HomeMy WebLinkAboutApplication
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Griffin, Matt L
Subject:
Griffin, Matt L
Friday, January 06, ,?006 11 :46 AM
DeVore, Laura B
Brennan, Kevin S; Brewer, Scott I; Conn, Angelina V; Hancock, Ramona B; Hollibaugh, Mike
P; Holmes, Christine B; Keeling, Adrienne M; Littlejohn, David W; Morrissey, Phyllis G;
Tingley, Connie S
Docket Nos. Assignment: (Z) Old Meridian Place Rezone (06010002 Z)
From:
Sent:
To:
Cc:
I have issued the necessary Docket Number for (Z) Old Meridian Place Rezone. It is the following:
Docket No. 06010002 Z: Old Meridian Place Rezone
Rezone Application Fee:
$103 per acre x 3.08
Total Fee:
$772.50
$317.24
$1,089.74
Docket No. 06010002 Z: Old Meridian Place Rezone
The applicant seeks to rezone 3.084 acres from Old Meridian Single Family Attached (OM/SFA) to Old Meridian Mixed
Use (OM/MU) for the purpose of creating mixed use structures along Old Meridian Street. This project is in conjunction
with the proposed Old Meridian Place development.
The site is located at 12852 Old Meridian Street and is zoned OM/SFA.
Filed by Lawrence Kemper of Nelson and Frankenberger for Centex Homes.
Petitioner, please note the following:
1. These items will be on the January 18, 2006, agenda of the Technical Advisory Committee (TAC). Please
deliver plans to all T AC members by January 4, 2006, in order to be heard at the January T AC meeting.
2. Mailed and Published Public Notice needs to occur no later than Friday, January 27,2006. Published notice is
required within the Indianapolis Star.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than NOON, Friday, February 10, 2006. Failure to submit Informational Packets by
this time will result in the tabling of the petition to the March 21, 2006, agenda of the Plan Commission.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, February 17, 2006.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. These items will appear on the February 21, 2006, agenda of the Plan Commission (under "Public Hearings").
6. These items will appear on the Tuesday, March 7, 2006, agenda of the Plan Commission Subdivision
Committee.
PETITIONER: refer to your instruction sheet for more detail. A Department of Community Services review letter is
forthcoming.
Mr. Kemper can be contacted at 317.844.0106 or fax 317.846.8782.
Thanks.
Matthew Griffin, AICP
Planning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
P 317.571.2417
f 317.571.2426
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEUCLAY ZONING ORDINANCE
- REZONE APPLICATION -
$772.00 plus $103.00 per acre
(PUD $2,500.00, plus $103.00 per acre)
Date: December 22. 2005
Docket No.: V~ 0 {O 00 Z. ~
. Name of Owner: See Exhibit "I"
. Owner's Address:
Centex Homes
c/o Jonathan Isaacs
8440 Allison Pointe Boulevard, Suite 200
Indianapolis, IN 46250
phone no. 317/806-1766
fax no. 317/849-3486
. Attorney:
Lawrence J. Kemper
Nelson & Frankenberger, P.C.
3105 East 98th Street, Suite 170
Indianapolis, IN 46280
Phone No.: (317) 844-0106 x 18
Fax No.: (317) 846-8782
. Record of Ownership: - See attached Exhibit 2
. Legal Description (Use additional page(s) if necessary): See attached legal description
. Common Address of Property Involved (or General Description if no Address Exists):
12852 Old Meridian. Carmel. IN 46032; southwest of the intersection of 131 st St. and Old Meridian St.
. Proposed Zoning Change: From the OM/SF A District to the OM/MU District, for the property shown
outlined in red on the map attached hereto, which is made a part of this petition.
. Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary):
See attached Exhibit 3
Revised 02/21/05
z:\shared\forms\PC application\rezone.app
H:lbradlCenlexlOld MeridianIPet Change Zoning Map.doc
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AFFIDA VIT
(I/We), being duly sworn, depose and say that (I/We) (am/are) the (owner(s)) of Fifty Percent (50%) or more
of the property involved in this application and that the foregoing signatures, statements, and answers herein
contained and the information herewith submitted are in all respects true and correct to the best of (my or
our) knowledge and belief.
