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HomeMy WebLinkAboutCorrespondenceConn, Angelina V From: BarkerLaw [barkerlaw @indy.rr.com] Sent: Friday, August 20, 2010 2:47 PM To: Hollibaugh, Mike P; Conn, Angelina V Cc: Brainard, James C; pobrien @obrienauto.com; patob1 @comcast.net; 'BarkerLawSec'; 'BarkerLaw' Subject: Peele House Mike and Angie, I just confirmed with Steve Schutz that he as a permit in hand for the Peele House. He committed to me on the phone that work will start next week. Please feel free to call me with questions. Thanks, david DAVID' BARKER, ESQ. BARKER -LAW, OFF ICES 650 N. RANGEL[NE RD. CARMEL, INDIANA 46032 (317) 506-4394 FAX (317): 575 -26o barkedawZkiitnd .rr.cor ('lease consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The materials in this electronic mail transmission (including attachments) are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. if you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution, transmission or the taking off any action in reliance on the contents of this electronic mail transmission is strictly prohibited. If you have received this electronic mail transmission in error, please immediately notify the sender by sending an e-mail message and deleting the material received in error. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, August 10, 2010 11:36 AM To: 'David Barker' Cc: 'Barkerlawsec @indy.rr.com'; Blanchard, Jim E; Hollibaugh, Mike P; 'steve@steveschutzbuiider.com'; Weddington, Trudy A.; Mishler, Nicholas F Subject: Letter of Grant for Peele House renovation Attachments: Docket 09020001 SDR Peele House.pdf David Please see attached Letter of Grant. Original copy is in the mail, to Steve Schutz. Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of•Community Services 1 Civic Square, 3rd Flr. Carmel, IN 46032 0: 317-571-2417 F: 317- 571 -2426 E: aconnftcarmel.in.aov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e -mail Conn, Angelina V From: Dave Sexton [dsexton@schneidercorp.com] Sent: Tuesday, August 10, 2010 8:11 AM To: Conn, Angelina V Subject: Rangeline Commercial Schutz Angie, I saw a couple emails floating around referring to the Peele house and the Rangeline Commercial site that Steve Schutz is doing I thought I'd drop you a note to let you know that we're preparing plans and a secondary plat and expect to file either this Friday or Monday.... Thanks, Dave Sexton, P.E. I Sr Project Manager Site Development Services The Schneider Corporation 8901 Otis Avenue, Indianapolis, IN 46216 (317) 826 -7317 dsexton@SchneiderCorp.com SchneiderCorp.com Providing creative solutions for land, infrastructure and facilities projects that help increase revenue, lower costs and mitigate risk Register here to receive our e -news and grant alerts 1 Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, August 04, 2010 3:39 PM To: Hollibaugh, Mike P Subject: RE: peeie house remodel (Rangeline Commercial, docket no 0902001 SDR) Rangeline District, LLC After doing some quick math, the lot cover is about 56 and the old town overlay requires less than 70% for uses non- residential. Plus, they got a BZA variance to have 80% lot cover for commercial use 60% for residential use, as well, so they are okay. -Angie From: Hollibaugh, Mike P Sent: Wednesday, August 04, 2010 3:29 PM To: Conn, Angelina V Subject: RE: peele house remodel (Rangeline Commercial, docket no 0902001 SDR) Rangeline District, LLC Angie, I'm ok generally, but do we have their lot coverage figured? From: Conn, Angelina V Sent: Tuesday, August 03, 2010 5:03 PM To: Hollibaugh, Mike P Subject: FW: peele house remodel (Rangeline Commercial, docket no 0902001 SDR) Rangeline District, LLC -Angie Conn, Planning Administrator Dear Angie and Mike, Please confirm that this is all you need to release the ILP for the Peele House. Thanks, david 1 Mike this one is for you! (I am okay with letting get the SDR approval for the peele house, contingent upon finalizing the Secondary Plat by Nov. 1, 2010. How does that sound From: David Barker [mailto:barkerlaw @indy.rr.com] Sent: Tuesday, August 03, 2010 2:16 PM To: Conn, Angelina V; Hollibaugh, Mike P; 'Mark Thorpe'; steve @steveschutzbuilder.com; steveschutz79 @sprint.blackberry.net; 'Steve Schutz' Cc: Barkerlawsec @indy.rr.com; pobrien @obrienauto.com; patobl @comcast.net; Blanchard, Jim E; Hollibaugh, Mike P; Hohlt, William G; Brainard, James C; 'Mark Thorpe'; 'BarkerLaw' Subject: RE: peele house remodel (Rangeline Commercial, docket no 0902001 SDR) Rangeline District, LLC As a follow -up to the town council meeting and my discussion with Mike, I met with Steve Schutz just moments ago, and would provide the following: 1. The to -scale site plan with building location and lot coverage has already been submitted, but with this email I will ask Mark Thorpe to re- submit; 2. The colors and building materials are as follows: yellow siding with white trim, black shutters and black roof. Siding to be Hardi -Plank (sic) and roof to be dimensional shingles. Steve will deliver samples of all. Conn, Angelina V From: David Barker [barkerlaw @indy.rr.com] Sent: Tuesday, August 03, 2010 2:16 PM To: Conn, Angelina V; Hollibaugh, Mike P; 'Mark Thorpe'; sieve @steveschutzbuilder.com; steveschutz79 @sprint.blackberry.net;'Steve Schutz' Cc: Barkerlawsec @indy.rr.com; pobrien @obrienauto.com; patob1 @comcast.net; Blanchard, Jim E; Hollibaugh, Mike P; Hohlt, William G; Brainard, James C; 'Mark Thorpe'; 'BarkerLaw' Subject: RE: peele house remodel (Rangeline Commercial, docket no 0902001 SDR) Rangeline District, LLC Dear Angie and Mike, As a follow -up to the town council meeting and my discussion with Mike, I met with Steve Schutz just moments ago, and would provide the following: 1. The to -scale site plan with building location and lot coverage has already been submitted, but with this email I will ask Mark Thorpe to re- submit; 2. The colors and building materials are as follows: yellow siding with white trim, black shutters and black roof. Siding to be Hardi -Plank (sic) and roof to be dimensional shingles. Steve will deliver samples of all. Please confirm that this is all you need to release the ILP for the Peele House. Thanks, david DAVID .I. BARKER, E:So BARI:ER=I? OFFICES. C}: RANGEL NE Rte. CARMFL. i f.IAl A.4' .460.32 (317) (D6 FAX (317) 5 260. barkerlawx i y:rr coin !lease consider the environment before printing this a mail. CONFIDENTIALITY NOTICE: The materials in this electronic mail transmission (including attachments) are the property of the sender. The information contained in the. material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution, transmission or the taking of any action in reliance on the contents of this electronic mail transmission is strictly prohibited. If you have received this electronic mail transmission in error, please immediately notify the sender by sending an e -mail message and deleting the material received in error. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. t From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Tuesday, July 06, 2010 11:33 AM To: Pegasus79 @aol.com; barkerlaw @indy.rr.com Cc: Barkerlawsec @indy.rr.com; steveschutz79 @sprint.blackberry.net; pobrien @obrienauto.com; patobl @comcast.net; Blanchard, Jim E; Hollibaugh, Mike P; Hohlt, William G Subject: RE: peele house remodel (Rangeline Commercial, docket no 0902001 SDR) Good morning, Steve David: Please provide the Planning /Zoning Dept with the proposed building materials and colors. Also, please submit a to -scale site plan showing the building location on the lot, and that also states the lot cover percentage (building footprint and pavement should be included in this calculation.) Also, I do not think that a Secondary Plat was a ever filed with our Dept, to finalize the platting /re- platting of the lots and have the lots legally established and recorded. This needs to be filed, too. Here is a link to the secondary plat application online: www.ci.carmel.in.us/ services DOCS /DOCSPCA2010PDFar plicationsb /Secondary %20Plat Replat %20 %20Applic %202010 %20- %20forms.pdf and we can probably approve the Peele House remodel subject to you filing that SP Application and also providing the other requested info, above. Thanks, Angie Conn, Planning Administrator City of Carmel Planning Zoning Dept 1 Civic Square, 3rd Fir Carmel, IN 46032 0: 317 571 -2417 F: 317 571 -2426 E: aconn @carmel.in.gov W: Website Please consider the environment before printing this e -mail Mike H. From: Hollibaugh, Mike P Sent: Tuesday, July 06, 2010 11:03 AM To: 'Pegasus79 @aol.com'; barkerlaw @indy.rr.com; Conn, Angelina V Cc: Barkerlawsec @indy.rr.com; steveschutz79 @sprint.blackberry.net; pobrien @obrienauto.com; patobl @comcast.net; Blanchard, Jim E Subject: RE: peele house Steve, David, the plans for Peele House are being measured with the standards in Old Town Overlay Ordinance. That is a separate review from the ILP. Angie will be following up with you later this morning or early in the afternoon. From: Pegasus79 @aol.com [mailto:Pegasus79 aol.com] Sent: Sunday, July 04, 2010 11:40 AM To: barkerlaw @indy.rr.com; Conn, Angelina V Cc: Hollibaugh, Mike P; Barkerlawsec @indy.rr.com; steveschutz79 @sprint.blackberry.net; pobrien @obrienauto.com; patobl @comcast.net Subject: Re: peele house There is an application for a remodel permit to the Peele house in the office of Community Development right now. It has been there for at least a week. When I made application I told the staff that if they had any questions to contact me or Mike Hollibaugh. I applied for permit on another job a couple of days after the Peele house application and received a 2 Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, July 14, 2010 4:28 PM To: 'barkerlaw indy. rr.com' Cc: Mark Thorpe; Hollibaugh, Mike P; Blanchard, Jim E Subject: FW: Rangeline Commercial SDR SP Hi David So it seems that once we get the info our dept requested from you for the peele house and peele house site plan, lot cover etc. for docket no 09020001 SDR, we can help you move