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Home My WebLink AboutCorrespondence BAKER 41rDANIELS Est.1863 300 North Meridian Street,Suite 2700 Indianapolis,Indiana 46204.1782 317.237.0300 fax 317.237.1000 www.bakerdaniels.com Indiana Washington,D.C. China August 31,2004 Clarian Health Partners, Inc. Indianapolis, Indiana City of Cannel Redevelopment Commission Cannel, Indiana The Bank of New York Trust Company,N.A. Indianapolis, Indiana Nuveen High Yield Municipal Bond Fund Chicago, Illinois Nuveen Municipal High Income Opportunity Fund Chicago, Illinois Ladies and Gentlemen: We have acted as special counsel to Clarian Health Partners, Inc. (the "Company") in connection with the execution and delivery of the Guaranty (Taxpayer Agreement) dated August 31, 2004 (the "Guaranty"), by the Company in favor of the City of Carmel Redevelopment Commission(the"Commission"). We have examined (a) a certified transcript of proceedings relating to, among other things, the authorization, execution and delivery of the Guaranty; and (b) an opinion of the Senior Vice President and General Counsel for the Company(the"Company Counsel Opinion"), dated as of the date of this opinion letter. In giving our opinion relating to the Guaranty,we have assumed, with your permission, that each of the matters set forth in the Company Counsel Opinion is true, accurate and complete. We have considered such matters of law and fact and relied upon such certifications and other information furnished to us as we have deemed appropriate as a basis for our opinion set forth below, but we have made no independent investigation of the facts set forth in the documents presented to us. Clarian Health Partners, Inc. -2- August 31,2004 City of Carmel Redevelopment Commission The Bank of New York Trust Company,N.A. Nuveen High Yield Municipal Bond Fund Nuveen Municipal High Income Opportunity Fund Based upon the foregoing and subject to the limitations, qualifications, exceptions and assumptions set forth herein, we are of the opinion that the Guaranty has been duly authorized, executed and delivered by the Company and constitutes a valid and binding agreement, enforceable against the Company in accordance with its terms. We advise you that certain waivers, agreements or remedies contained in the Guaranty may be of limited efficacy, unavailable and/or unenforceable, but that the same will not affect the overall validity of the Guaranty and, in our judgment, should not interfere with the substantial realization by you of the principal benefits purported to be provided to you under the Guaranty. It is to be understood that the enforceability of the Guaranty may be limited by any applicable bankruptcy, reorganization, moratorium, liquidation,readjustment of debt, insolvency or other laws affecting creditors' rights and remedies and may be subject to the exercise of judicial discretion in accordance with general principles of equity. We express no opinion whatsoever on the validity or enforceability of any document other than the Guaranty. We express no opinions except as specifically set forth in this Opinion Letter. Our opinion is set forth as of the date of this Opinion Letter, and we disclaim any obligation or responsibility to update or supplement this Opinion Letter in response to subsequent changes in the law or future events affecting the transactions contemplated by the Guaranty. This Opinion Letter is being furnished only to you in connection with the transactions contemplated by the Guaranty and is solely for your benefit and is not to be relied upon by any other person or entity for any purpose without our prior written consent. Very truly yours, 11414f.tf aJ. IN IM AN 1759889v5 The Bank of New York -2- August 31, 2004 Trust Company,N.A. City of Carmel Redevelopment Commission Baker&Daniels Nuveen High Yield Municipal Bond Fund Nuveen Municipal High Income Opportunity Fund On the basis of the foregoing,I am of the opinion that: 1. The Company is an Indiana nonprofit corporation, validly existing and authorized to transact business in the State of Indiana. The Company has full power to conduct the business now being conducted by it, and to execute,deliver, carry out and perform its obligations under the Financing Documents. 2. The Financing Documents have been duly authorized, executed and delivered by the Company. 3. The execution and delivery of the Financing Documents and the performance by the Company of its obligations thereunder do not violate the Articles of Incorporation or Bylaws of the Company and,to my knowledge, after due inquiry, such actions do not and will not constitute a default under any agreement, indenture, mortgage, deed of trust, lease, note, loan agreement or other obligation or instrument to which the Company is a party or by which the Company or any of its property is bound, or, to my knowledge, any order, rule or regulation, writ, injunction or decree applicable to the Company of any government, governmental instrumentality or court, domestic or foreign,having jurisdiction over the Company. 4. To my knowledge, no consent, authorization or approval is required to be obtained from any governmental authority or any other party in connection with the execution of the Financing Documents by the Company and the performance of the obligations therein. 5. To my knowledge,there is no litigation pending or threatened restraining or enjoining or in any manner questioning or affecting any one or more of the matters referred to in this opinion. Very truly yours, Norman G. Tabler,Jr. �l INIMANI 759886v4 Clarian Hea !1 Methodist•IU•Rilelth Y Norman G.Tabler,Jr. Corporate Affairs,Office of Senior Vice President& General Counsel August 31, 2004 The Bank of New York City of Carmel Redevelopment Commission Trust Company,N.A. Carmel, Indiana Indianapolis,Indiana Baker&Daniels Nuveen High Yield Municipal Bond Fund Indianapolis, Indiana Chicago, Illinois Nuveen Municipal High Income Opportunity Fund Chicago,Illinois Ladies and Gentlemen: I do hereby certify that I am Senior Vice President and General Counsel for Clarian Health Partners, Inc. (the "Company") and have represented the Company in connection with the authorization, execution and delivery of certain Financing Documents (as hereinafter defined) and the transactions contemplated thereby. I have examined (a) executed copies of(i)the Master Agreement dated August 31, 2004, by and between the City of Cannel Redevelopment Commission (the "Commission") and the Company, (ii)the Guaranty (Taxpayer Agreement) dated August 31, 2004, by the Company in favor of the Commission, (iii)the Agreement Not to Appeal Assessed Value dated August 31, 2004, by and between the Commission and the Company, (iv)the Agreement to Make Payments in Lieu of Taxes dated August 31, 2004, by and between the Commission and the Company, (v)the Agreement Regarding Demolition or Reuse Upon Cessation of Operation dated August 31, 2004, by and between the Commission and the Company, and (vi)the Agreement Not to Remonstrate dated August 31, 2004, by and between the Commission and the Company (collectively,the "Financing Documents"); (b)copies of the resolutions of the Board of Directors of the Company authorizing, among other things, the execution and delivery of the Financing Documents; (c)the Articles of Incorporation and the Bylaws of the Company; and (d) a Certificate of Existence for the Company, dated August 30, 2004, issued by the State of Indiana Office of the Secretary of State. Clarian Health Partners, Inc. 1-65 at 21"Street 317 962-3306 office P.O. Box 1367 317 962-6270 fax Indianapolis, Indiana ntabler@clarian.org 46206-1367 INIMANI 759886v4 7 1 C H ( Methodistlarian •IU•Rileealthy Government Affairs /Q 3CFj�F� Opel?aai s October 23, 2003 Mike Hollibaugh 1 Civic Square Carmel, IN 46032 Dear Mike: It is a pleasure to share with you the enclosed newsletter, a document created to update Clarian Health leadership on the progress at the Clarian North Medical Center site—and one I thought you would be interested in reading as well. This newsletter is distributed to key leaders internally every month. It contains high-level updates on construction status, MBE/WBE participation, contracting, safety and next steps. I hope you find this to be a valuable insight into the massive effort involved in building a hospital and medical office building from the ground up. Clarian North Medical Center will be a real jewel in Carmel's crown: a source of outstanding specialty health care for men, women and children; an employer offering highly skilled, high paying jobs; a major contributor to the continued economic development of Carmel and a beautiful addition to the cityscape. Following this introductory edition of the newsletter, you'll be added to the regular monthly distribution list and continue to receive it directly. I will also include you in distribution of a more community-based quarterly newsletter that is expected to begin production late this year. Please feel free to call me if you have any questions. I can be reached at 962-3193. Best regards, v�t-1 er„.,6 r e ruce . Melchert (.4+t�� G i�; Clarian Health Partners,Inc. 1-65 at 21st Street 317 962-3193 office P.O.Box 1367 317 962-2276 fax Indianapolis,Indiana www.clarian.com 46206-1367 2. The Municipal Corporation requests the Board of Commissioners of Hamilton County to approve the Interlocal Agreement and to return a fully executed copy of said Agreement to the Municipal Corporation for its files. PASSED by the Common Council of the Municipal Corporation this day of , 2003, by a vote of yeas and nays. Yea Nay Presiding Officer Kevin Kirby Luci Snyder, President Pro Tempore John R. Koven Robert Battreall N. C. Rundle Ronald E. Carter Wayne Wilson ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer F:\USERS\FORMS\Road Maintenance-Approval Transfer Resolution.doc INIMAN2 779012v2 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL WITNESS THAT: WHEREAS, Clarian Health Partners, Inc., as Developer, and the previous owners of the subject real estate have petitioned the City of Carmel (hereinafter referred to as the "Municipal Corporation")for the annexation of the real estate described on Exhibit A attached hereto(the"Real Estate") and adjacent streets, and has requested authority to construct certain public infrastructure within and adjacent to such real estate, pursuant to the standards imposed by the Municipal Corporation; and WHEREAS,there is a pending annexation by the Municipal Corporation which includes the Real Estate; and WHEREAS, the Board of Commissioners of Hamilton County on the 25th day September, 2000, approved Resolution 09-25-00-03 to establish a procedure for cities and towns to approve, inspect, and maintain public infrastructure within and adjacent to real estate even though the real estate may not yet be annexed into the city or town; and WHEREAS, Indiana Code 36-1-7 allows units of government to enter into interlocal agreements under such terms and conditions as said units deem advisable. IT IS THEREBY RESOLVED by the Common Council of the Municipal Corporation as follows: 1. That the Interlocal Agreement which is attached hereto is hereby approved. INIMAN2 779012v2 approve the Interlocal Agreement and to return a fully executed copy of said Agreement to the Board of Commissioners of Hamilton County for its files. ALL OF WHICH IS RESOLVED by the Board of County Commissioners this day of , 2003. Yea Nay ATTEST: Robin M. Mills, Auditor F:\USERS\FORMS\Road Maintenance-Approval Transfer Resolution.doc INIMAN2 779018v1 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COMMISSIONERS OF HAMILTON COUNTY WITNESS THAT: WHEREAS, Clarian Health Partners, Inc., as Developer, and the previous owners of the subject real estate have petitioned the City of Carmel (hereinafter referred to as the "Municipal Corporation") for annexation of the real estate described on Exhibit A attached hereto (the "Real Estate") and adjacent streets, and has requested authority to construct certain public infrastructure within and adjacent to such real estate, pursuant to the standards imposed by the Municipal Corporation; and WHEREAS,There is a pending annexation by the Municipal Corporation which includes the Real Estate; and WHEREAS, the Board of Commissioners of Hamilton County on the 25th day September, 2000, approved Resolution 09-25-00-03 to establish a procedure for cities and towns to approve, inspect, and maintain public infrastructure within and adjacent to real estate even though the real estate may not yet be annexed into the city or town; and WHEREAS, Indiana Code 36-1-7 allows units of government to enter into interlocal agreements under such terms and conditions as said units deem advisable. IT IS THEREBY RESOLVED by the Board of Commissioners of Hamilton County as follows: 1. That the Interlocal Agreement which is attached hereto is hereby approved. 2. The Board of Commissioners of Hamilton County requests the Municipal Corporation to INIMAN2 779018v1 CLARIAN HEALTH PARTNERS, INC. Dated: (Developer) By: Printed: Its: Title Dated: By: Municipal Corporation,Presiding Officer ATTEST: By: Clerk-Treasurer Dated: BOARD OF COMMISSIONERS OF HAMILTON COUNTY Steven A. Holt Steven C. Dillinger Christine Altman ATTEST: Robin M. Mills, Auditor INIMAN2 779022v1 Mr j. Establishment of all traffic controls on the Real Estate streets and the adjacent streets (other than at the intersection of Spring Mill Road and 116th Street unless otherwise approved by the Hamilton County Highway Department) unless otherwise covered by Interlocal Agreements. k. The maintenance of all Infrastructure and Traffic control contained in the Real Estate and the adjacent streets(other than at the intersection of Spring Mill Road and 116th Street unless otherwise approved by the Hamilton County Highway Department). 3. The duties of the Municipal Corporation set out above shall continue from the date of the approval of the this Agreement in perpetuity, whether or not the Real Estate is ever annexed by the Municipal Corporation. 4. The Municipal Corporation is entitled to claim all road mileage within the Real Estate as part of its road inventory and to receive any State or Federal funds resulting therefrom. 5. Hamilton County will waive all Highway Department review fees and permit fees for work covered above except for bridge plan review fees. 6. The Developer, by his signature hereto, acknowledges the terms and conditions of this Agreement. ALL OF WHICH IS AGREED on the dates set out herein. INIMAN2 779022v1 Wr (with a twenty (20) foot or greater span) as required by the Hamilton County Highway Department to accommodate the traffic from the Real Estate. e. Not allowing the Developer to locate an entrance or decel or accel taper within two hundred (200) feet of an existing bridge (measured from the existing abutment) unless otherwise approved by the Hamilton County Highway Department. f. The negotiation of any exactions for offsite road improvements for the Project (other than for offsite road improvements at the intersection of Spring Mill Road and 116th Street unless otherwise approved by the Hamilton County Highway Department). g. The inspection of the construction of all of the Infrastructure with an engineer certified statement of construction that any bridges (with a twenty (20) foot or greater span) have been constructed in accordance with the plans and specifications approved by the Hamilton County Highway Department. h. The acceptance, holding, and release of all performance, and/or maintenance, bonds required by the Ordinances of the Municipal Corporation for the Infrastructure. i. The permitting of all activities within the right of way of the Real Estate and adjacent streets (other than at the intersection of Spring Mill Road and 116th Street unless otherwise approved by the Hamilton County Highway Department) for the Developer,utilities,and any other entity requesting to do work or locate in the right of way. INIMAN2 779022v1 1. The Municipal Corporation requests that the Board of Commissioners of Hamilton County and the Hamilton County Highway Department approve the Project and agrees to undertake the duties set out herein. 