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Griffin, Matt L
Subject:
Griffin, Matt L
Monday, May 02,20053:20 PM
Babbitt, Pamela A
Conn, Angelina V; Morrissey, Phyllis G; Tingley, Connie S; Hollibaugh, Mike P; Keeling,
Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C;
Brennan, Kevin S; 'charlie@nf-Iaw.com'
Docket No. Assignment: Fortune Rezone (05050003 Z)
From:
Sent:
To:
Cc:
I have issued the necessary Docket Number for (Z) Fortune Rezone. It is the following:
Docket No. 05050003 Z: Fortune Rezone
Z1PUD Application Fee
$103 per acre x 43.6
Total Fee:
$2,500.00
$4,490.80
$6,990.80
Docket No. 05050003 Z: Fortune Rezone
The applicant seeks to rezone 43.6 acres from S1 to PUD for the purpose of developing a site with single family homes,
town homes, and limited commercial uses.
The site is located at 2555 W 131s1 Street and is zoned S1.
Filed by Charlie Frankenberger for Wendy Fortune.
Petitioner, please note the following dates and events:
1. This item will be on the May 18, 2005, agenda of the Technical Advisory Committee (T AC). Please deliver
plans to all TAC members by May 4,2005, in order to be heard at the April TAC meeting.
2. Mailed and Published Public Notice needs to occur no later than Friday, May 20, 2005. 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, June 10, 2005. Failure to submit Informational Packets by this
time will result in the tabling of the petition to the June 21, agenda of the Plan Commission.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, June 17, 2005. Failure
to submit Proof of Notice by this time will result in the tabling of the petition.
5. This item will appear on the June 21, 2005, agenda of the Plan Commission (under "Public Hearings").
6. This item will appear on the Tuesday, July 5, 2005, agenda of the Plan Commission Subdivision Committee.
PETITIONER: refer to your instruction sheet for more detail.
Mr. Frankenberger can be contacted at 317.844.0106 (Fax: 317.846.8782).
Matthew Griffin, AICP
Planning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
P 317.571.2417
f317.571.2426
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE
- REZONE APPLICATION -
$772.00 plus $103.00 per acre
(PUD $2,500.00, plus $103.00 per acre)
. Name of Owner: Wendy M. Fortune
Phone No.: (317) 873-2509
Date:
Docket No.: O?OSOOO~ Z.
Herbison. Mark G. and Rebecca A. Phone No.: (317) 873-4344
. Owner's Address
Fax No. (--> _ -
2555 West 13151 Street Carmel. IN 46032: 2621 West. 13151 Street Carmel. IN 46032
. City, State, ZIP
. Record of Ownership: Deed Book: Page: Purchase Date: 7/20/89
Warranty Deed recorded as Instrument #8915089:
. Legal Description (Use additional page(s) if necessary): See Exhibit "A"
. Common Address of Property Involved (or General Description ifno Address Exists):
2555 West 13151 Street. Carmel. IN 46032. and 2621 West. 13151 Street. Carmel. IN 46032 See Exhibit
"A" (the "Real Estate") for specific legal description.
. Proposed Zoning Change: From the S-l District to the PUD District, for the property shown outlined in
red on the map attached hereto, which is made a part of this petition.
. Statement 6fcompliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary):
See Exhibit "B".
Revised 02/21/05
z:\shared\forms\PC application\rezone.app
H:\U5er\JaneIIFonns\Zoning\Carmel\Pet. Change Zoning Map.doc
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AFFIDAVIT
(I/We), being duly sworn, depose and say that (I/We) (amlare) 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)
By:
Title:
'1- ;).:;). -o~
Date
State of Indiana
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County of fY\.6.r ~ 0 (\.
Before me the undersigned, a Notaly Public for .f4 ~ ~. \.~ f\.
(officer's county of residence)
County, State of Indiana, personally appeared ~ Slooe ~'I\o and
(name ofperson(s))
acknowledged the execution of the foregoing instrument this ~ ~ day of
~ ,2005.
