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HomeMy WebLinkAboutCorrespondence 186-00Coots Henke:.heelr ATTORNEKSAT -LAW P.0 E. DAVIS COOTS* STEVEN; H. HENKE JAMES K. WHEELER *• T. JAY CURES JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* - 'MATTHEW L. HINKLE SENGHOR A. MANNS :J. KATHRYN.JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689- 317- 844 -4693 FAX: 317- 573 -5385 Jon Dobosiewicz Department of Community Services One Civil Square Carmel, IN 46032 ' RE: CH Land LLC Our File No.: 13664 Dear Jon: November 8, 2001 RECEIVED NOV 13 2001 DOCS 1 The Board of Public Works at its meeting: held November 7, 2001 approved the additional. fifteen (15) feet of right -of -way dedication adjacent to the CH Land parcel and accepted the Deed of Public Right' of -Way fulfilling that commitment. EDC :wlt cc: -Craig Kaiser Bob Lunsford Very truly yours, CO , HENKE & WHEELER, P.C, E. Davis Coots City of Carmel VIA FAX: 573 -5385 Original by Mail November 1, 2001 Mr. Dave Coots Coots Henke & Wheeler 255 East Carmel Drive Carmel, IN 46032 RE: CMC (Z-363 -01) and CH Land (Z- 364 -01) rezone petitions Dear Mr. Coots: This letter is in regard to the above referenced rezones and current applications filed for the subject parcels. The Carmel City Council approved the rezones for these parcels subject to several conditions. They are as follows: 1. Dedication of right -of -way pursuant to the thoroughfare plan. Along Meridian Corners Boulevard there exists a 90 -foot wide right -of -way. The Ordinance requires a 120 -foot wide right -of -way. The rezone was approved subject to the dedication of an additional 15 feet of right -of -way along the full extent of the DePauw parent tract and the CH Land tract as identified in the Thoroughfare Plan. In addition, additional right -of -way is to be dedicated on the site along 131St Street when the applicant submits a Development Plan Application for that site. A legal description as well as a general survey of the area to be dedicated is required. 2. Commitment to file ADLS for CH Land Property 3. Construction of entrance onto Meridian Corners Boulevard Commitment to construct the improvements as proposed subject to final approval by the City Engineer. However, we do hot have a signed copy of the covenant. A recorded copy of this covenant should be presented in commitment form by the applicant prior to action on the rezone by the City Council. 4. Execution of the document prepared by John Molitor (see 5th attachment) This document concerns the reservation of the real estate described under the application filed under Docket Number 188 -00 Z (the area of land required to be reserved for Pending State Highway Improvements). The fourth attachment to this letter is from the attorney representing DePauw and is the basis for the drafting of the commitment. It is the understanding of the Department that this document is a work in progress. A recorded copy of this document, once completed, should be presented by the applicant prior to action on the rezone by the City Council. The Department of Community Services has not received documentation from the applicant(s) that the following has been completed: 1. The dedication of Right -of -way along Meridian Corners Boulevard (CH Land parcel and DePauw Parcel). A legal description and general survey of this right -of -way is to be delivered to the Carmel City Engineer for review prior to dedication. We will allow the dedication of the 1315' Street right -of -way to be dedicated as part of the plat that has been submitted for the CMC Tract. ONE CIVIC SQUARE Page 1 CARMEL, INDIANA 46032 317/571 -2417 • 0 2. The execution of a reservation of real estate for the DePauw Parcel. Once these items are complete the Department will recommend that the Plan Commission act on pending petitions on the associated parcels. These include Docket No. 188 -00 Z DePauw Rezone, the DP /ADLS application filed for the CMC Tract, and the Primary Plat application filed for the CMC Tract. If you have any questions please do not hesitate to call. Sincerely, a Jon C. Dobosiewicz Planning Administrator C: Carmel/Clay Plan Commission Special Studies Committee John Molitor, Esq. Kate Weese, Carmel City Engineer File: 186 -00 Z, 187 -00 Z, 188 -00 Z chland_CMC 103001.rtf ONE CIVIC SQUARE Page 2 CARMEL, INDIANA 46032 317/571 -2417 tlD- 41 —C11 11 • 1L rm,nmLG ' JJL\ az wL;.LVLL Eci 4cH�ILE. 1 a00K X'ELCH I .VICy,OMAt Cammannav t•IAICNAY% A•a 1.Aw 1 7AP.LLSKEA 1933 4AWI)(:A Ai Cflm:41utri, 1 )ILAING tITE 1100 NoRTN MERIDIAN STREET 1 DIANAPOUS. INDIANA :04•nlu ( •( MII,C,176634.7)98 1 MAIL mc'(t mchsidsw..cem 1 )(s: Ail) W. burrs EY I +NtEL N. LIYRON 1 1NIXSLPK L. SECER ICt+Al. L. EC):ERLE :IAN W. WELCH j ANI)RGw »COWMAN J NI1TL'R MILLER 1 )nr;RT L. TACC:ART 5 017 R. )6ERY B..Swiri j ?EIt0YT. Brant'I'i II).tAAC �, KA /S:01, J . SWAM M. BRAa4AN ( MES 1. M.cGadai4 S h1•EN L. CRACRAFT ti ARK J. ROMANIUK 0 EPHAN L l IODCE 3 N KEPLEY KEEPER 5 EVEN D. 11nRDIN 5 E A. BEESLEY fVrtlrw 41. P:ttttr. 1 cNItE S. PERRY ;N,FER K. TttoM ON C y1D T. Mt :GNP:MY F I A. nat.l: J. (iv T.L. Ktlruu; e tD R.MAlp C IRIDTOPI IER M. YORK b LEY BEKTOU CREVEL NC E AOLEY D. HASLER C 'COUNSEL V =As( F. WELC.K 3 1aN 1. Ili/AIM IAw,'a, .