2. The Municipal Corporation agrees,from the date of the approval of this Agreement to be responsible for the following: a. The approval of design of all streets, storm drainage, and other public infrastructure within the easements and public right of way of the Real Estate and adjacent existing streets to the area to be annexed (other than outlets into or improvements to regulated drains or bridges with spans of twenty (20) feet or greater and improvements at the intersection of Spring Mill Road and 116t Street unless otherwise approved by the Hamilton County Highway Department) (hereinafter referred to as the "Infrastructure"). b. Require the dedication of sufficient right of way, non-access easements and drainage and utility easements to construct the infrastructure and in accordance with the appropriate Thoroughfare Plan. c. Require the Developer to get approved construction plans,right of way plans,and construction specifications from the Hamilton County Highway Department for any bridge structure with a twenty(20)feet or greater span being constructed or modified prior to approving any construction or plats which may require additional right of way. These plans shall be separate from the road and other infrastructure plans. d. Require reasonable improvements from the Developer of any existing bridge INIMAN2 779022v1 SEQ 1IINF 2 �a INTERLOCAL AGREEMENT TO TRANSFER THE APPROVAL AND °DCS MAINTENANCE OF CERTAIN INFRASTRUCTURE FROM HAMILTON COUNTY TO A MUNICIPALITY THIS AGREEMENT shall be effective upon execution by the City of Carmel, Indiana (hereinafter referred to as the"Municipal Corporation")and Hamilton County,Indiana, (hereinafter referred to as the "County"); WITNESS THAT: WHEREAS, Clarian Health Partners,Inc. (hereinafter referred to as the "Developer")is the current owner and developer of approximately one hundred seven (107) acres of real estate (the "Real Estate")at or near the intersection of U. S. 31 (Meridian Street)and 116th Street and known as tax mapping parcels 17-09-35-00-00-041.000, 17-09-35-00-00-042.000 and 17-09-35-00-00-040.000 and as evidenced by the deeds recorded as instrument numbers 200300092212,200300092213,and 200300092214, all in the Office of the Recorder of Hamilton County, Indiana, and has concluded procedures for the approval of the Clarian North Hospital Campus (hereinafter referred to as the "Project"); and WHEREAS,the Developer and the previous owners of the Real Estate have filed a request to annex the Real Estate with the Municipal Corporation and there is a pending annexation by the Municipal Corporation which includes the Real Estate in a form which is acceptable to the Municipal Corporation; and, WHEREAS, the Municipal Corporation has agreed to approve the design and to undertake maintenance of the streets, surface water, drainage, and other public infrastructure within the dedicated rights of way and easements of the Real Estate and adjacent existing streets; and, IT IS THEREBY AGREED by the Municipal Corporation and the County as follows: INIMAN2 779022v1 Mr. Michael Howard Ms. Sue Beasley -2- September 25, 2003 Thank you for your attention to this matter. Your cooperation is greatly appreciated. Sincerely, "if 7. orJoseph M. Sci a JMS:msr Enclosure cc: Ms. Luci Snyder (w/enclosures) Ms. Kate Weese (w/enclosures) Mr. Mike Hollibaugh (w/enclosures) Mr. Steve Broermann (w/enclosures) Mr. Norman Tabler (w/enclosures) (via facsimile) Mr. Rich Couturier (w/enclosures) Mr. Doug Haney (w/enclosures) Mr. Steven A. Holt (w/enclosures) INIMAN2 778995v1 BAKER DANIELS Est.1863 600 E.96th Street,Suite 600 Indianapolis,Indiana 46240 317.569.9600 Fax 317.569.4800 www.bakerdaniels.com JOSEPH M.SCIMIA Indiana 317.569.4680 Washington,D.C. joseph.scimia@bakerd.com China September 25, 2003 VIA FACSIMILE 1'/p 1/VF 0 Mr. Michael Howard DOc Attorney at Law 694 Logan Street Noblesville, Indiana 46060 Ms. Sue Beasley Bingham McHale 10 West Market Street Suite 2700 Indianapolis, Indiana 46204 Re: Clarian Health Partners, Inc. Dear Mike and Sue: This firm represents Clarian Health Partners, Inc. in connection with its development of the Clarian North Hospital Campus at the intersection of 116th Street and Meridian Street (U.S. 31) in Hamilton County, Indiana. As you may be aware, the proposed development affects approximately 107 acres and is currently the subject of a pending annexation proceeding by the City of Carmel. The City of Carmel Redevelopment Commission and Clarian Health Partners, Inc. entered into an Economic Development Agreement which provides for the construction of certain public infrastructure improvements within the proposed development and adjacent streets. I have been informed that the Hamilton County Highway Department ("HCHD") has requested that an Interlocal Agreement be executed between the County and the City with respect to the proposed public infrastructure improvements. Enclosed is a proposed Interlocal Agreement to transfer the approval and maintenance of certain infrastructure from Hamilton County to the City of Carmel and proposed Resolutions of the Common Council of the City of Carmel and the Board of Commissioners of Hamilton County approving the proposed Interlocal Agreement for your review and comment. Our client is requesting that the City of Carmel Common Council and the Board of Commissioners of Hamilton County approve the proposed Interlocal Agreement at their next meeting. Your assistance in seeing that the Interlocal Agreement is placed on the respective agendas of the next meeting of the City of Carmel Common Council and the Board of Commissioners of Hamilton County would be greatly appreciated. Representatives of Clarian Health Partners, Inc. will gladly meet with the appropriate officials and/or their counsel and attend any meetings which are necessary or appropriate. Please contact me at your earliest convenience to discuss the proposed Interlocal Agreement and adoption process, as well as any other questions that you may have. INIMAN2 778995v1 subordinate to the proposed ground lease to Clarian North LLC, and (b) subject and subordinate to any construction financing, the proceeds of which are used to improve the Area 1 parcel. 4. Commitment by the City relating to TIF bonds. a. City proposes to limit use to the following: (i) all improvements to existing 116th Street from the western right-of-way line of Meridian Street (S.R. 31) up to and including the Spring Mill Road intersection; (ii) extension of Illinois Street and related improvements (including, without limitation, drainage, center median area, etc.) north of 116th Street and ending at the woods, but solely to the extent that the Illinois Street extension extends beyond or costs more than the drive that Clarian would have installed in any event. 