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HomeMy WebLinkAboutCorrespondence 188-00. ItA-.4ai 'pA-v c c – WE wwE cola of c-c&rmwarry^E i. . i[ I /�c., L� I 1 � 2- P1 -scN5 S !P fV DL .c)PPb To Fax CITY OF CARMEL Department of Community Services One Civic Square Carmel, IN 4E032 (317) 571 -2417 Fax (317) 571-2426 5 '733 ,361 From: Phone: Pages: Date: l l -) 6. 0 1 Re: CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle cZczet. rZ- 11 3 - b ! f-, t-- S •' C1-t b .. 01 G 11/4 ' V l Eia Rr d xewry S1-- o!�.5 J88 --007_ : us." • • CARMEL /CLAY PLAN COMMISSION DEPARTMENT REPORT November 20, 2001 3i. Docket No. 188-00 Z; DePauw Rezone Petitioner seeks favorable recommendation of a rezone from the S -2 /residence district to the B- 5/business district on 10.02± 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 DePauw University & Earlham College. This item was tabled in the Special Studies Committee since June. At the November 11 meeting the Committee forwarded the item back to the full Plan Commission with a favorable recommendation. This was done contrary to the Department's recommendation of continuing the item until the conditions of the CMC rezone were resolved. DePauw is the owner of the entire tract (both CMC, 9.42 ac. and residual 10 +/- ac.). The City Council approved the CMC rezone subject to the dedication of right -of way and reservation on the residual (the real estate which is the subject of this request, Docket No. 188 -00 Z). The Department is currently discussing these issues with Mr. Coots and Mr. Molitor to validate the zoning of the CMC site and be in a position to place CMC on the December agenda for their DP /ADLS review. The Department recommends that the Plan Commission continue this request if the issues related to the CMC rezone are not resolved prior to the meeting. If the issues have been resolved prior to the meeting the Department will recommend that the item be forwarded to the City Council with a favorable recommendation. One Civic Square Carmel, IN 46032 (317) 571 -2417 Fax: (317) 571 -2426 To: From: Fax -1 Pages: Phone: Re :�C� ❑ Urgent Date: CC: ❑ For Review ❑ Please Comment ❑ Pfease Reply ❑ Please Recycle r CARMEL /CLAY PLAN COMMISSION DEPARTMENT REPORT November 20, 2001 3i. Docket No. 188 -00 Z; DePauw Rezone Petitioner seeks favorable recommendation of a rezone from the S -2 /residence district to the B- 5/business district on 10.02± 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 DePauw University & Earlham College. This item was tabled in the Special Studies Committee since June. At the November 11 meeting the Committee forwarded the item back to the full Plan Commission with a favorable recommendation. This was done contrary to the Department's recommendation of continuing the item until the conditions of the CMC rezone were resolved. DePauw is the owner of the entire tract (both CMC, 9.42 ac. and residual 10 +/- ac.). The City Council approved the CMC rezone subject to the dedication of right -of way and reservation on the residual (the real estate which is the subject of this request, Docket No. 188 -00 Z). The Department is currently discussing these issues with Mr. Coots and Mr. Molitor to validate the zoning of the CMC site and be in a position to place CMC on the December agenda for their DP /ADLS review. The Department recommends that the Plan Commission continue this request if the issues related to the CMC rezone are not resolved prior to the meeting. If the issues have been resolved prior to the meeting the Department will recommend that the item be forwarded to the City Council with a favorable recommendation. • Dobosiewicz, Jon C From: Dobosiewicz, Jon C Sent: Thursday, November 08, 2001 11:09 AM To: Hill, Dick B Subject: RE: DePauw University Dedication Dick, I need to know specifically if Coots has submitted documentation for the dedication of the 15' along the entire length of the DePauw tract. If they have not the rezone of the area under contract by CMC will not be placed on the docket because it is not in effect zoned B -5. DePauw can do whatever they want to do. If they want CMC to move forward they need to dedicated the right -of -way and commit to the reservation. Thanks, Jon Original Message From: Hill, Dick B Sent: Wednesday, November 07, 2001 11:25 AM To: Dobosiewicz, Jon C Subject: FW: DePauw University Dedication Jon - Comments? Original Message From: Dave Coots [SMTP:dcoots @chwlaw.com] Sent: Wednesday, November 07, 2001 10:55 AM To: Hill, Dick B Subject: Re: DePauw University Dedication Dear Dick, We kind of have a chicken and egg issue in that Depauw is not interested in making a series of committments(i.e. road dedication among others) without the Plan Commission approval of the rezone request and the passage of the Ordinance by the Council. We are willing to dedicate right -of -way, of course, but only if we are successful on the rezoning. What do you suggest? Original Message From: Hill, Dick B <DHill @ci.carmel.in.us> To: 'dcoots @chwlaw.com' <dcoots @chwlaw.com> Date: Wednesday, November 07, 2001 9:22 AM Subject: DePauw University Dedication >Dave -First day back from vacation. Received the Dedication and Deed of >Public Rights -of -way. I have to have the document signed and notorized by a >representative of DePauw prior to Doug Haney's review and placement of the >document on the Board's November 21 agenda. I you could arrange to have >this signed as soon as possible, we should be able to get it on the next BPW >meeting on the 21st. Thanks. 