HomeMy WebLinkAboutCorrespondence
? -~UL-17-2002 04:57PM FROM-NELSON & FRANKENBERGER
3178468782
T-144 P.002/002 F-851
NasON
&
FRANKENBERCER
A PROFeiSIONAL CORPORATION
ATrORNEYSAT LAW
JAMES J. NELSON
CHAALES D. FRANKENBERQER
JAMES E. SH1NAVER
LARRY J. KEMPER
JOHN 8. FLATT
FRED RIC LAWRENCE
OF COONSEL
JANE B. MERRILL
3021 EAST98TH$TREET
SUITE 220
INDIANAPOUS. INDIANA 46280
317-844-0106
~t<<! 317-846-8782
July 17. 2002
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Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Cannel, IN 46032
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Re: Hunters Creek Office Park - Ordinance No. Z-381-02
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Dear Jon:
At the hearing, the remonstrators distributed infonnational brochures to the Council. I think
it would be helpful for a copy of this to be in the file. Please give me your thoughts. Thanks.
Very wly yours,
NELSON & FRANKENBERGER
C'L-
Charles D. Frankenberger
CDF/jlw
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-- ~~UL-17-2002 04:57PM FROM-NELSON & FRANKENBERGER
3178468782
T-144 P.OOI/002 F-851
NELSON
&
FRANKENBERGER
^ PROFESSIONAL CORPORATION
A1TORNEYS AT LAW
JAMESJ.NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
v.RRY J. KEMPER
JOHN B. FLATT
Off COUNSEL
JANE B. MERRILL
3021 EAST 98TH STREET
SUITE 220
INDIANAPOUS, INDIANA 46280
'17.844-0106
FAX: 317-846-8782
FAX TRANSMISSION
COVER SHEET
Date: July 17. 2002
To:
Jon Dobosiewicz
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From:
Charles D. Frankenberger
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Company:
Carmel Department of Services
Fax:
571-1426
Phone:
317 -844-0 I 06
Pages:
2
(including cover sheet)
Comments:
Re: Hunters Creek
.........~.......**********.***.*....*..*.......*****************************...
The infonnation contained in this fAcsimile message is intended only for the use of the individual or entity named above.
If the reader or recipient of this mes$l1Sc is not the intended recipient or an employee or agent of the Intended recipient who
Is responsible for delivering it to the intended recipient. you l\re hereby notified that any disseminAtion. distribution or
copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by
LClephone (collect) and return the original message to us at the above Indicated ltddrelOS via the U.S. Posml Service. Receipt
by anyone other than the intended recipient Is not a waiver of an anomey-client or work product privilege.
---I
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT.IAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMFS E. SlDNAVER
IAWRENCE J. KEMPER
JOHN B. FlATf
of COUDSel
JANE B. MERRIIL
3021 EAsr 98th SJ'RFEI'
Sum: 220
INmAJwous, INDIANA 46280
317-844-GI06
FAX: 317-846-8782
July 3, 2002
VIA HAND DELIVERY
SPONSOR: COUNCILOR SNYDER
Carrie Gallagher
Clerk- Treasurer's Office
One Civic Square
Carmel, IN 46032
Re: Zoning Ordinance No. Z-381-02
Hunters Creek Office Park filed by the Applicant, Hunters Creek
Office Park, LLC and Consented to by the Owner, The Bretheren
Conference of Indiana, Inc., regarding 5 acres, more or less located
at the northwest comer of Rohrer Road and Marana Drive
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Dear Carrie:
Enclosed are nine (9) informational brochures for the Council members, plus three (3) extra
brochures for internal use. The brochures contain Zoning Ordinance Z-381-02 as Exhibit 10, and the
Certification of the Plan Commission's Recommendation as Exhibit 13.
Attached is a copy ofthe notice of the public hearing which was timely published in the Noblesville
Ledger. I will deliver to you a copy of the proof of publication upon my receipt thereof.
We look forward to presenting the first reading ofthe Zoning Ordinance to Common Council on the
151h day of July, 2002. Please place us on that agenda. Should you have any questions or comments, please
do not hesitate to call me. As you know, I appreciate your valuable help.
Very truly yours,
NELSON & FRANKENBERGER
c~~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\JanelIHill, Bl'8dlGallagher #2 Itr 070302, wpd
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NOTICE OF PUBLIC HEARING
BEFORE THE COMMON COUNCIL, CITY OF CARMEL, INDIANA
ORDINANCE No. Z-381-02
The Common Council, City of Carmel, Indiana ("Council"), hereby gives notice that it will
hold a public hearing on Monday, the 15th day of July, 2002, at 7:00 o'clock P.M., in the Council
Chambers, Second Floor, City Hall, One Civic Square, Carmel, Indiana 46032, to consider a request
for a change in zoning classification, from B-3 (Business) and R-l (Residence) to a zoning
classification establishing the Hunters Creek Office Park Planned Unit Development District ("PUD
Ordinance") for real estate generally located at the southwest comer of Marana Drive and Rohrer
Road in Hamilton County, Indiana, and legally described as follows:
Part of the Southwest Quarter of Section 24, Township 18 North, Range 3 East, in
Hamilton County, Indiana, more particularly described as follows:
Commencing at the Northeast comer of the Southwest Quarter of Section 24,
Township 18 North, Range 3 East, in Hamilton County, Indiana; thence South 00
degrees 06 minutes 42 seconds east (assumed bearing) on the east line of said
Southwest Quarter 1451.11 feet; thence North 88 degrees 00 minutes 00 seconds
West 40.03 feet to the true point of beginning for the tract herein described; thence
North 88 degrees 00 minutes 00 seconds West 715.00 feet; thence South 01 degree
03 minutes 53 seconds East 201.80 feet; thence South 62 degrees 21 seconds East
324.67 feet; thence South 88 degrees 00 minutes 00 seconds East 365.87 feet to the
northwesterly right-of-way line for U.S. Highway 31 per Warranty Deed recorded in
Deed Record 248, Page 216 in the Office of the Recorder of Hamilton County,
Indiana; thence North 16 degrees 54 minutes 30 seconds East on said northwesterly
right-of-way line 198.45 feet; thence North 00 degrees 06 minutes 42 seconds West
parallel with the East line of said Southwest Quarter 150.10 feet to the point of
beginning, containing 5.000 acres, more or less.
(hereinafter "Real Estate"). The Real Estate is approximately 5 acres in size and is currently zoned
B-3 (Business) and R-l (Residence).
The PUD Ordinance proposed by the Petitioner changes the zoning classification ofthe Real
Estate from the current B-3 (Business) and R-l (Residence) zoning to a Planned Unit Development
District which would permit clinics or medical health centers, general offices, professional offices,
insurance offices and/or office buildings.
Copies of the PUD Ordinance are on file for examination at the City of Carmel,
Clerk-Treasurer's Office, City Hall, One Civic Square, Carmel, IN 46032, telephone (317)
571-2414.
Interested persons may file written suggestions or objections regarding the request with the
Department of Community Services, c/o Michael P. Hollibaugh, Director, One Civic Square,
Carmel, Indiana 46032, at or before said meeting, and/or they may contact Michael P. Hollibaugh,
Director, Department of Community Services, at 317/571-2417 prior to the Public Hearing for
assistance.
All interested persons desiring to present their views on the above PUD Ordinance, either
in writing or verbally, will be given the opportunity to be heard at the above specified time and
place. The Public Hearing may be continued from time to time as may be found necessary.
CITY OF CARMEL COMMON COUNCIL
Diana Cordray, Clerk-Treasurer, City of Carmel, Indiana
PETITIONER:
Hunters Creek Office Park, LLC
c/o Brad Hill
5897 William Conner Way
Carmel, IN 46033
REPRESENTED BY:
Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 E. 98th Street, Suite 220
Indianapolis, IN 46280
H:\JanetIHiII. BradlNotice Z-381-02. wpd
JAMESJ. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
LAWRENCE J. KEMPER
JOHN B. FLAIT
of c:ouuseI
JANE B. MERRILL
NElSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATI9J1l::\jf21 [:'>.
ATIORNEYS.AT.LAW /~'~1~~~L_~ --(:?<~~
/ '.;/ " 3021 EAsr 98th Snu:Er
fJ'l ~ (~o Sum: 220
/'/ \;;-. 1NoIAJwous, INDIANA 46280
-. I RECEIVED \ \ 317-844-0106
I~~ ; JUl 3 2002 le:I I FAX: 317-846-8782
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July 3, 2002 0, .-1",,-
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VIA HAND DELIVERY
SPONSOR: Luci Snyder
Carmel Common Council
Re: Zoning Ordinance No. Z-381-02
Hunters Creek Office Park filed by the Applicant, Hunters Creek
Office Park, LLC and Consented to by the Owner, The Bretheren
Conference of Indiana, Inc., regarding 5 acres, more or less located
at the northwest comer of Rohrer and Marana
Dear Council Member:
On July 15, 2002, the Hunters Creek Office Park, LLC ("Hunters Creek") will present, for public
hearing and first reading, the proposed PUD Ordinance Z-38 1-02. This PUD Ordinance pertains to 5 acres
of real estate located north of U.S. 31 between 131 sl Street and 14151 Street, north and east of the Meridian
Village Plaza, and southwest of the intersection of Rohrer Road and Marana Drive. It is the site ofthe vacant
Carmel Bretheren Church, and is within the U.S. 31 Overlay District.
The PUD Ordinance permits the redevelopment of the real estate for office use. Compelling reasons
supporting the approval of this request are included in the enclosed informational brochure. Among these
are the following:
1. Zoning Ouandry. The five acres is zoned for residential and special uses which are largely
prohibited by the U.S. 31 Overlay Zone in which it exists;
2. ComDrehensive Plan. The office park follows the recommendations ofthe Comprehensive Plan;
3. Overlav Zone. The office park complies with the intent of the Overlay Zone and, in many respects,
is less intense than the standards included in the Overlay Zone. In this way, the office park provides
transition.
Enclosures
An information brochure, filed with this letter, is submitted for your review. It includes aerial
photographs, elevations, site plans, streetscapes, and other relevant information and illustrations. Also
included in the brochure are the following:
I. Certification of the Plan Commission's recommendation; and
2. Zoning Ordinance Z-381-02.
"
Carmel Common Council
July 3, 2002
Page 2
Prior Action
On June 18, 2002, the proposed Ordinance Z-381-02 was referred to Common Council with an
unfavorable recommendation from the Plan Commission. The vote was II in favor, 2 opposed, and 0
abstaining.
Comprehensive Plan
The Comprehensive Plan designates five regional-commercial employment areas, one of which is
the U.S. 31 Corridor. The five acres is primarily within the U.S. 31 Corridor.
Annexation
The five acres is not contiguous with the existing corporate boundaries of the City of Carmel.
However, the owner will consent to subsequent annexation as a condition of approval ofthis request.
Thank you for your consideration. We look forward to presenting the first reading of this PUD
Ordinance on the 15th day of July, 2002.
Respectfully submitted,
C-G..- ~h-J..d
Charles D. Frankenberger
CDF/jlw
Enclosures
H;\JaneI\HiII, Brad\Counc:illtr 070302.wpd
JUN-24-2002 03:08PM
FROM-NELSON &~KEN8ERGER
NELSON 3IT84U~~2_\_i/~ T-448
FRANK~EROER0S~""" -'-I':,
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CHARLES D. FMNKENBEROER
JA/ES E. SHtN,4,VER
LARRY J. KEMPER
JOHN B. Fl.AlT
FRED Rle LAWRENCE
OF COUNSEL
JANE B. MERRILL
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!'3021 EAST 981H STREET
.-. ! 5(JfJ'E 220
INDiANAPOLIS, Il"lDlANA 46280
/ 317-844-0106
FAX; 317-846-8782
FAX TRANSMISSION
COVER SJ..T'PJ:r
Date:
June 24, 2002
To:
Jon Dobosiewicz
Company:
Carmel Dept. of Community Services
Fax:
571-2426
From:
Phone:
James E. Shinaver
317-844-0106
Pages:
3 (including cover sheet)
CommentS:
Re: Brad Hill - Hunters Creek Office Park, LLC
........~***......*.............*......*.******............................****..
The infonnation contained In lhis Mim/le message is intended only for the use oflho individual or entity named above.
If the reader or recipient of this messase is not the Intended recipient or an employee or agent of the intended recipient who
is responsible for deliverIng it to the intended recipient, you are hereby notified that any dissemination, distribution or
copying of this communication Is strictly prohibited. If you have received tbis communication in error, please notify us by
telephone (collect) and return the original message to us at the above indicated address via the U.S. Postal Service. Rec;eipt
by anyone other than the iJltended recipient is nOt a waiver of an auomey-client or work product privilege.
