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HomeMy WebLinkAboutApplication Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, October 28, 2009 12:43 PM To: 'justinmoffett @aol.com' Cc: Hollibaugh, Mike P Subject: FW: Docket No. Assignment: The Cottages at Carmel #09100008 SP) Justin- Below are the outstanding comments, but otherwise you can submit a mylar for Mike h to sign; the property owner and your engineer need to sign it before you submit it to mike, as well as have the filing fees paid. Did Mike H lower or eliminate your fees? Outstanding review comments: 1. Make sure the sidewalk locations are correct; they are different than what was approved with the primary plat. Also, make sure there is a pedestrian connection along the north property line of the plat, whether it be a mulch path or crushed stone path. 2. Please provide a final Landscape Plan to DOCS and the Forestry Dept. 3. Please provide a signed copy of the subdivider agreement form. See section 9.06 of the subdivision control ordinance. 4. Will you return with replats of each block into lots? If not, please add lot numbers to each unit (1 -40). 5. Two paper copies of the plat must be filed with the Mylar prior to recording, and two paper copies and a Mylar of the recorded plat must be submitted following recording of the document. Our approval of the secondary plat (signature) will be forthcoming upon revision of the plans according to the items listed above. 6. The Dept would also like a .pdf or .jpg file of the scanned, recorded plat, as we move toward a paperless office -Angie Conn, Planning Administrator From: Conn, Angelina V Sent: Wednesday, October 21, 2009 6:22 PM To: Hollibaugh, Mike P; Keeling, Adrienne M; Hancock, Ramona B; Littlejohn, David W; Holmes, Christine B; 'jmolitor @prodigy.net; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Donahue -Wold, Alexia K; Weddington, Trudy A.; Blanchard, Jim E; Stewart, Lisa M; Martin, Candy; Mindham, Daren Cc: 'justinmoffett@aol.com'; 'kuhnb @weihe.net'; 'Jon Dobosiewicz' Subject: Docket No. Assignment: The Cottages at Carmel #09100008 SP) I have issued the necessary Docket Number for (SP) The Cottages at Cannel. It will be the following: Docket No. 09100008 SP: The Cottages at Carmel The applicant seeks secondary plat approval for 40 lots on 6 acres. The site is located at 531 S. Guilford Rd. and is zoned B -7 /Business. Filed by Justin Moffett for Guilford Commons, LLC. Justin can be contacted at 966 -2023. Filing Fees: SP Application (40 Lots) 5,654.00 Total Fee: $5,654.00 Petitioner, please note the following: 1. This item was already on an agenda of the Technical Advisory Committee (TAC). However, petitioner must submit plat and construction plans to all TAC members ASAP. The online list of TAC members is here: http: /www.c i .carmel .in.us /services /DOCS/TAC2009 /TAC %20members %207.08.09.pdf 1 2. Mailed and published public notice does not need to occur. 3. Proof of Notice is not needed. 4. This item will be reviewed administratively. Filing fee must be paid prior to Director's signature of the plat. 2 4 0 Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, October 21, 2009 6:22 PM To: Hollibaugh, Mike P; Keeling, Adrienne M; Hancock, Ramona B; Littlejohn, David W; Holmes, Christine B; 'jmolitor @prodigy.net'; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Donahue -Wold, Alexia K; Weddington, Trudy A.; Blanchard, Jim E; Stewart, Lisa M; Martin, Candy; Mindham, Daren Cc: 'justinmoffett @aol.com'; 'kuhnb @weihe.net'; 'Jon Dobosiewicz' Subject: Docket No. Assignment: The Cottages at Carmel #09100008 SP) I have issued the necessary Docket Number for (SP) The Cottages at Carmel. It will be the following: Docket No. 09100008 SP: The Cottages at Carmel The applicant seeks secondary plat approval for 40 lots on 6 acres. The site is located at 531 S. Guilford Rd. and is zoned B -7 /Business. Filed by Justin Moffett for Guilford Commons, LLC. Justin can be contacted at 966 -2023. Filing Fees: SP Application (40 lots) 5,654.00 Total Fee: $5,654.00 Petitioner, please note the following: 1. This item was already on an agenda of the Technical Advisory Committee (TAC). However, petitioner m ust OK submit plat and construction plans to all TAC members ASAP. The online list of TAC members is here: http: /www.ci.carmel.in.us /services /DOCS/TAC2009 /TAC %20members %207.08.09.pdf 2. Mailed and published public notice does not need to occur. 3. Proof of Notice is not needed. 