any
and all rights available to them at law or in equity including, without limitation, specific
performance and other injunctive relief. In any action to enforce this Agreement, the prevailing
party shall also be entitled to its costs and expenses of the action, including reasonable attorneys'
fees. This Agreement shall be entered of record in the proceedings of the Carmel Clay Plan
Commission for the stated petitions referenced above.
IN WITNESS WHEREOF, the parties have executed this Agreement this 21st day of
May, 2002.
BRENWICK TND COMMUNITIES, LLC
By:
Printed:
Its: c....e-M~
WENDY FORTUNE NEAL
396493 I.DOC
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KRIEG · DEVAULTI_L?
ATTORNEYS
AT
LAW
fAX COVER PAGE
DATE: May 14, 2002
PAGES INCLUDING THIS PAGE: 4
TO: Carmel-Clay Plan Commission
COMPA.l'N:
FAX NUMBER: 317-571-2426
PHONE NUMBER:
FROM: Thomas R NealiWendy Fortune
DIRECT DIAL: 317-238-6221
FAX NUMBER: (317) 636-1507
RE: Docket Numbers 10-02Z, 11-020A and 12-02PP
COMJIAENTS: Please see attached.
Hard copy will be sent via: 0 Regular Mail
o Overnight Courier
ISI Fax Commnnication Only
Name of Sender: nn Client Matter No.: tm-1
WARNING CONFIDENTlALlTY NOTlCE
The documents constituting thi~ fax transmittal contain confidential inConnation belonging to the sender which is leglllly privileged, The information is
intended only for the Ilse of the individual(s) or entity named above. If you are not Ibe intended recipient. you are hereby notified that any di~c1osure,
copying, distribution or the taking CJf any action in reliance upon the C{)T1tcnt of this fax tnmsmittal is .trictly prohibited. If you have received this fax
transmittal in error, please immediately notify us by telephone at the number below to arrange for retum of the original documents 10 us. Thank you.
For Questions or Problems in Transmission, Please Contact our Fax Operators at (317) 636-4341.
ONE INDIANA SQUARE SUITE 2800 INDIANAPOLIS, IN 46204-2079
TELEPHONE- (317) 636-434\ fAX-(3\7) 636-1507 E-MAIL -krleq@kdlegal.com
www.kriegdevault.com
IM-402836_l.DOC
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KRIEG. DEVAULT ill
ATTORNEYS AT LAW
May 14,2002
Thomas R. Neal
Direct Dial: (317) 238-622]
E-mail: tneal@kdlegal.com
VIA FACSIMILE - 317-571-2426
Carmel-Clay Plan Commission
c/o Department of Planning and Zoning
Cannel City Hall
Carmel, IN 46032
RE: Village of West Clay, Docket Numbers 10-02Z, II-020A, and 12-02PP
Members of the Commission:
Our previous correspondence of March 12,2002 concerning the above-referenced
petitions by Brenwick Development, in which we raised concerns over (1) lighting intensity, (2)
screening trees from the new plat's design of rear garage doors without a buffer facing our
property, and (3) architectural controls for a proposed church use, must be amended. The recent
disclosure of intent by Brenwick to induce Cinergy/PSI to divert high voltage transient power
transmission lines Imming south on T mvne Road from its new substation at 141 st Street and
Towne Road through a proposed Brenwick easement ruooing along our boundary line with
Brenwick from 131 st Street to 126th Street has caused us to bring this to your attention and to
protest these petitions in their entirety, as inadequately informing you and the public of the
impact of this replatted development. These lines are to be installed on 75-foot power poles, and
are designed to service development south of this location, including a new school at 126th
Street and Shelboume Road. These are 67,000-volt lines, not local residential service lines, and
would typically be installed in utility easements along public rights-of-way.