~~ t2J~
(SEAL and Siknature)
(y\'6J'1 A. 00..;-~..u /"
(printed or typed) -
My commission expires:
;1- ;}. 4- of
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Revised 02/21/05
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Fortune Parcel
cD Fortwlc I,.egal Description 0
Part of the Southeast Quarter of Section 29. T uwnship 18 North, Range 3 East in Cloy
Township, Hamilton Counly, Indiana, described as follows:
Beginning on the South line of the' Southeast Quarter of Section 29, Township 18
North, Range 3 East 1351.40 feet South 89 degrees 03 minutes 05 Seconds West
(assumed bearings) from the Southeast corner of said Southeast Quarter; thence North
00 degrees 56 minutes 55 sec0"d~ West 8.00 feet; thence North 52 degrees ~2
minutes 19 seconds East 14.45 feet; thence North 23 degrees 04 minutes 39 seconds
East 27.27 feet; thence North 00 degrees 1453.10 feet; thence South 89 degrees 25
minutes 00 seconds West parallel with the North line of said Southeast 107.69 feet;
thence North 00 degrees 11 minutes 13 seconds East 1138.58 feet to a point on the
North line of said Southeast Quarter which is 1443.58 feet South 89 degrees 25
minutes 00 seconds West of thwe Northeast corner of said Southeast Quarter; thence
South 89 degrees 25 minutes 00 seconds West on said North line 393.42 feet; thence
South 00 degrees 07 minutes 05 seconds West 1193.76 feet; thence South 88 degrees
41 minutes 35 seconds West 153.46 feet; thence South 00 degrees 34 minutes 29
sf'r.onds East 1441.57 feet to the South line of th~ Southeast Quarter; thence North
89 degrees 03 minutes 05 seconds East on said South line 627.20 feet to the place
of beginning. Containing 32.447 acres more or less.
Herbison Parcel I (Corrected)
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay
Township, Hamilton County, Indiana, described as follows:
Beginning on the North line of the Southeast Quarter of Section 29, Township 18 North,
Range 3 East at a point 409.54 feet North 89 degrees 25 minutes 00 Seconds East
(assumed bearing) from the Northwest corner of said Southeast Quarter; thence North
89 degrees 25 minutes 00 secon.ds East on said North line 204.77 feet; Thence South
00 degrees 12 minutes 32 seconds East parallel with the West line of said Southeast
Quarter 1196.20 feet to a point on 0 line which bears North 88 degrees 41 minutes 35
seconds East from a point on the West line of said Southeast Quarter that is 1203.96
feet South 00 degrees 12 minutes 32 seconds East of the Northwest Corner of said
Southeast Quarter; thence South 88 degrees 41 minutes 35 seconds East of said point
on the West line of said Southeast Quarter; thence North 00 degrees 12 minutes 32
seconds West parallel with said West line 1198.71 feet to the Place of Beginning.
Herbison Parcel II (Corrected)
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in Clay
Township, Hamilton County, Indiana, described as follows:
Beginning on the North line of the Southeast Quarter of Section 29, Township 18 North,
Range 3 East at a point 614.31 feet North 89 degrees 25 minutes 00 Seconds East
(assumed bearings) from the Northwest corner of said Southeast Quarter; thence North
89 degrees 25 minutes 00 seconds East on said North line 204.76 feet to a point
1837.00 feet South 89 degrees 25 minutes 00 seconds West of the Northeast corner
of said Southeast Quarter; thence South 00 degrees 07 minutes 05 seconds West
1193.76 feet to a point on a line which bears North 88 degrees 41 minutes 35
seconds East from a point on the West line of said Southeast Quarter that is 1203.96
feet South 00 degrees 12 minutes 32 seconds East of the Northwest Corner of said
Southeast Quarter; thence South 88 degrees 41 minutes 35 seconds East of said point
on the West line of said Southeast Quarter; thence North 00 degrees 12 minutes 32
seconds West parallel with said West line 1196.20 feet to the Place of Beginni'ng.