1 Coots eeler • it. *.,'-lrr0x:v1s a= 1V.-P.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 William Braman, Esq. McHale, Cook & Welch, P.C. 320 N. Meridian Street, Suite 1100 Indianapolis, IN 46204 -1781 November 2, 2001 RE: DePauw University and. Earlham College Zoning Our File No.: 13683 Dear Bill: Enclosed is the original Commitments Concerning the Use and Development of Real Estate in the above referenced matter. Please give me a call if you have any questions or comments. EDC /wlt Enclosure cc: John Molitor Jon Dobosiewicz Very truly yours, C9TS, HENKE & WHEELER, P.C. E. Davis Coots NOV -02 -2001 FRI 01:07 PM CO•HENKE & WHEELER FAX NO. 3175.85 P. 01 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: November 2, 2001 4 Pages, Including Cover Sheet TO: Jon Dobosiewicz COMPANY: Department of Community Services FAX NO. 571 -2426 FROM: E. Davis Coots SUBJECT: DePauw University COMMENTS: Attached please find the Dedication and Deed of Public Right -of -Way in the above referenced matter. 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 not fled 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.: 13683 M:1WI;11FAXCOVER \dodosja.fax CITY CIF CARMEL Department of Community Services One Civic Square Carmel, IN 4&32 (317) 571 -2417 Fax (317) 571 -2426 Fa)c From Pages: Phone: Date: 1 \ _•C:!,1. Re: 1\.■ `-_.Om w, i iti. • ., CC: o ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle ,mow c2.—E2,r%6 • • • CARMEL /CLAY PLAN COMMISSION SPECIAL STUDIES COMMITTEE DEPARTMENT REPORT November 6, 2001 1. Docket No. 188 -00 Z; DePauw Rezone Petitioner seeks favorable recommendation of a rezone from the S -2 /residence district to the B- 5/business district on 10.02± 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 DePauw University & Earlham College. This item has been tabled since June and was continued from the October meeting. The applicant has requested that the Special Studies Committee now forward this item to the Plan Commission with a favorable recommendation on the rezone from S- 2/Residence to B- 5/Business. The committee may recall that two rezone applications were forwarded to the City Council and approved earlier this year. In fact, another item regarding a project on this same agenda lies on one of the properties. Please find attached a letter sent to Mr. Coots regarding the previous rezones. The Department is awaiting a response from the applicants as to the status of the reservation of the right -of -way on this property as well as the dedication of right -of -way along Meridian Corners Boulevard. The Department recommends that the Special Studies Committee continue this item to the December meeting and direct the applicant to address the conditions attendant to the previous rezones prior to acting on this item. Committee Report 2001- 11 -6.rtf 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 Comers 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 ■ City of Carmel VIA FAX: 573 -5385 Original by Mail November 1, 2001 Mr. Dave Coots Coots Henke & Wheeler 255 East Carmel Drive Carmel, 1N 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 Comers 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 131 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 • 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 CITY OF CARMEL Department of Community Services One Civic Square Carmel, IN 45032 (317) 571-2417 Fax (317) 571 -2426 To: t/V. Fam Phone: From: Pages: Date: to -a4 -O► Re: — Le rs't �.�� v ca, ES CC: ❑ Urgent ❑ For Review CI Please Cormnent ❑ Please Reply ❑ Please Recycle sr ri)A t.s...) 9.) 6• • \ — ©1 , A7TORVEY..0 A7' JAIV,..l?. C. >' E. DAVIS COOTS` • STEVEN H. HENKE JAMES K.- WHEELER'. T. JAY CIiRTS J'4IES D. CROM JEFFREY S. ZIPES ELIZABETH I. VAN TASSEL JANICE R.•MANDLA* MATTHEW L. HINKLE SENGI-IOR A. MA.NNS J. KATHRYN JENKIIVS DANIEL E. COOTS *CERTIFIED MEDIATOR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 -834 -4693 FAX: 317- 573 -5385 Jon Dobosiewicz Department of Community Services One Civil Square Carmel, IN 46032 RE: .,C11 Land LLC Our :File No:: 0664 Dear Jon: September 24, 2001 The purpose of this letter is to confirm the agreements reached at our conference September 20, 2001• in your office as follows;.. 1. DePauw property, 188 -00 -Z We would request that the Department place: the Rezone Application for the "DePauw" parcel on the Special Study Committee Agenda for October 2, 2001. The conditions of proceeding with the rezone are the. - execution of the document prepared by John Molitor entitled "Commitments Concerning the Use and Development ofReal Estate" that reserves the DePauw property for a period of six (6) years or until the Indiana Department of Transportation determines that the proposed interchange involving U.S. Highway 31 will not necessitate the use of the subject real estate. The second condition'to •Proceeding with the rezoning is DePauw's dedication of an:additional right-of -way along Meridian Corners Boulevard (an additional fifteen. (15) feet of right-of-way commensurate with the right -of -way dedicated by, CH Land. I will utilize the .right -of- -way dedication document that you provided to me and have requested that'Schneider Engineering provide me with a legal-description for the additional right -of -way. dedication.