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HomeMy WebLinkAboutCorrespondence 187-00ITTORN IAt..LiIW I'C: ,E.-DAV!S 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 MEDIATOR November 12, 2001 Jon Dobosiewicz Department of Community Services One Civil Square Carmel, IN 46032 John Molitor ' 1.1711 N. Meridian Street Suite 200 Carmel, IN 46.032 - RE: CMC Properties -LLC Our File No.: 13291 Dear Jon & John: 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 -844 -4693 FAX: 317 -573 -5385 Enclosed is a copy of the executed Commitments; concerning the use and development of real estate that has been negotiated between the City of Carmel and DePauw University, regarding the approximate ten (10) acre tract located at 131St Street. and U.S. 31. I have retained the original commitment in'my file and will record it with the Hamilton County: Recorder'. s Office as provided in the agreement upon passage of,the.ordinance rezoning the -real estate.and approval of the ADLS Application of CMC Properties, LLC. CMC's dedication of additional right -of -way. along 131' Street is contained in the Development. Plan submitted to the Department and DePauw's additional commitment of right -of -way along Meridian Corners Boulevard (fifteen (15) feet) has been submitted'-to: the Board of Works. The Boardwill not act upon the application until the executed right-of-way dedication is submitted to, the Board which as we discussed would likewise'occur upon rezoning the property and approval of the CMC ADLS. • Letter to Jon Dobosiewicz'& John Molitor November 12, 2001. Page 2 With the satisfaction of these-conditions, I would ask _that you issue docket numbers toile CMC DP ADLS'applications for public hearing to be 'heard December 18, 2001 Thank You very much foryour assistance and cooperation: Very• truly. Yours, COOTS,'HENKE &:WHEELER; P.C,• E; -Davis Coots EDC:wIt: Enclosure cc:.._Craig Kaiser Greg Land Bill: Braman • 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 CFI 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 1315L 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 5t° 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 • • 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, 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 (//"//////tr .. Fc V • h. August 9, 2001 Carmel City Council Annexation and Land Use Committee Attn: Wayne Wilson, Chairman RE: Pending CMC (Z-363-01) and CIR Land (Z-364-01) rezone petitions Dear Councilor Wilson: This letter is in response to comments and concerns raised regarding the above referenced petitions. The Department Report to the Carmel/Clay Plan Commission on June 19 (see 1st attachment) indicates that it was the intent of the Department to make the City Council aware of concerns regarding the nexus between the DePauw parcel and the granting of the rezone for the CMC and CH Land petitions. This intent was forwarded in the form of the Certification of Plan Commission's Recommendation (see 2nd attachment). It appears that all of the pertinent information regarding this request has not been forwarded to the City Council members. In order to clear up any confusion the Department would like to see the following addressed/considered to the satisfaction of the City Council prior to action on the two rezone requests: 1. That the applicant dedicates or will dedicate right-of-way pursuant to the Thoroughfare Plan along both,Meridian Corners Boulevard and 131st Street. 2. That the applicant provided sufficient evidence that they commit to file ADLS for CH Land property(see 3rd attachment). The attachment is an unsigned copy. 3. That the applicant provided sufficient evidence that they will construct access onto Meridian Corners Boulevard in accordance with the plan proposed by the City Engineer(see 3rd attachment). The attachment is an unsigned copy. 4. That the applicant submit documentation whereby DePauw would agree to reserve the property covered under Docket Number 188-00 Z for future State Highway Improvements (see letter dated June 21, 2001, from the DePauw attorney, the 4th attachment and the 5th attachment which it is our understanding is a work in progress, also unsigned). Page 1 