Signature
(typed or printed)
Address
City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
Applicant: Centex Homes
By: ~.,/t'JI?1tf.. i.sqqc-S
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Printed Name, Title
517- tC6- 7/((,
Telephone
Dee, 22, 4;05
Date '
Telephone
Date
State of Indiana )
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Countyo~\~ )
Before me the undersigned, a Notary Public for ~
(officer's county of residence)
County, State of Indiana, personally appeared a~ ~.J
() (name ofperson(s))
and
acknowledged the execution of the foregoing instrument this .1:l
day of
b.rI/~V\viV1_
,2005,
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(SEAL and gnatur.
Mer(:\;J ~g lIng
(printed cI typed)
My commission expires:
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MERRY WIGGINS
Hancock County
My Commission Expires
June 5. 2013
z:\shared\fonns\pc application\rezoneapp
Revised 02/21/05
H:\brad\Centex\Old Meridi~\~'et. Change Zoning Map.doc
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EXHIBIT 1
Name of Owner(s)
Ron Marburger
Ron Marburger
Roxanne B. Bellinger, Trustee
Roxanne B. Bellinger, Trustee
Deborah Peterson
Joretta M. Moore
James W. Moore & Laura L. Moore
Joyce F. Walls
Ralph E. Walls
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Parcel No.
17-09-26-04-01-013.000
17-09-26-04-01-022.000
17-09-26-04-01-023.000
17 -09- 26-04-01-024.000
17-09-26-04-01-025.000
17 -09- 26-04-01-026.000
17 -09- 26-04-01-027.000
17-09-26-04-01-028.000
16-09-26-04-01-029.000
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EXHIBIT "2"
BELLINGER:
Allocation of Real Estate to Credit Trust - Instrument Number 1997-56151
Commencing at the Northeast comer of said Quarter Section; thence South 89 degrees 08
minutes 21 seconds West along the North line of said Quarter Section a distance of
1345.90 feet; thence South 00 degrees 53 minutes 21 seconds West 418.25 feet to the
POINT OF BEGINNING of this description; thence continuing South 00 degrees 53
minutes 21 seconds West 134.00 feet; thence South 88 degrees 48 minutes 39 seconds
East 942.25 feet to a point on the centerline of Old Meridian Street (Formerly U.S.
Highway 31); thence North 35 degrees 39 minutes 16 seconds East along said centerline
166.60 feet; thence South 88 degrees 50 minutes 36 seconds West 1037.29 feet to the
place of beginning, containin~~~03",,~ acres more or less.
MARBURGER:
TRACT 1: Warranty Deed - Instrument Number 1996-26854,
TRACT 2: Warranty Deed - Instrument Number 1996-26849, and
TRACT 3: Warranty Deed - Instrument Number 1996-26849
Commencing at the Northeast comer of said Quarter Section; thence South 89 degrees 08
minutes 21 seconds West along the North line of said Quarter Section a distance of
1,194.25 feet to the Northeast comer of the real estate described in Parcel II ofInstrument
Number 1996-26849 in the Office of the Recorder, Hamilton County, Indiana and the
POINT OF BEGINNING of this description; thence South 00 degrees 18 minutes 29
seconds East along the East line of said Parcel II a distance of 279.88 feet to a point on
the North line of the real estate described in Parcel I of said Instrument Number 1996-
26849; thence North 89 degrees 08 minutes 21 seconds East parallel with the North line
of said Quarter Section a distance of973.89 feet to the centerline of Old Meridian
(formerly U.S. Highway 31); thence South 35 degrees 39 minutes 16 seconds West along
said centerline 165.27 feet to a point South 35 degrees 39 minutes 16 seconds West
513.50 feet from the intersection of the centerline of Old Meridian and the North line of
said Quarter Section; thence South 88 degrees 50 minutes 36 seconds West 1,037.29 feet
to the Southwest comer of the real estate described in Parcel I ofInstrument Number
1996-26849 in said Recorder's Office; thence North 00 degrees 53 minutes 21 seconds
East along the West line of said Parcel I a distance of 138.25 feet to the to the Southwest
comer of the real estate described in Parcel II of said Instrument Number 1996-26849;
thence North 00 degrees 18 minutes 29 seconds West along the West line of said Parcel II
a distance of279.88 feet to the North line of said Quarter Section; thence North 89
degrees 08 minutes 21 seconds East along said North line 157.50 feet to the place of
beginning, containing ~82'hcres, more or less.