1 S P (iii) construction of two roundabouts on 116th Street; and GQ��Ij Mextension of Illinois Street and related improvements south of 116th Street for five hundred feet. b. City further proposes that Clarian guarantee a stream of $1.3 million in taxes annually for the life of a 20 year bond issue. }u c. Clarian's attorneys would recommend that Clarian agree to guarantee a $1.1 �,,,,t1"L'� .�-„OP million TIF stream rather than $1.3 million, and that the proceed be used as proposed l 'M tree,' by the City in 4. a. above, except -0 of the-appraied lrelAvj , a costs o t e road improvements themselves. 5. City proposes that Clarian provide the City with a "final plan" for the development of the land west of Illinois Street. a. Clarian's attorneys feel that it has provided as much information as can be provided at this time, and would recommend that Clarian not concur with the requirement. 6. City proposes that the City construct the 116th Street and Illinois Street improvements. a. Clarian's attorneys would recommend that (i) the City construct all improvements to 116th Street and Illinois Street South, but on the condition that the plans and specifications for such improvements are approved by Clarian (or meet the specifications that have been recommended by ACE and A&F Engineering) and that such improvements are substantially completed by July 1 , 2005, and (ii) Clarian construct all improvements to Illinois Street North. TAP:clw (nets) -erg- w •- , e Nore4.9 t,7 PLC c- C-- L 2 INIMANI 676017v1 p BAKER DA.NI. EI.JS Est. 1863 300 North Meridian Street,Suite 2700 Indianapolis,Indiana 46204-1782 317.237.0300 Fax 317.237.1000 www.bakerdaniels.com Indiana Washington,D.C. China THOMAS A.PITMAN 317.237.1149 thomas.pitman@bakerd.com CONFIDENTIAL MEMORANDUM TO: City of Carmel FROM: Joe Scimia and Tom Pitman — Baker & Daniels DATE: June 25, 2003 RE: List of Remaining Issues Relating to Clarian North Discussions between representatives of the City of Carmel and Clarian Health Partners at a meeting on June 25 resuited in the following list of all remaining discussion points relating to the Clarian North project. We must in all candor make the City aware that we have advised Clarian that we believe the City's demands are unprecedented and cause us to seriously question the City's support of the project in general. Nevertheless, in the interest of substantially meeting the City's demands (however extreme they appear to us to be), we would propose to advise Clarian in accordance with the following. 1. Commitment of Clarian to make payments in lieu of taxes to the City if Clarian's status were to change in a way that would otherwise exempt the Area 1-A parcel (i.e., the 60-acre initial development) from the payment of property taxes. a. The City asked for a 100 year commitment. b. Clarian's attorneys would recommend that Clarian accept this proposal for a period of 40 years. 2. Commitment of Clarian that if Clarian ceases operations at the Carmel facilities on the Area 1-A parcel, it will either demolish the facilities or provide for their reuse. a. Clarian's attorneys would recommend to Clarian that it accept this proposal, but with the condition that the cessation of operations be for a period of at least two years before Clarian's obligations arise. 3. Commitment of Clarian to provide security for commitments in numbers 1 and 2 above. a. Clarian's attorneys would recommend to Clarian that it provide such security in the form of a mortgage on the fee, provided that the mortgage is (a) subject and BAKERtDANIELS I Est 1863 300 North Mendlan Street, Suite 2700 Indianapolis, Indiana ~6204-1782 317,2370300 Fax 317.237.1000 www,bakcrdanlels,com SCOTT E. PECK 317-237-1075 scott.peck@bakerd.com Indiana Washington, DC . ellilla June 24,2003 VIA FEDERAL EXPRESS . -9/,' '4 % <./) '(Iy vF ...x., .., /;i/ A ':;-:J' 1(.... Va ":I, ,a V '~i!i> Michael Hollibaugh, Director Department of Community Services One Civic Square Carmel, Indiana 46032 'I. ' \. , -- Re: Petition for Annexation into the City of Carmel Dear Mr. Hollibaugh: Pursuant to the City of Carmel's requirements for voluntary annexation into the City, this letter is being filed with your office in connection with the proposed voluntary annexation referred to in the enclosed petition. Enclosed with this letter is a surveyed drawing of the land requested to be annexed and, for your reference, a copy of the petition that is intended to be filed with the City. Please provide any comments that you may have on the proposed annexation to the undersigned, by no later than the end of the business day on July 9, 2003. Very tml y yours, 5uftL";JL Scott E. Peck, Baker & Daniels SEP/jes Enclosures cc: Can-ie Gallagher (w/o enclosures, via facsimile) Zeff Weiss, Esq. (w/o enclosures, via facsimile) Joseph Scimia, Esq. (w/o enclosures) INIMAN1 675784vl i; .,. Counterpart No.1 v;% f<' -<<:1 ~ 'O-,'l :J fl. <2 ';;f' <S' ~~~~ PETITION FOR i\.NNEXATION INTO THE CITY OF CARMEL TO: THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA , , "'~:"'- .-:.. / . We, the undersigned corporations, jointly belIlg the owners of one hundred percent (l 00%) of the land descri bed in Schedule A attached hereto and made a part hereof, which land is contiguous (as defined in Indiana Code 36-4-3-1.5) to the City of Cannel, Indiana (the "City"), hereby respectfully request that an ordinance annexing such land into the City be adopted as promptly as possible by the Common Council of the CIty pursuant to and in accordance with the procedures provided in Indiana Code 36-4-3, as amended (the "Act"). Each of the undersigned reserves the right to withdraw their respective consent to this voluntary petition for annexation into the City (and the land owned by the undersigned) pursuant to and in accordance with the provisions of the Act in the event the land described in Schedule A hereto is not acquired by CJarian Health Partners, Inc., or an affiliated entity thereof, by the date the Common Council of the City adopts its fiscal plan for the proposed annexation. This petition may be circulated in several counterparts, and all such counterparts together are to be considered as constiluting Olle petition. Name Address Township Where Taxable Reut Property Located 1. Clay 2. Clay 3641 Brumley Way Canne.l, IN 46033 INDY J 179520v] VERIFYING AFFIDA VIT STATE OF INDIANA ) ) SS: ) COUNTY OF MARION Zeff A. Weiss, being first duly sworn upon his/her oath, deposes and says: He is a duly authorized agent of Valley Development Co., Inc., which is an owner of taxable real estate property located within the boundaries of HamiJton County, Indiana, and has signed the counterpart indicated below on the line shown below of a petition addressed to the Common Council of the City of Carmel, Indiana (the "City") requesting such Common Council to adopt an ordinance annexing the land owned by said corporation signing such counterpart, all in accordance with the provisions of Indiana Code 36-4-3, as amended. All signatures appearing on the attached countcrpm1 were affixed in his presence and are the true and lawful signatures of the persons signing this counterpart of this petition. Counterpart No. 1 Line No. I 55 (Printed Name) Subscribed and sworn to before me, a Notary Public, in and for the State of Indiana, this 1'1 day of June, 2003. (Seal) i'?vJG:J~Jo~ Notary Public .J L{J OJ,.. xL DU~1 I Kl-{J (Printed Name) My Commission Expires: () - (J ;). , v( I am a resident of MO-....J Q~.._DJJYnt y, lndi ana ...... INDY] ] 79520v I VERIFYING AFFIDA VIT STATE OF INDIANA ) ) SS: ) COUNTY OF MARION Zcff A. Weiss, being first duly sworn upon his/her oath, deposes and says: Hcis a duly authorized agent of NRC Corp., which is an owner of taxable real eslale property located within the boundaries of Hamilton County, Indiana, and has signed the counterpart indicated below on the line shown below of a petition addressed to the Common Council