4. This item will be reviewed administratively. Filing fee must be paid prior to Director's signature of the plat. PETITIONER: refer to your instruction sheet and checklist on the application for more detail, and please respond to the following preliminary review comments: °LP: Please ad the words "Secondary Plat" to the title. oµ-2, Make sure the street names on the plat match the street names on the construction plans. dty3 Please add a location map to the plat. Make sure the sidewalk locations are correct; they are different than what was approved with the primary plat. Also, make sure there is a pedestrian connection along the north property line of the plat, whether it be a mulch path or crushed stone path. 5(). Please provide a final Landscape Plan to DOCS and the Forestry Dept. cii', Please add docket no. 09100008 SP to the plat. o\ Please make reference to all of the building setbacks and reference the BZA variances, show on lots or add as a note on the side. cice Please add the zoning to the plat: B -7 /Business. Please provide copies of your correspondence with TAC members. Please provide a signed copy of the subdivider agreement form. See section 9.06 of the subdivision control ordinance. d`(;11 add the instrument no. for the covenants /restrictions in the Deed of Dedication Section on the plat. 12 Will you return with replats of each block into lots? If not, please add lot numbers to each unit (1 -40). 1 The land surveyor's certificate text block and commission certificate text block only have to appear once on the plat, not once per page. ol� Please submit a revised Secondary Plat after making above mentioned changes. Once these changes have been made and comments addressed, please produce a Mylar copy (with the surveyor's and land owner's signatures) for signature by this Department. Two paper copies of the plat must be filed with the Mylar prior to recording, and two paper copies and a Mylar of the recorded plat must be submitted following recording of the document. Our approval of the secondary plat (signature) will be forthcoming upon revision of the plans according to the items listed above. 15. The staff has been advised that we cannot present a Secondary Plat to the Director for signature from this point forward until Ms. Terry Krueskamp (tkrueskamp@carmel.in.gov) in Information Systems has received an e -mail with an electronic file attached (MicroStation .dgn is preferred, or AutoCad .dwg of the subdivision), and it (the e- mail) has been copied to myself and Alexia Donahue -Wold (awold @carmel.in.gov). ,The Dept would also like a .pdf or .jpg file of the scanned, recorded plat, as we move toward a paperless office. Thank you, Angie Conn, Planning Administrator Planning Zoning Dept City of Carmel 1 Civic Square, 3rd Floor Carmel, IN 46032 0: 317-571-2417 F: 317 571 -2426 E: aconn@carmel.in.aov Website Please consider the environment before printing this e-mail 2 APPLICATION for SECONDARY PLAT or (REPLAT) Fee: $894.00, plus $119.00 per lot OR ($296.00 plus $119.00 per lot) (To be paid after a docket number is assigned.) n DATE: October 14, 2009 DOCKET o 6 1 1 DOOOg SF The undersigned agrees that any construction, reconstruction, enlargement, relocation or alteration of structure, or any change in the use of land or structures requested by this application will comply with, and conform to, all applicable laws of the State of Indiana, and the Zoning Ordinance of Carmel, Indiana 1980, adopted under the authority of Acts of 1979, Public Law 178, Sec. 1, et. seq. General Assembly of the State of Indiana, and all Acts amendatory thereto. VAR Xik Name of Applicant: Guilford Commons, LLC Email: justinmoffett@aol.co A l Address of Applicant: PO Box 799, Carmel, IN 46082 co GQ Phone 317- 966 -2023 Fax 317 815 -0639 R�OC,\ 5 S v opG w Name of Owner: Guilford Commons, LLC CO Name of Subdivision: The Cottages at Carmel 4 01 Kci 1 N1 Approximate Address /Location of Subdivision: 531 S. Guilford Road, Carmel, IN 46032 Tax Parcel ID No(s): 1609250308017.000 Legal Description: (To be typewritten on separate sheet and attached). Area (in acres): Six (6) Number of Lots: Forty (40) Zoning: B-7 Length in miles of new streets to be dedicated to public use: N/A Surveyor certifying plat: Weihe Engineering, Brady Kuhn Surveyor's address and $one 10505 N. Co e'e Ave., Indianapolis, IN 46280, 317 -846 -6611 4 4 t Signature of Applicants. �;r1► (Print) �`5�/'\ LC/ l T t 'TITLE: PC0 C f n G, STATE OF INDIANA SS: County of Ayr v �9Before. ,the undersigned, a Notary Public for a unty, State of Indiana, personally appeared and a cknowledgel.the •execution of the foregoing instrument this 110 day of 0 (94A 2009. 