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 Copies of this transmittal will be provided to members of the Land Use and Annexation Committee this afternoon as well as Mr. Coots. I will also copy John Molitor. This is information the Department feels is necessary for review by the City Council in making any decision regarding the proposed rezone. The Department recommends that the rezones be approved subject to the following: 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. We would request the City Council approve the rezone requests 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 fairness to the petitioner the Plan Commission did not address this issue. However, Staff had discussed the issue with the petitioner. At this time we feel it is necessary and the Council has the authority to request it under the existing Thoroughfare Plan. In addition,the Department will require additional right-of-way to be dedicated on the site along 131St Street when the applicant submits a Development Plan Application for that site. As an alternative, the City Council may desire that the applicant commit to dedicate the subject right-of-way for 1315t Street as part of the rezone. Whichever the case, the Department would recommend requiring a legal description as well as a general survey of the area to be dedicated. This description should then be reviewed by the City Engineer to confirm its accuracy. 2. Commitment to file ADLS for CH Land Property The applicant has submitted a draft of a covenant agreeing to ADLS for the CH Land parcel. 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. 3. Construction of entrance onto Meridian Corners Boulevard The applicant has submitted a draft of a covenant agreeing to construct the improvements as proposed(see lst attachment, third page) 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. Page 2 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 If you have any questions or if I may be of assistance please do not hesitate to call. For your convenience I will attend the Annexation and Land Use Committee Meeting on August 9th at 7 p.m. Sincerely, 4_, Jon C. Dobosiewicz Planning Administrator C: Carmel City Council Land Use Committee Members E. Davis Coots, Esq. John Molitor, Esq. File: 186-00 Z, 187-00 Z, 188-00 Z DePauwRezone-1.rtf Page 3 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 el0— G. 1 —CV1 11 • 1G L•A• Ri•1,. L. WJXS. '- wi;,LV 1t vtcHALE ;OOK & BELCH .vn:.wllwAL CoaroaA1I( N . iRCRNcra A'1' I.AW 1 TARLISHPJ) 1933 ( 4A}(I1L•1t C, ChMw:arit 1 /MOW; 1 IITE'1100 NORTH MERIDrAN STREET 1 DIANAPOUS. INDIANA 04•17KI .01PAKE >17•634.7)98 1 HAIL mcwry'•mchsleilw.cnm vw.mrhRkla,..4cam 1 )NAIL \T/, BLITreEY 1 'HIE` P. tlYROH 1 tHIX)LPH L. SECER 7 Iti11AEL L ECKERLE 1 (IAN W. WELCH j ANI)4EW bUWMAN J PETER MILLER 1 )BERT L. TACGARY 5 DT R. LEISZ 1 )IR B. 0r J 7FnEY T. 11F_NN I:ri 111.IAM J, KAI$I;K, Jet, ILUAM M. BRAMAN J MSS). MC.GRATH S %1VE\ G. CRACRAFT \11.: J. ROMANIUR S EPHANL. 1ICDCE J , KEPLEY KEEFER 5 EVEN D. 11. e N $ E A. SEC�LEY T wrrnt.W M. Nun.. } <NII0R 1. PERRY J 4NIF'ER K. THOMPSON [ ,vin T. Mt:c /NM:AY F Sot A. Mc.n J. ItN'I:L. KotiNIG ll 1D R. MALtmok IRISTDPIIER M. YORK k 1LEY 1i0RTOUX CREVEUNG Y ADLEY D, i1AOLER C 'CouNSEL i EWAN.F. WELr.1t J. \ 1.0 .11`. IA1CI, Ja, L: Anuht:A' $n vrt:N P us. i A. • totre P uL R. BLAC.IC' J.:aN S. CHAPOELL L iL i vnN N, rr. RuL G .ACIA JEAN MEYER 0 rAJ. BALDWIN IIA111A1I1 w IN rt. MUM AC .4.7.W [. 19t;t4IN 11 IIANA.LNJ.S ANII JAy9E1( June 21, 2001 John Molitor, Esq. Molitor & Grisham, P.A. 11711 North Meridian Street, Suite 200 Cannel, IN 46032 iL —J1 11-7 JGJ rl]..L/ V` J Via Facsimile (317) 843 -5514 Re: Carmel/Clay Plan Commission - DePauw Rezoning Petitions - Docket Nos. 186 -OOZ; 187 -OOZ; and I88 -OOZ Dear Mr. Molitor: This will confirm my voice mail message to you of June 20 in which 1 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 of property 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 -OOZ ( 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. i-3 00-41 01 1 1 • 1U l'1V11 P11aL VVV1\ '-. fl LL V1I McFIAI:E WELC John Molitor, Esq. June 21, 2001 Page 2 As I also indicated in my voice mail message, please forward the documentation which memorializes this agreement to E. Davis Coots, DePauw's zoning counsel, for review and continent. 