forward with getting an ILP. But, as far as the final CO for the peele house goes, we would have you first submit to us a Secondary Plat application to get the final plat reviewed, approved, and recorded, in order to make the 5 lots and their new sizes /locations legal. And with that secondary plat approval, hopefully you can work out the drainage and detention issues with the Engineering Dept. I think Mike H is going to try to set up a meeting with Gary Duncan on Monday....) Thanks, -Angie Conn, Planning Administrator From: Hollibaugh, Mike P Sent: Wednesday, July 14, 2010 1:21 PM To: Conn, Angelina V Subject: FW: Rangeline Commercial Angie, when you have a minute would like to talk thru steps remaining. mike From: Steve Schutz mailto :steve @steveschutzbuilder.com] Sent: Wednesday, July 14, 2010 12:48 PM To: Barker; Hollibaugh, Mike P Subject: FW: Rangeline Commercial FYI Steve Schutz Steve Schutz Builders 1016 3rd Ave Carmel In 46032 office 317- 846 -6642 cell 317 -710 -2343 fax 317 -814 -2231 Steve From: Mark Thorpe [mailto:mthorpe @schneidercorp.com] Sent: Wednesday, July 14, 2010 7:54 AM To: Steve Schutz Cc: Dave Sexton Subject: Rangeline Commercial 1 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, July 06, 2010 11:33 AM To: Pegasus79 aol.com'; 'barkerlaw@ indy.rr.com' Cc: 'Barkerlawsec @indy.rr.com'; steveschutz79@ sprint.bla'ckberry.net'; 'pobrien @obrienauto.com'; 'patobl comcast.net; Blanchard, Jim E; Hollibaugh, Mike P; Hohlt, William G Subject: RE: peele house remodel (Rangeline Commercial, docket no 0902001 SDR) Good morning, Steve David: Please provide the Planning /Zoning Dept with the proposed building materials and colors. Also, please submit a to -scale site plan showing the building location on the lot, and that also states the lot cover percentage (building footprint and pavement should be included in this calculation.) Also, I do not think that a Secondary Plat was a ever filed with our Dept, to finalize the platting /re- platting of the lots and have the lots legally established and recorded. This needs to be filed, too. Here is a link to the secondary plat application online: www.ci.carmel.in.us/ services DOCS /DOCSPCA2010PDFapplicationsb /Secondary %20PIat Replat %20 %20Applic %202010 %20 %20forms.pdf, and we can probably approve the Peele House remodel subject to you filing that SP Application and also providing the other requested info, above. Thanks, Angie Conn, Planning Administrator City of Carmel Planning Zoning Dept 1 Civic Square, 3rd Fir Carmel, IN 46032 0: 317 571 -2417 F: 317 571 -2426 E: aconn @carmel.in.gov W: Website Please consider the environment before printing this e mail From: Hollibaugh, Mike P Sent: Tuesday, July 06, 2010 11:03 AM. To: 'Pegasus79 @aol.com'; barkerlaw @indy.rr.com; Conn, Angelina V Cc: Barkerlawsec @indy.rr.com; steveschutz79 @sprint.blackberry.net; pobrien @obrienauto.com; patobl @comcast.net; Blanchard, Jim E Subject: RE: peele house Steve, David, the plans for Peele House are being measured with the standards in Old Town Overlay Ordinance. That is a separate review from the ILP. Angie will be following up with you later this morning or early in the afternoon. Mike H. From: Pegasus79 @aol.com [mailto:Pegasus79 aol.com] Sent: Sunday, July 04, 2010 11:40 AM To: barkerlaw @indy.rr.com; Conn, Angelina V Cc: Hollibaugh, Mike P; Barkerlawsec @indy.rr.com; steveschutz79 @sprint.blackberry.net; pobrien @obrienauto.com; 1 4 Schneider October 2, 2009 Historic Fort Harrison Attn: Mr. Gary R. Duncan, Jr. P.E. Assistant City Engineer City of Carmel Department of Engineering One Civic Square Carmel, IN 46032 RE: Rangeline Commercial ?P =its 1 NE Corner of Range Line Road and 4 Street NE Dear Gary: 8901 Otis Avenue Yesterday, we received an e-mail from the Carmel Planning Department which stated that the Engineering Department was not in support of the approval of the Rangeline Commercial project that is scheduled to go before the Special Studies Committee next Tuesday, October 6, 2009. In that e-mail, there were 6 comments from your department that still needed to be addressed. Below is a response to each of the comments from the Engineering Department: 1. The land plan does not accommodate (or indicate dedication of additional right -of -way for) a 45 -foot half right -of -way on Rangeline Road. The attached plan has been revised showing a proposed 45' half right -of -way on Range Line Road as requested. 2. It is not apparent that detention is being provided. l expect that detention will be underground and not negatively impact the land plan; however the location of the underground system might impact other design elements and results in an impact on the land plan. Our records show that Preliminary Drainage Calculation were prepared and submitted in April 2009. However, we don't know if they were submitted to your office. Revisions have been made to those calculation based on your comments. Attached is the revised report. 3. A basic drainage summary (required by the Storm Water Technical Standards) has not been provided. Please see the attached Preliminary Drainage Calculations. 4. The Department still needs to understand the basic drainage and storm water management concept. Direct runoff areas will not be accepted. Please see the attached Preliminary Drainage Calculations. 5. The land plan relies on the vacation of the existing alley right -of -way which requires Council approval. Indianapolis, Indiana Historic Fort Harrison 8901 Otis Avenue Indianapolis, IN 46216 Toll-Free: 866.973.7100 West Lafayette, Indiana 1330 Win Hentschel Boulevard Suite 100 West Lafayette, IN 47906 Ames, Iowa 1606 Golden Aspen Drive Suite 110 Ames, IA 50010 CO Q The Sch eider Corporation Indianapolis, IN 46216 -1037 Phone: 317.826.7100 Fax: 317.826.7200 it I S I Gt walk C j 1�9'�► f AN ?www-echneleercoypAo, Charlotte, North Carolina 8001 Arrowridge Boulevard Charlotte, NC 28273 t: \7k\ 7310 \002 \docs \correspondence\tac comments\engresponse_1 00209.docx One of the requests of the Planning Department is that this alley remain open for possible future improvements. The plan was revised to remove the curbing along the north side of the entrance for future connection. A stub to the north was also added to the plans. 6. The current land plan provides only one accepted BMP. Snout BMP's are no longer acceptable. The proposed pervious paver /pavement BMP is acceptable provided that there is adequate area on the site for a properly sized system. Basic calculations should be provided to support the concept and a second BMP needs to be indicated. The snout has been removed from the plans. Please see the attached Preliminary Drainage Calculations for an explanation of the planned BMP's. Gary, we hope that this has been helpful in explaining resolutions to your remaining concerns. Please do hesitation to call if you have any additional questions or if you would like to meet. Sincerely, The Schpeider Corporation Mark Thorpe, R.L.A. Engineering Project Manager Indianapolis, Indiana Historic Fort Harrison 8901 Otis Avenue Indianapolis, IN 46216 Toll-Free: 866.973.7100 West Lafayette, Indiana 1330 Win Hentschel Boulevard Suite 100 West Lafayette, IN 47906 Ames, Iowa 1606 Golden Aspen Drive Suite 110 Ames, IA 50010 ;ireid erco ryrca rn Charlotte, North Carolina 8001 Arrowridge Boulevard Charlotte, NC 28273 t: \7k\ 7310 \002 \docs \correspondence \tac comments \engresponse_100209.docx Conn, Angelina V From: Duncan, Gary R Sent: Wednesday, May 13, 2009 2:12 PM To: Conn, Angelina V Cc: Redden, Nick; Barnes, David R Subject: RE: Rangeline Commercial (Steve Schutz project) Attachments: SKMBT_C45109051313030.pdf Angie, Please see the attached review letter. There are still some significant issues with the proposed Primary Plat. We cannot support this moving forward. I have no issues with them not improving the alley all the way to 5 Street. However, there will be a pavement cut towards 5 Street that will require BPW approval and further scrutiny. Based on the depth of the installation, the majority of the existing pavement may need to be removed and the BPW may require full depth pavement to local street standards rather than a patch. This, of course, might impact the cost of the project. Gary From: Conn, Angelina V Sent: Tuesday, May 12, 2009 4:09 PM To: Duncan, Gary R Cc: Redden, Nick; Barnes, David R Subject: Rangeline Commercial (Steve Schutz project) c Page 1 of 1 4p) Hi Gary for this project referenced below, does your dept have any issues with the petitioner not improving /extending the alley all the way up to 5th? Are there any major issues /concerns that I should add to the Dept report? 4 -5H. Docket No. 09040007 PP Amend: D Wilkinson's Addition, Lots 13 -15 (Rangeline Commercial): The applicant seeks primary plat amendment approval to create 5 lots from 3 and also seeks the following waiver: Docket No. 09040008 SW SCO 6.05.01 lot with 50 -ft The site is located at 411,421,431 N Rangeline Rd. It is zoned B -5 /Business within the Historic Rangeline Subarea of the Old Town Overlay. Filed by Steve Schutz of I.E. Investments, LLC. Thanks, Angie 5/13/2009 Dear Mr. Schutz: May 13, 2009 Mr. Steve Scliutz. LE. Investments, LLC 1016 3" SW, Suite 100 CanneL'IN 46032 JAMES BRAINARD., MAYOR RE: Range Line Road Commercial-Project Review The City-has received the revised Primary Plat dated April 24,2009. We.offer the following comments: COMMENTS FROM LETTER DATED MARCH 2, 2069 I We request that all responses to our comments be provided in writing and be accompanied by a drawing reflecting the requested reviSions. Failure to provide Written, responses_mayfestilt m the delay of the No written responses to the previously issued comments were provided With the submittal. 2. It is critical that this:office be made aware of alt made on the plans being re4subniittedparticUlarly ifany such changeS are considered "new" or fall outside of our previous reyiews. Please provide revised plans including all revisiOns. Please notify us of any changes and specifically state any changes, including changes resulting from Plan Commission, BZA or other committee ineetings.