0 D Notary Public M y i Co u mmnis ion Expires: r► t a A CA/1 1 S I 1 W FI an R Received By: 5 O Filename: Secondary Plat- Replat2009 Revised 12/17/2008 �0 \4 1 q N ea CO RECEIVED ca OCT 1 6 2009 D y� ►11111HI, :S 2 0 J.4 o ®OA7 0 4-4 r ®r Q .....r. I, A c4 s: x 'A ca A 0 Ix) 1ml sz u 0 0 0.1 cd ..8 -cY CNI en en o 0 R p a g A I u r4 u a a C4 Q 0 N N O A ..8 a ��o a, N o 0 E 4 o O cx. c, tr1 h 2 e 5 a' u� o cr C 0 gl u3 o q a) a 4 $.4 a o °r3 0 AQ o o W E o a c t g ca N� 3 ta LS o il N ca n t) p u) 2 iUH 44 ca rtO ,h) 4 '4' E2 i a. '2 iS •S P 4 49 CZ) A) V) I INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We make Indiana a cleaner, healthier place to live. Mitchell E. Daniels, Jr. 100 North Senate Avenue Governor Indianapolis, Indiana 46204 March 20, 2008 (317) 232 -8603 Thomas W. Easterly. (800) 451 6027 Commissioner www.idem.IN.gov VIA CERTIFIED MAIL 7002 0510 0003 0021 9163 Uptown Partners, LLC P.O. Box 3782 Carmel, Indiana 46082 Dear Applicant: Re: 327 IAC 3 Construction Permit Application Plans and Specifications for Sanitary Sewer Guilford Patio Homes Permit Approval No. 19039 Carmel, Indiana Hamilton County The application, plans and specifications, and supporting documents for the above referenced project have been reviewed and processed in accordance with rules adopted under 327 IAC 3. Enclosed is the Construction Permit (Approval No. 19039), which applies to the construction of the above referenced proposed sanitary sewer system to be located on the east side of Guilford Road and approximately 1/4 mile north of City Center Drive. Please review the enclosed permit carefully and become familiar with its terms and conditions. In addition, it is imperative that the applicant, consulting architect/engineer (A/E), inspector, and contractor are aware of these terms, conditions, and reporting and testing requirements. It should be noted that any person affected or aggrieved by the agency's decision in authorizing the construction of the above referenced facility may, within fifteen (15) days from date of mailing, appeal by filing a request with the Office of Environmental Adjudication for an adjudicatory hearing in accordance with IC 4- 21.5 -3 -7 and IC 13 -15 -6. The procedure for appeal is outlined in more detail in Part III of the attached construction permit. Plans and specifications were prepared by Weihe Engineers, Inc., certified by James E. Shields, Jr., P.E., and submitted for review on February 26, 2008, with additional information submitted on March 11, 2008. Recycled Paper 0 An Equal Opportunity Employer Please Recycle c., Any questions concerning this permit may be addressed to Levy Soliven, of our staff, at 317/232 -8658. Questions conceming appeal procedures should be addressed to the Office of Environmental Adjudication, at 317/232 -8591. Sincerely, Dale T. Schnaith, Chief Facility Construction and Engineering Support Section Office of Water Quality LS /dr Project No. M -19134 Enclosures cc: Hamilton County Health Department Hamilton County Commissioner City of Carmel Weihe Engineers, Inc. Loucine Tannehill Michael Lori Fanolla Micah Heather Kinnaman Patricia Helm Rev. Living Trust Hillary Daniel Lewis Benedicto Relucio, Jr. Richard Barbara Vogt Christopher Wilsey Jeffrey Mary Price Manouchehr Hourmozdi Mary Alton Chafin Lenna Ransburg Page 1 of 5 Permit Approval No. 19039 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AUTHORIZATION FOR CONSTRUCTION OF SANITARY SEWER SYSTEM UNDER 327 IAC 3 DECISION OF APPROVAL Uptown Partners, LLC, in accordance with the provisions of IC 13 -15 and 327 IAC 3 is hereby issued a permit to construct the sanitary sewer system to be located on the east side of Guilford Road and approximately 1/4 mile north of City Center Drive. The permittee is required to comply with requirements set forth in Parts I, II and III hereof. The permit is effective pursuant to IC 4- 21.5- 3 -4(d). If a petition for review and a petition for stay of effectiveness are filed pursuant to IC 13 -15 -6, an Environmental Law Judge may be appointed for an adjudicatory hearing. The force and effect of any contested permit provision may be stayed at that time. NOTICE OF EXPIRATION DATE This permit and the authorization to initiate