Power lines are real, measurable, tangible burdens to adjoining property that are
universally recognized as creating adverse effects to property values, especially in residential
property. City planners, developers and landowners can debate housing density, traffic and open
space, where everyone has an opinion. But all agree power lines debase and devalue otherwise
prime residential property unless placed underground. State-regulated power companies take
easements for lines to serve their ratepayers, usually along streets and public rights-of-way, and
local government generally has a limited role in that. However, one property owner paying the
power company to divert high-voltage transient transmission lines by easement to a boundary
shared with an adjacent property owner, whether to save his own money or enhance a private
project, without a common agreement with the adjacent owner, without notice, without cause and
without compensation creates real and tangible damage to the adjacent property. When such a
move is taken by that property owner concurrent with a petition for planning approval of a new
ONE INDIANA SQUARE, sum 2800. INDIANAPOLIS, INDIANA 46204-2079
'TT'
iii MERITAS
LAW FIRMl wtlRLDWID,
PHONE
317-636-4341
FAX
317.636.1507
E-MAIL
krieg@kdlegaLcom
WEB SITE
www.krlegdevault.com
KRIEG DEVAULT ALEXANDER & CAPEHART. LLP
INDIANAPOLIS. FORT WAYNE
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i\ 11 () R i\.j f- Y ~ .\ T l}\ \\'
May 13, 2002
Page 2
plat which includes such an easement for diverting the lines, the Plan Conunission has a right of
review, and adjacent owners should be notified and have rights to be heard on that subject.
Brenwick's stated reasons for diverting the transmission lines are (1) the highway
department would not approve the lines' remaining in a proposed median for a divided-lane
Towne Road, which was the Brenwick plan; (2) it costs too much to bury them; (3) Cinergy
needs service access to the lines and putting lines where the ultimately-widened TO\\'l1e Road
right-of-way would be will interfere with (?temporary) landscaping along Towne Road.
Brenwick oflers no reason why none of this was disclosed to aflected property owners before
May 2.
We believe much of the Brenwick reasoning is disingenuous at best and disguises the real
reason for the move, which is that it wants to get rid of unsightly power lines in front of its new
entrance and can at the same time burden our property, encouraging the sale of the same. The
reasons given by Brenwick ignore these points: (l) the highway department's view on power
lines in the median of a divided road could easily have been learned by a phone call four years
ago and is fairly obvious to anyone, so it is no surprise; (2) it is always too expensive to bury
high voltage transient lines, so they always run along highways and streets; (3) service access is
easily accommodated by the current roadway and utility easement and can be provided at the
new widened right-of-way; (4) it is cheaper to let Cinergy and the highway department widen the
street and move the lines; (5) lines along major thoroughfares are accepted by the public and do
not burden adjacent residential property as the diverted line bisecting the Fortune/Brenwick
property would; (6) the proposed divided-lane Towne Road, using only two traffic lanes until the
city or the county widens the whole thing is not necessary.
Thus, we must state for the record our strenuous opposition to any plan, design, format or
use of the subject property which includes an easement along our property line to divert high
voltage transmission lines which belong along the pubHc right-of-way on Tmvne Road. We are
endangered by this and distressed over the lack of n'otice of this intent. Diversion of the subject
lines is the most intrusive, adverse and damaging aspect of this development, and it is not
mentioned anywhere in any documentation of the developer. The placement of such lines will
also endanger and burden the future homeowners in the Brenwick Village, whose lots would be
virtually under these lines. We believe the diversion of these lines will adversely affect the
value, current and fhture, of our property by as much as 30% - 50%. Encasing the lines in
concrete underground is required if they are to be located there. Imagine them above your house
uncovered. It is very likely that litigation will be required unless this move is rescinded now.
Finally, a word about our property. This property contains what remains of the Fortune
horse farm, once containing 400 acres, 3 farms and stabHngfor 56 horses. The 37 acres left have
ancient cottonwoods and oaks, ornamental trees and gardens, and the home dating from around
1870, (The Brenwick route for the power lines comes to within 100 feet of the house.) The
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May 13,2002
Page 3
setting is so beautiful that people ask to get married on the lawn. The value of the property is in
excess of $2 million. A 50% reduction could equal more than a $1 million loss.
We urge the Commission to consider the damaging effect ofthe diversion of these lines.