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, '/24- 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 Cib-41 —G1 11 • 14 Cit, il/iLG %.,VVA a.:Lavas MCHALE COOK& WELCH PROFESSIONAL CORPORATION TO: FROM: DATE: • 1 CHAMBER OF COMMERCE BUILDING SUITE 1100 320 NORTH MERIDIAN STREET INDIANAPOLIS, INDIANA 46204 -1781 TELEPHONE FACSIMILE: E-M�u (317) 634 -7588 (317) 634 -7598 mcw@mchalelaw.com JASPER OFFICE MCI*IALE COOK & WELCH AND CHAPI'ELI. 212 WEST SI,crli STREET JASPER, INDIANA 47546 FACSIMILE TRANSMITTAL COVER SHEET John Molitor, Esq. William M. Braman June 21, 2001 FACSIMILE NO. (317) 843 -5514 TOTAL NUMBER OF PAGES SENT (including this sheet): (3 ) CLIENT: 1050 MATTER: 12 REMARKS: X Original will NOT follow by mail PLEASE NOTIFY US IMMEDIATELY IE 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 the use of the individuat(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. 1f 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 53 All COOTS HENKE & WHEELER FAX NO. 31 35385 P, 01/05 • 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 Pages,Including Cover Sheet TO: Jon Dobosiewicz COMPANY: Department of Community Services FAX NO. 571-2426 FROM: E. Davis Coots SUBJECT: CMC Properties 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.: 13291 M:1 w l t\rA XCO V ER\d o d o sj a.fax JUN-18-2001 NON 10:54 AM COOTS HENKE & WHEELER FAX NO. 3135385 P. 02/05 • 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 54 AM COOTS HENKE & WHEELER FAX NO. 31435385 P. 03/05 • Norman L. Rundle Luci Snyder Wayne A. Wilson Presiding Officer ATTEST: Diana L. Cordray,IAMC,Clerk-Treasurer The foregoing ordinance is approved by me,Mayor of the City of Carmel,Indiana this day of ,2001. James Brainard,Mayor ATTEST: Diana L. Cordray, [AMC,Clerk-Treasurer This instrument was prepared by E. Davis Coots,COOTS HENKE&WHEELER,P.C., 255 E. Carmel Drive, Cannel, IN 46032-2689 R:1Edc\cm:prc.wpd 13291 JUN-18-2001 MON 10:54 AM COOTS HENKE & WHEELER FAX NO. 31 735385 P. 04/05 SENT 13Y;5( 1J'I 11)It brciIN KI 11- 2- 0 i 4;oiria i to1/1 mo- viIuruuVuuin Lt L Cl/ Schneider ZONING DESCRIPTION A 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 on an assumed bearing of South 88 degrees 29 minutes 07 seconds West along the south line of said Northwest Quarter a distance of 1125.87 to the point of beginning; thence continuing South 88 degrees 29 minutes 07 seconds West a distance of 243.05 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, Indiana,said point also being a point on a non-tangent curve to the right,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 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. H. C: Project S.T. F. 222(9) 1973, an arc distance of 831.86 feet to a point which bears North 59 degrees 56 minutes 49 seconds West from said radius point;thence South 61 degrees 53 minutes 05 seconds East a distance of 600.43 feet to the said northwesterly right-of-way line of U. S. Highway 31 said right of way line being a non-tangent curve to the left,the radius point of which bears South 59 degrees 28 minutes 10 seconds East a distance of 2436.83 feet;thence southwesterly along said right-of-way line and curve an arc distance of 472.80 feet to a point which bears North 70 degrees 35 minutes 10 seconds West from said radius point;thence South 80 degrees 56 minutes 59 seconds West along said right of way line a distance of 380.20 feet;thence South 51 degrees 59 minutes 02 seconds West along said right of way line a distance of 31.10 feet;thence South 01 degree 30 minutes 53 seconds East a distance of 1 6.50 feet to the beginning • point, containing 9.42 acres, more or less. November 2,2000 WNDYCISWOBS131d335710021doestRezonirrg Desc.doc THE SCHNEIDER CORPORATION Himont:Fort 110Plann 8001°tin Avenue Indiunapdis.indmnn 46216.1037 317826/1o0 Toll Om 800.19RONV I`ex 317.8211.7200 WWW.BdnOICwC6rp.nom JUN-18-2001 MON 10:54 AM COOTS HENKE & WHEELER FAX NO. 31435385 P. 05/05 COVENANT ATTENDANT REZONING ORDINANCE CMC Properties 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 attached hereto,the ingress and egress to the property shall be in conformity with plans approved by the Cannel City Engineer and in substantial conformity with the design attached hereto as Exhibit B. Following the construction of Meridian Corners Boulevard(Illinois Street), the design of the ingress and egress may be changed by the City to be placed in alignment with the entrance to "The Parks" subdivision at covenator's expense. 