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HomeMy WebLinkAboutCorrespondence FINDINGS OF FACT FORM FOR DEVELOPMENT PLAN CONSIDERATION Carmel Plan Commission Carmel, Indiana Docket No.: 11020013 DP /ADLS and 11030006 ZW NAME OF PROJECT: Woodland Terrace Petitioner: The Justus Companies Based upon all the evidence presented by the Petitioner at all prior Plan Commission and Subdivision Committee meetings and upon the Department Reports of the Department of Community Services for (i) the April 19 Plan Commission meeting, (ii) the May 4` July 5 and July 12` Subdivision Committee meetings, and (iii) the July 19` Plan Commission meeting, and the letter from Mike Hollibaugh (Director of the Department of Community Services) to the Carmel plan Commission dated July 15, 2011, and based on the summary of development plan compliance which is attached hereto and incorporated herein by reference as Exhibit "A the Plan Commission determines that the Development Plan request complies with the standards of Chapter 23B U.S. Highway 31 Corridor Overlay Zone and Chapter 24 Development Plan and Architectural Design, Exterior Lighting, Landscaping Signage Regulations of the Carmel /Clay Zoning Ordinance. The Plan Commission hereby approves of the Development Plan as submitted with the following specific conditions as agreed to by the Petitioner. Condition 1. Approval of final construction documents by the Carmel Engineering Department. Condition 2. The applicant shall provide the Department of Community Services a copy of the recorded commitment included under Tab 14 of the Woodland Terrace July 19, 2011 supplemental brochure. Condition 3. The Plan Commission hereby disapproves of the Development Plan Amendment as submitted for the following reasons: 1. 2. 3. DATED THIS 19` DAY OF July, 2011. Commission Preside 1;e10,C/b- V 71._.> o 7 '4 F F Exhibit "A" Summary of Development Plan Compliance The Development Plan satisfies the development requirements specified in the US Highway 31 Corridor Overlay Zone of the Zoning Ordinance including Sections 23B.03 through 23B.16 as specified below by section: 23B.02.A.2.a: Existing site features, including topography and wooded areas: The proposal is compatible with existing site features including topography and wooded areas, in that the proposal makes appropriate utilization of retaining walls and calls for the preservation of virtually all of a mature woodland within the buffer and required and added preservation areas. 23B.02.A.2.n: Proposed setbacks, site landscaping and screening, and compatibility with existing platted residential uses: The proposal is compatible with existing platted residential uses, in that the building setbacks with accompanying landscape plans adjacent to existing residential uses far exceed Zoning Ordinance requirements and the zoning commitments in place to safeguard the privacy and quiet enjoyment of the neighboring residents. 23B.03 Permitted Uses: The existing zoning is B -6 Business. The proposed use, a CCRC, is a permitted use in the B -6 District as a nursing /retirementiconvalescent facility. In addition the use is not listed as prohibited within the US Highway 31 Corridor Overlay Zone. Therefore the use is permitted on the real estate. A detailed description of the Continuing Care Retirement Community and a statement of compliance with the Zoning Ordinance can be found under Tab 13 of the July 19, 2011 PC booklet. 23B.06 Accessory Buildings and Uses: All Accessory Buildings have on all sides the same building architectural features, construction materials, and in general are architecturally compatible with the Principal Building. 23B.07 Minimum Tract Size. Minimum area covered by the Development Plan is 7.06 acres exceeding the minimum of 217,800 square feet (5 acres). 23B.08 Height and Yard Requirements. 23B.08: The Proposal meets the intent of orienting the new building with its longest axis parallel to the adjoining streets to create a sense of enclosure along the street. The proposal also locates all parking to the rear or the side of the building from Smokey Row Road as necessary to accomplish this purpose. 23B.08.01 The Principal Buildings requires placement consistent with the Building Setback Lines of the underlying zoning. A zoning waiver is on file requesting a forty (40) foot front yard building setback adjacent to Smokey Row Road. If granted this will allow the building to be placed further from the residential zoned property to the east providing greater separation. 23B.08.02 Adjacent to any residential use or zone the minimum side or rear yard is Forty five (45) feet. The Development Plan has a minimum setback from residential of eighty -four (84) feet. Exhibit "A" Page 1 of 2 n F 23B.08.03 The Maximum Building Height is specified in the underlying primary zoning district allowing a one hundred (100) foot tall building. However, by commitment of the original zoning, the maximum building height has been reduced to fifty (50) feet. The maximum building height included in the development plan is fifty (50) feet. 23B08.04 The Minimum Parcel Width exceeds that one -half (1/2) the depth of the parcel. 23B.08.05 Minimum Gross Floor Area: The Zoning Ordinance requires the building to have a minimum of fifteen thousand (15,000) square feet of gross floor area. The building exceeds this minimum and has 214,551 square feet of gross floor area. 23B.08.06.A. The Maximum Parcel Coverage is permitted to be sixty -five (65) percent. The Development Plan parcel coverage is 51.25 percent. 23B.08.06.B. The Maximum Floor Area Ratio (F.A.R.) permitted is 0.70. The Development Plan F.A.R. is 0.698. 23B.09 Architectural Design Requirements: The Development Plan complies with all applicable architectural requirements of the Zoning Ordinance as evidenced by the elevations and perspectives (as required) provide under Tab 4 and Tab 5 of the July 19, 2011 PC booklet respectively. 23B.10 Landscape Requirements: The Development Plan is in full compliance with all landscaping requirements of the Zoning Ordinance as evidenced by the plans included under Tab 7 of the July 19, 2011 PC booklet. 23B.10.04 The proposal makes all reasonable efforts to protect and incorporate the existing stands of trees into the overall site design, in that 100% of all trees that are nine -inch DBH or larger and located within the perimeter buffering were preserved. 23B.12 Parking Requirements: The Development Plan is in full compliance with all applicable parking requirements of the Zoning Ordinance. The ordinance requires 170 spaces and 173 have been provided. 23B.13 Lighting Requirements: The Development Plan is in full compliance with all applicable lighting requirements of the Overlay as evidenced by the information provided under Tab 8 of the July 19, 2011 PC booklet. 23B.14 Bicycle and Pedestrian Requirements: The Development Plan is in full compliance with all applicable bicycle and pedestrian requirements of the Zoning Ordinance as evidenced by the approval of the City of Carmel Alternative Transportation Coordinator and plans included under Tab 12 of the July 19, 2011 PC booklet. 24.02.B.3.a: The applicant's submission materials for the proposal did include a traffic study including data of sufficient detail as found necessary and appropriate by the Carmel City Engineer, Department of Community Services, and the Plan commission. Exhibit "A" Page 2 of 2 0 Conn, Angelina V From: Jon Dobosiewicz [jond @NF LAW.COM] Sent: Monday, July 18, 2011 10:32 AM To: Conn, Angelina V Cc: Jim Shinaver; Mindham, Daren Subject: RE: Page from booklet Angie, "D" at 15' it is then. We will remove the two parking spaces and adjust accordingly. Angie Can we make this change after tomorrow night? We would then have 171 spaces with 170 required and we will meet with Darren to tweak the preservation plan in that area. Jon C. Dobosiewicz Land Use Professional Nelson Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317 -844 -0106 (Office) 317 -428 -8393 (Cell) 317 846 -8782 (Fax) jon@nf-law.com NOTICE OF CONFIDENTIALITY This E -mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. if you are not. the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E -mail and immediately delete this message from your system. This email and any file transmitted with it. are -confidential and intended solely for the use of the individual or entity to -whom t are ,addressed. If you :have received bis en .il in--error please:notffy :the su, ,stem ,manager. From: Conn, Angelina 'v `[maiito :Aconrrawcarmei.in.gov] Sent: Monday, July 18, 2011 10:10 AM To: Jon Dobosiewicz Cc: Jim Shinaver; Mindham, Daren Subject: RE: Page from booklet Jon There is some type of buffer yard width requirement from the land uses to the north of the site, even if the street is not a primary or secondary parkway.... My question to you is: does any of the parking area encroach into that required bufferyard width? I have copied Daren on this email to see what he used to determine that bufferyard width along smokey row... but, yes, it appears that you are in the clear. Thanks, 1 f -Angie Conn, Planning Administrator From: Jon Dobosiewicz [mailto:jond @NF LAW.COM] Sent: Monday, July 18, 2011 9:55 AM To: Conn, Angelina V Cc: Jim Shinaver Subject: RE: Page from booklet Angie, Please give me a call after 10:30 to discuss. Smokey Row is a Residential Parkway (not primary or secondary) so no "D" buffer that would require minimum 15'. The parking is a minimum of 12' so we meet the "C" buffer of 10' minimum. Is that what you were thinking? Jon Jon C. Dobosiewicz Land Use Professional Nelson Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317- 844 -0106 (Office) 317 -428 -8393 (Cell) 317- 846 -8782 (Fax) jon@nl-law.com NOTICE OF CONFIDENTIALITY This E -mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt. from disclosure under applicable law. If you are not the intended recipient -of thus message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have.receivell this message in error, please promptly notify the sender by reply E -mail and immediately delete this message from your system. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Monday, July 18, 2011 9:37 AM To: Jon Dobosiewicz Cc: Jim Shinaver Subject: RE: Page from booklet Hi, Jon do I still need to call you about this, since Mike sent out that memo on Friday? 2 Are any of the parking spaces encroaching into the bufferyard area along smokey row? -Angie Conn, Planning Administrator From: Jon Dobosiewicz [mailto:jond @NF LAW.COM] Sent: Friday, July 15, 2011 10:58 AM To: Conn, Angelina V Cc: Jim Shinaver Subject: Page from booklet Angie, The attached page was inadvertently left out of the digital booklet we submitted yesterday. It is in the paper copies we delivered. It falls behind page 21 in the .pdf. Also can you call me regarding the need for a variance? Last you indicted Mike was making a determination. Thanks, Jon Jon C. Dobosiewicz Land Use Professional Nelson Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317- 844 -0106 (Office) 317 -428 -8393 (Cell) 317- 846 -8782 (Fax) jon@nf- law.com NOTICE OF CONFIDENTIALITY this E-mail message and its- attachments (if any) are intended solely f or the tise of the addressee hereof.. In addition, this message and the attachments (if any) may contain information that is contrdential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E -mail and immediately delete this message from your system. x****** x*******.*********** *x: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. 3 Conn, Angelina V From: Hollibaugh, Mike P Sent: Friday, July 15, 2011 3:20 PM To: Adams, John; Dorman, Jay; Grabow, Bradford S; Hagan, Judy; Kestner, Nick; Lawson, Steve; Rider, Kevin D; Stromquist, Steven R; Westermeier, Susan; Wilfong, Ephraim Cc: Conn, Angelina V; 'jmolitor @prodigy.net'; 'njkerr @sbcglobal.net'; 'Jon Dobosiewicz' Subject: RE: Woodland Terrace Attachments: PCMEMO- 2011 -0708 Woodland Terrace US 31 Overlay Regs final.docx Dear Plan Commission members: Please find the attached memo which explains the Department's interpretation of key provisions of the US 31 Overlay Zone ordinance. As always, feel free to contact me should you wish to discuss this further. Sincerely, Mike Hollibaugh 1 j CityofCarmel emJ r Jmr /A'DIANp DEPARTMENT OF COMMUNITY SERVICES Date: July 15, 2011 To: Carmel Plan Commission From: Mike Hollibaugh Re: Woodland Terrace CCRC Docket Nos: 11020013 DP /ADLS 11030006 ZW The U.S. Highway 31 Corridor Overlay Zone has been a successful tool for guiding the growth and development of our City's principle commercial corridor. Many of the design standards in that ordinance were written, or re- written to address development issues south of Main Street, where the majority of development was occurring in the late 1990's. While it is clear the Justus parcel falls within the Overlay Zone, the approval process for the Woodland Terrace project (and previous projects here, too) has illustrated how challenging it can be to regulate design with words only. In the case of Woodland Terrace there are a number of the design provisions in the overlay that do not cleanly apply to the real estate, partly due to its location without frontage onto US 31, partly clue to the odd lot configuration, partly due to the nature of commercial /institutional development. Because of this, DOCS has made a handful of ordinance interpretations as the petition has required which appear in need explanation due to questions about the projects' compliance. I would like to provide some clarification on how Staff has applied the Zoning Ordinance, as it applies to the provisions of the U.S. Highway 31 Corridor Overlay Zone below: (1) Orientation of buildings with its longest axis parallel to the "adjoining street (2) Location of parking must be to the "rear" and "sides (3) Siting building consistent with the setback line of the underlying zoning; (4) The definition of CCRC. (1) Orientation of Building: The purpose and intent paragraph of the overlay ordinance (Section 23B.OS:: height t 1' °�r '__r ri s) states the desired outcome, _but. it is. the_acttr _development standards that are to and hr�r ur�r�rrz r. et implement the t aiitip-..se and iu ear: iFr/was to further restriez strip i pe 3 -7 fa6%- S`C`tf T i :Y:4' and �fssiE'e high aesthetics by pulling buildings up to Meridian Street, and perimeter streets, with their longest axis parallel to the adjoining highway or street, with parking located to the sides or rear. It is complicated in that the Justus site faces U.S. 31, but does not have direct frontage onto it. The Department has found that the Woodland Terrace building placement honored the intent of this provision by: Locating the building so it fronts onto the dominant street right- of- way(Srnoky Row); The building has been placed so its longest axis is parallel to the adjoining streets. The site design places the building so that it is the dominant feature of the development visible from US 31 and Smoky Row The landscaped courtyard will be an attractive feature visible from the Smoky Row The garages buildings will screen parking areas and break up large areas of asphalt Page 1 ONE CIVIC SQUARE CARI\IEL, INDIANA 46032 317/571-2417 (2) Location of Parking Areas. We believe this provision (in the purpose and intent) is to help prevent large expanses of pavement from being the dominant feature of new development, such as with the retail parking lot at Hamilton Crossing East. It is also intended to be complementary with the building orientation provision, to create a commercial corridor where the emphasis is on attractively designed buildings and landscaping as opposed to oceans of asphalt. In this instance, staff has determined that parking is located behind the Woodland Ten front building facade (that faces toward Smokey Row Road) and to the side and rear, and is respectful to the goals of the City and the overlay zone. In considering this, staff looked at projects approved previously by the Commission, and attached aerial photos of projects to help illustrate this. Since adopting this provision in 1997, the Plan Commission has approved a number of projects where buildings are sited toward the highway with parking located behind. When looking at aerial photos of projects, such as with the Indiana Heart Hospital at 106 Street Illinois, and Opus /Capital Group at Carmel Drive Penn, one can find parking lots located between primacy buildings and streets in a manner like that proposed by Woodland Terrace. What we have found over the years is the amount of site area needed for parking automobiles is far greater than the area needed for buildings making it practically and economically unfeasible to line a site's street frontage buildings so no parking is visible. Until the economics of development in the corridor demands a more intense use of the land, via taller buildings and/or structured parking and lined by buildings, the amount of surface area required for parking autos will commonly create situations such as with Woodland Terrace where, while the building is pulled up to the street and parking located behind, with a need to use the balance of the site for parking (that will cause some to be seen from the street). AERIAL PHOTO .4',7'.''' O Exam les US 31 Corridor Parkin. r r Parkin f F t` S i t r ii 5 y r 1 -:.