Loading...
HomeMy WebLinkAboutCorrespondenceConn, Angelina V From: Jon Dobosiewicz [jond@NF- LAW.COM] Sent: Wednesday, December 07, 2011 7:38 AM To: Conn, Angelina V Cc: Charlie Frankenberger Subject: RE: Turkey Hill © Legacy PUD? Angie, This item need to remain tabled until January. Thanks and let me know if you have any questions. 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 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. >V* �C �C:$...:< Z:***>:':<** **1 *** :XCti \?;C.+'i?C: ik.\,'* *.,C:k:S** ** :***** *JjC*% ih.' C**X.*-1<XKY:X*?;: ***}:*****Y:}:*«':G*\.`C ..� X: :******>;C:l \X*T:****** ** , ** e**** ****}C*** ****** C 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 lmailto:Aconn @carmel.in.gov] Sent: Wednesday, November 30, 2011 11:42 AM To: Jon Dobosiewicz Cc: Charlie Frankenberger Subject: Turkey Hill @ Legacy PUD? Hi Jon — do you anticipate having the Turkey Hill item heard at the December 20 Plan Commission meeting? Please let me know by Dec. 8, so I can modify the meeting agenda accordingly. Thank you! 1 Conn, Angelina V From: Conn, Angelina V Sent: Tuesday, November 01, 2011 1:14 PM To: 'Jon Dobosiewicz' Cc: Charlie Frankenberger Subject: RE: Nov. 15 plan commission meeting agenda Ok, thanks. We will show the turkey hill items as tabled to the Dec. 20 PC meeting.... -Angie Conn, Planning Administrator From: Jon Dobosiewicz [mailto:jondONF- LAW.COMT Sent: Tuesday, November 01, 2011 1:13 PM To: Conn, Angelina V Cc: Charlie Frankenberger Subject: RE: Nov. 15 plan commission meeting agenda Angie, Yes on HealthSouth — I will have the response to DOCS comments and Booklets delivered to your office by Friday at noon. No on Turkey Hill — we have yet to receive a response from John Duffy regarding the environmental review 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) iont 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. * * * **** * * ** ** ***** * * ** * * * ** * * * ** k ********* * ** * **** * ** * * * * ** * **** * ***** * ** ** * * * * * ** * * * * *** * ** * ** * * * ** * * **** * * * * * * * * * * * * * * * * * * * * * * * ** 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 citizens water A member of Citizens Energy Group 1220 Waterway Blvd. I Indianapolis, IN 1 46202 www. citizenswater. corn October 14, 2011 City of Carmel Plan Commission Department of Community Services One Civic Square Carmel, Indiana 46032 ATTN: Mike Hollibaugh RE: Legacy Project (Southwest Corner of 146th and River Road) Opposition to Development Plan for Gas Station / Convenience Store / Car Wash Docket No. 10110012 DP /ADLS (Legacy PUD / Turkey Hill Minit Market) Dear Mr. Hollibaugh: As mentioned during the June 21st Carmel Plan Commission meeting, Citizens Energy Group entered into an agreement with the City of Indianapolis and its Department of Waterworks ( "DOW ") in August of 2010 to acquire substantially all of DOW's water utility assets. As a result of the transaction which closed on August 26th, Citizens Energy Group, doing business as Citizens Water, now owns the water treatment facilities, water lines, reservoirs, real estate and substantially all other water utility assets formerly owned by DOW, including those located in the City of Carmel and in Hamilton County, Indiana. This letter will confirm that Citizens Water adopts and re- affirms the positions previously taken by DOW in opposition to the Turkey Hill Minit Market gas station, convenience store and carwash proposed to be located within the Legacy project (collectively, the "Gas Station "), as described in DOW letters to the Cannel Plan Commission dated January 14, 2011, June 15, 2011, and July 14, 2011 (which are incorporated herein by this reference), along with DOW comments made during the June 21S` Plan Commission hearing. Please note that Citizens Water is not opposing the companion Docket No. 10110013 ZW (waiver of setback) in connection with the proposed Development Plan. Citizens Water believes that approval and subsequent operation of the Gas Station at this location poses an unreasonable risk of groundwater contamination, and that such use is not consistent with the City of Carmel Comprehensive Plan. Citizens Water therefore recommends against approval, and respectfully requests that the Plan Commission deny the Development Plan associated with Docket No. 10110012 DP /ADLS. If you have any questions or would like to discuss this matter, please feel free to contact Jeff Willman, Citizens Energy Group's Director of Customer Relations and Government Affairs, at (317) 927 -4790. Thank you. Citizens Water is 150 9001:2008 and 14001:2004 Certified Sincerely, CITIZENS WA William A. Tracy Senior Vice President and Chief Operations Officer Conn, Angelina V From: Jon Dobosiewicz [fond @NF- LAW.COM] Sent: Thursday, September 29, 2011 9:03 AM To: Conn, Angelina V Cc: Charlie Frankenberger Subject: Turkey Hill Angie, Turkey Hill anticipates a response from John Duffy on the environmental review soon. He indicated that he anticipates setting up an early October meeting to review the study results. We anticipate proceeding with the DP /ADLS on November 4 for packet submittal and the November 15th Plan Commission meeting. Thank you, 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. ***********************************4- . , , -******************' '** 4*** x4*** 4**** *4***x4*4*4*4 *4*4** ***;e•x,•1,c ***********"*>k * ' �l'Y<JFr 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: Sent: To: Cc: Subject: Angie, Jon Dobosiewicz [jond@NF- LAW.COM] Thursday, September 01, 2011 9:02 AM Conn, Angelina V Charlie Frankenberger; Hollibaugh, Mike P RE: Turkey Hill item & Sept. 20 plan commission meeting agenda We continue to work on the tank and storm water details of the proposal. We do not anticipate that process being complete by September 20 and therefore request that the item remain tabled on the Plan Commission agenda. Thank you, 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 CONFIDENTLAL[TY This is E ifi R i 63$.. seg. . an4 its iatQ xckinenss (if any) - a e int=.: idet 4` sie 1 ' ic., t .•'t; use rulthe left- of . ..= . C di't. ci'n„ tti z S`ess ac; an 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 pri ilege. 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. <. . *e` F :G'S'iZ�Ke q. X� TS �.- i . . ,•m .. �.. ,..H-A'. x, •�?� . ee This rn l .acrd arty pikes transmitted with it are confidential and intended solely for the use u' are addressed. If you have received this email in error please notify the system manager. From: Conn, Angelina V jmailto:Aconn@ carmel.in.aovl Sent: Tuesday, August 30, 2011 1:52 PM To: Jon Dobosiewicz Cc: Charlie Frankenberger Subject: Turkey Hill item & Sept. 20 plan commission meeting agenda Hi Jon — Just following up with you -- did you want this item heard at the Sept. 20 plan commission meeting? Or, do you want us to show it as tabled, again, on the agenda? Please let me know by Sept. 8. Thanks, 1 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: aconnPcarmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e -mail 2 Conn, An elina V From: Sent: To: Cc: Subject: Jon Dobosiewicz [jond @NF- LAW.COM] Friday, August 12, 2011 10:44 AM Duffy, John M McBride, Mike T; Hollibaugh, Mike P; Duncan, Gary R; Conn, Angelina V; Charlie Frankenberger Turkey Hill - Legacy John, We need to cancel the meeting scheduled for August 18 to review Turkey Hill. I have copied Engineering and DOCS. Please let the consultant know. We will reschedule at a later date. 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, 1i.. m is t_:.?g r t or i, `liv ry ,01-t his rally person .o,e 1 than .i_c int nd.d r:; peen; 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 m €.ssage from your system. ;;;aFg.., *r. f• %* r =e->• **** r:S *** x**"ri: .:a'.:%:.. *****° ** -r• `r "' *, -.x*,n.*,* y_ x *.*3:*,-5, -,2%*, x! :x:r r•Y.-* r.,..x..;,...3 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, Angelina V From: Conn, Angelina V Sent: Wednesday, July 13, 2011 4:13 PM To: 'D Bryan Weese' Subject: RE: Department of Water of the City of Indianapolis ( "DOW ") - Turkey Hill Remonstrance This Turkey Hill item was tabled the morning the meeting agenda was finalized, on July 8, and so it is shown as tabled on that meeting agenda. The petitioner asked that it be tabled a month. Probably to wait for the results of the City -hired consultant's findings. We will hold your items and not mail them out until noon, August 5; that is when we mail out the August 16 Plan Commission meeting agendas. 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 -Angie Conn, Planning Administrator From: D Bryan Weese [ mailto :BWeeseObinghammchale.coml Sent: Wednesday, July 13, 2011 4:08 PM To: Conn, Angelina V Subject: RE: Department of Water of the City of Indianapolis ( "DOW ") - Turkey Hill Remonstrance Angie: I was not aware this item had been tabled / continued. What this done at the request of the Petitioner? When was it tabled / continued? Unless the packet would ordinarily be provided now for a tabled / continued item, we ask that you wait until this it.ern is on the Plan Commission meeting agenda before our remonstrance packet is delivered. Tanks_ D. Bryan Weese, Esq. BINGHAM MCHALE LLP 2700 Market Tower 10 W. Market Street Indianapolis, IN 46204 -4900 PH: (317) 635 -8900 (ext. 421) FAX: (317) 236 -9907 DIRECT: (317) 968 -5421 From: Conn, Angelina V jmailto:Aconnftcarmel.in.govj Sent: Wednesday, July 13, 2011 4:03 PM 1 To: D Bryan Weese Subject: RE: Department of Water of the City of Indianapolis ( "DOW ") - Turkey Hill Remonstrance Yes, got them, and we can mail these out tomorrow with the Dept. Reports, however, as you can see by the meeting agenda, the Turkey Hill item has been tabled to August 16. Did you want us to wait a few weeks to mail these out? -Angie Conn, Planning Administrator From: D Bryan Weese Finailto :BWeese@binghammchale.comi Sent: Wednesday, July 13, 2011 3:59 PM To: Conn, Angelina V Subject: Department of Water of the City of Indianapolis ( "DOW ") - Turkey Hill Remonstrance Angie: I wanted to confirm that you received the DOW remonstrance packet, and that it was (or will be) included in the Plan Commission packets for the July 19th meeting. Thanks. D. Bryan Weese, Esq. BINGHAM MCHALE LLP 2700 Market Tower 10 W. Market Street Indianapolis, IN 46204 -4900 PH: (317) 635 -8900 (ext. 421) FAX: (317) 236 -9907 DIRECT: (317) 968 -5421 CONFIDENTIALITY NOTICE: This e -mail contains information that is privileged, confidential and subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. You are prohibited from copying, distributing or otherwise using this information if you are not the intended recipient. If you have received this e -mail in error, please notify us immediately by return e -mail and delete this email and all attachments from your system. Thank you, DISCLOSURE REQUIRED BY CIRCULAR 230. T ;. `? incur, r y<sy .°?_ +'P 7.*5- by F r. 6 r Fes. "s t, be .rti,., $-€-;€"a n+:_i Tre.a rf and the Cnt�rr. If this e -mail, including any attachments, contains any federal tax advice, such advice is not intended or written by the practitioner to be used, and it may not be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. Furthermore, any federal tax advice herein (including any attachment hereto) may not be used or referred to in promoting, marketing or recommending a transaction or arrangement to another party. Further information concerning this disclosure, and the reasons for such disclosure, may be obtained upon request from the author of this e -mail. Thank you. 2 Conn, Angelina V From: Jon Dobosiewicz [fond @NF- LAW.COM] Sent: Friday, July 08, 2011 9:13 AM To: Conn, Angelina V Cc: Charlie Frankenberger Subject: July 19 PC and Turkey Hill Angie, I would like to have the Turkey Hill matter identified as Tabled on the July 19 Plan Commission agenda going out today. This is in response to the committee recommendation of "no vote /neutral position" in that they were uncomfortable in sending a favorable recommendation in advance of the Utility and Engineering Depts. Approval of underground storage tank and storm water plans. 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) ion @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. , ***,y:****Y:4 *= # *a*,.k** 4S: #next #'4 *. ** . n twjt:v t. ,r..:g =iss*.k;^z .x.s $.iY .s +t:k.1 - • fit: * =S 3 * *44— ** * ** **** *.*** *4-* :;csi4 44 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 NELSON & FRANKENBERGER JAMES .I. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE JAMES A. NICKLOY Angie Conn City of Carmel One Civic Square Carmel, IN 46032 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317- 844 -0106 FACSIMILE: 317- 846 -8782 July 6, 2011 Re: Turkey Hill Minit Market — 7729 East 146th Street Docket Number: 10110012 DP /ADLS Dear Angie: JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional Attached you will find a CD containing a digital copy of the information booklet for the above referenced matter reviewed by the Special Studies 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. Jon C. Dobosiewicz Land Use Professional TH Legacy - Llr lo A Conn 070611 Conn, An•elina V From: Sent: To: Cc: Subject: Angie, Jon Dobosiewicz [jond @NF- LAW.COM] Thursday, June 30, 2011 3:26 PM Conn, Angelina V; Boone, Rachel M. Charlie Frankenberger Turkey Hill - Legacy Thank you for the Department Report. It is very detailed. A couple of thing on the Engineering comments. There is no longer a request for a right in off of River Road still notes in item #1. At this point there have been many discussions and requests including a number of the listed engineering items and it is my understanding that final comments will be issued once the environmental study is complete. It should be made clear to the committee that we are working in concert with Engineering and as you suggest we will meet all the requirements prior to Engineering and Utility approval. Can we set a time to meet to review our responses to the outstanding staff comments related to design for Tuesday morning? I think we have them addressed but want to make sure you and Rachel are supportive. Also, the umbrellas will be one color and no signage will be allowed. 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 .CONFIDENTIALETY 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*** <*K•* ** ** ****:{. % * ****'' ** ** * *; *** * ** ***SC*****k ** * **,k** * ** * % ** * * * ** * *, *'X, {:K:'(. *'* * **** **** **'**,* * * **+;C* ** **X **** . *** ** * <•, ******* *H:****** 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, Angelina V From: Sent: To: Subject: Attachments: Conn, Angelina V Wednesday, June 29, 2011 3:54 PM 'rl72jf @ sbcglobal. net' FW: turkey hill at river rd - street access approval process 146th Street requirements.doc Hi Judy — here is the info you asked about at the last plan commission meeting — about the Hamilton County Commissioners approval process for curb cuts along 146th Street. Let me know if you need anything else! -Angie Conn, Planning Administrator From: David E. Lucas jmailto: David .Lucas hamiltoncounty.in.govl Sent: Tuesday, June 28, 2011 2:07 PM To: Conn, Angelina V Subject: RE: turkey hill at river rd - street access approval process Afternoon Angie! I have attached the resolution passed by the Commissioners which also contains the requirements for the Traffic Study. If they meet the requirements as described in the resolution, they will go to the Commissioners to ask for approval of the access. (As for Turkey Hill I have not yet received a traffic study or anything beyond the initial set of plans.) If you have any questions, feel free to contact me at any time. Thanks, Dave From: Conn, Angelina V jmailto:Aconn @carmel.in.ciovl Sent: Tuesday, June 28, 2011 1:04 PM To: David E. Lucas Subject: turkey hill at river rd - street access approval process Hi David — A plan commission member asked about the Hamilton County Highway Dept and Board of Commissioners process to approve access along 146th Street, specifically for this project. Can you please provide me with a brief synopsis that I can pass along? Thanks! Angie Conn, Planning Administrator 1 1146th Street Access • equirements Adopted June 9th 2008 - "There will be no new direct access and/or change of access usage allowed onto 146th Street without the express approval of the County Commissioners. Any access changes to existing access locations and/or new access locations would only be considered if a traffic impact study, meeting County requirements, shows the requested change would improve the Level of Service of 146th Street." Traffic Study Requirements In addition to the following, the TIA must conform to the Indiana Department of Transportation's "Applicant's Guide to Traffic Impact Studies ": - Introduction and Executive Summary Seal and signature of a licensed Professional Engineer Study area (to be decided) - Study years (development opening, 5 years & 10 years) - Development phasing - Current data on traffic volumes, accident history and signal operations - Peak traffic hours - Trip generation, trip distribution and assignment methods (I'lE handbook) - Applicable planning documents - Projected growth Current Level of Service of surrounding intersections (to be decided) Planned roadway improvements - Surrounding zoning, PUD's, etc. A site plan with the following: - Iuterse.ction design (lane width, acceleration/deceleration lanes, median improvements, etc.) internal ,circtilation p an s - Connections to planned /prolx .d adjacent cites irec `d (0-2.)-261) CARMEL PLAN COMMISSION HEARING NOTES JUNE 21, 2011 HEARING Bryan Weese, law firm of Bingham McHale Appearing on behalf of the Department of Waterworks of the City of Indianapolis ( "DOW ") DOW requests denial of Docket No. 10110012 DP /ADLS (Legacy / Turkey Hill Minit Market), and opposes a fueling station at this location. This proposed use presents significant public safety, health and welfare concerns, as referenced in DOW's June 15th remonstrance letter and its January 15th correspondence. DOW wellheads drawing from the White River aquifer serve more than 100,000 people, more than 40,000 households, and more than 5,000 businesses. Several other public and private water providers (including the City of Carmel) serve thousands of additional people and businesses from the aquifer. DOW believes that there is no design standard that can guarantee the White River aquifer will not be subject to possible contamination either from a fuel spill at this location, or from a fuel spill associated with operations at this location. The Carmel Plan Commission has the authority under the Development Plan process to deny this use on the Corner Use Block of Legacy. Chapter 24 of the Carmel Zoning Ordinance provides that development plan approval by the Plan Commission shall be necessary prior to the establishment of any Use or wilding. Section 24.01 provides that Development Plan applications shall generally be considered favorably by the commission (mea g that there are situations where such applications can be de led). The development requirements listed in Section 24.02 of the ordinance are vital components of the review and approval process, and DOW believes this is a situation where the Commission can apply those approval concepts and deny the application. a Department of Waterworks, City of Indianapolis ( "DOW ") Carmel Plan Commission Hearing Notes June 21, 2011 Page 2 of 4 This proposed use is not consistent with policies for the District, as set forth in the Comprehensive Plan, and is not compatible with existing land use. The East Carmel Characteristics, Preface section, of the Carmel Comprehensive Plan, provides: The White River aquifer in East Carmel has provided the community with an abundance of high quality water resources which has been effectively tapped by Carmel's water utility to serve the public need. Much of East Carmel falls within the aquifer and wellhead protection areas, designed to ensure the safety and quality of this public resource. Public and private decisio making must give due consideration to this important resource. It appears from the Legacy PUD record that virtually no consideration was given to protection of the White River aquifer during review of this Project. While there were numerous discussions relating to project density, the mix of residential components, open space issues, bicycle and pedestrian paths, and general site development, we can find only one reference to the aquifer. During the August et, 2006 Special Studies Committee meeting, one of the members said the following: ". . . the possibility of a gas station is not favorable unless there is "absolutely, guaranteed, no spillage ". This is our water table and if there is a leak, it is a mapor, major problem." The discussion then turned to whether the school system was up to speed on this proposal, without further discussion of aquifer protection. The original PUD had separate and distinct use pockets (or a very fixed plan), and was then changed to a much more flexible plan. The PUD was later revised to adopt a less flexible plan, but incorporated the concept of use blocks. A revised PUD was filed on September 22nd, 2006, which included a Table of Uses modeled on Carmel's use table and zoning ordinance. Department of Waterworks, City of Indianapolis ( "DOW ") Carmel Plan Commission Hearing Notes June 21, 2011 Page 3 of 4 The Table of Uses for the Corner Use Block was pulled from the Carmel use table without review of each particular use or the suitability of any particular use for this location. No specific uses for the Corner retail area were ever vetted by any public body: and no particular use at this location was reviewed to determine compliance with the Ordinance or the Comprehensive Plan. The Table of Uses established a series of permitted or possible uses for this site that have not been the subject of specific review. There are no references during consideration of the Table of Uses to protection of the aquifer, and no further appearance of any discussion of a gas station in the Legacy project. The Development Plan review process provides the opportunity to review the proposed use in the context of applicable review criteria. That intention was expressed by petitioner's counsel in comments to the Special Studies Committee during the October 24th, 2006 meeting: "... the way the PUD Ordinance is written, everything except the detached, single family must return to the Plan Commission for ADLS and Development Plan approval. The Commission will be allowed a "second look "." The Commission's "second look" can and should be more than reviewing landscaping plans and proposed building facades. The impact of the actual proposed use (and its compatibility with the surrounding land uses) is a required and appropriate part of the Development Plan approval process. Otherwise, this would have simply been handled administratively through TAC review (like the detached single family product). Even if the design of this station could be said to "absolutely guarantee no spillage" (an impossibility), the station's mere presence in the middle of the aquifer creates risks of off -site contamination that do not presently exist. Department of Waterworks, City of Indianapolis ("DOW") Carmel Plan Commission Hearing Notes June 21, 2011 Page 4 of 4 Approval will create tanker traffic along 146th Street (right through the aquifer) that does not exist now, and that will likely not otherwise exist in the future. While the risk of on -site and off -site contamination can and should be reduced to the greatest extent possible, there is no way to guarantee it will not occur. The harm resulting from a spill and subsequent contamination would be an environmental catastrophe that would negatively impact the City of Carmel and its neighbors for months or years following a release. The risk of groundwater contamination resulting from operation of a gas station at this location far outweighs any public or private benefit that might be derived from the presence of the gas station. DOW therefore recommends against approval, and respectfully requests that the Plan Commission deny the proposed Development Plan, based upon the criteria expressly provided for in the Ordinance and in the Comprehensive Plan. Thank you. 1594028.2 energy group'" Citizens Gas 1 Citizens Thermal 1 Citizens Resources 202011. ,Meridian St. 1 Indianapolis, 111 1 45202 -1393 ,r:nv.citizensenerg group.com Statement of Citizens Energy Group before the Carmel Plan Commission Docket No. 10110012 DP /ADLS: Legacy PUD - Turkey Hill Minit Market Members of the Plan Commission: (0-2)-1. 