• I hope to have those documents executed in recordable form for the October 2nd meeting. 2. CH Land, 186 -00 -Z' The original Commitment - Agreement to comply, with ADLS procedural requirements has been located in the Clerk /Treasurer's office and will be recorded . at the same time an original signature document from CMC is presented to the Clerk/Treasurer for recording. (Unfortunately, the only copy. I have contains a faxed signature unacceptable for recording. The original is being FedX to my office for submission to the Clerk/Treasurer at which time 1. will see that both commitments are recorded.) Likewise, I will use the City's right-of-way dedication September 24,•2001 Page 2' Letter to Jon Dobosiewicz form to dedicate the additional fifteen (15) °feet along Meridian Corners Boulevard per,the City's requestand•the developer's` consent: You suggested that a subdivision plat for the two (2) lots - contemplated be`submitted which would help identifying interior road location, : its right -of ;way, etc. We would like to proceed with the pending ADLS application and will `submit 4 subdivision plat to divide the second lot from the tract; however, would not expect that subdivision plat request • be heard at. the October meeting: You: also advised that. the Department has nothing regarding the size, color, materials, or lighting -'of the signing contemplated for the dentist building and that information will be submitted. to the Department promptly. CMC Properties - 1.87 -00 -Z CMC is submitting "its development' plan and ADLS application the first week of October As. stated above, the commitinent_agreement will be recorded as soon,as.an original• document is received: `BAs a part of the development plan, right - of -way along ,13.15` Street >will.be dedicated and I assume that likewise will require a separate. dedication agreement to be signed by CMC Properties, LLC.. The entry way from Meridian, Corners Boulevard to the CMC Properties. portion has to be resolved:by the: developer and the. City Engineer's Department and you stated that would be 'a condition precedent to. CH- Land's: permit being issued since access to • the dental building• is; from the road to be constructed. accessing CMC's parcel as I- believe the above accurately recites the'•objeetiyes to be met by the various . parties to the developments in order :for; each to proceed. I look forward to your comments. • Very- truly- yours; COOTS, HENKE & WHEELER, E. -Davis Coots EDC:wit cc: Craig Kaiser Greg Land • Bi11 Braman To: • • • .• CITY OF CARMEL Department of Community Services - One Civic Square Carmel, IN 46032 (317) 571 -2417 Fax: (317) 571 -2426 • From: F. 52- -538S Phone: me-4/6, ?s Re: Pages: Date: CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle y) August 9, 2001 0 1 . • City of Carmel Carmel City Council Annexation and Land Use Committee Attn: Wayne Wilson, Chairman RE: Pending CMC (Z- 363 -01) and CH 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). ONE CIVIC SQUARE Page 1 CARMEL, INDIANA 46032 317/571 -2417 0 • .• Copies of this transmittal will be provided to members of the Land Use and Annexation Committee this afternoon as well as Mr. Coots. 1 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 131st 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 1St 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. ONE CIVIC SQUARE Page 2 CARMEL, INDIANA 46032 317/571 -2417 0 • • 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, 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 ONE CIVIC SQUARE Page 3 CARMEL, INDIANA 46032 317/571 -2417 0 • June 19, 2001 Carmel/Clay Plan Commission Agenda CARMEL/CLAY PLAN COMMISSION June 19, 2001- DEPARTMENT REPORT 2i. 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. 3i. 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. The Special Studies committee voted 5 -2 to recommend approval of the Rezone applications of CMC and CH Land to the full Plan Commission. However, the DePauw petition remains tabled. The recommendation came back to the Plan Commission with conditions that the applicant construct the entrance in accordance with the rendering prepared by the City Engineer and that as before the applicant would be committing to the filing of future ADLS petitions on both tracts. Please find attached a copy of the intersection layout explored with the City Engineer. It is based on this "understanding" that the Department recommends that the Plan Commission forward the CMC and CH Land petitions (187 -00 Z and 186 -00 Z respectively) on to the City Council. However, the Department would like to see language regarding the intersection improvements and understanding as well as the future commitment to ADLS addressed in the form of a commitment or preferably contained within the rezone ordinance itself. The Plan Commission should