construction of this sanitary sewer system shall expire at midnight April 1, 2009. In order to receive authorization to begin construction beyond the date of expiration, the permittee shall submit such information and forms as are required by the Indiana Department of Environmental Management at least sixty (60) days prior to the expiration date. Signed this 20th day of March 20 08 for the Indiana Department of Environmental Management. WZ --K--er-- 1 Dale T. Schnaith, Chief Facility Construction and Engineering Support Section Office of Water Quality Page 2 of 5 Permit Approval No. 19039 SANITARY SEWER SYSTEM DESCRIPTION It is proposed to install approximately 1,001 feet of 8 -inch diameter PVC (SDR 35) ASTM D3034 sanitary sewer to serve 40 single family homes in the referenced project with an expected total average flow of 12,400 gpd. The new sewer will be connected to an existing 10- inch diameter sanitary sewer on the west side of Guilford Road, approximately 1/4 mile north of City Center Drive. Inspection of the new sanitary sewer during construction and maintenance after completion will be provided by the City of Carmel. Wastewater treatment will be provided by City of Carmel WWTP. CONDITIONS AND LIMITATIONS TO THE AUTHORIZATION FOR CONSTRUCTION OF SANITARY SEWERS During the period beginning on the effective date of this permit and extending until the expiration date, the permittee is authorized to construct the above described sanitary sewer system. Such construction shall conform to all provisions of State Rule 327 IAC 3 and the following specific provisions: PART I SPECIFIC CONDITIONS AND LIMITATIONS TO THE CONSTRUCTION PERMIT Unless specific authorization is otherwise provided under the permit, the permittee shall comply with the following conditions: 1. All local permits shall be obtained before construction is begun on this project. 2. If pollution or nuisance conditions are created, immediate corrective action will be taken by the permittee. 3. The separation of sanitary sewers from water mains and drinking water wells must comply with 327 IAC 3 -6 -9. 4. All gravity sewer pipe must be leak tested using either a hydrostatic test or air test in accordance with 327 IAC 3- 6- 19(d). If using a hydrostatic test, the rate of exfiltration or infiltration shall not exceed 200 gallons per inch of pipe diameter per linear mile per day. Air test shall be as prescribed. Page 3 of 5 Permit Approval No. 19039 5. The results of the gravity sewer leakage test and /or force main leakage test on the completed sewer shall be submitted to this office within three months of completion of construction. 6. If construction is located within a floodway, a permit may also be required from the Department of Natural Resources prior to the start of construction. It is the permittee s responsibility to coordinate with that agency and obtain any required approvals if applicable. Questions may be directed to the Technical Services Section, Division of Water at 317/232 -4160. 7. Deflection tests must be performed on all flexible* pipe after the final backfill has been in place at least 30 days. No pipe shall exceed a vertical deflection of 5 Deflection test results shall be submitted with the infiltration/exfiltration test results. *The following are considered nonflexible pipes: vitrified clay pipe, concrete pipe, ductile iron pipe, cast iron pipe, asbestos cement pipe.) 8. Manholes shall be air tested in accordance with ASTM C1244 -93, Standard Test Method for Concrete Sewer Manholes by the Negative Air Pressure (Vacuum) Test. The manhole test results shall be submitted with the gravity sewer leakage test results. Failure to submit test results within the allotted time period or failure to meet guidelines as set forth in the above conditions could be subject to enforcement proceedings as provided by 327 IAC 3 -5 -3. Page 4 of 5 Permit Approval No. 19039 PART II GENERAL CONDITIONS 1. No significant or material changes in the scope of the plans or construction of this project shall be made unless the following provisions are met: a. Request for permit modification is made 60 days in advance of the proposed significant or material changes in the scope of the plans or construction; b. Submit a detailed statement of such proposed changes; c. Submit revised plans and specifications including a revised design summary; and d. Obtain a revised construction permit from this agency. 