^7 u 7 fi t w" i r l .r Y� �{a"a t t3 a. �E r '1 1 7 a 4 F t)A AY ‘‘,t 1 1 0. ti 1 11(' t� n, '1' C. X Ft.... us �p �q xYx�� a a "teti 42� art aia 6" {Pi `Fit; mr v sFil t e .0,� x Sxr�}kw 9 li 1 A 9 t a� 2° r I l a,_. t x a ,14.1 'r «e ii411 rA:ti'.6Y fi r{ "T C :'4.,::,,,V441040,11,-; 4 s- 1 ^i4 Fs ''Jr 71'-' ,,r.:,', r t:- k* --`,f 'n. 4r `e 1 I 7 a� t` `s'�t r r i it ,,i e i .t r 4 r� i z 3 s a W t rd t 6 v 3.qt i ttc a s a �r v Y7 +i�, Opus /Capital Group Carmel drive and Penn Page 2 ONE CIVIC SQUARE CAR1b1EL, INDIANA 46032 317/571-2417 (3) Front Yard Setback: The petitioner is seeking a zoning waiver to have the front building setback be 40 -ft instead of 60 -ft or 20 -ft. This is a zoning waiver request to clarify the front yard building setback, since the US 31 Overlay Zone requirements are unclear as to what the front setback is, as it does not call out a build -to line specifically for Smoky Row Road. The Department has been in support of this request in that allows for increased tree preservation as required in the overlay ordinance (Section 23B.02.C(4)). The Department is currently reviewing the proposed amended plan as it relates to this matter but remains supportive, especially if additional, overall preservation of trees on site is a result. (4) CCRC land use: The CCRC definition was amended into the definitions chapter of the ordinance in 2009 based upon issues and experiences from reviewing a number of CCRC projects. The use of CCRC was not added to Appendix A: Schedule of Uses, as it was determined then, and continues to be that a Continuing Care Retirement Community land use is a foam of Nursing, Retirement, or Convalescent Facility land use, thus it has not been necessary to add the CCRC land use to the Schedule of Uses. Their respective definitions are: COMMUNITY, CONTINUING CARE RETIREMENT (CCRC). A place where three (3) or more levels of continued care are provided to senior citizens, including but not limited to: independent living, assisted living, and skilled nursing/memory care. It can include independent apartments, detached or attached cottages, and nursing home rooms in a congregate building, as well as support services and facilities. and NURSING, RETIREMENT OR CONVALESCENT FACILITY. A home for the aged or infirm in which three (3) or more persons not of the same immediate Family are housed and provided with food, and/or care for compensation; but not including hospitals, clinics, or similar Institutions devoted primarily to the diagnosis and treatment of the sick or injured. Included are limited care apartments, suites for the elderly, and assisted living and nursing homes. As provided in Appendix A: Schedule of Uses, a Nursing, Retirement or Convalescent Facility is a permitted use in the B -6 Zone, and is not a prohibited use within the U.S. 31 Overlay Zone. 1 hope this is helpful to you. Please call or email with any questions or comments _mhollibaugh @camel..in.gov, or 571-2422. File: PCM EMO -201 1 -0708 woodland Terrace US 31 Overlay Regs Page 4 ONE CIVIC SQUARE CARREL, INDIANA 46032 317/571-2417 Conn, Angelina V From: JOHN KERR [njkerr @sbcglobal.net] Sent: Friday, July 15, 2011 7:02 AM To: Adams, John; Dierckman, Leo J; Dorman, Jay; Grabow, Bradford S; Hagan, Judy; Kestner, Nick; Lawson, Steve; Rider, Kevin D; Stromquist, Steven R; Westermeier, Susan; Wilfong, Ephraim; Conn, Angelina V; jmolitor @prodigy.net Subject: Woodland Terrace Woodland Terrace Docket No. 1/020012 DP /ADLS And Docket No. 11030006 ZW As a resident of Kensington Place, general contractor for the building of nine townhomes in Kensington Place, and Managing Partner of Kensington Partners, I hereby request the following: A. That the attorney for the Plan Commission read verbatim to the members of the Plan Commission the law as codified in the City of Carmel Ordinances the following: 1 23B.00.01 Purpose, Intent and Authority 2 23B.02 A. Development Plan, 2. a. c. g. 1. n. p. q. r. 3 23B.02.0 Zoning Waiver (2)(3)(4) 4 23B.03 Permitted Uses 5 Appendix A. Schedule of Uses 6 Note Appendix A does not list a CCRC 7 Note Appendix A lists a Nursing /Retirement/Convalescent Facility 8 Note that this facility is marked "blank" for the US 31 Overlay Zone 9 Note that in the Key that "blank" means Prohibited 10 Note Appendix A lists a Multiple Family Dwelling 11 Note that this listing is marked "E" 12 Note that in the Key that ;;E" means Excluded 13 23B.04 Uses no Special Uses permitted in the U.S. 31 Overlay Zone 14 23B.05..01 Excluded Uses see Appendix A 15 24.02 A Development Plan and A.1.a. and A.1.c. and A.1.d. 16 24.02.A 3.a and 3.h. and A.10.and A.14.a. and 14.d. Traffic !B f. 17 «�F .�rcl B. 2. T ,.�f:� ,SfEkC`l�? :and :and 1 18 24.03.A..1.a,b,c..,d and A..7..a,h,c,d 1{ 24.018:. 1..a1, 2 1 24.£1E .B.2. ..i. and B. and 13 .G Obviously there are many other requirements that a petitioner must meet and the Plan Commission must review. I believe that if the above listed City of Carmel Ordinance citations are read verbatim by the attorney for the Plan Commission to the members of the Plan Commission that there is sufficient and good documentation that the Woodland Terrace project as submitted should be denied. The above citations highlight that a CCRC and /or a Nursing/Retirement /Convalescent Facility are not included in Appendix A as a use in the U.S. 31 Meridian Overlay Zone. The citations also cite several Ordinances wherein it is specified that a Development Plan shall be consistent with the Comprehensive Plan. The citations also address the issues of building height, traffic, parking, drainage, soil condition and topography. Respectively submitted for the record, John Kerr NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B. MERRILL, CHARLES D. FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E. SI- IINAVER LAWRENCE J. KEMPER PHONE: 317 844 -0106 JOHN B. FLATT FACSIMILE: 317 846 -8782 JON C. DOBOSIEWICZ, FREDRIC LAWRENCE Land Use Professional JAMES A. NICKLOY CHRISTOPHER A. FERGUSON QM 1 if s July 14, 2011 f ECEIVED 4:I AL 1 42011 Angie Conn tit City of Carmel s, �a One Civic Square b W Carmel, IN 46032 Re: Docket Numbers: 11020013 DP /ADLS 11030006 ZW DP /ADLS Application for the proposed Woodland Terrace Continuing Care Retirement Community (CCRC) Dear Angie: Enclosed you will find 15 paper copies and a CD containing a digital copy of the information booklet for the above referenced matter scheduled for consideration by the Plan Commission on July 19, 2011. Should you have any questions please do not hesitate to call. Very truly yours, NELSON FRANKENBERGER, P.C. Jon C. Dobosiewicz Land Use Professional Enclosures Woodland Terrace Ltr to A Conn 071411 Conn, Angelina V From: Reynolds, Rick [rreynolds @emht.comi Sent: Thursday, July 14, 2011 9:43 AM To: Conn, Angelina V Cc: Jon Dobosiewicz; Chris White; Dan Ware; Walt E. Justus Subject: RE: new woodland terrace greenspace numbers needed please Angie, The information I sent you yesterday was to answer your questions about green space and tree preservation, however it contained some inaccurate numbers on the units and parking which was brought to my attention just this morning. This is the updated information. Thanks, SITE DATA TOTAL PARCEL AREA (TPA) 307,446 sf r T.06 AC.) TOTAL IMPERVIOUS AREA. 157,572 sf (3.62 AC.) TOTAL GREEN SPACE AREA 149,874 sf (3r44 AC.) GREEN SPACE PERCENTAGE OF TOTAL PARCEL AREA 48:75% PARCEL COVERAGE 65% MAXIMUM 51.25% NOTE: TOTAL TREE PRESERVATION AREA (INCLUDED IN GREEN SPACE) 71,929 sf (1.65 AC.) 48;6 OF ALL GREEN SPACE WILL BE TREE PRESERVATION AREA BUILDING AREA (BA). INCLUDES GARAGES 74,803 sf LOT COVERAGE IBA) 74,803 sf r (TPA) 307,446 sf 24.3.3% GROSS FLOOR AREA (CFA) 214$51 sf FLOOR AREA RATIO (F.A.R.) 0,70 MAXIMUM (CFA) 214,551 sf t (TPA) 307,448 sf 4.698 TOTAL PARKING SPACES- per unit mix (165 total units) 170 REQI.IIRED, 173 PROVIDED 57 1- BEDROOM INDEPENDENT CARE 57 SPACES 2131-BEDROOM ASSISTED LIVINGI2 14 SPACES 63 2- BEDROOM INDEPENDENT CARE s 63 SPACES 37 STUDIOS ASSISTED LIVING/2 19 SPACES 17 STAFF 17 SPACE'S �r TOTAL 170 SPACES ACCESSIBLE SPACES per ADA (Include In TOTAL) 6 REOUIREO, 12 PROVIDED PUBLIC ACCESS SPACES 8 SPACES PRIVA;I "E GARAGE .SPACES z 4 SPACES TOTAL 12 SPACES BICYCLE SPACES 5.par 100 REQUIRED PARKING SPACES 9 REOL$RED, #2 PROVIDED Rick N. Reynolds. RtA A3iLA Project Manager 1 Landscape Architect EMH &T Engineers, Surveyors, Planners, Scientists 7400 North Shadeland Ave., Suite 150, Indianapolis, IN 46250 v. 317.913.6930 1 c. 317.557.1933 1 rreynolds @emht.com emht.com Learn about EMH &T's leadership in sustainable design by clicking NEXTGENERATIONGREEN From: Conn, Angelina V jmailto:Aconnftcarmel.in.govl Sent: Thursday, July 14, 2011 9:38 AM NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B. MERRILL, CHARLES D. FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E. SHINAVER LAWRENCE J. KEMPER PHONE: 317 844 -0106 JOHN B. FLATT FACSIMILE: 317 846 -8782 JON C. DOBOSIEWICZ, FREDRIC LAWRENCE Land Use Professional JAMES A. NICKLOY CHRISTOPHER A. FERGUSON July 13, 2011 Angie Conn City of Carmel One Civic Square Carmel, IN 46032 Re: Docket Numbers: 11020013 DP /ADLS 11030006 ZW DP /ADLS Application for the proposed Woodland Terrace Continuing Care Retirement Community (CCRC) Dear Angie: Attached you will find a CD containing a digital copy of the information booklet for the above referenced matter reviewed by the Subdivision Committee of the Plan Commission on July 12, 2011. Should you have any questions please do not hesitate to call. Very truly yours, NELSON FRANKENBERGER, P.C. Jon C. Dobosiewicz 011 AM pitf Land Use Professional cb cb co EC E\vED JUL 1 37C\ 11 y DO °S Wd Zv` Woodland Terrace Ltr to A Conn 071311 Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, July 13, 2011 10:21 AM To: 'Steve Stromquist'; 'Susan Westermeier'; Rider, Kevin D; Hagan, Judy; Kestner, Nick Cc: Hancock, Ramona B; Stewart, Lisa M; Hollibaugh, Mike P; 'jmolitor @prodigy.net'; Donahue WoId, Alexia K; 'jw57adams @att.net'; 'Steve Lawson (indylawson @gmail.com)'; 'ephraimwilfong @gmail.com'; 'Bradford S Grabow (brad.grabow +cpc @gmail.com)'; Dorman, Jay Subject: FW: 7/12 Subdivision Cmte Results Woodland Terrace CCRC Good Morning, Plan Commission Members Please read this email from Brad Grabow, below, outlining the changes the petitioner made to the Woodland Terrace CCRC petition. The petitioner's revised info packets will be mailed out to you tomorrow evening, along with the Staff Reports. Thanks, Angie Conn, Planning Administrator Direct line 571 -2281 From: Brad Grabow [mailto:brad.grabow gmail.com] Sent: Tuesday, July 12, 2011 10:51 PM To: Jay Dorman Cc: Conn, Angelina V; Hollibaugh, Mike P; Ephraim Wilfong; John Adams; Steve Lawson; Judy Hagan Subject: Subdivision Cmte Results Woodland Terrace Jay, the committee sent this back to the full PC tonight with a favorable recommendation (3 -1, Adams) after a "no recommendation" vote resulted in a 2 -2 (Lawson, Wilfong) tie. (I voted Y on both motions, seeking to return it to the PC irrespective of the recommendation.) For the benefit of the rest of the PC, the proposal that is now on the table differs from that originally heard by the PC on April 19 in these ways: 1. The entire building has been relocated slightly farther to the SW on its lot. This creates 10 additional feet between the east side of the building, which space Justus now .includes in the TPA, making the TPA 60 feet wide between the building and Kensington Place and 118 feet between the south parking lot/garage and the KP property line. (See Tab 1, Sheet I when you receive your packet.) 2. The building height has been reduced along KP by eliminating the east half of the fourth story of the S iing running, alongside KP. (Tab I Sheet I; T,tl,} 3, :Sheet l 3... N4echantcz1 equipment located an the lod e'red area t7n; been 'moved to roof dice, t.JU-tti floor (farther fi,om KP a nd behind the parapet wall) to reduce its noise impact on KP. (Tab 3, Sheet 2) 4. This part of the building is further reduced in height by replacing the l0 -foot mansard.architectural parapet wall on the Kensington side of that wing with a 20 -inch crown moulding feature instead. (Tab 3 Sheet 2; Tab 7) 5. The remaining parapet walls in all other locations have been scaled back to 8 feet in height from 10 feet, still permitting the faux gables to remain without appearing outsized on the parapet. (Tab 3) 6. The roof of the third floor along KP (where half of the fourth floor was removed) may be developed as a rooftop greenspace. (Tab 2) If it is, then an additional railing would be added on the east roofline. (Tab 7, Sheet 1) 1. This concept was suggested by the committee on 7/5 committee; at tonight's meeting, it seemed it had been given more than lip service by the petitioner, but plans /engineering weren't mature enough for them to commit tonight. 7. To accommodate the building's relocation farther S and W, these parking field changes also were made: 1. South of the building, remove one garage and slide the other two to the West (adds 58 feet in width to the TPA which starts at the east building line of the long garage). 2. Remove one parking garage from the south end of the building. 3. Among the four garages on the NW portion of the site, reduce the E -W length of the southern- most garage. 4. In the NW portion parking field, added surface spaces on both sides (top and left) of the very NW corner of the site. 8. Change assisted living units from 59 to 65, Independent living from 126 to 120. Also change in mix of 2BR, 1BR and Studios. Total number of units remains 185 and total parking spaces required and provided remains 173. The petitioner also submitted at the July 5 meeting a profile showing how the project's modified outline and location compares to what was previously approved for the Justus Office building. It shows a profile along KP that is meaningfully lower- -and farther away from KP -than the office building would have been, than the zoning ordinance allows and than the original proposal for this project contemplated. (Tab 5). Related to this point is the concept of light and air impacts on KP and both petitioner and KP provided independently engineered depictions of afternoon shadows from the building that were very similar in their results, which showed minimal if any shadows cast beyond the Justus property line. (Tab 6) The petition now includes among its commitments a requirement that the courtyard be constructed as part of Phase 1, if construction is phased. Also, if phased, Phase 1 will include units facilitating all three levels -of care, Phase 2 footprint will be grass lawn until construction begins and the exterior walls of the Phase 1 building where Phase 2 will connect/start will be constructed for easy demolition when Phase 2 is added. (To this point, we asked for a- rendering next week depicting how this will appear and the caveat that if Phase 2 never happens, we still expect this wall to appear "complete" and have design integrity NOW, as initially constructed in Phase 1. This is an open item to be resolved in the PC meeting.) Lastly, one remonstrator asked/suggested the balconies along KP be fully inset to reduce their "impact" on KP. He further reasoned that this would reduce construction costs, but also reducing the interior square footage of each unit. Petitioner was cool to the idea, hut. I committed to put the idea on the table next. Tuesday for the full PC's consideration. Jay, I hope this helps catch you up on how the DP has changed since the PC last saw it. We will likely have a lengthy public hearing next Tuesday before considering this item. If it would help accelerate the process to share this message with the rest of the PLC as support/preview of petitioner's presentation and my committee chair report,. I won't object to the reduced talking 1'11 have to do in the meeting! The B it mink/ a fi.