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Home My WebLink AboutCorrespondence ... ~ NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JAMES J. NELSON CHARLESD.FRANKENBERGER JAMES E. SHINA VER LAWRENCE J. KEMPER JOHN B. FLA 1T FREDRIC LAWRENCE DAVID 1. LICHTENBERGER of counsel JANE B. MERRILL 3105 EAST 98TH STREET SUITE 170 INDIANAPOLIS, IN 46280 317-844-0106 FAX: 317-846-8782 www.nf-1aw.com February 17,2006 ~ RECENED H.B , 7 'LOOn DOCS VIA HAND DELIVERY Angie Conn, Planning Administrator City of Carmel, Division of Planning & Zoning One Civic Square Carmel, IN 46032 RE: Arden Townhomes - Development Standards Variance Request Docket No. 06020009V Dear Angie: In response to your e-mail dated February 10, 2006 regarding the above-referenced matter, please find the following enclosed items: 1. Six (6) additional informational brochures for distribution to the BZA members. Please note, I previously submitted three (3) brochures to your office, and Connie advised me that I should submit six (6) additional brochures for this matter. 2. My understanding is that Sara Nasuti paid the filing fee on Tuesday, February 14, 2006. If this is not the case, please advise me immediately. 3. A copy of the Public Notice that was sent to the Indianapolis Star for publication. The Star confirmed receipt of the Notice, and confirmed that it will be published by February 17,2006. 4. A copy of the official list of the adjacent property owners from the Hamilton County Auditor's office. Please note, these owners will be mailed a copy of the notice by certified mail and this mailing will be sent out on February 17,2006. .. Please note, by early next week I will file with you the other items listed in your February 10th email and I will also bring to the BZA Hearing Officer meeting completed Findings of Fact sheets and ballots for this matter. Please contact me if you have any questions. Very truly yours, NELSON & FRANKENBERGER, P.C. J JES/kat Enclosures CC: Sara Nasuti, wi exhibits, sara@buckingham-co.com H:\brad\Buckingham\Arden\Conn 021506.doc II o o BUCKINGHAM COM PANIES February 17, 2006 '- ------ -- Ms. Angie Conn Planning Administrator City of Cannel One Civic Square Cannel, IN 46032 Re: Arden Townhomes, Docket No. 06020009 V Dear Angie: I am enclosing nine (9) copies of the Buffer Yard exhibit pertaining to the Arden Townhomes variance petition, Docket No. 06020009 V. This exhibit is provided in addition to the Application for Board of Zoning Appeals Action and corresponding brochures for this matter that were delivered on February to, 2006 by James Shinaver of Nelson & Frankenberger. Please distribute this exhibit to the BZA members in advance of our February 27 hearing. Thank your for your help. Sincerely, BUC~GHAMCOMPANffiS 5~ A.)~ Sara C. Nasuti Development Manager Enclosures cc: David Leazenby, Buckingham Companies Jim Shinaver, Nelson & Frankenberger 333 N. Pennsylvania Street IOth Floor Indianapolis. IN 46204 P 317.974.1234 f 317.974.1238 www.buckingham-co.com w o Page 1 of 1 Conn, Angelina V From: Sara Nasuti [sara@buckingham-co.com] Sent: Friday, February 17, 2006 11 :26 AM To: Conn, Angelina V Cc: Jim Shinaver; David Leazenby Subject: Arden Townhomes - Docket No. 06020009 V h I "";;;" i REct\\lED H.B \ 7 ?~UD UOCS / /~ , ./ Angie- I am attaching the Buffer Yard exhibit pertaining to the Arden Townhomes variance petition, Docket No:'06020009 V. This exhibit is provided in addition to the Application for Board of Zoning Appeals Action and corresponding brochures for this matter that were delivered on February 10, 2006 by James Shinaver of Nelson & Frankenberger. I will also send to you today nine (9) hard copies of the attached documents so that they can be distributed to the BZA members in advance of our February 27 hearing. Please let me know if you have any questions, or require any additional information. Thanks, Sara Sara Nasuti Development Manager Buckingham Companies 333 N. Pennsylvania Street. 