JUN-24-2002 03:06PM
FROMHNELSON ~NKENBERGER
3178468782
NElSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT IJ\W
JA/'ItS J. NELSON
OiARLES D. P'RANKEI"!~ERQER
JAM~ E. SHII'lAVER
~RRYJ.KeMPER
JOHN B. FlATT
FRED RlC ~WRENCE
OF CQUI'tSEL
JANE B. MERRILL
VIA FACSIMILE: 571-2426
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Cannel, IN' 46032
June 24, 2002
Re; Hunters Creek Office Park - Docket No. 125-IZ-Ol
Dear Jon:
w
T-448 P.002/003 F-704
:3021 EAST 96TH S'TREET
Sc.l1TE 2ZO
INDIANAPOLIS. INDIANA 46280
317--844-0106
FAX: 317-846-8782
Enclosed you. will find a copy of a Jetter I recently sent to Ramona Hancock asking her to certify
the action .of the Plan Commission for the above-referenced matter and forward the same to the
Clerk-Treasurer's office so that we may be placed on the Common Council's agenda for their July 15,2002
hearing. In speaking with Charlie on this matter, my understanding is that your office (not Came
Gallagher) will assian us the proposed ordinance number forthis rezone request/annexation. In this regard,
please provide me the proposed ordinance mnnber so that I may provide this to Carrie Gallagher to insure
that we are on the Council's agenda for tIie July. 15,2002 hearing. As usual, thanks for your assistance,
and please call me with any questions.
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JES/jlw
H:\IuMI\HilL BnuI\Oo~;cwioz: lei 06;!402.wpd
v cry 1ruly yours,
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NELSON & FRANKENBERGER
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JUN-24-2002 03:07PM
FROMHNELSON ~NKENBERGER
3178468782
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T-448 P.003/003 F-704
NELSON
&
FRANKENBERCER
A PROFESSIONAL. CORPORATION
ATTORNEYS AT J.,.AW
JAMES J. NELSON
CHAALES D. FRANKENBEROER
JNIIES E. 5H1NAVER
LAAAY J. KEMPER
JOHN B. P\.A1T
OF COl.INSEL
JANE B. MERRILl.
3021 EAST 98TH STREET
$(liTE 220
INOINIAPOLIS, INDW'IA 46280
317 -844-0106
FAX: 317-846-8782
June 24, 2002
VIA FACSIMILE: 571-2426
Ramona Hancock
Department of Community Services
One Civic Square
Carmel,'IN 46032
Re: Brad Hill - Hunters Creek Office Park. LLC
Rezone Application. Docket No. 125-0l-Z
Dear Ramona:
I. am in the process of requesting Carrie Oallagher to place the above-referenced matter on
the Common Council's agel1da for its July 15.2002 hearing. Please accept this letter as a request
for you to certify the action of the Plan Commission on this matter and forward the same to Came
Gallagher and/or Diana Cordray at the €:ity of Carmel. Clerk-Treasurer' s office. My tmderstanding
is that before they will place this matter on the Common Council's alen~ they need this letter
cenifying the action of the Plan Commission from your office. As usual, thank. you for your
cooperation and assistance in this Inaner, and please contact me with any questions.
Very truly yours,
NELSON & FRANKENBERGER
JES/jlw'
H:\Janel\Hill. BIlld\Hancock lit 06201Ol.wpd
Fax
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CITY OF CARMEL
Department of Community Services
One Civic Square
Carmel, IN 46032
(317) 571-2417
Fax: (317) 571-2426
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Springmill Builders, Inc. U
8455 Keystone Crossing Drive
Suite 125
Indianapolis, IN 46240
Telephone 317-255-0777
FAX 317-251-9086
June 3,2002
Mr. Wayne Wilson
Carmel Planning Committee __ -~
Carmel, Indiana (---~- '\
Re: Church property development- Southwest comer of \Marana Dr. & Rohrer Road ___//)
Dear Mr. Wilson: ~ ~
This letter is to confirm the representations to you by Marvin Taylor regarding the
development of the above property. Springmill Builders, Inc. and Marvin Homes, Inc. are very
interested in building homes on the subject property. While we cannot attend the meeting on June
4, 2002 regarding other plans for the property, we offer this letter as a way to let our intent be
known.
We understand that another offer is pending at this time and subject to a plan that includes
office buildings and/or other commercial use. We also understand that the neighborhoods adjacent
to the property (Hunter's Creek South and Autumn Lakes would be more interested in having
homes on the site. While any offer on the property that we consider making would be subject to
the usual negotiation process, our intent would be to keep consistent with the neighbors wishes
for more single family homes.
We hope that this information will be useful in the discussion of the alternate uses of the
property. If you have any questions, please feel free to call me at the above telephone number.
1_
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CITY OF CARMEL
Department of Community Seavices
One Civic Square
Carmel, IN 40032
(311) 571-2417
Fax: (317) 571-2426
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Carmel, IN 46JS2
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FROM-NELSON &~KENBERGER
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T-132 P.002/002 F-188
MAY-OI-2002 04:46PM
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NElSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
JAMES J. NELSON
CHARLES D. FRANKfNBERCiER
JAMES!!. SHINAVER
LARRYJ.KEMPER
JOHN a. F'LATI
FR!D RIC LAWRENCE
OF COONSEL
JI\NE B. MERRIll.
3021 EAST 98TH STREET
SUiTe 220
IND1ANAPOUS. INDIANA 46280
317-844..0 1 06
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May I, 2002
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VIA F ACSlMILE: 571-2426
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Cannel, IN 46032
Re: Hunters Creek Office Park - Docket No. 125-IZ-Ol
Dear Jon:
We recently met with representatives of the Hunters Creek South Homeowners Association to
review a revised proposal. In order to provide sufficient time to review the revised plant they requested
that the Special Studies Committee meeting, presently scheduled for May 14,2002, be continued to June 4,
2002. We agree and. therefore. we are requesting that the matter be continued from May 14. 2002, to the
special Studies Comminee Meeting on June 4, 2002. Please advise. Thanks.
Very truly yours,
NELSON & FRANKENBERGER
~
Charles D. Frankenberger
CDF/jlw .
cc: Al McClure
Brian Scherer
H;\JlIIUll\~lill. Bmd\Dobosi~wiCll'. Ilr 0511101. wpd
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FROHELSON & ~KENBERGER
3178468782
u
T-132 P.001/002 F-188
MAY-OI-2002 04:45PM
f-.
NELSON
&
FRANKENBERGER
A PROFESSIONAL. CORPORATION
ATTORNEYS AT LAW
JAMes J. NELSON
OiARLES D. FRANKEN BERCiER
JAMES E. SHlNAVER
LARRY J. KEMPER
JOHN B. FlATT
OF COUNSEL
JANE B. MERRILL
3021 EAST 98TH STREET
$(JIT! 220
INDIANAPOU5. INDIANA 46280
317-$44-0106
F~ 317-846-8782
FAX TRANSMISSION
COVER SHEET
Date:
May 1.2002
~
~~tfE]w~[Q)
HAY 1 2002
DOCS
To:
JOB Dobosiewia
Company:
Carmel Department of Services
Fax:
571-2426
From:
Charles D. Frankenberger
Phone:
317-844-0]06
Pages:
2
(including cover sheet)
Comments:
Re; Hunters Creek Office Park - Docket No. 125-IZ-Ol
.*******************************************************************************
The Informatton contained in this facsimfle message Is intended only for the use of the Individual or entity named above.
[fthe reader or recipient ofrhis message is not the intended recipient or an employee or agent of the intended recipient who
is responsible for delivering it to the intended recipient, you are hereby notified that any dissemination. distribution or
copying of this communication Is strictly prohibited. 'fyou have received this communication in error. please notifY us by
telephone (collect) and return (he original message 10 us at lhe above indicated address via the u.s. Postal Service. Receipt
by anyone oEher than [he Intended recipient Is not a waiver of an attomey-client or worlt product privilege.
111 Monument Circle, Suite .\
P.O. Box 44924
Indianapolis. IN 46244-0924
Facsimile 317-236-6472
Telephone 317-236-8020
www.lgsd.com
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cc.: 1~~L4J
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Lowe .Gray Steele& Darko, LLP
David F. McNamar
Attorneys at Law
Toll Free: /-800.758-5474
dmcnamar@lgsd.com
April 10, 2002
Mr. Douglas C. Haney
City Attorney
City of Carmel
One Civic Square
Carmel, Indiana 46032
Re: Five Acres at Rohrer Road and Marana Drive in Carmel, Indiana
Dear Mr. Haney:
The undersigned attorney has been retained by the property owner, The United
Brethren Church relative to their 5 acres at Rohrer Road and Marana Drive in the City of
Carmel. In reviewing the situation, I find it strikingly similar to the Leeper Electric Services
situation at 131 st and U.S. 31. These 5 acres is currently zoned for residential and special
uses which are prohibited by the U.S. 31 overlay zoning in which the property is located. I
understand that the City is placing this property in a similar situation to the Leepers.
It is the intention of this letter to place the City on notice of the concerns of the
property owners about this zoning problem. I understand there is a re-zoning petition
presently pending to make use of tIns real estate compatible with the U.S. overlay zoning.
We hope that this is accomplished in the normal course of Planned Commission
proceedings.
In conclusion, my purpose in writing this letter is to make the City aware that this
similar situation exists with these 5 acres that exists with Leeper Electric. We are in hopes
the matter will be resolved as the zoning plan permits.
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If you have any questions, feel free to contact me.
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Hunter's Creek South Homeowners Association
Carmel, IN 46032
Ms. Ramona Hancock- Administrative Assistant
CarmeVClay Planning Commission
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Dear Ms. Hancock,
It's with great regret that I have to send you yet another letter concerning the rezone of the
church property located at Marana Dr. and Rohrer Rd.
It's my understanding that Mr. Charlie Frankenberger has sought and been granted a continuance
from the April 9 Special Studies meeting to May 14. We, as remonstrators, are having difficulty
understanding why the petitioners need more time on this issue. Could it be because they are
having great difficulty getting it approved?
Our feeling is a petitioner has the right to due process. But at what point does due process
become simply a stall tactic? During the last Planning Commission meeting, Mr. Frankenberger
stated he had new information he wanted to present. To date, no new information has been
submitted. Because of the supposed "new" information, the matter was sent back to the Special
Studies Committee that was to have met on April 9.
Please remember the original Special Studies Committee gave a unanimous no recommendation
for this project. Surely you can see why we feel this latest delay is merely a stall tactic.
Also, please remember a Korean church has submitted two (2) offers for this land and is eager to
purchase it so their congregation has a permanent home. With respect to Mr. Frankenberger, this
property is viable for church use.
It is our sincere hope this project will not be approved so we may have another church in our
neighborhood.
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Thank you for your time and the hard work all the members have put into this matter!
Sincerely,
~~
Brian T. Shera- Vice- President
Hunter's Creek South Homeowners Association
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CITY OF CARMEL
Department of Community Services
One Civic Square
Carmel, IN 40032
(317) 571-2417
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JANE B. MERRILL
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Thomas B. O'Farrell
McClure & O'FarreIJ
733 East State Road 32
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Westfield, IN 46074
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317-844-0106
FAX: 317-84&-8782
March 26, 2002
Re: Hunters Creek Office Park
Dear Tom:
As more fully explained in the enclosed letter and on my voice mail, the Special Studies
Committee hearing scheduled to occur April 9, 2002, has been continued to May 14,2002. Please
advise the homeowners. accordingly. We wanted to let you know as soon as possible, so as to
minimize any inconvenien".
Should you have any questions or comments. please do not hesitate to call me. Thanlcs.
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Enclosure
cc: Jon Dobosiewicz
H;Uanlll\HilI. 8ractCFAI'I'lIlllllf 032601.wpd
Very truly yours,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
MAR-Z!-ZOOZ 04 : 44 PM FROM-NEL$ON ~ANKENBERGER
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AiI'ORNEYS AT LAW
JAMES J. NELSON
CHARLES D. PRANKEN8EROER
JAMES E. SHINAVER
LARRY J. K!tfIPER
JOHN B. ~1T
OF COUNSEL
JANE B. MERRILL
3021 WT 98TH STREET
SUITE 220
IrtOIANAPOUS. IN01ANA46280
317-844-0]06
PA)(! 3]7-846-8782
fAX TRANSMISSION
COVER SHEET
Date:
March 26. 2002
To:
Jon Dobosiewicz
Company:
Carmel Department of Services
Fax:
571-2426
From:
Charles D. Frankenberger
Phone:
317-844-0106
Pages:
3
(including cover sheet)
Comments:
Re: Hunters Creek Office Park
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Hunter's Creek South Homeowners Association
Carmel, IN 40032
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As a representative of the remonstrance to the proposed Hunter's Creek Office Park
development, it's my duty to respond to more inaccurate allegations made by Charlie
Frankenberger, Brad Hill and fun Reed.
Ms. Marilyn Anderson-President
Cannel/Clay Planning Commission
Dear Ms. Anderson,
Our responses will follow their anegations page by page starting with their page two (2) and
continuing thru page six (6).
I. "Misrepresentations" - There were in fact misrepresentations made to us throughout this
process. These were attested to by City Council President Wayne Wilson who personally heard
them.
(a) We did have a meeting with the Brethren Church to discuss pOSSIble deed restrictions. We
were told and it was verified, that there are indeed none. Mr. Hill and Mr. Reed weren't invited
because their input wasn't germane to this discussion.