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 described property from the S-2 residential district classification to the B-5 district classification. IN WITNESS whereof the foregoing covenant has been executed this day of , 2001. • CMC Properties By: STATE OF INDIANA ) )ss: COUNTY OF HAMILTON ) SUBSCRIBED AND SWORN to before me,Notary Public in and for said County and State this day of June, 2001. My commission expires: Notary Public My County of Residence: Printed R:U iDC\cmcprd.wpd 13291 APRIL 17,2001 • Carmel/Clay Plan Commission Agenda Docket No. 186-00 Z; DePauw Rezone Petitioner seeks favorable recommendation of a rezone from the S-2/residence district to the B5/business district on 1.87± acres. The site is located northwest of West 131st Street and North Meridian Street. The site is zoned S-2/residence. Filed by E. Davis Coots of Coots Henke&Wheeler for CH Land LLC. -and- Docket No. 187-00 Z; DePauw Rezone Petitioner seeks favorable recommendation of a rezone from the S-2/residence district to the B-5/business district on 9.42± acres. The site is located northwest of West 131St Street and North Meridian Street. The site is zoned S-2/residence within the US 31/Meridian Street Overlay Zone. Filed by E. Davis Coots of Coots Henke &Wheeler for CMC Properties, Inc. Please find copies of the proposed ordinance and commitments attached. The Department requested the applicant provide these in writing to the commission prior to the commission forwarding a recommendation to the City Council. They meet with our approval. The Department recommendation remains as stated in the Depaitiuent Report. The Department recommends forwarding the two items to the City Council with favorable recommendations. Page 3 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 Fax To CITY OF CARMEL Department of Community Services One Civic Square Carmel, IN 40332 (317) S71-2417 Fax: (317) 571-2426 4 ' .c Prom: I Fax -`-) 38 Pages: Phone Date: net --pc '‘) 1 0 Urgent El For RinieW 0 Please Comment 0 Please Reply 0 Please Recycle CC: <z> Pr c" CD E .,, -iY -15 -2001 TUE 03 :26 RIOTS HENKE & WHEELER FAX NO, 31 35385 Coots heeler E. DAVIS Co(rrs* ST! WItiN 11, HENKE JAMES K. WI Itm.F.R* 'I'. JAY CHI'S JAMES 1). CRUM JiiATRrY S. 21res Et.1'l.AEI n t 1. VAN TASSEL JANICE R. MA.NI LA° Mra.n.i W L. FINKLE Sias/CHOP. A, MANNS J. KATI IRYN JENK1NS DANIEL. E. Coa,:s ° :ealirmr) MRU1A'1'OR 255 East Carmel Drive Carmel, Indiuna 46032 -2689 317.844.4693 FAX: 317.573 -5385 May 15, 2001 Mr. Laurence Lillig, Jr. Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 P. 02 RE: CMC Properties, CH Land and DePauw University Our File No. 13291, 13664 and 13683 Dear Laurence: I have been absent from the office in trial out of town and just received your May 10, 2001 Department Report. We do not want to table the CMC or CH Land applicants and it was only the DePauw ten (10) acre portion tabled by the Committee pending negotiations with the City of Carmel regarding reservation of a portion of this tract for future road development. We will ask that the Plan Commission act on the other two (2) petitions this evening. EDC:wlt Very truly yours, COOTS, HENKE & WHEELER Molitor, Grisham & Hester, P.A. Attorneys Not In Partnership John R. Molitor Debra M. Grisham* Judy G. Hester* *Also licensed in Illinois May 11, 2.001 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 131' 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 Street o Suite 200 • Carmel, IN 46032 (317) 843-3511 • Fax (3I 7) 843 -5514 johnrmolitor @prodigy.net • debragrisham1@prodigy.net • hester4586 @aoLcom ZO "d bISS -8178 LIE .,4a4sai-1 V Lireys!