-The changes made to,the-PriMary flat were not identified. 3. Compliance with the Thoroughfare Plan includes conStruttibri:Of the improvements prescribed by the Thoroughfare Plan across the frontage controlled by the development (including sections with nnaCcess). Typically, developers provide a commitment equal to the value to construct these improvements for deposit into the City''s non-reverting thoroughfare fund. The City has established a value of $130/1f of frontage for the construction ofthe itnprovements,stipillated by the Thoroughfare Plan. Based on this cost, the commitment would equal to approximately $36,000for the frontage of the development Construction of any portion of the improvements stipulated by the Thoroughfare Plan would be,credited against the commitment (such as the,intilti-use path) The cormnitrnent amount is based on the developer's costs of construction as approved by the city. A response.to this comment was not provided. 4. If any portions of the existing east-west and north-south alleys are to be vacated, the vacation process must first be presented to the BPWS for recommendation._ Final approval of vaeatedright of way is under thekiriSdiction of City Council. Vacation of Right Way procedures are available on request: A response to this comment was not provided It is apparent that the Primary Plat still intends to vacate the right-of-way in favor of an access easement. Council approval is therefore required: 51 General Comments DI:PAMMI:NT ENGINEIIIRING Civic CAio:IEL, IN 46032 O1. IF 317:57L2441 EA 317.571.2439 EMAIL engineering@6rnieLii-LgIA'.' Mr. Stee.S.einitz May 13,2009 RE: Line Commercial-Project Review #1 Page 2 of 3. a. This project is subject to the City's Storni Water Manangement and Storm Water Quality Ordinances. Itis not apparent where storm water detention is being b. Please contact Amanda Foley, Storm Water AchninistratOr, to review Storm water quality' /treatment requirement's A Storm Water Pollution Prevention Plan (SWPPP) will be required along With the City of CartnerS Storm Water 'Management -Permit Application. Provide easements for all Best Management Practice for post-construction water quality.- The proposed Catch Basin Snout is nbtan acceptable BIVIP. No documentation has been provided fortho adequacy of the porous pavement system to adequately treat the storm water runoff td quiliffiS'one Of the-two required BMP's. 6. City Standaid Orb is to be used for the project In addition,- include the City of CarnietCtirb POliey: on the set. Curb detail are available on the City's website.It is not apparent that this curbing is proposed for installation 7. Bicycle parking aa'recitiiied bythebepartment Of Coninimity;Services shall be shown on the plans. It is not apparent that any bicycle parking has been provided, 8. OneifWay: traVel into the Site from Range Line Road. 111 the alley/public right- of-way will require Board' of Public Works, and Safety and/or City Conned approval. A resiiiiiise to this comment vas nOt prOVided. Please refer to Comment No. 4 of this letter. An ATP path will beireqUired across the entire frollageOf.14l1ge Road and 4th Street NE. Cotifiritiation Of the proposed path width and thateriall Of &instruction shall be made with the Department Community Services lIfis not apparent that this ATP path ig for installatibn. 10. Confirm thafthe number of porous pavers shownis adequate to treat total runoff of the parking area as indicated. The Ail tiasWirl structure will need to be located further'aVkia 'fibril .the right of way line cif the east alley. A response to this conttnentwas not provided Please refer to Comment No 5 (b) of this letter. 11. Detention of storm water need to follOwthe requirements Of the City of Carmel redevelopmetiquidelines. A response to this commenfwas not provided. Please refer to Comment NO .-5 (a) of this letter. 12. Provide requisite storm-water/drainage information required by Section 100 of the City of Carmel Storm Water Technical Standards Manual within the construction set (I.E.4re-developeCi/post developed release rates, allowable aethatcfs, etc.). This infortuationls required for Primary Plats and is not indicated on the recent su bmittaL 13. Right of way dedication &or Range Line Road and for 4th Street NE shall adhere to the 'requirements Of the City of Carmel's 20-year Thoroughfare Plan. The existing rights-of-way do,not satisfy the requirements .of the City's 20-year Thoroughfare Plan and no additional right is indicated. 14. Pleaseprovide adequate grading along theitcirth Oropeity Iine for prevention of sheet drainage onto adjoining property;The Department:cannot-evaluate this item. The area reserved for this' transition is only-5 Ifitioreis needed, this could have a negativeimpact on the proposed land plan. 15. Pleasinclicatescilib return radii for the 4 Street NE proposed access street/drive and label the curb return radii for both Of the access streets/drives. A response to Mr. Ste■ie Schutz May 13,2OO9 RE: Range Line Commercial-Project Review #1 Page 3 of 3 this comment vvas not provided and the radii are not labeled. The Department could not evaluate this issue. If you have questions, please cc me at 571-2441. Sincerely, Gary R. D ncan Assistant City EnW Or Department of Engineering cc: Angelina Conn, Department of Community Services John Duffy, Carmel Utilities Paul Pace, Carmel Utilities Paul Arnone, Carmel Utilities Greg Ilko, Crossroad Engineers, PC The Schneider Corporation Department Review/File Copy isvrapps \user dataNz: \shared OH ILL PROJ REV091RANGELINECOMMERRCIALREV# 1 Conn, Angelina V From: Brewer, Scott I Sent: Wednesday, May 13, 2009 10:47 AM To: 'Brandon Burke' Cc: Conn, Angelina V; Holmes, Christine B Subject: Landscape Plan Comments for Rangleline Commercial Dear Brandon: Here are my initial comments on the landscape plan: 1. There are several large existing trees that are on the plan to be removed, and a couple of these could be preserved with a minimum of effort and provide significant impact. The very large spruce tree in the south west quadrant should be preserved, and the very large silver maple in the south east quadrant should also be preserved. This can be done by boring or rerouting a sewer line between the southern two homes and extending the curb our around the structural roots of the tree in the parking lot. 2. Young hardwood trees (oaks, maples, lindens, etc.) have recent been planted near the east property line, are those trees going to remain in place? They may be too near the overhead power lines that run along the property now, and they appear to have been planted in the right -of -way. 3. Tree preservation fencing should extend completely across the north perimeter for tree preservation purposes and parallel to the sidewalk on the west side for the street trees there. 4. If the shrubs are to be used as a screen on the east and or the south, please choose alternative species other than globe arborvitae and Miss Kim lilacs. Arborvitae varieties that would be better at screening would be Pyramidal, American, Emerald green, Techny, or Sunkist, They could be used in conjunction with a native shrub such as black haw viburnum. 5. More large maturing shade trees should be planted in the open lawn areas to ad shade to the parking lot Please contact me if you have any questions or comments, by email or phone. Scott Brewer, City Forester Environmental Planner, DOCS City of Carmel, One Civic Square Carmel, IN 46032 PH: 317- 571 -2478 FAX: 317- 571 -2426 Urban Forestry is the center of sustainability for municipalities 5/13/2009 Page 1 of 1 Conn, Angelina V From: Conn, Angelina V Sent: Thursday, April 09, 2009 12:04 PM To: 'BarkerLaw @indy.rr.com' Cc: Hollibaugh, Mike P; Holmes, Christine B; 'steve @steveschutzbuilder.com'; 'Brandon Burke'; Littlejohn, David W Subject: RE: Docket No. Assignment: (SDR) DE Wilkinson's Addition, Lots 13 -15 #09020001 SDR) Hi, David: Here are the updated review comments for this SDR petition, below. 1" Zoning Ordinance Section 26.04: Bufferyards MIGHT apply to this site. (We will verify with the city forester today.) Ji m Please provide a landscape plan, and incorporate the preserved trees /shrubs into this plan. Please provide architectural building elevations, all 4 sides, and proposed materials and colors. Or, submit photos of the historic homes that will be placed on this site. Please provide the signage locations /design /colors /materials, if you would like them to be reviewed /approved at this time. Please provide the fencing locations /design /colors /materials, if you would like them to be reviewed /approved at this time. Please email all revised site plans to the Technical Advisory committee members to get their comments /concerns. This also goes for the Primary Plat Amendment document with the signature page. The TAC members list is found online at: http: /www.ci.carmel.in.us/ services /DOCS/TAC2009/TAC %20members% 20revised %2002.06.09.pdf Bike Parking spaces may be required. Please verify this with David Littlejohn, Alternative Transportation Systems Coordinator. (He is copied on this email). (The Primary Plat Amendment petition will be docketed and reviewed today or tomorrow.) Thank you, Angie Conn Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 317.571.2417 317.571.2426 fax 4/9/2009 Page 1 of 1 LAJL/P �b (Qb� a vv lo w idi' d ap,t o 0 c ac_ S k e_eA t 9 Cc r 7 S 6v�vla� Conn, Angelina V From: Sent: To: Conn, Angelina V Thursday, April 09, 2009 11:56 AM Brewer, Scott I Cc: Hollibaugh, Mike P; Holmes, Christine B Subject: 421 -431 n rangeline rd (DE Wilkinson's Addition, Lots 13 -15 #09020001 SDR)) Hi Scott Would this site need to follow section 26.04 bufferyards, in addition to the old town overlay requirements.... Or would they only have to comply with the historic range line rd subarea (old town overlay) requirements for landscaped yards? This is the site plan brought in by david barker and steve schutz. You might be familiar with it, where they tore down a contributing building, some trees, etc. Angie From: Conn, Angelina V Sent: Monday, February 09, 2009 10:15 AM To: Stewart, Lisa M; 'BarkerLaw @indy.rr.com'; 'steve @steveschutzbuilder.com' Cc: Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; 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 Subject: Docket No. Assignment: (SDR) DE Wilkinson's Addition, Lots 13 -15 #09020001 SDR) I have issued the necessary Docket Number for (SDR) DE Wilkinson's Addition, Lots 13 -15. It is the following: Docket No. 09020001 SDR: DE Wilkinson's Addition, Lots 13 -15 The applicant seeks site plan design review approval for a 5 lot office /retail development with historic homes. The site is located at 411,421,431 N Rangeline Rd. It is zoned B -5 /Business within the Historic Rangeline Subarea of the Old Town Overlay. Filed by Steve Schutz of Steve Schutz Builder, Inc. SDR Application Fee: $416.00 Total Fee: paid Petitioner, please note the following: 1. This item does not require review by the Technical 2. Mailed and Published Public Notice does not need 3. Proof of Notice is not needed. 