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Norman John Kerr, Jr.
13595 Kensington Place
Carmel, IN 46032
Managing Partner of Kensington Partners
DOCS
History of Kensington Place:
Originally Plated for 22 Lots
The first builder built 7 townhomes. He is since deceased.
Kensington Partners bought the balance of the lots to maintain the Georgian architecture.
In October 2000 Kensington Partners requested before the CarmeVClay Plan Commission
a reduction of 22 lots to 19 lots to allow for more green space.
Kensington Partners has built 9 townhomes and has 3 vacant lots for building.
Comments of Disapproval regarding the Proposed Draft Ordinance dated 18 February
2005 for Jackson Square.
The 2nd "WHEREAS" (lines 12-14 of the Proposed Ordinance) is objectionable in that
the "Commission" needs to thoroughly review and amend in detail the proposal and it
should not be forwarded to the Common Council of the City of Carmel, Indiana with a
favorable recommendation as presented.
The paragraph starting "NOW, THEREFORE, BE IT ORDAINED" (lines 16-23) should
not be approved in that (a) this proposed ordinance should not be used in establishing a
Planned Unit Development District with a residential provision, (b) existing ordinances
or laws of The City of Carmel, Indiana shall be observed for the property in question and
not overridden and/or eliminated as proposed in the draft, (c) Chapter 23-B of the Carmel
Zoning Ordinance, as amended, which is the U.S. Highway 31 Corridor Overlay Zone
shall apply to the development of the subject property.
The present B-6 Zone within the U.S. 31 Overlay Zone with the previously agreed
exclusions and buffering should apply to this parcel, which was committed for the future
development to conform to the U.S. 31 Overlay Zone. Completion of what is already
established, as an office park for this parcel is consistent with the intent that it would
provide for the necessary health, safety and welfare of the adjacent residential
neighborhoods.
The balance of the proposed ordinance attempts to completely override and/or eliminate,
(1), the Meridian Corridor Overlay, CarmeVClay Zoning Ordinance, Chapter 23B, titled
U.S. Highway 31 Corridor Overlay Zone, (2), Carmel/Clay Zoning Ordinance, Chapter
17, titled B-6, Business District, and (3) the commitments made in Docket No. 40-90Z
which were approved by the Carmel Plan Commission by a vote of 12 to 0 in 1990. The
preservation of these commitments is most dear to the residents of Kensington Place.
Any deviation from those commitments as outlined in the memo previously submitted to
the Carmel Plan Commission is of grave concern to the residents of Kensington Place.
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as though it were within the U.S. 31 Overlay Zone or the Meridian Corridor. Inaddition
the petitioner, by way of commitment, have (has) excluded certain permitted and special
uses typically allowed in the B-6 District, from Parcel #2." "The petitioner is also willing
to limit the height of buildings with Parcel #2 to four stories or 50', the lesser of
(tape: 115)??????" .
"Mr. Nelson stated that the petitioner was committing to a tree preservation program in
conjunction with substantial greenbelt areas." The "substantial greenbelt area" was
established to be 50 feet to the west and south boundaries of Kensington Place, which
designation has been recorded. "As for Parcels #1 and 2 except for necessary clearing for
the installation of roads, parking areas and the building, all trees greater than 1 0" in
.diameter will be retained. " .
CARMEL PLANNING COMMISSION MINUTES - July 17~ 1990 - Docket No. 40-90Z
Mr. Houck asked about the buffer. area adjoining the road cut on Smokey Row Road, the
green belt area to the east of that road, what is the depth of that buffer? For parcel 2
where would the likely place be for a building? Mr. Houck also has a concern of the
protection of the residents in Kensington Place. Is there a plan to preserve the ,vegetation
in the green belt area or will it be cut down?"