3. "Devaluation"- During this period of , 'uncertainty", the houses in the area haven't been
selling in what is one of the best markets in the area. To attest to this, please find enclosed a copy
of a letter from Mr. and Mrs. Ritter who had a buyer back out at closing upon learning of the
proposed development. Contrary to the developers beliefs, people won't buy over concerns of
property devaluation, traffic and safety.
4. "Other Uses are FeaSIble"-
(a) Residential Use- Contrary to the developers, this land is viable for this use. In fact, we have
been contacted by a developer expressing interest in building homes on this site! Also, we all are
aware that this lot can be pulled from the u.s. 31 Overlay and put into R-I use.
(b) B-3 Use- We, as remonstrators, have never asked that the lot be re-zoned for this use! We
don't want businesses there which is why we are adamantly opposed to this proposal.
(c) Church Use- The property is highly feasible for this use. The reason for the church being
vacant now is it was a start-up church that couldn't attract enough parishioners. As has been
stated before, there have been numerous churches expressing interest in the property. In fact, a
Korean church has tendered three (3) offers and has yet to hear back from the Brethren Church! It
was mentioned by Mr. Frankenberger that the initial offer was $200,000 which they caned
''woefully inadequate" It would have been if the lot was viable as commercial property. The truth
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. is, the average acreage price in our area is around $40,000. So this offer wasn't inadequate. Since
that offer, the Korean church has made other higher offers and again, the Brethren Church has
failed to respond.
5. "Failure to Cooperate"- We readily acknowledge the meetings between the HOA and Mr.
Hill and Mr. Reed. However, the HOA and remonstrators have asked them for help in many areas
but to no avail. These include:
(a) Traffic Study- Numerous times we've asked for a traffic study to be done at the
intersection of 136th St. and U.S. 31. The reason is, this is going to be the main feeder for the
development. As you are aware, this intersection is already a nightmare and the added traffic
would make it worse for those of us who have to traverse it every day. To date, no study has
been done there!
(b) Mounding- Early on in our discussions, in the spirit of "cooperation", we asked for there to
be mounding along Marana Dr. At a meeting attended by fun Reed, Brad HiD, Dave Lambdin,
Gary Lechauer and myself: the subject of mounding was brought up again. Brad Hill steadfastly
denied ever approving mounding. At that time, fun Reed said in fact they had agreed on it and
they were now dropping it from the plans.
(c) Earth Park- After being denied mounding, we asked for an earth park. This too was denied
because it would take too much space out of what they are calling five (5) acres.
(d) Increasing the Set Back- The developers are trying to seem generous when increasing the
set back to forty (40) feet. If you recall, originally the set back was thirty-six (36) feet. How
generous to add another four (4) feet.
6. ''Elimination ofGreenspace"- They are eliminating the available greenspace. What they aren't
telling you is that included in their fifty (50) % greenspace are the areas within the parking lot and
the buffer areas. Keep in mind they HAVE to have these areas for the project.
7. "Fewer than Five Acres"- This is a question that still has not been answered! The survey they
cite from Weihe Engineering was not a true staked survey. In looking thru public records, no
staked survey could be found! Keep in mind, a staked survey is the most accurate. The reason
this is germane is we feel the lot is too small to support this project.
The developers are also touting the reduction in buildings from eight (8) to seven (7). How
generous! To allay the Special Studies Committee's concerns of no water retention areas, they
eliminated one (1) building. What they aren't telling you is instead of having a few buildings sized
at 5,000st: now all seven (7) buildings are 6,OOOsf.
And finally, Brad Hill and fun Reed can cite only on~ (1) homeowner who feels the project is
OK Compare that to the hundreds of remonstrators who have faithfully showed up to all the
meetings. I ask you, which shows the true feelings of the neighborhoods that will be affected?
It's a shame that as in the past, we the remonstrators, have to waste your and ours refuting
baseless allegations of what has occurred throughout this whole process. We would like you to
remember a few things:
1. After very careful study and thought, the Special Study Committee voted unanimously to
give an unfavorable recommendation for this proposal!
2. The remonstrators are as committed to their opposition now as when this started.
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3. For all his wonderful pontificating Charlie Frankenberger is still asking the city to approve a
project that will have many negative impacts to numerous neighborhoods.
We all appreciate all the hard work and study. all the members of the various committees have put
into this project. It is our sincere hope the Planning Commission will pass on the negative
recommendation to the City Council that the Special Studies Committee gave.
Sincerely,
~~
llrian T. Shera- Vice-President
'Hunter's Creek South Homeowners Association
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December 3, 200 I
Carmel Cay Planning Commission
One Civic Square
Carmel, Indiaoa 46032
Dear Commissioners,
It is with great passion that we write this letter to appeal to your better judgment as you consider the
rezoning of the property at the comer of Rohrer Road and Mar.ma Drive for the Hunter's Creek South
Office Park.
We are 20-year residents of Carmel, having lived the past IS years in Hunter's Creek South. More
specifically our home is at 70S Mar.ma Drive, four houses from the proposed office park.
We feel we have made quite an investment over the years in what we believe is a prime location in Carmel.
We now believe it is possible that all of our bani work and commitment to the community may go for
naught, as it appears a quarter of the money we have invested in our home could be lost if this office paIk is
approved. We have first hand knowledge of the potential financial bwden this park. will cause us, our
neighbors, our friends.
We found another home in Carmel in August and moved there October 26, 2001. We were thrilled when
we sold our home in 8 days the first week in September. However once our buyers heard about the
proposed office paIk, they withdrew their offer 7 days prior to our closing date (November 11'1'). Because
of the unknown outoome of this proposal we are having difficulty attracting prospective buyers. Our
Hunter's Creek South Home Owners Association has sought the opinions of qualified appraisers who think
property values in close proximity to the proposed development will be negatively affected, perhaps as
much as 2So/o. Between the loss in value of approximately $36,000 and several months of double mortgage
payments, this could easily cost us $42,000 - $45,000.
. It was one thing to put a retail strip center in an open field facing U.S. 31 (North Meridian Plaza). It's quite
different when you put an 8-bui1ding office complex facing a neighborhood street where children ride their
bikes and people enjoy walks on the neighborhood sidewalks.
But it's not just the firumcial situation and the i111ll1f'1tiate neigbboIhood. We are concerned that the
increased traffic on Rohrer Road will make it dangerous to get in and out of the Monon Trail ingress and
egress. The Monon is a great addition to the city's park system. and it would be a shame to see the years of
work be ~ by what willlike1y be several hundred more cars a day on Rohrer Road. The office park
location will also have a severe negative effect on the intersection at 136lh Street and U.S. 31. The traffic in
the area is so heavy now, it often takes fifteen minutes to get from the comer of 136tb and U.S.3! to 1-465.
We sincerely hope you can see that the proposal for an office park. at this location is absolutely not in the
best interest for your fellow Carmel residents in and around Hunter's Creek South.
Sincerely, ... ~
~~..
~~
Brian and Marsha Ritter
13834 Forest Tenace
Carmel, Indiana 46032
848-2403
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CITY OF CARMEL '
Department ofConmllmity Services ,
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Carmel, IN 46032
~17)571-2417
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CARMEL/CLAY PLAN COMMISSION
DEPARTMENT REPORT
March 19, 2001
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Docket No. 125-01 Z; 136 Street & Rohrer Road PUD/ Hunters Creek Office Park
Petitioner seeks favorable recommendation of a rezone from the B-3 (Business) and R-I
(Residence) districts to a PUD/planned unit development district on 5::!: acres. The site is
located at the southwest comer of Maran a Drive and Rohrer Road.
Filed by Charles D. Frankenberger of Nelson and Frankenberger for Hunters Creek Office
Park, LLC.
The applicant is proposing an office development at the southwest comer of Rohrer Road and
Marana Drive. Please refer to the revised informational packet provided by the applicant for a
complete layout and description of the proposed development. The information packet was
distributed last week with the meeting agenda.
The public Hearing for this item was held in November. It has also been discussed at the.
December 4th, January 8th and February 5th Special Studies Committee meetings. The applicant
requested that the item be tabled to the March 19th Plan Commission as opposed to being placed
on the February 19th docket.
The Special Studies Committee returns this item to the full Plan Commission with a negative
recommendation.
The Department has maintained from the time of the initial Public Hearing that we are in support
of the proposed rezone (see following page for Department rationale). In summary, the proposed
development emm:mtee~ a building size, landscapinglbuffering standard, architecture, and
parking configuration with a high level of sensitivity to the adjacent residential area in order to
provide a transition between that existing residential and the higher intensity commercial uses to
the south and US Highway 31 to the southeast. In addition, the proposed intensity of use is
significantly below what is otherwise permitted under the US 31 Overlay Zone.
In summary, the design of the proposed development (originally and even more so as amended)
is superior to the type of transition that could be achieved under the current zoning (B-3/R-I, US
31 Overlay). Currently there is no use that would be permitted on the property due to the
discontinued use of the property as a Church for over one (1) year. Therefore, either legislative
action by the City Council or multiple levels of relief that could be granted by the Board of
Zoning Appeals will be required to bring this real estate back into productive use.
The Department recommends that this proposed PUD be forwarded to the City Council
with a favorable recommendation.
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Department Rationale:
1. The proposed use provides landscaping in excess of that required under the current
zoning (B-3 and R-I, US 31 overlay). AE. directed by the Department, the applicant has
concentrated on providing buffering along the sides of the property adjacent to residential uses
and street. The applicant has further amended the plan to provide additional area as well as
planting materials.
2. Any proposed use for the site as a single development will require rezone approval by the
City Council. The site is split by the B-3 and R-I zone, the west half zoned B-3 and the east half
zoned R-I. The entire tract is also under the US 31 Overlay requirements, which excludes all
residential uses and many of the uses allowed under the B-3. Currently there is no use that would
be permitted on the property due to the discontinued use of the property as a Church for over one
(1) year. Therefore, either legislative action by the City Council or multiple levels of relief that
could be granted by the Board of Zoning Appeals will be required to bring this real estate back
into productive use.
3. Under the US 31 Overlay requirements any proposed structure would have to be a
minimum of 15,000 square feet in size. The minimum size proposed by the applicant is 5,000
square feet (please refer to the proposed ordinance and site plan). This will provide for a softer
transition between the residential and more intense commercial use to the south. In addition, the
buildings (see informational packet for elevations) are designed to be more compatible with the
adjacent residential uses. This type of design is not permitted in the US 31 Overlay as required
today for the property. The Department is in favor of the residential-style building for this
location as opposed to the more traditional larger office buildings seen in other areas of the US
31 corridor.
4. The site has been laid out with the parking lot at the middle of the site screening it from
view of the adjacent residential uses. It is not likely that we would see this type of configuration
with a larger building (i.e. the minimum 15,000 square foot building sizes required under the US
31 overlay).
5. The applicant has prepared a Traffic Operations Analysis. The information in the analysis
indicates that the use will generate 100 trips in the AM peak hour and 131 trips in the PM peak
hour. They are proposing to construct dedicated right and left turn lanes on the eastbound
approach of Marana Drive and Rohrer Road due to increased left-turn and right-turn movements.
This will result in Level of Service "A" for all intersection approaches at both the entrance and
the intersection of Rohrer Road and Marana Drive with one LOS "B" as an exception. This is the
impact at the peak hour (the time with the most traffic). The impact at all other times of the day
will be less significant. However, there is no level of service better than level "A".
,.-
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JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
lAWRENCEJ. KEMPER
JOHN B. nATT
of counsel
JANE B. MERRILL
VIA HAND DELIVERY
Ramona Hancock
Department of Community Services
One Civic Square
Carmel, IN 46032
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
A'ITORNEYS-AT-lAW
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March 8, 2002
Re: Hunters Creek Rezone - Docket No. 125-01-Z
Dear Ramona:
3021 EAsr 98th 9rREEI'
Sum: 220
OOIANAPOus, INDIANA 46280
317-844-0106
FAX: 317-846-8782
Enclosed are twenty. (20) informational brochures for the Plan Commission meeting
scheduled for March 19,2002. If you should have any questions, please feel free to call. Thank you.
CDF/jlw
Enclosures
H:IJanctIHill. Brad\Hancock-PC brochures 031902.wpd
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Very truly yours,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
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Carmel, IN .1(6:)32
('317) 571-2417
rU: (317) 571-2426
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JAMES E. SWNA VER
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JOHN B. FLAIT
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JANE B. MERRILL
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT.IA W
February 8, 2002
Mr. Jon Dobosiewicz
Department of Community Services
One Civic Center
Carmel, IN 46032
Re: Hunters Creek Office Park - Docket No. 125-01-Z
Dear Jon:
o
3021 EAsr 98tb SmFEr
Sum: 220
1NDIANAPous, INDIANA 46280
317-844-0106
FAX: 317-846-8782
As you know, the special Studies Committee has concluded its analysis and referred this
matter back to Plan Commission. Please do not place this matter on the Plan Commission's agenda
for February 19, 2002; instead, please table this matter and place it on the Plan Commission's agenda
for March 19, 2002. Thank you for your assistance, and feel free to call with any questions or
comments.