1 Thank you for the opportunity to offer the following comments on the proposed Turkey Hill Minit Market, proposed to be located at 146th Street and River Road. My name is Ann McIver and I serve as the Director of Environmental Stewardship for Citizens Energy Group. As you are all aware, Citizens Energy Group has entered into ari Asset Purchase Agreement with the City of Indianapolis for the drinking water and wastewater utilities. As a result, Citizens considers itself a stakeholder in these proceedings. The Department of Waterworks has previously provided comments opposing the proposed gas station given the potential risk of ground water and other environmental contamination, particularly given the high ground water elevation and porous soils. Ground water contamination could materially and adversely impact the drinking water supply, treatment, and distribution capabilities. The aquifer serves as a source of drinking water for thousands of people in Hamilton County, including residents in Carmel and Westfield. Other utilities have drinking water wells in this aquifer, including Indianapolis Water. Based on the potential risks, Citizens Energy Group joins the Department of Waterworks in opposition to the proposed gas station and convenience store within the one year time of travel for Indianapolis' delineated wellhead protection area. There are other viable economic development uses for this site that would be protective of the aquifer and provide for commercial and economic value to the community. Conn, An «elina V From: Sent: To: Cc: Subject: Angie, Jon Dobosiewicz [fond @NF - LAW.COM] Thursday, June 16, 2011 10:36 AM Conn, Angelina V Charlie Frankenberger Carmel Plan Commission Docket No. 10110012 DP /ALDS (Turkey Hill Minit Market) Per our conversation earlier today it is my understanding that the Department Report for this item will not include reference to the request for continuance by the Indianapolis Department of Waterworks. As we discussed the applicant would request that the Plan Commission hold the Public Hearing and forward this item to Committee for further evaluation. Thank you, 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. 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 NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE JAMES A. NICKLOY Angie Conn City of Carmel One Civic Square Carmel, IN 46032 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317- 844 -0106 FACSIMILE: 317- 846 -8782 June 10, 2011 Re: Turkey Hill Minit Market — 7729 East 146th Street Docket Number: 10110012 DP /ADLS Dear Angie: 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 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. Jon C. Dobosiewicz Land Use Professional Enclosures TH Legacy - Ltr to A Conn 0610 I 1 Conn, Angelina V From: Sent: To: Subject: Attachments: FYI Mindham, Daren Thursday, June 09, 2011 9:16 AM Conn, Angelina V FW: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy Turkey Hill - approved landscape plan.pdf 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: Eric Carter jmailto:cartere(weihe.net1 Sent: Thursday, June 09, 2011 8:54 AM To: Mindham, Daren Subject: RE: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill © Legacy Daren, The only change is the right -in off of River Road has been eliminated (for now..) Angie sent out a staff report saying the 2 signs didn't have landscaping. It is shown on this plan you stamped. Can you share it with her so she knows we have it shown please. Once I know for sure if the right -in will be allowed or not, I'll send you an updated plan. For now, landscaping wise, nothing changed. Thank you, Eric Eric A. Carter, R.L.A., ASLA Project Manager, Commercial Development Weihe Engineers, Inc. 317 .I 846 - 6611 317 1 432 - 7639 cell weihe.net From: Mindham, Daren jmailto:dmindhamOcarmel.in.aovl Sent: Monday, May 09, 2011 11:43 AM To: Eric Carter Cc: jondONF- LAW.COM; Charlie Frankenberger; steve .fullerCciminitmarkets.com; Conn, Angelina V; Jamie Shinneman Subject: RE: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy Eric, 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. 1 Conn, Angelina V From: Sent: To: Cc: Subject: Conn, Angelina V Wednesday, June 08, 2011 9:43 AM 'Greg J. Ewing' D Bryan Weese RE: 10110012 DP /ADLS: Legacy PUD- Turkey Hill Minit Market (tabling request) Good morning, Greg - We will mail a paper copy of this tabling request this Friday, out with the meeting agenda. We can only present this request to the Plan Commission for their consideration, and I cannot guarantee that the Plan Commission will table this item. If the public hearing is still held on June 21, Matt Klein can submit written remonstrance by Noon, June 16, that we can mail out with the Staff Reports, or there will be additional opportunity for comment at the July 5 sub - committee meeting. ... And, who knows? The petitioner just might table this petition again! 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: aconn(alcarmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e-mail From: Greg J. Ewing fmailto :GEwina@binohammchale.coml Sent: Wednesday, June 08, 2011 9:33 AM To: Conn, Angelina V Cc: D Bryan Weese Subject: 10110012 DP /ADLS: Legacy PUD- Turkey Hill Minit Market Angie, As you may know, we represent the City of Indianapolis- Department of Water, which has concerns regarding the proposed Turkey Hill Minit Market near 146th and River Road. As you may appreciate, a major public safety issue may be in question concerning this petition. I understand this petition has been tabled on a few previous occasions due to the requests of either the petitioner and /or Carmel officials. Additionally, I understand this petition is currently scheduled for hearing on June 21 before the Plan Commission. Although he was available for previously scheduled hearings on this matter, due to a scheduling conflict Matt Klein, Executive Director of the Indianapolis Department of Waterworks, is unable to attend the June 21 hearing. This scheduling issue causes us to request by this message that this petition be continued jLe_ tabled) to the July 19 Plan Commission hearing. Please let me know if you and your office need additional information in order to secure that this petition is tabled to July 19. Thanks. Greg Bingham 0 MCHaleLP A T I T O A H L T S A 7 A ■ Perceptive. r. Resspolisive RffectivC. Gregory J. Ewing, AICP Land Planner 317.968.5477 Direct 2700 Market Tower 10 West Market Street Indianapolis, IN 46204 317.635.8900 Phone 1 From: Greg J. Ewing [GEwing @binghammchale.com] Sent: Wednesday, June 08, 2011 9:33 AM To: Conn, Angelina V Cc: D Bryan Weese Subject: • 10110012 DP /ADLS: Legacy PUD- Turkey Hill Minit Market (Remonstrator's request to table) Angie, As you may know, we represent the City of Indianapolis- Department of Water, which has concerns regarding the proposed Turkey Hill Minit Market near 146th and River Road. As you may appreciate, a major public safety issue may be in question concerning this petition. I understand this petition has been tabled on a few previous occasions due to the requests of either the petitioner and /or Carmel officials. Additionally, I understand this petition is currently scheduled for hearing on June 21 before the Plan Commission. Although he was available for previously scheduled hearings on this matter, due to a scheduling conflict Matt Klein, Executive Director of the Indianapolis Department of Waterworks, is unable to attend the June 21 hearing. This scheduling issue causes us to request by this message that this petition be continued (i.e. tabled) to the July 19 Plan Commission hearing. Please let me know if you and your office need additional information in order to secure that this petition is tabled to July 19. Thanks. Greg Bingham 0 McHalel.P A T A D A N C T S A l L A M F'erreptive. Responsive Effective. Gregory J. Ewing, AICP Land Planner 317.968.5477 Direct qewing@binclhammchale.com 2700 Market Tower 10 West Market Street Indianapolis, IN 46204 317.635.8900 Phone 317.236.9907 Fax www.birighammchale.com CONFIDENTIALITY NOTICE: This e -mail contains information that is privileged, confidential and subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. You are prohibited from copying, distributing or otherwise using this information if you are not the intended recipient. If you have received this e-mail in error. please notify us immediately by return e-mail and delete this email and all attachments from your system. Thank you. DISCLOSURE REQUIRED BY CIRCULAR 230, This Disclosure may be required by Circular 230 issued by the Department of Treasury and the Internal Revenue Service. If this e-mail, including any attachments, contains any federal tax advice, such advice is not intended or written by the practitioner to be used, and it may not be used by any taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer. Furthermore. any federal tax advice herein (including any attachment hereto) may not be used or referred to in promoting, marketing or recommending a transaction or arrangement to another party. Further information concerning this disclosure, and the reasons for such disclosure, may be obtained upon request from the author of this e-mail. Thank you. 1 Conn, Angelina V From: Jon Dobosiewicz [jond @NF - LAW.COM] Sent: Friday, June 03, 2011 8:12 AM To: Conn, Angelina V Cc: Molitor, John R.; Hollibaugh, Mike P; Duffy, John M Subject: RE: Docket No. 10110012 DP /ADLS: Legacy PUD - Turkey Hill Minit Market. Angie, Turkey Hill will submit new information booklets on June 10 and present their DP /ADLS application to the Plan Commission o June 21. In addition on the topic of the Environmental Study requested by Carmel Utilities (John Duffy) I have been informed the a check in the amount of $36,000 will be delivered to our office mid next week for delivery to the city to proceed with the study. 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) ion @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 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 fmailto:Aconn(carmel.in.govj Sent: Thursday, May 19, 2011 1:49 PM To: Jon Dobosiewicz Cc: Molitor, John R.; Hollibaugh, Mike P Subject: Docket No. 10110012 DP /ADLS: Legacy PUD - Turkey Hill Minit Market. Good afternoon, Jon — Mike H wanted me to ask you about this item and how many more times you think you are going to table it? The concern is that public notice was made in December 2010, and this item continues to get tabled. There is a clause in the plan commission rules of procedure that an item can be dismissed by the plan commission for lack of prosecution, and this option might be discussed at the next plan commission meeting. Can you give us an update on the project status and the timeline intent? Thanks so much, Angie Conn, Planning Administrator t Conn, Angelina V From: Boone, Rachel M. Sent: Tuesday, May 10, 2011 12:00 PM To: Conn, Angelina V Subject: RE: May 17 plan commission meeting items Angie, I think I am ok with everything, but did have clarification questions on Turkey Hill —since it's been so long since we last worked on that one. 1. Did they provide landscape plans for around the ground signs? The last plan I had only showed grass around the signs. 2. Did they update the rendering for the wall sign on the north elevation? The sign should fit nicely in the brick "border ". The sign that is shown extends into the border. So either the sign needs to be smaller or the brick border area needs to be bigger. I would like to see a new rendering confirming the change. 3. Did we ever get the Red Box, ATM and propane items dealt with? Or to go away from the outside of the building? I know Jon said the ATM sign would be in the window. Just a reminder that it must be 3 sq. ft. or less and will then take away any ability to have additional illuminated window signs for that elevation. 4. When will they be applying for variances for electronic moving gas signs? Or did we decide this can be done with a waiver? 