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PETERSON:
Quitclaim Deed - Instrument Number 2002-70561
Commencing at the Northeast comer of said Quarter Section; thence South 89 degrees 08
minutes 21 seconds West along the North line of said Quarter Section a distance of
1345.90 feet; thence South 00 degrees 53 minutes 21 seconds West 552.25 feet the
POINT OF BEGINNING of this description; thence continuing South 00 degrees 53
minutes 21 seconds West 67.00 feet; thence South 88 degrees 48 minutes 39 seconds East
894.51 feet to the centerline of Old Meridian Street (formerly U.S. Highway 31); thence
North 35 degrees 39 minutes 16 seconds East along said centerline 83.67 feet; thence
North 88 degrees 48 minutes 39 seconds West 942.25 feet to the place of beginning and
containintl~.4:1..;2~cres more or less.
WALLS:
TRACT 1 - Quitclaim Deed - Instrument Number 1999-41491
Part of the North Half of the Southeast Quarter of Section 26, Township 18 North, Range
3 East, in Hamilton County, Indiana, more particularly described as follows: Beginning
1667.1 feet measured (1629.62 feet deed) Westerly and 400 feet Northerly of the
Southeast comer of the North Half of the Southeast Quarter of Section 26, Township 18
North, Range 3 East; thence Easterly 986.6 feet measured (964.72 feet deed) to the
centerline of u.S. Highway #31, thence Northeasterly on and along said centerline of
u.S. Highway #31, 124.33 feet; thence Westerly 361.3 feet measured (339.51 feet deed);
thence Northerly 201.3 feet measured (200 feet deed) thence Westerly 700 feet; thence
Southerly 300 feet to the place of beginning, containing ~8"a~res, more or less. Subject
to all legal easements and rights of way. --
TRACT 2 - Warranty Deed - Instrument Number 2005-13790
A part of the North Half of the Southeast Quarter of Section 26, Township 18 North,
Range 3 East, more particularly described as follows:
Beginning at a point in the center of U.S. Highway 31, distance North 300 feet of South
line of said Half Quarter Section; thence West parallel to said South line 889.93 feet;
thence North 100 feet; thence East parallel to said South line 964.72 feet to a point in said
center line of U.S. Highway 31; thence Southwestwardly, in and along said center line of
U.S. Highway 31 to the place of beginning, containing in all!2'I30;acres more or less, in
Hamilton County, Indiana.
TRACT 3 - Quitclaim Deed - Instrument Number 1998-61313
Also part of the North one half of the Southeast Quarter of Section 26, Township 18
North, Range 3 East, more particularly described as follows: Beginning at a point in the
center line of U.S. Highway No. 31, distant North 200 feet to the South line of said Half
Quarter Section; thence west parallel to said South line 815.14 feet; thence North 100
feet; thence East parallel to said South line 889.93 feet to a point in the centerline of U.S.
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Highway No. 31; thence Southwesterly in and along said center line of U.S. Highway No.
31, 124.33 feet to the place of beginning, containing in all~9~cres, more or less.
H:\brad\Centex\Old Meridian\EXHIBIT .2.REZONE.doc
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EXHIBIT 3
STATEMENT OF COMPLIANCE WITH
CARMEL/CLA Y COMPREHENSIVE PLAN
The real estate which is ~he subject of this rezone request is presently zoned Old
Meridian/Single Family Attached (OM/SF A). Centex seeks to expand the boundaries of the
adjacent Old MeridianlMixed Use (OM/MU) district to include the subject real estate. The
Comprehensive Plan for this area suggests medium-intensity and low-intensity Regional and
Community Employment Center areas. The lower-intensity commercial allows for one to two
story office buildings, while the medium-intensity allows for three to five story office
complexes. However, the real estate which is the subject of this rezone request is also located
south of 131 5t St./Main St. and west of Old Meridian St., and is located in the area that was the
subject of the Old Meridian Task Force Report (the "Report"). The Report suggested the real
estate. be used for single family attached residential such as condominiums or rowhouses. In
light of the foregoing, this request for a rezone to a Old MeridianlMixed Use (OM/MU) district
to allow condominium development is not inconsistent with what is suggested for this area by
the Comprehensive Plan and the Report.