CDF/jlw
H:\JanetIHiIl, BmdIDobosiewicz Itr 020802.wpd
Very truly yours,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
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SHAMBAUGH, KAST, BECK &: WILLIAMS, LLP
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MICHAEL H. KAST
EDWARD E. BECK
STEPHEN J. WILLIAMS
JOHN B. POWELL
RONALD D. FELGER
PAUL R. STURM
NATHAN SJ. WILLIAMS
BRIAN M. SIMPSON
229 W. BERRY STREET, SUITE 400
P.O. BOX 11648
FORT WAYNE, INDIANA 46859-1648
TELEPHONE (219) 423-1430
FAX (219) 422-9038
Email: skbwlawyers@skbw.com
URL: hup:/ /www.skbw.com
WILLARD SHAMBAUGH
(1897-1976)
February 1,2002
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Ms Ramona Hancock, Administrative Asst
Carmel/Clay Plan Commission
One Civic Sq
Carmel IN 46032
Re: Hunter's Creek Office Park
Dear Ms Hancock:
I am writing to you on behalf of the Brethren Conference oflndiana, Inc., and as a member of the
Brethren Church. As you are undoubtedly aware, the Brethren Conferenceoflndiana, Inc. (the "Church"),
is ,the owner of property situated at the comer of Rohrer Road and Marana Drive which is the subject of a
proposed Planned Unit Development that is currently being considered by the Special Studies Committee of
the Carmel/Clay Plan Commission.
To this point, I have spoken to the Plan Commission and Special Studies Committee to address
particular issues on behalf ofthe Church. The Church has let the prospective purchaser of its property and
our co-petitioner speak to the merits ofthe Planned Unit Development known as Hunter's Creek Office Park
(the "Office Park" or the "PUD"). Now, I would like to address the PUD in the context ofthe concerns which
the Church has that its interests as the owner of the subject parcel are not being given due consideration.
When the Church determined that it would no longer use this parcel as a church, its motivation turned
to stewardship ofthe asset which it had. The use ofthe term "stewardship" is not a means of disguising greed
as some have insinuated. Rather, as any seller of real estate would, the Church was looking to realize a good
return on the property from a purchaser who would put the property to good and neighborly use.
From the outset, the Church understood that the property was uniquely situated within both a residen-
tial neighborhood and the U.S. 31 Overlay Zone. Through no fault ofthe Church, the property is zoned for
uses which are largely impermissible. The Church understood that this unique situation and the size of the
parcel prohibited many uses to which the property might otherwise be put. The Church also understood that
the comprehensive plan, as embodied by the Overlay Zone, permitted certain uses which the Church felt were
inappropriate given the residential character of the neighborhood.
.,.-' .-
, ,
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Q
Hunter's Creek Office Park
February 1,2002
Page 2
As a result, the Church was concerned that it would have difficulty finding a purchaser for the
property. Understandably, the Church was relieved when it was approached by Hunter's Creek Office Park,
LLC, as the proposed Office Park seemed to be the perfect fit for the parcel of property and the purchaser was
precisely what the Church had been seeking.
The Church continues to believe that the Office Park, as proposed, represents responsible growth for
the community and responsible development of the subject parcel in particular. The PUD is not only
consistent with the comprehensive plan as expressed by the U.S. 31 Overlay Zone; it is significantly more
restrictive in density, permissible building size and height, landscaping and permissible use. The design of
the Office Park is also consistent with the current character ofthe residential neighborhood.
Your consideration ofthe PUD is guided by Indiana Code ~36-7-4-603. Due consideration is to be
given to the comprehensive plan. The Office Park unquestionably follows the comprehensive plan, but in a
manner which is less intense, more protective and considerate of neighboring residential uses. In addition
to this and to those items discussed above, you should consider the conservation of property values. The
property values to be considered include not only the properties of the neighbors, but also the value of the
Church 's property. To this point, the neighbors have inferred that their property values would drop, but have
yet to come forward with any evidence in support of this contention. The Church believes that vacant
buildings and the current uncertainty have a more significant impact upon the neighbors' property values.
In any event, no consideration has been given to the conservation ofthe property values of the Church. The
Church would not raise this as an issue if it were not for the fact that it believes that the proposed use is a
responsible one.
You will also, undoubtedly, consider the most desirable use for this land. Here, I believe, is the heart
ofthe neighbors' remonstrance. They believe-and are entitled to believe-that the PUD is not the most desir-
able use for the land. They would understandably prefer to have the property used as a park; however we do
not believe that it is reasonable to ask your neighbor to maintain a park for you at their expense. Although
the neighbors have insinuated that it could be used as a church facility still, our experience has proven to the
Church that there really is not much of a market for use of this property as a church anymore.
There has also been talk of using the property for residential purposes. Again, the experience ofthe
Church in marketing the property is that it did not attract much in the way of viable offers from purchasers
intending to develop it for residential use. The Church is concerned by statements by Plan Commission
members in the media that the best use for this property is residential. The Church is even more concerned
by the comments of Council members in open meetings that ordinances have already been drafted to zone
the property for residential purposes without the consent ofthe Church. The Church believes that a taking
such as this would be disturbing to any property owner.
.- .
u
(,)
...
Hunter's Creek Office Park
February 1, 2002
Page 3
What the neighbors believe to be the most desirable use for the land is in direct contrast to what the
Church believes to be the most desirable use for the land. The neighbors' concerns are certainly entitled to
receive consideration. However, to this point, the din created by their remonstrance has drowned out the
Church's concerns as a fellow property owner in general, and as the owner of the subject property in particu-
lar. We continue to assert and believe, after careful review ofthe PUD and assessment ofthe situation, that
the Office Park is the most desirable use for the property. Our concern is this: Ifthe Office Park is not the
ideal use for this property, then-as the owner of this property with unique characteristics and restrictive
zoning-we cannot discern what is the proper use and wonder to whom we should market the property.
The Church does commend the Plan Commission and Special Studies Committee for avoiding a knee-
jerk reaction and taking a studious approach to its consideration ofthe PUD. In the course ofthis considera-
tion, however, the Church implores you to consider not only the interests and concerns of the vocal
remonstrator, but also the interests and concerns ofthe owner ofthe property. I regret that I will be unable
to attend the February 5, 2002, Special Studies Committee meeting. Nevertheless, I welcome any questions
you have and would be pleased to engage in a discourse over these issues. I trust that you will do what is
responsible, and I thank you for your time.
Very truly yours,
7t~~ a.~
Nathan Williams
E-Mail: nwilliams@skbw.com
NSW:d1b
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT-IA W
w
JAMES J. NElSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
IAWRENCE J. KEMPER
JOHN B. FLATI
or col1llSel
JANE B. MERRilL
3021 EAsr 98th ST1u%r
Sum 220
1Nnwwous, INDIANA 46280
317-844-0106
FAX: 317-846-8782
January 28, 2002
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Jon C. Dobosiewicz
Carmel Department of Community Services
One Civic Square
Carmel IN 46032
Re: Hunters Creek Office Park
Docket No. 125-01-Z
Dear Jon:
Enclosed you will find copies of letters and enclosures sent to the members of the Special
Studies Committee for its meeting on February 5,2002 for this matter. .
Please call me with any questions or comments. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
~~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\JanetlHiII. Brad\Dobosicwicz.ssc Itr OI2802,wpd
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.LA W
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~~
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
l..t\WRENCE J. KEMPER
JOHN B. FLATT
of counsel
JANE B. MERRIlL
3021 EAsr 98th SrREEr
SUITE 220
INOlANAPOlJS, JNDlANA 46280
317-844-0106
FAX: 317-846-8182
January 25, 2002
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\ DOCS
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Members: Special Studies Committee
Jerry Chomanczuk
5208 Lake Point Drive
Carmel, IN 46032
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - February 5,2002
Dear Jerry:
At the conclusion of the meeting of the Special Studies Committee which occurred on
January 8, 2002, we were asked to meet with Jon Dobosiewicz of the Carmel Department of
Community Services for the purpose of reviewing and revising the PUD Ordinance. That meeting
occurred on January 16, 2002, at 2:00 p.m. Brad Hill, Jim Reed, and I attended this meeting and,
per the remonstrators' request, their attorney, Al McClure, was also present.
As a result of the meeting, the PUD Ordinance was revised. I have enclosed a black-lined
version of the PUD Ordinance, together with a clean version of the PUD Ordinance, both of which
reflect the changes~ Please note that the set back from Marana Drive has been increased from 30 feet
to 40 feet, and that the number of buildings has been reduced from 8 to 7.
. I have also sent the revised PUD to Jon Dobosiewicz and AI McClure for their review.
Hopefully, the revisions will facilitate your review.
Land use issues can become pitched with emotion. We believe, however, that through all
the unpopularity and opposition, the following facts emerge:
I. Zoning Ouandry. The 5 acres is zoned for uses which, in large pari, are prohibited;
w
w
~~
Jerry Chomanczuk
January 25, 2002
Page 2
2. Traffic. Traffic studies are valuable and relied upon. This particular traffic study is simple.
It is not complex, involving multiple assumptions and projections into the future. It is
uncontroverted that the traffic is nominal and, as indicated in the Department's report, there
is no level of service more efficient than A.
3. Intensity. The office park is not intense. Its density is substantially below what is permitted
by the Overlay Zone;
4. Landscaping. The office park will be heavily and attractively landscaped in excess of the
requirements of the Overlay District. More than 50% of the site is landscaped areas;
5. Comprehensive Plan. The office park follows the recommendations of the Comprehensive
Plan.
6. Overlay Zone. The office park complies with the dictates/of the Overlay Zone.
7. Transition. The office park provides transition and buffering, both of which are cornerstones
of fundamental urban land use planning.
In sum, we believe that principles of good planning, detached from emotion and unpopularity,
encourage approval of the office park.
We look forward to presenting this to you on February 5, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
c~
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: Leo Dierckman
E. Nicholas Kestner III
Dianna Knoll
Pat Rice
Paul L. Spranger
Wayne A. Wilson
H:\JlIIlCl\Hill, Brad\Chomanczuk Itr 0 m02. wpd
~
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.LA W
u
'1
JMlES J. NElSON
CHARLES D. FRANKENBERGER
JAMES E. SWNA VER
LAWRENCE J. KEMPER
JOHN B. FlATf
of counsel
JANE B. l\jERRILL
3021 EAsr98th S'rREEr
Sum: 220
lNDIANAPOus, INDIANA 46280
317-844-0106
FAX: 317-846-8782
January 25, 2002
Members: Special Studies Committee
Leo Dierckman
12310 Windsor Drive
Carmel, IN 46033
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JAN 30 2002
DOCS
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana "-
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - February 5, 2002
Dear Leo:
At the conclusion of the meeting of the Special Studies Committee which occurred on
January 8, 2002, we were asked to meet with Jon Dobosiewicz of the Carmel Department of
Community Services for the purpose of reviewing and revising the PUD Ordinance. That meeting
occurred on January 16, 2002, at 2:00 p.m. Brad Hill, Jim Reed, and I attended this meeting and,
per the remonstrators' request, their attorney, AI McClure, was also present.
As a result of the meeting, the PUD Ordinance was revised. I have enclosed a black-lined
version of the PUD Ordinance, together with a clean version of the PUD Ordinance, both of which
reflect the changes.,:Please note that the set back from Marana Drive has been increased from 30 feet
t,o 40 feet, and that the number of buildings has been reduced from 8 to 7.
I have also sent the revised PUD to Jon Dobosiewicz and Al McClure for their review.
Hopefully, the revisions will facilitate your review.
Land use issues can become pitched with emotion. We believe, however, that through all
the unpopularity and opposition, the following facts emerge:
I. Zoning Ouandrv. The 5 acres is zoned for uses which, in large part, are prohibited;
"'
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'"
Leo Dierckman
January 25, 2002
Page 2
2. Traffic. Traffic studies are valuable and relied upon. This particular traffic study is simple.
It is not complex, involving multiple assumptions and projections into the future. It is
uncontroverted that the traffic is nominal and, as indicated in the Department's report, there
is no level of service more efficient than A.
3. Intensitv. The office park is not intense. Its density is substantially below what is permitted
by the Overlay Zone;
4. Landscaping. The office park will be heavily and attractively landscaped in excess of the
requirements of the Overlay District. More than 50% of the site is landscaped areas;
5. Comprehensive Plan. The office park follows the recommendations of the Comprehensive
Plan.
6. Overlay Zone. The office park complies with the dictates of the Overlay Zone.
. 7. Transition. The office park provides transition and buffering, both of which are cornerstones
of fundamental urban land use planning.
In sum, we believe that principles of good planning, detached from emotion and unpopularity,
encourage approval of the office park.
We look forward to presenting this to you on February 5, 2002.
Respectfully submitted,
,
.,.