of the City of Carmel, Indiana (the "City") requesting such Common Council to adopt an ordinance annexing the land owned by said corporation signing such counterpart, all in accordance with the provisions of Indiana Code 36-4-3, as amended. All signatures appearing on the attached counterpart were affixed iIi his presence and are the tme and lawful signatures of the persons signing this counterpart of this petition, Counterpart No. 1 Line No.2 (Printed Name) Subscribed and swam to before me, a Notary Public, In and for the State of Indiana, this 11 day of .Tune, 2003. ~~ Notary Public (Seal) j cA. J QV) Abu- /YI r9-jO (Printed Name) My Commission Expires: {I-(j J-rO"l I am a resident of ~j~ounty, Indiana INDY I] 79520v J TOWN ic,PSSROoio 1Cp CLAY TOWNSHIP OF HAMILTON COUNTY Qp� 10701 North College • Indianapolis,Indiana 46280-1089 • (317)846-2773 • Fax(317)846-0744 • Emaildaytwp@indy.net FRNW FST 1 a33 May 8, 2003 Trustee A Judith E Hagan 17,c- n Mike Hollibaugh, Director of Community Services Board Members Plan Commission Members Paul K.Bolin James C.Dillon Mary Eckard Dear Mike and Plan Commission Members, 1 am writing in regard to the Clarian PUD under consideration by the Plan Commission to express my dismay that neither the petitioner, remonstrating neighbors or Plan Commission members seem to be using the land use map and text of the 2020 Vision Comprehensive Plan as the framework for consideration of the Clarian PUD. A little history is in order. The 1985 Comprehensive Plan was amended in 1988 after six months of study by the Plan Commission and City Council to"define specific objectives and policies to secure the continuation of Spring Mill Road as a residential corridor." Objective Number One was"to maintain the residential nature and integrity of Spring Mill Road from 96th St. to 146a'Street." Policy Number One stated that"Development shall maintain and enhance the residential nature of Spring Mill Road from the western boundary of the U.S. 31 Corridor to Spring Mill Road." Additional Objectives and Policies addressed the existing vegetation and trees, and minimizing traffic growth on Spring Mill Road. The 1991 Comprehensive Plan incorporated the same language. The 20/20 Vision Comprehensive Plan of 1996 incorporated the same policies into its Land Use Map and Thoroughfare Recommendations on pages 5-5, 5-6, 5-7, 6-10, and 6-11. The directives of the City Council regarding the location of Illinois Street continued and confirmed the policies in their Memorandum of July 13, 2001. This proposal is not consistent with the Comprehensive Plan. In fact, a hospital, profit or non-profit, is hardly the"special destination environment"contemplated over the years for this site. The Clarian PUD is entirely speculative and will ensure that no residential ever gets built on this site. The three undeveloped corners of Spring Mill Road become the next targets. The Spring Mill Road Amendment has been the guideline for development, both commercial in the western U.S. 31 Corridor and residential along Spring Mill Road, since 1988. Spring Mill Road is one of the premier residential streets in our community and the greater Indianapolis northside and is residential in its entirety. Why is the Comprehensive Plan not first and foremost in this discussion? incerely, udith F. Hagan cc: Jim Brainard Schedule A Legal Description NRC Corp./East Parcel Part of the East Half of the Southwest Quarter of Section 35, Township 18 N0l1h, Range 3 East in Hamilton County, Indiana, more particularly desclibed as follows: Beginning at the Southwest comer of the East Half of the Southwest Quarter of Section 35, Township 18 North, Range 3 East; thence North 00 degrees 02 minutes 54 seconds West (assumed bearing) on and along the West line thereof, 2626.63 feet to the N0I1hwest comer of the East Half of said Southwest Qualter; thence North 88 degrees 45 minutes 10 seconds East on and along the North line of said Southwest Quatter 451.80 feet to the West right of way line of U.S. Highway #31, as located by lS.H.C. plans for Project F-222(9), dated 1968; thence South 00 degrees 05 minutes 35 seconds East on and along said West right of way line 2548.86 feet; thence South 59 degrees 23 minutes 02 seconds West 122.27 feet; thence South 01 degrees 27 minutes 30 seconds East 16.50 feet to the South line of said Southwest Quarter; thence South 88 degrees 32 minutes 30 seconds West on and along said South line 348.93 feet to the Beginning Point; containing 27.178 acres, more or less. Valley Development Co., Inc./West Parcel The West Half of the Southwest QuarteT of Section 35, Township] 8 North, Range 3 East, in Hamilton County, Indiana, containing 80 net acres, more or less. INDY 1179520v1 u u One Civic SqU'aie CannEl, IN 46J32 (317) 571-2417 Fax: ('317) 571-2426 Re: ;;1'1-.1'3 Z!-3.0- 03 j)p/e{J.~\ ce, From:5oY\ Vobo:s/C'. U)I'C 2- Fag-..s: , lo + Co ~ r Date: 3 -d) 7 - 03 To~ "10 <)pph . 5 C I'j')\ ~ CL Fax: ~~:j 7 - I 000 Phone: o Urgent o For Review o Ple3Sa Comment 0 Please Reply o Please Rei:yc[e u tJ ~,,}~~~,,~.~~t~~!';;-~"::~~'4?~ ~~~~ ~~~~E'~ ~:".::'~" ~:j ,,' .~ITY' QF 8ARM&Ii."\. :; ,.::.J . *' : s.~Q~~:b,;:nttofi't~~mu~itY.;s~~i~eSi~::', ; ~}r~~'~;. ~\ .~?:: ;:;(?;..t.~:~'i;. .l~: ~-'O 'lj'.~~~I.;' .:. ". '''~L-: . c:_!7"',~i~';". ~~~~' One Civic S'iuare Carmel, IN 4&J32 (317) 571-2.4H Fax: (31 T) 571-2426 / TO'CjM ~ Fax: ~~ <t-/'f(OV Phone: Fro",:~ Pages~ Lj ~. C-t:J-rJ<' A Date: <:-? -/ 0 ~O ~ Re~ CC~ o Urgent o For Review o P,Jease Comment 0 Please Reply o Please Rec}'(:le j7~ " ~3-/P-0'3 U BAKER & DANIELS U EST. 1863 96TH STREET OFFICE 600 E. 96TH STREET, SUITE 600 . INDIANAPOLIS, INDIANA 46240 . (317) 569-9600 . FAX (317) 569-4800 . www.bakc,daniels.com February 19,2003 ~ RF:CfIVED ~~n 19 1 rtu ,-, I DOCS INDIANAPOLIS FORT WAYNE SOUTH BEND ELKHART WASHINGTON, D.C. QINGDAO, P.R. CHINA JOSEPH M. SCIMIA DIRECT (317) 569-4660 (JIR.E:CT FAX l'::317, 237-B580 a-mail: jmse,mia@bakerd.com Mr. Jon Dobosiewicz City of Carmel Department of Community Services One Civic Square Carmel, IN 46032 Re: 29-03 Z Clarian North Hospital PUD (Rezone) 30-03 DP! ADtS Clarian North Hospital Dear Mr. Dobosiewicz: On behalf of our client, Clarian Health Partners, Inc. ("Clarian"), we request that the above-referenced petitions be placed on the Special Studies Committee Agenda of Tuesday, March 4, 2003, allowing Clarian representatives to introduce the project to the Committee. Due to the large scope of the project, we believe this introduction would be beneficial to the members of the Committee. With this introduction, we are not asking the Committee to render any decisions or take part in any discussions that should occur in the forum of the publ ic hearing before the Plan Commission. Informational packets on the project will be provided to your office no later than Noon on Friday, Febmary 21, 2003, for distribution to the Special Studies Committee members. Should you have any questions regarding this matter, please do not hesitate to contact me at (317) 569-4680. re:" ~iaff INIMAN2715371v] .. )~ Pattynf Dawn E From; Sent: To: Subject: Dobosiewicz, Jon C Tuesday, February 18, 20032:12 PM pattyn, Dawn E FW: February 19 Carmel/Clay TAG Agenda Dawn, Could you please copy this to all identified files They are all on the cart next to connies desk. Thanks," Jon -----Original Message----- From: ~~dy Kern [mailto:Andy.Kern@ctrwd.org] Sent: Tuesday, February 18, 2003 1:56 PM To: rfarrand@ccs.k12.in.usi AKeeling@ci.carmel.in.us; CTingley@ci.carmel.in.usi DHill@ci.carmel.in.USi DPattyn@ci.carmel.in.usi Ghoyt@ci.carmel.in.usi GStahl@ci.carmel.in.usi JBlanchard@ci.carmel.in.usi JDobosiewicz@ci.carmel.in.us; JFahey@ci.carmel.in.us; JKendall@ci.carmel.in.usi