4. The Filing Fee must be paid before issuance of the Carmel). 5. This Item will be reviewed administratively. Steve Schutz can be contacted at 846 -6642. Dave Barker, attorney, can be contacted at 506 -4394. PETITIONER: refer to your instruction sheet for more detail. 4/9/2009 Advisory Committee. to occur. Page 1 of 2 letter of decision. (Checks can be made out to the City of Planning/Zoning preliminary review comments: 1) Zoning Ordinance: Section. °26.04_ bufferyards MIGHT appIy this site7We will.verify with"the city forester:: 2) When you file the primary plat amendment application, you might need a subdivision waiver from Subdivision Control Ordinance 6.06.01 for the 15 -ft and 20 -ft wide easements. 3) What are the proposed land uses? Retail and office? 4) The overlay states no curb cuts on Rangeline if there is access from a side road. This may not apply, since you are only shifting the alley north. We will verify this with the Engineering Dept. 5) We need the square footage of each building to calculate the parking requirements. We estimate a requirement of 17 parking spaces (and that is with the 50% reduction per the old town overlay). 6) A tree preservation plan should be submitted. Please work with the City Forester. Conn, Angelina V From: Holmes, Christine B Sent: Thursday, April 09, 2009 10:11 AM To: Conn, Angelina V Subject: FW: Rangeline Commercial Applications 411, 421 431 North Rangeline Attachments: PrimaryPlat2009.pdf; Development Standards Variance 2009.pdf; _AVG certification_.txt; 2009 Rangeline 411.xls; 2009 Rangeline 411 II.XLS Christine Barton Holmes, LEED AP Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 317.571.2424 317.571.2426 fax Please consider the environment before printing From: David Barker [mailto:barkerlaw @indy.rr.com] Sent: Wednesday, April 08, 2009 2:21 PM To: Holmes, Christine B Cc: 'Brandon Burke'; 'Steve Schutz'; Pegasus79 @aol.com; tom @tomlazzara.com; 'Pat O'Brien'; 'pato'; Hollibaugh, Mike P; Tawana Majors'; Worthley, Matthew D; Blanchard, Jim E; Olds, Les; 'BarkerLawSec'; 'Barker' Subject: FW: Rangeline Commercial Applications 411, 421 431 North Rangeline Christine, Thank you for meeting with me this morning. I have attached the Application for Replat and Application for DSV (please note that I was unable to delete the minimum side -yard set back request, but will do so by hard copy, if you just want to cross out on your version that would be great). Also as discussed I have not filed the special use request due to our review this morning. I have also attached the address list for both BZA and Plan Commission. Please provide docket #'s and amount of filing fee and I will get hard copies to you ASAP. Mike, Likewise thanks for meeting. I will follow -up with Mr. Blanchard for release of the Foundation Permit and will look forward to release of the demo permit. I will continue to work with your office and the CRC to achieve what we have discussed. Thanks again, David Tawana, Please get to me ASAP the auditors certification etc. of the addresses as attached. Thanks, david Steve, Please follow -up with Jim Blanchard's office and then provide a date when the foundation will be completed so that I may inform the CRC for the schedule of the move. Thanks, david David J. Barker BARKER LAW OFFICES 650 N. Rangeline Road Carmel, IN 46032 (317) 506 -4394 Fax: (317) 575 -6260 4/9/2009 Page 1 of 4 April 9, 2009 David Barker I.E. Investments, LLC 1016 3rd Avenue SW Carmel, Indiana 46032 Dear Mr. Barker: City of Carmel RE: Rangeline Commercial, Docket Nos. 09040005 V, 09040006 V VIA email This letter is in response to your Development Standards Variance applications for Rangeline Commercial. Please complete the following: 1. Please provide details on parking, including locations of stalls and estimated parking spaces per use /building. 2. Please provide additional details on landscaping, existing and proposed. 3. If you anticipate having any signs for commercial tenants, please work with our Sign Permit Specialist, Rachel Boone, on a sign package. If you have any questions or if I may be of assistance, please feel free to call. Sincerely, Christine Barton- Holmes, LEED AP Planning Administrator File: Rangeline Commercia109040005 -6 CC. Michael Hollibaugh Angie Conn Rachel Boone ONE CIVIC SQUARE Page 1 CAR VIEL, INDIANA 46032 317/571 -2417 Conn, Angelina V From: Hollibaugh, Mike P Sent: Wednesday, April 08, 2009 5:57 PM To: David Barker; Holmes, Christine B Cc: 'Tawana Majors'; Worthley, Matthew D; Blanchard, Jim E; Olds, Les; BarkerLawSec'; Conn, Angelina V Subject: RE: Rangeline Commercial Applications 411, 421 431 North Rangeline Thanks David for your time today and follow -up. David, fyi, the petitions hearings will both occur in May, the BZA on May 18, the Plan Commission on May 19. The May BZA hearing was moved up from its normal 4th Monday, due to the Memorial Day holiday. Jim B, we are ready to issue the ILP for the foundation of the Peele house. Please adjust the application to indicate this as a commercial accessory building (to the primary building at 411 N. Range Line (parcel no.1610300901029000), keeping in mind how P -H will fit with the proposed lot lines for the new parcel where it will ultimately be located. Angie and Christine; please get review letters completed and out asap to make sure we have all the issues covered with the current applications /plans now on file. I appreciate everyone's effort and understanding on this. Mike Hollibaugh From: David Barker [mailto:barkerlaw @indy.rr.com] Sent: Wednesday, April 08, 2009 2:21 PM To: Holmes, Christine B Cc: 'Brandon Burke'; 'Steve Schutz'; Pegasus79 @aol.com; tom @tomlazzara.com; 'Pat O'Brien'; 'pato'; Hollibaugh, Mike P; Tawana Majors'; Worthley, Matthew D; Blanchard, Jim E; Olds, Les; 'BarkerLawSec'; 'Barker' Subject: FW: Rangeline Commercial Applications 411, 421 431 North Rangeline Christine, Thank you for meeting with me this morning. I have attached the Application for Replat and Application for DSV (please note that I was unable to delete the minimum side -yard set back request, but will do so by hard copy, if you just want to cross out on your version that would be great). Also as discussed I have not filed the special use request due to our review this morning. I have also attached the address list for both BZA and Plan Commission. Please provide docket #'s and amount of filing fee and I will get hard copies to you ASAP. Mike, David J. Barker BARKER LAW OFFICES 4/9/2009 Tawana, Please get to me ASAP the auditors certification etc. of the addresses as attached. Thanks, david Steve, Page 1 of 4 Likewise thanks for meeting. I will follow -up with Mr. Blanchard for release of the Foundation Permit and will look forward to release of the demo permit. I will continue to work with your office and the CRC to achieve what we have discussed. Thanks again, David Please follow -up with Jim Blanchard's office and then provide a date when the foundation will be completed so that I may inform the CRC for the schedule of the move. Thanks, david 650 N. Rangeline Road Carmel, IN 46032 (317) 506 -4394 Fax: (317) 575 -6260 barkerlaw indy. rr.com Please consider the environment before printing this e CONFIDENTIALITY NOTICE: The materials in this electronic mail transmission (including attachments) are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution, transmission or the taking of any action in reliance on the contents of this electronic mail transmission is strictly prohibited. If you have received this electronic mail transmission in error, please immediately notify the sender by sending an e -mail message and deleting the material received in error. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: BarkerLaw [mailto:barkerlaw indy.rr.com] Sent: Wednesday, March 11, 2009 2:15 PM To: 'BarkerLawSec'; barkerlaw @indy.rr.com; 'pato'; pobrien @obrienauto.com; tom @tomlazzara.com Cc: 'Steve Schutz' Subject: FW: Rangeline Commercial Applications FYI david David J. Barker, Esq. BARKER LAW OFFICES 650 N. Rangeline Rd. Carmel, Indiana 46032 (317) 506 -4394 Fax (317) 575 -6260 barkerlaw @indy.rr.com Please consider the environment before printing this e-mail. Page 2 of 4 CONFIDENTIALITY NOTICE: The materials in this electronic mail transmission (including attachments) are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution, transmission or the taking of any action in reliance on the contents of this electronic mail transmission is strictly prohibited. If you have received this electronic mail transmission in error, please immediately notify the sender by sending an e -mail message and deleting the material received in error. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Brandon Burke mailto :bburke @schneidercorp.com] Sent: Tuesday, March 10, 2009 1:40 PM To: Steve Schutz; David Barker Subject: Rangeline Commercial Applications 4/9/2009 David /Steve- Please review all of the attached applications. Applications not 100% complete, but ready for final discussion. Page 3 of 4 Primary Plat: There is a section for "development standards waiver" Development Standards Variance: There are areas to indicate reasons to support variances and misc finding of facts, would like input. Special Use: There are areas to indicate reasons to support special use and misc finding of facts, would like input. In general, there are several other questions on the forms. Please review all of my statements or items left blank and provide input. Project Name? Anything different than Rangeline Commercial? SPECIAL USE: I met with Angie Conn towards the end of last year to briefly discuss the concept of the project. She mentioned that in a B5 zoning district, the use we are presenting was considered Multi Family which requires a special use based on the Use matrix. Residential on a second floor over office /retail was indicated multi family based on our conceptual discussion. Therefore, I'm under the impression we may need to seek a Special Use through the BZA. Has this been brought up in your discussions? I can call to verify, at the time I may not have been fully aware that only 1 residential unit would be on the second floor and if that makes a difference or not. Mixed -Use structure is not defined on that Use Matrix, I believe and therefore this may need to confirmed. In regards to lot coverage (footprint pavement): Current estimate: Lot 1 -69.1% Lot2 -75.8% Lot 3 60.3 Lot4 -53 Lot 5 45 The ordinance maximum reads: single family 45 all other uses 70% Any comments made during the primary plat or ADLS (construction plan) approval process may impact the lot coverage. Dedicating r/w reduces open areas but also reduces lot size, so the impact should not be significant to the percentage. I'm suggesting to bump up the lot coverage to 60% and 80% for some flexibility. Right -of -Way As mentioned, 20yr thoroughfare plan indicates: Rangeline to be a total r/w of 90ft. Ex is a 34.11 ft "half' apparent r /w, therefore dedicate an additional 10.89 feet approx. to get the 45ft half. The minimum for residential Streets is a total r/w of 40 ft. Ex apparent total r/w is 30ft. Some chance they would ask for an additional 5 ft of r/w along 4 street. Please note that Steve's previous project did dedicate additional r/w along Rangeline Road to provide a 45ft half r /w. However, that project did not dedicate additional r/w along 4 Street. It stayed a 15ft half r/w or the apparent total r/w of 30ft. Schneider Brandon T. Burke, P.E. Project Manager The Schneider Corporation Direct: 317.826.6403 Cell: 317.945.3753 4/9/2009 www.schneidercorp.com No virus found in this incoming message. Checked by AVG www.avg.com Version: 8.0.237 Virus Database: 270.11.9/1990 Release Date: 03/09/09 07:14:00 4/9/2009 Page 4 of 4 Conn, Angelina V Mr. Barker may be reached at 317.506.4394 4/9/2009 I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for Rangeline Commercial. It will be the following: Docket No. 09040005 V $1133.50 initial 535.50 x 2 parcels 2204.50 Docket No. 09040006 V $535.50 x 3 parcels 1606.50 Total Fee: $3811.00 Rangeline Commercial The applicant seeks the following development standards variance approvals for building restoration: Docket 09040005 V Section 23D.03.A.1.a.ii Lot width reduced to 45' for all uses Docket 09040006 V Section 23D.03.A.1.a.iii Lot coverage increased to 60% residential /80% commercial The three sites are located at 411 -431 North Rangeline Road Filed by David Barker of Barker Law for I.E. Investments, LLC. Page 1 of 2 From: Holmes, Christine B Sent: Wednesday, April 08, 2009 3:30 PM To: Blanchard, Jim E; Boone, Rachel M.; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B; Donahue -Wold, Alexia K; Duncan, Gary R; Ellison, Christopher M; Foley, Amanda J; Hancock, Ramona B; Hohlt, William G; Hollibaugh, Mike P; Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N; Littlejohn, David W; Martin, Candy; Mast, Darren (dmast @carmel.in.gov); Mindham, Daren; Miser, Craig; Pohl, Bryan W; Stewart, Lisa M; Tingley, Connie S; Weddington, Trudy A. Cc: barkerlaw@ indy. rr. com'; 'bburke @schneidercorp.com' Subject: Docket No. Assignment: Rangeline Commercial (09040005 -6 V) Petitioner, please note the following: 1. This item does not need to be reviewed by the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Thursday, April 23, 2009. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see attached pdf). You will also need to obtain addresses of surrounding owners from the Hamilton County Auditor's Office (317.776.8401). Please be aware that this may take up to five business days. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, May 15. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, May 8. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the June 22, 2009 agenda of the BZA. 5. This Item will appear on the May 18, 2009 agenda of the Board of Zoning Appeals. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled to the June 22, 2009 meeting. 8. PETITIONER: refer to your instruction sheet for more details. Department's Review Comments; petitioner, please complete the following: 1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317- 444 -7163 or email: publicnotices indystar.com). 2.) Please make checks payable to the City of Carmel. 3.) Please provide filled out and notarized placement of public notice sign affidavit. 4.) Please provide proof of notice from the Indy Star. Thank you. Christine Barton Holmes, LEED AP Planning Administrator Department of Community Services City of Carmel One Civic Square Carmel, Indiana 46032 317.571.2424 317.571.2426 fax Ev, Please consider the environment before priming 4/9/2009 Page 2 of 2 Wren 2, 2009 Mr Schutz LE hivestmentS, LLC 1016 3 1. Avenue .SW, Suite 100 Carmel; IN 46032 Dear Mr. Schutz: RE: Range Line Road coinntereittl-Project Re View #1 JAMES BRAINARD; MAYOR DEPAR1 NIENT or ENGINEERING ONI-: (RIG SQUARE CARMEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439 ENIAIL engineeriiu@carmd.in.gov The City has received theExisting Features and Site Analysis Plan on February 6, 2009. We offer the following comments: GENERAL INFORMATION 1. These CoinnieWrepresent the Deparnnent of Engineering's,first review of the Existing Features ,4-Site Analysis Plan for Range Line CoMinereiaL 2. We request that all responses to our comments be provided in writing and be accompanied by a drawing reflecting the requeSted revisions. Failure to provide written responses may result in the delay oldie review process. 3. It is that this be made aware of all modifications made on the plans being re- subinitted,pattieularly if any such changes are considered new or fall outside of our previous reviews Please provide revised plans including all revisions Please notify us of any changes and specifically State any changes, including changes resulting from Plan ComMission, BZA or Other 4. We have engaged Crossroad EnginderS, PC to review all drainage plans and drainage calcblatiOns to this office for review. If yon'haVe not already done so, please provide a Set plans and calculations to their office for review.- We will share Crossroad' S comments as they are received. 5. Final draWingS-Will be approved for construction until: a. All Engineering Departinein and Utility Department (and Hamilton County Surveyor if applicable) issues have been resolved. b. All bonds andperforniance guarantees are posted. c. All Board of Public Works and Safety approvals and any Other governing agency approvals (if required) are Obtained. d. All off-site easements necessary to install utilities to serve the development are secured. e. SWPP isupproved. f. All fees are paid. 6. The Department reserves the right to provide additional comments based upon subsequent reviews. 7. An approved Storm Water Management Permit is required prior to commencing any earth disturbing activity. 8. An approved-right-of-way permit is required prior to commencing any work in the public right-of-way, including accessing the site with construction equipment. 9. If it will be necessary to reIocate utilities, the costs for such relocations are to be borne by the developer. Utility poles shall be relocated to within one foot (1') of the proposed right-of-way: 10. Compliance with the Thoroughfare Plan includes construction of the improvements 4 e prescribed by the Thoroughfare Plan across the frontage controlled by the development (including sections with no access). Typically, developers provide a commitment equal to Mr. Steve Schutz March 2, 2009 RE: Range_ Line Coin riercial- Proj ect Reyiew: 1 Page 2 of.6 the value,to construct these unprovements for•deposit into the City's'non- reverting thoroughfare fund. The C ity has established a value of$13011f of frontag for the construction of the improvements stipulated by the Thoroughfare Plan. Based on this cost,_ the commitment would equal to, approximately-:S36,000for the frontage of the development._ Construction ofany portion oft improvements: stipulated by' the Thoroughfare Plan would be credited a gainst the commitment (such as the multi -use path). The commitment ,amount is based On the developer'-s costs ofconsfruction as approved by the city. 11. The Department requires that "t he: construction drawings be developed in accordance with the City of Carmel_digital submission standards and that all required submittals for Primary?plat, secondary plat, •and construction: drawings be made. The.digital files must be submitted to the Deparhnent Of priet to the approval of the construction ;plans. Please contact the CityQIS Department for the requir_einents._ 12. Jurisdictions: a., The':project site is located within current City of Carmel Corporate Limits. b. Streets, and Right of Way —city -0f.fedrin (Range Line Road, 4` Street NE 5 Street NE, the east- westalley and the north south alley indicated on the plans)" c.: Water City of Carmel Utilities d. Sanitary Sewers City 0(4i—filet—Utilities e. Storm Sewers /Drainage City :Carmel. f. Legal Drains— Hamilton County.Suiveyor's °Office. 