NELSON & FRANKENBERGER
c~-
Charles D. Frankenberger
CDF/jlw
Enclosures
. cc: Jerry Chomanczuk
E. Nicholas Kestner III
Dianna Knoll
Pat Rice
Paul L. Spranger
Wayne A. Wilson
H:\JanctlHill. Bmd\Dien:kman JIr OI2502.wpcI
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.LAW
u
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SlDNA VER
lAWRENCE J. KEMPER
JOHN B. FIATI
or coUllSel
JANE B. MERRILL
3021 EAsr 98th SmEET
Sum 220
1ND1ANAPOus, INDiANA 46280
317-844-0106
FAX: 317-846-8782
January 25, 2002
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[~ J JAN 30 2002
\ ' DOCS
Members: Special Studies Committee
E. Nicholas Kestner III
2123 West 106th Street
Carmel, IN 46032
,/
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Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - February 5,2002
Dear Nick:
At the conclusion of the meeting of the Special Studies Committee which occurred on
January 8, 2002, we were asked to meet with Jon Dobosiewicz of the Carmel Department of
Community Services for the purpose of reviewing and revising the PUD Ordinance. Thatmeeting
occurred on January 16, 2002, at 2:00 p.m. Brad Hill, Jim Reed, and I attended this meeting and,
per the remonstrators' request, their attorney, AI McClure, was also present.
As a result of the meeting, the PUD Ordinance was revised. I have enclosed a black-lined
version of the PUD Ordinance, together with a clean version of the PUD Ordinance, both of which
reflect the changes.:. Please note that the set back from Marana Drive has been increased from 30 feet
to 40 feet, and that the number of buildings has been reduced from 8 to 7.
I have also sent the revised PUD to Jon Dobosiewicz and Al McClure for their review.
Hopefully, the revisions will facilitate your review.
Land use issues can become pitched with emotion. We believe, however, that through all
~e unpopularity and opposition, the following facts emerge:
1. Zoning Ouandty. The 5 acres is zoned for uses which, in large part, are prohibited;
/
.-
u
u
E. Nicholas Kestner III
January 25, 2002
Page 2
2. Traffic. Traffic studies are valuable and relied upon. This particular traffic study is simple.
It is not complex, involving multiple assumptions and projections into the future. It is
uncontroverted that the traffic is nominal and, as indicated in the Department's report, there
is no level of service more efficient than A.
3. Intensitv. The office park is not intense. Its density is substantially below what is permitted
by the Overlay Zone;
4. Landscaping. The office park will be heavily and attractively landscaped in excess of the
requirements of the Overlay District. More than 50% of the site is landscaped areas;
5. Comprehensive Plan. The office park follows the recommendations of the Comprehensive
Plan.
6. Overlay Zone. The office park complies with the dictates of the Overlay Zone.
7. Transition. The office park provides trari.sition and buffering, both of which are cornerstones
of fundamental urban land use planning.
In sum, we believe that principles of good planning, detached from emotion and unpopularity,
encourage approval of the office park.
We look forward to presenting this to you on February 5, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
c~~
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: Jerry Chomanczuk
Leo Dierckman
Dianna Knoll
Pat Rice
Paul L. Spranger
Wayne A. Wilson
H:lJanetlHill. Brad\Kcslllcr lb' OI2'02.wpd
.'
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l)
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT.lA W
Q
JAMES J. NElSON
CHARLES D. FRANKENBERGER
JAMFS E. SHINA VER
LAWRENCE J. KEMPER
JOHN B. FLATT
of counsel
JANE B. MERRILL
3021 EAsr 98th Srattl'
Sum: 220
OOIANAPOus, INDIANA 46280
317-844-0106
FAX: 317-846-8782
January 25, 2002
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JAN 30 2002
DOCS
Members: Special Studies Committee
Dianna Knoll
1305 Smokey Row Lane
Carmel, IN 46033
Re: Hunters Creek Office Park .. 5 Acres at Rohrer and Marana
The Cannel Bretheren Church (the "Church")
Docket No. l25';01-Z
Special Studies Committee - February 5, 2002
Dear Dianna:
At the conclusion of the meeting of the Special Studies Committee which occurred on
January 8, 2002,' we were asked to meet with Jon Dobosiewicz of the Carmel Department of
Community Services for the purpose of reviewing and revising the PUD Ordinance. That meeting
occurred on January 16,2002, at 2:00 p.m. Brad Hill, Jim Reed, and I attended this meeting and,
per the remonstrators' request, their attorney, Al McClure, was also present.
As a result of the meeting, the PUD Ordinance was revised. I have enclosed a black-lined
version of the PUD Ordinance, together with a clean version of the PUD Ordinance, both of which
reflect the changes.~Please note that the set back from Marana Drive has been increased from 30 feet
to 40 feet, and that the number of buildings has been reduced from 8 to 7.
J have also sent the revised PUD to Jon Dobosiewicz and AI McClure for their review.
Hopefully, the revisions will facilitate your review.
Land use issues can become pitched with emotion. We believe, however, that through all
the unpopularity and opposition, the following factS emerge: /'
1. Zoning Ouandry. The 5 acres is zoned for uses which, in large part, are prohibited;
...
u
Q
Dianna Knoll
January 25, 2002
Page 2
2. Traffic. Traffic studies are valuable and relied upon. This particular traffic study is simple.
It is not complex, involving multiple assumptions and projections into the future. It is
uncontroverted that the traffic is nominal and, as indicated in the Department's report, there
is no level of service more efficient than A.
3. Intensity. The office park is not intense. Its density is substantially below what is permitted
by the Overlay Zone;
4. Landscaping. The office park will be heavily and attractively landscaped in excess of the
requirements of the Overlay District. More than 50% of the site is landscaped areas;
5. Comprehensive Plan. The office park follows the recommendatiens of the Comprehensive
Plan.
6. Overlav Zone. The office park complies with the dictates of the Overlay Zone.
7. Transition. The office park provides transition and buffering, both of which are cornerstones
of fundamental urban land use planning.
In sum, we believe that principles of good planning, detached from emotion and unpopularity,
encourage approval of the office park.
We look forward to presenting this to you on February 5, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
c?~
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: Jerry Chomanczuk
Leo Dierckman
E. Nicholas Kestner III
Pat Rice
Paul L. Spranger
Wayne A. Wilson
H:\Ianet\HiI~ Brad\Knolllll' om02.wpd
..'
u
NELSON
&:
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATfORNEYS.AT.LAW
o
JAMES J. NElSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
lAWRENCE J. KEMPER
JOHN B. FLATT
of counsel
JANE B. MERRll.L
3021 EAsr 98th Snu:Er
Sum: 220
1ND1ANAPOus, INDiANA 46280
317-844-0106
FAX: 317-846-8782
January 25, 2002
;~:-';:..~. -\-----'"'-
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JAN 30 2002
DOCS
, ,>
Members: Special Studies Committee
Pat Rice
9659 Wild Cherry Lane
Indianapolis, IN 46280
I-
I
, '
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - February 5,2002
Dear Pat:
At the conclusion of the meeting of the Special Studies Committee which occurred on
January 8, 2002, we were asked to meet with Jon Dobosiewicz of the Carmel Department of
Community Services for the purpose of reviewing and revising the PUD Ordinance. That meeting
occurred on January 16,2002, at 2:00 p.m. Brad Hill, Jim Reed, and I attended this meeting and,
per the remonstrators' request, their attorney, AI McClure, was also present.
As a result of the meeting, the PUD Ordinance was revised. I have enclosed a black-lined
version of the PUD Ordinance, together with a clean version of the PUD Ordinance, both of which
reflect the changes~ Please note that the set back from Marana Drive has been increased from 30 feet
to 40 feet, and that the number of buildings has been reduced from 8 to 7.
,I have also sent the revised PUD to Jon Dobosiewicz and Al McClure for their review.
Hopefully, the revisions will facilitate your review.
Land use issues can become pitched with emotion. We believe, however, that through all
the unpopularity and opposition, the following facts emerge:
1. Zoning Ouandry. The 5 acres is zoned for uses which, in large part, are prohibited;
..
u
u
Pat Rice
January 25, 2002
Page 2
2. Traffic. Traffic studies are valuable and relied upon. This particular traffic study is simple.
It is not complex, involving multiple assumptions and projections into the future. It is
uncontroverted that the traffic is nominal and, as indicated in the Department's report, there
is no level of service more efficient than A.
3. Intensity. The office park is not intense. Its density is substantially below what is permitted
by the Overlay Zone;
4. Landscaping. The office park will be heavily and attractively landscaped in excess of the
requirements of the Overlay District. More than 50% of the site is landscaped areas;
5. Comprehensive Plan. The office park follows the recommendations of the Comprehensive
Plan.
6. Overlay Zone. The office park complies with the dictates of the Overlay Zone.
7. Transition. The office park provides transition and buffering, both of which are cornerstones
of fundamental urban land use planning.
In sum, we believe that principles of good planning, detached from emotion and unpopularity,
encourage approval of the office park.
We look forward to presenting this to you on February 5, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
e~--
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: Jerry Chomanczuk
Leo Dierckman
E. Nicholas Kestner III
Dianna Knoll
Paul L. Spranger
Wayne A. Wilson
H:\JanetlHiII. Brad\Rice III' 012502. wpd
,.
..
'f'
U)
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.IAW
u
JAMES J. NEI$ON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
lA WRENCE J. KEMPER
JOHN B. FIATI'
orcounse1
JANE B. MERRnL
~l EAsr 98th SIRFEI'
Sum: 220
INDIANAPOlJS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
January 25, 2002
. ~ ~~
e,6~''''l"\\\~\
~~ ~~ I,;
~
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. / ,;,
. /\
Members: Special Studies Committee
Paul L. Spranger
Six Shade Lane
Carmel, IN 46032
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - February 5,2002
Dear Paul:
At the conclusion of the meeting of the Special Studies Committee which occurred on
January 8, 2002, we were asked to meet with Jon Dobosiewicz of the Carmel Department of
Community Services for the purpose of reviewing and revising the PUD Ordinance. That meeting
occurred on January 16,2002, at 2:00 p.m. Brad Hill, Jim Reed, and I attended this meeting and,
per the remonstrators' request, their attorney, Al McClure, was also present.
As a result of the meeting, the PUD Ordinance was revised. I have enclosed a black-lined
version of the PUD Ordinance, together with a clean version of the PUD Ordinance, both of which
reflect the changes;: Please note that the set back from Marana Drive has been increased from 30 feet
to 40 feet, and that the number of buildings has been reduced from 8 to 7.
J have also sent the revised PUD to Jon Dobosiewicz and Al McClure for their review. .
Hopefully, the revisions will facilitate your review.
Land use issues can become pitched with emotion. We believe, however, that through all
the unpopularity and opposition, the following facts emerge:
1. Zoning OuandIy. The 5 acres is zoned for uses which, in large part, are prohibited;
.
t
-.
(j)
o
Paul L. Spranger
January 25, 2002
Page 2
2. Traffic. Traffic studies are valuable and relied upon. This particular traffic study is simple.
It is not complex, involving multiple assumptions and projections into the future. It is
uncontroverted that the traffic is nominal and, as indicated in the Department's report, there
is no level of service more efficient than A.
3. Intensity. The office park is not intense. Its density is substantially below what is permitted
by the Overlay Zone;
4. Landscaping. The office park will be heavily and attractively landscaped in excess of the
requirements of the Overlay District. More than 50% of the site is landscaped areas;
5. Comprehensive Plan. The office park follows the recommendations ofthe Comprehensive
Plan.
6. Overlay Zone. The office park complies with the dictates of the Overlay Zone.
7. Transition. The office park provides transition and buffering, both of which are cornerstones
of fundamental urban land use planning.
In sum, we believe that principles of good planning, detached from emotion and unpopularity,
encourage approval of the office park.
We look forward to presenting this to you on February 5, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
C..c.. --
Charles D. Fr~enberger
CDF /jlw
Enclosures
cc: Jerry Chomanczuk
Leo Dierckman
E. Nicholas Kestrier III
Dianna Knoll
Pat Rice
Wayne A. Wilson
H:\JanetlHiII, BradlSpranger Itr 012302. wpd
;;-'
v
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS.AT-lAW
u
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SBINA YER
IAWRENCE J. KEMPER
JOHN B. FIA'IT
of(OunseI
JANE B. MERRILL
3021 EAsr 98th Sl'REEr
Svm: 220
1ND1ANAPOus, INDIANA 46280
317-844-0106
FAX: 317-846-8782
January 25, 2002
-,//
/.
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Members: Special Studies Committee
Wayne A. Wilson
24 Wilson Drive
Carmel, IN 46032
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Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - February 5, 2002
Dear Wayne:
At the conclusion of the meeting of the Special Studies Committee which occurred on
January 8, 2002, we were asked to meet with Jon Dobosiewicz of the Carmel Department of
Community Services for the purpose of reviewing and revising the PUD Ordinance. That meeting
occurred on January 16,2002, at 2:00 p.m. Brad Hill, Jim Reed, and I attended this meeting and,
per the remonstrators' request, their attorney, Al McClure, was also present.
As a result of the meeting, the PUD Ordinance was revised. I have enclosed a black-lined
version of the PUD Ordinance, together with a clean version of the PUD Ordinance, both of which
reflect the changes;. Please note that the set back from Marana Drive has been increased from 30 feet
~o 40 feet, and that the number of buildings has been reduced from 8 to 7.
.I have also sent the revised PUD to Jon Dobosiewicz and Al McClure for their review.