� ANSI/ILL, SITI, it:N P LI111' A.'ll:atcY P to R. BLACK. •J :MN 5. LCKAPPEL . L ;LIE VAN Ni:rt'A Riot G .ACID JOAN MEYER II rA ). BALDwrN Y/ ANIMIU', w IN YOnw• A C:••M:tnu rocks IN 11 )UNAVL)I,1A ANI9Ay9('{t June 21, 2001 John Molitor, Esq. Molitor & Grisham, P.A. 11711 North Meridian Street, Suite 200 Carmel, IN 46032 Ai! —J1 1 UJ'TG JLJ Via Facsimile (31 7) 843 -5514 Re: Carmel/Clay,Plan Commission - DePauw Rezoning Petitions - Docket Nos. 186 -OOZ; 187 -OOZ; and 188 -00Z Dear Mr. Molitor: This will confirm my voice snail message to you of June 20 in which I informed you that DePauw University is agreeable to the proposal which you advanced at our meeting of April 27 to resolve the above - referenced rezoning petitions. As DePauw understands your proposal, DePauw would agree to reserve, for a period of up to six (6) years, the approximately 10.02 acres ofproperty covered by Rezoning Docket No. 188 -OOZ (the "Reserved Property"). DePauw understands that this reservation would prohibit any development of the Reserved Property during the six (6) year period, would be without compensation to DePauw and is necessary for the planning of future road development by the City of Carmel and/or the State of Indiana. It is also DePauw's understanding that this reservation will not become effective until the following events take place: (i) the properties under contract with CMC Properties and which are currently pending as Rezoning Docket Nos. 186 -OOZ and 187 -00Z (the "Development Properties ") are rezoned to the B -5 business district; (ii) the Reserved Property is rezoned to the B -5 business district; and (iii) the Development Properties would receive ADLS approval and all other approvals necessary to permit the intended development of the Development Properties by CMC Properties and to allow the closing of the sale from DePauw to CMC of the Development Properties. 00 —G.y. V 1 1 1 • 1 V 1'1 V a l r1 ✓L Mc!iALE WELC & • John Molitor, Esq. June 21, 2001 Page 2 As I also indicated in my voice rnail message, please forward the documentation which memorializes this agreement to E. Davis Coots, DePauw's zoning counsel, forreview and comment. Mr.. Coots has full authority from DePauw to negotiate and enter into any agreement on DePauw's behalf with respect to the above- referenced reservation_ Thank you for your attention to this matter. PIease give me a call if you have any questions. Very truly yours, William M. Braman WMB/bb cc: E. Davis Coots, Esq_ (via facsimile) Greg Land, Esq_ (via facsimile) Mr. Craig Kaiser (via facsimile) Mr. Richard Speller (via facsimile) J. Peter Miller, Esq. 256808 CI0- 2.1 -1.V 1 11.• 1L rlV nHLr. trVVit u wa;,LVas MCHALE COOK & WELCH PROFESSIONAL CORPORATION • CHAMBER OP COMMERCE BUILDING SUITE 1100 320 NORTH MERIDIAN STREET INDIANAPOLIS, INDIANA 46204 -1781 TELEPHONE FACSIMILE: E -MAIL (317) 634 -7588 (317) 634 -7598 mcw@mchalclaw.com JASPER OFFICE McHALE COOK at WELCH AND CHAPPELL 212 \!EST SIXTH STREET JASPER, INDIANA 47546 FACSIMILE TRANSMITTAL COVER SHEET TO: John Molitor, Esq. FROM: William M. Braman DATE: June 21, 2001 FACSIMILE NO. (317) 843 -5514 TOTAL NUMBER OF PAGES SENT T (including this sheet): (3 ) CLIENT: 1050 MATTER: 12 REMARKS: X Original will NOT follow by mail PLEASE NOTIFY US IMMEDIATELY IF NOT PROPERLY RECEIVED BY CALLING: (317) 634-7588 FAX NUMBER (317) 634 -2925 THANK YOU, Janet Smock CONFIDENTIALITY NOTICE: The documents accompanying this facsimile transmission contain confidential information_ The information is intended only for the use of she individual(s) or entity named above_ If you are not the intended recipient, you are notified that any disclosure. copying, distribution or the taking of any action in reliance on the contents of this facsimiled information is not permissible_ If you have received this facsimile in error, please immediately notify us by telephone at the number above to arrange for return of the original documents_ Thank you. JUN -18 -2001. MON 10:55 AM COOTS HENKE & WHEELER FAX NO, 3141 5385 COOTS, HENKE & WHEELER Attorneys at Law 255 East Carmel Drive Carmel, Indiana 46032 -2634 Telephone: 317 -844 -4693 Facsimile: 317 -573 -5385 FACSIMILE TRANSMITTAL COVER SHEET DATE: June 18, 2001 P, 01/06 Pages, Including Cover Sheet TO: Jon Dobosiewicz COMPANY: Department of Community Services FAX NO. 571 -2426 FROM: E. Davis Coots SUBJECT: CH Land COMMENTS: The attached are my proposed ordinance and covenants attendant the rezone application to be presented to the Plan Commission and the City Council. Please give me a call if you have any questions or comments. Thank you. Will be sent via Regular Mail HARD COPY : Will be sent via Overnight Courier X Facsimile Communication Only CONFIDENTIALITY NOTICE: This cover sheet and the materials enclosed with this transmission are the confidential property of the sender, and the materials are privileged communications intended solely for the receipt, use, benefit, and information of the intended recipient indicated above. If you are not the intended recipient, you are hereby notified that any review, disclosure, distribution, or the taking of any other action in reliance upon the contents of this transmission is strictly prohibited and may result in legal liability on your part. If you have received this transmission in error, please notify the sender at the above telephone number and arrange for return of the original transmission, without retaining a copy, to the sender at the address above, at sender's expense. OUR FILE NO.: 13664 m:\wIAFAXCOVIRNdodosja.fax JUN -18 -2001 MON 10:56 AM C00TS HENKE & WHEELER FAX NO. 31435385 ORDINANCE NO. P. 02/06 AN ORDINANCE AMENDING ZONING ORDINANCE NO. Z -160, AS AMENDED AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. Z -160, AS AMENDED, OF THE CITY OF CARMEL, AND CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA ( "Zoning Ordinance ") BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT THE ZONING ORDINANCE AS AMENDED, IS HEREBY AMENDED AS FOLLOWS: That the Official Zoning Map accompanying and made a part of the Zoning Ordinance is hereby changed to designate the following described real estate from the S -2 Residence District Classification to the B -5 Business District Classification: See attached legal description. This Ordinance shall be in full force and effect from and after its passage. PASSED by the Common Council of the City of Carmel, Indiana this day of 2001. COMMON COUNCIL OF THE CITY OF CARMEL Robert Battreall Ronald E. Carter Kevin Kirby John R. Koven • JUN -18 -2001 MON 10:56 AM C00TS HENKE & WHEELER FAX NO. 31435385 Norman L. Rundle Luci Snyder Wayne A. Wilson Presiding Officer ATTEST: Diana L. Cordray, 'AMC, Clerk- Treasurer The foregoing ordinance is approved by me, Mayor of the City of Carmel, Indiana this , 2001. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer day of P. 03/06 This instrument was prepared by E. Davis Coots, COOTS HENKE & WHEELER, P.C., 255 E. Carmel Drive, Carmel, IN 46032 -2689 R:1Edcichh«dc.wpd 13GG4 ' JUN -18 -2001 MON 10:56 AM COOTS HENKE & WHEELER • FAX Na 314735385 P. 04/06 EXHIBIT A - LEGAL DESCRIPTION PARCEL 2 ON SURVEY BY THE SCHNEIDER CORPORATION, LAST REVISED APRIL 17, 2000 PROJECT NO. 907.005 PA PART OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 18 NORTH, RANGE 3 EAST, SECOND PRINCIPAL MERIDIAN, CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE CN AN ASSUMED BEARING OF SOUTH 88 DEGREES 29 MINUTES 07 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 1368.92 FEET; THENCE NORTH 01 DEGREES 30 MINUTES 53 SECONDS WEST A DISTANCE OF 45.00 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF THE PARKS AT SPRINGMILL RECORDED IN PLAT CABINET 2, SLIDE 341 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, IND =ANA, SAID POINT ALSO BEING A POINT ON A NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3036.83 FEET; THE RADIUS POINT OF WHICH BEARS SOUTH 75 DEGREES 38 MINUTES 30 SECONDS EAST A DISTANCE OF 3036.83 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT AND ALONG THE EAST LINE OF SAID PLAT AND ALONG THE SOUTHEASTERLY LINE OF LAND DESCRIBED IN INSTRUMENT NUMBER 94- 13389, CONCENTRIC WITH THE NORTHWESTERLY RIGHT -OF -WAY LINE OF U. S. HIGHWAY 31 (NORTH MERIDIAN STREET) I.S.:.C. PROJECT S.T.F. 222(9) 1973, AN ARC DISTANCE OF 413.62 FEET TO THE NORTHEAST CORNER OF SAID LOT 3 AND THE POINT OF BEGI INNING SAID POINT WHICH BEARS NORTH 67 DEGREES 50 MINUTES 13 SECONDS WEST FROM SAID RADIUS POINT; THENCE CONTINUING NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 559.87 FEET TO A POINT WHICH BEARS NORTH 57 DEGREES 16 MINUTES 30 SECONDS WEST FROM SAID RADIUS POINT; THENCE NORTH 48 DEGREES 11 MINUTES 06 SECONDS EAST A DISTANCE OF 1.73 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF MERIDIAN CORNERS BOULEVARD AS PER PLAT RECORDED IN PLAT CABINET 1, SLIDE 488 IN SAID RECORDERS OFFICE SAID POINT ALSO BEING A POINT CN A NON - TANGENT CURVE HAVING A RADIUS OF 545.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 41 DEGREES 48 MINUTES 54 SECONDS WEST (THE FOLLOWING FOUR COURSES ARE ALONG THE SOUTHEASTERLY RIGHT OF WAY CF MERIDIAN CORNERS BOULEVARD) ; (1) THENCE SOUTHWESTERLY ?LONG SAID CURVE AN ARC DISTANCE OF 170.44 FEET TO A POINT WHICH SEARS SOUTH 23 DEGREES 53 MINUTES 46 SECONDS EAST FROM SAID RADIUS POINT; (2) THENCE SOUTH 66 DEGREES 06 ?MINUTES 14 SECONDS WEST A DISTANCE OF 199.95 FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A RADIUS OF 455.00 JUN -18 -2001 MON 10:57 AM COOTS HENKE & WHEELER • EXHIBIT A - CONT'D FAX NO, 317735385 P. 05/06 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 23 DEGREES 53 MINUTES 46 SECONDS EAST; (3) THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 195.39 FEET TO A POINT WHICH BEARS NORTH 48 DEGREES 30 MINUTES 00 SECONDS WEST FROM SAID RADIUS POINT; (4) THENCE SOUTH 41 DEGREES 30 MINUTES 00 SECONDS WEST A DISTANCE OF 3.99 FEET TO THE NORTHWEST CORNER OF SAID LOT 3 IN THE PARKS AT SPRINGMILL PLAT; THENCE SOUTH 47 DEGREES 29 MINUTES 40 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 3 A DISTANCE OF 305.97 FEET TO THE POINT OF BEGINNING, CONTAINING 1.87 ACRES, MORE OR LESS. JUN -18 -2001 MON 10:57 AM COOTS HENKE & WHEELER FAX NO. 3135385 P. 06/06 COVENANT ATTENDANT REZONING ORDINANCE CH Land LLC covenants with the City of Carmel and the Carmel Clay Plan Commission that prior to improvements being constructed on the real estate described in Exhibit A hereto, Plan Commission approval of the architectural design, lighting, and signing the U.S. Highway 31 Overlay Zone (Carmel Zoning Ordianance 23B attached g g pursuant to and adhered to by covenator. 01 et seq) shall be obtained This covenant is conditioned upon passage by the Common Council of the City of Carmel of the rezone application pending changing the zone classification of the descri property from the S -2 residential district classification to the B -5 district classif bed cat><on. IN WITNESS whereof the foregoing covenant has been executed this 2001. CH LAND LLC By: STATE OF INDIANA ) COUNTY OF HAMILTON ) day of SUBSCRIBED AND SWORN to before me, Notary Public in and for said County and day this y .,� ay of June, 2001. My commission expires: My County of Residence: R:113DClchlandd.wpd 13664 Notary Public Printed `Coots Henke. heeler E. DAVIS Coors* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CuRTs JAMES D. CRUM JEFFREY S. Z!PES ELILABETI I -I. VAN TASSEL JANICE R. 1V•IANDLA* MATrHEW L. HINKLE SENGHOR A. N'IANNs J. KATHRYN JENKINS DANIEL E. COOTS . *CERTIFIED MEDIA'T'OR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 -844 -4693. FAX: 317- 573 -5385 Jon Dobosiewicz