^ 'R as e was s t-d s s& essei ahali by the conahhittee, i i h fixused zt the definition of C CR,C ire the ZO, s apposed to our personal intellectual r r experience -based interpretations of what CCRC means. Indirectly, Judy's and John's site visits and escorted tour of two other Justus properties (and my multiple drive- throughs of Crestwood Village North) did little to nothing to make us feel able to challenge the petition on those grounds. Brad Grabow brad[DOT]grabow[AT gmail[DOT]coln 12530 Glendurgan Drive Carmel, IN 46032 -8313 2 Conn, Angelina. V From: Conn, Angelina V Sent: Wednesday, July 13, 2011 10:38 AM To: 'GARY DOXTATER Subject: FW: Woodland Terrace Kensington Place! Hi, Dox here is the electronic copy of the paper copy of the email I provided you last night. -Angie Conn, Planning Administrator From: Duncan, Gary R Sent: Tuesday, July. 12, 2011 5:47 PM To: Conn, Angelina V; Thomas, John G; Mindham, Daren Cc: Hollibaugh, Mike P; McBride, Mike T Subject: RE: Woodland Terrace Kensington Place! Angie, here is the Engineering Dept's response to the remonstration (from Gary Doxtater): 1. What specific site data has been collected on the geology, soil and ground water hydrology? Using these data, what impact will the proposed facility have on the local surface and groundwater on any adjacent properties, including ProMed, Kensington Place, Meadowlark Park Lake and Meadowlark Business Center? The City does not have requirements for the collection and analysis of geological, soil and ground water hydrology data. As such, the Department has not requested that data be collected or submitted. 2. How will the surface stormwater and groundwater be managed and what will be the impact on adjacent properties? Surface stormwater from the undeveloped Tots is proposed to be collected and conveyed to the master planned storm water detention facility through the existing infrastructure. This infrastructure, as well as the detention facility, was designed for the storm water runoff from the full improvement of Pro -Med Lane. The current design includes a number of storm water quality measures that are expected to reduce the peak rates of storm water runoff leaving the site as well as reduce the total volume of storm water runoff leaving the site in the proposed condition when compared to a design that does not incorporate these measures. The City regulates groundwater only to the extent necessary for protection of the drinking water supply. This development is not of the type or at a location where it would be expected to affect the drinking water supply. 3. (The Engineering Department) should require a detailed study of the complete watershed and report before this project is reviewed. The un€fevet ped IzAs,ar.ebasins (sub- wateKshe tsj:within the Pr.o -Med. Lane .watershe:c£..The Prow Med Lane watershed is a basin within a larger watershed. All development impacts the watershed and the City requires that these Impacts he mitigated through management of the runoff generated fro the sub-watersheds. Customarily, management of the runoff from the sub watershed is provided by detention facilities. The master planned detention facility for Pro -Med Lane satisfied the standards of the time of initial approval to mitigate the effect the Pro -Med Lane development would have on the larger watershed. As such, any further developmentwithin the Pro -Med Lane watershed that stays within the parameters of the previous master plan does not necessitate a study of the overall watershed of the area. 4. The Kensington Place retention pond is maxed out now (with 3 -4 more townhomes left to finish out the development) and should not be taking waters from the Justus Property. This is a serious problem. How will this problem be addressed? Presently, 5.36 acres of the Justus property drains to Kensington Place. After construction, only 1.44 -acres will continue to drain to Kensington Place. Even in the developed condition, this reduced area will generate less storm water runoff compared to the existing condition. However, the developed area should be directed to the existing detention facility. The Department of Engineering will work with the petitioner to identify if it is 1 possible to direct the developed portion of this part of the development to the existing detention system without compromising other approval conditions. The Department will not require modification of the tree preservation area and any portion of this area that presently drains into Kensington Place due to the fact that doing so will require removal of the existing tree buffer. 5. What is an aquaswirl, where is it located, how much does it run, and how much noise does it make? An aquaswirl is a storm water treatment device. The current plan does not include an aquaswirl device. Aquaswirls operate during what is commonly referred to as "first flush" rain event. Above this rain event, storm water runoff bypasses the Aquaswirl. Aquaswirls operate by gravity and make no more noise than a customary drainage collection and piped conveyance system. 6. Will an IDEM Rule 5 or Storm Water Permit be required? Yes, a Rule 5 permit will be required for this project. 7. What is the purpose of the basement and how will it affect the area hydrology. The Department of Engineering is not aware of the purpose of the basement. For typical development, the Department of Engineering does not have a requirement for the submission of area hydrology analysis. 8. Engineering Department should require the applicant to provide a "cut and fill" analysis of the total disturbed area to evaluate these two criteria (a. and b.) [Articles 23B.02.A.2.a and 23B.02.A.2.c of the 2009 Court Judgment Against the Holiday Inn]. The Department of Engineering understands that the current project is not bound to the previous judgment. Thanks so much! Gary From: Conn, Angelina V Sent: Thursday, June 02, 2011 1:57 PM To: Duncan, Gary R; Thomas, John G; Mindham, Daren Subject: Woodland Terrace Kensington Place! Hi Guys 1 need some help answering questions asked by a citizen. The remonstrance from Gary Doxtater submitted on 5 -31 -11 can be found online at: http:// cocdocs. ci. carmel .in.us /Weblink/DocView.aspx ?id= 601581 &dbid =O (this can also be printed to .PDF). 1 have been assigned the task of addressing his questions about: a) Topo changes and cut -n -fill b) Water management ground water and surface water c) Erosion around the pond at meadowlark park d) Aqua swirls e) idem rule 5 0 The proposed basement :and .how it:affects hydrology of the site g) Partial drainage f t i S- Kensington a, b d 3 Partial 4a� k�'�� into Kensington �`:s�a.� "a retention pond, :a:Kt h) Tree; preservation area questions (Daren's area of expertise)... All this, as it relates to Kensington Place and the affect that the Woodland Terrace CCRC plans will have. Please help! I can meet with you or you can just send me an email response, but anything would be appreciated! Thanks so much! Angie Conn, Planning Administrator 2 Conn, Angelina V From: Adams, John Sent: Monday, July 11, 2011 12:14 AM To: Conn, Angelina V Cc: brad.grabow@gmail.com Subject: Woodland Terrace Hi Angie. Following are issues /questions that I would like Justus representatives to address during our July 12 special Subdivision Committee meeting. If appropriate, could you please forward to Justus representatives ASAP so they can prepare responses. 1. Where /how will vehicles entering the Service Drive turn around before exiting back to Smokey Row Road? How much backing up will trucks need to get in and out? The main issues here are pedestrian safety and noise from back -up warning alerts on- trucks. Could the petitioner provide an estimate of how many vehicles would use the service drive each day? 2. Additional detail on the possibility of constructing the facility in two phases would be appreciated. When would the petitioner expect to make a final decision on this? What would be done with the area shown for the two north wings if these are not built until a future date? 3. There is some concern that site preparation and construction could possibly damage nearby residences. Pile drivers and earth compactors are the main issues. Can the petitioner comment on this? 4. Could the petitioner comment on noise levels of the HVAC equipment and how the reduced parapet height might affect this? Let me know if you have questions or need more info. Thanks, John Adams 1 NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B. MERRILL, CHARLES D. FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E. SHINAVER LAWRENCE J. KEMPER PHONE: 317- 844 -0106 JOHN B. FLATT FACSIMILE: 317 846 -8782 JON C. DOBOSIEWICZ, FREDRIC LAWRENCE Land Use Professional JAMES A. NICKLOY CHRISTOPHER A. FERGUSON 9 iO fp A �J July 6, 2011 et 6 201 I Angie Conn g 0 C ,A City of Carmel u► One Civic Square �'b L Carmel, IN 46032 2 t 0% 6 Re: Docket Numbers: 11020013 DP /ADLS 11030006 ZW DP /ADLS Application for the proposed Woodland Terrace Continuing Care Retirement Community (CCRC) Dear Angie: Attached you will find a CD containing a digital copy of the information booklet for the above referenced matter reviewed by the Subdivision Committee of the Plan Commission on July 5, 2011. Should you have any questions please do not hesitate to call. Very truly yours, NELSON FRANKENBERGER, P.C. /V Jon C. Dobosiewicz Land Use Professional Woodland Terrace Ltr to A Conn 070611 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, July 05, 2011 8:35 PM To: 'Bradford S Grabow (brad.grabow +cpc @gmail.com)'; Hagan, Judy; 'ephraimwilfong @gmail.com'; 'Steve Lawson (indylawson @gmail.com)'; 'jw57adams @att.net' Cc: 'Angie Molt; Donahue -Wold, Alexia K; Duncan, Gary R; Ellison, Christopher M; Hancock, Ramona B; Heck, Nancy S; Hollibaugh, Mike P; 'John Molitor'; Keeling, Adrienne M; 'Linda Burdett Ham Co PC'; Littlejohn, David W; 'Marilyn Anderson'; 'Mark Zukerman'; 'Randy Marra'; 'Richard Heck (webteam heckweb.net)'; 'Rick Osborn'; 'Ron Houck'; Stewart, Lisa M; Tingley, Connie S; Worthley, Matthew D; 'mw9285 @aol.com'; 'Hayes, Melanie'; Martin, Candy; 'newsfromyou @indystar.com'; 'NKRental @aol.com'; 'Jeffrey Cohen'; 'mary.donley @ahm- hotels.com'; 'Judy Hagan'; indianaacepnick @sbcglobal.net'; 'jay@ goweighless.com'; Haney, Douglas C; Mindham, Daren; 'Rlchreis @aol.com'; 'SteveL@bagi.com'; 'heather.gillers@indystar.com'; 'Bruce Smith'; 'Kevin.morgan @indystar.com'; 'Jon Dobosiewicz'; Boone, Rachel M.; 'Jim Shinaver'; Dorman, Jay; 'Steve Stromquist'; 'Susan Westermeier'; Rider, Kevin D; Kestner, Nick Subject: July 12 Plan Commission Subdivision committee Special Meeting agenda Attachments: SUBD- 2011 -0712 special meeting.pdf; SUBD- 2011 -0712 special meeting.doc Good evening, Plan Commissioners: Attached in 2 file formats is the agenda for the Tuesday, July 12 Special Meeting of the Plan Commission Subdivision Committee. Paper copies of this and any supplemental info will be mailed to you on Wednesday. Within a few days, electronic copies of the July 5 info packets can also be viewed online at: htto://cocdocs.ci.carmel.in.us/weblink/O/fol/101408/RowLaspx just refer to each docket no. on the agenda to find them. Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir. Carmel, IN 46032 0: 317 -571 -2417 1 F: 317- 571 -2426 1 E: aconn@carmel.in.aov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Phase consi,err the environment before printing this e-mail 1 3 B 4 2011 41V' E calED Jul V c MEMO TO: PLAN COMMISSION MEMBERS aQCS �b FROM: VIRGINIA KERR `B Woodland Terrace Omission of Ordinance Requirement Kensington Place Homeowners have recognized that the Woodland Terrace application omitted, either intentionally or negligently a requirement of Ordinance 238.09 Architectural Design Requirements. Paragraph E. Exhibits The following architectural exhibits shall be provided to the Commission... (2) Prospective computer enhanced renderings showing the proposed building including how it will look from any adjoining residential areas, Because of that omission byJustus Companies, KPHOA commissioned such a rendering including to scale renderings showing that the proposed project would deprive adjoining Kensington Place properties of adequate light and air. Additionally, to scale drawings show that a two -story building would not deprive Kensington Place adjoining properties of light and air. Subsequent to KPHOA commissioning the attached drawings, Jim Shinaver telephoned the writer at approximately 4:00 p.m. on June 29 and invited the residents of Kensington Place to a meeting on July 15T (late Friday before the holiday weekend) at 2:00 p.m. to meet with Mike Hollibaugh and Angie Conn at City Hall. Present at that meeting were: Kevin Rider, Walter Justus, Jim Shinaver, Jon Dobosiewicz, eleven residents of Kensington Place, including Sharon Oldham, President of KPHOA, and attorney Jeff Bellamy for KPHOA. At that meeting there were proposals made by Justus Companies to amend their original proposal. When asked for specific drawings of the proposed changes, Justus representatives said that once the Plan Commission approved the new proposal drawings would be done. Is not this in contradiction to what the ordinance requires? Mike Hollibaugh stated that the front of the building is along Smokey Row Road and therefore he considers the parking to be consistent with the US31 Overlay Ordinance. if the front of the building is where Phase 2 is proposed, is it important to consider adjusting the service road to be accessed from ProMed Drive? Mike Hollibaugh also said that "Gary Dunbar is working on the drainage plan." Until the project is consistent with the ordinance requirements, either the plan Commission should vote no for approval or table the item until requirements are met. The seven drawings are being delivered on July 5 t� your mail slot at City Hall. There are notations on the drawings that point to noncompliance of the project as it pertains to 23B US31 Overlay Ordinance. Please consider this memo and the seven drawings to be a part of the record. 