Hopefully, the revisions will facilitate your review.
Land use issues can become pitched with emotion. We believe, however, that through all
the unpopularity and opposition, the following facts emerge:
1. Zoning Ouandrv. The 5 acres is zoned for uses which, in large part, are prohibited;
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Wayne A. Wilson
January 25, 2002
Page 2
2. Traffic. Traffic studies are valuable and relied upon. This particular traffic study is simple.
It is not complex, involving multiple assumptions and projections into the future. It is
uncontroverted that the traffic is nominal and, as indicated in the Department's report, there
is no level of service more efficient than A.
3. Intensity. The office park is not intense. Its density is substantially below what is permitted
by the Overlay Zone;
4. Landscaping. The office park will be heavily and attractively landscaped in excess of the
requirements of the Overlay District. More than 50% of the site is landscaped areas;
5. Comprehensive Plan. The office park follows the recommendations of the Comprehensive
Plan.
6. Overlay Zone. The office park complies with the dictates of the Overlay Zone.
7. Transition. The office park provides transition and buffering, both of which are cornerstones
of fundamental urban land use planning.
In sum, we believe that principles of good planning, detached from emotion and unpopularity,
encourage approval of the office park.
We look forward to presenting this to you on February 5,2002.
Respectfully submitted,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
CDF/jlw
Enclosures
cc: Jerry Chomanczuk
Leo Dierckman
E. Nicholas Kestner III
Dianna Knoll
Pat Rice
Paul L. Spranger
H:\Janel\HiII, Brad\Wilson Itr OI2$02.wpd
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FRANKENBERGER
A PltOFESSIONAL CORPORATION
ATIORNEYS-AT.IAW
JAMES J. NELSON
CHARLES D. Fl"NKENBERGER
JAMES E. saINA VER
LAWRENCE J. KEMPER
JOHN B. FLATI
of c:oumel
JANE B. MERRIlL
3021 EAsr 98th SnulEr
Sum: 220
1ND1ANAPOU8, INDIANA 46280
317-844-0106
FAX: 317-846-8782
January 25,2002
Members: Special Studies Committee
Wayne A. Wilson
24 Wilson Drive
Carmel, IN 46032
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - February 5, 2002
Dear Wayne:
At the conclusion of the meeting of the Special Studies Committee which occurred on
January 8, 2002, we were asked to meet with Jon Dobosiewicz of the Carmel Department of
Community Services for the purpose of reviewing and revising the PUD Ordinance. That meeting
occurred on January 16,2002, at 2:00 p.m. Brad Hill, Jim Reed, and I attended this meeting and,
per the remonstrators' I:~quest, their attorney, Al McClure, was also present.
As a result of the meeting, the PUD Ordinance was revised. I have enclosed a black-lined
version of the PUD Ordinance, together with a clean version of the PUD Ordinance, both of which
reflect the changes. Please note that the set back from Marana Drive has been increased from 30 feet
t~ 40 feet, and that the number of buildings has been reduced from 8 to 7.
I have also sent the revised PUD to Jon Dobosiewicz and Al McClure for their review.
Hopefully, the revisions will facilitate your review.
Land use issues can become pitched with emotion. We believe, however, that through all
the unpopularity and opposition, the following facts emerge:
1. Zoning Ouandry. The 5 acres is zoned for uses which, in large part, are prohibited;
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Wayne A. Wilson
January 25, 2002
Page 2
2. Traffic. Traffic studies are valuable and relied upon. This particular traffic study is simple.
It is not complex, involving multiple assumptions and projections into the future. It is
uncontroverted that the traffic is nominal and, as indicated in the Department's report, there
is no level of service more efficient than A.
3. Intensity. The office park is not intense. Its density is substantially below what is permitted
by the Overlay Zone;
4. Landscaping. The office park will be heavily and attractively landscaped in excess of the
requirements of the Overlay District. More than 50% of the site is landscaped areas;
5. Comprehensive Plan. The office park follows the recommendations of the Comprehensive
Plan.
6. Overlay Zone. The office park complies with the dictates of the Overlay Zone.
7. Transition. The office park provides transition and buffering, both of which are cornerstones
of fundamental urban land use planning.
In sum, we believe that principles of good planning, detached from emotion and unpopularity,
encourage approval of the office park.
We look forward to presenting this to you on February 5, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
CDF/jlw
Enclosures
cc: Jerry Chomanczuk.
Leo Dierckman
E. Nicholas Kestner III
Dianna Knoll
Pat Rice
Paul L. Spranger
H:\JanellHiII, Brad\Wilson Itr012502.wpd
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CITY OF CARMEL
Department of C(lmmunity Services
One Clvlc Square
Carmel, IN 4aJ32
(317) 571-2417
Fax: (317) 571-2426
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Hunter's Creek South Homeowners Association
Carmel, IN 40032
January 10, 2002
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Please find enclosed a copy of a letter that was sent to all members of the Special Study
Committee.
Jon C. Dobosiewicz
Carmel Department of Community Services
Dear Jon,
In order to reduce the amount of paperwork in the file, I have enclosed only one copy. The
letters sent to the other committee members are identical to the one here.
If you have any questions, please feel free to contact me at 844-3008.
Brian T. Shera- Vice-President
Hunter's Creek South Homeowners Association
Sincerely,
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Hunter's Creek South Homeowners Association
Carmel, IN 4m32
January 10, 2002
Mr. Leo Dierckman-Chair
Special Study Committee
Dear Leo,
I first want to thank you for doing such a great job at figuring out the mess known as Hunter's
Creek Office Park.
This letter is a response to allegations made by both Charlie Frankenberger and the church's
attorney, Nathan Wi11iam~ regarding the remonstrators actions. It was alleged we "ambushed"
representatives of the church at a neighborhood meeting. Nothing could be further from the truth.
I take offense to this because I was helping to moderate the meeting and felt the residents were
more than gracious. I think Wayne Wilson, who was at the meeting, said it best when he said he
wished he could bottle our meeting and give it to other area remonstrators due to our restraint
and graciousness.
Another point of contention we have concerns the loss of property values. It has been repeated
and written many times by Charlie Frankenberger that the project would not have a negative effect
on property values. This in fact is one of their leading points. I find it curious then in the Special
Study meeting on January 8, Mr Frankenberger discussed this issue again. It came up when
discussing the option of taking the traffic south through a parking lot owned by Flynn & Z"mkan.
In Charlie's own words, Flynn & Z"mkan wanted compensation for what the lessors saw as a loss
in their commercial rental value if this were to happen.
r again find this curious. How is it that commercial renters feel that if this plan were to go
through, they would lose value on their business investment yet according to Charlie, the project
won't have a negative impact on homeowners property values? To me, Charlie did a better job at
illustrating our argument than we ever could!
We, the remonstrators, welcome the opportunity to go over their PUD on a line-by-line basis. As
I told David Cremeans, we have many concerns about their PUD and our attorney has addressed
some of them in your red binder.
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I feel that as a representative of the various homeowners, it was my duty to set the record straight
on unfounded attacks made by the developers. The remonstrators have been providing
information from the start and been respectful to all parties involved. It is our intention to remain
this way during this process. We think its a shame that this process has turned into name calling
and making baseless accusations.
The remonstrators want nothing more than to be respectful of all those involved in this process.
We will do what it takes to maintain this decorum no matter what gets said about us.
Again, we thank you for your time and consideration!
Sincerely,
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Brian T. Shera- Vice- President
Hunter's Creek South Homeowners Association
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October 25,2001
Dear Sir:
This letter is to express a concern in behalf of the single family
neighbors to the north, west, and east of the proposed commercial
development planned at the southwest comer of Rohrer Road and Marana
Drive, Cannel, Indiana 46032.
It is my opinion that home values adjacent north in the Hunters Creek
South neighborhood, will be negatively affected, with an economic
obsolescence between 10% to 25%. The increased traffic count, view and
noise of busy commercial activity {early morning trash trucks, delivery
vehicles, etc.}, and the planned traffic exit on Marana Drive, would reduce
the desirability of the neighborhood. The intersection of Rohrer Road and
Marana, with a considerable increase of traffic, would be expected to create a
very busy and dangerous intersection.
My Opinion of Market Value for adjacent homes immediately north of
the proposed commercial development would have a negative economic
obsolescence of 25% to a negative influence of 10% for more distant homes
in Hunters Creek South and other area single family homes.
Sincerely,
~~
Donald D. Scholer
Certified Residential Appraiser, CR49400433
Real Estate Broker, AB2980024
Il/JU/~OOl FRI 15:09 FAX 317 578 0075
..r. NOV-39-ZDDl OZ:08PM FROM-Fe TIICJO:t1 "01 GROUP
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AXA ADVISORS Il&I UUl
311666Z398 Q. T-117 P.ODZ/002 F-355
November 30, 2001
To Whom It May Concern:
Re: Proposed Office Development at Rohrer Road and Marana
It is my professional opinion that the above proposed office develop-
ment will substantially affect the resale value of any homes immedia-
tely adjacent to the proposed development.
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Furthermore, the value of other homes in the development will suffer
based on their proximity to the project and the view the home has of
the proposed development.
These opinions are based on 31 years of marketing and selling resi.
dential real estate.
Sincerely.
Ted Butz, CRS
REALTOR
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F.e. T.a. Company, IDI:.
7201 North MGridian SQI:t, S'iite 250
IndllllUlpalis, IN 46Z6O
Olfio:: ~ 17-566-23"
F:a: 317-'560z.'J9B
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATroRNEYS-AT-LAW
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CHARLES Do FRANKENBERGER
JAMES E. SBINAVER
LAWRENCE .J. KEMPER
of coUDSel
JANE B. MERRILL
3021 EAsr 98tb S1uET
Sum 220
lNDwwoUl, INDWIA 46280
317-844-0106
FAX: 317-846-8782
December 28,2001
Wayne A. Wilson
24 Wilson Drive
Carmel, IN 46032
". Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the '"Church")
Docket No. 125-01-Z
Special Studies Committee - January 8, 2002
Dear Wayne:
In advance of the Special Studies Committee meeting scheduled to occur on January 8,2002,
we thought it would be helpful to provide a summary of the points we will address. To this end, we
offer the discussion which follows, and enclose:
(i) a perimeter survey from Weihe Engineering confirming that the real estate, in fact.
is 5 acres;
(ii) response letters from the Hamilton County Highway Department regarding access
to Rohrer Road, and
(iii) a revised site plan.
1. Access directly south to Rohrer Road. In deference to the concerns of the neighbors as
well as the interests of fairness and balance, we vigorously explored the possibility of
obtaining access directly south to Rohrer Road. Unfortunately, for the reasons which follow,
we have ascertained that pursuing this option is not feasible or practical:
(a) The real estate across which the access would be constructed is not owned by the
Church;
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{ December 28, 2001
Page 4
(d) Tbe proposed office park follows with tbe Comprebensive Plan and tbe U.S. 31
Overlay Zone, the objective of which is to bring office use to this area;
(e) By permitting substantially less intensity than permitted by the U.S. 31 Overlay
Zone, the office park provides real and meaningful transition and step down, both of
which are cornerstones of fundamental urban land use planning;
(t) The 5 acre site will be heavily and attractively landscaped. The landscaping exceeds
the already high standards of the U.S. 31 Overlay Zone;
(g) As substantiated by the two previously submitted opinions of certified residential
appraisers, the office park will not cause devaluation. Uncertainty amplifies
devaluation. While enduring uncertainty will fuel devaluation, the proposed office
park will positively resolve uncertainty and stabilize prices; and
(h) For the foregoing reasons, the proposal is recommended by the Department of
Community Services.
We look forward to discussing this request with you on January 8, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
c~/-
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: David A. Cremeans
Leo Dierckman
Linda Flanders
Nick Kestner
Pat Rice
Paul Spranger
H:\JlIIIC\\HiII. BIlId\WiJsoa III' 12280I,wpcl
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A PROFESSIONAL CORPORATION
ATIORNEYS-AT-LAW
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JAMES J. NIUON
CBARLFS J). FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
of counsel
JANE.8. MERRILL
302l EAsr 98th 8TuIi:r
SvrrB 220
INDWW'Ous. INDIANA 46280
317-844-0106
FAX: 317-846-3782
November 28,2001
Wayne A. Wilson
24 Wilson Drive
Carmel,. IN 460~2
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
Docket No. 125-01-Z
Special Studies Committee - December 4,2001
Dear Wayne:
In advance of the Special Studies Committee meeting scheduled to occur on December 4,
2001, we thought it would be helpful to provide the following summary of points we will address:
1. Traffic. Concerns were expressed about traffic. The evidence on this issue, however, is
incontrovertible. Even the most liberal trip-generation estimates conducted by certified
traffic engineers have determined the impact of the proposed office park to be clearly
nominal. Intersection levels of service "A" will be achieved at the A.M. and P.M. peak
hours, with only one level of service "B" as an exception. The impact at all other times of
the day will be less significant; however, as indicated in the Department's report, there is no
level of service more efficient than "A".