Major utilities belong along the public right-of-way along major streets and roads. Such lines
run along Towne Road north of 131 st Street and south of 126th Street, just as they are
everywhere in Clay Township. Brenwick must recognize that it has a major thoroughfare in
Towne Road rmUling north and south through its Village. Divel1ing these lines will not change
that Conversely, keeping the lines in their original location will not damage the Village. The
public readily accepts utility lines along major thoroughfares. If it is that important to remove
them, they should be buried. They exist above ground along streets and roads everywhere in
Clay Township. We urge the Commission to take a position that prevents the damage to our
adjacent property by the diversion of these lines which endangers our family and those who
would purchase the lots under the lines in the Village. We believe Cinergy and the highway
department will support a decision to use a Towne Road location.
We believe these petitions should stay in Committee or be rejected until this issue is
resolved. We will be pleased to provide testimony or to answer questions on this matter.
Thank you for your time.
Very truly yours,
~
Thomas R. Neal
TRN/kkb
cc: Counsel
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TO; Carmel-Clay Plan Commission
COMPANY:
FAX NUMBER: 317-571-2426
PHONE NUMBER:
FROM: Thomas R. Neal/Wendy Fortune
DIRECT DIAL: 317~238-6221
FAX NUMBER: (317) 636-1507
RE: Docket Numbers lo-on, 1l-020A and l2-02PP
COMMENTS: Please see attached.
Hard copy will be sent via: 0 Regular Mail
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FAX COVER PAGE
DATE: May 14, 2002
PAGES INCLUDING THIS PAGE: 4
TO: Cam1el-Clay Plan Commission
COMPANY:
FAX NUMBER: 317-571-2426
PHONE NUMBER:
FROM: Thomas R. Neal/Wendy Fortune
DIRECT DIAL: 317-238-6221
FAX NUMBER: (3] 7) 636-] 507
RE: Docket Numbers lO-02Z, ] I-020A and 12-02PP
COMMENTS: Please see attached.
Hard copy will be sent via: 0 Regular Mail
D Overnight Courier
Q Fax Communication Only
Name of Sender: trn Client Matter No.: trn-l
WARNING CONFIDENTIALITY NOTICE
The documents constituting this fax transmittal contain confidential information belonging to the sender which is legally privileged. '!11e information is
intended only tor. the use of the individual{s) or entitynul1led above. If you are not the intended rceipienc, you arc hcreby notified that any disclosure,
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transmittal in eITOf, please immediately notify us by telephone at the number below to arrangc for retum of the original documents to us Thank you.
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IM-402836_1.DOC
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Thoffi3S R. Neal
Direct Di31: (317) 238-6221
E-mail: trn@l\:dlegal.com
March 12, 2002
George Sweet
Brenwick TND Properties, LLC
12821 E. New Market Street, #200
Carmel, IN 46032
RE: Notice of Public Hearing, Carmel-Clay Plan Commission; Docket
Number lO-02Z; Docket Number 12-02PP'Amencl!,--March 19,2002
hearing
Dear ML Sweet:
Thank you for taking the time to present YOLlr plans for amending the plat for
West Clay at the neighborhood meeting 011 March 5, 2002. My wife, VVendy Fortune
Neal, as o\vner of the real estate constituting the entire western boundary of your
subject property in Docket Number 12-02PP ("east parcel"), as well as being the
intervening property owner between that and the property concerned in Docket Number
10-02Z ('\vest parcel"), 1S clearly the most atfected and the only adjoining property
owner in the area for both of these matt~rs. Please accept this response on her behalf
regarding her position on these two applications of Brenwick.
We would normally be very concerned about the increased density and intense
land use resulting from your plans for increasing the number of single family dvvcllings
and introducing multi-family and commercial uses illto an area originally designed for
"estate" lots and homes on your east parcel, lying immediately to the east of our 38-acre
tract containing our home, the original farm house tor zdl of this land However, we are
pleased to support both of your applications for rezoning and replatting ofthese parcels
due to the offset of the increased density of the east parcel by the less intensive llse (a
clmrch) on the west parcel, and with assurances as to the four other/issues that\ve
discussed on March 5.