JPFoster@ci.carmel.in.usi KHahn@ci.carmel.in.usi LLillig@ci.carmel.in.us; MFogarty@ci.carmel.in.usi MHollibaugh@ci.carmel.in.usi MMcBride@ci.carmel.in.us; MSnyder@ci.carmel.in.us; PMorrissey@ci.carmel.in.us; PPace@ci.carmel.in.us; RHancock@ci.carmel.in.usi SBrewer@ci.carmel.in.us; slillard@ci.carmel.in.usi WAkers@ci.carmel.in.us; Dean.Groves@Cinergy.COM; sprater@cmsenergy.com; sjb@co.hamilton.in.us; stc@co.hamilton.in.usi Jay Alley; john-south@iaswcd.org; jeffry.farmer@timewarnercable.coffii tskolak@usps.gov; CShupperd@vectren.com Subject: Re: February 19 Carmel/Clay TAC Agenda Hello everyone: FOllowing are CTRWD comments on the agenda items effecting our sanitary sewers or service area for the February 19( 2003 TAC meeting. Please feel free to copy and distribute this email or attach i~ to your meeting minutes. We have also created a new page on our website linked to the "Construction" page where we have posted all CTRWD TAC comments from 2001 and 2002 meetings held to date. We will continue to add to this page every month so please let everyone know they can view our comments online now too. Westwood Estates (Secondary Plat and Construction Plans) The District has received the plans for this project. forwarded to IDEM for permit approval. These plans have been reviewed and The Anderson Corporation (Primary Plat) The plans received by the District need to be revised to show labeled sewer profiles and manhole, lateral and bedding details which are in accordance with District specifications. The plans also need show ~he most recent version of the District specifications. Revised plans need to be submitted. An IDEM permit will be required and the submittal packet should be sent to the District for review. The District will then submit the project to IDEM for permit approval. A preconstruct ion meeting will need to be held before the construction of the proposed sanitary sewers. Building permits should NOT be issued unless the District has issued connection permits. The Ridge at Hayden Run, Sections One & Two (Secondary Plat and Construction Plans) 1 The plans received by the District have been reviewed and corrunents ,,,ere sent: to the Project Engineer on February 10, 2003. Revised plans need to be submitted. An IDEM permit will be required and the submittal packet shou.ld be sent to the District for review. The District will then submit the project to IDEM for permit approval. A preconstruct ion meeting will need to be held before the construction of the proposed sanitary sewers. Building permits should NOT be issued unless the District has issued connection permits. -Clarian Hospital North - (Rezone/Preliminary Development Plan and Final Development Plan for Hospital site only) The plans received by the District need to be revised to show the entire sanitary system on the plan profile sheets as it is shown on the overall utility plan. Revised plans need to be submitted. An IDEM permit will be required and the submittal packet should be sent to the District for review. The District will then submit the project to IDEM for permit approval. A preconstruction meeting will need to be held before the construction of the proposed sanitary sewers. Building permits should NOT be issued unless the District has issued connection permits. 11300 Block of North Michigan Road (Rezone) The District has not received any plans for this proposal. Building permits should NOT be issued unless the District has issued connection permits. Ritz Charles (Amended Development Plan) The District has not received any plans for this proposal. Building permits should NOT be issued unless the District has issued connection permits. Please remind all TAC applicants to provide plans directly to the District at our main office address in care of Andy Kern at: ~..1070l N. College Ave. I 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. lrile are a member of the IUPFS underground locate network so call 1-800-382-5544 before you dig! Please feel free to contact Jay Alley or me if you have questions or need additional information. Thanks~ Andy Kern, Project Specialist Clay Township Regional Waste District Hamilton County, IN, USA http://www.ctrwd.org/ 317-844-9200 (phone) 317-844-9203 (fax) >>> "Dobosiewicz~ Jon C" <JDobosiewicz@ci.carmel.in.us> 02/07/03 02:21PM >>> Please find attached the above referenced agenda. <<TAC2003-0219.rtf>> Thanks, Jon C. Dobosiewicz Planning Administrator Department of Co~~unity Services City of Carmel One Civic Square 2. '. u u HI(S M. TERESA DAVIS AlA VICE PRESIDENT February 8, 2003 Mr. Jon Dobosiewicz Carmel DOCS Office One Civic Square Carmel, Indiana 46032 Re: Clarian Health North Specialty I Women's and Children's Hospital HKS Project Number 7867 Dear Mr. Dobosiewicz: Per your request, following is a list of the differences between the original January 17 ADLS submittal and the resubmittal of February 4: 1. The location and configuration of the north entrance into the site off of Illinois Avenue. 2. The location of the north section of the internal loop drive. It was moved 22 feet to the north. 3. The configuration of the semi-circular parking area to the east of the MOB entrance. The new configuration allows closer and more convenient parking to the MOB entrance. 4. The configuration of the ambulance drive and canopy. The revision allows better coverage of the ambulance. 5. The relocation of the head-in parking paces adjacent to the southern pond. These spaces are now added in the semi-circular parking area. 6. The reconfiguration of some remote parking spaces adjacent to the central plant. 7. The addition of sheet C4.2 and L7.01. 8. Further reflllement of the plaza areas to the immediate north and south of the hospital, resulting in less paving and more landscape. 9. Addition of a berm between the semi-circular drive and parking lot on the west, to better hide the parking area. 10. Addition of some landscape features and fountains to further develop and soften the site. If you have any questions, please feel free to call me at 214-969-3004 C:\Documents and Setlings\jdobosiewicz\Local Seltings\Temporary Inlernel FileslOLK80lMTDD3D208Citydoc HKS INC. 1919 McKINNEY AVENUE DALLAS, TX 75201-1753 2149695599 FAX 214969.3397 'ir;" . u u Best Regards, M.Teresa Davis, AIA Vice President cc: Ms. Jamie Poczekay, ACE Mr. Roger Kilmer, B&D Ms. Leah Hales, SW A r'l 0 :...... 0 N 0 --... OC N :tl --... ~ 0 :0= 0... I ~ I u JO" 'l . "'ii./' ; ~' ~.~~ i :' ..~ \ ~~. ., ... > ". . , , Q,.. "'''':\ , ..~ . .. -0 Q) o-J Q) - W O-L.. E :J 0.... O~ kt ; ) ... t .I " J ~. if f' '~. - ~ 1 [I I 'I'" 'j ~ L " ... ., .t< "'Ii' .: ~"i'J. t'., '*" "'.' 11IIII-.1 ~w .*\.. ~ . oj "j ~ I \ ~ ~, ..,;,..f ^~({ . . . 4. .~. . \ f- ~\ l' ." ,. i,!'f I I, ~ ~ , \ l I iL _..l\ \ - 1 q 4> ... ~ 0 0. U '--;> - OJ) c: .--< ('0 t: .c N ... ::>> -2: .--< ~ .--< 0 c:: N C) > --... c: <f.l .- 0 ... ;.s. 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""' ""' ...c VOLUME 21 NUMBER 11 Page 1 of 4 Floor/Area Ratio(FAR): 1. 