5. The sign company's renderings say that the ground signs will be externally illuminated. Jon's letter said internally illuminated. Please have the sign company update their drawings to what is accurate. I think that's all. Thanks, Rachel 'Ra.che/ 13oave/ Sign Permit Specialist City of Carmel Department of Community Services 317 - 571 -2417 From: Conn, Angelina V Sent: Monday, May 09, 2011 10:20 AM To: Duncan, Gary R; ' Greg .Noyes @hamiltoncounty.in.gov'; °David Lucas'; Littlejohn, David W; Mindham, Daren; Boone, Rachel M. Cc: Redden, Nick Subject: May 17 plan commission meeting items Everyone — please let me know if you have any major outstanding concerns with any of these items below, and I will add it to the department reports which go out on Thursday at Noon. Thanks! Public hearing items: 1. Docket No. 11030008 PP: First and Sixth NW Primary Plat. The applicant seeks primary plat approval for 2 lots on 0.98 acres. Also, a waiver is requested from the Subdivision Control Ordinance: Docket No. 11030009 SW SCO Chptr 6.05.01: lot width at road right of way. 1 Conn, Angelina V From: Sent: To: Cc: Subject: Angie, Jon Dobosiewicz [jond @NF - LAW.COM] Monday, May 09, 2011 2:50 PM Conn, Angelina V Jim Shinaver; Charlie Frankenberger Turkey Hill - May Plan Commission Turkey Hill would like to table the request in front of the Plan Commission scheduled for hearing on May 17tH As we discussed they will submit updated information booklets in advance of with the agenda). I apologize for not buttoning this down on Friday as expected and appreciate loop on the environmental when they proceed. the June 21 meeting date (to be mailed out your understanding. I will keep staff in the Please let me know if there is anything else you need to address the matter as tabled. Thanks, Jon Jon C. Dobosiewicz Land Use Professional Nelson & Frankenberger, PC 3105 East 98th Street, Suite 170 Indianapolis, IN 46280 317- 844 -0106 (Office) 31.7- 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. ** * *>. * * * * * * *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, Angelina V From: Sent: To: Cc: Subject: Attachments: Eric, Mindham, Daren Monday, May 09, 2011 11:43 AM 'Eric Carter' jond @NF - LAW.COM; Charlie Frankenberger; steve.fuller @minitmarkets.com; Conn, Angelina V; Jamie Shinneman RE: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy Turkey Hill - 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: Eric Carter fmailto:cartere@weihe.netl Sent: Monday, January 10, 2011 1:20 PM To: Mindham, Daren Cc: jondC1NF- LAW.COM; Charlie Frankenberger; steve.fulleri minitmarkets.com; Conn, Angelina V; Jamie Shinneman Subject: RE: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy Daren, Here are our responses to the following comments for Turkey Hill Legacy and offsite Water Quality basin. Thank you, Eric Eric A. Carter, R.L.A., ASLA Project Manager, Commercial Development Weihe Engineers. Inc. 317846 -6611 weihe.net. Original Message From: Mindham, Daren fmailto :dmindham(a1carmel.in.gov] Sent: Tuesday, November 23, 2010 2:01 PM To: iond @NF - LAW.COM; Charlie Frankenberger; Eric Carter; steve.fullerCc�minitmarkets.com Subject: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy Eric, 1 Conn, Angelina V From: Sent: To: Subject: Follow Up Flag: Due By: Flag Status: Angie, Jon Dobosiewicz [jond@NF- LAW.COM] Friday, May 06, 2011 11:44 AM Conn, Angelina V RE: Jon - do you want to table the turkey hill at legacy item again? Follow up Friday, May 06, 2011 1:00 PM Flagged Do you see any problem with Turkey Hill tabling to June 21? Is there any potential that the PC would dismiss the item? They plan on moving forward but I think we do not have adequate time to begin the environmental study and as we discussed it would be a good idea to submit a new set of information booklets in that it has been 4 months since we distributed that last set. I have not be4'L13 to reach my client to discuss this sior now my official response is for you to please set the item for eanngon may 17tH I am not sure how long in the day you can wait to sent out the agenda. 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) jonPnf- 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 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 *.»* X'.h':;:: k'Y.?:' GY Y,C>;:YCYXY: *Y:*YCYY,CY*\TX *.X*>:✓::E:: : =Y„ * :* . . * ***i''. *T,:N1:YCk S;::k *i'.j: \ti>: * X ;:;t:y:Y:ti* :Y<*J:?:YC'n*Y:Y;.:k:K*:CX * ** ** *****l,:*Y,:** **** * *** 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 0 Ci C) XENON C FOSC1 CE.^., INC:. .9G ©'LJpl7�;C��da4p a9® ©BEM. February 11, 2011 Mr. John Duffy Director of Utilities City of Carmel 760 Third Avenue SW Carmel, IN 46032 (eel \1 2 -2� Re: Proposal for review of design drawings for underground storage tank installation and storm water management system Proposed TurkeyHill Minit Markets Gas Station Store # 604, Carmel, Indiana Dear John, Xenon Geosciences, Inc. is pleased to provide this proposal for the review of design drawings for a proposed TurkeyHill development at The Legacy Corner in Carmel. Our understanding of the requirements of the project is based on our phone conversation with you and a meeting in your offices on January 25, 2011. From this correspondence, we understand that TurkeyHill desires to build a convenience store with a gas station and car wash. The development area is not within the current 1 -year time of travel boundary for Carmel's wellfields, it is very near a potential site of a future wellhead. Additionally, the site is within the 1 -year travel time boundary of an existing wellhead operated by a neighboring municipality. However, the Carmel Wellhead Protection Ordinance does not prohibit the installation of new underground storage tanks within the 1 -year travel time boundary, so there is not a mechanism in place to deny the application to develop the property. Consequently, the City of Carmel is interested in a technical review and professional comments and suggestions regarding the design and development plans1a.3,4.s.that have been submitted by TurkeyHill and others. 1 Diamond Z, 2010, Turkey Hill Store #604 Fuel System Installation: design drawings prepared for TurkeyHill Minit Market, Lancaster, Pennsylvania; by Diamond Z Engineering, Inc., Cleveland, Ohio. 2 Weihe Engineers, 2010, Site Construction Pions for TurkeyHill Minit Markets Gas Station Store #604 at the Legacy Corner (Phase I), 7729 East 146`h Street, Carmel, IN 46033: design drawings prepared for TurkeyHill Minit Market, Lancaster, Pennsylvania; by Weihe Engineers, Indianapolis, Indiana. 3 Williams Creek, 2009, Southeast Residential Stormwater Basin, Legacy — Stormwater Master Infrastructure, East 146th Street and River Road, Carmel, Indiana: design drawings prepared for East Carmel, LLC, Indianapolis, Indiana; by Williams Creek Consulting, Indianapolis, Indiana. 4 Stoppelwerth, 2010, The Legacy Corner Drainage Report: technical design report prepared for Platinum Properties, LLC., Indianapolis, Indiana; by Stoppelwerth & Associates, Fishers, Indiana. Xenon Geosciences, Inc. 95 N Tennessee Street, Suite 10 Danville, IN 46122 -0681 Phone 317.745.0002 Facsimile: 317.215.0678 XenonGeosci.com Proposal for review of design drawings for underground storage tank installation and storm water management system Proposed TurkeyHill Minit Markets Gas Station Store # 604, Carmel, Indiana Xenon Geosciences Proposal P41,03 APPROACH Page 2 of 6 Xenon recognizes that the City, acting as a steward of its resources, is seeking a means of maximizing the protection against the degradation of its surface water and ground water resources. We believe various considerations should be employed at this point, such as: • Susceptibility of ground water resources. It is our understanding that hydrogeologic testing has indicated that the property overlies a prolific sand and gravel aquifer. The aquifer is a potable water resource for nearby residences and municipalities. • Susceptibility of surface water resources. The planned development is within the floodplain of the White River and storm water runoff is planned to route directly to the river. Operational spills and releases could rapidly result in an environmental incident on the White River. • Implementation of the procedural and engineering safeguards over the operational life of the facility. Safeguards can be engineered in the form of design, construction, and operational requirements. However, engineered systems require maintenance and repair, and all of these safeguards are susceptible to accidents, incidents, acts of nature and human error. • Setting the standard for future development. Once the planned fueling station is in place, it is a natural progression for other developers to express a desire to open competing facilities nearby. By establishing a level of protective effort at this early stage, Carmel can help assure increased protection for future developments as well. SCOPE OF WORK To address the concerns that have been outlined above, Xenon Geosciences recommends the following scope of work. Note that this work is based entirely on the availability of documents from various private and public parties, and does not include the performance of any new sampling or testing of the conditions at the proposed development site. 1. Review Wellhead Protection Ordinance As a matter of diligence, Xenon will review wellhead protection ordinance documents to be provided by the City of Carmel. 2. Review Hydrogeological Documents Xenon will review available hydrogeological documents to develop a conceptual understanding of the ground water conditions for the development site and surrounding areas. The purpose of 5 Williams Creek, 2010, Post Construction Operation and Maintenance Manual, Legacy Corner, City of Carmel, Indiana; prepared for East Carmel, LLC, Indianapolis, Indiana; by Williams Creek Consulting, Indianapolis, Indiana. Xenon Geosciences, Inc. 95 N Tennessee Street, Suite 10 Danville, IN 46122 -0681 Phone 317.745.0002 Facsimile: 317.215.0678 XenonGeosci.com Proposal for review of design drawings for underground storage tank installation and storm water management system Proposed TurkeyHill Minit Markets Gas Station Store # 604, Carmel, Indiana Xenon Geosciences Proposal P -11.03 Page 3 of 6 this review is to evaluate the level of susceptibility of the aquifer beneath the site, including the presence, extent and hydraulic characteristics of a confining layer(s) within the aquifer. The confining layer will be evaluated for its ability to provide protections to the ground water aquifer that is utilized as a potable water resource, for both local users and adjoining well head protection areas. We will review available aquifer testing data and subsurface geologic records that we anticipate to be available from Jones Henry Engineers, and publicly available water well logs to evaluate the number of potable water wells in the vicinity of Legacy Corner. 3. Review Design Drawings for Fuel System Installation Xenon will review the fueling system design drawing' prepared by others for items including: • compliance with applicable Indiana regulations6; • compliance with industry standard safeguards for sensitive areas; • evaluation of the detection capabilities of low -level and catastrophic releases; • identification of added protections that can be provided via engineered systems; • identification of possible failure modes. Note that we will utilize the services of a professional sub - consultant Mr. Brian Mott, who has experience with design and construction oversight of underground tank systems. 4. Review Design Drawings for Storm Water Management Systems Xenon will review the design of the storm water management system documents23,a,s prepared by others for items including: • review of the hydraulic calculations used to design the proposed storm water management system; • evaluation of the degree of protection related to the capture, routing, and retention of storm water runoff; • evaluation of the environmental impact of storm events in excess of 1 -inch of precipitation; • evaluation of suitability and limitations of proposed BMPs; • evaluation of the capacity of the designed systems to facilitate routine releases and catastrophic spills; • review of the hydraulic calculations used to design the proposed storm water management system; 6 327 IAC 9 -2 -1 Xenon Geosciences, Inc. 95 N Tennessee Street, Suite 10 Danville, IN 46122 -0681 Phone 317.745.0002 Facsimile: 317.215.0678 XenonGeosci.com Proposal for review of design drawings for underground storage tank installation and storm water management system Proposed TurkeyHill Minit Markets Gas Station Store # 604, Carmel, Indiana Xenon Geosciences Proposal P -11.03 Page 4 of 6 • evaluation of the recommended post construction maintenance and operations procedures; • identification of possible failure modes. Note that we will utilize the services of a professional sub - consultant, Mr. Brent Huntsman, for specialized evaluation of contaminant chemistry and its impacts of the bioretention system. 5. Review of Storm Water Pollution Prevention Plan Xenon will review the storm water pollution prevention plan (SWPPP) prepared by a third party. This review will include the evaluation of the degree of protection related to the capture, routing, and retention of storm water runoff during construction, and an evaluation compliance of the SWPPP with applicable Indiana regulations'. 