H:\brad\Centex\Old Meridian\Comprehen5ive Plan Statement.doc
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PROPOSED REZONE TO MIXED USE
A part of the Southeast Quarter of Section 26, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast comer of said Quarter Section; thence South 89 degrees
08 minutes 21 seconds West along the North line of said Quarter Section a distance of
1036.75 feet to the Northwest comer of the real estate described in Instrument No.
1997-32968 in the Office of the Recorder of Hamilton County, Indiana; thence South
00 degrees 18 minutes 29 seconds East along the West line of said real estate 279.88
feet to the POINT OF BEGINNING of this description; thence North 89 degrees 08
minutes 21 seconds East parallel with the aforesaid North line 443.12 feet; thence South
35 degrees 39 minutes 16 seconds West parallel with the centerline of Old Meridian
Street 754.53 feet; thence North 00 degrees 18 minutes 29 seconds West 606.44 feet to
the place of beginning, containing 3.084 acres, more or less.
S:\52605\LegaJ\PROPOSED REZONE TO MIXED USE.rtf.
January 4, 2006
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORA nON
A TTORNEYS AT LA W
December 27,2005
JAMES J. NELSON
CHARLESD.FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE 1. KEMPER
JOHN B. FLATT
FREDRIC LAWRENCE
DAVID 1. LICHTENBERGER
Of Counsel
JANE B. MERRILL
Matt Griffin
City of Carmel - Department of Community Services
One Civic Square
Carmel, IN 46032
RE: Centex Homes Rezone Application to OMIMU District -
Real Estate Located near the southwest corner of the intersection of 131st St.
and Old Meridian St.
Dear Matt:
Enclosed please find the following as it relates to the above matter:
1. An original and one (1) copy of a Rezone Application to the OM/MU zoning
district.
After you review the enclosures, please advise me of the filing fees and docket number
for the above-referenced application. The Owner's Consents were filed in connection with the
DP/ADLS application filed under Docket No. 05110020 DP/ADLS.
As usual, thank you for your cooperation and assistance in this matter, and contact me
with any questions.
Very truly yours,
NELSON & FRANKENBERGER
~
Lawrence J. Kemper
Enclosures
H:\brad\Cent~x\Old Meridian\Griffin 122705.doc
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OWNER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorizes and
directs Centex Homes, a Nevada Corporation ("Centex"), along with its employees, engineers,
land planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Centex with respect to the Real
Estate including, without limitation, (i) development plan approval per the terms of the
Zoning Ordinance for the City of Carmel (hereafter "DP Application"), (ii) architectural
design, lighting, landscaping and signage approval per the terms of the Zoning Ordinance
for the City of Carmel (hereafter "ADLS Application") and (iii) any development
standards variances and/or zoning waivers pursuant to the Zoning Ordinance for the City
of Carmel deemed necessary by Centex to further develop the Real Estate per the terms
of the DP Application and ADLS Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission and Board of Zoning Appeals, and to file, for and on behalf of the
undersigned, all applications and petitions deemed necessary by Centex to obtain the
Approvals.
Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledges
that this Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Centex, now or in the future, in furtherance of the
Approvals.
Date:2o/ cPa
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R xanne B. Bellinger, Trust
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STATE OF '" ~MA.
COUNTY OF M-~
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Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Roxanne B. Bellinger, Trustee, who acknowledged execution of this Owner's Consent
and Joinder in Petitions.
Witness my hand and Notarial Seal this jq'r1o day of 0 (~
,2005.
County of Residence:
'1XY~ir~
Notary P ic
Mer-~ ~j Y\~
Printed ame
My Commission Expires:
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MERRY WIGGINS
Hancock County
My Commission Expires
June 5. 2013
.