remember that their capacity in this matter is in forwarding a recommendation to the City Council. The applicant should be prepared to offer this information to the Commission Tuesday evening. The Department would like to see this information prior to the meeting and have advised the petitioner of this. In addition the Department will make the Council aware our concerns regarding the nexus between the DePauw parcel and the granting of the rezone for the CMC petition. DePauw is the owner of the parent tract of real estate for both petitions. Ultimately this request will be in front to the City Council and the Department needs to see that they have all of the available information concerning the petitions including the recommendation from the Plan Commission. ONE CIVIC SQUARE Page 6 CARMEL, INDIANA. 46032 317/571 -2417 0 coots 1'• Henke. \TWhee1er ATTORNEYS AT LAW P 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. IVIANNS 3. KATFIRYN JENKINS DANIEL E. COOTS *CERTIFIED IMIEONTOR 255 East Carmel Drive Carmel, Indiana 46032.2689 317- 894 -4693 FAX: 317- 573 -5385 Jon Dobosiewicz Department of Community Services One Civil Square • Carmel, IN 46032 Rule 6, 2001 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 Diercicman Craig Kaiser Greg Land Very truly yours, • COOTS, HENKE & WHEELER, P.C., E. Davis Coots .��� Q' uV, 3N11 • adVn31noe S?13N2100 NVIO113w in or elevation on the referenced Flood mber 180081 0002 C the Flood Insurance Indiana. 11 doted October 18, 1999. Some of the and items need to be depicted on the ;quirements for ALTA /ACSM Land Title aunt to the Accuracy Standards (as he within plot also represents a survey urvey was performed on Dec. 03, 1999. / • ( 5/8' REBAR W /CA \yi• SET AT P.T. ,,fig. — 110.44 R = 54S.O0 \ \��$ \A SEE. DETAIL 5' PVC PLASTIC FENCE Q N4811'06'E \ \� 1.73' oi co. VP,, b ', \F n/1 v � DETAIL 111E PARKS A SPRING Lou.. P.C. NO 1. 5t \\ 5 /B' REBAR UMI UM MONO 00 56bsg6 199 9 s /8' REBAR w/ YELLOW p0` - CAP STAMPED SCHNEIDER PPARCEL 2RRM 1DDa1 SET ck- ESTRIDGE DEVELOPMENT TARP MANHOLE COMQANY, INC. PART OF CP' REBAR w /YEN Low �y-9 CAP STAMPED 'SCHNFJDER INbTR l 13389 O FIRM 10001 SET \ y4V VACANT LAND u W 1.87 ACRES 30' DU k SE PER PEAT LOT 1 5/6' REBAR W/ YELLOW CAP STAMPED 'S&A FIRM 10008' FOUND LOT 3 POINT OF BEGINNING. PARCEL 2 M THE PARKS AT SPRINGMILL SECTION 9 PC 2, SUDE 341 A! V W CORIER. NN 1/4 EC 26- 1101 -R03E SRI& N 11ON BOX CCMDM caw liftVE 41RVEk, '- ES PER PREVIOUS VW) 5/8' REBAR 1/ YELLOW CAP STAKED 'SCHNE0ER ENG FIRM 10001' FOUND RIGHT OF WAY MONUMENT 2.0'5 AHD 0.3E r.` ' CAP STAMPE \ ENG FRY 10 ss i \ 5/8' REBAR W/ YELLOW CAP STAMPED 'SCHNEIDER ENG FIRM 10001' FOUND'\ P ARCELI DEPAUW UNIVERSITY 80% INTEREST - EARLHAM COLLEGE 20% INTEREST PER INSTR #94 -04132 J L= 12B3.25'(OEED) CHORD = 1268.47 CHORD BEARING = VACANT LAND 19.44 ACRES ± RIGHT OF WAY FENCE UES GENERALLY ALONG UNE / orE SOUTH t11E'Nw 1/4 .19' SECTION 26 -T18N- S51'59'0 ' 31.10' 11 24' CMP / 58829'o7'W 16.50 §3"E _ • , -• CLEO:I: 131-ST STREET POINT OF BEGINNING PARCEL 1 '7538,3 MAC NAIL FOUND 45 RIGHT OF WAY '1D EPHON MANHOLE ELECTRIC ACCESS COVER 58829' 136E 0 • • I CERTIFICATION OF PLAN COMMISSION'S RECOMMENDATION ON ORDINANCE TO CHANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE No. Z. — 3 3 To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application of CH Land LLC, and CMC Properties, Inc., copy attached, petitioning the Commission to rezone the following real estate located in Hamilton County, Indiana, to -wit: approximately 1.88 acres located northwest of West 131st Street and North Meridian Street; and 9.42 acres located northwest of West 131st Street and North Meridian Street, more particularly described in the attached exhibit made a part hereof, from Zone Classification S- 2/Residence district to the B-5/Business District. The Carmel/Clay Plan Commission's recommendation on the petition of the applicant is FAVORABLE, with the following footnote: "Look carefully at the third parcel where there are plans for roadway improvements, currently on the City's Thoroughfare Plan, and the peititoner should be asked for a period of time to put the third parcel in abeyance for any development until the City and State have had an opportunity to finish preliminary planning and environmental study." At its regularly scheduled meeting of June 19, 2001, the Carmel/Clay Plan Commission approved the requested Rezone by a vote of 12 in favor, Leo Dierckman opposed, Pat Rice, no vote (out of the room when vote was taken). CARMEL /CLAY PLAN COMMISSION mona Hancock, Secretary DATED: June 29, 2001 //7:07.1f-1\4771a arilyn Anderson, Pr-sident RECEIVED CARMEL CLERK TREASURER 0 • • CERTIFICATION OF PLAN COMMISSION'S RECOMMENDATION ON ORDINANCE TO CHANGE THE OFFICIAL ZONING MAP FOR THE CITY OF CARMEL AND CLAY TOWNSHIP PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE No. 3 U 9� To: The Honorable Common Council of the City of Carmel Hamilton County, Indiana Dear Members: The Carmel/Clay Plan Commission offers you the following report on the application of CH Land LLC, and CMC Properties, Inc., copy attached, petitioning the Commission to rezone the following real estate located in Hamilton County, Indiana, to -wit: approximately 1.88 acres located northwest of West 131x` Street and North Meridian Street; and 9.42 acres located northwest of West 131x` Street and North Meridian Street, more particularly described in the attached exhibit made apart hereof, from Zone Classification S- 2/Residence district to the B-5/Business District. The Carmel /Clay Plan Commission's recommendation on the petition of the applicant is FAVORABLE, with the following footnote: "Look carefully at the third parcel where there are plans for roadway improvements, currently on the City's Thoroughfare Plan, and the peititoner should be asked for a period of time to put the third parcel in abeyance for any development until the City and State have had an opportunity to finish preliminary planning and environmental study." At its regularly scheduled meeting of June 19, 2001, the Carmel /Clay Plan Commission approved the requested Rezone by a vote of 12 in favor, Leo Dierckman opposed, Pat Rice, no vote (out of the room when vote was taken). CARMEL /CLAY PLAN COMMISSION - amona ancock, Secretary DATED: June 29, 2001 Marilyn Ander. o ', President RECENED kw 2 g ?nn! CARMEL CLERK TREASURER 0 AUG -09 -2001 THU 10:28 AM COOTS HENKE & WHEELER FAX NO 3175735385 COVENANT ATTENDANT REZONING ORDINANCE • P. 06 l 2-343- 01; 1 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 Carmel 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: My County of Residence: 1t: \E DC\cmcprd.wpd 13291 Notary Public Printed 0 AUG -09 -2001 THU 10:29 AM COOTS HENKE & WHEELER FAX NO. 3175735385 P. 11 i Z._ 364 - b 1 ; COVENANT ATTENDANT REZONING ORDINANCE CFI 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 attached hereto, Plan Commission approval of the architectural design, lighting, and signing pursuant to the U.S. Highway 31 Overlay Zone (Carmel Zoning Ordianance 23B.01 et seq) shall be obtained and adhered to by covenator. 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. CH LAND LLC 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: My County of Residence: R: \EDC\chlandd.wpd 13664 Notary Public Printed . viC }LE 1a00K& WELCH 1 .tm..,m NAL Ctusr$RA11.AY 1VC4NLti AT LAW 1 TARLISKFD 1933 t 4AMIIMf r,.3MVItUC.h IrrE l IOO D Nom ML• R(D1AN STREET 1 DIANAPOLIS. TND1A.ti4 1 :2011.1711L 1 .1 IMItE >I74634•7J9l1 1 MAIL mcwOrnchaieiaw,cnm rw.nulmietzv.eum 1 )KATY W, fiVTCCEY f WIEL P. DY &ON 1 IN OI PK L. SECER *IAEA L, EC:KFRLE f ON W. WELLTI j ANIAELv BVWM AN PL'n5R MILLER 5 )NEAT L. TACCART 5 orr R. L11r1 F noire B. Scum' J ?Fic55YT.IIr_vitfr'i 113JAA1 J, (;A1 ;1!tt,)R. { IWAM M. BRAMA.N J MEE). MCGRATH S C. CRACRAFT +RxJ. 1 O ANLOK 5 EPKANLLioDCE J K kCEPLEY KEEFER 5 EVEN HAWN N 5 E A. BEESLEY A Von thv M. Pmv.v. J %NItlPL F. F'I:RKY *11R K. T}IOMPSON C tYuD T. MC:6i KmY P Jrn A, filch } Km 11. KOt.7.r14 5 .. u R. MAL14FA C tAISTOPI IER Ji. Yc3RK P L.EY BERTOVX CREv LJNG ADI.EY D. }lASLER •COQM5EL C 111/AM F. WELc.N J. IIN 1. nu..ur:1 iAW, JR. Y: ANm:mSnrvv.K P IIJJI' A. •I•hKtCY P to R. ISLAc.K. <N S. CHAPf Ett L ILe VAN NxreAllax 6 .AC1A JEAN MEYER II rA ). BAUM/NI •. YIANMlI'I MI IN NNW. A.;.t�It::NM C 1g0,51N 11 ItANAVVIJF ANn)AU9FK June 21, 2001 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 -OOZ; 187 -OOZ; and 188 -OOZ Dear Mr. Molitor: This will confirm my voice mail 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 of property covered by Rezoning Docket No. 188 -OOZ (the "Reserved Property "). DePauw understands that this reservation would prohibit any development ofthe 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. 186-00Z 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. 0 1 v1 11 • J. 14 Yl v Alen a.• vvv i\ Mc}iALE LCR •a .. 1. as v1• • • • John Molitor, Esq. June 21, 2001 Page 2 As 1 also indicated in my voice mail 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 ifyou 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 AUG -09 -2001 THU 10:29 AM COOTS HENKE & WHEELER FAX NO. 3175735385 P. 12 0 • • Commitments Concerning the Use and Development of Real Estate STATE OF INDIANA ) ) SS: COUNTY OF ) Pursuant to IC §36 -7 -4 -615 and §31.6 of the Zoning Ordinance of the City of Carmel, Indiana, DePauw University (hereinafter, "DePauw ") makes the following Commitments to the Carmel Common Council (hereinafter, the "Council "). Description of Real Estate: [SEE ATTACHMENT LEGAL DESCRIPTION OF PROPERTY] Statement of Commitments: 1. DePauw acknowledges that the State of Indiana Department of Transportation (InDOT) is currently conducting an environmental assessment concerning possible future improvements to U.S. Highway 31 in Carmel and Westfield, Indiana, but that InDOT does not expect to issue a final Environmental Impact Statement pursuant to this assessment until 2003. DePauw further acknowledges that the City of Carmel's Thoroughfare Plan, which while not binding must be given due consideration by InDOT, calls for a highway interchange to be constructed on or around the subject Real Estate, and that this proposed interchange will in all likelihood necessitate that all of the subject Real Estate be eventually taken by InDOT. 2. DePauw commits that any Development Plan that it submits to the Carmel Clay Plan Commission, pursuant to the Carmel Clay Zoning Ordinance, will reserve for acquisition by InDOT all of the subject Real Estate described above. 