13. Drawings •submitted for,approval_ a. The design engineer tritist certify all drawings submitted for final approval r b, This office will require 9 -sets of drawings for approval after all issues have been resolved. The drawings will be stamped as approved and signed by.the City Engineer: and,by Carmel Utilities. The Owner will receive 3 -sets. one of which inust be maintained onthe construction site at all tunes. l4. Carmel Utilities will provide separate reviews of this project for water and sanitary sewer issue "s. Please'as sure that cop ies Of all drawings are sent to: Paul P Paul Arnone Carmel Utilities Distribution 'Carmel Utilities Collection 3450 West 131" Street -901 North Range Line Road Westfield, IN 46074 Carmel, IN 46032, 15. Carmel n el Utilities does subscribe to "Hole Moley" who should be co ta cted directly for all Water main locations. 16. The .foliowingitemsWill be sent electronically :upon request regarding'this correspondence and project:- a. Project Approval Checklist b. Performance /Maintenance Guarantees c. Utility Jurisdictions /Right Of Permits d. Right of Way Dedication documents. e. Vacation of Right of Way Procedures BOARD OF PUBLIC WORKS AND SAFETY 17. A schedule for =Board of Public Works and Safety meeting dates`and agenda deadlines will be sent electronically for.your use upon request. Plea the Engineering Departinent deadlines for submissions to the Board. 18. Any submission to the•,Board requires prior approval by the,Carmel Clay Plan Commission and /or the Board of Zoning Appeals (if applicable) and completion of review by the Technical Advisory Committee. All written requests to be placed on the Board's agenda must include the appropriate Docket Number and the date (or dates) of approval by the Plan Commission and /or the Board of Zoning,Appeals'(if applicable). Mr. Steve Schutz March;2, 2009 RE: Range L ine Commercial-Project Review #1 Page: 3 of 6 19. Water. and Sewer,Availability approval from the Board will be required. This is an EDU approval and the EDUs have not yet been determined. Please reference Items #35 thru 440 below for additional details. 20. Commercial Curb Cut Approval The Range Line Road and 4 Street NE curb cuts will require BPVWS approval. "See Items #45 and 446 below "for additional curb cut requirements. Please provide detailed 8 4 x 11 exhibits of each access location with thecurb cut approval requests 21. Temporary Construction Entrance approval will be required if the site is at a location other than the Iocation_of a perrtranenl curb cut. 22. The installation of any permanent, privately owned and/or maintained improvement (signs, decorative street signs, 'Waifs, streetlights, etc.) within dedicated right of way or_dedicated easements requires the execution of a Consent to Encroach'Agreernent_between the Owner and the tatty, of Cannel. Such agreements are executed bythe, Board of Public Works and Safety. The City. Engineer may approve irrigation system agreements_ 23. Secondary Plat approval or re -plat approval if applicable All performance guarantees must be posted prior to submission ofsecondary plats for Board of Public Works and Safety approval. 24. Dedication ofRight of Way if not platted. 25. Any open pavement cuts of Range Line Road, 4 Stre_et or any portions of dedicated alleys will require Board approval. 26. If any portions of the existing east -west and north- south_alleys,are to be vacated, the vacation process mustfirst be presented to the BPWS for recommendation. Final approval of vacated right of Way is under the jurisdiction of City Council. Vacation of Right of Way procedures are available; on request. BONDING REQUIREMENTS 27. Upon initial review, it appears performance guarantees shall beprovided for the following: a. Right of Way Improvements including demolition, curb cut construction, asphalt path construction, restoration, etc. b. Storm Sewers /Storm Drainage c. Erosion and Sediment Control and Storm' Water Quality. Please contact Amanda Foley, Engineering Department Stormwater Administrator; for details regarding engineer's estimates /performance guarantee requirements for these ttems. 28. The amount of the Performance Guarantee is based upon; a certified Engineer's Estimate for 100% of the cost.of labor and materials to construct the individual improvements, to be provided by the design engineer. Please provide,detailed Engineer's Estimates for each improvement including quantifies, unit costs; pipe sizes and materials, etc. 29. Upon completion and release of individual Performance Gttarantees,'a three -year Maintenance Guarantee will be required. The Maintenance Guarantee amount is based upon 15% of the Performance; amount for. Streets and Curbs and 10% of the amount for all other improvements. 30. Performance Guarantees may be Performance or Subdivision Bonds or irrevocable Letters of Credit. 31. Please reference .the enclosures for more detailed explanation of our procedures. RIGHT OF WAY PERMIT AND BONDING 32. Any work in thededieated right of way of Range Line Road, 4th Street NE or in public alleys will require anappiroved Right of Way Permit and a License:& Permit Bond.. 33. The bond amountis determined by ourRightof Way Manager. However, if the work is included in the scope of work of a required and posted Performance -Guarantee, the Performance Guarantee maybe used to satisfy the bond requirements of the Right of Way Permit. Mr. Steve Schutz_ March 2, 2009 RE: Range Line Commercial- Project Review #1 Page 4 of 6 34. Please:contact'our Right of Way Manager, Fred Glaser, to arrange right of way.penriitting and bonding. AVAILABILITY AND CONNECTION FEES 35. It is assumed that Water and Sanitary, Sewer Availability (acreage) Fees will -applicable or this project. Please confirm with John Duffy of Cannel Utilities. 36. Please provide this office with a listing of the proposed and existing buildings in order to calculate Water and Sanitary Sewer Connection_ Fees. For each building, indicate square footage by floor and by total and indicate the anticipated final use of ea ch building (office, retail, restaurant, residential, etc.). 37 EDU calculations for possible uses include: a. Offices —0.5 'EDU %1000 -ft b. Retail 1.0 EDU /1000 ft? c. Restaurant 0.1 EDU per seat. 38. Current Fees a. Current Water Connection Fee $2,615.00/EDU Water Tap inspection Fee 86.00 /EDU Total $2,701.00 /EDU b, Current Sanitary Sewer Connection Fee 775.00 /EDU Inspection Fee 20.00 /EDU Total 795.00/EDU c. There is also a Development Application Review Fee $150.00 for developments with one customer requiring a water connection $300.00 for developments with more than one customer requiring a water connection. 39. Please be advised that Carmel Utilities •reserves the right to review usage for approved developments if the actual use of the building differs from what the original fee calculations_ were based on. 40. if an entryway irrigation system, other community irrigation system, community swimming pool, community clubhouse or community bathhouse is planned for this development, additional Water Availability Fees and Water Connection Fees will be assessed based upon the size and usage of the system and upon the recommendations of the Director of Carmel Utilities. it is assumed that this would not be applicable to Phase 1 construction. Please confirm all utility information listed above with Carmel Utilities. Please be advised that listed fees are subject to future revisions. CONSTRUCTION DRAWING REVIEW COMMENTS (Der Site Analysis Plan) 41. General. Comments a. This project is subject to the City's Storm Water Manangement and Storm Water Quality Ordinances. b. Please contact Amanda Foley, Storm Water Administrator, to review storm water quality /treatment requirements. A Storm Water Pollution Prevention Plan (SWPPP) will be required along with the City of Cannel's Stonn Water` Management Permit Application. Provide easements for all Best Management Practice systems provided for post construction water quality. c. The final construction set will require an Erosion Sediment Control Plan with phasing, specification, details and the name of the contact person responsible for all practices put into. place. The construction entrance for this project is desired to be accessed from 4 Street NE; not fromRangeline Road.. d. Provide the Minimum Flood Protection Grade (MFPG) and Minimum Lowest Adjacent Grade (MLAG) for proposed structures. These elevations are to be based on the local flooding source for this site. Additionally, provide the City's definitions for MFPG and Mr. Steve Schutz March 2, 2009 RE: Range Line Commercial- Project Review w 1 Page 5 of 6 MLAG on the construction plans. These may be obtained from this office upon request. Provide the offsite 100 -year Flood Route for`this project. e. Please add the following notes to the construction set: o iF IT NECESSARY TO RELOCATE UTILITIES, THE EXPENSE OF SUCH' RELOCATION SHALL, BE THE REPONSIBILITY OF THE DEVELOPER. ,ALL UTILITY POLES SHALL BE LOCATED WITHIN ONE -FOOT OF THE PROPSOEDRIGHT -OF -WAY. ANY PLANNED LANERESTRICTIONS'ON EITHER RANGE LINE ROAD OR 4`h STREET NE REQUIRES BOARD =OF PUBLIC WORKS AND SAFETY APPROVAL NO EARTH DISTURBING ACTIVITIES MAYCOMMENCE WITHOUT AN APPROVED STORM WATER MANAGEMENTPERMIT (SWMP). a THERE ARE TO BE N O WATER VALVES. OR 'MANHOLES WITHIN THE PAVEMENT, CURB, OR SIDEWALK WITHIN THE EXISTING OR PROPOSED RIGHT OF WAY. 42. City Standard curb is to be used for the project. In addition, include the -City of Carmel Curb v Policy on the construction set Curb details are available on the City's website. 43. The City of Carmel Paving Policy will need to be added to the construction set for pavement construction within the City of Cannel property: The alley pavement cross section will be required to meet local street specifications, 44. Bicycle parking required by the Department of Community Services shall be shown on the plans. 