H:\JanetICentexIOld MeridianIConsent-Bellinger.doc
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BELLINGER:
Allocation of Real Estate to Credit Trust - Instrument Number 1997-56151
Commencing at the Northeast comer of said Quarter Section; thence South 89 degrees 08
minutes 21 seconds West along the North line of said Quarter Section a distance of
1345.90 feet; thence South 00 degrees 53 minutes 21 seconds West 418.25 feet to the
POINT OF BEGINNING of this description; thence continuing South 00 degrees 53
minutes 21 seconds West 134.00 feet; thence South 88 degrees 48 minutes 39 seconds
East 942.25 feet to a point on the centerline of Old Meridian Street (Formerly U.S.
Highway 31); thence North 35 degrees 39 minutes 16 seconds East along said centerline
166.60 feet; thence South 88 degrees 50 minutes 36 seconds West 1037.29 feet to the
place of beginning, containing 3.036 acres more or less.
EXHIBIT
I -A II
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OWNERS' CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owners of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and
direct Centex Homes, a Nevada Corporation ("Centex"), along with its employees, engineers,
land planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Centex with respect to the Real
Estate including, without limitation, (i) development plan approval per the terms of the
Zoning Ordinance for the City of Carmel (hereafter "DP Application"), (ii) architectural
design, lighting, landscaping and signage approval per the terms of the Zoning Ordinance
for the City of Carmel (hereafter "ADLS Application") and (iii) any development
standards variances and/or zoning waivers pursuant to the Zoning Ordinance for the City
of Carmel deemed necessary by Centex to further develop the Real Estate per the terms
of the DP Application and ADLS Application (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Plan Commission and Board of Zoning Appeals, and to file, for and on behalf of the
undersigned, all applications and petitions deemed necessary by Centex to obtain the
Approvals.
Further to this Owners' Consent and Joinder in Petitions, the undersigned acknowledge
that this Owners' Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Centex, now or in the future, in furtherance of the
Approvals.
Date:
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STATE OF J\r\.~\. 0... Y\ ~
COUNTY OF ~()..\I\.I\ ~ \.~~'"
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Before me the undersigned, a Notary Public in and for said County and State, personally
appeared William Hubert Sams and Angela M. Sams, who acknowledged execution of this
Owners' Consent and Joinder in Petitions.
Witness my hand and Notarial Seal this a"'\. day of a t ~ r
,2005.
My Commission Expires:
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County of Residence:
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H:\JanetlCentexlOld MeridianlConsent-sams,doc
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SAMS:
Quitclaim Deed - Instrument Number 1993-44831
Commencing at the Northeast comer of said Quarter Section; thence South 89 degrees 08
minutes 21 seconds West along the North line of said Quarter Section a distance of
1036.75 feet and the POINT OF BEGINNING of this description; thence South 00
degrees 18 minutes 29 seconds East 279.88 feet to a point on the North line of real estate
described in Instrument Number 1996-2849 (Tract 2) in the Office of the Recorder,
Hamilton County, Indiana; thence South 89 degrees 08 minutes 21 seconds West along
said North line 157.50 feet; thence North 00 degrees 18 minutes 29 seconds West 279.88
feet to a point on said North line of said Quarter Section; thence North 89 degrees 08
minutes 21 seconds East along said North line 157.50 feet to the place of beginning,
containing 1.012 acres, more or less.
EXHIBIT
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORA nON
A TTORNEYS AT LAW
JAMES 1. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE J. KEMPER
JOHN B. FLA IT
FREDRIC LAWRENCE
Of Counsel
JANE B. MERRILL
3105 EAST 98TH STREET
SUITE 170
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
December 27,2005
VIA HAND DELIVERY
Matt Griffin
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
RE: Centex
Docket No. 05110020 DP/ADLS: Old Meridian Place
Dear Matt:
Enclosed please find regarding the above the Owner's Consents for each parcel affected by the
above.
Thank you for your assistance, and please contact me with any questions.
Very truly yours,
NELSON & FRANKENBERGER, P.C.
La=en~:mpcr
LJK/bd
Enclosures
H:\brad\Centex\Old Meridian\Griffin Itr.122705.doc