1 Conn, Angelina V From: Virginia Kerr [vkerr @talktotucker.com] Sent: Tuesday, July 05, 2011 2:09 PM To: Adams, John; Dorman, Jay; Grabow, Bradford S; Hagan, Judy; Kestner, Nick; Lawson, Steve; Rider, Kevin D; Stromquist, Steven R; Westermeier, Susan; Wilfong, Ephraim; Conn, Angelina V Subject: Fwd: Woodland Terrace Omission of Ordinance Requirement Attachments: carmelscan talktotucker.com_201 10705_125059.pdf Seven page document addressed in this memo has been delivered to city hall this morning for your mailbox there. From: JOHN KERR [mailto:njkerr @sbcglobal.netj Sent: Tuesday, July 05, 2011 8:58 AM To: Conn, Angelina V; Adams, John; Dorman, Jay; Grabow, Bradford S; Hagan, Judy; Kestner, Nick; Lawson, Steve; Rider, Kevin D; Stromquist, Steven R; Westermeier, Susan; Wilfong, Ephraim Subject: July 5, 2011 meeting On Friday, July 1, 2011, residents of Kensington Place (we) were invited to a meeting at Carmel City Hall to meet with City of Carmel personnel and Justus Company personnel. The meeting lasted approximately two and one half hours from 2:00 pm to 4:30 pm. We were presented with conceptual sketches and verbiage by Justus personnel of possible proposed changes to amend the application which was originally submitted for the Woodland Terrace project. Much discussion and many questions were asked in an effort to understand the proposed changes. As the discussion ensued, some previous concerns were discussed and some new issues and concerns were brought out based on information from City of Carmel personnel and from Justus personnel. Due to the date of the meeting, the 4 of July weekend and the July 5th meeting of the Plan Commission subcommittee, we respectively request that the PC subcommittee postpone any decision on the proposed changes to Woodland Terrace until more definitive data is received from Justus personnel for detail review by all concerned. Prior to the request for the Friday meeting, we were in process of obtaining architectural renderings which would dramatically demonstrate the differences between a four story building and a two story building based on the original application for Woodland Terrace. Out intent was to present these renderings to the PC subcommittee on July 5th for their review and consideration. Obviously, these renderings would need to be changed after we receive definitive and written data from Justus personnel. For your review of the KPHOA. drawings, we will place them in your office box at Carmel City Hall on Tuesday morning, July 5th. It is my• understanding ;that .the footprint of the :phase one building would not change. The phase one building would be changed by deleting one half of the fourth floor on the east side and the parapet would be ten or eleven feet in height. The Justus personnel stated that the fourth floor would then be approximately 85 feet from Kensington Place. The total height of the building is in question with the walk out basement. It was announced that the front of the project is the phase two building facing Smokey Row Road. This would mean that the curb cut for the service road will come in on the front of the project. It was also announced that the drainage plan for the project is still being reviewed. Although no soil test is to be conducted by Justus, it was brought out that soil from high ground would be scraped to fill in land to be level for the total project and then be compacted. In accordance Ordinance 24.99 A. 8. a. Amendment Requirements, does this provision allow for another public hearing? Respectfully submitted, John Kerr Conn, Angelina V ARE From: Conn, Angelina V Sent: Tuesday, July 05, 2011 10:30 AM To: 'Bradford S Grabow (brad.grabow +cpc @gmail.com)'; Hagan, Judy; 'ephraimwilfong gmail.com'; 'Steve Lawson (indylawson gmail.com)'; 'jw57adams@att.net Cc: Dorman, Jay; 'Steve Stromquist'; 'Susan Westermeier'; Rider, Kevin D; Kestner, Nick; Hancock, Ramona B Subject: FW: July 5, 2011 meeting (Woodland Terrace CCRC) FYI email from Kensington Place resident /homeowners association. -Angie Conn, Planning Administrator 571 -2281 direct From: JOHN KERR fmailto:nikerr(asbcalobal.netl Sent: Tuesday, July 05, 2011 8:58 AM To: Conn, Angelina V; Adams, John; Dorman, Jay; Grabow, Bradford S; Hagan, Judy; Kestner, Nick; Lawson, Steve; Rider, Kevin D; Stromquist, Steven R; Westermeier, Susan; Wilfong, Ephraim Subject: July 5, 2011 meeting On Friday, July 1, 2011, residents of Kensington Place (we) were invited to a meeting at Carmel City Hall to meet with City of Carmel personnel and Justus Company personnel. The meeting lasted approximately two and one half hours from 2:00 pm to 4:30 pm. We were presented with conceptual sketches and verbiage by Justus personnel of possible proposed changes to amend the application which was originally submitted for the Woodland Terrace project. Much discussion and many questions were asked in an- effort to understand the proposed changes. As the discussion ensued, some previous concerns were discussed and some new issues and concerns Were brought out based on information from City of Carmel personnel and from Justus personnel. Due to the date of the meeting, the 4 of July weekend and the July 5th Meeting of the Plan Commission subcommittee, we respectively request that the PC subcommittee postpone any decision on the proposed changes to Woodland Terrace until more definitive data is received from Justus personnel for detail review by all concerned. Prior to the request f or the Friday meeting., we were in process of obtaining architectural renderings which o€ kl .z.,:Fx§nati all i^ k t" 2 t EEh},eJli Te 4 he a I) s i ory: 1 e n d. ai WO s k or h .i s a' a x g g 'ri�1g_�„�kt�::i.C' 3£..:.�k. >1 t� ,.��rerw ..�...��:��eY4 L�.ti 8 �:w::,tY S� ��rl v'; x�..:s t: i >'z. �..xz 5.. r ...L..k�, the t r ana pli` aeon f r r m h±nd Terrace, (Lint a 1t att r IV, ent thew.. tenderinp the PC ;"F i t.C t T 9 1 5th i review if t ti Obviously, these l i 4EL.,a...assai7_:...__ .,i:,;al 5th i�,: €1`'t:f h___ v'�4.".t�b'.al�__ xr3�sC___.,��aftn. �l :..cs;aT� :�C .I�rY�dGg would to changed after we receive definitive and written data from Justus personnel. For your review of the KPHOA drawings, we will place them in your office box at Carmel City Hall on Tuesday morning, July 5th. It is my understanding that the footprint of the phase one building would not change. The phase one building would be changed by deleting one half of the fourth floor on the east side and the parapet would be ten or eleven feet in height. The Justus personnel stated that the fourth floor would then be approximately 85 feet from Kensington Place. The total height of the building is in question with the walk out basement. It was announced that the front of the project is the phase two building facing Smokey Row Road. This would mean that the curb cut for the service road will come in on the front of the project. It was also announced that the drainage plan for the project is still being reviewed. Although no soil test is to be conducted by Justus, it was brought out that soil from high ground would be scraped to fill in land to be level for the total project and then be compacted. In accordance Ordinance 24.99 A. 8. a. Amendment Requirements, does this provision allow for another public hearing? Respectfully submitted, John Kerr 2 July 4, 2011 MEMO TO: PLAN COMMISSION MEMBERS FROM: VIRGINIA KERR Woodland Terrace Omission of Ordinance Requirement Kensington Place Homeowners have recognized that the Woodland Terrace application omitted, either intentionally or negligently a requirement of Ordinance 238.09 Architectural Design Requirements. Paragraph E. Exhibits The following architectural exhibits shall be provided to the Commission... (2) Prospective computer- enhanced renderings showing the proposed building including how it will look from any adjoining residential areas, Because of that omission by Justus Companies, KPHOA commissioned such a rendering including to scale renderings showing that the proposed project would deprive adjoining Kensington Place properties of adequate light and air. Additionally, to scale drawings show that a two -story building would not deprive Kensington Place adjoining properties of light and air. Subsequent to KPHOA commissioning the attached drawings, Jim Shinaver telephoned the writer at approximately 4:00 p.m. on June 29 and invited the residents of Kensington Place to a meeting on July 1 (late Friday before the holiday weekend) at 2:00 p.m. to meet with Mike Hollibaugh and Angie Conn at City Hall. Present at that meeting were: Kevin Rider, Walter Justus, Jim Shinaver, Jon Dobosiewicz, eleven residents of Kensington Place, including Sharon Oldham, President of KPHOA, and attorney Jeff Bellamy for KPHOA. At that meeting there were proposals made by Justus Companies to amend their original proposal. When asked for specific drawings of the proposed changes, Justus representatives said that once the Plan Commission approved the new proposal, drawings would be done. Is not this in contradiction to what the ordinance requires? Mike Hollibaugh stated that the front of the building is along Smokey Row Road and therefore he considers the parking to be consistent with the US31 Overlay Ordinance. If the front of the building is where Phase 2 is proposed, is it important to consider adjusting the service road to be accessed from P c r s M e d D r i v e Mike it)ilibaugh BM sail## that "Gary Duritrar:is w ing<on line drainage;ptan :Untt the prat is consistent vAth the requirements, either the Man COSOSTOSSibil should vote no for approval or table the item until requirements are met. The seven drawings are being delivered on July S to your mail slot at City Hall. There are notations on the drawings that point to noncompliance of the project as it pertains to 23B US31 Overlay Ordinance. Please consider this memo and the seven drawings to be a part of the record. Conn, Angelina V From: Conn, Angelina V Sent: Monday, June 27, 2011 2:18 PM To: Adams, John; 'jw57adams@att.net'; 'jay@goweighless.com`; Hagan, Judy; 'NKrental @aol.com';'Steve Lawson'; Rider, Kevin D;'Stromquist, Steve`; 'Suewestermeier @aol.com'; 'Ephraim Wilfong' Cc: Hancock, Ramona B; Hollibaugh, Mike P; 'John Molitor'; 'brad grabow' Subject: Pls email your top concerns about Woodland Terrace CCRC Good afternoon, Commission Members: Please email Brad Grabow (brad.grabowPgmail.com) and cc: me your top 2 -3 concerns about the Woodland Terrace CCRC project, that they should discuss in committee. This will help the Subdivision Committee focus on what is most significant. Brad would like to have your top concerns emailed to him by Friday morning, so he can build a discussion agenda to use at the July 5 meeting. Thank you! Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir. Carmel, IN 46032 0: 317- 571 -2417 I F: 317 -571 -2426 I E: aconncarmel.in.gov W: www.carmel.in.00v /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e -mail 1 Conn, Angelina V From: Keeling, Adrienne M Sent: Thursday, June 23, 2011 1:03 PM To: Conn, Angelina V; Donahue -Wold, Alexia K; Hollibaugh, Mike P Subject: FW: Virginia Kerr Ordinance Amendment (additional info) All: Here is some additional information in light of Woodland Terrace going back to Committee and the discussion regarding a potential amendment of building heights in the US 31 Overlay. TIMELINE June 1985 Kensington Place Rezone: R2 -R4 (Z -207, 17 -85 Z) 1989 Kensington Place Subdivision Platted August 1990 Tri- County /Pro Med Rezone: R2 -B6 (Z -252, 40 -90 Z) 1996 US 31 Task Force Established, begins process of recommending amendments to the US 31 Corridor Overlay Zone Dec. 1997 US 31 Height Regulations amended to include 40% distance requirement from any residential property line (Z -324, 80 -97 OA) June 1999 US 31 Height Regulations amended to increase height between 1 -465 131 and stipulate 40% distance from S -2 &.R -1 residential. (Z -334, 105 -98 OA) May 2000 US 31 Height Regulations amended the 40% distance language to apply to any residential use or zone. (Z -340) CONSIDERATIONS SHOULD AN AMENDMENT OCCUR 1. Should the 40% distance from residential caveat supersede the underlying zoning height maximums? B -5 and B- 6 districts outside of the Overlay do not carry that restriction. a. B -5 45' (80' when in overlay between 1 -465 131 b. B -6 100' (150' when in overlay between 1 -465 131st 2. Should the 40% distance from residential caveat supersede minimum building heights? a. 38'/3 occupiable floors along 31 465 b. 26'/2 occupiable floors along adjoining streets such as Penn Illinois. From: Keeling, Adrienne M Sent: Tuesday, April 19, 2011 10:59 AM To: Conn, Angelina V; Donahue -Wold, Alexia K; Hollibaugh, Mike P Cc: Rider, Kevin D; 'John Molitor' Subject: Virginia Kerr Ordinance Amendment This is more for everyone's information, but at last night's Council meeting, Virginia Kerr (Kensington Place) asked the Council to consider amending the US 31 Overlay (see below). It may also come up at this evening's PC meeting during the Woodland Terrace discussion, so I thought I should give some background since I won't be at the meeting tonight. 23B.08.03 Building Height: As specified in the underlying primary zoning district(s), except as follows: A. Minimum Building Heights: 1. All uses along U.S. 31 and 1 -465: Thirty -eight (38) feet and three (3) occupiable floors. 2. All uses along Pennsylvania Street, Pennsylvania Parkway, Meridian Corners Boulevard, and Illinois Street Corridors, or adjoining arterial /parkway: Twenty -six (26) feet and two (2) occupiable floors. 1 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, June 21, 2011 1:12 PM To: 'njkerr @sbcglobal.net'; 'vkerr @TalkToTucker.com'; 'GARY DOXTATER'; 'asulli98 @yahoo.com'; 'jfsullivanjr @earthlink.net; 'anthompson2563 @yahoo.com'; 'jon.herron @sbcglobal.net'; 'dpsand @sbcglobal.net'; 'dlstaples @earthlink.net'; 'eric.evie @att.net'; 'fran.bowman @sbcglobal.net'; 'janpirkle @yahoo.com'; 'jcdickens @earthlink.net'; 'emjay312 @aol.com'; 'pmledlie @gmail.com'; 'Sharon Oldham'; 'SShellabarger @AnsonGroup.com' Cc: Hancock, Ramona B; 'jmolitor @prodigy.net' Subject: Woodland Terrace CCRC remonstrance /correspondence Good afternoon, Kensington Place residents It has come to the Department's attention that a few of you have mailed or emailed correspondence directly to the Plan Commission members only (and did not include the Plan Commission secretary Ramona Hancock or myself) and asked them to incorporate your comments into the record. Please note that those items can only incorporated into the record if you submit them to our Department, too. Otherwise, we do not know about them and /or do not have copies of the documents that you want placed in the official file. See you tonight, Angie Conn, Planning Administrator City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir. Carmel, IN 46032 0: 317 571 -2417 F: 317 571 -2426 I E: aconnacarmel.in.gov W: www.carmel.in.aov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e-mail 1 John Sullivan From: John Sullivan jfsullivanjr @earthlink.net> Sent: Tuesday, June 21, 2011 4:53 PM To: 'Conn, Angelina V' Subject: RE: Kensington Place/Woodland Terrace Angie, I am bringing to the meeting tonight a copy of a letter with attachments that I wrote all PC members. I sent the last one to John Adams' residence because I kept receiving bounce -backs from his city email address. Please also make my 6 page letter to the PC dated June 14, 2011, with a 25 pages of attachments. Please also make this email together with the letter and attachments part of the record in this matter. I believe that this material states my personal objections to the main parts of the project with specificity. Thanks, John Sullivan From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Tuesday, June 21, 2011 4:42 PM To: John Sullivan Cc: Hancock, Ramona B Subject: RE: Kensington Place /Woodland Terrace John thank you. I have printed all of these emails out, that you just sent to us, and will place them in the file. -Angie Conn, Planning Administrator From: John Sullivan [mailto :jfsullivanjr @earthlink.net] Sent: Tuesday, June 21, 2011 4:41 PM To: Hancock, Ramona B; Conn, Angelina V Subject: FW: Kensington Place /Woodland Terrace Please make this part of the permanent record, John Sullivan From: John Sullivan mailto :jfsullivanjr @earthlink.net] Sent: Tuesday, May 10, 2011 9:05 PM To: Idierckman @carmel.in.gov; jdorman @carmel.in.gov; bgrabow @carmel.in.gov; jhagan @carmel.in.gov; hirizarry@carmel.in.gov; nkestner @carmel.in.gov; slawson @carmel.in.gov; krider @carmel.in.gov; sstromquist @carmel.in.gov; swestermeier @carmel.in.gov; (ewilfong @carmel.in.gov) Cc: Anne Sullivan; "'Sully 'Anne and Lee'; 'Bev John 'Chris'; 'Cindy and Gary'; 'Dave and Pat; 'Debbie'; 'Eric and Evie 'Fran 'Jan'; 'Jeanie 'MJ 'Penny 'Sharon'; 'Susan 'Virginia John' Subject: Kensington Place /Woodland Terrace Dear Members: I am an attorney and have been licensed to practice law in Indiana for 45 years. I continue to practice law with my office at P.O. Box 479, Carmel, IN. 46082 phone 815 -8374. During this period of time, I have been involved in numerous real estate transactions, including the sale of and the valuation of residential properties in central Indiana. In my law practice, I have also had business dealings with staff members of cities, plan commissions and councils regarding zoning, variances and the staff process in the areas in which Kensington and Woodland Terrace are now involved and all transactions necessary and incidental to the sale of residential properties and their values. I also reside at 13562 Kensington Place in Carmel with my wife. Our home is directly to the east of the proposed building in Woodland Terrance apartment project. 