These four areas of concern are as follows:
1. The intensity and obtrusiveness of the Village street lighting on your east
parcel should be reduced, compared with your other Village lighting east
of Towne Road. All of the neighbors at the March 5 meeting had this
request as well. The Village lighting is the most objectionable feature of
West Clay.
2. The church to be located on your west parcel should be constructed with
the sarnearchitectural controls and quality as have your other Village
structures, and these should be a covenant on any subsequent purchasers
KRIEG DEVAULT ALElCANDER &- CAPEHART, LLP
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March 12,2002
Page 2
there. No subsequent replatting of the west parcel should be later made
to match the east parcel, which would similarly increase the density of
use.
J. Brenwick has done an outstanding job with its landscape plans, gardens
and screening \vithin and on the perimeter of all of West Clay; with the
exception of the plans we saw on March 5 for the boundary between
your east parcel and our property. We would request consideration of
some screening plantings along the boundary line of your east parcel and
our property. For example, the present plans call for only an alley
running parallel and very close to the old south driveway from our house
to 126111' Street. This would produce as many as 30 - 40 garages, each
'vvith three bays, facing our property (resulting in 120 garage doors)
without anything in betvveen. As \-ve discussed, if your design is so tight
that you need to use some of our property to provide screening plantings
or trees, that would be an acceptable arrangement.
4. Please make sure the retention pond planned for close proximity to our
house is built actually as displayed on March 5 on your amended plat, as
that is a key consideration for space and privacy,
As we stated on March 5. we believe Brenwick has produced a high quality,
unique development for the area and, with assurances on tbe above issues. we are
pleased to SUPPOL1 these changes which will enlarge the "historic Village" area.
:l~:~SlJ~
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cc: Secretary, Carmel-Clay Plan Commission
39 I 546_J.DOC
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BRENWICK
Mr. Jon Dobosiewicz
Department of Community Services
Ci ty of Carmel
Cannel, Indiana 46032
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March 8, 2002
Via Hand-Deliverv
RE: The Village of WestClay
Amendments to the Plan and Ordinance
Dear Jon:
Pursuant our appearance before the Plan Commission on March 19th regarding the filings on the
above, enclosed please find the following:
o Twenty-five copies of Information Packets for distribution to the Commission's
members,
o Proof of Publication of the three legal notices,
o copies of the retum receipts from the certified mailings sent to adjoiners,
o copy of the County Auditor's summary of adjoi ner' s.
Pursuant your note to me we have included in the packets copies of Z-330 indicating the
amendments proposed, as well as a copy of the document as amended. Thank you for your tune
and assistance with this filing. If there are any questions or cotmnents on the above, or the project
in general, please do not hesitate to contact me at 574.3400.
Sincerely,
BRENWICK DEVELOPMENT COMPANY, INC.
t:.....-"'~,->
'e Kreutz
cc Prc,j dent of Ope ratio n,
Enclosure
12821 E. New Markel SL. Suite 200 . Cmmel, Indiana 46032 .. 317.574.3400 · 317.574.3919 Fax
brenwick@brenwick.com h ltp: Ilwww.brenwick.com
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Urban Forester comments T AC Agenda for Feb. 20, 2002
Pier One Imports - Property is zoned B-3 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-1.
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,S 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 lUlderground 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.
Danbury Estates Plat vacation - No comments at this time.
~ernHlU~, Sublliv' ion - Have not received landscape nor open space plans yet.
Village of West Clay a dSection 5001 - Have been meeting with Park Pifer, landscape
. ector for Bre . ,on plans and comments
Claybourne Estates~ Section 1 - Have not received secondary plat and construction
landscape plans yet for review
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f,' ,RECEIVED,-
CARMEL/CLAY TECHNICAL ADVISOR.Y 6VltOUTTEE
I'"
AGENDA DOCS
~--
~
Date: February 20, 2002
Piace:Department of Commimity Services COlIlference Room
3rd Floor - Carmel City Hall
9'00 a m
9',)0 a m
9'40::J m
10'00 am
10'30 am
]1'00 (l. m
11 '20 ::J m
U '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-8lbusiness and is located
'Within the SR 431IKeystoneAvenue Overlay Zone.