10th floor Indianapolis. IN 46204 (317) 974-1234 ext. 232 (317) 974-1238 fax sara@buckingham-co com 2/1712006 Arden Townhomes ADLS/DP U120012 Buffer Yard Issue on Eastern -uerty Line Page 1 of2 Conn, Angelina V From: Brewer; Scott I Sent: Friday, February 10,20062:15 PM To: Conn, Angelina V Subject: RE: Arden Townhomes ADLS/DP 05120012 Buffer Yard Issue on Eastern Property Line Angie: It is not my first choice. It relies on the bufferyard being maintained by someone else on their property. We tell everyone else they can not do that. I would hope that they provide some assurance and agreement from the school that the school would maintain the forested buffer. We should take some steps that this type of thing would not continue to happen because it could make our bufferyard requirements useless. But if it does happen, the school has to be aware of it, and agree that it will remain forested. Scott Brewer, City Forester Environmental Planner, DOCS City of Carmel, One Civic Square Carmel, IN 46032 PH: 317-571-2478 FAX: 317-571-2426 From: Conn, Angelina V Sent: Friday, February 10, 2006 10:55 AM To: Brewer, Scott I Subject: FW: Arden Townhomes ADLSjDP 05120012 Buffer Yard Issue on Eastern Property Line Importance: High Scott: are you in support of this variance for Arden town homes? Angie Conn, Planning Administrator Division of Planning & Zoning Dept. of Community Services City of Carmel p. 317-571-2417 f.317-571-2426 aconn@carmel.in.gov From: Jim Shinaver [mailto:JimS@NF-LAW.COM] Sent: Wednesday, January 25,200611:24 AM To: Hollibaugh, Mike P Cc: Brewer, Scott I; Conn, Angelina V; David Leazenby; Sara Nasuti Subject: Arden Townhomes ADLSjDP 05120012 Buffer Yard Issue on Eastern Property Line Importance: High Mike, Scott, Angie, David and Sara - Mike and I discussed the eastern buffer yard issue as it relates to the PUD Ordinance and the School property to our east. Mike advised that if we intend on utilizing the School property for the buffer yard based on the existing tree lines on their property, we would need to seek a variance from the PUD Ordinance. However, my understanding in discussing this with Mike is that we would be permitted to seek this variance from the BZA hearing officer. 2/1 0/2006 Arden Townhomes ADLS/DP a20012 Buffer Yard Issue on Eastern oerty Line Page 2 of2 Angie, Mike advised me to contact you regarding who will be the hearing officer and when the hearing could occur. My hope would be to notice the hearing officer BZA meeting a 2/21 hearing date (this would be the same night as the Plan Commission Meeting and we could conduct the BZA hearing officer meeting at 5:30 pm). My understanding from Mike is that the BZA hearing officer meetings only require 10 days advance notice by publication and mailing. Mike suggested that Leo or Madeline may be the hearing officer. Angie, please contact me to discuss these issues. Thanks. jim James E. Shinaver Nelson & Frankenberger 3105 E. 98th Street, Suite 170 Indianapolis, In. 46280 ph. 317/844-0106 fax 317/846-8782 2/10/2006 w NELSON & FRANKENBERGER A PROFESSIONAL CORPORATION ATIORNEYS-AT-LAW u JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES E. SHINAVER LAWRENCE J. KEMPER JOHN B. FLATT FREDRIC LAWRENCE DAVID J. LICHTENBERGER of counsel JANE B. MERRILL VIA HAND DELIVERY r 3105 EAsr 98TH STREET SUITE 170 INDIANAPOUS, INDIANA 46280 317.844-0106 FAX: 317.846.8782 www.nf-Iaw.com February 10,2006 Angie Conn City of Cannel Department of Community Services RE: Arden Townhomes - Buffer Yard Variance Application BZA Hearing Officer 2/27/06 The Buckingham Companies, Inc. Dear Angie: Enclosed please fmd the following as it relates to the above referenced matter: 1. One (1) original and one (1) copy ofa Development Standards Variance Application as it pertains to the Buffer Yard requirements for the Arden Townhome PUD project; 2. Petitioner's Consents; 3. Owner's Consents; 4. Last Deed of record; 5. Copy of current tax card; 6. Legal Description; 7. A copy of the Arden Townhome PUD Text relating to Section 8.4 Perimeter Planting Buffer Yard Requirements; 8. Three (3) copies of an informational brochure to distribute to the BZA Hearing Officer in anticipate ofthe February 27th BZA Hearing Officer Meeting. After you have reviewed the enclosed Application, please contact me and provide me with the filing fee and docket number for this matter. Once I receive the docket number from you, I can then publish notice in the Indianapolis Star and mail notice to the adjacent property owners. My understanding !