- 49 `..4014-LoW dtZ :t'o IO -TI -SEW William M Branam, Esq. May 11, 2001 Page 2 of 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 EO'd ttSS -£V8 LIE - Aa2sOH wle4sL.49 `..4014-LoW dZZ :t'O IO- II -ieW • 1 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 34311 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(f) (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. tbO'd tISS -£t8 LIE ,.ia1.saH V weysL...4O `.,t014LoW dZZ =bO tO- It-ReW JOHN R. MOLITOR ATTORNEY AT LAW 11711 NORTH MERIDIAN STREET CARMEL, INDIANA 46032 TELEPHONE: 317 - 843 -5511 OR 317-506 TELEFAX: 3 17 -843 -5 51 4 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 PRONE 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 b 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 iISS -£178 LIE .,431saH V mreyS -..4O `.,1014- LoW dtZ= 17O TO -II -SEW 05 -01 -01 15:53 MCHALE COOK & WELCH V1cHALE :ooK& WELCH lCNX40NAL (2)RITIRATION 11OIL•tMYS AT LAW i1'ABIM LED 193i HAMPO OP COMMERCE UN WW1, : ATE 1100 .50 NORTH MERIDIAN STREET : R)IANAPOUS, INDIANA • 1204.1755 .7.636.7)85 I USIMILE 117•$ }(.71911 1 MAIL Mf•(*M(Eri1tiJJ,.CAA1 1 t1NAI.1/ W. HUTTRsY 1 ANtI:I. HYR()N AN1X)IY11 1.. SIR ;PR 1 N,I IAFt I,., .,.�e;R1'Y LQ tIAN W ('�II'�(fil ANIIAI`W (n)WMAN J IrTPR MILLER 170EAT L. TA(GART nLT I(. Lr1v. T welt'). R..i(.Ir1•I• J ii v�N NIWN(T• 1 '11.1)AM J. KA(111x,J1, 'II.I.IAM M. e•KAMAN J MILS J. ML.GRATII 1ivrN C. CRACRALT T Au. J. ROMAI.*Itl. 11PI IAN 1., HO1V15 J N KI:PI.EY KEEFER 'EVEN U. HARDIN 5 IE A. HEMEY T A111IF.& M. pAICE J NNI1• 1 f. Y1:1( KY J NNIPER K. THOMPSON 1 1VID T. W..<IMPSEY 1 a'rl1 A. nlr.E J NN T.L. KOENIc I LAD A. MAUREA ( 1ALrit10111'.A M. YQRK 1 �trr RhRlTxlx C:YP.vr.LI•O T IAIE.ry ) HAU.I.R ( C:OONSEL KLAN F. WL9.CH J HN 1. HRADSHAW,)A. E ANDREW STRIVEN IILLIP A. TERRY F ,Vl. K. BLACK` J LINS,CLIAPPI:u. G w.m VAN NAMTA RAM ( LAt:IA•)I:AN MlT•.. E LA J.BALDWIN ... A,remus w 0,z:.1R. M W ::{NN1A C FW.LK IN DIANAPOLLL ANL) JAth15A • May 1, 2001 ID= 3176342925 PG2/03 John Molitor, Esq. Molitor & Grisham, P.A. 11711 North Meridian Street, Suite 200 Cannel, IN 46032 • Via Facsimile (317) 843-5514 Re: Carmel /Clay Plan Commission - DePauw Rezoning Petitions - Docket Nos. 186 -00Z_; 187 -OOZ; 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. 186-00Z 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. 188.00Z (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 B -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 (I) 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 WHALE COOK & WELCH i 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, ' /a. &(1k- 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 V-ei UV/ vi !LUt 1..) 0.JU rZIA J1 /.7 (5 /b /so April 29, 2001 ICE NAIL 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 letter as a recap of our HOA meeting of April 23rd 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 131st 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. 04/30/01 HON 08:30 FAX 3175876735 . TCE NATL ACCT SALES um 1 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, Meredith Marrs President Bruce Kettler Vice President Cindy Stout Sec./Treasure P R O P E R T I E S We Simplify Lives Our Mission: To simplify the lives of our customers in a cost effective way so they can have more time to pursue what's truly important to them. April 2, 2001 Mr. James Berry 13450 Dunes Drive Carmel, Indiana 46032 Dear Mr. Berry Over the last several weeks, as we discussed with you the development of our project in Carmel, several of the residents have requested that we commit to install a landscape mound to the north of Meridian Comers Boulevard along the boundary of the backyards of several of the residents. After reviewing this with CH Land Co., which is developing the professional office that adjoins our project, we are happy to commit to installing those landscape mounds upon successful approval of our projects bythe City of Carmel. The mounds would be seeded and landscaped along the top. We believe this would create an attractive break between the residential development and our projects. The only caveats to this commitment are approval by the landowners who actually have title to the lots on which the mounds would be installed and approval of the utility that has the gas line which runs along the boundary. We appreciate any input you may have with respect to this matter. Sincerely, CM PROPER E. Land GEL :mav