Departmentof Community Services One Civil. Square Carmel, IN 46032.. RE: . CMC Properties LLC Our File No.: 13291 Dear Jon :" This letter is . to confirm the action of the-Special Study Committee of the Plan Commission approving the rezone application filed on behalf of CH Land, LLC and CMC Properties, LLC referring those two (2) applications to the Plan Commission with a positive recommendation. The approval by the committee was conditioned upon the development including the entrance to the property. from Meridian Corners-Boulevard as depicted in the drawing prepared by Kate Weiss, a copy attached to ,this letter.. We would ask that this matter be presented to the full Plan Commission for vote on the rezone applications at the June 19, 2001 meeting. EDC:wlt Enclosure cc: Leo Diercknian Craig Kaiser Greg Land, Very truly yours, COOTS, HENKE•& WHEELER, P:C, E. Davis Coots Molitor, Grisham & Hester, P.A. Attorneys Not In Partnership John R.. Molitor Debra M. Grisham* Judy G. Hester* 'Also licensed in Illinois May 11, 2001 William M. Branam, Esq. McHALE COOK & WELCH Suite 1100 320 North Meridian Street Indianapolis, IN 46204 Re: Carmel Clay Plan Commission — DePauw Rezoning Petitions Dear Mr. Branam: This is in response to your letter of May 1. 2001, in which you restated the common goals of DePauw and the Department of Community Services, representing the Plan Commission. While I would tend to agree that you have accurately stated the two common goals, I was taken aback by the proposal that you set forth on behalf of DePauw, in particular item 3 under which the City would need to agree to purchase 10.02 acres (the "Reserved Property ") from DePauw for $2,004,000. Nevertheless, I have duly reviewed your proposal with the Department's staff. Pursuant to the policies and purposes of the U.S. Highway 31 Overlay Zone, the Department would propose only that DePauw reserve the Reserved Property for a maximum of six years from the time of the proposed rezone. This reservation would be purely to accommodate the federally mandated timetable of the Indiana Department of Transportation (INDOT), whose consultant (Parsons Transportation Group) is currently preparing an Environmental Impact Statement (EIS) concerning possible future improvements to U.S. 31 in Carmel and Westfield. The City's Thoroughfare Plan, which while not binding must be given due consideration by INDOT's consultant, calls for a highway interchange to be constructed at 131st Street and U.S. 31 —and this proposed interchange will in all likelihood necessitate that all of the Reserved Property be eventually taken by INDOT. 11711 North Meridian Streets Suite 200 ♦ Carmel, IN 46032 (317) 843 -5511 s Fax (317) 843 -5514 johnrmalitor @prodigy.net o debragrishaml@prodigy.net ♦ hester4586 @aol.com 0 'd tbISS -£t78 Li£ aa�saH wQLSL.A9 dEZ =t,O IO -II -I N • • William M Branam, Esq. May 11, 2001 Page 2 01'2 Thus, the Department would not propose that the Reserved Property be purchased by the City, nor would it propose that the Reserved Property must be dedicated to the City or to INDOT. The Department would propose only that this land be reserved for a maximum of six years, so that it will still be available at such time as INDOT may be in a position to purchase it from the owner. I might point out that, if such a reservation would work on a hardship on the owner, there are remedies available to it under 23 CFR 710, Subpart E- Property Acquisition Alternatives (see excerpts, enclosed). In addition, I would point out that, in any event, the Department and the Plan Commission have neither the authority nor the funds available to commit the City to make a purchase of the sort that you propose. Only the Common Council of the City would have the authority to set aside funds for such a purpose. Perhaps, when these rezone petitions are pending before the Council, your client can suggest such an arrangement to that body. Please let me know if your client would like further clarification of the Department's position in regard to these petitions. Sincerely, John R. Molitor Counsel to the Carmel Clay Plan Commission cc: Mike Hollibaugh, Director, DOCS Douglas Haney, City Attorney Sue Beesley, Counsel to the Carmel Common Council Enclosure £O'd tt,ISS -£tb8 LIE ..tal-sa{-t V ureysi.,i0 dZZ =17O ZO -ii -mew • • Excerpted from 23 CFR, Subpart E- Property Acquisition Alternatives: Sec. 710.501 Early acquisition. (a) Real property acquisition. The State may initiate acquisition of real property at any time it has the legal authority to do so based on program or project considerations. The State may undertake early acquisition for corridor preservation, access management, or other purposes. (b) Eligible costs. Acquisition costs incurred by a State agency prior to executing a project agreement with the FHWA are not eligible for Federal -aid reimbursement. However, such costs may become eligible for use as a credit towards the State's share of a Federal -aid project if the following conditions are met: (1) The property was lawfully obtained by the State; (2) The property was not land described in 23 U.S.C. 138; (3) The property was acquired in accordance with the provisions of 49 CFR part 24; (4) The State complied with the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d- 2000d -4); (5) The State determined and the FHWA concurs that the action taken [[Page 343]] did not influence the environmental assessment for the project, including: (i) The decision on need to construct the project; (ii) The consideration of alternatives; and (iii) The selection of the design or location; and (6) The property