6. Report of Professional Findings and Recommendations Xenon will prepare a report to document the findings of our review and our recommendations for protection of the ground water and surface water resources. This report will include: professional opinion as to the most appropriate protective measures that can be effectively implemented at the designed facility; evaluation of the impact of impending federal requirements for operators of underground storage tank systems; • identification of areas of design susceptibility; • identification of areas of operational and maintenance susceptibility; • recommendations of appropriate additional safeguards; • assessment of impact of low -level through catastrophic releases to ground water and surface water; • recommendations for further work, if appropriate. This report will be prepared as an electronic document in .pdf format to facilitate ease of review and distribution. Of course, hard copies will be made available upon request. 7. Attendance at Meetings Xenon will attend meetings as needed with the City of Carmel and other interested parties, which may include the developer and their consultants, the Wellhead Protection Committee, adjacent municipalities and well field operators, and others. 7 327 IAC 15 -5 Xenon Geosciences, Inc. 95 N Tennessee Street, Suite 10 Danville, IN 46122 -0681 Phone 317.745.0002 Facsimile: 317.215.0678 XenonGeosci.com 0 CJ 0 Proposal for review of design drawings for underground storage tank installation and storm water management system Proposed TurkeyHill Minit Markets Gas Station Store # 604, Carmel, Indiana Xenon Geosciences Proposal P -11.03 ESTIMATE OF FEES Page 5 of 6 We anticipate our fees for the proposed scope of work to be on the order of $36,000, as identified in the attached task detail of estimated fees. Please note that this figure represents our best professional estimate based on the knowledge we have of the availability and state of documents and information to be provided by others, and our professional experience in performing similar work. While we expect this estimate to be conservative, actual fees will be billed on a time and materials basis. So that you may best manage your resources, we will notify you at any time when we believe that changes in scope or conditions will result in fees beyond this estimate, so that you can direct our work accordingly. Thank you for the opportunity to submit this proposal. Should you have any question, or if you require additional information, please feel free to contact us at any time. Sincerely, Xenon Geosciences, Inc. Mark J. Howell, L.P.G. President Xenon Geosciences, Inc. 95 N Tennessee Street, Suite 10 Danville, IN 46122 -0681 Phone 317.745.0002 Facsimile: 317.215.0678 XenonGeosci.com Proposal for review of design drawings for underground storage tank installation and storm water management system Proposed TurkeyHill Minit Markets Gas Station Store # 604, Carmel, Indiana Xenon Geosciences Proposal P -11.03 TASK DETAIL OF ESTIMATED FEES Task 1: Review Wellhead Protection Ordinance Task 2: Review Hydrogeological Documents Task 3: Review Design Drawings for Fuel System Installation Task 4: Review Design Drawings for Storm Water Management Systems Task 5: Review of Storm Water Pollution Prevention Plan Task 6: Report of Professional Findings and Recommendations Task 7: Attendance at Meetings Page 6 of 6 Subcontractor Labor Costs Direct Costs Task Total $264.00 $0.00 $0.00 $264.00 $5,832.00 $0.00 $175.00 $6,007.00 $4,808.00 $1,440.00 $400.00 $6,648.00 $9,304.00 $1,750.00 $400.00 $11,454.00 $1,056.00 $0.00 $50.00 $1,106.00 $4,448.00 $0.00 $250.00 $4,698.00 $5,140.00 $0.00 $750.00 $5,890.00 $30,852.00 $3,190.00 52,025.00 $36,067.00 SUMMARY OF PROFESSIONAL UNIT RATES Xenon Geosciences, Inc. Licensed Professional Geologist, per hour Environmental Technician, per hour Secretary, per hour $125.00 $45.00 $28.00 DLZ Ohio, Inc. Brian Mott, RPG, UST design review $80.00 cost +10% Terran Corporation Brent E. Huntsman, CPG, Bioretention system review $175.00 cost +10% Xenon Geosciences, Inc. 95 N Tennessee Street, Suite 10 Danville, IN 46122 -0681 Phone 317.745.0002 Facsimile: 317.215.0678 XenonGeosci.com Conn, Angelina V From: Conn, Angelina V Sent: Wednesday, February 09, 2011 12:52 PM To: 'davis @cchalaw.com' Cc: Hollibaugh, Mike P; 'bwelch@binghammchale.com'; 'gdb984@yahoo.com' Subject: RE: Gas Station in Aquifer Proposal/ Turkey Hill 146th & River Road Good afternoon, John. You are correct. This item is Tabled to the March 15 Plan Commission meeting. 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 I E: aconn @carmel.in.gov W: www.carmel.in.gov /services /DOCS /DOCSDOPZ.htm Please consider the environment before printing this e-mail From: Hollibaugh, Mike P Sent: Wednesday, February 09, 2011 12:47 PM To: Conn, Angelina V Subject: FW: Gas Station in Aquifer Proposal/ Turkey Hill 146th & River Road Angie, please respond. Thank you From: John Davis fmailto:davis@ cchalaw.coml Sent: Wednesday, February 09, 2011 11:09 AM To: Hollibaugh, Mike P Cc: gdb9840yahoo.com; Heck, Nancy S; Klein, Matthew; bwelchCa binghammchale.com; Duffy, John M; Baker, Lou Ann Subject: Gas Station in Aquifer Proposal/ Turkey Hill 146th & River Road Mike: I thought that this was scheduled for hearing 2/15, but the website agenda indicates that it's tabled until 3/15. Please confirm. We represent the Service Advisory Board of the Dept of Waterworks (City of Indianapolis). Our client opposes this and wants to speak on the record and present evidence sufficient to enable a "No" vote. Thanks. John M. Davis Church Church Hittle & Antrim 938 Conner Street P.O. Box 10 Noblesville, IN 46061 317- 773 -2190 317 - 773 -5320 Fax 1 Conn, Angelina V From: Jon Dobosiewicz [fond @NF- LAW.COMj Sent: Friday, February 04, 2011 12:09 PM To: Conn, Angelina V Cc: Charlie Frankenberger Subject: RE: Feb. 15 Plan Commission meeting agenda Angie, Please table the Turkey Hill item until the March 15th meeting. Turkey Hill is going to address the permit approval for the tanks with the utility and John Duffy has yet to outline a review schedule for that to occur. I will let you know when I hear from him. In addition please remind PC members to retain the information booklets as they will remain unchanged. 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) ion @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 attaclunents (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 light 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. Y,. *** e 5**•************: i:**'*K ***'*** * *****:5**•** **** ** * *::. **** ** e' **tie ** ***** **** * ** * *** e'** *****x**Y*** 'r,.: e ************************* 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.aovl Sent: Friday, February 04, 2011 11:57 AM To: Dorman, Jay; Forwarding E -mail, Dierckman, Leo; Steve Stromquist; Susan Westermeier; Rider, Kevin D; brad.cirabow +cpc @amail.com; irizarryhm @lillv.com; Hagan, Judy; Kestner, Nick; ebhraimwilfona @amail.com; indylawson @gmail.com Cc: Angie Molt; Boone, Rachel M.; Donahue -Wold, Alexia K; Duncan, Gary R; Ellison, Christopher M; Hancock, Ramona B; Heck, Nancy S; Hallibaugh, Mike P; John Molitor; Keeling, Adrienne M; Linda Burdett - Ham Co PC; Littlejohn, David W; Marilyn Anderson; Mark Zukerman; Randy Marra; webteam @heckweb.net; Rick Osborn; Ron Houck; Stewart, Lisa M; 1 January 21, 2011 HAMILTON COUNTY HEALTH DEPARTMENT City of Carmel Plan Commission Department of Community Services ATTN: Mike Hollibaugh One Civic Square Carmel, In 46032 CHARLES HARRIS, M.D. • HEALTH OFFICER RECEIVED JAN 25 2011 DOGS RE: Legacy PUD — Turkey Hill Minit Market Dear Mr. Hollibaugh: The Hamilton County Health Department is writing this letter in opposition of the proposed underground storage tanks and facility to be located at the corner of 146th Street and River Road. There are numerous environmental and public health issues related to allowing such a facility of this type being constructed in this location. As you have been made aware the proposed facility will be within the well head protection zones that serve the largest municipal customer base in the state of Indiana. These protection zones are established for the ultimate purpose of protecting these natural resources from potential contamination and to protect the public health of those supplied by these water sources. Regardless of leak monitoring devices that may be imposed on such a facility the potential will exist for a release of product into an area underlain with porous soils and already considered an environmentally sensitive area in need of protection. We must also consider the daily occurrences of customer fueling spills and other automotive products released onto the surface from temporarily parked vehicles. These products have an increased risk of surface and groundwater contamination through storm water run off from the site. From the Indiana Department of Environmental Management; it only takes one pint of fuel to pollute up to one acre of water with an oily sheen. The components of gasoline contain carcinogens. These carcinogens are toxic to aquatic life and can upset fish and aquatic wildlife reproduction. While these compounds exist as an oily sheen on top of the water, some of the toxic chemicals may evaporate and pollute the air. Given that this site will be less than one mile from the White River, gives cause for great concern. Compounding the Health Department's concern is the private water well supplies which exist in the immediate area. Many of the residential properties that are not part of commercial development are not provided with municipal water service. Therefore in addition to the well head protection zones, these residential wells draw from shallower aquifers that are even closer to potential surface and subsurface contamination sources. 18030 Foundation Drive, Suite A Noblesville, In 46060 Phone: (317) 776 -8500 or Fax: (317) 776 -8506 Because of the concerns, I recommend against the approval of this type of project in this area. Sincerely, Charles Harris Health Officer CH/jtl CC: Hamilton County Drainage Board Hamilton County Commissioners Serving Noblesville ONE person at a time. OFFICE OF THE MAYOR CITY OF 7OBLESVILLE JOHN DITSLEAR, MAYOR January 21, 2011 Mr. Mike Hollibaugh, Director Department of Community Services One Civic Square Carmel, IN 46032 RECEIVED JAN 2 5 2011 DOCS RE: Opposition to Proposed Convenience Store with Gas Station Legacy Project located at the Southwest Corner of 146th and River Road Dear Mr. Hollibaugh: As Mayor of the City of Noblesville I am writing to you to express the city's opposition to the above mentioned proposed Gas Station within the Legacy development. According to a letter from the Indiana Department of Environmental Management dated January 11th, 2011 the proposed gas station site is located within a Wellhead Protection Area. The protection of ground water aquifers and land use by our close neighbors is of the utmost importance to the City of Noblesville and its citizens. Because of the high potential of contamination of ground water and other environmental contamination I ask you to deny this project. Thank you for your consideration in this very important matter of protecting our areas water sources and environment. S cerely, itslear, Mayor Noblesville cc: Mayor Brainard, City of Carmel Mayor Ballard, City of Indianapolis Mayor Cook, City of Westfield Matt Klein, Indianapolis Water Company JIIIIIIIIIL' mnumlfe 16 South 10th Street, Suite 275 Noblesville, Indiana 46060 Phone 317.776.6324 • Fax 317.776.6363 Conn, Angelina V From: Jon Dobosiewicz (fond @NF - LAW.COM] Sent: Tuesday, January 18, 2011 10:25 AM To: Conn, Angelina V Cc: Weisser, Bill; Charlie Frankenberger Subject: Turkey Hill - Docket Number 10110012 DP /ADLS Angie, Per our discussion please table the Turkey Hill matter scheduled for hearing by the Plan Commission tomorrow evening. As we discussed Turkey Hill wants to review access with the Engineering Department and County and also seek additional feedback from Carmel Utilities on the Wellhead Ordinance and placement of the tanks over the next 30 days. I have been advised by Turkey Hill that the check will be delivered to me by early next week. Upon recipe I will immediately deliver to your office. Sorry for the delay. 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. ***** *'?* . . *** *'?* :** *******v•' * ******* ** M : ** * . . * ** ****:;e: *** * *r,.**:; ********. ic•x, ** * *r „e: *****r . , * *•'•**: *. e **•r,. * ** *** **** ** **X* **** *** This email and any files transmitted with it are confidential and intended solely for the use of the indiv =idual or entity to whom they are addressed. If you have received this email in error please notify the system manager. 