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Home My WebLink AboutLetter from Krieg Devault LLC 11-30-18 I€J KRIEG I :EVAULT® WWW.KRIEGDEVAULT.COM November 30,2018 Christopher Engel Direct Dial: (317)238-6230 E-mail: cengel@kdlegal.com Sent via U.S. First Class Mail r - and email(jshestalacarmeLin.Rov;alopez(a,carmeLin.Qov) FT M7- City of Cannel Plan Commission DEC �0 3 2018 '; i. Residential Committee Attn: Michael Casati,Chairperson! c/o Joe Shestak Cannel City Hall,2nd Floor One Civic Square Cannel, IN 46032 RE: Docket No. 18100001 PUD: 106th and Ditch PUD Rezone Dear Mr. Casati: Our Finn has been retained by Crooked Stick Owners Association Inc. ("CSOA")with respect to the above-referenced Docket Number which is to be considered at the December 4, 2018, Residential Committee (the "Committee") meeting, relating to JJB Development, LLC's ("JJB") petition to rezone twenty-seven (27) acres to Planned Unit Development in order to develop approximately thirty-six (36) single-family dwellings located at the northwest corner of 106"'Street and Ditch Road. Enclosed with this letter are the following three documents: (1) the current site plan of the proposed development by JJB, (2)the First Amendment to the Declaration of Covenants and Restrictions of Spring Run Estates and(3) a document generated from the Hamilton County GIS showing the portion of JJB's proposed development located on property subject to the Spring Run Estates Declaration. Please note that CSOA legally encompasses Spring Run Estates. Pursuant to Section 1, Paragraph 18 of the First Amendment to the Declaration of Covenants and Restrictions of Spring Run Estates, "Access to any of the dedicated streets of Spring Run Estates are for the purposes of private driveways servicing one single family residence only and no parcel,platted lot or block designated on the original plat recorded September 16, 1965 shall be used for a street or driveway,public or private, to access any adjacent property to the described real estate." The current site plan for JJB's proposed development will violate the above-stated provision of the Declaration as the proposed street must run through the highlighted lot on the enclosed Hamilton County GIS document which is subject to the Declaration. In short, JJB, as the future owner of the highlighted lot on the Hamilton County GIS document,will violate the Declaration by attempting to connect the proposed street to Crooked Stick Lane. Despite JJB's inability to connect to Crooked Sick Lane due to the restriction in the Declaration, JJB can satisfy the zoning requirement to have two (2) access points via 106`" Street and Ditch Road where access points to the subject parcel currently exist. 12800 NORTH MERIDIAN STREET, SUITE 300, CARMEL, IN 46032-5407 T 3 I 7 5 6 6 I I I O F 31 7.636.1507 r III MERITAS LAW FIRMS WORLDWIDE City of Carmel Plan Commission Residential Committee • November 30,2018 Page 2 It is CSOA's understanding that JJB may consider revising the current site plan in such a manner to only request emergency access to Crooked Stick Lane. CSOA would object to such a revision to the site plan of the proposed development because such revision would still violate the Declaration and because there would be emergency access to the proposed development via both 106th Street and Ditch Road. In addition to the aforementioned access issue, CSOA has several additional concerns with the proposed development including, but not limited to, the proposed density, the setback between homes, architectural standards, the proposed tree preservation plan and proposed landscaping plan. In light of these concerns, CSOA respectfully requests that the Committee table consideration of JJB's petition until the Committee's January meeting to allow CSOA and JJB to work through these issues in an effort to reach a mutually-beneficial resolution. Members of CSOA have had initial conversations with Mr. Jamie Browning of JJB and based off those conversations CSOA believes there is a strong chance for the parties to reach a compromise. If the Committee requires or would like any additional information or documentation regarding CSOA's request,please contact me and I will be happy to provide the same. Thank you for your consideration. Sincerely, Christopher Engel Enclosures cc: Alexia Lopez,Carmel Planning Administrator(via email) Alex Jordan, Cannel Engineering Department(via email) John Thomas,Cannel Engineering Department(via email) Chris Ellison,Office of Fire Chief, Fire Station#1 (via email) Crooked Stick Owners Association Inc.(via email) Paul G. Reis, Esq.(via email) Timothy E. Ochs,Esq.