45. Entrance aprons within the right of way of Range Line_Road and 4' Street NE are required to be concrete. The entire "Width of the curb cuts will be specified to be depressed curb per City of Carmel Depressed Curb Gutter Detail Standard Drawing #10 -19. Curb radius for commercial driveways is per Standard Drawing #IQ -18B; unless a larger vehicle expected to regularly access the site warrants a larger radius.. 46. One -way travel access into the site from Range Line Road iii the alley /public right -of -way will require Board of Public Works and Safety and /or City Council approval. 47. Stone pipe within existing or proposed right of way, or storm sewers that shall be maintained by the City, regardless of stone sewer jurisdiction, shall,be reinforced concrete pipe (RCP). 48. The storm pipe within the east alley is to be placed as deep as possible for benefit of the surrounding area's, future use. 49. An ATP path wiil be required across 'the entire of Range Line Road and 4 Street NE. Confirmation of the proposed path width and "material of'Construction shall be made with the Department of Community Services. 50. Please indicate amount of drainage directed into 4 Street NE from alley improvements and point of discharge into storm system. If drainage is to be contained within the proposed parking area, please indicate with flow arrows. 51. Confirm :that the_total number of porous,pavers shown is adequate to treat total of the parkin _area as indicated TheAquaswirl structure will need to be located further away from the right of way line of the east alley. 52. Detention of storin water`Will need to follow the, requirements of the City of Carmel redevelopment guidelines.. 53. Provide requisite storm water /drainage n formation required by Section 100 of the City of Carmel Stonti Water Technical Standards Manual within the construction set (1.E., pre developed /post developed release rates, allowable &-actual etc.). 54. Please provide a'Maintenance of Traffic Plan to be used during "the construction of the proposed entrances from Range;Line Road and from 4` Street NE as well as for maintaining access to any properties served off the existing alleys. Mr: Steve Schutz March 2, 2009 RE: Range Line Coirtrnercial- Project Review #1 Page.6 of 6 55. Please not that if open cuts are,required for sanitary and storm sewer construction on Range Line Road and 5' Street, Board of Public Works and Safety approval will he required for each activity. 56. •Right'of way dedication for Range Line Road and for 4 Street NE shall adhere to the requirements of the City of Carmel's 20 -year Thoroughfare; Plan. 57. Please provide adequate: grading along the north property line for prevention of:sheet drainage-onto adjoining property. 5$. All existing entrance irnprovements provided for east -west alley onto the site are to be abandoned and,demolished per the City Property Maintenance Code. 59. Please. provide handicap access and ramps for `public use to all proposed structures. 60. Please indicate curb return radii for the 4 Street NE proposed access street/drive and label the curb return radii for both of "the access streets/drives. If you liave`questions, please contact me at 571 -2441. Since!' y GaryR., DInca' '.E. Assistant. ityEngineer Departiiient of Engineering cc: Angelina Conn, Department of Coinniunity Services John Duffy, Cannel Utilities Paul Pace, Cannel Utilities Paul Arnone Carmel Utilities Greg Ilko, Crossroad Engineers, PC. The Schneider Corporation Department Review/File Copy issvrapps \user dala\z:\ shared\ DH11.LiPROJREV09 \RANGELINECOMMERRCIALREV #1 Conn, Angelina V From: David J. Barker [barkerlaw @indy.rr.com] Sent: Tuesday, February 24, 2009 5:30 PM To: Hollibaugh, Mike P; Conn, Angelina V Cc: Brandon Burke; steve @steveschutzbuilder.com; Pegasus79 @aol.com; Barkerlawsec @indy.rr.com; 'David J. Barker'; 'pato'; 'Pat O'Brien'; tom @tomlazzara.com Subject: FW: Parking Spaces Mike and Angie, As a follow -up to our discussions attached please find Brandon Burke's response on parking and on all other matters for our planned mixed use of retail and office. Please let me know what other applications you need filed in your office so that we may move on demo ASAP. As always, thanks for your time and efforts, david Planning /Zoning preliminary review comments: Brandon Burke's comments in red. Page 1 of 3 1) Zoning Ordinance Section 26.04 bufferyards MIGHT apply to this site. We will verify with the city forester. Depends on the City interpretation. The Overlay district does not specifically address bufferyards. The overlay district does indicate a "landscape" section, which primarily states a paved sidewalk from the front door to the front sidewalk is required, remaining front yard of all buildings will be maintained with a groomed landscape of low shrubs, ground cover, trees, flowers and or grass- that is all that is mentioned for actual landscaping material. There is about 5 to 4.5 feet along the north and east sides of the parking lot to introduce some landscaping to treat the parking lot. These are mixed -use buildings that will resemble homes, so I'm unclear as to how they will look at this. I can see the potential need to treat the parking lot with landscaping such as maintaining some of the existing trees along the north line if possible, and then supplementing the rest with a shrub row screen and some ornamental trees. Interior parking lot island could have some shrubs and some shade trees. 2) When you file the primary plat amendment application, you might need a subdivision waiver from Subdivision Control Ordinance 6.06.01 for the 15 -ft and 20 -ft wide easements. There is an alleyway along the east line, currently existing utilities are within this corridor. Utilities to lots are expected to extend into each lot from here, similar to how the existing homes were serviced. 3) What are the proposed land uses? Retail and office? Depends on Steve's input, so far it could be either. 1 requires more parking than the other, our parking lot spaces should cover for the 3 new building. See parking space email about the counts for the 3 buildings. 4) The overlay states no curb cuts on Rangeline if there is access from a side road. This may not apply, since you are only shifting the alley north. We will verify this with the Engineering Dept. Overlay District states no new curb cuts will permitted along Rangeline Road unless there is no alternative access from a side street. There is an existing curb cut on Rangeline, which we are shifting 10 ft to accommodate the home/building locations. I see this as slightly modifying an existing curb cut and would hope to maintain support from the Dept of Engineering. It is my understanding this would be a 1 -way entrance. 5) We need the square footage of each building to calculate the parking requirements. We estimate a requirement of 17 parking spaces (and that is with the 50% reduction per the old town overlay). I'm forwarding an emailing breaking out the parking spaces for the 3 new buildings and retail verse office space. Number of parking space requirement: Office Space- 1 per 250 sqft Retail Sales /General Service- 1 per 200 sqft Dwelling, Single Family- 2 spaces (excluding private garage) 1500 sqft Office or Retail Space: 3 Building 1 Residential Unit: 3 Buildings 2/25/2009 If Office: 18 office 6 residential= 24 spaces If Retail: 23 retail 6 residential= 29 spaces 50% reduction allowed Office: 12 spaces required Retail: 15 spaces required The City may also hit you up for bicycle parking. ADA spaces and van accessible space. Typically 1 building would require 1 space and 1 van accessible space /striping. The van access striping may lose 1 space. 6) A tree preservation plan should be submitted. Please work with the City Forester. I think we are looking at coming to an agreement and evaluation of the concept plan, the existing topo indicates the existing trees onsite. The ability to preserve trees is also a function of final engineering such as grading and drainage requirements. It appears some trees may be able to be saved along the north property line.... Page 2 of 3 7) Please provide a landscape plan. We could create one, I think we are looking at this conceptually at this point and time invested may be wasted if all the other pieces are not agreeable. I think we would maintain some existing trees along the north property line and supplement some shrubs to achieve a 3ft tall screen along the parking lot, we could created a 3ft tall shrub screen along the east edge of the parking lot with some ornamental trees. Then, interior parking lot islands could have shrubs and some shade trees. This is something we could create, should the bigger concepts seem in line. 8) Please provide building elevations, all 4 side, and proposed materials and colors. Or, submit photos of the historic homes that will be placed on this site. Steve- My understanding is that until we understand the rough footprint of the size of the building and lots allowed conceptually, the time invested in preparing elevations and architectural items could be wasted. I think we are looking for a conceptual site plan approval in order to move forward with more details. 9) When you file the primary plat amendment application, you will need to submit a subdivision waiver request from SCO 6.05.01 because the new lot widths are less than 50 -ft. correct No not less than 50' 10) You will need BZA Development standards variance approval from Zoning Ordinance Section 20D.03 because the lot widths are less than 60 -ft (for commercial uses) in the overlay. I think its 23D.03 This is correct, new construction indicates single family at 50ft, and all other uses at 60 feet. Lots cannot be wider than 90feet. In order to fit this number of buildings in, a variance would be required. 11) Please provide the lot cover which must be less then 70 Lot cover includes pavement and building footprint. This is in the ordinance; I have not performed those calcs but would expect them to be close or a little over using the site plan that maximizes the parking spaces. Including the drive access along those 2 lots rather than separating out alley R/W adds a fair amount to the lot coverage. 