2. ZoniD&- The land is partially zoned B-3 (business) and R-I (residential). It is, however,
located within the U.S. 31 Overlay Zone, which prohibits residential uses and many B-3 uses.
In other words, the five acres has the unique designation of being zoned for uses which, in
part, are prohibited.
The proposed use delivers practical, well-conceived solutions to the challenges presented by
this unique site. It complies with both the Comprehensive Plan and the U.S. 31 Overlay
Zone, the objective of which is to bring office use to this area. The proposed office use is
understated and low intensity, comprising single-story, residential-style buildings. It
provides buffering and transition by both its low level of intensity and its exceptional
landscaping.
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Wayne A. Wilson
November 28, 2001
Page 2
The U.S. 31 Overlay Zone permits (i) Maximum Parcel Coverage of65% and (ii) Maximum
Flooftuea Ratios of O. 70. The proposed development is 48,000 square feet of single story
buildings 'on five acres. This results in a floor area ratio of22% and a parcel coverage of
22%, each of which is substantially below what is permitted in the U.S. 31 Overlay Zone.
This proposal is neither dense nor in tens e.-
3. Impact 00 Surroundio~ Values. While impact on surrounding values is not the sole
consideration, it is something about which we have inquired. We have received and filed the
opinions of two certified appraisers, asserting that the existence of the proposed office park
will not decrease values. These opinions, copies of which are enclosed, reflect common
sense judgments of what has occurred in the immediate real estate market.
The conditions establishing the value of nearby residential real estate already exist. These
conditions include the proximity of the U.S. 31 corridor, the shopping center environment
established by the Meridian Village Plaza, and the uncertainty surrounding the use of the five
acres. It is this uncertainty, and not the answer to the uncertainty, which causes devaluation.
In other words, a potential purchaser of a nearby residence would be aware of the abandoned
five acres and the fact that it will eventually be used for something. This purchaser will
discount value, accordingly, and would most likely assume a use more intensive than that
proposed. For these reasons, we believe that (i) it is the uncertainty, and not the proposal,
which worsens value, and (ii) the proposal is not the problem but, instead, the solution that
stabilizes prices and eliminates uncertainty by positively answering the unknown.
4. Other Uses. In response to the foregoing discussion on devaluation, it may be argued that
other uses are preferable. In this regard, what follows is a brief discussion of other available
uses:
(a) Residential Use. Considering the comparatively small size of the real estate, its
narrow configuratio~ and its exposure to the Meridian Village retail center and U.S.
31, it is not feasible to develop the real estate for detached single family homes.
Multi-story, multi-family development would perhaps be economically viable, but
may create other concerns such as increased traffic, additional impact on schools, and
devaluation. Either optio~ however, is pw-ely academic because this parcel is
governed by the U.S. 31 Overlay Zone, which prohibits residential use, per se.
(b) B-J Use. Part of the real estate is zoned B-3. All uses within the B-3 District are
permitted special uses, requiring approval by the Board of Zoning Appeals. While
the U.S. 31 Overlay Zone prohibits many of the B-3 uses, it would permit such uses
as schools, hospitals, or a multi-story office building. These uses would exist in
large, multi-story structures, for which parking would not be centered and screened
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SHAMBAUGH, KAST, BECK &: WILLIAMS, LLP
q{~
229 W. BERRY STREET, SUITE 400
P.O. BOX 11648
FORT WAYNE, INDIANA 46859-1648
TELEPHONE (219) 423-1430
'!!1 FAX (219) 422-9038
'" / ail: skbwlawyers@skbw.com
. : http://www.skbw.com
MICHAEL H. KAST
EDWARD E. BECK
STEPHEN J. WILLIAMS
]OHN B POWELL
RONALD D. FELGER
]AMES D. STREIT
PAUL R. STURM
NATHAN S.]. WILLIAMS
WILLARD SHAMBAUGH
(1897-1976)
CarmeVClay Planning Commission
Re: Hunter's Creek Office Park
Docket No. 125-01-Z
Dear Members of the Commission:
I represent the Brethren Conference oflndiana, Inc., (the "Brethren Conference") in the course of
the sale of the property located at the intersection of Marana Drive and Rohrer Road in Carmel, and in the
presentation of the petition referred to above. I am also a member of the Brethren Church.
As you are undoubtedly aware, certain ofthe neighbors ofthis property have objected to its use by
Hunters' Creek Office Park. In connection with these objections, these neighbors requested to meet with
leaders from the Brethren Conference. Tim Garner, the District Pastor, and Gene Eckerly, the Brethren
Conference Moderator, met with the neighbors in the early part of November, 2001. The purpose ofthis
letter is to address the allegations now being made by the neighbors that Tim and Gene lied during this
meeting.
First, the premise of the meeting was to discuss whether there were any conditions on the transfer
ofthe title from the Brethren Conference. Certain ofthe neighbors were under the mistaken beliefthat the
property was given to the Brethren Conference, and that it was restricted to use as a church. Tim and Gene
agreed to meet with the neighbors for the purpose of clarifying this point.
At the meeting, the neighbors quickly began asking other questions of Tim and Gene. Tim and Gene
have both been in their current positions only since June, 200 1. Neither one was involved in this transaction,
and neither one was terribly familiar with its details. Still, Tim and Gene stayed and listened.
Gene was asked whether there was a written contract to sell the property to Hunter's Creek Office
Park, and whether the Brethren Conference was obligated to cooperate in the presentation of the instant
petition. Gene responded that he was not aware that there was a written contract, but that it did not matter
because the Brethren Conference had given its word that it would sell the property and cooperate in the
presentation of the petition. At no point did he represent that there was no written contract.
,
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Carmel/Clay Planning Commission
January 8, 2002
Page 2
At no point did either Tim or Gene represent that the Brethren Conference did not support the peti-
tion. At no point did Tim or Gene make a statement to the effect that they would go back and see to it that
the project was stopped. At one point, Gene was asked ifhe was told that there were no objections to the
proposed project. Gene responded that he did not have that information.
In sum, neither Tim nor Gene made any statement as to any kind of position with respect to this peti-
tion. They attempted to make it very clear to the people present at that meeting that they did not have a lot
ofthe information which the neighbors were seeking. They went to the meeting for the purpose of clarifying
that the Brethren Conference did purchase the property, and that it was permitted to sell it for the intended
use. They did not say or do anything to indicate that there was no contract, or that the Brethren Conference
did not support this project.
Tim and Gene are pastors by trade, not realtors or businessmen. Both felt somewhat ambushed by
the meeting. But both men are certain that they neither did nor said anything that could have led to the
allegations which are now being made. Both men, and the Brethren Conference as a whole would also like
to reaffirm their commitment to this project, and also the commitment to cooperate with the members ofthe
Commission and Special Studies Committee in resolving any disputes.
Very truly yours,
l(~ ;t$-" ,
Nathan Williams
E-Mail: nwilliams@skbw.com
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Hunter's Creek South Homeowners Association
Carmel, IN 40032
Mr. Paul Spranger
Special Studies Committee
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January 08, 2002
Dear Paul,
Please find enclosed a copy of an e-mail that was sent to an the members of the Carmel-Clay
Planning Commission form a Hunter's Creek South homeowner.
Mrs. Ingegno is a commercial property manager in both Carmel and Indianapolis by profession.
Her letter points out inherent problems that are associated with any commercial development.
These problems are germane to the Hunter's Creek office park because if the project were built,
these problems would be brought directly into our neighborhoods.
It is my hope that you will take these concerns into consideration when deciding the fate of this
proposed office park.
If you have any further questions regarding this letter, Mrs. Ingegno is more that willing to have
you call her.
Thank you for your time and consideration!
Sincerely,
~~~
Brian T. Shera- Vice-President
Hunter's Creek South Homeowners Association
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lawn /'or the church when church elden turn their head to the weeds and high smses on their property. It
would be unrealistic t.o U8\lI1Ie that we would do the same for a commercial davelopment.
LalldRaDq II. You ClIII require all or the pretty landsc:aping)'OU want when the development is
1380$ Roswell Drive
Cannel, IN 46032
January 3.2002
R.e: Hunten Creek South - Commercial DeveloDlllfut l'i1 Mlralll
Dear Cannel Planning Commisaion:
lam a seven year homl!OW!1et of Hunters Creek South. Over the years aty family has grown to
enjoy living in Cann :1 and in our subdivision. The families of our subdivision represent what fIVer)'
community should share. It ill a community whereby we care IDd watch ova- one anoth... We have
created a safe and enjoyable place to live.
As a homeowner I am very concerned with the proposed commercial development on Marana (at
Roehre:r Rd). I have listened to all oflhe comments IIId concern. expressed at each. oelh. City meetinp. I
echo each oflhese concerns. More importantly, I would like to express new conc:ema that I don't belifNO
were raised during these meetings.
By profession t am a Property Manap'. t manage commercial property in both Cannel and
Indianapolis. One in particular is not unlik. the <me proposed before the Commission. My profession IIId
experience in the tield ofproperty management allows me greater insight into this project. It allows me to
foresee what we have in st<<e for our community should you approve this project. A few concerns that
have not yet been raised indude the following:
:Isud&!: Assuming a well-run commercial development hires drh-c through security, one sliD
fac:ea additional break-ins. pl'OI).-ty vandalism, tenant alarms activations. Worse case, there is no security
whmoever . add to thi.liJI drug raftickinSllld other hiaher level disturbances. Oiven its 100000on. this
will be a well hiddal. secluded oftic:e park. Perfect for cradina problema.
Q....._ At its best. a-bqe am remains a problem. In additiCII to the BtIIndard prbap
produced by 1ft offic:o parIc. it is not UDcommcm for people in the community to dump their excesses in
commercial developulIllts. These excesses oftca include large broken appliances, old furniture, elC. This
becomes 8ft immedi. ,le eye sore to the deYelopment and the community. It is also not IIDcommon for an
office park to attnct "dumpster diven". CcmmCIIly theM are people looking fer baDIt recorcII, ~
approved c:redit card applications, pracriptiCII peds, drup. needles om. medic:al suppUClI, dc. (Late
night and wee hour prbap removal canmanly scheduled Car COIIIIIlCI'Cial prapatica become very
diwuptlwto the Imm.mte hOlDIlL)
~_........_. With COIIItl'UCtiOll comes drua tratBcidDg. We have ClltI*ienced it in tbe put
during the dcw:lopment of the medical buildlnp along 136* St _ 5mokey Row. Ifyal daa't believe me,
please _our local pollee. 11Iey haw pe doer to door maldn8 hCIIIIllOWller8 aW11"8 of the prablem.
YaPaelea One Ibing !hit WOIries me men than a tUlly occupiecl otllc:e park. it's a ~Iy
vaCllllt offtc:o parle. With little income to ofJHt the expeIses, comers are cut. The prop<<tY besins to
d8terioratL (Often the hip costs ofl~clscapinl ~co is cut back or removed ~ tho budpt.)
1bia dltcrioratian creates more vandalism, more cnm.. a IlIIIeI' eye sore to the community. By year end
2000th, commercial V8C8DC)' rate in the North Carmel ara wu 12.1%. By the end of2001. itdimbed to
I S%. We take pride in our neishborilood. It is not WlcomlllQl to see our commUllity members mowing the
ttse t.LS J.t~
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lawn ror the church wilen d1urd1 elders turn their head to the weeds and hiah pses on their property. \t
would be unrealistic to assume that we would do the same f'or a commercial development.
LaDdJcaDl~: You can requite all of the pretty landscapins you want when the development is
planned. This landscaping is often not inlltalled and often not kept up. Once the plants die, they are seldom
reptacecL It is unrealistic to believe that any landM:aping thll: is initially required by the City will actually
create a buffer to the surrounding homes. It comes at a hlah cost not only install. but to maintain on an
ongoing basis.
Dellveri..; Depending on the tenant mix. it is not uncommoo to have many large trucks makins
commercial deliveries to the tenants. W. don't need these large trucks mingling and potentially creating I
risk to our chffdren.
Yau have before you the power to help us sustain I vibrant community of Carmel. You also have
the power to create great t-arm to a community, not unlike your own. I ask that you help us to sustain our
community and reject: the proposal before you. The only "highest and l!m: use for this land is to develop
it into single family homes. (Not unlike the newest homo developments along Roehrer Rd.) By doing so. it
will compliment the srea and help to sustain yet another strong community of Cannel. I would be glad to
answer In)' questions as they may relate to property manaaement fX the comments made in this lettel'. I can
be reached at (317) 580.9384. I thank you for listening to one last plea to reje<:t this proposed commtt'clal
development.
Sincerel)',
Susanne F. Ingegno
(Frank N. Ingegno)
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I'm writing with regards to a zoning request for a p'arce1 ofland located at the co~~~~iCi:~~))
Dr. and Rohrer Rd. in Clay Township. The request is seeking commission approval to erect eight
(8) office buildings with a total of 48,000sf in a residential neighborhood.
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Hunter's Creek South Homeowners Association
Carmel, IN 46032
Ms. Ramona Hancock
Carmel/Clay Planning Commission
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Dear Ms.Hancock,
As vice-president of the Hunter's Creek South Homeowners Association, I represent them as
wen as the Hunter's Knon neighborhoods. The associations are very concerned how the
proposed development will aftect our economic as well as social viability.