1 It is my opinion that the staff and the Commission itself either have exceeded or will have exceeded their respective authorities if the Woodland Terrance petition is granted in any respect. The staff and the Commission have or would have exceeded their authority on the following points: 1. Carmel City Ordinance 23B.03 refers to certain uses being excluded in in the Meridian Overlay. In "Appendix A permitted use as a "Multiple Family Dwelling" is excluded by use of an 'E Permitted use as a Nursing /Retirement /Convalescent Facility" is prohibited by the use of a "Blank The Nursing /Retirement /Convalescent Facility" is prohibited by the use of a "blank" in the Overlay column. A "Blank" equals "Prohibited "Blank" is defined in the "Appendix A" code as being prohibited in the Overlay Zones. 2. Woodland Terrace proposes to build the apartment part of their project first and then the nursing part of their project if needed. Justus wishes to do this is because apartment occupancy in the Carmel area exceed 90% occupancy. Assisted living type facilities in the Carmel area average no more than 50% occupancy. The present plan of Justus is very apparently to develop the easy part of this project first and the part which will necessitate licensing by the State of Indiana only if needed thereafter (no time is set out in their proposal). There are numerous projects now existing, being built or proposed in the Carmel area for the Nursing /Retirement /Convalescent Facility category. It is more than conceivable that the nursing facility will never take place. We are told that the City does not consider "need" for such a facility but Justus has stated in their own proposal that the nursing section will only be built if it is feasible, thus "needed The point of my argument is that Justus asks that the City believe them when they say that they will build the nursing facility if "feasible" or needed but that at the same time the City's position is that the City does not take "need" into consideration. Justus proposal relies on "need" but the City says it does not consider "need How can this be? It cannot. 3. The height of the apartment project will exceed 70 feet from the exposed ground floor basement to the top of the parapet which will be 10 feet high on top of the 4th floor of the building which in turn is on top of an exposed walk -out basement. Each floor, including the exposed, walk -out basement, will consume 12 feet which equals 60 feet for the 5 floors (including the exposed basement) plus the 10 foot parapet equals 70 feet exposed above ground level. This building will be as close as 85 feet to Kensington. This building will block out the setting sun for and its resulting Tight from Kensington. Afternoon sunlight will also be eliminated from that part of the forest that is not destroyed by the building of the Woodland Terrace building. Noise and sound of 200 plus residents, employees, guests, vehicle smell and noise, garbage smell and large truck (garbage and delivery truck) noise will all together change the lifestyle of those not only in Kensington but in the entire vicinity as well as causing the present forest to be eliminated. 4. There has been no traffic study made by the City or anyone else regarding Smokey Row Road to the best of my knowledge since October 27, 2008. It appears that the staff relies on this 2008 study which it states permits this project. The staff and this Commission cannot realistically rely on a study made prior to the roundabout at Range Line Road and Smokey Row Road and prior to the widening of Old Meridian as it approaches US 31. It is my information that the date of the study, October 27, 2008. The traffic study itself did not include the times at which the study was taken. This is apparently the same traffic study that was deemed inadequate in the most recent project for this adjacent land when it was decided in Hamilton Superior 3 on December 10, 2009 under Cause No. 29D03 0805 MI 565. 5. Our way of life in Kensington Place will be forever changed by Woodland Terrance. Not only will there be a 70 foot building in our direct view but the apartment project will eliminate our certification as a Wildlife Preserve (the only residential neighborhood to be so certified as such in the State of Indiana). 6. A greater area than the permitted 70% of trees will be eliminated in our forest. Justus should be required to have the forest surveyed so that no greater a percentage of trees is removed than may be legally permitted. The difference in the percentage apparently is a result of the buffer area between Kensington and Justus being considered by Justus in the total percentage trees, whereas neither the buffer zone nor the trees on Kensington Place can be considered in the total tree area. Thank you, John Sullivan, 13562 Kensington Place. Please make this email a part of the permanent record in this matter. 2 Conn, Angelina V From: Jon Dobosiewicz [jond @NF- LAW.COM] Sent: Wednesday, June 15, 2011 8:02 AM To: Conn, Angelina V; Hollibaugh, Mike P- Cc: Jim Shinaver Subject: FW: Fwd: WOODLAND TERRACE Angie, 1 did not see you copied. Please see the below e-mail from John Kerr to PC members. Thanks, Jon From: "JOHN KERR" <njkerr @sbcglobal.net> Date: June 14, 2011 5:50:02 PM EDT To: <jadams @carmel.in.gov <ldierckman @carmel.in.gov <jdorman@carmel.in.gov <bgrabow @carmel.in.gov <jhagan @carmel.in.gov <nkestner @carmej.in.gov <slawson. @carmel.in.gov <krider@carmel.in.gov <sstromquist @carmel.in.gov <swestermeier @carrnel.in.gov <ewilfong@carmel.in.gov> Subject: WOODLAND TERRACE SIGNIFICANT REASONS FOR DENYING WOODLAND TERRACE APPLICATION Docket No. 11020013 DP /ADLS: Woodland Terrace CCRC Docket No. 11030006 ZW: Ordinance Chapter 23.08.01.D: front building setback 1 There is no Continuing Care Retirement Community (CCRC) under CarmePs Zoning Ordinance. (see Appendix A) 2 The Justus defined levels of "service to be delivered' within the proposed facility are Independent Living, Assisted Living and Skilled Rehabilitation Care. Justus will not provide the listed services because then they would have to be state and federally licensed. They have stated they will not. he licensed. They do not want the oversight (see Indiana State Health laws and Federal Laws) 3 Parking requirement. for a Nursing/Retirement /Convalescent Facility (although "Prohibited" per Appendix A) would be 282 parking spaces not the 173 proposed parking spaces for a CCRC. (see Zoning Ordinance 27.08) 4 t h rir z t 50 of the walk out basement Which faces Kensington Place. At this eastern face, the building would be a five story building. Due to the topography of the land, the building would be approximately 70 to 80 feet. in height compared to Kensington Place. (see Zoning Ordinance 23B.02 and Carmel Comprehensive Plan) 5 The Floor Area Ratio (FAR) has been exceeded. The survey referenced by Justus in the application shows Lot 1 at 2.651 acres and Lot 2 at 4.474 acres for a total of 7.125. (see sheet 1 of 2 of EMHT Surveyor. This sheet details the actual building site. Sheet 2 of 2 shows land description not the building site). (see also Hamilton County Property Report Lot 1 Deeded Acres 2.65 owner Justus Homes, Inc. owner address 177 Wood St. W., Paris, IL, 61944 and Lot 2 Deeded Acres 4.47 owner Justus Horne Builders, Inc., 1398 Shadeland Ave. N. Indianapolis, IN 46219 1 6 Based on Justus testimony at the Plan Commission Sub Committee meeting, Justus will not provide assisted living or skilled health care, but a tenant in their apartment complex can hire outside help as needed. For this reason, the Justus proposed apartment complex is only a Multiple Family Dwelling which is an Excluded Use per Appendix A. (see Appendix A) 7 A second curb cut on Smokey Row Road is proposed. No traffic study was required by Carmel for this project, but relied on an old study taken when Carmel High School was on vacation. Today's traffic with the addition of Drees and Centex facilities on this road has increased significantly. A second curb cut was previously eliminated. (see Instrument No. 9020914) (see also INDOT traffic study between Rangeline and Old Meridian taken May 2011). Respectfully submitted for the record. John Kerr, Managing Partner, Kensington Partners 2 NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B. MERRILL, CHARLES D. FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E. SHINAVER LAWRENCE J. KEMPER PHONE: 317-844-0106 JOHN B. FLATT FACSIMILE: 317 846 -8782 JON C. DOBOSIEWICZ, FREDRIC LAWRENCE Land Use Professional JAMES A. NICKLOY CHRISTOPHER A. FERGUSON C 8 June 10, 2011 Angie Conn City of Carmel One Civic Square Carmel, IN 46032 Re: Docket Numbers: 11020013 DP /ADLS 11030006 ZW DP /ADLS Application for the proposed Woodland Terrace Continuing Care Retirement Community (CCRC) Dear Angie: Enclosed you will find 15 paper copies and a CD containing a digital copy of the information booklet for the above referenced matter scheduled for consideration by the Plan Commission on June 21, 2011. Should you have any questions please do not hesitate to call. Very truly yours, NELSON FRANKENBERGER, P.C. il 4 ,..2______ _L i Jon C. Dobosiewicz Land Use Professional Enclosures Woodland Terrace Ltr to A Conn 061011 Conn, Angelina V From: Reynolds, Rick [rreynolds @emht.com] Sent: Friday, June 03, 2011 12:09 PM To: Conn, Angelina V Cc: Jon Dobosiewicz Subject: RE: Woodland Terrace CCRC sheet C2.1 Hello Angie, Rich Kelly has moved on to new adventures (he's at A &F Engineering) and you are stuck with me on this project. I have been putting together information relating to the questions raised in Mr. Doxtater's latest publication and it looks like you are also. The area of tree preservation depicted on C2.1 is 1.45 ac of the 7.06 ac site, which equals 20.54 We will preserve 100% of the plant material within these areas. The 50 -foot Greenbelt on the east side is what it is and we intend to stay out of it. When we get to the final construction drawings, we intend to increase the preservation area on the west side as much as possible with, for example, the use of creative grading techniques, retaining /haha walls, etc... In addition to making a concerted effort to save as much tree coverage as possible we are providing more than the required landscaping throughout the site. Kensington Place, by the way, removed approximately 95% of the plant material in developing its area. From what I can find in the City's documents, we exceed what a tree preservation area is. And, of course Daren has approved the Landscape Plan and Tree Preservation Plan. So, I don't think the percentage is relevant, at least not in written form. M. Tree Preservation Area: An area of existing woodland, reforestation or afforestation that has been specifically identified for protection or restoration on an approved Tree Preservation Plan in order to satisfy the requirements of the City of Carmel. 1 have researched historic aerial photos and found that until around 1980 the entire area was an open field /pasture. It began to be populated with trees about that time. Kensington Place came along in the early 1990's and cleared everything in its property (and a little bit on the Justus property). Typical reforestation of a cleared site happen initially with quick growing, invasive, weak wooded, undesirable trees, shrubs, weeds and vines. This is what we have presently. It takes decades for the natural processes of succession to develop beyond this to a more desireable forest community. Please, let me know if you have any questions or if I can help in any other way. Rick N. Reynolds, PLA, ASLA Project Manager 1 Landscape Architect. EMH &T Engineers, Surveyors, Planners, Scientists 7400 North Shadeland Ave., Suite 150, Indianapolis, IN 46250 v. 317.913.6930 1 c. 317.557.1933 1 rreynolds@emht.com emht.com Learn about EMH &T's leadership in sustainable design by clicking NEXTGENERATIONGREEN AMERICAN 'sue c�€ 3 t nr r ascn Green Since 1899 ARCHITECTS I 1 Conn, Angelina V From: Reynolds, Rick [rreynolds @emht.com] Sent: Friday, June 03, 2011 3:15 PM To: Conn, Angelina V Cc: Jon Dobosiewicz Subject: RE: Woodland Terrace CCRC sheet C2.1 Angie, just finished recalculating everything. The total site 307,446 sf minus all buildings and pavements of all kind 164,540 sf results in a remaining greenspace of 142,906 sf That equals 46.48% greenspace. Rick N. Reynolds, RLA, ASLA Project Manager I Landscape Architect EMH &T Engineers, Surveyors, Planners, Scientists 7400 North Shadeland Ave., Suite 150, Indianapolis, IN 46250 v. 317.913.6930 i c, 317.557.1933 I rreynolds @emht.com emht.com Learn about EMH &T's leadership in sustainable design by clicking NEXTGENERATIONGREENmn. 4MEWC ,N rr r of Green Since t899 ARCHITECTS From: Conn, Angelina V [mailto:Aconn @carmel.in.gov] Sent: Friday, June 03, 2011 12:18 PM To: Reynolds, Rick Cc: Jon Dobosiewicz Subject: RE: Woodland Terrace CCRC sheet C2.1 Also, 1 corne up with 3C ti of the site being green space (meaning no pavement, no permeable pavers 8t no building foaotprisnt)_ is that what you have? Thanks, Angie Conn, Planning Administrator From: Reynolds, Rick [mailto:rreynolds emht.com] n....._- i.__. m... _�....,.a- Sent: Friday, June 03, 2011 12:09 PM To: Conn, Angelina V Cc: Jon Dobosiewicz Subject: RE: Woodland Terrace CCRC sheet C2.1 Hello Angie, Rich Kelly has moved on to new adventures (he's at A &F Engineering) and you are stuck with me on this project. have been putting together information relating to the questions raised in Mr. Doxtater's latest publication and it looks like you are also. 1 Conn, Angelina V From: GARY DOXTATER [doxtgc @sbcglobal.net] Sent: Monday, May 30, 2011 6:46 PM To: Seidensticker, Eric; Sharp, Rick; Accetturo, John V; Griffiths, Joe; Snyder, Luci; Carter, Ronald E; Rider, Kevin D; Wilfong, Ephraim; Westermeier, Susan; Stromquist, Steven R; Rider, Kevin D; Lawson, Steve; Hancock, Ramona B; Hagan, Judy; Grabow, Bradford S; Dorman, Jay; Dierckman, Leo J Cc: Brainard, James C; Hollibaugh, Mike P; Conn, Angelina V; Passineau, Nichole M; Ashley CUFC Mulis; Mindham, Daren; Cheryl CUFC Gettelfinger; Gary CUFC Doxtater Subject: Booklet in the mail Hello Folks, I have spent a lot of time on the Woodland Terrace Justus Proposal. I did have the opportunity to make comments at the Plan Commission meeting when the Woodland Terrace proposal was introduced, but since the Kensington Place Homeowners Association chose to have several presenters, I was not able to give my portion of the presentation the time that was needed. Since that meeting, I have spent a lot of time preparing text and photos in booklet form that expresses more of the environmental and "Quality of Life" issues that I was unable to present to the Plan Commission due to time constraints. These environmental and "Quality of Life" issues will be compromised if the present form of the Justus Proposal is approved. I will deliver the booklet personally to you at the City Building for your review. All the photographs have been taken by several members of the Kensington Place Home Owners Association. Three of the pictures were taken at Meadowlark Park to demonstrate the severe erosion on the Park Trail and to show the Beaver lodge on Meadowlark Lake. The remaining photos are all on the Kensington Place property. I ask you to read this report with serious consideration to the impact this development will have on the "Quality of Life" that the City of Carmel promotes. I will be doing the printing on Monday and plan to get your copy to you by the end of the day on Tuesday, May 31, 2011. For the Resource, Gary "Dox" Doxtater 13559 Kensington Place Certified Wildlife Friendly Neighborhood Carmel, IN 46032 317 -575 -8818 -home 317 -640- 1558 -cell 317 875 9453 -IWF office Retired Director, DNR Division Fish and Wildlife 1 Conn, Angelina V From: Jim Shinaver [JimS @NF LAW.COM] Sent: Monday, May 16, 2011 2:26 PM To: Hollibaugh, Mike P; Conn, Angelina V Subject: Justus Woodland Terrace Continuance until June PC Meeting Mike In furtherance of our call on Friday and the Staff's request for some additional information to address some questions, we would request the Justus Woodland Terrace matter be continued until the June 21 Plan Commission meeting. Please show this item as continued on the May 17 Plan Commission Agenda and place it on the June 21 Plan Commission Agenda. Also, please advise the Plan Commission members of this continuance and please notify any of the interested neighbors of this continuance. Thanks. Jim Shinaver Nelson Frankenberger 3105 E. 98th Street, Suite 170 Indianapolis, In. 46280 317- 844 -0106 fax 317 846 -8782 jims @nf- law.com This communication is from a debt collector and is an attempt to collect a debt and any information obtained may be used for that purpose. THIS EMAIL MESSAGE AND ITS ATTACHMENTS ARE INTENDED SOLELY FOR THE USE OF THE ADDRESSEE HEREOF. IN ADDITION, THIS MESSAGE AND ITS ATTACHMENTS MAY CONTAIN INFORMATION THAT IS CONFIDENTIAL, PRIVILEGED AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS MESSAGE, YOU ARE PROHIBITED FROM READING, DISCLOSING, REPRODUCING, DISTRIBUTING, DISSEMENATING OR OTHEWISE USING THIS TRANSMISSION. DELIVERY OF THIS MESSAGE TO ANY PERSON OTHER THAN THE INTENDED RECIPEINT IS NOT INTENDED TO WAIVE ANY RIGHT OR PRIVILEDGE. IF YOU HAVE RECEIVED THIS MESSAGE IN ERRO, PLEASE PROMPTLY NOTIFY THE SENDER BY AN EMAIL REPLY AND IMMEDIATELY DELETE THIS MESSGE FROM YOUR SYSTEM. 