CARMEL/CLAY PLAN COMMISSION SPECIAL S~rUDY COMMITTEE JULY
5~ 1994
"At the time offuture development, no storm water from Parcel 2 (Pro-Med) shall be
allowed to drain across Kensington Place. "
"At the time of rezone, a tree preservation easement was committed to by Pro-Med in the
area adjacent to Kensington Place on the west and on the south. There is a 30 foot
landscape buffer required; the petitioner has provided n)r a 50 foot landscape buffer
adjacent to Kensington Place, and a building setback lirLe of 60 feet; no building will be
located within the buffer area. "
"Ron Houck also questioned the drainage towards Kensington Place. Mr. Huffman
responded that the drainage flowed from northwest to the southeast. There are currently
smaller valleys that do drain across Kensington Place; hlowever, it is the intention to
install infrastructure to accommodate future development; plans do call for a storm sewer
24 inches in diameter to catch water and pipe to the pond, and any additional water east
of this point that goes onto Kensington Place will need to be addressed at future
development. "
Based on the commitments made in 1990, the office park on ProMed Drive has
developed in a quiet and harmonious manner. Likewise, Kensington Place has developed
in a serene and peaceful manner. Sixteen homeowners have either contracted for or
purchased already constructed.town homes based on the commitment made at the time of
the 1990 rezone that to the west and south there is a recorded 50 foot buffer zone that
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provides that no tree over 6" diameter shall be disturbed. Also, those purchasing in
Kensington Place have understood that the Pro Med property is zoned for offices
consistent with the U.S. Highway 31 Corridor Overlay Zone, since the commitment was
made at the time of the rezone to B-6 that all of Parcel #2 (that parcel which is up for
your consideration now) shall be deemed as in the U.S. Highway 31 Corridor Overlay
Zone.
The City of Carmel had cause to review the specific criteria for Kensington Place in 2001
and approved criteria for 50% - 60% allowable coverage on each lot. The visual
aesthetics of criteria for Kensington Place is plain for all to see. There are three lots yet
to be built which will finish out Kensington Place with 19 town homes on a total of four
acres. The original approval of Kensington Place was for 22 lots. The adjustment to 19
lots was self-imposed by the current owner, my husband, John Kerr, to dissolve any
appearance of congestion and to make way for guest parking
In April 2005 comes a project before you proposing to change all the commitments made
in 1990. The plan calls for an office building which none of the Kensington Place
residents oppose because that was the commitment made and therefore expected.
In addition there are proposed 38 town houses on 4.47 acres with what appears to be a
narrower private street. There is unanimous objection on the part of every Kensington
Place property owner to the 38 town houses on 4.47 acres, which shows a reduced buffer,
previously committed and recorded in 1990. Additionally, the concern is that the
Meridian Corridor Overlay Zone calls for "consistent and coordinated treatment of the
properties borderingU. S. Highway 31. " The Code continues on to read: "U. S. Highway
31 Corridor is a premier office location and employment center whose viability, quality,
and character are important to the community as a whole, adjacent residents, employees,
business owners, and taxing districts. "The code also speaks to "development consistent
with the Corridor's existing and planned uses."
Think of how the Meridian Corridor flows with the careful placement of the major office
structures. Now review the placement of the office structure proposed in this project. It
does not have a consistent relationship to the Meridian Corridor, as do all the other office
structures along the corridor. Is that because the desire is to squeeze every every inch out
of the land that is there? Consistency is important as the corridor nears completion.
Your attention to that detail is invited.
If you do not hear our plea and cry.to maintain the office park as previously committed,
Kensington Place owners request that if the Jackson Square project is considered single
family or multi-family in nature that the B-6 Minimum Lot Size be adhered to or as a
minimum, the. standards imposed upon Kensington Place regarding percentage of lot size
developed be adhered to, which would reduce the number of units built in Jackson Square
by a significant number.