1 Conn, Angelina V From: Eric Carter [cartere @weihe.net] Sent: Tuesday, January 11, 2011 10:42 AM To: Conn, Angelina V Subject: FW: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy Angie, approval from Daren for Turkey Hill Legacy. Thank you, Eric Eric A. Carter, R.L.A. . ASLA Project Manager, Commercial Development Weihe Engineers, Inc. 317846 -6611 weihe.net Original Message From: Mindham, Daren jmailto:dmindham @carmel.in.ciovl Sent: Tuesday, January 11, 2011 10:03 AM To: Eric Carter Subject: RE: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy Eric, I am fine with this revised plan. Please submit a final electronic pdf when the site plans are finalized. Thanks 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: Eric Carter [mailto :cartere @weihe.netl Sent: Monday, January 10, 2011 1:20 PM To: Mindham, Daren Cc: fond @NF- LAW.COM; Charlie Frankenberger; steve.fuller @minitmarkets.com; Conn, Angelina V; Jamie Shinneman Subject: RE: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy Daren, Here are our responses to the following comments for Turkey Hill Legacy and offsite Water Quality basin. Thank you, Eric 1 January 10, 2011 Xenton C. 'Ward, C'"L M Surveyor of J- [amilton County (Phone (317) 7764495 'Fax (317) 776 -9625 City of Carmel Plan Commission Department of Community Services ATTN: Mike Hollibaugh One Civic Square Carmel, IN 46032 RE: Legacy PUD — Turkey Hill Minit Market Dear Mr. Hollibaugh: Suite 1SS One .7(amilton County Square .Noblesville, Indiana 46060 -zz3o I am writing regarding the proposed Turkey Hill Minit Market Gas Station within the Legacy Development at the southwest corner of 146th and River Road. This proposed gas station, with underground storage tanks, falls in the 1 year time of travel of the City of Carmel wellheads, the 1 year time of travel of an Indianapolis Department of Water Works wellhead, and falls in 3 different 3,000 foot buffer zones for 3 public water supply wells for Graylan Place and Hamilton Estates trailer parks. In addition to being proposed in an area with very porous soils, underlain by sand and gravel, the area also has a very high seasonable ground water elevation. In research completed by my staff, based on information from the United States Geological Survey Monitoring Well just west of this site, the highest ground water elevation on record for that area is approximately 746.3.5 feet above MSL. This means the ground water elevation may be only 10 to 12 feet below the surface at the proposed gas station and the underground storage tanks may, at certain times, be in direct contact with the seasonally high ground water elevation. While I know that Indiana Department of Environmental Management made a recent change to allow underground storage tanks with certain standards in wellhead protection areas, I do not believe the rule change contemplated situations like the case presented with this project. Also, please consider the very real possibility of contamination due to surface spills. The spill from an unattended hose by someone filling a vehicle could enter the aquifer quickly. Much worse would be a spill from a tanker truck filling the underground storage tanks. This proposed project has the potential to contaminate a valuable resource in Hamilton County and could taint a water supply that serves people well beyond the constituents of the City of Carmel. Please consider the possible environmental liabilities this proposed project creates by allowing this land use in the wellhead protection area at the proposed location. Because of these concerns, I recommend against the approval of this project. Should you have any questions, I can be reached at 317- 776 -8495. Sincerely K -nton C. rd, CFM Hamilton ounty Surveyor KCW/grh CC: Hamilton County Drainage Board Hamilton County Commissioners Mayor Cook — City of Westfield Kurt Wanninger — Westfield Department of Public Works Matt Klein - Indianapolis Water Company Tom Edens Enterprises LLC — Graylan Place Lawrence Weeks — Hamilton Estates Conn, Angelina V From: Sent: To: Cc: Subject: Attachments: Daren, Eric Carter [cartere @weihe.net] Monday, January 10, 2011 1:20 PM Mindham, Daren jond @NF - LAW.COM; Charlie Frankenberger; steve.fuller @minitmarkets.com; Conn, Angelina V; Jamie Shinneman RE: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy L201 - Landscape Details.PDF; 01.0016.R.1 BOUND.pdf; 2011 -01 -10 response letter - Daren Mindham.pdf; L101 - Landscape Plan.PDF Here are our responses to the following comments for Turkey Hill Legacy and offsite Water Quality basin. Thank you, Eric Eric A. Carter, R.L.A.. ASLA Project. Manager, Commercial Development Weihe Engineers, Inc. 3171846 - 6611 weihe.net Original Message From: Mindham, Daren fmailto :dmindhamCa�carmel.in.gov] Sent: Tuesday, November 23, 2010 2:01 PM To: iond @NF- LAW.COM; Charlie Frankenberger; Eric Carter; steve.fuller(aminitmarkets.com Subject: Docket No. Assignment: 10110012 DP /ADLS & 10110013 ZW - Turkey Hill @ Legacy Eric, The following email represents comments for this project specifically addressing the area of urban forestry. I have reviewed the drawings and offer the following comments: URBAN FORESTRY REVIEW COMMENTS L101 +L201 1) I would like to have the attached Carmel planting details used in City of Carmel projects. However, the details submitted will suffice. 2) Under Landscape Recommendations (Legacy PUD) — I am not sure where the 23F.11 requirement is referring to. Can you reference that for me? SP2 +SP3 1) I see this wetland area as perfect place to showcase some bald cypress and River birch. I will have to veto the honey locust and the red maple cultivars when ideal natives would so thrive. Otherwise, these plans look really well thought out. Please illustrate how these comments will be addressed by letter or revised plan. If you have any questions, feel free to contact me. Thanks. 1 WETHE ENGINEERS Land Surveying Civil E ngineering Landscape Architecture Build with confidence`.' January 10, 2011 Mr. Daren Mindham Urban Forester Department of Community Services One Civic Square Carmel, Indiana 46032 317 -571 -2283 RE: Turkey Hill Minit Market #604 Dear Mr. Mindham: This letter is in response to your comment email dated November 22, 2010 for the above referenced project. We have prepared the following responses to the plan review comments listed below. Review Comments L101 +L201 1. Comment: I would like to have the attached Carmel planting details used in City of Carmel projects. However, the details submitted will suffice. Response: Please see sheet L201 for Carmel details. 2. Comment: Under Landscape Recommendations (Legacy PUD) — I am not sure where the 23F.11 requirement is referring to. Can you reference that for me? Response: This was a typo. SP2 +SP3 1. Comment: 1 see this wetland area as perfect place to showcase some bald cypress and River birch. I will have to veto the honey locust and the red maple cultivars when ideal natives would so thrive. Response: See updated sheet SP2. 10505 North College Avenue Indianapolis, IN 46280 1 www.weihe.net 1 (317) 846 -6611 1 (800) 452 -6408 1 Fax: (317) 843 -0546 Allan H. Weihe, P.E., L.S., - Founder Turkey Hill Minit Markets Store # 604 January 10, 2011 Page 2 of 2 Should you have any further questions or requests for additional information pertaining to this project review, please contact me at 317 - 846 -6611. Sincerely, C Eric Carter, R.L.A. Project Manager, Commercial Development H:\ 2009\ w090633 \docs\Responses\2011 -01 -10 comment letter - Daren Mindhsm.doc January 10, 2010 Mr. Eric Carter Weihe Engineers 10505 College Ave Indianapolis, IN 46280 City of Carmel RE: Turkey Mini Mart Store #604 Dear Mr. Carter: DEPARTMENT OF COMMUNITY SERVICES The following letter represents comments for this project specifically addressing the area of alternative transportation. I have reviewed the drawings submitted on January 10, 2011 and the comments from the alternative transportation review have been satisfactorily addressed. We request that all responses to our comments be provided in writing. Failure to provide written responses may result in delay of the review process. It is critical that this office be made aware of all modification made on the plans being re- submitted, particularly if any such changes are considered "new" or fall outside of our previous reviews. Please provide revised plans indicating all revisions. Please notify us of any changes and specifically state any changes, including changes resulting from Plan Commission, Special Studies or other committee meetings. The Department of Community Services reserves the right to provide additional comments based on subsequent. reviews. If you have questions, please contact me at 571 -2417. Sincerely, David Littlejohn Alternative Transportation Coordinator Department of Conmiunity Services cc: Angie Conn, Department. of Community Services Engineering Department Review Project File ONE CIVIC SQUARE Page 1 CAR1IEL, INDIANA 46032 317/571 -2417 Conn, Angelina V From: Sent: To: Cc: Subject: Attachments: Eric Carter [cartere@weihe.net] Monday, January 10, 2011 12:55 PM Littlejohn, David W Conn, Angelina V; Jon C. Dobosiewicz (E- mail); Jamie Shinneman Legacy response letter 0202A - LIFT DETAILS.PDF; C102 - Site Plan.PDF; C202 - Site Details.PDF; 2011 -01 -10 comment letter - David Littlejohn.pdf «C202A - LIFT DETAILS.PDF» «C102 - Site PIan.PDF» «C202 - Site Details.PDF» «2011 -01 -10 comment letter - David Littlejohn.pdf» David, Attached is our comment responses for Legacy. If you have any questions, please let me know Thank you, Eric WEIHE ENGINEERS Land :Surveying I moil Engineering Landscape Arc :texture F O IV; coAjilience! Eric A. Carter, R.L.A., ASLA Project Manager, Commercial Development Weihe Engineers, Inc. 10505 N. College Avenue Indianapolis, Indiana 46280 317846 -6611 800 1 452 - 6408 317 1 843 - 0546 fax weihe.net This message and any files transmitted with it are confidential, may contain privileged information which is intended solely for the receipt, use and benefit of the intended recipient of this email. If you are not the intended recipient, be advised that dissemination, distribution, printing or copying of this message is strictly prohibited and may result in legal liability on your behalf. If you receive this message in error, or are not the named recipient, please notify the sender at either the email address or telephone number above and delete this email from your computer. Thank you. 1 NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOI -IN B. FLATT FREDRIC LAWRENCE JAMES A. NICKLOY CHRISTOPHER A. FERGUSON Angie Conn City of Carmel One Civic Square Carmel, IN 46032 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317- 844 -0106 FACSIMILE: 317- 846 -8782 January 7, 2011 Re: Turkey Hill Minit Market — 7729 East 146t11 Street Docket Number: 10110012 DP /ADLS Dear Angie: JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional Enclosed you will find 15 copies of the informational brochure for the above referenced item to be heard by the Plan Commission on January 19, 2011. A CD with a digital copy of the booklet has also been provided. Should you have any questions regarding this, please do not hesitate to call. Very truly yours, NELSON & FRANKENBERGER, P.C. Jon C. Dobosiewicz Land Use Professional Enclosures Ltr to A Conn 010711 �7= WETHE ENGINEERS Land Surreyng Civil Engineering Landscape Architecture Build with confidence`." January 3, 2011 Mr. David Littlejohn City of Carmel Department of Community Services One Civic Square Carmel, Indiana 46032 317 -571 -2417 RE: Turkey Hill Minit Market #604 Dear Mr. Littlejohn: This letter is in response to your comment email dated December 9, 2010 for the above referenced project. We have prepared the following responses to the plan review comments listed below. Review Comments 1. Comment: Please see the City of Carmel's Parking Ordinance in order to determine appropriate locations, specifications and construction details for the above. Response: Please see detail sheet C202 for path details. 2. Comment: The City of Carmel's and the Legacy PUD's Bicycle and Pedestrian Plan requires the construction of a 10' path along the entire street frontages of 146th St and River Rd. Please revise the plans to include and label these facilities. Response: Please see sheet C102 for paths located on both streets. 