Filed by Glenn 00150n,Jr., of Architecture + for Pier ,I 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 1-1lIndustrial (part) and B-lfBusiness (part).
Filed by Ryan McNeely of Design & Build Corp. for Miller Auto Care.
Forest Dale Elementary (Building Expalllsiolll & 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. Tbesite is zoned S-
2IResidnetial.
Filed by Jeff Bolinger ofFanning/Howey Associates, Inc. for Carmel/Clay Schools.
Danbury Estates Plat Vacation (plat Vacation)
Petitioner seeks to vacate a portion of the Danbury Estates Subdivision including Lots 24 through
32, andn portion of the right-of-way of Durham Drive and Dublin Drive. The site is generally
located a the southwest corner of the Danbury Estates Subdivision in the City of Cannel. The site is
zoned PUD arid R4 / Residence.
Filed by the Board of Commissioners of Hamilton County.
Western Hills Subdivision (primary Plat)
The applicant seeks approval to plat a 101-lot residential subdivision on 8O:J: acres. The site is
located on the southeast corner of West 14lSl Street and West Road. The site is zoned S-
1 !Residential.
Filed by Dennis Olmstead of Stoeppelwerth ~~Platinum Properties L.L.C.
Village of WestClay (Rezone an Primary Plat Amendm~nt) )
The site is located within the 'te is zoned POO/Planned Unit
Development.
Filed by Jose Krutz of Brenwick TND CommWlities, LLC.
Village of West Clay, Section 5001 (Secondary Plat & Revised Area Layout)
The site is located at the southeast corner of 131st Street and Towne Road within the Village of
West Clay. The site is zoned PUD/Planned 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 13151 Street and
on the south side of 13151 Street Y4 mile west of Shelbome Road. The site is zoned S-llResidence
- Estate.
~~ ?~n~~~~n(n}:: r'::a;3.-~..'~~' n F-~peHn(~ C:;~J,
naf~ no cornp:'-eii'iY r'::lcHiil(-jS
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Johnson, Sue E
Cc:
Subject:
Jay Alley [Jay@ctrwd.org]
Friday, February 15, 2002 11 :18 AM
riarrand@ccs.k12.in.us; DHill@cLcarmeLin.us; DJenkins@ci.carmel.in.us;
Ghoyt@cLcarmel.in.us; JKendall@ci.carmel.in.us; JLester@ci.carmel.in.us;
JPFoster@cLcarmel.in.us; MBrisco@ci.carmel.in.us; MFogarty@cLcarmel.in.us;
ParksProg rams@ci.carmel.in.us; PPace@ci.carmel.in.us; PWilliams@ci.carmel.in.us;
RAuler@ci.carmel.in.us; SJohnson@ci.carmel.in.us; WAkers@cLcarmel.in.us;
rmcclain@cinergy.com; thomas.ordway@cinergy.com; sprater@cmsenergy.com;
sjb@co.hamilton.in.us; stc@co.hamilton.in.us; joh n-south@iaswcd.org; rahendricks@in-hc-
lepe.org; tina.alexander@IWCR.com; jeff.s.rice@msg.ameritech.com;
tony .holmes@tweable.com; cshupperd@vectren.com
josek@brenwick.com; Candy Feltner; rlauritsen@slmaco.com
CTRWD February T AC Comments
From:
Sent:
To:
Hello everyone:
Following are CTRWD comments on the agenda items effecting our sanitary sewers or service area for the February 20
TAC meeting. Please feel free to copy and distribute this email or attach it to your meeting minutes.
Western Hills Subdivision L '\- D'L pfl
The District has not been provided with a copy of the plat and we will need to review the construction drawings when they
become available. Sewer service to the area of this project is dependent on the completion of the 126th Street
Interceptor which has not yet been constructed by the District but is under design.