cc: Craig Kaiser J\DATAIGFLUme He17I.doc 10925 Reed Hartman Highway • Suite 200 • Cincinnati, OH 45242 Ph 513.984.3030 • Fax 513.792.1248 • Website: www.cincyapt.com • Email: cincyapt @one. net CoQts eeler E. DAVIS Coors* STEVEN H. 1-IENKE 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 Wilson 24 Wilson Drive Carmel, IN 46032 RE: CMC Properties Our File No.: 13291 Dear Mr. Wilson: March 2, 2001 Per Nick Kestner's request, I enclose an aerial photograph with the subject properties identified and the surrounding properties marked with a corresponding legend. We will have an enlargement of this photograph for the Committee Meeting on Tuesday. Hopefully this assists in identifying the location of the property that is the subject of the Rezone Applications. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Department of Community Services e heeler Al'TORNF} S A7 GAlV '/';C 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 MEDIATOR 255 Easr,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: CMC Properties Our File No.: •13291 Dear Ms. Hancock: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup. material regarding the rezone request as follows: 1. • • Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 1315` Street. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty -three Thousand square feet (33,000) of Class. A office space, for small tenant users. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. . 4. Photographs of a similar project built by the . applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, EDC:wlt Enclosure cc: Greg Land Department of Community Services Davis Coots :e heeler rTFORATI S-47 -7 11V Pi'G' E. DAVIS COOTS* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CURTS JAMES D. CROM 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 -811 1693 FAX: 317-573-5385 February 12, 2001 John R. Molitor 11711 North Meridian Street, Ste. 200 Carmel, IN 46032 RE: CMC Properties Our File No.: 13291 Dear Mr. Molitor: In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131St Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty -three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2. We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions: Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services Henke eeler IlroRi1LI5ATL4IV PC.' E. DAVIS Carts* STEVEN H. HENKE JAMES K. WHEELER* T. JAY CHATS JAMES D. CRUNI JEFFREY S. ZIPES ELIZABETH I. VAN TASSEL JANICE R MANDLA* MATTHEW L. HINKLE SENGHOR A. MANNs J. KATHRYN JENKINS DA.NIEL 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: CMC Properties Our File No.: 13291 Dear Ms. Hancock: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131St Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty -three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan C ommission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, EDC:wlt Enclosure cc: Greg Land Department of Community Services Davis Coots toots J-IePke Wheeler r1 f.'I 0R:1 ) S rl l L; {IG, 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. MANN'S 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: CMC Properties Our File No.: 13291 Dear Mr. Wilson: In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 13 Pt Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 - Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services E. DAIS COOTS. STEVEN H. HENKE • JAMES K. WHEELER* T. JAY CURTS _ JAMES D: CRUM JEFFREY S. ZIPES ELIZABETH L 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 Paul L. Spranger Six Shady Lane Carmel, IN 46032 RE: CMC Properties Our File No.: 13291 Dear Mr. Spranger: February 12, 2001 J In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131' Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services ;SOW Henke eeler AfCORrV/}5 lT`L 1iVPC„ 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 John R. Sharpe, Sr. 5135 Oriole Drive Carmel, IN 46033 RE: CMC Properties Our File No.: 13291 Dear Mr. Sharpe: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 13151 Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20,. 