will be incorporated into a Federal -aid project. (7) The original project agreement covering the project was executed on or after June 9, 1998. (c) Reimbursement. In addition to meeting all provisions in paragraph (b) of this section, the FHWA approval for reimbursement for early acquisition costs, including costs associated with displacement of owners or tenants, requires the STD to demonstrate that: (1) Prior to acquisition, the STD made the certifications and determinations required by 23 U.S.C. 108(c)(2)(C) and (D); and (2) The STD obtained concurrence from the Environmental Protection Agency in the findings made under paragraph (b)(5) of this section regarding the NEPA process. Sec. 710.503 Protective buying and hardship acquisition. (a) General conditions. Prior to the STD obtaining final environmental approval, the STD may request FHWA agreement to provide reimbursement for advance acquisition of a particular parcel or a limited number of parcels, to prevent imminent development and increased costs on the preferred location (Protective Buying), or to alleviate hardship to a property owner or owners on the preferred location (Hardship Acquisition), provided the following conditions are met: (1) The project is included in the currently approved STIP; (2) The STD has complied with applicable public involvement requirements in 23 CFR parts 450 and 771; (3) A determination has been completed for any property subject to the provisions of 23 U.S.C. 138; and (4) Procedures of the Advisory Council on Historic Preservation are completed for properties subject to 16 U.S.C. 470(0 (historic properties). (b) Protective buying. The STD must clearly demonstrate that development of the property is imminent and such development would limit future transportation choices. A significant increase in cost may be considered as an element justifying a protective purchase. (c) Hardship acquisitions. The STD must accept and concur in a request for a hardship acquisition based on a property owner's written submission that: (1) Supports the hardship acquisition by providing justification, on the basis of health, safety or financial reasons, that remaining in the property poses an undue hardship compared to others; and (2) Documents an inability to sell the property because of the impending project, at fair market value, within a time period that is typical for properties not impacted by the impending project. (d) Environmental decisions. Acquisition of property under this section shall not influence the environmental assessment of a project, including the decision relative to the need to construct the project or the selection of a specific location. t7O -d VISS -Et78 LIE - Aal-saH V idy4s! -,4 `.,t014- LoW dZZ =t'O TO- ti -,eW JOHN R. MOLITOR ATTORNEY AT LAW 11711 NORTH MERIDIAN STREET CARMEL, INDIANA 46032 TELEPHONE: 317- 843 -5511 OR 317 -506 TELEFAX: 317 - 843 -5514 FACSIMILE TRANSMITTAL SHEET TO: Mike Hollibaugh COMPANY: City of Carmel FAX NUMBER: 317 - 571 -2426 FROM: John Molitor DATE: May 11, 2001 TOTAL NO. OF PAGES INCLUDING COVER: 4 PHONE NUMBER: 317 -571 -2417 SENDER'S REFERENCE NUMBER: RE: CC: DePauw Property Rezoning Petitions Doug Haney ❑ URGENT X FOR REVIEW ❑ PLEASE COMMENT PLEASE REPLY ❑ PLEASE RECYCLE NOTES /COMMENTS: Following, for your files, is a letter that I sent today to DePauw's attorney, with a copy also going to Sue Beesley at the same firm. CONFIDENTIALITY NOTICE: This Message Is For The Exclusive Use Of The Individual Or Entity To Which It Is Addressed And Is Confidential. If You Are Not The Addressee Or An Employee Or Agent Of The Addressee Responsible For Delivering It To The Addressee, Please Do Not Read, Use , Disclose, Copy Or Distribute This Message And Do Not Take Any Action In Reliance Upon It. If You Have Received This Message In Error, Please Notify Us Immediately By Telephone (Collect) To Arrange For Its Return. We Do Not Intend To Waive Any Attorney - Client Or Work Product Provided By The Transmission Of This Message. IO'd tISS -Et'8 LIE - Ao4saH V 1 eLls! -.40 `.,iogLLoW dIZ =tO Coots Henke heeler A7'I;ORNGISA7' LAW ;PC' E. DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. Cools *CERTIFIED MEDIATOR - 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 -844 -4693 FAX: 317- 573 -5385 May 2, 2001 Mr. Laurence Lillig, Jr. Department of Community Services City of Carmel One Civic Square - Carmel, IN 46032 RE: ' CMC Properties, CH Land and DePauw University Our File No. 13291,13664 and 13683 Dear Laurence: This letter is to confirm. the Special Study Committee's action at its meeting held May 1, 2001 on the captioned applications, based upon the following conditions: 1. The - DePauw 10:2 acre tract (northern tract) is tabled until DePauw University and the City of Carmel are able to work out a stand still agreement reserving necessary property for future road- development, such .agreement to be completed promptly. 2. Review and approval by the Carmel City. Engineer-of the proposed Meridian Corners Boulevard intersection with . the entrance road to the CMC (approximate 9 acre) tract. 3. The filing and approval of a Development P lan and Architectural Design, Lighting, Landscaping and Signing Application to be filed on behalf of both the CMC tract and CH Land (1.8 acre) tract. Premised upon the foregoing, the Committee voted 5 to 1 to recommend approval of the Rezone Application of CMC and CH Land to the full Plan Commission. EDC:wlt cc: Greg Land Craig Kaiser Bill Braman Very truly yours, COOTS, HENKE & WHEELER E. Davis Coots 05 -01 -01 15:53 MCHALE COOK & WELCH VIcHALE :OOK VELCH IUMRONAL CDRIKIRATKIN 11 )RNI1Y$ AT LAW M'ARIASI II D 1934 HAMIITR OP COMMERCE yu ❑INCI )n1100 10 NORTH MERIDIAN STREET : IDIANAPOLIS, INDIANA - i204.17R1 ..7.634.7J8H I I(SIMILE )17.634 -7598 I MAIL m W(Qfll(hatImYlMl ww.11N IKIIcLwAmm I (rum) W. .IIVTTREY I AXIAL P. HrliON I ANIxf.Pl 11.. SIR ;AR 1 11.11A1.1. 