It is appropriate to bring to your attention that the intersection of Smokey Row with Old
Meridian is not in the best interest of the health, safety and welfare of those who travel
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that way frequently. Especially in the dark of the night, for those who are not
accustomed to the intersection, it is very dangerous. Adding 38- 7 6 more cars exiting or
entering ProMed Drive where other cars are coming around the curve, requires your
serious consideration since you are charged with the health, safety and welfare of the
community. Office workers normally come and go during daylight hours. This is the
preference of the residents of Kensington Place. Residents of a dwelling are most
frequently home at night with their lights on and truly changing a wooded picture, which
often includes deer, birds and other wild life.
Additional questions arise that are of concern:
How will the runoff flow to avoid flooding Kensington Place since there is a severe
topography drop from Pro Med Drive to Kensington Place?
Will the new construction require additional evergreen trees of significant size to further
buffer Kensington Place from whatever structures are built and from the lighting?
If construction requires compacted soils to be brought in for fill, will there be careful
monitoring to meet required standards to avoid collapse in the event of a heavy 100-year
rain?
Is profit or income the primary focus of all petition decisions? Please review the attached
letter from Walter G. Justice dated November 24, 2004, where he states, "I believe the
ultimate decision the homeowners need to make has to do with either wanting to see
residential properties to their West or commercial. Weare in a situation where unlike
most zoning matters that I experience, we really don't have a preference. If the property
is to be developed in its entirety with office buildings, then we will go along with
whatever the City of Carmel suggests in terms of layout, but subject to the usage and
density which the property allows for under the existing zoning as we know it. II Plan
Commission Members, Mr. Justice says it all here; this application rests in your hands.
Kensington Place homeowners have been and are aware and are receptive to the final
development of the office park. Is there any real reason why the commitments of 1990
cannot be lived up to?
More recently, I attended all of the meetings (public hearing, committee meetings, final
vote, etc. in 2004/2005) for the Brenwick Village of West Clay application. There were
primarily two citizens in opposition. They lived approximately 1/2 mile and 1 mile away,
respectively. Their opposition was that the proposed changes would affect their quality
of life. There were significant adjustments to that application as a result of those two
opponents who lived a significant distance from the project. Your attention is sincerely
requested when the quality of life will be affected for the residents of Kensington Place
who live 50 feet away. Will your passion for fairness be demonstrated?
Respectfully, r. . .
~~~~ m:::
Virginia Kerr 4/13/05
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Advisory Conzmittee. All written requests to be placed on the Board's agenda nlust include the
appropriate Docket Number and the date (or dates) of approval by the Plan Commission and/or
the Board of Zoning Appeals (if applicable).
4. T.A.C. ReviewlDrawings submitted for approval:
We request that all comments and comment letters generated by this office be answered in writing
and be accompanied by a drawing reflecting requested revisions. Final drawings will not be
approved for construction until all Engineering Department and Carmel Utilities issues have been
resolved. The design engineer must certify all drawings submitted for final approval. We will
require a minimum of five-sets of drawings for approval after all issues have been resolved. The
drawings will be stamped as approved and \vill be signed by the City Engineer and by the Director
of Carmel Utilities. One set will be distributed to the OwnerlDeveloper to be maintained on the
construction site. Two sets will be retained by the Engineering Department and two-sets will be
distributed to Carmel Utilities. If more than one approved/signed set is desired, we will approve a
maximum of two additional sets for a total of seven sets. However, the additional sets must be
submitted with the required five sets.
5. Please be advised that any installation of signs, walls, irrigation systems, etc. within dedicated
right of ,yay or dedicated easements will require a Consent to Encroach Agreement with the City
of Carmel's Board of Public Works and Safety.
6. Carmel Utilities/W ateI' Distribution/W astewater Collection should be provided copies of all
drawings and revisions for review of sanitary sewer issues. They will provide a separate review
regarding these issues.
7. Camlel Utilities does not subscribe to "Holey Moley" and should be contacted directly for all
water and sanitary sewer locations.
8. Weare enclosing copies of the following information for your use:
. Commercial Project Approval Procedures
. Performance Release Procedure
. Building Permits
. Permit Data, Contacts, etc.