0 AUG -09 -2001 THU 10:30 AM COOTS HENKE & WHEELER FAX NO. 3175735385 P. 13 • 0 3. Whenever DePauw believes that the reservation of the stihjeet Real Estate pursuant to Paragraph 2 above would result in the loss of all reasonable and beneficial use of or return from the subject Real Estate, then DePauw commits that it shall, before filing an inverse condemnation claim or any other action against the City of Carmel or the Council on account of such loss, request from InDOT a hardship acquisition, or protective purchase of the subject Real Estate, pursuant to 23 CFR §710.503. 4. These commitments shall expire six (6) years from the date of execution of this commitment; or on the date that InDOT issues a final Environmental Impact Statement showing that the subject Real Estate will not be taken by InDOT, whichever is earlier. Binding Effect: These Commitments are binding on DePauw, each subsequent owner of the Real Estate, and each person acquiring an interest in the Real Estate, unless modified or terminated by a decision o f the Carmel Clay Plan Commission or its successor made at a public hearing after notice of the hearing has been given under its rules of procedure, or unless the Real Estate is rezoned to a different zoning classification. Recording: 'l'he undersigned authorizes the Director of the Department of Community Services to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. Enforcement: DePauw hereby agrees to comply with these Commitments, and acknowledges that, should it fail to comply with these Commitments, then the Council's approval of the rezoning of the Real Estate to the B -5 Business District, in connection with which these Commitments have been AUG -09 -2001 THU 10 :30 AM COOTS HENKE & WHEELER FAX NO. 3175735385 P. 14 • • • • requested, shall be null and void. These Commitments may be enforced by the Council or by the Director of the Department of Community Services of the City of Carmel, Indiana. IN WITNESS WHEREOF, DePauw has executed these Commitments this day of , 200_ DePAUW UNIVERSITY By: Printed Title 0 AUG -09 -2001 THU 10:30 AM COOTS HENKE & WHEELER FAX NO. 3175735385 P. 15 • • • • STATE OF INDIANA ) COUNTY OF ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared , who acknowledged the execution of the foregoing Commitments on behalf of DePauw University. WITNESS my hand and Notarial Seal this day of , 20 Signed: Printed: Notary Public My Commission Expires: My County of Residence is: This instrument was prepared by John R. Molitor, Attorney for Law, 11711 N. Meridian St., Suite 200, Carmel, Indiana 46032. R: \UDC \dcpaua.wpd 13683 0 AUG -09 -2001 THU 10:30 AM COOTS HENKE & WHEELER • • • FAX NO. 3175735385 P. 16 ZONING DESCRIPTION i • 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 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 comer 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 973.49 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 Recorder's Office; thence continuing along said right of way line North 48 degrees 11 minutes 06 seconds East a distance of 125.88 feet to a curve to the right having a radius of 455.00 feet; the radius point of which bears South.41 degrees 48 minutes 54 seconds East (the next two courses are along said right of way); (1) thence northeasterly along said right of way line and curve an arc distance of 142.30 feet to a point which bears North 23 degrees 53 minutes 46 seconds West from said radius point; (2) thence North 66 degrees 06 minutes 14 seconds East a distance of 830.21 feet to the east line of the said Northwest Quarter; thence South 00 degrees 22 minutes 50 seconds East along said East line a distance of 248.57 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 40 degrees 24 minutes 40 seconds East a distance of 2436.83 feet; thence southwesterly along said right -of -way line and curve an arc distance of 1283.37 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 16.50 feet to the POINT OF BEGINNING, containing 19.44 acres, more or less. 0 AUG -09 -2001 THU 10 :31 AM COOTS HENKE & WHEELER FAX N0, 3175735385 P. 17 • • EXCLUDING THE FOLLOWING DESCRIBED REAL ESTATE 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. I -1. 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 16.50 feet to the beginning point, containing 9.42 acres, more or less. M:UEdc\depauwa.wpd 13683 One Civic Square Carmel, IN 46032 (317) 571 -2417 Fax: (317) 571 -2426 To: Fax Phone: Re: From: Date: P.v,w 'ac7 CC: ❑ Urgent CI For Review 0 Please Comment ❑ Please Reply ❑ Please Recycle C413 1 —tYJ. 11 • 1G 1.1'1,111-11,E. 1.,VVA MCHALE COOK & WELCH PROFESSIONAL CORPORATION TO: FROM: DATE: roe L V IL CHAMBER OF 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 MCI-IALE COOK & WELCH AND CHAPI'ELL 212 WEST SIXTH 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 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 the individual(,$) or entity named above_ If you are no: 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. Plank you. VIcHALE 1:00K & WELCH 1 .014.'JIONAL (101..TO 110.Y 1•101LNAYA AT TAW 1 TASLISKCD 1933 c 4,041111110; Cr+M.v3U1r.11 I ALDiNG mE 1I00 :O NORTH ML•RIDIAN STREET 1 DIANAPOLIS, INDIANA ::04•t7u1 ,WlMILE i1744;34.7)m 1 MAKrncwOmc1,iehw.corn wcmch+llctavrr+m 1 )NAUf W. it /TI'CE? ( tram 1! tiYRON 1 LNWLPH L SECER ICI IA IA L. E<:1,,5R P. :IAN W. WELCH j ANpg4w Ik1mMAN t +CTCR M141ER 1 )EEAT L TAGCART 01T R. 11.1sx 1 )BERM' Pi. Sriiee J ?hctYT.Br_vnlfri 1131AM J. �A1i1(Y, JY, I !LUAM M. BRAMAN J MSS 1. MCGRATH S EVEN C. CRAG,EAFT A ARK J. RommslDK 5 CPHAN L 1IO0GE J A KL•PLEY K eFER 5 cvry D.11ARLIN 5 E A. BEESLEY Wilit'W M. Pull: J vomit f. rl:¢Rv J .11FL'R K. T11OMPSON Ivan T. Nterwmt455Y P Rr4 A. 1114.41 J. 11N T.L. KwlwU; e 10 R. MA:A.1;x C IRISTDPI IER M. YORK 1 SLEY BEKtILM CRENCLNC AMC/ D, IIASLER < 'COLIN5CL RLIA.SI F. WELCH J IIN I. IIIIAt1M IAV+. J4, ANwwlll:'17 S'T:11'1J P LLLP A. 