1... k,C;KL'RLi! 1 1IAN W %ii, ii 1 ANI)K3'17 [+UWMAN J Pr'T'R MILLER 1 )PERT L. TA(1OART 1 :01T R. Lr15/. 1 : MERV 11. S/IPI.1• RliNNeTT �II.IIAMJ, KAZAN.J[, 1 �II.I.IAM M. SKAMAN ) MILS). MLGRATI TVI:N C. CR ACRAFT I ARK J, RVM■■Itjh 11PIIAN 1.. HC)11(iil ,J N KEPLEY KEEPER EVEN U. HARM 1 IE A. SEE.LEY t AllIIMW M. PRIC.A J NNIPIK PI PERRY ) NNIFER K. THOMPSON 1 WID T. MCGIMPSEY 1 11'3 N A. BICE ) T.L. KOENIG I IAD R. MM1RF1lt ( MAI Citritelt M. YAuK 1 'Lull. i+i:RI1$Ix C.[I'VtLINC; 1 IAl0.(IY 1), HA•t.I.R ( ° COUNSEL ILLIAM F. Wacl J HN 1. BRADSHAW.)R. 1 ANDREW STEFFEN 1 1ILLIP A. TERRY S .VI. K. BACK" J IINS, i•IIAPPi:il. 1. AMR VAN NArrn RIO( ( lA(:lA•JI:AN •L'TCIC 1 TA J. 8A11)WIN Al. • Al,.mlu• IN rnlwlw r CAI •IMMIA ,HC.e; IN 1 DIANAMui ANO JAAAPP.N • May 1, 2001 John Molitor, Esq. Molitor & Grisham, P.A. 11711 North Meridian Street, Sul Carmel, IN 46032 ID= 3176342925 P02/03 Via Facsimile (317) 843-5514 Re: Carmel /Clay Plan Commission - DePauw Rezoning Petitions - Docket Nos. 186 -00Z_; 187 -002; and 188 -OOZ Dear Mr. Molitor: It was a pleasure to meet with you, Jon Dobosiewicz, Greg Land and Craig Kaiser on Friday, April 27. That meeting, I believe, expressed the common goals of each of the participants with respect to each of the above - referenced rezoning petitions. Specifically, those goals are to (i) permit the immediate development of the properties under contract with CMC Properties and which are currently pending as Rezoning Docket Nos. 186 -002 and 187 -OOZ (the "Development Properties "); and (ii) reserve for a specified period of time the approximately 10.02 acres of property covered by Rezoning Docket No. 188 -OOZ (the "Reserved Property ") for future road development by the State of Indiana and/or the City of Carmel. To accomplish these goals, DePauw would propose the following: 1. The Reserved Property and the Development Properties would be rezoned to the 8-5 business district; 2. The Development. Properties would receive ADLS approval and all other approvals necessary to permit the intended development of the Development Properties by CMC Properties and to allow the closing of the sale to CMC of the Development Properties; 3. Upon satisfaction of items (1) and (2) and upon closing of the sale of the Development Properties to CMC, DePauw and the City of Carmel would enter into a purchase agreement whereby the City would agree to purchase the Reserved Property from DePauw. The purchase price for the Reserved Property would be $200,000 per acre. The City would give DePauw a note and purchase money first mortgage to secure the principal amount of the purchase price. The principal amount of the purchase price would not be due until a date six (6) years from the date of the sale of the Reserved Property to the City_ During this six (6) year period, the City would pay DePauw interest only on the principal balance on a monthly basis at an annual interest 05 -01 -01 15:53 MCHALE COOK & WELCH _�W McHALE COOK & WELCH • John Molitor, Esq. May 1, 2001 Page 2 ID =3176342925 • P03/03 rate of 10 %. In addition, no construction of improvements would be permitted on the Reserved Property during this six (6) year period. The City would be required to mow and maintain the Reserved Property. DePauw believes that this proposal will be beneficial to the City of Carmel, in that it will hold in reserve the Reserved Property so that the City will have it for future road uses and will allow the development of first -class office buildings on the Development Properties. Please let me have the City's response to this proposal at your earliest convenience. If I do not speak with you in the meantime, I will see you at the Special Study Committee meeting this evening. Thank you for your attention to this matter. Very truly yours, 4 teCafstaiL, William M. Braman WMB/bb cc: Mr. Jon C. Dobosiewicz (via facsimile) Greg Land, Esq. (via facsimile) Mr. Craig Kaiser (via facsimile) Mr. Richard Speller (via facsimile) J. Peter Miller, Esq. 253046 04/30/01 MON 08:30 FAX 3175876735 • April 29, 2001 TCE NATL ACCT SALES • The Parks at Springmill HOA P.O. Box 843 Carmel, IN 46082 Mr. Leo Dierckman Carmel / Clay Plan Commission Re: The Parks at Springmill HOA Meeting — DePauw Rezone Please accept this Ietter as a recap of our HOA meeting of April 23`d and thus reflecting the feelings of the majority of the homeowners that were in attendance at the aforementioned meeting. Mr. Greg Land of CMC Properties attended our meeting and presented his plans for the approximately 10 acres he desires to develop. After his presentation, which included both the layout of the plot, as well as renderings of the proposed building(s), a vote was taken to support Mr. Land's development of the property if the following concerns are addressed: Traffic: As the safety of our residents, especially our children, is of utmost importance, we propose the entrance be limited to 131" St. This will substantially reduce, if not eliminate traffic through our neighborhood as it allows easy access to both the north and the south from 126th and 131St. Landscaping: Approval was contingent upon Mr. Land's proposal that his company, at their expense, would provide a soil berm and landscaping to protect the homeowners whose property backs up to the development. We also desire that Mr. Land meets with these