3. Comment: The City of Carmel's Bicycle and Pedestrian Plan and the Legacy Street Standards both require a minimum of five (5) foot sidewalks along all streets. Please revise the plans to include and label these facilities along Street A and B. 10505 North College Avenue Indianapolis, IN 46280 1 www.weihe.net 1 (317) 846 -6611 1 (800) 452 -6408 I Fax: (317) 843 -0546 Allan H. Weihe, P.E., L.S., - Founder Turkey Hill Minit Markets Store # 604 January 3, 2011 Page 2 of 2 Response: Per our discussion, at this time a 5' path will not be shown. It is the understanding that future development to the west and south will be asked to provide the walks. 4. Comment: Exhibit 3: Bicycle and Pedestrian Plan in the Legacy PUD also shows a "primary walking path" along the south side of the site connecting to the River Rd path. Please revise the plans to include and label this facility. Response: Per Meeting on Monday, December 13th, This will be ok to provide at a later date as the development to the south submits for approval. 5. Comment: Exhibit 6: Street Plan shows the south west corner of 146th St and River Rd as a "secondary point of connectivity." Please provide details of this. Response: This was discussed at the above meeting. The "secondary point of connectivity" is referring to curb cuts. 6. Comment: Please consider providing a direct connection from the multiuse path along 146th St to the site's internal sidewalks. Response: Please see added walk tieing in the 146th street path with the Turkey Hill project. Should you have any further questions or requests for additional information pertaining to this project review, please contact me at 317- 846 -6611. Sincerely, Eric Carter, R.L.A. Project Manager, Commercial Development H:\ 2009\ w090633 \docs\Responses\2011 -01 -03 comment letter - David Littlejohn.doc NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE JAMES A. NICKLOY CHRISTOPFIER A. FERGUSON Angie Conn City of Carmel One Civic Square Carmel, IN 46032 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317- 844 -0106 FACSIMILE: 317 - 846 -8782 December 30, 2010 Re: Turkey Hill Minit Market — 7729 East 146`1' Street Docket Number: 10110012 DP /ADLS Dear Angie: JANE B. MERRILL, Of Counsel JON C. DOBOSIEWICZ, Land Use Professional 241 RECEIVED JAN DOCS Below please see the response to the questions included in your review of the above referenced matter dated December 6, 2010. Planning/Zoning Department review comments: Please provide copies of your correspondence with the TAC members and their correspondence with you. DOCS has been copied via e -mail on all correspondence from TAC members. C) Please fill out the DP & ADLS applications — much of it is blank. See attached plans. Remember to include the Development Plan application's Findings of Fact sheet in your final info packets. This will be included in the packet we anticipate delivering on February 2, 2011. Provide the filled out and notarized Affidavit of Notice of Public Hearing page of the application. This will be provided on January 14, 2011. Provide the filled out Notice of Public Hearing page of the application. This will be provided on January 14, 2011. Provide the filled out and notarized Public Notice Sign Placement Affidavit page of the application. This will be provided on January 14, 2011. TH Legacy - Ltr to A Conn 123010 Provide a copy of the Official List of Adjacent Property Owners from Hamilton County Auditor's Office. This will be provided on January 14, 2011. Feel free to bring color and material samples to the Plan Commission meeting. We will bring a material sample board to the Plan Commission meetings. Please submit a floor plan of the proposed building. See attached. Please show /label the road rights of way on the site plan, a 50 -ft half for River Rd & a 75 -ft half for 146th St. This has been added to the site plan. The right of way for 146th Street is 85' and River Road is 131.2' full. . Prepare an estimated construction cost to comply with the Thoroughfare Plan & Alternative Transportation Plan; contact the Engineering Dept. for more details. The Engineering Department, per Gary Duncan, has indicated no additional improvement to River Road is required. I 62- Obs-ii red boy Per the PUD exhibits there is the existing multi use path along 146th St. and along River Rd. a primary multipurpose path is required. Also required: 10 -ft side path and 6 -ft bike lane on street. Please work with David Littlejohn on the path requirements. (The corner is a proposed secondary point of connectivity, per the PUD.) David Littlejohn was consulted and no bike lane is required. Path and sidewalk have been show on the site plan including 8' path on 146th to match existing, 10' path on River Road and a connection to the building. See plan sheet C102. Please show that the exterior lighting of the building or site is designed so that light is not directed off the site and the light source is shielded from direct offsite viewing.(See ZO CH. 23F.12.02, referred to by the PUD.) See attached photometric plan. Proposed lighting has been designed to comply. Please work with the Engineering Dept and the Hamilton County Highway Dept on street lights design/location. See ZO CH. 23F.12.01, referred to by the PUD, which states that street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. But the PUD also states: street lights shall be depicted as shown on exhibit 18 (of the PUD). Both HC Highway and Carmel Engineering indicated they do not want lighting in the right -of -way of 146t' Street or River Road. No street lighting is proposed in the right -of -way. Street Lights along collector streets shall be provided at regular intervals, as required by section 14.03 of the PUD. Please add to the lighting plan and site plan. There are no interior streets proposed. One light was added at the intersection of the interior drives. ..&(Will there be any up- lighting or landscaping lighting? If so please provide the locations and design details of these light fixtures. None is proposed. TH Legacy - Ltr to A Conn 123010 17. Please label the percen of the site's impervious surface, This has been added to Sheet C103 — Grading Plan. "12 n 2 Vp `'`^-i u l ovs. 1. Please provide the knee wall details. See attached architectural plans. Please show /label the 15 -ft wide buffer yard along 146th St. The label has been added. See sheet C102. Please add a few more street trees along River Rd. A few trees have been added. See sheet L101. 71. Please add trees to the area along the west side of the drive aisle that comes off of 146"' St. Landscaping will be addressed at the time a Development Plan is filed for the adjacent parcel. XPlease add building base landscaping to the south side of the main building and to the north side of the carwash building. See sheet L101 for landscaping added north of the car wash. Planters have been added to the south side of the main building (see attached architectural plans and details). The south building elevation looks great, but for the north elevation, please add more `windows', or similar detailing. It is considered the front face of the building since it faces a major street. PUD Exhibit 10 Continued, paragraph 3.a. states "Windows should be provided on all facades. Exceptions shall be made for certain architectural styling, faux windows, and other details that imitate windows in locations where actual windows are not appropriate..." and "...at least 60% of the total area of the first floor facade shall be transparent vision glass." Design elements have been added to the north elevation of the building. See attached elevations. )(Please add some real window to the east and west elevations, as well. No glass has been added. Design elements have been provided as discussed with staff. ,2 What is the door material on the north building elevation. Is it steel? Yes. CAC' 0. Please provide the roof slope. See the attached building elevation notes. 124 /Please shift the building north 1 -ft, so it meets the 15 -ft front setback along 146th Street. The building has been moved to meet the 15' setback. See sheet C102. /03. ease make gas canopy cornice a cream color, not white. The color of the canopy as proposed is gray. See attached building elevation notes. Cli '(� Ceyru "'4ef -N3Gv lease label the mechanical equipment locations on the site plan & provide the screening details. This includes electric and gas meters. The roof plan and building elevations illustrate the roof top mounted equipment and screening of mechanical equipment. All equipment is ')DM ovN 1 ? TH Legacy - Ltr to A Conn 123010 — th.\) _e}u Jv. bcy . fully screened with the exception of two exhaust vents on the north roof elevation. These will be powder coated to match the shingle color. rovide a photo example of the proposed vents on the north elevation; do any other Turkey ill buildings have this? See attached. /Make sure the trash dumpster enclosure is taller than the trash dumpster itself. A note has been added to the dumpster elevations. See attached. E NNE S L._ n i7 c,1%4 Please consider using additional LEED or `green' building practices, such as a white membrane roof, solar panels, skylights, bioswales, etc. List is attached. A Carmel Green Building Checklist will be provided in the information booklets delivered for the Plan Commission meeting. 33. Please work with Rachel Boone, Sign Permits Officer, on the signage details & possible variances needed. Her contact info is 317 -571 -2417 and rboone @carmel.in.gov. a) Instead of the squared off center ID ground sign designs for the complex, can you show a rounded edge, similar to what was approved originally with the PUD ordinance? See attached sign plan with modification. b) Variance approvals from the BZA will most likely be required for the electronic scrolling prices. Can this be addressed as part of the waiver? c) Will the price scroller be recessed into the sign structure? (This is what the Dept. prefers.) The scroller will be recessed into the sign structure. d) Please provide more detail on the ground sign drawings regarding the stone style and color, with perhaps color photo examples, too. See sign plan for details. e) Will the small circle at the top of the pillar (on the ground sign) have an "L" in it? An "L" is provided. t) Please provide dimensions for the rest of the signs, i.e., height, overall width, width of pillar, etc. (Rachel can provide some of those dimensions if needed.) Dimensions have been provided for all signs. g) What type of illumination will the ground signs have, since they will have pin mounted aluminum letters? Internal lighting will be used. No external lighting is proposed. h) Please confirm which way the ground signs will face; will the stone column be at the south end or the north end of the sign facing 146th St.? (or west or east facing River Rd. ?) The column will be furthest from the street right -of -way for each sign. The Sign Ordinance states that Multi Tenant Building Complex ID signs should be placed at a minimum 10' from the ROW. These signs are only shown at 5' from the TI-1 Legacy - Lir to A Conn 123010 j) ROW. The sign location has been adjusted to 10' from the right -of -way. See sheet C 102. Note: The overall size of the ground signs is roughly 57 sq. ft. This is within the allowable 75 sq. ft. for the complex ID sign. (This is based off the width of the planned retail building on Parcel C.) The sign area has been adjusted. The copy area is under 75 square feet. k) Please provide info on how the other tenant panels on the ground signs might be utilized. Please specify installation method, colors, panels, lighting, etc. See notes on attached signage plan. The background will match the cabinet color and the copy color will not be restricted. ,14/ Note: No sign permit is required for Sign C — the window sign facing south. m) The Dept. is not in favor of the extremely large logo and small letters facing north (as shown on the architectural rendering). There is a great difference between the sign company's rendering and the architectural rendering. Which is accurate? (The Dept. would prefer the sign company's rendering.) This sign is shown at about 27 sq. ft. Please have the sign company provide the overall height of the sign, not just the letters and logo separately. The sign is per the sign company specifications. The building elevation has been corrected. n) Please change the lighter color brick behind the sign on the north elevation to have similar detail as the one on the south elevation. This change has been made. See attached building elevations. P) q) Note: The east elevation looks great. That sign is 27.46 sq. ft. and is within the allowable 30 sq. ft. for that elevation. On the west elevation, please add a lighter color bricked area (similar to the east elevation) to frame the wall sign Or, if that isn't possible because of the ladder access, please add a small cluster of 4 lighter colored bricks similar to what is on the north and south elevations....there could be a few on each side of the ladder. This change has been made. See attached building elevations. The car wash building looks nice, but the Dept. would prefer the sign to be individual internally illuminated white letters, similar to the Turkey Hill signs. See attached sign with changes. The sign will be externally illuminated with fixture to match other wall lights on the building. The car wash is an accessory building and is not entitled to a sign. Perhaps you can seek BZA variance approval to use some of the unused square footage of the TH wall signs for this one. There is about 20 sq. ft. left over. See attached sign with changes. It is now smaller than 3 square feet as discussed and allowed as part of the directional sign package. TH Legacy - Ltr to A Conn 123010 s) Will there be other informational or directional signs on site for the car wash? If so, please provide the locations, design details, etc. See attached sheet C102. t) The gas pump signage looks fine. u) Would like more detail on the potential ATM located on the south elevation. Also, signage will need to be less than 3 sq. ft. See the attached photo. Should you have any questions regarding this, please do not hesitate to call. Very truly yours, NELSON & FRANKENBERGER, P.C. k....