BONDING REQUIREMENTS
9. Upon initial revie\v, it appears the following bonding requirements may apply to this project:
Performance Guarantees/Engineer's Estimates
Individual Performance Guarantees will be required for the following subdivision improvements:
. Right of Way Improvements, to include 3-curb cuts and emergency access.
. Water Mains
. Sanitary Sewers
. Sidewalks/Asphalt Path within dedicated right of way
It is our assumption that the storm sewers/storm drainage system will be privately owned and
maintained.
The amount of the Performance Guarantee is based upon a certified Engineer's Estimate for 100%
of the cost of labor and materials to construct the individual improvements, to be provided by the
design engineer. Please provide detailed Engineers Estimates for each improvement including
unit costs, quantities, materials and types of materials, etc. Upon completion and release of
individual Performance Guarantees, a three-year Maintenance Guarantee will be required. The
Maintenance Guarantee amount is based upon 15% of the Performance amount for Streets and
Curbs and 10% of the Performance amount for all other inlprovements. Performance Guarantees
may be Performance or Subdivision Bonds or Irrevocable Letters of Credit. Please reference the
enclosures for more detailed explanation of our procedures.
Right of\Vay Permit and Bonding
Any work in the dedicated right of way of Pro Med Lane andlor Smokey Row Road will require a
Right of Way Permit. If the \vork is included in the scope of work of a posted Performance
Guarantee, no additional bonding will be required. If it is not included, a License & Permit type
Right of Way bond will be required in the amount of$2,000.00 per instance of work in the right of
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way. Any open cut in the pavement of Pro ~led Lane or Smokey Ro,v Road ,viII require
separate Board of Public \Vorks and Safety approval.
10. We have engaged Crossroad Engineers, PC to review all drainage plans and drainage calculations
submitted to this office for revie\v. We will share Crossroad's conunents as they are received.
When construction plans are submitted for review for this development, please provide 2-sets of
plans and calculations to allow us to send the extra set to Crossroad to save some time in the
review process.
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AVAILABILITY AND CONNECTION FEES
11. Water and Sanitary Sewer Availability (acreage) Fees must be paid after all other Engineering
Department requirements have been satisfied and prior to the start of construction activities.
Availability Fees are based upon total legal description acreage for the development at the current
rate of$1,365.00 per acre (Sanitary Sewer Availability Fee). Based upon the legal description on
Sheet C 1.0, the following Availability Fees would apply:
Water - 7.298 Acres @ $1,010.00/ Acre = $ 7,371.00
Sanitary Sewers -7.298 Acres @ $1~365.00(Acre = $ 9~962.00
Total 7.298 Acres @ $2,375.00/Acre = $17,333.00
'Vater and Sanitary Se,ver Connection Fees are currently $1,310.00 and $795.00 per EDU
respectively. Connection Fees are paid \vhen the infrastructure has been completed, satisfactory
test results obtained and the development has been released for building permits. Based on
information on the drawings, the following are tentative Connection Fees for this project:
Office Building -
30,000 ft.2 @ 0.5 EDUs/1000 ft.2 = 15.0 EDUs @
Water - 15.0 EDUs @ $1,310.00 Water Connection Fee/EDU = $19,650.00
Sanitary Sewers - 15.0 ED Us (if) $ 795.00 Sanitary Se\ver Connection Fee/EDU = $11~925.00
Total 15.0 EDUs @ $2,105.00 $31,575.00
Townhomes -
38 Total Units @ 87.0 gallons/day/unit = 3,306 gallons/day + 300 gallons/day/EDU = 11.02 EDUs
Water - 11.02 EDUs @ $1,310.00 Water Connection Fee/EDU = $14,436.00
Sanitary Sewers - 11.02 ED Us @ $ 795.00 Sanitary Sewer Connection Fee/EDU = $ 8~761.00
Total 11.02 EDUs @ $2,105.00 $23,197.00
. If an irrigation systenl, swim nl ing pool or clubhouse is planned for this development,
additional Water and Sanitary Sewer Connection Fees may be assessed based upon the
reconlnlendation of the Director of Carnlel Utilities.