1 Conn, Angelina V From: Conn, Angelina V Sent: Monday, May 16, 2011 2:37 PM To: njkerr@ sbcglobal .net'; 'vkerr @TalkToTucker.com'; 'GARY DOXTATER'; 'asulli98 yahoo.com'; 'jfsullivanjr @earthlink.net'; 'anthompson2563 yahoo.com'; 'jon.herron @sbcglobal.net'; 'dpsand @sbcglobal.net'; 'dlstaples @earthlink.net; 'eric.evie @att.net'; 'fran.bowman @sbcglobal.net'; 'janpirkle @yahoo.com'; 'jcdickens @earthlink.net'; 'emjay312 @aol.com'; 'pmledlie @gmail.com'; Sharon Oldham; 'SShellabarger @AnsonGroup.com' Cc: Hancock, Ramona B Subject: The Woodland Terrace CCRC item is tabled Importance: High Good Afternoon Our department received a request from the petitioner, to table item to the June 21 Plan Commission meeting. You do not need to attend tomorrow night's Plan Commission meeting. Please forward this email on to any of your neighbors I might have missed. Thank you. Sincerely, 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 1 F: 317 571 -2426 1 E: aconnOcarmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e-mail 1 Conn, Angelina V From: Duncan, Gary R Sent: Monday, May 16, 2011 9:33 AM To: Conn, Angelina V Cc: Barnes, David R; Greg Ilko; Redden, Nick; Thomas, John G; Chris White Subject: Woodland Terrace drainage overview from Gary Duncan Angie, I understand there has been additional questions regarding the drainage for the proposed Woodland Terrace. The current plan proposes to collect and convey the majority of the site to the south and then into the existing detention facility; bypassing Kensington Place. Kensington Place anticipated storm water runoff from a certain portion of the property to the west. This is evidenced by the existing contours and the inlet provided at the low spot about two thirds of the way up the western property line. Most of the acreage that presently drains into Kensington Place is being modified with development to drain to another outfall. The acreage draining from the west into Kensington Place is being reduced and the peak runoff rate in the proposed condition is Tess than the existing condition. The portion of the Woodland Terrace site that will continue to drain into Kensington Place is composed primarily of the 50 -foot tree buffer. Besides a reduction in the water shed that drains through this area into Kensington Place, the S0 -foot tree area will remain unaffected by the development. The drainage plan and supporting calculations of Woodland Terrace is subject to final construction plan review by the engineering staff before any construction permits are issued. The current drainage plan is consistent with the master drainage plan for the Pro -Med development. Thanks so much! Gary Gary R. Duncan, Jr., PE Assistant City Engineer City of Carmel Department of Engineering One Civic Square Carmel, IN 46032 (317) 571 -2441 (317) 571 -2439 (fax) gduncanPcarmel.in.aov Please consider the environment before printing this e-mail 1 Conn, Angelina V From: Chris White [crwhite @crwhitedevelopment.com] Sent: Monday, May 16, 2011 7:26 AM To: Duncan, Gary R; Hollibaugh, Mike P; Conn, Angelina V Cc: 'Reynolds, Rick'; wejustus @justus.net; 'Jon Dobosiewicz'; 'Jim Shinaver' Subject: FW: Woodland Terrace Drainage Comments update request Gary We have our Carmel Plan Commission Hearing Tuesday evening for the Justus Homes Woodland Terrace project in Pro Med Park. We reviewed this plan previously with you and Rich Kelly. The neighbors have continued to battle this project and continued to ask concerned questions about drainage. Could you please send an additional quick email to Mike Hollibaugh and Angie Conn in planning to confirm the following so that if questions arise at the plan commission meeting or prior to, they can be quickly replied and concerns put to ease. 1. The overall drainage plan is subject to final construction plan review and calculation review however the overall management plan is consistent with the drainage plan for the development. 2. Based on a review of the plan we are addressing the drainage concerns of the engineering department. All of the drainage runoff from the east edge of the building to the west including roof drainage) is proposed to be routed to the existing storm system in place for this parcel and routed to the existing storm detention pond located in the southeast corner of the site. The only future drainage runoff to reach the existing inlet in Kensington Place will be from the building east which is predominately the 50 tree buffer area. The future drainage runoff to the existing inlet in Kensington Place should be greatly reduced with this proposed design. 3. All details of the project drainage will be reviewed in detail by the engineering staff prior to a final permit being issued to start construction. Gary if there is any way to get this quick email to planning staff early today so that they can respond to some plan commission members raising questions would be greatly appreciated. If EMHT and I need to meet with you to review any additional items please let me know and we will work around your schedule. efulis white 317- 523 -6116 15658 Bridgewater Club Blvd. Carmel, IN 46033 CR White Development, LLC crwhite(crwhitedevelopment.com Site Solutions Group, LLC cwhite (sitesolutionseroupllc.com Conn, Angelina V From: Duncan, Gary R Sent: Friday, May 13, 2011 11:26 AM To: Conn, Angelina V; Greg .Hoyes @hamiltoncounty.in.gov'; 'David Lucas'; Littlejohn, David W; Mindham, Daren; Boone, Rachel M. Cc: Redden, Nick Subject: RE: May 17 plan commission meeting items Good morning Angie. Sorry for the delay in getting these out. Docket No. 11030008 PP: First and Sixth NW Primary Plat The Department supports the proposed primary plat conditioned on the provision of detention and storm water quality facilities in the event that the land disturbance associated with the improvements to the lot do not exceed -acre. The Department also reserves the right to review the final plans for the improvements to the lot to ensure that there are no standard and /or code violations associated with the improvements. This includes, but is not limited to grading and drainage and construction phase erosion and sediment control. Docket No. 10110012 DP /ADLS: Legacy PUD Turkey Hill Minit Market Tabled Docket No. 11040003 DP Amend: Walnut Creek Drive Extension Amend [Need to Review Latest Plans and any previously and recently issued comment letters] Docket No. 10100006 DP /ADLS: AutoZone Park Northwestern, Lot 1 To my knowledge, there has been no response to my comments dated November 17 2010 and emailed to Mr. Kittle on November 17, 2010. Approval of the entrance closest to Michigan Road remains unresolved. The Department will not support the proposed entrance and this matter has not been brought to the Board of Public Works and Safety. I am uncertain how the issue of compliance with the Alternative Transportation Plan has been resolved. Docket No. 11020013 DP /ADLS: Woodland Terrace CCRC All previous comments have been satisfactorily addressed. The following is restated from the last staff report for the benefit of the Plan Commission: The Department has no comment related to the access from 136th Street for deliveries and for emergency access. Traffic associated with deliveries is expected to be low volume. As previously determined for this use, a traffic study is not required. The use is expected to generate less traffic than the uses anticipated during initial approval of the overall Pro -Med development. The Department is still working through the drainage approval; but the overall management plan is consistent with the master plan of the Pro -Med development. The development will need to dedicate a small amount of additional right of way along the 136th Street frontage. The Department and the Petitioner have discussed compliance with the City's 20 year Thoroughfare Plan. These discussions are on going. The Department supports the removal of the "cul-de-bulb". The Department supports the location of the path on the east side of Pro -Med Lane. Provided that the proposed signage at the entrance does not affect safe stopping sight distance, the Department will support the location of the sign within the existing right -of -way. The petitioner has indicated that they will consider pursuing vacation of the right -of -way associated with the "cul -de- bulb I believe that if such right -of -way is vacated, the sign will not encroach in the right -of -way. The Stormwater Quality plan is consistent with the previous version of this plan. We are still working through approval of the proposed system. Docket No. 10120008 Z: The Bridges PUD All previous comments have been satisfactorily addressed. The Department will continue to work with the petitioner to resolve issues associated with compliance with the City's 20 -Year Thoroughfare Plan. 1 NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON 3105 EAST 98TH STREET, SUITE 170 JANE B. MERRILL, CHARLES D. FRANKENBERGER INDIANAPOLIS, INDIANA 46280 Of Counsel JAMES E. ER LAWRENCE J. K EMPER PHONE: 317-844-0106 E J. K JOl -IN B. FLATT FACSIMILE: 317 846 -8782 JON C. DOBOSIEWICZ, FREDRIC LAWRENCE Land Use Professional JAMES A. NICKLOY May 12, 2011 Angie Conn Carmel Dept. of Community Services One Civic Square RECEIVED Carmel, IN 46032 1 MAY 12 2011 RE: Supplemental Brochure the Justus Companies D O C$ Docket Nos. 11020013 DP /ADLS and 11030006 ZW Carmel Plan Commission scheduled for May 17, 2011 „74., Dear Angie: Enclosed you will find 15 Supplemental Brochures and a CD for the Plan Commission meeting scheduled for May 17 The Supplemental Brochure includes some renderings that were provided to the Subdivision Committee members and provides additional responses to some of their questions. Please distribute to the Plan Commission members the Supplemental Brochure and also remind them to bring their original Brochure for this matter that were distributed for the April 19 meeting. Thank you and please call should you have any questions. Very truly yours, NE SON FRANKENBERGER, P.C. �7 f: Inaver JCD/bjt Enclosures H: \Becks\Zoning R. Real Estate MattcrsUostus Carmel US 31\ Correspondence \Ltr to A Conn -PC 041511.doc Conn, Angelina V From: Conn, Angelina V Sent: Thursday, May 12, 2011 9:34 AM To: Hancock, Ramona B Cc: 'John Molitor'; Hollibaugh, Mike P Subject: FW: Kensington Place/Woodland Terrace email from John Sullivan Ramona please print this out, so we can mail it out with the PC dept reports today. Thank you. From: Rider, Kevin D Sent: Wednesday, May 11, 2011 8:14 PM To: Conn, Angelina V Subject: Fwd: Kensington Place /Woodland Terrace Begin forwarded message: Front: "John Sullivan" <jfsullivanjr @earthlink.net> Date: May 10, 2011 9:04:57 PM EDT To: <ldierckman @carmel.in.gov <idorman @carmel.in.gov <bgrabow @carmel.in.gov <ihagan@carmei.in.gov <hirizarry @carmel.in.gov <nkestner @carmel.in.gov <slawson @carmel.in.gov <krider @carmel.in.gov <sstromquist @carmel.in.gov <swestermeier @carmel.in.gov <ewilfong @carmel.in.gov> Cc: "Anne Sullivan" <asulli98 @yahoo.com "Sully <jfsullivanjr @earthlink.net "'Anne and Lee <anthompson2563 @yahoo.com>, "'Bev John <jon.herron @sbcglobal.net "'Chris <ccy57 @sbcglobal.net "'Cindy and Gary <doxtgc @sbcglobal.net "'Dave and Pat <dpsand @sbcglobal.net "Debbie" <dlstaples @earthlink.net "'Eric and Evie <eric.evie @att.net "'Fran <fran.bowman @sbcglobal.net>, Jan <ianpirkle @yahoo.com "'Jeanie <icdickens @earthlink.net "'MJ <emjay312 @aol.com>, "'Penny <pmledlie @gmail.com>, "'Sharon <sloldham @yahoo.com>, "'Susan <SShellabarger @AnsonGroup.com>, "'Virginia John <ikerr sbcglobal .net> Subject: Kensington Place/Woodland Terrace Dear Members: I am an attorney and have been licensed to practice law in Indiana for 45 years. I continue to practice law with my office at P.O. Box 479, Carmel, IN. 46082 phone 815 -8374. During this period of time, I have been involved in numerous real estate transactions, including the sale of and the valuation of residential properties in central Indiana. In my law practice, I have also had business dealings with staff members of cities, plan commissions and councils regarding zoning, variances and the staff process in the areas in which Kensington and Woodland Terrace are now involved and all transactions necessary and incidental to the sale of residential properties and their values. 1 also reside at 13562 Kensington Place in Carmel with my wife. Our home is directly to the east of the proposed building in Woodland Terrance apartment project. It is my opinion that the staff and the Commission itself either have exceeded or will have exceeded their respective authorities if the Woodland Terrance petition is granted in any respect. The staff and the Commission have or would have exceeded their authority on the following points: 1. Carmel City Ordinance 23B.03 refers to certain uses being excluded in in the Meridian Overlay. In "Appendix A permitted use as a "Multiple Family Dwelling" is excluded by use of an 'E Permitted use as a "Nursing/Retirement/Convalescent Facility" is prohibited by the use of a "Blank The "Nursing/ Retirement /Convalescent Facility" is prohibited by the use of a "blank" in the Overlay column. A `Blank" equals "Prohibited "Blank" is defined in the "Appendix A" code as being prohibited in the Overlay Zones. 2. Woodland Terrace proposes to build the apartment part of their project first and then the nursing part of their project if needed. Justus wishes to do this is because apartment occupancy in the Carmel area exceed 90% occupancy. Assisted living type facilities in the Carmel area average no more than 50% occupancy. The present plan of Justus is very apparently to develop the easy part of this project first and the part which will necessitate licensing by the State of Indiana only if needed thereafter (no time is set out in their proposal). There are numerous projects now existing, being built or proposed in the Carmel area for the Nursing /Retirement /Convalescent Facility category. It is more than conceivable that the nursing facility will never take place. We are told that the City does not consider "need" for such a facility but Justus has stated in their own proposal that the nursing section will only be built if it is feasible, thus "needed The point of my argument is that Justus asks that the City believe them when they say that they will build the nursing facility if "feasible" or needed but that at the same time the City's position is that the City does not take "need" into consideration. Justus proposal relies on "need" but the City says it does not consider "need How can this be? It cannot. 