(via email) KD_9869356_2.docx LEGEND N o11 un• ^v//////U// //////////l1/////F _kl n. li^I ----- - — V I9! .am.._,.. I I8 ,' 29,385 SF N 10 I 1 —— —— w..,.,:s....,.,...,e, — 33.6725E I �. I � 32.721 SF�p 2467• I I 1 2924 SF ;t\` 0 p 11 % / i �� . ./" 29.0295E i 1 0 .44 442.14.42.....4 42 e....4••+.n • 62 xs E 313 I I II • N 22,603 SF I 12 I M II I I H 26,504 Sf .._ 22,680 SF III3- S1l3N :. 24>r , , 13 k 4 . II`.1 I• 26.553 SF 1 23,603 SF y\1\ �3 74 =... r".. I. wrier s v. 243 \\`\\� 2+688 SF Y /�24N v. 46 11P Sm n• a! s✓ �44=41ue — 1 / ]D,1005F RL,UMIRR r � d 22.0915E ds \ ,r, 3 I �i 1 8 2 F 3 1`111 n`'.--- -- — I RESIDENT�I EET CROSS-SECTION I / 20,1035E 20,2555E 0,. EDD 3m_.. IDD' 3m ,l6,�J 28.035 SF 'II in 22510 SF ;. IAL STR �' �'= 16n 179 189 19g 208 21 % _ �L_.. - • ` 18,673 SF E•03 4r •1J2 18,71551^ 17,913 SF 17,970 SF 18,000 SF 18,0005E 18,0015E 51,r:.� �' 024 u• .1 OS. -�•-� - .31'M `1-'1'� •.`;3.13. l.7! 37 1m IOD' lm 9! j /</.-7�-- 36 23.074 SF- a� -4 �- -;i' • -`•3F 35 a 34 3.6r _� _A5,�`.6• 7te,00zsc" --t., 24 a 0' -E• 18,000 SF 33 s 32 21.9445E '2,,.. 18 OW 6Py 31 30 29 8 28 8 27 9 26 25 o 32 II .15.3005E 15,300 SF 15,3005E 15,30051 15,323 SF 21,293 SF I O • 3m 19,016 SF l a T \ S 6' FS 3 MOWN AKA C L,39063 • _//nil z /— _��r06THS TREET ??4EJ 0563631,0449661 WILLIAMS CREEK 106TH AND DITCH-DEVELOPMENT PLAN ' Browning CONSULTING a V3 CoMpeny �n X FIRST AMENDMENT TO THE DECLARATION OF COVENANTS AND \ ) RESTRICTIONS OF SPRING RUN ESTATES t Instru.ent 1 C J -.200200035601 eicr4 akoc.e eco, loe ° 200200035601 • ° This First Amendment to the Declaration of Covenants and Restrictions of Spring Run " a Estates is made this /i day of 0444 ,2002 by the owners of at least two-thirds (2/3)of the twenty-seven(27)lots located in Spring Run Estates,the legal description of the real estate platted into twenty-seven(27)lots attached hereto as Exhibit A and the amendments are as follows: n WHEREAS,106th-Ditch Corporation executed and recorded the Declaration of Restrictions and Dedications for Spring Run Estates,Section 1 on August 31, 1965;and • WHEREAS,the Covenants provide in Paragraph 16 that the Covenants may be amended by the owner or owners of at least two-thirds(2/3)of the lots in the Section of this subdivision affected by such amendment;and WHEREAS,the owners of lots numbering in excess of two-thirds(2/3)of all owners' desire to further amend the Declaration of Covenants and Restrictions by adding Paragraph 18 to assure that any point of access to any of the platted streets of Spring Run Estates•are for private driveways serving one single family residence. IT IS NOW THEREFORE AGREED,by the required percentage of lot owners of Spring Run Estates,Section 1,that a Paragraph 18 be added to the restrictions and dedication for Spring Run Estates,Section 1 as follows: "18". Access to any of the dedicated streets of Spring Run Estates are for the purposes of private driveways serving one single family residence only and no parcel, platted lot or block designated on the original plat recorded September 16,1965 4 •shall be used for a street or driveway,public or private,to access any adjacent property to the described real estate. IN WITNESS WHEREOF,the foregoing amendment to the Covenants and Restrictions of Spring Run Estates have been executed on the date in here first above written. 1 200200035601 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 05-14-2002 12:00 pm. LOT 1: - LOT 2: AMEND DECO 37.00 :gnatures Signature LOT 3: G/� � 41 LOT 4: diff ktiAr I: a a da4o021-( ✓ S = at .11) Z4136E:xA This instrument prepared by E. Davis Coots, Esq., COOTS HENKE & WHEELER, 255 E. Carmel. Drive, Carmel, IN 46032 • • • ', l Hamilton County, Indiana Iit ir ; L---, Regal Dr I ,p•_ - RUN TAT ES i VI ■ OC Carmel 0 :1 C"-1Ycf.117, U In o t 1 V 1011111 11111111 i W 106th St - ----- --- November 30, 2018 1:2,760 0 0.0225 0.045 0.09 mi Parcels ATLANTA FISHERS [_! WESTFIELD I 1 r r 11 0 0.035 0.07 0.14 km Corporate Limits • CARMEL II NOBLESVILLE �_! ARCADIA r i CICERO • SHERIDAN �'— Author:Hamilton County I-Inmilinn('niinhr rrvnndori f hic mnn Glfhninh cfrirfrn,rar,,eta nri arri,have heon o mn l micrl laamillnn(`n,nfv'inn,nrd warrant nr ni is roman fI, rriirarrr,of fFn infnrmn,nn nnntnincrl heroin a1 rlicrlaimcarnr arv1 ell linhilihi roe,ltr,from anrorrry nr nmicc,m ''E ' " .v* US.POSTAGE>>PITNEY BOWES r + It) KRIEG :EVAULT. :1 . `f � ' �'- ti aa� 12800 NORTH MERIDIAN STREET, SUITE 300, CARMEL, IN 46032-5407ZIP 46032 $ 000.680 .7 02 4VV 1. a_4A 0000361 142 NOV 30 2018 City of Carmel Plan Commission Attn: Michael Casati, Chairperson c/o Joe Shestak Carmel City Hall, 2nd Floor One Civic Square Carmel, IN 46032 4Ec 2:TE.E _ ^,..... JJiJ''11'i,f1f1!hJJJJ1J;dJ;!JJ+J'1'I;JJJJIJ1jii1JJ,iJff1i,{1fs