PRELIMINARY DEVELOPMENT PLAN COMMENTS
12. Please make subsequent submittals on 24" x 36" plan sheets.
13. Concrete sidewalks in dedicated right of way are required to be 5'0" wide. The asphalt path width
must conform to current City of Carmel standards. We defer to the Department of Community
Services for this determination. -
14. Utility Easements will be required for water mains and sanitary sewers, particularly in the
townhome area, which is served by private streets.
15. The Department understands that Pro- Med Lane is a public street.
16. Is a total of three curb cuts being requested?
17. The Department suggests that the intersection be reconfigured in accordance with the attached
sketch. This more or less entails removal of the "bulb" and aligning the intersection roadways and
access drives to be perpendicular. See attached sketch and call to discuss.
18. Please provide drainage calculations for the construction drawing submittal.
19. The City recommends that all private streets be constructed to City standards to facilitate future
dedication. These standards include:
· Sub-surface drain under the curbing on each side of the roadway meeting the
. Department's standard detail.
· The plan should accommodate a future 50-foot right-of-way to include the street and any
sidewalks and the pavement width should be a minimum of 30 feet.
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. The pavement face curb-to- face curb width should be 40-feet for parking on both sides
or 32-feet for parking on one side only.
. Please continue curb and gutter to the limits of the on-street parking spaces at
intersections. This would require locating the curb and gutter out 8-feet (or as required) at
each intersection.
. Locate any sanitary or storm manholes (except inlets) and valve boxes outside of street
pavement, sidewalks or curbing and add a note to this effect.
. Installation of water mains, water service laterals, sanitary mains and sanitary service
laterals under private streets conform with the requirements outlined in Item No.: 18 of
this comment letter.
. The sidewalk and curbing are installed to the Department's standard details.
· Installation of storm sewers under private streets conform with the requirements outlined
in Item No.: 21 of this comment letter.
· The pavement be installed with a normal crown with inlets on each side. In most cases,
the storm piping is already in place for the installation of a curb inlet or would require a
short extension of the proposed piping.
20. Any future detailed design efforts in the development of the construction plans and the
construction plans themselves as it relates to plan content, shall conform to the following: The
Department requests that any general or plan notes, details, or specifications be revised or added to
appropriate sheets to accommodate the following requirement for installation within existing and
proposed City right-of-way: "Bedding, haunching and initial backfill materials, placement and
compaction for water mains, water service laterals, sanitary mains and sanitary service laterals
shall be in accordance with the standard practice of the utility that has jurisdiction over the
installation. Final backfill for water nlains, water service laterals, sanitary mains and sanitary
service laterals under and within 5-feet of pavement (including sidewalks) shall be B-Borrow for
Structure Backfill meeting the material requirements of the INDOT and shall be compacted in 6-
inch maximum lifts to not less than 95% Standard Proctor Density for the entire depth of the
material placed. The backfill for the top 6-inches of the excavation below the start of the aggregate
subbase of the pavement shall be No. 53 Stone meeting the material requirements of the INDOT
and shall be compacted to not less than 95% Standard Proctor Density. If the standard practice of
the utility that has jurisdiction over the installation has a more stringent final backfill requirement,
the more stringent requirement shall govern." and that these installations conform with the
following minimum cover requirements: "For installation of Storm Mains, Water Mains, Sanitary
Mains, Water Service Laterals, Sanitary Service Laterals under City streets, regardless of the
jurisdiction of the utility, the minimum cover from the top of the installed pavement to the top of
the installed pipe shall be the paven1ent section thickness (all bituminous and aggregate material
above the subgrade) plus 1-0". If the standard practice of the utility that has jurisdiction over the
installation has a more stringent cover requirement, the more stringent requirement shall govern."
