HomeMy WebLinkAboutCorrespondence 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--
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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
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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
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~~~~
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
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(Printed Name)
My Commission Expires:
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INDY] ] 79520v I
VERIFYING AFFIDA VIT
STATE OF INDIANA
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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
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One Civic SqU'aie
CannEl, IN 46J32
(317) 571-2417
Fax: ('317) 571-2426
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One Civic S'iuare
Carmel, IN 4&J32
(317) 571-2.4H
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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
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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]
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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.
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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
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Best Regards,
M.Teresa Davis, AIA
Vice President
cc: Ms. Jamie Poczekay, ACE
Mr. Roger Kilmer, B&D
Ms. Leah Hales, SW A
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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
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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
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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.
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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
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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
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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