't't.I /Icr P ILR.Burs" 31 :045. C.+uPo,eu L lie VAN NA:rt.Ri:t G .ACIAJEAN MEYER 11 rA J. BALUV+IN •i 1+11.11,1 M IN n.,.A,A A C.,,WAMA c 4 ;IBC 1N If 1IANAPVI,IR AN11 JA:PI'I June 21, 2001 Via Facsimile (317) 843-5514 John Molitor, Esq. Molitor & Grisham, P.A. 11711 North Meridian Street, Suite 200 Carmel, IN 46032 Re: Carmel/Clay Plan Commission - DePauw Rezoning Petitions - Docket Nos. 186 -00Z; 1.87 -0QZ; and 188 -00Z Dear Mr. Molitor: This will confirm my voice mail 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 of property covered by Rezoning Docket No. 188.00Z (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. 186-00Z 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. COOK & McfiALE WELCH VVV3\ .,. TV LL VAL 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 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. Please give me a call if you have any questions. Very truly yours, /cairn 14 fftA4 - William M. Braman WMB/bb cc: E. Davis Coors, Esq_ (via facsimile) Greg Land, Esq. (via facsimile) Mr. Craig Kaiser (via facsimile) Mr. Richard Speller (via facsimile) J. Peter Miller, Esq. 256808 June 19, 2001 Carmel/Clay Plan Commission Agenda CARMEL /CLAY PLAN COMMISSION June 19, 2001- . DEPARTMENT REPORT 2i. 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. 3i. 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. The Special Studies committee voted 5 -2 to recommend approval of the Rezone applications of CMC and CH Land to the full Plan Commission. However, the DePauw petition remains tabled. The recommendation came back to the Plan Commission with conditions that the applicant construct the entrance in accordance with the rendering prepared by the City Engineer and that as before the applicant would be committing to the filing of future ADLS petitions on both tracts. Please find attached a copy of the intersection layout explored with the City Engineer. It is based on this "understanding" that the Department recommends that the Plan Commission forward the CMC and CH Land petitions (187 -00 Z and 186 -00 Z respectively) on to the City Council. However, the Department would like to see language regarding the intersection improvements and understanding as well as the future commitment to ADLS addressed in the form of a commitment or preferably contained within the rezone ordinance itself. The Plan Commission should remember that their capacity in this matter is in forwarding a recommendation to the City Council. The applicant should be prepared to offer this information to the Commission Tuesday evening. The Department would like to see this information prior to the meeting and have advised the petitioner of this.. In addition the Department will make the Council aware our concerns regarding the nexus between the DePauw parcel and the granting of the rezone for the CMC petition. DePauw is the owner of the parent tract of real estate for both petitions. Ultimately this request will be in front to the City Council and the Department needs to see that they have all of the available information concerning the petitions including the recommendation from the Plan Commission. ONE CIVIC SQUARE Page 6 CARMEL, INDIANA 46032 317/571 -2417 Coots Henke fWheeler :ATTORNEYSAT LAlf?;:P;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 SENCHOR A. MANNS J. KATHRYN JENIONS 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 Rule 6,2001 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 Dierckrnan Craig Kaiser Greg Land Very truly yours, COOTS, HENKE & WHEELER, P:C, E. Davis Coots cr,A. —' c, '„V; 3■n • U W31n0e S213N803 NVI01I3Y1 in or elevation on the referenced Flood mber 180081 0002 C the Flood Insurance InSiona. 11 doted October 18, 1999. Some of the and items need to be depicted on the ;quirements for ALTA /AGSM Land Tide 'scant to the Accuracy Standards (as .he within plat also represents a survey urvey was performed on Dec. 03, 1999. J w. CORNER. NW 1/4 EC 26- T18N -R01E SINE N IRON BOX Q7Cf URS4\ i3 PER PREVIOUS ,URVEY) / • /, �W 3 99 j /'�' // U▪ M UM MONO T OD r �_ ( _ 110.44 • 545.00 5/8' REBAR W /CA SET AT P.T. s ire 4, rto h CI u v N4811'06'E \ 4 \�� \ SEE DETAIL 5' PVC PItiS1IC>, FENCE / / DETAIL 5/8' 80900 W/ YELLOW 00O - CAP 5TAMPED SCHNEIDER • // cb PARCEL 2 10001' 5E1 ck- LbiRIDGE, DEVELOPMENT iARY YANNOIE MANY, INC. /B' REBAR w/ YEILow PART' OF CAP STAMPED 'SCF4IEIDER INSTR x`94 -13389 ▪ o FIRM 10001• SET VACANT LAND /r 1.87 ACRES `J • • •• 1V THE PARKS A SPRNG MILL, P.C. NO 1, Si �ttiF \ 5/8' REBAR 8/ YELLOW CAP SIMPER. 