3 Maximum Number of Stories: 13 Total Parking Spaces: 3,1053 LAND USE PLAN c r Acres II Percent I /SUildings II 5.711 27.8%1 I Parking structures If 2.511 12.2 , J Paved areas 1/ 6.511 31.41 1 Landscaped areas I' 5.9/1 28.61 !Total II 20.6/1 100.0% I DEVELOPMENT COST INFORMATION c I Cost in Mil/ions I ILand I' $10/ , On-Site Improvement Costs II $ 1151 I Construction Costs: j lone Fountain Square If $ 19/ JTWO Fountain Square II 211 1 Southwest Building I' 10) I Hotel4 II 411 r Freedom Drive Parking Structure 1/ 21 'Total II $ 98/ Hote! Furniture Fixtures & EqUipment Costs: $ 7 Soft Costs ~ II 'I http://207.86.218.154/CaseStudies/C021011.htm 0112812003 VOLUME 21 NUMBER 11 Page 2 of 4 I Architecture/engineering II $11 J I Leasing II 21 I Marketing/promotion II 7' I Legal/ffnance/insurance/taxes 'I 61 I Management/fees II 101 I Construction interest II 141 C j Other/startup 1/ 10/ ITotal I' $ 601 Total Acquisition and Development Cost: $185 million Average Development Cost per Square Foot GBA: $154 Average Construction Cost per Square Foot GBA: Office/Retail: $60 Hotel: $85 ANNUAL OPERATING EXPENSES c f Taxes fl $1,440,770 I lrnsurance II 192,250 I [Maintenance II 897,040 I IJanitorial I' 652,150 J I Utilities II 879,400 I j Management/legal II 527,4701 I Secu rity II 465,1701 I La ndsca ping II 291,0001 1 Miscellaneous II _~a,750 r 'Total II $5,373,970 I RETAIL TENANT INFORMATION http://207.86.218.154/CaseStudies/C021011.htm 01128/2003 VOLUME 21 NUMBER 11 Page 3 of 4 c I Classification II Number of Tenants I Percent of Total Total GLA I Percent of GLA I (Square Feet) I Food II 711 13.2% 45,260 II 22.0%1 [ Food service II 411 7.5 4,05411 2.0! Clothing and accessories II 911 17.0 34,00311 15.51 Shoes II 1 1.9 1,14411 0.61 Home furnishings II 6 11.5 14,070 5.S! Home appliances/music II 2 3.81 6,517 3.2! Hobbyj specialty interest I 5 9.41 12,499 5.01 G ifts/s pecia Ity 5 9.4 4,225 2.11 Jewelry I 2 3.8 1,910 0.91 Other retail I 3 5.7 5,0771 2.91 Personal services I 61 11.3 6,6541 3.21 I Recreation (cinema) [ 11 1.91 64,7971 31.51 I Financial I 21 JJiI 4,7801 ul ITotal I 531 100.0%1 206,000 I 100.0%1 c Average Annual Rents: Approximately $30 to $33 per square foot Average Length of Lease: 10 years Typical Terms of Lease: Base rent plus percent of gross sales OFFICE TENANT INFORMATION Typical Net Rentable Area per Floor: 21,000 to 23,000 square feet Average Office Tenant Size (30 tenants): 9,397 square feet Average Annual Rents: Approximately $23 to $27 per square foot Average Length of Lease: Three to 10 years Notes: http://207.86.218.154/CaseStudies/C021011.htm 01/28/2003 VOLUME 21 NUMBER 11 Page 4 of 4 lProject data are for Phase I only. 2Does not include 15.0 acres used for 1,404 temporary surface parking spaces. 3CurrentlYf 1,356 spaces are in parking structure and 1,749 spaces are in surface lots. 4Includes structured parking. DEVELOPMENT SCHEDULE c Master Planning Started: Februa ry 1982 Design Competition Held: August 1986 Leasing Started: January 1987 Application for Rezoning and Development Approved: March 1987 Land Purchase,d: April 1988 Phase I Site Preparation Started: February 1988 Phase I Office/Retail Construction Started: June 1988 Hotel Construction Started: January 1989 First Office Building Grand Opening: September 1989 Phase I Grand Opening: October 1990 DI RECTIONS From downtown Washington and Washington National Airport: Take Route 66 west to the Dulles Toll Road (Route 267) west-do not use express lanes to Dulles Airport. Exit the Dulles Toll Road at Reston Parkway. Turn right onto Reston Parkway and proceed north to the third traffic light. Driving time: 25 minutes nonrush hour. c, Distance 18 miles. From Du/Jes International Airport: Take the DulJes Toll Road (Route 267) east. Exit the Dulles Toll Road at Reston Parkway Turn left onto Reston Parkway and proceed north to the fourth traffic light. Driving time: Six minutes. Distance Five miles. http://207.86.218.154/CaseStudies/C021011.htm 01/2812003 ~. u u '4 City of Carmel VIA FAX: 569.4800 Original by mail .----- Joseph Scirnia Baker & Daniels 600 E. 96th Street, Suite 600 Indianapolis, IN 46240 cPt -03--z:-. c February 4, 2003 RE: Clarian North Hospital Pl.iD Ordinance Dear Mr. Scimia: This letter is in response to the "new" Rezone and DP/ADLS applications you have filed for Clarian North Hospital. The following comments need to be addressed and/or plans/applications updated accordingly: POO Ordinance: 1. Approval Process: a. The proposal is a Preliminary Development Plan for the entire parcel covered by the PUD, not just area I-A and I-B. b. The filing of the DP and ADLS for the Hospital constitutes the Final Development Plan for Area I-A. c, Amend the Administration section to require future approval of a Final Development Plan and ADLS for all other parcels (area I-A on file now). Section 3.B and Administration section of your PUD requests only ADLS for future parcels. This is not adequate. d. Strike Section 3 .B (iii). It should read that all Development within the POO shall comply with the development requirements of the POO. Are you proposing something other than this with the "substantial compliance" wording? 2. Area I-A: a. We request a minimum building height of3 stories and 38' for area I-A. No minimum has been proposed. b. A 200: setbackalong US 31 for Hospital Building is excessive. Please reduce. Refer to the 90' build-to-line in the US 31 Overlay Ordinance as guideline. c. How should words like "intended", "similar" and "generaIIy" be viewed in the building setback context as written. Please use language that leaves less room for interpretation. This applies throughout the PUD. d. The minimum building setback along 116th Street should be greater than 20'. Based on the proposal it could be 300+/-. If you want to guarantee the open buffer area along the street at this location please revise setback e. Based on the other development standards I do not find it necessary to provide a minimum lot width. f. Based on the intent of area I-A the minimum ground floor area of 15,000 square feet Page 1 ONE CIV1C SQUARE C\R1VffiL, INDLA..NA 46032 317/571-2417 "',- u u 'li. appears small with tbe exception of the physical plant. Please increase to a minimum of 30,000 s. f. and provide exception for physical plant, if necessary. g. Based on your language in the F.AR. section there is no point in providing one unless you think that there is the potential that a 150' tall building from setback line to setback line will be constnlcted with the adequate amount of parking within to meet the required number. However, we do want to encourage the use of structure parking at this location. You may want to establish a maximum FAR that guarantees structured parking if a future expansion becomes a reality. The ultimate "highest and best" use of this property should not include the proposed level of surface parking. If a parking structure is envisioned as part of the future expansion you may want to give the Commission and Council an idea of where it may be located. h. Provide justification for not requiring a loading berth for a building ofless than 40,000 s.f. m area. 3. Area I-B: a. Based on the permitted uses could one reason that the hospital, in area I-A is not permitted to include a fitness center or child care center. These uses may want to be included in area I-A as accessory if provided within the hospital building. b. We request a minimum building height of 3 stories (occupiable floors) and 38' for buildings that do not front illinois Street. No minimum has been proposed and a single story is not acceptable. c. We request a minimtun building height of 2 stories (occupiable floors) and 26' for buildings that front lllinois Street. No minimum has been proposed. d. Based on setback requirement along illinois Street is it required that a lot with frontage on TIlinois Street will have to have a building within 30' of the right-of-way? e. Based on the other development standards I do not find it necessary to provide a minimum lot width. f. Again, your language in the F.A.R. section appears redundant based on other standards. Let me say again that we want to encourage the use of structure parking. This area should be restricted from becoming, exclusively, more surface parking to meet the requirement of the hospital once it expands. g. Provide justification for not requiring a loading berth for a building of less than 40,000 s.f. m area. h. Strike second part of sign section and incorporate into first part. Splitting the language into two sections is redundant arid confusing. 