■------> Jon C. Dobosiewicz Land Use Professional Enclosures TH Legacy - Ltr to A Conn 123010 • • Conn, Angelina V From: Conn, Angelina V Sent: Monday, December 06, 2010 2:58 PM To: 'Jon Dobosiewicz' Cc: • 'Charlie Frankenberger'; 'Eric Carter'; Steve Fuller (E- mail); Duncan, Gary R; Boone, Rachel M. Subject: Review comments for Docket No, 10110012 DP /ADLS: Legacy PUD - Turkey Hill Minit Market Attachments: Carmel Green Building Checklist.doc Good afternoon, Jon. Please reply to each of the review comments for the Turkey Hill applications via email or letter correspondence on or before Dec. 30. Additional review comments may be voiced at the Dec. 15 TAC meeting. Thank you. Planning /Zoning Dept. review comments: 1. Please provide copies of your correspondence with the TAC members and their correspondence with you. 2. Please fill out the DP & ADLS applications — much of it is blank. 3. Remember to include the Development Plan application's Findings of Fact sheet in your final info packets. 4. Provide the filled out and notarized Affidavit of Notice of Public Hearing page of the application. 5. Provide the filled out Notice of Public Hearing page of the application. 6. Provide the filled out and notarized Public Notice Sign Placement Affidavit page of the application. 7. Provide a copy of the Official List of Adjacent Property Owners from Hamilton County Auditor's Office. 8. Feel free to bring color and material samples to the Plan Commission meeting. 9. Please submit a floor plan of the proposed building. 10. Please show /label the road rights of way on the site plan, a 50 -ft half for River Rd & a 75 -ft half for 146th St. 11. Prepare an estimated construction cost to comply with the Thoroughfare Plan & Alternative Transportation Plan; contact the Engineering Dept. for more details. 12. Per the PUD exhibits there is the existing multi use path along 146th St. and along River Rd. a primary multipurpose path is required. Also required: 10 -ft side path and 6 -ft bike lane on street. Please work with David Littlejohn on the path requirements. (The corner is a proposed secondary point of connectivity, per the PUD.) 13. Please show that the exterior lighting of the building or site is designed so that light is not directed off the site and the light source is shielded from direct offsite viewing.(See ZO CH. 23F.12.02, referred to by the PUD.) 14. Please work with the Engineering Dept and the Hamilton County Highway Dept on street lights design /location. See ZO CH. 23F.12.01, referred to by the PUD, which states that street lighting shall be provided as part of all projects, on both sides of the street when possible, and spaced no less than one hundred (100) feet apart, and of a design per the adopted City style. But the PUD also states: street lights shall be depicted as shown on exhibit 18 (of the PUD). 15. Street lights along collector streets shall be provided at regular intervals, as required by section 14.03 of the PUD. Please add to the lighting plan and site plan. 16. Will there be any up- lighting or landscaping lighting? If so please provide the locations and design details of these light fixtures. 17. Please label the percent of the site's impervious surface. 18. Please provide the knee wall details. 19. Please show /label the 15 -ft wide buffer yard along 146th St. 20. Please add a few more street trees along River Rd. 21. Please add trees to the area along the west side of the drive aisle that comes off of 146th St. 22. Please add building base landscaping to the south side of the main building and to the north side of the carwash building. 1 23. The south building elevation looks eat, but for the north elevation, please adore 'windows', or similar detailirig. It is considered the front face of the building since it faces a major street. PUD Exhibit 10 Continued, paragraph 3.a. states "Windows should be provided on all facades. Exceptions shall be made for certain architectural styling, faux windows, and other details that imitate windows in locations where actual windows are not appropriate..." and "...at least 60% of the total area of the first floor facade shall be transparent vision glass." 24. Please add some real window to the east and west elevations, as well. 25. What is the door material on the north building elevation. Is it steel? 26. Please provide the roof slope. 27. Please shift the building north 1 -ft, so it meets the 15 -ft front setback along 146th Street. 28. Pease make gas canopy cornice a cream color, not white. 29. Please label the mechanical equipment locations on the site plan & provide the screening details. This includes electric and gas meters. 30. Provide a photo example of the proposed vents on the north elevation; do any other Turkey Hill buildings have this? 31. Make sure the trash dumpster enclosure is taller than the trash dumpster itself. 32. Please consider using additional LEED or `green' building practices, such as a white membrane roof, solar panels, skylights, bioswales, etc. List is attached. 33. Please work with Rachel Boone, Sign Permits Officer, on the signage details & possible variances needed. Her contact info is 317 - 571 -2417 and rboone @carmel.in.gov. a) Instead of the squared off center ID ground sign designs for the complex, can you show a rounded edge, similar to what was approved originally with the PUD ordinance? b) Variance approvals from the BZA will most likely be required for the electronic scrolling prices. c) Will the price scroller be recessed into the sign structure? (This is what the Dept. prefers.) d) Please provide more detail on the ground sign drawings regarding the stone style and color, with perhaps color photo examples, too. e) Will the small circle at the top of the pillar (on the ground sign) have an "L" in it? f) Please provide dimensions for the rest of the signs, i.e., height, overall width, width of pillar, etc. (Rachel can provide some of those dimensions if needed.) g) What type of illumination will the ground signs have, since they will have pin mounted aluminum letters? h) Please confirm which way the ground signs will face; will the stone column be at the south end or the north end of the sign facing 146th St.? (or west or east facing River Rd. ?) i) The Sign Ordinance states that Multi Tenant Building Complex ID signs should be placed at a minimum 10' from the ROW. These signs are only shown at 5' from the ROW. j) Note: The overall size of the ground signs is roughly 57 sq. ft. This is within the allowable 75 sq. ft. for the complex ID sign. (This is based off the width of the planned retail building on Parcel C.) k) Please provide info on how the other tenant panels on the ground signs might be utilized. Please specify installation method, colors, panels, lighting, etc. I) Note: No sign permit is required for Sign C — the window sign facing south. m) The Dept. is not in favor of the extremely large logo and small letters facing north (as shown on the architectural rendering). There is a great difference between the sign company's rendering and the architectural rendering. Which is accurate? (The Dept. would prefer the sign company's rendering.) This sign is shown at about 27 sq. ft. Please have the sign company provide the overall height of the sign, not just the letters and logo separately. n) Please change the lighter color brick behind the sign on the north elevation to have similar detail as the one on the south elevation. o) Note: The east elevation looks great. That sign is 27.46 sq. ft. and is within the allowable 30 sq. ft. for that elevation. ID) On the west elevation, please add a lighter color bricked area (similar to the east elevation) to frame the wall sign Or, if that isn't possible because of the ladder access, please add a small cluster of 4 lighter colored bricks similar to what is on the north and south elevations....there could be a few on each side of the ladder. 2 q) The car wash building looks e , but the Dept. would prefer the sign to bOdividual internally illuminated white letters, similar to the Turkey Hill signs. r) The car wash is an accessory building and is not entitled to a sign. Perhaps you can seek BZA variance approval to use some of the unused square footage of the TH wall signs for this one. There is about 20 sq. ft. left over. s) Will there be other informational or directional signs on site for the car wash? If so, please provide the locations, design details, etc. t) The gas pump signage looks fine. u) Would like more detail on the potential ATM located on the south elevation. Also, signage will need to be less than 3 sq. ft. Angie Conn, Planning Administrator City of Carmel Planning & Zoning Dept 1 Civic Square, 3rd Fir Carmel, IN 46032 0: 317-571-2417 F: 317-571-2426 E: aconn@ carmel.in.gov W: Website Please consider the environment before printing this e -mail 3 6 Applications: Emergency Smoke Control, Restaurant and High Grease Emergency Smoke Control Applications Models S -CUBE and USGF When you buy a Greenheck model S -CUBE or USGF, you receive a fan with the industry's best performance and durability for Smoke Control Applications (as found in emergency smoke control systems). • The first spun aluminum (steel for USGF model) UL/cUL Listed fan for Emergency Smoke Control Systems in the industry. • UUcUL Listed for 500 °F (260 °C) for 4 hours and 1,000 °F (538 °C) for 15 minutes. • Half the weight of traditional smoke control fans, ideal choice for roof load concerns. • Low profile, height is Tess than half of traditional smoke control fans, maximum of 48 inches (1200 mm) from curb cap to top of fan. • Multiple applications, capable of exhausting general clean air and satisfying emergency smoke control regulations. Restaurant and Grease Applications Models CUBE, CUE, CWB, and CW When you choose a Greenheck fan, you have selected a fan with the industry's best performance and durability for restaurant and grease applications (as stated in NFPA 96 Vapor Removal from Cooking Equipment). Models CUBE, CUE, CWB, and CW fans are specifically designed for use in restaurant applications to discharge air directly away from the mounting surface. • Most advanced motor cooling of any fan in its class. • Greenheck pioneered leakproof construction for the entire life of the fan utilizing a one -piece windband continuously welded to the curb cap. • UUcUL 762 Listed for exhausting grease. Ultimate Steel Grease Fan for Heavy- Grease Applications Model USGF When you choose a Greenheck model USGF fan, you have selected a fan with the industry's best performance and durability for heavy - grease applications (as stated in NFPA 96 Vapor Removal from Cooking Equipment). The USGF fan is specifically designed for severe grease applications to remove high amounts of grease and /or solid fuels and to discharge air directly away from the mounting surface. • Only spun steel fan in the industry. • Withstands the most severe cleaning conditions. • Most advanced motor cooling of any grease fan. Capable of continuously handling 400 °F (204 °C) airstream temperatures. • UUcUL 762 Listed for exhausting grease. • Only kitchen specific exhaust fan to meet Miami -Dade Test protocols for Large Missile Impact Test