homeowners and accepts their input. We also as a neighborhood reserve the right to attend the ADLS hearings regarding this development. Elj 002 94/30/01 MON 08:30 FAX 3175876735 TCE NATL ACCT SALES a003 • An additional two votes were taken that evening regarding the other approximately 10- acre parcel of land as well as the approximately two -acre plot. In both votes the majority ruled against approval of rezoning for either property. In the case of the 2 acre sight, the main concern is the amount of traffic that two professional medical practice buildings would generate all through the day. The second, ten acre plot was also voted against rezoning due to the uncertainty of not knowing what is slated for that parcel of land. On behalf of the residents of The Parks at Springmill, we thank you for the opportunity to voice our concerns as well as provide input. Respectfully Submitted, 7)-)07-)1oµ- Meredith Marrs President Bruce Kettler Vice President (45— Cindy Stout Sec./Treasure oots Henke heeler February 12; 2001 E. DAVIS COOTS* - STEVEN:H. HENKE JAMES K. WHEELER* T. JAYCURTS Ramona_Hancock JA"I> S D. CRUM Administrative Assistant Plan Commission JEFFREY S. ZIPES One Civic Square ELIZABETH I. VAN TASSEL Carmel, IN 46032 JANIcE R. MANDLA* MATTHEW,L. HINKLE R SENGHGR A. MANNS - ate : CH Land LLC J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR Dear Ms. Hancock: Our File No.: 13664 - 255 East Carmel Drive - Carmel, Indiana 46032 -2689 317 - 8444693 FAX: 317- 573 -5385 In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary. of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131st Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be ,located outside of the U.S. 31 Overlay Zone and - copies of photographs showing the general architectural style for each .. building. E ach building will be occupied by a medical' professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC :wlt Enclosure cc: Craig Kaiser Department of Community Services Coots' ke heeler �lrroriV'4I0 alv;:lp E. DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM • JEFFREY S. ZIPES ELIZABETH I. VAN TASSEL JANICE R. iMA.NDLA* MATTHEW L. HINKLE SENGHOR A. M.ANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317-573-5385 February 12, 2001 Marilyn Anderson 3884 Shelborne Court Carmel, IN 46032 RE: CH Land LLC Our File No.: 13664 Dear Ms. Anderson: 4 ElEcoitly FEB 13 2001 %CS ' In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Comers Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131St Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services ATTORM I S A�rL�IIG:/'.G: E. DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 -814 1693 FAX: 317 - 573 -5385 February 12, 2001 Kent M. Broach 5023 St. Charles Place Carmel, IN 46033 RE: CH Land LLC Our File No.: 13664 Dear Mr. Broach: In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131st Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services Dols' Henke eeler `:= IlIOR,1 , c.4 /-LA W NC. E. DAVIS COOTS* STEVEN H. HENKE - JAMES K. WHEELER' T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH I. VAN TASSEL - JANICE R. iMANDLA` MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317- 844 -4693 FAX: 317 -573 -5385 February 12, 2001 David A. Cremeans 9830 Greentree Drive Carmel, IN 46032 RE: CH Land LLC Our File No.: 13664 Dear Mr. Cremeans: In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131' Street; I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services Coots ke heeler E..DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. NIANDLA* MATTHEW L. HLNKLE SENGHOR A. MANVS J. KATHRYN JENKINS DANIEL E. COOTS "CERTIFIED MEDIATOR 255 East Carmel Drive . Carmel, Indiana 46032 -2689 317 -841 4693 FAX: 317- 573 -5385 Leo Dierckman 12310 Windsor Drive Carmel, IN 46033 RE: CH Land LLC Our File No.: 13664 Dear Mr. Dierckman: February 12, 2001 In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 1315` Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services Hem Beeler TIOR \b}S ITL IW'P,.0 • E. DAVIS COOTS* STEVEN. H. HENKE JAMES K. WHEELER* .T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH I. VAIN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A MANNS J. KATHRYN JENKINS DANIEL E. Coors *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317- 573 -5385 February 12, 2001 (, Madeline Fitzgerald 4500 West 126th Street Zionsville, IN 46077 RE: CH Land LLC Our File No.: 13664 Dear Ms. Fitzgerald: 1' In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest comer of U.S. 31 and west 131St Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHE LER, P.C, ) E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services Coots Hem heeler ITTORNE}St1f.- LAIV :P.C: E. DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENCHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317- 573 -5385 February 12, 2001 Linda A. Flanders 14285 Oakbrook Court Carmel, IN 46033 RE: CH Land LLC Our File No.: 13664 Dear Ms. Flanders: In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131' Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services eeler t / TORA)`T } S1IT LAI °P C: E. DAVIS COOTS* STEVEN H. HENKE. JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES- ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317- 573 -5385 Wayne Haney 11620 Victoria Court Carmel, IN 46033 RE: CH Land LLC Our File No.: 13664 Dear Mr. Haney: February 12, 2001 In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Comers Boulevard immediately north of the daycare and church at,the northwest corner of U.S. 31 and west 131st Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services