~ that notice must be mailed and published by no later than Friday, February 17th, for the February 27thC-f3000.m. BZA Hearing Officer Meeting. '-<. C:S'.\~ Should you have any questions regarding these enclosures, please do not hesi ~,t \ ((~ C l o ~..-'/ Thank you for your assistance. ~ '\y':/.'\ Very truly yours, c~~t~ '~'. \ v..~ \\\\\) .. ) "0 c.~ \ IJ '}; . FRANKENBERGE~' .C., ~'"' ~ . !-'.' I ... ~f\(':;)': ' ~, v\J\J " I - '. . ,,(<... / '- /:'. . (10.) '" 1'"\,, ,. JESlkat ~L.l2 ,_j/" . Enclosures u V' Page 1 of2 Conn, Angelina V From: Jim Shinaver [JimS@NF-LAW.COM] Sent: Tuesday, January 31,20069:23 AM To: Hollibaugh, Mike P; Conn, Angelina V; David Leazenby; Sara Nasuti Subject: FW: Arden - school board easement/buffer yard issue Mike and Angie - Please see email below. As I discussed with Mike, Buckingham will be seeking a variance through the BZA hearing officer regarding the buffer yard issue. Sara Nasuti of Buckingham has been working with Gary Duncan and Ron Farrand regarding the easement from the School Board to the City to accommodate the off site trail. Sara has asked Gary and Ron to consider adding to the text of the Easement document the language below to address the preservation of the trees in the easement area to accommodate and address the buffer yard issues. My understanding in speaking to Sara is that neither Gary nor Ron has any problems adding this language to the easement document. Further, my understanding is that the School Board meets on 2/27 and should approve the Easement document at that meeting, including the language below. I just wanted to keep you updated on the buffer yard issues. Please contact me with any questions. jim James E. Shinaver Nelson & Frankenberger 3105 E. 98th Street, Suite 170 Indianapolis, In. 46280 ph. 317/844-0106 fax 317/846-8782 From: Sara Nasuti [mailto:sara@buckingham-co.com] Sent: Wednesday, January 25, 20064:50 PM To: Duncan, Gary R Cc: Jim Shinaver Subject: Arden - school board easement Gary- Per our conversation this afternoon, this is the language for tree preservation that I would suggest inserting into the easement with the School Board for the Cool Creek extension: Section xxx Tree Conservation. Existing trees shall not be removed from the Real Estate except as follows: 1. As is necessary for the installation and maintenance of the Cool Creek trail and/or related improvements and infrastructure; 2. As is necessary to clear underbrush and dead trees; 3. As necessary for public health and safety, as determined with the cooperation of City of Carmel's Urban Forester. Sara Nasuti Development Manager Buckingham Companies 333 N. Pennsylvania Street, 10th floor Indianapolis, IN 46204 2/1 0/2006 Arden Townhomes ADLS/DP 05120012 Buffer Yard Issue on Eastern Eroperty Line U U Page 1 of 1 Conn, Angelina V From: Jim Shinaver [JimS@NF-LAW.COM] Sent: Wednesday, January 25, 2006 11 :24 AM To: Hollibaugh, Mike P Cc: Brewer, Scott I; Conn, Angelina V; David Leazenby; Sara Nasuti Subject: Arden Townhomes ADLS/DP 05120012 Buffer Yard Issue on Eastern Property Line Importance: High Mike, Scott, Angie, David and Sara - Mike and I discussed the eastern buffer yard issue as it relates to the PUD Ordinance and the School property to our east. Mike advised that if we intend on utilizing the School property for the buffer yard based on the existing tree lines on their property, we would need to seek a variance from the PUD Ordinance. However, my understanding in discussing this with Mike is that we would be permitted to seek this variance from the BZA hearing officer. Angie, Mike advised me to contact you regarding who will be the hearing officer and when the hearing could occur. My hope would be to notice the hearing officer BZA meeting a 2/21 hearing date (this would be the same night as the Plan Commission Meeting and we could conduct the BZA hearing officer meeting at 5:30 pm). My understanding from Mike is that the BZA hearing officer meetings only require 10 days advance notice by publication and mailing. Mike suggested that Leo or Madeline may be the hearing officer. Angie, please contact me to discuss these issues. Thanks. jim James E. Shinaver Nelson & Frankenberger 3105 E. 98th Street, Suite 170 Indianapolis, In. 46280 ph. 317/844-0106 fax 317/846-8782 2/1 0/2006