3. The height of the apartment project will exceed 70 feet from the exposed ground floor basement to the top of the parapet which will be 10 feet high on top of the 4th floor of the building which in turn is on top of an exposed walk -out basement. Each floor, including the exposed, walk -out basement, will consume 12 feet which equals 60 feet for the 5 floors (including the exposed basement) plus the 10 foot parapet equals 70 feet exposed above ground level. This building will be as close as 85 feet to Kensington. This building will block out the setting sun for and its resulting light from Kensington. Afternoon sunlight will also be eliminated from that part of the forest that is not destroyed by the building of the Woodland Terrace building. Noise and sound of 200 plus residents, employees, guests, vehicle smell and noise, garbage smell and large truck (garbage and delivery truck) noise will all together change the lifestyle of those not only in Kensington but in the entire vicinity as well as causing the present forest to be eliminated. 4. There has been no traffic study made by the City or anyone else regarding Smokey Row Road to the best of my knowledge since October 27, 2008. It appears that the staff relies on this 2008 study which it states permits this project. The staff and this Commission cannot realistically rely on a study made prior to the roundabout at Range Line Road and Smokey Row Road and prior to the widening of Old Meridian as it approaches US 31. It is my information that the date of the study, October 27, 2008. The traffic study itself did not include the times at which the study was taken. This is apparently the same traffic study that was deemed inadequate in the most. recent project for this adjacent land when it. was decided in Hamilton Superior 3 on December 10, 2009 under Cause No. 29.D03 0805 MI 565. 5. Our way of life in Kensington Place will be forever changed by Woodland Terrance. Not only will there be a 70 foot building in our direct view but the apartment project will eliminate our certification as a Wildlife Preserve (the only residential neighborhood to be so certified as such in the State of Indiana). 6. A greater area than the permitted 70% of trees will be eliminated in our forest. Justus should be required to have the forest surveyed so that no greater a percentage of trees is removed than may be legally permitted. The difference in the percentage apparently is a result of the buffer area between Kensington and Justus being considered by Justus in the total. percentage trees, whereas neither the buffer one nor the trees on Kensington Place can be considered in the total tree area. Thank you, John Sullivan, 13562 Kensington Place. Please make this email a part of the permanent record in this matter. 2 Conn, Angelina V From: GARY DOXTATER [doxtgc @sbcglobal.net] Sent: Tuesday, May 10, 2011 5:04 PM To: Conn, Angelina V Cc: Sharon Oldham Subject: Fw: Kensington Place Hi Sharon, I try to copy Angie on everthing that should go on the record. Thanx Dox Gary "Dox" Doxtater 13559 Kensington Place Certified Wildlife Friendly Neighborhood Carmel, IN 46032 317- 575 8818 -home 317 640 -1558 -cell 317 875 9453 -IWF office Retired Director, DNR Division Fish and Wildlife Director of Development, IN Wildlife Federation Appointed, Carmel Urban Forestry Committee Forwarded Message From: Sharon Oldham <sloldhamOyahoo.com> To: 'ldierckman @carmel.in.gov'; 'jdorman @carmel.in.gov'; 'bgrabow @carmel.in.gov'; 'jhagan @carmel.in.gov'; 'hirizarry@carmel.in.gov'; 'nkestner @carmel.in.gov'; 'slawson @carmel.in.gov'; 'krider @carmel.in.gov'; 'sstromquist @carmel.in.gov'; 'swestermeier @carmel.in.gov'; 'ewilfong @carmel.in.gov Cc: Eric /Evie Ambler <eric.evie@att.net Fran Bowman <fran.bowman@sbcglobal.net Fred /Jeanie Dickens <fwdickens @earthlink.net Gary/Cindy Doxtater <doxtgc@sbcglobal.net Jon /Bev Herron <jon.herron@sbcglobal.net John /Virginia Kerr <vkerr @talktotucker.com Penny Ledlie <pmledliel gmail.com Sharon Oldham <sloldham @yahoo.com Phil Pirkle <phil.pirkle@yahoo.com Jan Pirkle <janpirkle@yahoo.com MJ Ranck <emjay312 aol.com Dave /Pat Sanders <dpsand @sbcglobal.net Susan /Marty Shellabarger /Welch <sshel110msn.com Debbie Staples <dIstaples @earthlink.net John Sullivan <jfsullivanjr @earthlink.net Lee /Ann Thompson <anthompson2563 @yahoo.com Chris Young <ccv57 @sbcglobal.net> Sent: Tue, May 10, 2011 3 :47:41 PM Subject: Kensington Place Ladies and Gentlemen: As the President of the Kensington Place Homeowners Association, and on behalf of my neighbors, I am resending the various e -mails we have sent to the Plan Commission over the last few weeks. We understand that, for whatever reason, some of you have not been receiving them, and I am adding a qualifier to them. I am requesting that each of these e -mails be made a part of the permanent record in the Woodland Terrace proceedings. We very much appreciate your attention to this matter. Sincerely, Sharon Oldham President Kensington Place Homeowners Association Conn, Angelina V From: Mindham, Daren Sent: Monday, May 09, 2011 12:14 PM To: 'Jon Dobosiewicz'; 'Charlie Frankenberger'; 'Walt E. Justus'; 'Kelly, Rich'; 'Reynolds, Rick' Cc: Conn, Angelina V Subject: RE: Docket No. Assignment: 11020013 DP /ADLS Woodland Terrace CCRC Attachments: Woodland Terrace Approved Landscape Plan.pdf I see that this project is on the Plan Commission Agenda. I have attached the landscape plan stamped approved by me. Please let me know if there were changes to this design since last submitted to me; if so I will need to have it submitted for review. Daren Mindham Urban Forester City of Carmel Department of Community Services One Civic Square Carmel, Indiana 46032 Office: 317 571 -2283 *The true meaning of life is to plant trees, under whose shade you do not expect to sit. Nelson Henderson From: Conn, Angelina V Sent: Monday, February 21, 2011 2:43 PM To: Boone, Rachel M.; Blanchard, Jim E; Mindham, Daren; Donahue -Wold, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Keeling, Adrienne M; Littlejohn, David W; Martin, Candy; Mindham, Daren; Stewart, Lisa M; Tingley, Connie S; Barnes, David R; Duncan, Gary R; Haney, Douglas C; 'John Molitor' Cc: 'Jon Dobosiewicz'; 'Charlie Frankenberger'; 'Walt E. Justus'; 'Kelly, Rich' Subject: Docket No. Assignment: 11020013 DP /ADLS Woodland Terrace CCRC I have issued the Docket Number for Woodland Terrace CCRC It is the following: Docket No. 11020013 DP /ADLS: Woodland Terrace CCRC The applicant seeks site plan design approval for a continuing care retirement community (CCRC) on 7 acres. The site is located at 136 Street and Pro Med Lane, and is zoned B -6 /Business, within the US 31 /Meridian Street Overlay. Filed by Charlie Frankenberger of Nelson Frankenberger, on behalf of Justus Homes, Inc. Mr. Jon Dobosiewicz, land use specialist, and Mr. Frankenberger, project attorney, can be contacted at 317 844 -0106. FEE: 7.12acre DP $1,774.94 ADLS $912.00 Total due: $2,686.94 Petitioner, please note the following: 1. This item will be on the Wednesday, March 16 meeting agenda of the Technical Advisory Committee (TAC), which begins at gam. If not done already, the petitioner must submit plans and review materials to all TAC members ASAP via email and /or mail. The updated TAC members list is online at: http: /www.ci.carmel.in.us /services /DOCS /DOCSTAC2004.htm. 2. Mailed and Published Public Notice needs to occur no later than Friday, March 25. Published notice is required within the Indianapolis Star. Try to get the public notice ad to the IndyStar by Noon, two days prior to the public notice deadline, in order for them to publish it on time. Also, the placement of a public hearing sign on the property is required; see application. 1 Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, April 20, 2011 10:47 AM To: 'GARY DOXTATER' Cc: Rider, Kevin D; Hollibaugh, Mike P Subject: RE: Plan Com. meeting, Woodland Terrace CCRC Attachments: D00079.pdf Dox as requested last night, attached are the preliminary review comments from the Planning /Zoning Dept. that we sent to the petitioner, for Woodland Terrace CCRC. And, I see from the email below that you have contacted Daren about the Forestry Dept's review comments... -Angie From: GARY DOXTATER [mailto:doxtgcCasbcglobal.net1 Sent: Wednesday, April 20, 2011 7:26 AM To: Mindham, Daren Cc: Hollibaugh, Mike P Subject: Plan Com. meeting Hi Daren, sorry for hitting you with this the first thing this morn, but I just didn't sleep much last night. I was very upset with the statement that the Justice representative made about your comments. We met with the City Forester and he has signed of on our Plan I'm sure that those words were not exactly what he said but would lead one to believe that you approved. During my presentation, I mentioned that I could not believe that Staff wouldn't have had some negative comments. After the meeting I spoke with one of the Commissioners and he contacted Angie and she would send me the Department's comments. I hope this isn't the case but we both know how the "word merchants" can say something that isn't the truth but sounds like it is. I think we really need to take a more in depth look at the TPA situation. See you tonight at the CUFC meeting. We can figure something out on this, but it does bother me, and Thanx Dox Gary "Dox" Doxtater 13559 Kensington Place Certified Wildlife Friendly Neighborhood Carmel, IN 46032 317- 575 -8818 -home 317-640-1558-cell 317 875 9453 -IWF office Retired Director, DNR Division Fish and Wildlife Director of Development, IN Wildlife Federation Appointed, Carmel Urban Forestry Committee 1 Conn, Angelina V From: Conn, Angelina V Sent: Thursday, April 21, 2011 2:15 PM To: 'Jon Dobosiewicz' Cc: 'Kelly, Rich' Subject: Woodland Terrace CCRC parcel coverage percentage? Hi Jon Please recalculate the parcel coverage percent of this project, including building footprints, all asphalt (pervious and non), concrete, etc. I do not think the maximum parcel coverage you list at 24.05% is correct (on sheet c2.0); please verify. Thanks, �4 1 S )eji--°\(1 Angie Conn, Planning Administrator /b City of Carmel Planning Zoning Division Dept. of Community Services 1 Civic Square, 3rd Fir. Carmel, IN 46032 0: 317-571-2417 I F: 317- 571 -2426 i E: aconn©carmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e-mail 1 Conn, Angelina V From: Jon Dobosiewicz [jond @NF LAW.COM] Sent: Thursday, April 21, 2011 3:59 PM To: Conn, Angelina V Cc: Kelly, Rich Subject: RE: Woodland Terrace CCRC parcel coverage percentage? Angie, We were using the Lot Coverage definition in the Zoning Ordinance when calculating that amount. As you know "Parcel Coverage" as it appears in the Highway 31 Overlay text is not a defined term but "Lot" and "Lot Coverage" are defined terms which includes a portion of a parcel as defined. Lot Coverage is defined as the percentage of lot area covered by building area. 63.56% is the coverage percent using the parameters you just provided. Please let me know your determination on how we should do this. It seems to me that Lot and Parcel based on the definition are synonymous terms and therefore the parameters you requested may not be consistent with how the Ordinance views lot coverage. Based on our response please let me know if you want the number on Sheet C2.0 changed. It should not make a difference either way as 65% is the maximum permitted amount. Thanks, Jon C. Dobosiewicz Land Use Professional Nelson Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317 844 -0106 (Office) 317 428 -8393 (Cell) 317 -846 -8782 (Fax) jonna nf- law.com From: Conn, Angelina V [mailto:AconnOcarmel.in.gov] Sent: Thursday, April 21, 2011 2:15 PM To: Jon Dobosiewicz Cc: Kelly, Rich Subject: Woodland Terrace CCRC parcel coverage percentage? Hi Jon Please recalculate the parcel coverage percent of this project, including building footprints, all asphalt (pervious and non), concrete, etc. I do not think the maximum parcel coverage you list at 24.05% is correct (on sheet c2.0); please verify. Thanks, 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 I F: 317 571 -2426 1 E: aconnPcarmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e -mail 1 Conn, Angelina V From: John Molitor [jmolitor @prodigy.net] Sent: Monday, April 25, 2011 11:19 AM To: Conn, Angelina V Cc: Hollibaugh, Mike P Subject: Fw: Kensington Place Meeting Angie See the message below from Sharon Oldham, which invites members of the Plan Commission to attend an informal meeting on Thursday, April 28, which will include representatives of the Justus group and residents of the Kensington Place neighborhood. My advice to the members of the Plan Commission is NOT to attend this meeting on Thursday afternoon. I say this primarily because of the difficulty involved in ensuring that we comply with Indiana's Open Door Law (ODL). Under the ODL, if any three members of the Subdivision Committee (or any six members of the full Plan Commission) were to attend (or even just observe) this meeting, it would arguably need to be treated as a full blown public meeting of the Committee (or Commission) and the ODL would then require that it be held in a place accessible to the public and with at least 48 hours notice to all members of the public. It would not be problematic under the ODL if individual members of the Commission were to visit with one or more Kensington Place residents at different times and different places, in order to discuss various issues related to the proposed development. However, it is essential that we avoid a situation where a quorum of either the Subdivision Committee (three) or the entire Commission (six) are in a meeting together with residents at the same time and place. Please forward this opinion on to the members of the Commission. John Molitor Counsel to the Carmel Plan Commission John R. Molitor Attorney at Law 9465 Counselors 'Row, Suite 200 Indianapolis, IN 46240 Office (317) 843 -5511 Mobile (31 7) 506 -8090 Forwarded Message From: Sharon Oldham <sloldham @vahoo.com> To: Idierckman @carmel.in.gov; jdorman @carmel.in.gov; bgrabow @carmel.in.gov; Jhagan @carmel.in.gov; hirizarry @carmel.in.gov; nkester @carmel.in.gov; slawson @carmel.in.gov; krider @carmel.in.gov; sstromquist @carmel.in.gov; swestermeier @carmel.in.gov; ewilfinq @carmel.in.gov; jmolitor @prodigy.net Cc: Eric /Evie Ambler <eric.evie @att.net Fran Bowman <fran.bowman @sbcgiobal.net Fred /Jeanie Dickens <fwdickens @earthlink.net Gary /Cindy Doxtater <doxtgc @sbcolobal.net Jon /Bev Herron <jon.herron @sbcglobal.net JohnNirginia Kerr <vkerr @talktotucker.com Penny Ledlie <pmledliel @gmail.com Sharon Oldham <sloldham @vahoo.com Jan /Phil Pirkle <phil.pirkle @vahoo.com MJ Ranck <emjay312 @aol.com Dave /Pat Sanders <dpsand @sbcglobal.net Susan /Marty Shellabarger/Welch <sshell1 @msn.com John /Debbie Sullivan /Staples <jfsullivanjr @earthlink.net Lee /Ann Thompson <anthompson2563 @yahoo.com Chris Young <ccv57 @sbcglobal.net> Sent: Saturday, April 23, 2011 10:50 PM Subject: Kensington Place Meeting 1. Dear Ladies and Gentlemen: At the conclusion of the Plan Commission meeting on Tuesday, April l9th, some of the Kensington Place residents were approached by commission members with comments. One of the suggestions we heard was that we meet with the Justus associates prior to the May 4th subdivision committee meeting. While many of my neighbors feel we have made our