toots Henke eeler I[/0R1`C}SA/ L'iIN.P.0 E. DAMS COOTS STEVEN H. HENKE • JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317 -573 -5385 Ron Houck 315 West 107th Street Carmel, IN 46032 RE: CH Land LLC Our File No.: 13664 Dear Mr. Houck: February 12, 2001 In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131' Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services r»J Henke eeler A/IoR,vtl SAP.LEIIv f':G`: - E. DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER* T_ JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. M.ANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317-573-5385 E. Nicholas Kestner, III 2123 West 106th Street Carmel, IN 46032 RE: CH Land LLC Our File No.: 13664 Dear Mr. Kestner: February 12, 2001 In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131' Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services Henke heeler l77OR\'6I1 ITl HV PC;; E. DAVIS COOTS` STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 -844 -4693 . FAX: 317- 573 -5385 February 12, 2001 Dianna Knoll 1305 Smokey Row Lane Carmel, IN 46033 RE: CH Land LLC Our File No.: 13664 Dear Ms. Knoll: In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131st Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, C0,6 /1 z z1 l�s E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services A l :7'ORA'F! E. DIMS COOTS* . - STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317- 844 -4693 FAX: 317 -573 -5385 February 12, 2001 Norma Meighen 11015 Lakeview Drive Carmel, IN 46033 RE: CH Land LLC Our File No.: 13664 Dear Ms. Meighen: In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131' Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C. E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services Henke heeler A770? \'F1 S A7ZiIV Ps(' E. DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER' T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. iMANDLA' MATTHEW L. HNKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317-573-5385 Pat Rice 9659 Wild Cherry Lane Indianapolis, IN 46280 RE: CH Land LLC Our File No.: 13664 Dear Mr. Rice: February 12, 2001 In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131s` Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, ti E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services Henke heeler 1 / /0/?\L1S iTL ;1lV.1'':(, - E. DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH I. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED \IEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317- 573 -5385 February 12, 2001 John R. Sharpe, Sr. 5135 Oriole Drive Carmel, IN 46033 RE: CH Land LLC Our File No.: 13664 Dear Mr. Sharpe: In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Comers Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131' Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, 2 E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services Henke 'heeler IIIOR;)EI S'ATI. -I►G r':C E. DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CUR-FS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317-8444693 FAX: 317- 573 -5385 February 12, 2001 Paul L. Spranger Six Shadey Lane Carmel, IN 46032 RE: CH Land LLC Our File No.: 13664 Dear Mr. Spranger: In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131' Street, I. am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services 1l[OR\EIS 1!'!IIY!':C. E. DAVIS COOTS* - STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR - 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317- 573 -5385 February 12, 2001 Wayne A. Wilson 24 Wilson Drive Carmel, IN 46032 RE: CH Land LLC Our File No.: 13664 - Dear Mr. Wilson: In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131St Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, iScraae:1 E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services 'Af,Tl)RNE.T.V E. DAVIS COOTS"` STEVEN H. HENKE JAMES K. WHEELER' T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MANDLA` MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317-844-4693 FAX: 317- 573 -5385 Ramona Hancock Administrative Assistant Plan Commission One Civic Square Carmel, IN 46032 RE: CH Land LLC Our File No.: 13664 Dear Ms. Hancock: February 12, 2001 In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Comers Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131' Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services ill IORIY615' AT f 1 IIV P;C E. DAVIS COOTS* - STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CRUM JEFFREY S. ZIPES ELIZABETH 1. VAN TASSEL JANICE R. MAMMA* MATTHEW L. HINKLE SENGHOR A. MANNS J. KATHRYN JENKINS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317 - 573 -5385 February 12, 2001 John R. Molitor 11711 North Meridian Street, Ste. 200 Carmel, IN 46032 RE: CH Land LLC Our File No.: 13664 Dear Mr. Molitor: In preparation for the rezone application to be heard February 20, 2001 filed on behalf of CH Land LLC for property located along the eastern boundary of Meridian Corners Boulevard immediately north of the daycare and church at the northwest corner of U.S. 31 and west 131st Street, I am submitting to you a site location map of the general area, a site plan of the proposed development for two (2) small professional office buildings to be located outside of the U.S. 31 Overlay Zone and copies of photographs showing the general architectural style for each building. Each building will be occupied by a medical professional and supporting staff. We look forward to the February 20, 2001 public hearing to answer questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Craig Kaiser Department of Community Services