12) There is a concern with the garage setbacks and locations. The overlay specifies where detached and attached garages can be. We can discuss this further. As far as placement, the ordinance indicates for attached garages: Attached to the Principle Building so that the front face of the garage is at least fifteen (15) feet further from the Front Lot line than the Front Line of the Principal Building. New attached garages on Corner Lots should be oriented to the side street, rather than to Range Line Road. 13) Please provide the signage locations /design/colors /materials Signage has not been brought at this point. 14) Will there be any fencing? Fencing has not been brought at this point. David J. Barker Barker Law Offices 2/25/2009 2/25/2009 Page 3 of 3 65(Vorth Rangeline Road Carmel, IN 46032 (317) 506 -4394 Fax: (317) 575 -6260 barkerlaw@ indy.rr.com Please consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The materials in this electronic mail transmission (including attachments) are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution, transmission or the taking of any action in reliance on the contents of this electronic mail transmission is strictly prohibited. If you have received this electronic mail transmission in error, please immediately notify the sender by sending an e -mail message and deleting the material received in error. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. Conn, Angelina V From: Conn, Angelina V Sent: Friday, February 06, 2009 3:32 PM To: Hollibaugh, Mike P Subject: 421 431 n rangeline SDR applic Mike upon preliminary review of this site plan, here are my review comments: A\ er S Al Does ZO 26.04 bufferyards apply to this site, since it is in the old town overlay? ,2f Do they need a subdivision waiver from SCO 6.06.01 15 -ft and 20 -ft wide easements? �'j What are the proposed land uses? Retail and office? )41 The overlay states no curb cuts on range line if there is access from a side road. Should we disregard this, since they are only shifting the alley north? 5) We need the square footage of each building to calculate the parking requirements. I estimate a requir me of 17 parking spaces (and that is with the 50% reduction per the old town overlay). e Z t s d ,fd'j We will probably need a tree preservation plan. 7) We need a landscape plan. 04S0 i∎n 30 1 0 PAP SeNsed -U S /S S_ 8) We need building elevations, all 4 side, and proposed materials and colors. S' They will need to submit a subdivision waiver request (with the Primary plat amendment) from SCO 6.05.01 because the new lot widths are less than 50 -ft, AND r09,44 je'r They will need BZA Development standards variance approval from ZO 20D.03 because their lot widths are less than 60 -ft (for commercial uses). We need the lot cover which must be less then 70 Lot cover includes pavement and building footprint. yvv 1 I have a concern with the garage setbacks and locations. The overlay specifies where detached and attached garages can be located. 13) We will need signage location /design /color materials. 14) Will there be any fencing? Feel free to CC Dave barker when you reply to me! UJ/ St iit.p (ive ct e wuctj p1QY►S +a TIC w culed vi' oeri e l j 6 L- Have a great weekend! Angie Conn, Planning Administrator Dept. of Community Services Planning Zoning 1 Civic Square, 3rd Floor City of Carmel, IN 46032 p. 317- 571 -2417 f. 317- 571 -2426 aconn@carmelin.gov Please consider the environment before printing this e -mail 2/6/2009 is iitiecl PP afrvand fiat. Page 1 of 1 Conn, Angelina V From: Hollibaugh, Mike P Sent: Monday, December 15, 2008 10:13 PM To: Blanchard, Jim E; Pohl, Bryan W Cc: Perkins, Tom D; Conn, Angelina V Subject: FW: Carmel v Steve Schutz Builder, Inc. Attachments: Clerk Letter Carmel v Schutz 121508.doc; Appearance Form Carmel v Schutz 121508.doc; Attorney Appearance Carmel v Schutz 121508.doc; Waiver of Initial Hearing Carmel v Schutz 121508.doc Fyi, to keep you in the loop Tom Perkins and I met with Dave Barker on Friday, with the result being the attached filings. Ultimately, it is possible any $$'s involved will be waived (except court costs), in lieu of moving a historic home, (Peele House) onto the property as part of overall project. Please let Tom or me know of any questions or concerns you may have. Mike Mike FYI. My secretary forgot to copy you. Thanks, david David J. Barker Barker Law Offices 650 North Rangeline Road Carmel, IN 46032 (317) 506 -4394 Fax: (317) 575 -6260 barkerla w indy. rr. com rIease consider the environment before printing this e-mail. CONFIDENTIALITY NOTICE: The materials in this electronic mail transmission (including attachments) are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution, transmission or the taking of any action in reliance on the contents of this electronic mail transmission is strictly prohibited. If you have received this electronic mail transmission in error, please immediately notify the sender by sending an e -mail message and deleting the material received in error. From: David J. Barker [mailto:barkerlaw @indy.rr.com] Sent: Monday, December 15, 2008 9:38 PM To: Hollibaugh, Mike P Cc: tom @tomlazzara.com; 'Pat O'Brien'; 'pato'; steve @steveschutzbuilder.com; Pegasus79 @aol.com; 'BarkerLawSec' Subject: FW: Carmel v Steve Schutz Builder, Inc. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: BarkerLawSec mailto :Barkerlawsec @indy.rr.com] Sent: Monday, December 15, 2008 4:16 PM 2/9/2009 Page 1 of 2 November 10, 2008 David J. Barker 650 Range Line Road Carmel, Indiana 46032 RE: 421 and 431 North Range Line Road, Carmel, Indiana 46032 "Real Estate REINSTATEMENT OF DEMOLITION PERMITS Dear Mr. Barker: JAMES BRAINARD, MAYOR Via email barkerlaw(a,indy.rr.com Demolition permits were improperly issued by the City in July of 2008 for two homes on the above referenced Real Estate. Subsequently a stop work order was issued on September 8, 2008, pending a final determination on their reinstatement. The Real Estate is located within the Old Town District Overlay Zone "Overlay Historic Range Line Road Sub Area( "Sub- Area and the structures are classified as Contributing Buildings within the Sub -Area. The property's underlying zoning is B -1, Business Zone. The purpose of the Overlay is defined by diverse and far reaching goals, including fostering rehabilitation and development, protecting real estate investment, and spurring commercial activity. The Sub -Area was created where the buildings are generally larger and more architecturally distinctive that others in Old Town, which contributes to the historic nature of the area. As Contributing Buildings within the Sub -Area, the buildings have certain characteristics, regardless of the building's age, that are in keeping with historical construction in Old Town. The provisions of the Overlay prevent demolition of Contributing Buildings within the Sub Area without the consent by the Director. The ordinance also provides specific guidance when determining whether a building may be demolished: 1. Structural conditions that pose an imminent safety hazard, and DEPARTMENT OF COMMUNITY SERVICES ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426 MICHAEL P. HOLLIBAUGH, DIRECTOR 2. An advanced state of dilapidation that makes it unfeasible to repair the building for any reasonable economic use. The Real Estate has long been neglected by previous owners on the outside and inside, lacking all but the most basic modern improvements. It is clear that in their current condition, neither building is habitable for people or for business. Visual inspections by Carmel Building Commissioner Jim Blanchard and me have found that neither home meets current building safety codes for residential or commercial use. You have submitted a summary of findings of a Structural Survey by A. J. Associated P.C. dated 21 September 2008, signed by Arnold Jobs, P.E. The summary documents safety related issues for the Real Estate, and concludes that that both buildings: 1. do not meet commercial codes; 2. have public safety concerns and should not be occupied for residential use; and 3. are recommended for demolition. You have been made aware of the Carmel Historical Society's (CHS) stated preference that the homes be saved and restored. They have commissioned the Center for Preservation at Ball State University to survey and document the historic character of each home in Old Town Carmel, with boundaries consistent with the Overlay. The Department has obtained from the CHS copies of the Ball State survey forms for the Real Estate. These forms are consistent with those used to help determine potential significance for National Register status. The survey for the Real Estate suggests that, while both buildings have been significantly altered and are in fair to good condition, 431 would be a likely contributor to a potential National Register Old Town district, while 421 would not contribute. It is with due consideration of the above details, that I hereby determine that the condition of the Real Estate is such to make it unfeasible to repair the buildings for any reasonable B -1 Business District use, and that the demolition permits previously revoked shall be reinstated for the Real Estate, as follows: A. The demolition permit shall be reinstated for 421 North Range Line Road within twenty -four hours of acceptance of a complete and legal application, per section 23D.04 of the Overlay. B. The demolition permit for 431 North Range Line Road shall be reinstated within twenty -four hours of obtaining all necessary approvals for a project on the Real Estate, including, but not limited to, Site Plan and Design Review, and Board of Public Works review. If you have questions or concerns regarding any of the above, please do not hesitate to contact me at 571 -2422. Yours truly, Michael H cc: Ramona Hancock, Plan Commission Secretary John R. Molitor, Counsel to the Carmel Plan Commission Tom Rumor, Carmel Clay Historical Society