Village of West Clay, Rezone & Primary Plat Amendment I 0 - D'2.. 'Z. I 11.. - O'l... ,,, Fl-,.:~
Copies should be provided to the District as it is not clear from the agenda which sections are effected.
Village of West Clay, Section 5001
17-01.. SP
The plans received by the District have been reviewed and approved by the District's engineering consultant and are
ready for submittal to IDEM for state construction permits. Building permits should NOT be issued unless the District has
issued connection permits.
Claybourne Estates Section 1 (Secondary Plat & Construction Plans)~-:! - C1. ~~
The plans received by the District have been reviewed and approved by the District's engineering consultant and have
been submitted to IDEM for state construction permits. Building permits should NOT be issued unless the District has
issued connection permits. In addition, sewer service will come from the 131 st Street Interceptor which has not been
constructed as yet; a joint right-of-way and easement acquisition process is underway subject to an agreement between
the District and Hamilton County.
Please remind all TAC applicants to provide plans directly to the District at our main office address at:
10701 N. College Avenue, Suite A, Indianapolis, IN 46280-1098.
If there are questions about the District's requirements, then please refer to our website for current information on the
District's construction specification and permit standards.
We are a member of the IUPPS underground locate network so call 1-800-382-5544 before you digl Please feel free to
contact me if you have questions or need additional information. Thanksl
Jay W. Alley, Utility Manager
Clay Township Regional Waste District
Hamilton County, IN, USA
http://www.ctrwd.org!
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One Civio Square
Carmer, IN 4E032
(317) 571~2417
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BRENWICK
February 6, 2002
Ms. Sue Ellen Johnson
City of Carmel
One Civic Square
Carmel, Indiana 46032
RE: Docket Numbers 10-02 Z, 11-02 Z and 12-02 P
Dear Sue Ellen,
Thank you for forwarding the docket numbers and fee schedule on the above filings to
us. In addition to the $3159.51 listed for the above three items, the enclosed check also
includes the fee for processing the Secondary Plat of Section 5001 of the Village of
WestClay, filed yesterday by Keith Lash. Thus, please find enclosed a check in the
amount of $3,859.91.
Thank you for your assistance on this, and all the many other items on the project that
have required your much appreciated assistance.
Sincerely,
BRENWICK DEVELOPMENT COMPANY, INC.
Enclosure (check 13517)
cc: Keith Lash
12821 E. New ~~arket St. Suite 200 .. Carmel, Indiana 46032 II 317.574.3400 II 317.574.3919 fax
brenwick@brenwick,com http://www.brenwick.com
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NWICK
January 23,2002
Mr. Jon Dobosiewicz
Department of Community Services
City of Carmel
One Civic Square
Cannel, Indiana 46032
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RE: Recent Filing on the Village of WestClay
Dear Jon:
This letter follows up our filing of a Change of Zoning Application and Primary Plat amendment
for the west real estate of the Village of WestClay. As you know, we are seeking approval on a
change to the land use that is permitted on portions of the west real estate (a change from the
cunent "Secondary Area" to "Primary Area "). The real estate subject to this change measures
54.283 acres. The fee for the rezone application I computed as follows:
Rezone fee: $700 + $35/acre * 54.283 acres == $2,599.91
and the fee for the Primary Plat amendment is:
Replat fee: $700 + $35/1ot * 187 lots
== $7,245.00
thus, enclosed please find one check in the amount of $9.844.91.
I am unsure what your fee structure is for processing the text amendments we have filed on the
ordinance, thus upon your determination, I will deliver a separate payment. We hope to appear at
the February 20, 2002, T.A.C. meeting, and to have a public hearing on our request at the March
18th Plan Commission meeting.
Sincerely,
C/~
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BRENWICK DEVELOPMENT COMPANY, L~c.
Enclosure
12821 E. New Market St. Suite 200 D Carmel, Indiana 46032 D 317.574.3400 D 3'17574.3919 Fax
brenwick@brenwick.com http://www.brenwick.com