2. This permit may be modified, suspended, or revoked for cause including, but not limited to the following: a. Violation of any term or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts. 3. Nothing herein shall be construed as guaranteeing that the proposed water pollution treatment/control facility shall meet standards, limitations or requirements of this or any other agency of state or federal government, as this agency has no direct control over the actual construction and/or operation of the proposed project. Page 5 of 5 Permit Approval No. 19039 PART III APPEALS PROCEDURE Anyone wishing to challenge this agency's decision for authorizing the construction of this facility may do so, provided that a petition for administrative review is filed as required by IC 4- 21.5 -3 -7. The petition must be submitted within fifteen (15) days of the date of mailing of this permit notification. The petition must include facts demonstrating that you are either the applicant, a person aggrieved or adversely affected by this decision, or otherwise entitled to review by law. Additionally, IC 13- 15 -6 -2 requires that your petition include: 1. The name and address of the person making the request; 2. The interest of the person making the request; 3. Identification of any persons represented by the person making the request; 4. The reasons, with particularity, for the request; 5. The issues, with particularity, proposed for consideration at the hearing; and 6. Identification of the permit terms and conditions which, in the judgment of the person making the request, would be appropriate in the case in question to satisfy the requirements of the law governing permits of the type granted or denied by the Assistant Commissioner's action. 7. Pursuant to IC 4- 21.5- 3 -1(0, any document serving as a petition for review or review and stay must be filed with the Office of Environmental Adjudication. Filing of such a document is complete on the earliest of the following dates: a. The date on which the petition is delivered to the Office of Environmental Adjudication, Indiana Government Center North, 100 N. Senate Avenue, Room N501E, Indianapolis, Indiana 46204; b. The date of the postmark on the envelope containing the petition, if the petition is mailed by United States mail; or c. The date on which the petition is deposited with a private carrier, as shown by a receipt issued by the carrier, if the petition is sent by private carrier. What if you are not satisfied with this decision and you want to file an appeal? Who may file an appeal? The decision described in the accompanying Notice of Decision may be administratively appealed. Filing an appeal is formally known as filing a "Petition of Administrative Review" to request an "administrative hearing If you object to this decision issued by the Indiana Department of Environmental Management (IDEM) and are: 1) the person to whom the decision was directed, 2) a party specified by law as being eligible to appeal, or 3) aggrieved or adversely affected by the decision, you are entitled to file an appeal. (An aggrieved or adversely affected person is one who would be considered by the court to be negatively impacted by the decision. If you file an appeal because you feel that you are aggrieved, it will be up to you to demonstrate in your appeal how you are directly impacted in a negative way by the decision). The Indiana Office of Environmental Adjudication (OEA) was established by state law see Indiana Code (IC) 4- 21 -5 -7 and is a separate state agency independent of IDEM. The jurisdiction of the OEA is limited to the review of environmental pollution concerns or any alleged technical or legal deficiencies associated with the IDEM Decision making process. Once your request has been received by OEA, your appeal may be considered by an Environmental Law Judge. What is required of person filing an appeal? Filing an appeal is a legal proceeding, so it is suggested that you consult with an attorney. Your request for an appeal must include you name, address and identify your interest in the decision (Or, if you are representing someone else, his or her name, address and their interest in the decision). In addition, please include a photocopy of the accompanying Notice of Decision or list the permit number and name of the applicant, or responsible party in your letter. Before a hearing is granted, you must identify the reason for the appeal request and the issues proposed for consideration at the