objections to the development quite clear, others thought we should have a meeting. Therefore, we are meeting with a group of five or six members of the Justus group, and we would like to extend an invitation to each of you to attend also. We will meet on Thursday, April 28th at 3 P.M. at the home of John Sullivan and Debbie Staples at 13562 Kensington Place. If you cannot make it at 3, we will be around until 5, so if there is a time that is more convenient for you, please feel free to drop by. We hope this will be an opportunity to more adequately discuss our objections, and perhaps to show those who aren't familiar with the site the topography, the mature woodlands and the drainage issues. We understand you are all busy, but we hope you will have the opportunity to stop by. If you'd care to RSVP I will have a name tag ready for you, or you can make your own when you get here. Thank you so much for your thoughtful questions and your willingness to listen to our concerns. Sincerely, Sharon Oldham President, Kensington Place Homeowners Association 2 d J Ak lour 1ou are imp 3 Ja) a aoJ smaulo inbaz trl)I•i13dsauj p apop utrewul q lsIxa tre0 „DNJ3 pasuaorlun„ atp mot! jo uoileuuldxa s,dIM o"1 gum pagsilgs lou am am pu13 sluaurotinba.t awls put aau1311rpiO guuzoZ Iaump `suoiliurlap uaamlaq suoilorpu.rluoo rftreur aru aioq pirq aM •aiu1s a41 Aq paunbai tiursuaorl atp lnot 1nq »jyj 13 JO „saoidsne„ atp Japun ale.zado of sasodoid d.LM aq1, 'g 2ursuaorl ow is 1nogllm aluiado `D2IJD g oq of tuiglo two dim atll :coq pug sluotuatinbat Sursmaoll alms guuipul atll `D2IJD a jo uoTluzilap orui alp 2tupauno.1 suotlsanb Smut 'Sum angtl aM •sarlinrloe u0i113neox3 Lt[o3J a utnup low ail 01 onp lot &upIaed puu 2uiplinq H ag110 xalaazuad a41 punore Isol aq IIrm EON 110i113AJasaad 00:11, oql 101001 0Z-01 Ieu0i1lpp13 tre 1 /I AWN si 1I •q •an1AJns o1 /C1a iI 1ou are raw uoTluAJasard aar1, a41 tri soon 2u1lsrxo a41 `14a4uns Jo lunoute Iuurlurur still 4ITM •aauld uol &uisuaN Jo spzuif3l0uq aril puu raw uopen.tasazd aaij atp ui 1tl 4uns Jo smog -Z 1n0g13 `au.ran13 uo `aq Apo ink amp `2urplmg luoutlnude Hut COL -S9 '13 purgaq 130.1E ITEMS sup rI1TM �flradazd Idm 1 S I 113uouIpp131113 pue 13a.1FI uojunaasaId aaty 13 jo ,OS sapnlour sigj 'Xltadoid dLM alp Jo )Iouq alp pure loaals jo opts Isom 041 uo sJattmoauto4 ao131d uo1SItrsuoN atp Jo sou Xpadoad aq1 uaamlaq S9 Jo tunutrxuut 13 aq IIrm aza41113p stump dim oq •z •s.aumoatuo4 aoeld uol2uisuax atp J01 lurodpuuls otla4lsau puu aji1 jo Xupenb 13 tualj 2112Toq ?uipITnq jo ,0L-g9 a ulna atp lapisuoo asi oid noS imp 3Isu am lnq 'poi alp 10 uo� r1� „ap a apz a 1ou oas p 1llora4 Turor o„ alp lgtp azquat aM ',OL 01 asola aq moo 140iaq "uTpling a41 'Trim 111 •1q tail uT ,9 -17 aa41ouu Xlg13gozd sr 1ug1 poi 041 uo shun uiuoTlipuoa ITL' aq1 apiu o1 „opu513J„ 041 oq 'pm still anogy Joo.z m13 a41 jo dol atp 011uSIaq puuoilippe jo 1oaj 9 j7 Is13a1 111 azinbai IJTm sup 1a1 puu ojo `5uigtunld luortloala )VAH `uoilulnsui .Joj'urmoliu tool ul l' 041 JO 2uiliao 041 anog13 aouds aq 01 an134 Osj13 ITIM amp auznssu am `JoAamoH Co) •S aouds urn11 JO S:IOOJI pug luatuosuq 13 oq IITM ata sum upootu sigl tuo.tl 2uipuulsaapun .tnp •aouuurpzo guruoZ Iatu.ru) atp gum aottepJ000u uT aq Ilim snqi pure lg0ia4 11 T ,OS paaoxa 1ou !pm 3uipprng a41 1e41 suriglo dim ata T •1o0(ord aog:rzal, puuppooM 041 to j1134aq uo ap13uz oq uuo uoTsoap 13 atoJaq 1Taun0;1) uu1d 1auuu3 a "1 ifq uoTlguTuluxa aa4l1n j oiinbaz 113 sanssr pe1anas IITIs a.i13 amp anagaq am `anputtuolu1 A.zan sum SuJ1aatu aq1 g2n041N •sanssi asatp jo Augur uo uollearlia13la .za41ln11a o1 ldutallu 0 1(IIOZ `8Z TPdd uo) meal snlsnl alp gltm law anuq am 11042 a ITN `61 IudV uo 2uTlaatu ITounoD u131d 0412uLrnp SIII0OUOD ,saaumoauroq could u01aUTsuax a41 10 ruiaAas plea" noX 'amid uolauisuaN JO Isom a "101 iflzadoid alp 003 pasodoid uaaq 11341 (dim) 1oa[0Jd aouna1 puelpooM a "101 p.rOar tu urltzm um I •Id u0l&uisuaN ILS£I 1e and I puu .Ia -113(.1EHOLIS 1113SMS Si aureu' AT :11131s p ure lioun03 uuld IaurteD "eau loefoad eo1aael pu13!pooM uIIM suaaouoo eo13!d uolbu!sueN :laa(gns A 13ui!ebuy `uuo0 `d eviN `g6neq!j!oH 'leu 13uoW13U NooOu13H 'w!uaud3 `uesns `ae!etuaelseM 'H• uenels `ls!nbuaoals `G u!ne>i `aap!a `enels `uosM131 :)jo!N `aeulseN `W aegl13aH WAaa13zu! `Apnr 'u13613H `S paolp13J9 `mogeie !Aer `u13tuaoa :noftur!euaaeo ©uew)pa!p! :oj Ad 176:8 l LO `8Z iudy `A13psanU1 :Wee [uaoo'usua G!ieuss] ae6a1g13!!eus uesns :ruoaj flaw*? 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For the Overlays columns, if the square is blank, then that means that the land use is permitted in the overlay. Only if there is an `E' in the square, does is mean that the use is Excluded by Overlay. Attached is the use table to illustrate. Regarding John's second question: If you read the Department Report for Woodland Terrace CCRC, it states that the Carmel Dept. of Engineering (DOE) is still reviewing the plans, and that a traffic study will not be required. DOE analysis has determined the use will generate less traffic than the uses previously proposed for the real estate, and that further study should not be required. I have copied Mike and Gary on this email, should you need further clarification from them about this (since I am not an engineer!). J Please let me know if you need anything else, 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 I F: 317 -571 -2426 1 E: aconn @carmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e -mail From: Rider, Kevin D Sent: Sunday, May 01, 2011 11:01 PM To: Conn, Angelina V Subject: Fwd: Kensington Place /Justus development Please give me a response to this email when you can thanks. Kevin (Woody) Rider Carmel City Council Begin forwarded message: From: "John Sullivan" <ifsullivanir@earthlink.net> Date: May 1, 2011 8:36:21 PM EDT To: <eseidensticker @carmel.in.gov <rsharp @carmel.in.gov <iaccetturo @carmel.in.gov <igriffiths @carmel.in.gov <Isnyder @carmel.in.gov <rcarter @carmel.in.gov <krider @carmel.in.gov> Subject: Kensington Place /Justus development Very probably none of you will be able to check your emails before election day. As a result, I wish each one of you the very best in your election efforts. 1 Justus' development just to the west of Kensington Place is now pending with a hearing before a Plan Commission subcommittee meeting this coming Wednesday evening. l have several questions which I believe may be best answered by the Council. The first question pertains to Ordinance 23B.03 where Permitted Uses refers to Appendix A: Schedule of Uses in the US 31 Overlay Zone. Multiple Family Dwellings, which are the same as apartment complexes, are excluded in the Meridian Overlay. Nursing /Retirement /Convalescent Facility are Prohibited in the Meridian Overlay. The MFDs are excluded because an `E" is in the legend at the top right of the page; the N /R /CF are prohibited because there is 'Blank' in the legend. Excluded and prohibited are a distinction without a difference so neither use should exist within the Meridian Overlay. The second question is why has there not been a traffic study made on this project. We are advised by Justus that the City has advised them that the necessity of a traffic study has been waived. Surely this must be a misunderstanding. Apparently the City is relying on a 2005 or a 2007 traffic study. The 2007 study was found inadequate by the PC and by the Hamilton Superior Court, Div. 3, Midwest Hospitality vs. City of Carmel. The traffic study on which the City now apparently relies was made previous to the 2007 study. Since then a roundabout at Smokey Row 136 has been installed both drawing traffic and permitting the traffic to be faster. Carmel HS buses use this extensively between 3:30 and 6:00 PM, vehicle traffic backs up headed west back to Kensington Place or further. The new roundabouts will permit Smokey Row traffic move faster which will make it more difficult for traffic to turn left into the Justus Property and Med Pro. Above all, it will make it practically impossible for traffic to turn left out of Justus /Med Pro onto Smokey Row. We hope that any traffic study will be made when Carmel High School is in session so that bus traffic both east and westbound may be taken into consideration. Thank you, John Sullivan 815 -8374 2 Conn, Angelina V From: Littlejohn, David W Sent: Wednesday, April 13, 2011 1:04 PM To: 'Jon Dobosiewicz'; Conn, Angelina V Cc: Reynolds, Rick Subject: RE: Remaining concerns with Woodland Terrace CCRC? Thanks Jon, I reviewed the revised Woodland Terrace site plan and my concern has been addressed. Thanks for following up on this. David Littlejohn, AICP Alternative Transportation Coordinator Department of Community Services City of Carmel One Civic Sq Carmel, IN 46032 (317) 571 -2306 A Please consider the environment before printing this e -mail From: Jon Dobosiewicz [mailto:jond©NF- LAW.COM1 Sent: Wednesday, April 13, 2011 12:37 PM To: Conn, Angelina V Cc: Littlejohn, David W; Reynolds, Rick Subject: RE: Remaining concerns with Woodland Terrace CCRC? David, All sidewalks and asphalt path along the street perimeter of the site will be within the right -of -way. If you have a question about a particular segment please reply to all with a mark up of the particular area so this can be addressed. Thanks, Jon Jon C. Dobosiewicz Land Use Professional Nelson Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317 -844 -0106 (Office) 317 428 -8393 (Cell) 317 846 -8782 (Fax) jon( nf- Iaw.com NOTICE OF CONFIDENTIALITY This E -mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not 1 JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE JAMES A. NICKLOY CHRISTOPHER A. FERGUSON Angie Conn City of Carmel One Civic Square Carmel, IN 46032 Dear Angie: NELSON FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317 844 -0106 FACSIMILE: 317- 846 -8782 April 8, 2011 Re: Docket Numbers: 11020013 DP /ADLS 11030006 ZW DP /ADLS Application for the proposed Woodland Terrace Continuing Care Retirement Community (CCRC) JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional Enclosed you will find 15 paper copies and a CD containing a digital copy of the information booklet for the above referenced matter scheduled for Public Hearing by the Plan Commission on April 19, 2011. Enclosures Should you have any questions please do not hesitate to call. Very truly yours, NELSON FRANKENBERGER, P.C. Woodland Terrace Ltr to A Conn 040811 C„ Jon C. Dobosiewicz Land Use Professional ,t)4 Conn, An elina V From: Conn, Angelina V Sent: Thursday, March 31, 2011 4:00 PM To: 'Jon Dobosiewicz' Subject: Woodland Terrace CCRC neighbor concerns Jon It's been a few weeks since I heard this, but a few concerns of the Kensington Place residents are: n The grade change of your site vs. theirs, and how that relates to the building heights. n Water flow, and how it comes from the north near US 31 passes over your site, and flows through their site Blocking of sunlight and shadows produced n Wind /air flow and how the mass of the building will block it Sight lines and privacy n Delivery truck access drive location That's all I have for now. Angie 1 Conn, An•elina V From: Jon Dobosiewicz [fond @NF- LAW.COM] Sent: Wednesday, March 09, 2011 1:50 PM To: Conn, Angelina V Cc: Charlie Frankenberger Subject: Justus Woodland Terrace Angie, Based on our discussion today regarding the parking and building placement along Smokey Row and the determination by Mike we will file a request for Waiver approval by the Plan Commission to permit the building setback to be 40' as indicated on the Plat which is reduced from the 60' required by Section 23B.08.01.D based on the underlying B -6 zoning. Subject to approval of the Waiver and the determination made by staff today it is my understanding that provided the parking spaces meet the building setback of 40' along Smokey Row which would be beside the building the plan would then conform to the requirements of 23B.08 Height and Yard Requirements and Section 23B.12.A which does not permit parking between the build to line and US 31 right -of -way. In addition I will instruct the architect to make the adjustment you recommended for the building to comply with Section 23B.09.D regarding roof modulation by raising the flat area of the parapet wall above the main entry. Thanks for your time today. I will submit a reply to all comments b April 4 as requested. Thanks, Jon Jon C. Dobosiewicz Land Use Professional Nelson Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317- 844 -0106 (Office) 317 -428 -8393 (Cell) 317- 846 -8782 (Fax) jon@nf- law.com NOTICE OF CONFIDENTIALITY This E -mail message and its attachments (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing. reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E -mail and immediately delete this message from your system. .*r e **s* *s* *x** **?s** x ;e '<ac :s** •k 'e :s*** X*:; $***x* This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. 1 Conn, An•elina V From: Donahue -Wold, Alexia K Sent: Friday, March 04, 2011 4:24 PM To: Conn, Angelina V Subject: RE: Review comments for Woodland Terrace CCRC In regards to your other comments, 1 am in favor of number 23. wasn't even sure what front yard setback regulations they were using, but since they will be very visible from US 31 I think it makes sense to make them fit the intent of the ordinance. The roof line isn't as big of a deal for me, but I suppose it should be modulated some way according to the ordinance. Either modulate that actual roof line, or pretend the parapet is the roof and modulate it according to what the ordinance says for sloped roofs. Hope this wasn't too confusing. I was going to just come down and talk to you about them, but then realized I had missed you. See you Monday. Lex From: Conn, Angelina V Sent: Friday, March 04, 2011 12 :10 PM To: Donahue -Wold, Alexia K Subject: RE: Review comments for Woodland Terrace CCRC Sure. See below. I am still not sure about the 3 highlighted in blue text below, since the previous petitions for the Justus office did not reflect this. Thanks again! Preliminary Planninq/Zoninq Dept. review comments: 1. Feel free to bring color /material samples of the building to the Plan Commission meeting. 2. Need Secondary Plat/Replat application, in order to combine the two platted Tots into one, to remove the middle property line, and also to remove part of the N.A.E. 3. Please provide copies of your correspondence with the TAC members and their correspondence with you. 4. Remember to include the Development Plan application's Findings of Fact sheet in your final info packets. 5. Provide the filled out and notarized affidavit of notice of public hearing page of the application. 6. Provide the filled out Notice of Public Hearing page of the application. 7. Provide the filled out and notarized Public Notice Sign Placement affidavit page of the application. 8. Provide an exhibit with the site plan overlaid upon and aerial photo of the site. 9. Need to- scale architectural building elevations on 24 x 36 or similar sized paper. 10. Please label the mechanical equipment locations on the site plan and building elevations and provide details on how they are screened from view. This includes electric and gas meters. 11. Please consider using additional LEED or 'green' building practices, such as a white membrane roof, solar panels, skylights, etc. List is attached. 12. Need a revised traffic study and analysis, since when the Holiday Inn item was brought through. (Please verify this with the City Engineering Dept, 571 2441.) 13. Per the thoroughfare plan, a 50 -ft half r/w is required along Smokey Row. (Please verify this with the City Engineering Dept, 571 2441.) 14. Prepare an estimated construction cost to comply with the Thoroughfare Plan Alternative Transportation Plan; contact the Engineering Dept. for more details. 15. Please label the 5 -ft wide sidewalk along Pro Med Dr. and label the 10 -ft wide side path along Smokey Row Rd. 16. Will you be adding a path connection stub into the path surrounding the pond at Meadowlark Park?