4. Area 2-A: a. Area 2-A could be eliminated in favor of moving requirements to Section V. on Landscaping. The range in area is misleading at best. The space could be between 130' (to made 3 acres) and 440' (for 10acres). This area is a 130'+/- buffer, with a trail no closer that 100' to the property line, betvveen the residential to the north and the proposed uses within areas 2-B, 2-C, and 2-D. If you intend to make it something more than that then define it better. !fyou leave the language the way it is you will fate the Plan Commission when you come back with a plan that takes out seven acres of the woods for development and only be able to tell them that the PUD ordinance language allows it. 5. Area 2-B: a. Provide a larger minimum lot size and ground floor area more closely associated with the proposed uses. If you feel it is necessary to keep these minimums please provide .an exhibit illustrating the minimum configuration for review. b. Based on the proposed uses a minimuf!1 of 25,000 square feet seems more realistic. Even at that we are not going for a outlot type situation. We want to see larger buildings with multiple users. Page 2 ONE CIY'1C SQUARE CARlVIEL, INDIANA 46032 317/571-2417 ..... u u \ c. Section D.2j.4. provides standards for 200,000 plus sJ. building area. Is the size of area 2- B (2-3 acres) adequate to accommodate uses this large? Please advise. 6. Area 2-C: a. With buildings as large as proposed (minimum 10,000 s.f.) you may want greater flexibility in building height. Perhaps 40+/- feet talL b. Good building size. Would like to see something closer to this for area 2-B. 7. Area 2-D: a. Good standards on achieving mixed-use, larger buildings. 8. Area 2-E: a. Based on the language and renderings within the Design Guideline section it appears the development standards will not guarantee this type of construction and layout. b. The typical outlot situation which could be created under these requirements is not preferred. The lower building heights, combined with one acre lots could result in an outlot situation. 9. Landscaping: a. Stick with the per 100' standard as opposed to square footage as proposed in Section V.EJ .a. What you propose translates into 2 trees (1 shade and I ornamental) and 5 slrrubs per 100 linear feet at a minimum 5' wide strip. b. Change "Spring Mill Road, 116th Street" in Section V.E.3.b to all public right-of-way. c. What are the required planting materials (units) within planting areas adjacent to Primary Use buildings? None are specified. d. Section V.H.l.e. calls out, "Interior Areas:" Is this an error/typo? e. Be explicit that the planting strips are not cumulative. I assume that a parking area next to a street will not need a 30' setback (two 15' planting strips, one for parking and the other the front yard planting strip). Other areas of the Carmel Unified Development Ordinance are cumulative. 10. Lighting: a. Add restriction to read that require light standards within 90 feet of Spring Mill Road right- of-way to be a maximum of fifteen (15) feet in height. Thisi5 consistent with US 31 Overlay requirements. b. Move design related information into Section VII on Design Guidelines. 11. Design Guidelines: . a.' All of the renderings show two-three story buildings yet the text only requires 1 Y2 story structures. Please revise. We request a minimum of two-story structures in area 2-D and 2- E. b. Request to see regulations added to address sign theme as well as building design. 12. Traffic I Roadway Improvements: a. Provide a copy ofthe Traffic Study for review. Conunents related to the study will be made once received. b. The right-of-way for illinois Street is 120' pursuant to the Thoroughfare plan. A 120' full width right-of-way is sho\VT1. It is my expectation that improvements vvill need to be made within the right-of-way to provide dedicated left hand turn lanes into the site at each full- access entrance in addition to the two tluu lanes in each direction. Please revise plans accordingly. In addition, street trees and buffer plantings are required within the right-of- way. Please provide these plans. c. Access should be limited onto Dlinois Street. One additional access point on the west side (other that than across from the two proposed cuts into the hospital) onto minois Street would appear adequate. Revise language in Section VITI. A. 3 .b. to reflect this. d. Revise Section VID.A.3 .a. to require access to be aligned with northern most hospital cut. e. Add language to the above noted section restricting access to area I-B to the proposed Page 3 ONE CIVIC SQUARE CAIUvIEL, INDLiLNA 46032 317/571-2417 \. u u " northern most hospital cut. f. The right-of-way for Spring Mill Road is 100' pursuant to the Thoroughfare plan. Revise plans accordingly to illustrate a 50' half. g. We are requesting that a minimum of one public right of way (80' width) be provided between ll1inois Street and Spring Mill Road. It would seem practical that the street would run between the main hospital entrance and a location somewhere within the middle 1/3 of the site along Spring Mill Road as proposed. h. Revise Section VIII.B.2.b. to allow no more that one such cut on either side of the major interior access noted in the same section. 1. Revise Section VIII.B.2.d. to strike, "to Spring Mill Road," and to read Final Development Plan as opposed to "ADLS". J. The right-of-way for 116th Street is 150' pursuant to the Thoroughfare plan. A 70' ha1fis shown. Revise plans accordingly to illustrate a 75' half. We request a non-access easement be provided along the frontage of the site abutting 116th Street. Based on the plans that we have seen from the state I hesitate to support the "emergency access" proposed on 116tl1 Street. I think an alternative to thi~ location would be along Dlinois Street just north of the proposed pond along 116tl1 Street. This would eliminate the need to come back and negotiate a change in the future in addition to the fact that you will have west bound traffic on 116th street trying to turn into the site via this entrance regardless what it is signed. Please provide additional justification. 13. Other General Requirements: a. Move this section into Section VII on Design Guidelines. 14. General: a. Please forward a letter with a site plan of the proposed DP to the Commissioner of Indiana Department of Transportation advising him of the proposal and requesting any comments. If you have any questions or if I may be of assistance please do not hesitate to call. Sincerely, ~~~e~cz~ Plalll1ing Administrator Clarian North Hospital- Meridilln-PUDl.rtf Page 4 ONE CIVIC SQUARE CARl'vlEL, INDIANA 46032 317/571-2417 w u Hollibau h, Mike P From: Sent: To: Subject: Glaser, Karen A Monday, January 06,200310:19 AM Hollibaugh, Mike P FW: Boyd Zoccola MPH: this mtg is scheduled for' this Thursday, January 9t :00 p.m. The Mayor has asked me to include you in on this mtg. He will want the plans for Illinois for review. ---~.Original Messagemn From: Brainard, James C Sent: Monday, January 06, 2003 10:07 AM To: Glaser, Karen A Subject; RE: Boyd Zoccola Include Hollibaugh and ahve him have ready our plans for Illinois. ~.---Original Messagenm From: Glaser, Karen A Sent: Tuesday, December 31, 20029:47 AM To: Brainard, James C Cc: Mielke, Sherry S Subject: Boyd Zoccola Mayor: Boyd Zoccola, Hokanson Companies, called requesting a mtg with you. Mtg to include Joe Scimia, and planner wi Boker & Daniels, representatives from Clarion Hospitals and ACE Engineering to discuss your long r'onge plans for Illinois Stree'~, 116th St. and US 31. Do you want to meet with them? Pis advise KGlaser 1