21. Any future detailed design efforts in the development of the construction plans and the
construction plans themselves as it relates to plan content, shall conform to the following: The
Department requests that any general or plan notes, details, or specifications be revised or added to
appropriate sheets to accommodate the following requirement for installation within existing and
proposed City right-of-way. The Department assumes that the storm system will be a private
system, but recommends that the entire storm system be constructed to meet the following
requirements to facilitate future acceptance by the City: "Bedding, haunching, and initial backfill
for all RCP installations shall be B-Borrow for Structure Backfill meeting the material
requirements of the INDOT. Bedding shall be placed in the trench bottom such that after the pipe
is installed to grade and line, there remains a 4-inch minimum depth of material below the pipe
barrel and a minimum of 3-inches below the bell. For pipe sizes 66-inches and larger, the
minimum depth of material below the pipe barrel shall be 6-inches. Bedding shall be placed to be
uniform as possible, but shall be loosely placed uncompacted material under the middle third of
the pipe prior to placement of the pipe. Haunching and initial backfill shall be compacted in 8-inch
maximum lifts to not less than 90% Standard Proctor Density for the entire depth of the material
placed. The backfill shall be brought up evenly on both sides of the pipe for the full length of the
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NATURAL RESOURCES
PLAN REVIEW AND COMMENT
Hamilton County Soil and Water Conservation District
1108 South 9th Street, Noblesville IN 46060
Ph- 317-773-1432 or Email at .ohn-south
Project Name-
Jackson Square Preliminary Plan
Location-
Sec. 25 T-18N R-3E
Acreage- 7.3 ac
Owner/Developer- Justice Home Builders
1398 N. Shadeland Avenue
Indianapolis, IN 46219
Engineer- Mr. Richard Kelly
EMH&T Engineers
6994 Hillsdale Court
Indianapolis, IN 46250
Plan Review Date: March 23, 2005
Soils Information:
HeF Hennepin loam, 18 to 50 percent
This is a well drained soil with a water table at a depth greater than 40 inches. This soil is located on steep breaks
along till plains; slopes are 18 to 50 percent. The native vegetation is hardwood forest. The surface layer is loam
and has moderately low to moderate organic matter content (1.0 to 4.0 percent). Permeability is slow (.06 to 0.2
in/hr) in the most restrictive layer above 60 inches. Available water capacity is low (3.2 inches in the upper 60
inches). The pH of the surface layer in non-limed areas is 6.1 to 8.4. Droughtiness and water erosion are
management concerns for crop production. This soil is designated highly erodible (class 1) in the Highly Erodible
Land (HEL) classification system.
MmB2 Miami silt loam, 2 to 6 percent slopes, eroded
This is a moderately well drained soil with a seasonal high water table at 2.0 to 3.5 ft. This soil
is located on rises on till plains; slopes are 2 to 6 percent. The native vegetation is hardwood
forest. The surface layer is silt loam and has moderately low organic matter content (1.0 to 2.0
percent). Permeability is very slow (< 0.06 in/hr) in the most restrictive layer above 60 inches.
Available water capacity is moderate (6.1 inches in the upper 60 inches). The pH of the surface
layer in non-limed areas is 5.1 to 6.5. Droughtiness and water erosion are management concerns
for crop production. This soil is designated potentially highly erodible (class 2) in the Highly
Erodible Land (HEL) classification system.
MoC3 Miami clay loam, 6 to 12 percent slopes, severely eroded
This is a moderately well drained soil with a seasonal high water table at 2.0 to 3.5 ft. This soil
is located on sideslopes on till plains; slopes are 6 to 12 percent. The native vegetation is
hardwood forest. The surface layer is clay loam and has low organic matter content (0.5 to 1.0
percent). Permeability is very slow (< 0.06 in/hr) in the most restrictive layer above 60 inches.
Available water capacity is low (4.5 inches in the upper 60 inches). The pH of the surface layer
in non-limed areas is 5.1 to 6.5. Droughtiness and water erosion are management concerns for
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