hearing. You also must identify the permit terms and conditions that, in your judgement, would appropriately satisfy the requirements of law with respect to the IDEM decision being appealed. That is, you must suggest an alternative to the language in the permit (or other order, or decision) being appealed, and your suggested changes must be consistent with all applicable laws (See Indiana Code 13- 15 -6 -2) and rules (See Title 315 of the Indiana Administrative Code or 315 IAC). The effective date of this agency action is stated on the accompanying Notice of Decision (or other IDEM decision notice). If you file a "Petition for Administrative Review" (appeal), you may wish to specifically request that the action be "stayed (temporarily halted) because most appeals do not allow for an automatic "stay If after an evidentiary hearing a "stay" is granted, the IDEM approved action may be halted altogether or only allowed to continue in part until a final decision has been made regarding the appeal. However, if the action is not "stayed" the IDEM approved activity will be allowed to continue during the appeal process. (See reverse side) Where can you file an appeal? If you wish to file an appeal, you must do so in writing. There are not standard forms to fill out and submit, so you must state your case in a letter (called a petition for administrative review) to the Indiana Office of Environmental Adjudication (OEA). Do not send the original copy of your appeal request to IDEM. Instead, send or deliver your letter to: The Indiana Office of Environmental Adjudication Indiana Government Center North 100 North Senate Avenue, Room 1049 Indianapolis, IN 46204 If you file an appeal, also send a copy of your appeal letter to the IDEM contact person identified in the Notice of Decision, and to the applicant (person receiving the IDEM permit, or other approval). Your appeal (petition of administrative review) must be received by the Office of Environmental Adjudication in a timely manner. The due date for filing an appeal may be given, or the method for calculating it explained on the accompanying Notice of Decision (NOD). Generally appeals must be filed within 18 days of the mailing date on the NOD. To ensure that you meet this fling requirement, your appeal must be: 1) Delivered in person to OEA by the close -of- business in the eighteenth day (If the 18 day falls on a day when the Office of Environmental Adjudication (OEA) is closed for the weekend, or for a state holiday, then you petition will be accepted on the next business day on which OEA is open), or 2) Given to a private carrier who will deliver it to OEA on your behalf, (and from whom you must obtain a receipt dated on or before the 18 day), or 3) For those appeal requests sent by U.S. Mail, your letter must be postmarked by no later than midnight of the 18 day, or 4) Faxed to the OEA at 317/233 -9372 before the close -of- business of the 18 day, provided that the original signed "Petition for Administrative Review" is also sent, or delivered to the OEA in a timely manner. What are the costs associated with filing an appeal? The OEA does not charge a fee for filing documents for an administrative review or for the use of its hearing facilities. However, OEA does charge fifteen cents ($.15) per page fee for copies of any documents you may request. Another cost that could be associated with you appeal would be for attorney's fees. Although you have the option to act as you own attorney, the administrative review and associated hearing are complex legal proceeding; therefore, you should consider whether your interests would be better represented byan experienced attorney. What can you expect from the Office of Environmental Adjudication (OEA) after you file for an appeal? The OEA will provide you with notice of any prehearing conferences, preliminary hearings, hearing, "stays or orders disposing of the review of this decision. In addition, you may contact the OEA by phone at 317/232 -8591 with any scheduling questions. However, technical questions should be directed to the IDEM contact person listed on the Notice of Decision. Do not expect to discuss details of your case with the OEA other than in a formal setting such as a prehearing conference, a formal hearing, or a settlement conference. The OEA is not allowed to discuss a case without all sides being present. All parties to the proceeding are expected to appear at the initial prehearing conference.