EXHIBIT
I ~~ A II
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EXHIBIT "B"
STATEMENT OF COMPLIANCE WITH THE COMPREHENSIVE PLAN
This property is designated as a "Residential Estate Area" by the Carmel/Clay
Comprehensive Plan Land Use Map.
Figure 1 of the Carmel/Clay Comprehensive Plan, entitled "Carmel/Clay
Township Proposed Growth Policies, Residential/Community Areas" indicates that the
character of Rural Residential is estate-type housing on lots with at least one acre of land.
In this regard, the proposal does not comply with the Comprehensive Plan, as written.
However, in recent years, there has been significant development in the surrounding area
resulting in higher intensity uses. An example is the Villages of West Clay, which
possesses a density of 2.1 dwelling units per acre. In this regard, the proposed detached
single family and townhomes are consistent with and provide transition from surrounding
uses.
H:\Janet\ILD 1261b-Fortune\Ex. C.doc
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Petitioners Rezone Procedure
1) The Carmel Clay Plan Commission must first review the petition for
rezone. Contact Ramona Hancock at 317-571-2412. Ramona may also
be reached at rhancock@ci.carmel.in.us
2) The Plan Commission secretary must provide the Glerk- Treasurer's
Office with the Plan Commission Certification which indicates the
official recommendation of the Plan Commission. An Ordinance
number will not be issued until one is requested by the Department of
Community Services.
3) The Department of Community Services must contact the Clerk-
Treasurer's Office to obtain an Ordinance number and to discuss the
date the Ordinance will be heard by the Common Council. The
Ordinance must be heard at a public hearing.
4) Petitioner (petitioner's attorney) is responsible for obtaining a sponsor
for their Ordinance.
5) Petitioner must publish the public notice in The DailY Ledger at least 10
days before the desired public hearing date. A sample public notice and a
copy of Carmel City Code See. 3-32 requiring public notice may be
obtained from the Clerk- Treasurer's Office. No rezone requests will be
placed on a City Council agenda unless they are published at least 10
days before the desired hearing date.
6) Petitioner must send a copy of the proof of publication to the Clerk-
Treasurer's Office as soon as it is obtained from the newspaper.
7) Rezone requests require a public hearing and two readings before the
Council. The public hearing may be heard at the first meeting.
City of Carmel - One Civic Square - Carmel - Indiana - 46032
317/571-2414 Voice - 317/571-2410 Fax
Revised: October 22,2004
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8) The petitioner must prepare 8 packets. Please have line numbers printed
in the left margin of the ordinance that will be distributed to
each Council member (if each page is numbered at the bottom you do
not need to have numbers run continuous per page). Deliver packets to
the Clerk- Treasurer's office by the agenda deadline date (an electronic
version of the Ordinance is also required to be forwarded to the Clerk-
Treasurer (lfine@ci.carmel.in.us). Packets must include a copy of the
Ordinance, map, legal description and any other correspondence or
documentation the petitioner deems helpful to his request. The Clerk-
Treasurer's Office will disseminate the packets to the appropriate
recipients. In addition to the 8 packets, the petitioner must supply the
Clerk-Treasurer's Office with one original (DO NOT add line numbers
in the left margin on the original document) of the rezone Ordinance.
The Clerk-Treasurer's Office must receive the packets and original
Ordinance in accordance with the deadline for Council meeting agendas
(City Code 3-19)
9) After the first reading, the Ordinance may be heard by a standing
committee of the Council. The committee assignment is made by the
President/President Pro Tempore.
10) Amendments to ordinances may be added at the first or second reading
by simple majority vote. Each and all amended versions of City
ordinances pending before the Common Council for its consideration
shall clearly indicate, in the lower left hand corner of every page thereof,
the time and date on which the same is printed.
11) Shortly after Council approval, the Ordinance will be available to the
petitioner and any other interested parties on LaserFiche. The original
Ordinance will be retained in the Clerk-Treasurer's Office.
If you have any questions, please call Lois Fine @571-2413 or email
lfine@ci.carmel.in.us.
City of Carmel - One Civic Square - Carmel - Indiana - 46032
317/571-2414 Voice - 317/571-2410 Fax
Revised: October 22,2004
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