'SCHNE'IOER ENG P188 10001" FOUND\ ,\ 5/8" REBAR CAP STAMPE \ ENG Fitt 10 :y M CHORD - 1268.41' u PARCELI Clam BLACK • DEPAUW UNIVERSITY 80% INTEREST - EARLHAM COLLEGE 20% INTEREST PER INSTR #94 -04132 15' RIGHT OF WAY PER PLAT 30' DU & 5E PER PLAT LOT 1 070 SOUTH IRE NW I/4 19' SECTION 26 -T18N- lqk 5/8' REBAR W/ YELL CAP STAMPED 'SETA FlRY 10008' FOUND Dw /� 4.\ ra\\ �. // 4 .\` LOT 3 POINT OF BEGINNING. PARCEL 2 43 THE PARKS AT SPRINGMILL SECTION 9 PC 2, SUDE 341 LOT 2 25' DU & 5E PER PLAT 5/8' REHAB w/ YELLOW —CAP STAMPED 'SETA FRY 1D008' FOUND NO1'30.43 W 45' RIGHT OF WAY 5/8' REBAR W{ YELLOW CAP STAMPED SCHNEIDER ENG FIRM 10001' FOUND RIGHT OF WAY MONUMENT 2.0'SAND0.3E TV `1I 112' CUP TELEPHONE MANHOLE ELECTRIC ACCESS COVER W1' VACANT LAND 19.44 ACRES t RIGHT OF WAY FENCE UES l GENERALLY ALONG S51'59'0 ' 31.10' 1 16.50 §3p =-= —_ • 131 -.ST STREET PARCEL 1 55783 NAG NAIL FOUND TV — / 5/8' REBAR FOUND 03' w 0,20, SB829' 24' CMP / 53679'07.W 1361 ELECTRI 1'E MANE POINT OF BEGINNING I MAY -15 -2001 TUE 03:25 PM eTS HENKE & WHEELER FAX NO. 3 735385 P. 01 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: May 15, 2001 a Pages, Including Cover Sheet TO: Laurence Lillig, Jr. COMPANY: FAX NO. 571 -2426 FROM: E. Davis Coots SUBJECT: CMC Properties, CH Land and DePauw University COMMENTS: HARD COPY Will be sent via Regular Mail 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:1WI,T1 AXCOVER\lillila.wpd ,MAY -15 -2001 TUE 03:26 PM CAS HENKE & WHEELER Coots heeler u °r�x;ern�.II;..tu. E. DAVIS Cams• SCEYIiN 11, HENKE JAME•.s K. WI r.R1.RR" I . JAY elni 'S JAMIS 1). CRUM Jtii,rKr•.Y S. !iris EI- I'I,ARIi n{ I. VAN TASSEL. JANIC:E R. MANNA* MA'1'11iLw L. HINKLE SENGHOR A, MANNS J. KA9'I IRYN JENKINS DANIM, E. (./OO'PS �GRR'111 %IIiU MEUTA"I'OR 255 East Carmel Drive Carmel, Indiana 46032 -2689 317 - 8444693 FAX: 317 -573 -5385 Mr. Laurence Lillig, Jr. Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 FAX NO, 3.1 35385 May 15, 2001 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 1315` 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 a Suite 200 • Carmel, IN 46032 (317) 843 -5511 • Fax (317) 843 -5514 johnrmolitor @prodigy.net s debragrishaml @prodigy.net • hester4586 @aol.com ZO'd t'ISS— 178 LIE - 491SeH 2 to gsi...tg `.40141 0W dIZ =to 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 £O'd t'ISS -£t78 Li£ aa1saH u egs!.„l9 `.,4.01.L LOW dEE :t'o TO- ii -A'eW 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 niet: (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. tO'd t'ISS -Ets8 LIE ..ral.saH *g uneysL..iO `.,ro.4LLow dZZ =t7O iO- it -Xpw 1 JOHN R. MOLITOR ATTORNEY AT LAW 11711 NORTH MERIDIAN STREET CARMEL, INDIANA 46032 TELEPHONE: 317- 843 -5511 OR 317-506-8 TELEFAX: 317 - 843 -5514 FACSIMILE TRANSMITTAL SHEET TO: Mike Hollibaugh FROM: John Molitor COMPANY: City of Carmel DATE: May 11, 2001 FAX NUMBER: 317 -571 -2426 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. LO'd tISS —£t8 LIE aal.saH V WE4SL..1 `.AO4L LoW dIZ: 'O 05 -01 -01 15:53 MCHALE COOK & WELCH vIcHAI,E :OOK & BELCH 101t1NUNALC I'URATIC»»• 7Twtt P.Y,Y AT LAW yala,IxT flit> 1931 HAMIIT OPCOMMERCE U111111Ji 11TE 1IGO ?0 NORTH MERIDIAN STREET : 1I) ANAPOLIS, INDIANA • S20.4.1781 .7.636.7 >811 1 USIM1LE )17•634.7598 I )MIL mev,(Om<hAlcil4...rnn1 --.nK! dc�w.wm UNA1.1) W. 11VTTR1i7 ANll:t. P HYK<IN I %Na11JN11..Sccr.R 1 K,,IAII, I, E<;KL'iUi I NAN W Wcuyl AN »KVw $OWMAN J P'TPR MILLER 1 'AMU 1. TACMOAR"' MT A. LEIS/. 1 :1xJiitY D. .S,'(.ONI. 'I I.11AMJ, KAL1I31,J11, ' 'l1.LIAM A'1. SMAMAN MICS). MCGRA11I 11VIN Ci, C:R ACiRAIT I ApK J. RO%,ANIVIC 11P11AN 1.. HVI)011 J N KI:PLEY KBLH:R EVEN U. HARDIN 5 Ifi A. BEEiLEY I AVk nfoif M.Pia.E J NN1rt f, YiIKRy J NNIPER K. THOMPSON 1 1VID T. MCC IMPSEY 1 :MI A. Mel ) +... 7.L KOENc 1 tAD R. MAUREA < 1xl.N1 Orllrx M. Yeno( 1 ,pier BI(VIculx <RI:VLLINti 1 IA I11.Rr n, HAM.I.N tLLIAM F. Watts J HN 1. IIRADSHAW. JR. E ANDREW STEI•')'FN 1 IILLWI' A. TERRY 1 ,V1. K. MACK' ItN S. cI IAVI' V. 1 Am: VAN NATTA RIO( < (At:IA.)I:AM METER 1 rA J. IIAU)IIN .V, Andorra. sod Mount, e C•1 iAAKiA ( :FIC.L, IN 1 MANAm1.Li ANA)Jtiif1'.h May 1, 2001 ID= 3176342925 • John Molitor, Esq. Molitor & Grisham, P.A. 11711 North Meridian Street, Suite 200. Carmel, IN 46032 P02/03 Via Facsimile (317) 843 -5514 Re: Carmel /Clay Plan Commission - DePauw Rezoning Petitions - Docket Nos. 186 -00Z_; 187 -00Z; 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 (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 MciALE 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, Ljleto,ee, texafitx7A_ 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 ri vv, vi MVO UO. JU rAA J1 /00 /b /J3 April 29, 2001 TCE 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 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 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. Z 002 04/30/01 MON 08:30 FAX 3175876735 TCE NATL ACCT SALES 4 003 • 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 -o - P , , CJs- ?'r .. 77> .. d UY DE. 164 0"1 Ael, PFC2Y . c- -4-Ict tic. w -n4. 9 O SH b p 01,'E.wo -'. ...% 2..& ? . 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