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, EDC:wlt Enclosure cc: Greg. Land Department of Community Services Davis Coots toots Hem heeler E. D.4VIS 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 Pat Rice 9659 Wild Cherry Lane Indianapolis, IN 46280 RE: CMC Properties Our File No.: 13291 Dear Mr. Rice: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131s` Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services 1 /TOR3b1S- lI'L1411 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 Norma Meighen 11015 Lakeview Drive Carmel, IN 46033 RE: CMC Properties Our File No.: 13291 Dear Ms. Meighen: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131St Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty -three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001' Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS,. HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land _ Department of Community Services Henk heeler T7O/?VE} S A17 LAW, 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: 317573 -5385 Dianna Knoll 1305 Smokey Row Lane Cannel, IN 46033 RE: CMC Properties Our File No.: 13291 Dear Ms. Knoll: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131st Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services /LOR■\FIS/IFL HP I':6;> • 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 E. Nicholas Kestner, III 2123 West 106th Street Carmel, IN 46032 RE: CMC Properties Our File No.: 13291 Dear Mr. Kestner: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131st Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 :Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services cots nke heeler t1Tl'F)I1NL SAT C: 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 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: CMC Properties Our File No.: 13291 Dear Mr. Houck: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 13151 Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty -three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E`Davis Coots EDC:wlt Enclosure cc: Greg Land - Department of Community Services Coots ke eeler AIIOR: \FISAI Lalb °I'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: CMC Properties Our File No.: 13291 Dear Mr. Haney: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131St Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty -three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services II /ORVbI S Al`'L,-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. 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 Linda A. Flanders 14285 Oakbrook Court Carmel, IN 46033 RE: CMC Properties Our File No.: 13291 Dear Ms. Flanders: February 12, 2001 r7 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131' Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page -2 We look forward to making our full presentation to the Plan Commission at the February 20; 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P:C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services oots Henke' eeler 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 317-80 4693 FAX: 317- 573 -5385 Madeline Fitzgerald 4500 West 126th Street Zionsville, IN 46077 RE: CMC Properties Our File No.: 13291 Dear Ms. Fitzgerald: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131st Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty -three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, EDC:wlt Enclosure cc: Greg Land Department of Community Services Davis Coots &- e eeler -ATTORNEYS T LAW P 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 MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 844 -4693 FAX: 317 - 573 -5385 Leo Dierckman 12310 Windsor Drive Carmel, IN 46033 RE: CMC Properties Our File No.: 13291 Dear Mr. Dierckman: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131St Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts . and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 ' Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, . Davis Coots EDC:wlt Enclosure cc:. Greg Land Department of Community Services Henke heeler lrTORJC1S it 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. HLNKLE 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 David A. Cremeans 9830 Greentree Drive Carmel, IN 46032 RE: CMC Properties Our File No.: 13291 Dear Mr. Cremeans: February 12, 2001 •1. L..; In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131st Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty -three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A. Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation: to the Plan Commission at the February 20, 2001 public hearing and answering questions. - Very truly yours, COO ENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services dOots Henke heeler 4LroklVCls 1r 211177.P.0. 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 Kent M. Broach 5023 St. Charles Place Carmel, IN 46033 RE: CMC Properties Our File No.: 13291 Dear Mr. Broach: In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 131st Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February 12, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours,, COOTS, HENKE & WHEELER, P.C, Llee-e-#1 j3e2— E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services Henke eeler %I17016YElS' 'IT LAlt! "T: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 -811 4693 FAX: 317 -573 -5385 Marilyn Anderson 3884 Shelborne Court Carmel, IN 46032 RE: CMC Properties Our File No.: 13291 Dear Ms. Anderson: February 12, 2001 In advance of the public hearing scheduled February 20, 2001 on the captioned application, I am submitting to you backup material regarding the rezone request as follows: 1. Several site location maps showing the location of the property located generally at the northwest corner of U.S. 31 and West 1315` Street. 2. A concept site plan prepared by Schneider Engineering showing three (3) buildings each approximately Thirty-three Thousand square feet (33,000) of Class A office space for small tenant users. 3. A Preliminary Traffic Operation Analysis prepared by Steve Fehribach omitting traffic volume counts and capacity analysis raw data upon which the Traffic Operation Analysis is based. 4. Photographs of a similar project built by the applicant in the greater Cincinnati area that will be the general theme for development of the office facility. February l2, 2001 Page 2 We look forward to making our full presentation to the Plan Commission at the February 20, 2001 public hearing and answering questions. Very truly yours, COOTS, HENKE & WHEELER, P.C, E. Davis Coots EDC:wlt Enclosure cc: Greg Land Department of Community Services Coots ke heeler E. DAVIS COOTS' STEVEN H. HENKE JAMES K. W HEELER' T. JAY CARTS J.ADIES D. CRUM JEFFREY S. ZIPES, ELIZABETH I. VAN TASSEL, J.ANICE. R. M.ANDLA MATTHEW L. HIN } :rE J. KATHRtN JENKINS DANIEL E. Coors. *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel Indiana 46032 -2689 317-8444693 FAY: 317 - 573 -5385 July 12, 2000 Kristin Clicka, Commissioner Indiana Department of Transportation 100 N. Senate Avenue, Room N755 Indianapolis, IN 46204 -2249 RE: Greg Land - CMC Properties Our File No.: 13291 Dear Ms. Clicka: I represent the interest of CMC Properties who are contract purchasers of property located at the northwest corner of U.S. 31 and 131st Street (West Main Street) in Hamilton County, Carmel, Indiana. The legal description of which is attached hereto as Exhibit A. Pursuant to §23 B.17.4 of Carmel Zoning Ordinance Z340 (attached for your convenience), this letter is to notify the Indiana Department of Transportation of the proposed development plan that includes land within projected right -of -way for improvements shown on plans developed for the Department by the consulting firm of Bernardine, Lochmuller and Associates for the major investment study (1997) or as shown on plans from the Parsons Transportation Group prepared for the environmental impact study. Reservation of such land for highway purposes would deprive the owner of all reasonable and beneficial use of the property thus necessitating the applicant's request for an economic hardship exception before the Carmel Plan Commission. The application for hearing will be submitted ninety (90) days subsequent to the date of this correspondence as required by the ordinance. I would appreciate hearing from you regarding the State's plans for the real estate. EDC:wlt cc: Steve Engleking Greg Land, CMC Properties Craig Kaiser Bill Braman Very truly yours, COOTS, HENKE & WHEELER, P.C, V E. Davis Coots