If you weren't aware, at both the Planning Commission in November as wen as the Special
Studies Committee meeting, we had close to 200 homeowners present. Also, we have close to
the same amount on a petition in opposition to the project. These signatures were provided to
members of the Special Studies Committee and were included in a binder that succinctly outlined
our reasons for the opposition. Copies can be made available to both you and the entire Planning
Commission if so requested.
I also want to express my concern regarding the remonstrators lack of time in giving a
presentation at the Special Studies Committee meeting. The developers attorney was allowed
roughly thirty (30) minutes and we were given roughly five (5) minutes. I realize public input is
rarely allowed at this meeting. However, given the large numbers of remonstrators present and
the sincere interest for our homes, we fek out of courtesy, we should have been given more time.
One of the things we were hoping for is the opportunity to make our presentation to either the
Special Studies Committee of the .full Planning Commission. We feel we have alot more at stake
than the developers. They stand to make money while the surrounding property owners stand to
lose an estimated $4,000,000. I would appreciate a call letting me know what our chances are for
making a presentation.
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December 3,2001
v
Carmel Oay Planning Commission
One Civic Square
Carmel, Indiana 46032
Dear Commissioners,
It is with great passion that we write this letter to appeal to your better judgment as you consider the
rezoning of the property at the comer of Rohrer Road and Marana Drive for the Hunter's Creek South
Office Park.
We are 20-year residents of Carmel, having lived the past 15 years in Hunter's Creek South. More
specifically our home is at 705 Marana Drive, four houses from the proposed office park.
We feel we have made quite an investment over the years in what we believe is a prime location in Carmel.
We now believe it is possible that all of our hard work and commitment to the community may go for
naught, as it appears a quarter of the money we have invested in our home could be lost if this office park is
approved. We have first hand knowledge of the potential financial burden this park will cause us, our
neighbors, our friends.
We found another home in Carmel in August and moved there October 26, 2001. We were thrilled when
we sold our home in 8 days the first week in September. However once our buyers heard about the
proposed office park, they withdrew their offer 7 days prior to our closing date (November 12~. Because
of the unknown outcome of this proposal we are having difficulty attracting prospective buyers. Our
Hunter's Creek South Home Owners Association has sought the opinions of qualified appraisers who think
property values in close proximity to the proposed development will be negatively affected, perhaps as
much as 25%. Between the loss in value of approximately $36,000 and several months of double mortgage
paym.ents,tbis could easily cost us $42,000 - $45,000.
It was one thing to put a retail strip center in an open field facing U.S. 31 (North Meridian Plaza). It's quite
different when you put an 8-building office complex facing a neighborhood street where children ride their
bikes and people enjoy walks on the neighborhood sidewalks.
But it's not just the financial situ3tion and the itntnediate neighborhood. We are concerned that the
increased traffic on Rohrer Road will make it dangerous to get in and out of the Monon Trail ingress and
egress. The Monon is a great addition to the city's park system and it would be a shame to see the years of
work be damaged by what will likely be several hundred more cars a day on Rohrer Road. The office park
location will also have a severe negative effect on the intersection at 1361b Street and V.S. 31. The traffic in
the area is so heavy now, it often takes fifteen minutes to get from the comer of 1361b and U.S.31 to 1-465.
We sincerely hope you can see that the proposal for an office park at this location is absolutely not in the
best interest for your fellow Carmel residents in and around Hunter's Creek South.
Sincerely, .... ~
~~..
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Brian and Marsha Ritter
13834 Forest Terrace
Carmel, Indiana 46032
848-2403
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CITY OF CARMEL
Department of Community Services
One Civic Square
Carmel, IN 4e032
(317) 571-2417
Fax: (317) 571-2426
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ATTORNEYS-AT-LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
December 28, 2001
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
Q
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - January 8, 2002
Dear Jon:
3021 EAST 98th STREET
SurrE 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
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Enclosed for your files are copies of letters sent today to members of the Special Studies
Committee, along with the enclosures thereto. Please do not hesitate to call me if you have any
questions. TharIks.
Very truly yours,
NELSON & FRANKENBERGER
(L
Charles D. Frankenberger
CDF/jlw
Enclosures
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Parcel (/17-09-24-00-00-044.001 ~
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Hunters Creek South - Section One . .
D.B. 12, Pgs 74-76
FLYNN & Z1NKAN REALTY COMPANY
Instr: (/89029314
MERIDIAN VILLAGE PLAZA
LEGAL DESCRIPTION:
PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 3 EAST, IN HAMILTON COUNTY,
INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 18 NORTH,
RANGE 3 EAST, IN HAMILTON COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 06 MINUTES 42 SECONDS EAST
(ASSUMED BEARING) ON THE EAST LINE OF SAID SOUTHWEST QUARTER 1451.11 FEET: THENCE NORTH 88
DEGREES 00 MINUTES 00 SECONDS WEST 40.03 FEET TO THE TRUE POINT OF BEGINNING FOR THE TRACT HEREIN
DESCRIBED; THENCE NORTH 88 DEGREES 00 MINUTES 00 SECONDS WEST 715.00 FEET; THENCE SOUTH 01
DEGREE 03 MINUTES 53 SECONDS EAST 201.80 FEET; THENCE SOUTH 62 DEGREES 24 MINUTES 21 SECONDS
EAST 324.67 FEET; THENCE SOUTH 88 DEGREES 00 MINUTES 00 SECONDS EAST 365.87 FEET TO THE
NORTHWESTERLY RIGHT-OF-WAY LINE FOR U.S. HIGHWAY 31 PER WARRANTY DEED RECORDED IN DEED RECORD
248. PAGE 216 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA; THENCE NORTH 16 DEGREES
54 MINUTES 30 SECONDS EAST ON SAID NORTHWESTERLY RIGHT-OF-WAY LINE 198.45 FEET: THENCE NORTH 00
DEGREES 06 MINUTES 42 SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER 150.10
FEET TO THE POINT OF BEGINNING, CONTAINING 5.000 ACRES, MORE OR LESS.
HUN~'S CREEK OFF'Ia PARK, ac.
. WEIHE ENGINEERS, INC.
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HIGHWAY DEPARTMENT
December 27,2001
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Mr. Charles D. Frankenberger
Nelson & Frankenberger '
3021 East 98th Street, Suite 220
Indianapolis, Indiana 46280
RE: Hunters Creek
S of Marana Drive / W of Rohrer Road
. Clay Township
Dear Charlie:
Thank you for submitting the requested Traffic Operations Analysis for the above-mentioned
project. After revi~wing the Analysis, the Highway Department has the following comments:
1. The Analysis shows the entrance onto Marana Drive. According to the Analysis, all
intersections which were studied will continue to function at acceptable Levels of Service
when the project has been completed.
2. Your suggestion of a right in/right out on Rohrer Road will not be permitted. The entrance is
not needed and the existing geometric conditions of the area do not make the entrance onto
Rohrer Road an acceptable option. The right in/right out entrance does not provide a large
enough deterrent to motorists that wish to make left turns out of or into the entrance/exit,
therefore creating a greater hazard to motorists traveling through the area.
3. The entrance onto Rohrer Road does not follow the typical traffic flow patterns that the
Highway Department strives to achieve. The typical pattern is for the traffic to flow from the
local streets, to the collector roads to the arterials. Marana Drive is a local street and Rohrer
Road is a collector road.
4. The Highway Department will expect improvements to be made to the intersection of Rohrer
Road and Marana Drive as listed in the Analysis.
If you have any questions or comments concerning this letter, please feel free to contact me at
anytime.
Sincerely,
/~/3~
. Steven J. Broermann
Staff Engineer
cc: Jon Dobosiewicz
G:\USERS\SB\2001Tac\ 12-27.o1hunterscreek.doc
1700 Sou th 10lh Street
Noblesville, In. 46060
..nvw.C'o.hamilton.in.us
Office (317) 773.7770
Fax (317) 776-9814
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RE: Hurtlerl Creek
S of Maraq DrIve I W of Rohrer Road
ctay Townehlp
Deer Mr. Pner:
HAMILTON COUNTY
HIGHWAY DEPARTMENT
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Mr. Fred Parker
W8Ihe Englneera Inc.
10505 Harth College Avenue
Indianapolis, IndIW'l84&280
Thls letter aeN. to f'dIaw up commer1t8 made durtng our phone conV8nletlon of Deoember 19.
2001. cancemlng the Hunterl Oreek project. .
1. The Highway Depaftment wauld not ",""11. the entrance for thIS praJecI to be plBCl8Cl on
Rahrer Road. The Ilmtted eJght distance to the south, and the traftlc h8mrds th8t w~ be
created by left turll8lnlD this de'IeIopment do not make 8ft entr8I\ce onto Rahrer Road . .
vlebJe optIcn.
2. The Highway Department WIll expect improvements to be m.d. to the IntBr8ectlon d Rohrer
Road and Mal'8t18 Dr1V8.
If ~u h8ve any questlans or comments concernlllD thl& 1eUer. p1e8se feet he to contact me Bl
anytime.
SIncerelY,
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lteff Engineer
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OFFIGE (6)
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OFFICE (&)
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CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
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December 28, 2001
Members: Special Studies Committee
David A. Cremeans
Windows & Siding ofIndianapolis
5041 West 96th Street
Indianapolis, IN 46268
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-0l-Z
Special Studies Committee - January 8, 2002
Dear David:
In advance of the Special Studies Committee meeting scheduled to occur on January 8, 2002,
we thought it would be helpful to provide a summary of the points we will address. To this end, we
offer the discussion which follows, and enclose:
(i) a perimeter survey from Weihe Engineering confirming that the real estate, in fact,
is 5 acres;
(ii) response letters from the Hamilton County Highway Department regarding access
to Rohrer Road, and
(iii) a revised site plan.
1. Access directly south to Rohrer Road. In deference to the concerns of the neighbors as
well as the interests of fairness and balance, we vigorously explored the possibility of
obtaining access directly south to Rohrer Road. Unfortunately, for the reasons which follow,
we have ascertained that pursuing this option is not feasible or practical:
(a) The real estate across which the access would be constructed is not owned by the
Church;
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December 28, 2001
Page 2
(b) There is a recessed storm water retention area just south of the Church's 5 acres. The
access would encroach upon and require a reduction and significant restructuring of
this retention area;
..
(c)
Steep elevation differences exist. Just north of the fence and retaining wall, existing
along the northwest side of Meridian Village Plaza, is an immediate 15' vertical drop.
One standing at this fence, for instance, is eye-level with the Church's steeple;
" (d) This vertical dropwould necessitate the construction of a conspicuously aesthetically
unappealing ramp, and would cause a rather rapid descent and ascent for drivers and
pedestrians;
(e) The required ramp and attendant elevation differences would result in a conflict with
traffic merging into the common exit from Meridian Village Plaza;
(f) A shared entrance thru the much larger shopping center, together with the steep down
hill approach to the office park, would confuse and obscure the identity of the office
park; and
(g) The intervention of the access, together with the attendant construction and
restructuring, would devalue some of the leases in the shopping center, causing the
owner to require, as part of the cost of land acquisition, recompense for tenants.
While anyone of these considerations may be overcome, it is our belief that the sum cannot:
2. Access directly east onto Rohrer Road. As part of our due diligence, we also explored the
possibility of accessing directly east onto Rohrer Road. As indicated in the letter from the
Hamilton County Highway Department, however, another cut onto Rohrer Road would not
be recommended for the following reasons:
(a) There is limited sight distance to the south would result in traffic hazzards;
(b) It is the Highway Department's preference to have vehicles first move into a local or
feeder street before moving into an arterial; and
(c) The proposed office park and road improvements are sufficient to accommodate the
increase in traffic.
The existing entrance onto Marana is ample; in other words, what exists should be used
where, as here, it is superior to alternatives which, for stated reasons, are not feasible.
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December 28, 2001
Page 3
3. IntensitylDensity. In office use, the number of buildings is not an indicator of density,
intensity, or level of activity; instead, the most accurate measure of intensity is the size of
the rentable area. We believe that this is why, for instance, zoning ordinances typically
regulate commercial intensity by limiting the maximum parcel coverage, or the maximum
floor area ratios. In this regard, the U.S. 31 Overlay Zone permits (i) maximum parcel
coverage of 65%, and (ii) maximum floor area ratios of 70%. The office park, as originally
proposed, is 46,000 square feet of single story residential style buildings located on 5 acres.
This configuration results in parcel coverage or a floor area ratio of 21 %, each of which is
substantially below what is permitted in the U.S. 31 Overlay Zone. Stated differently, the
intensity of the proposed office use is less than one-third of that permitted by the
U.S. 31 Overlay Zone. In this regard, when compared to what is permitted under the
U.S. 31 Overlay Zone, the office park imposes more restrictions on the developer and
provides greater protection for the residential neighbors. As such, we believe this
proposal is neither dense nor intense.
4. Revised Proposal. Nevertheless, in an effort to address comments made during the public
hearings, Hunters Creek Office Park has revised its proposal to reduce the number of
buildings from eight to seven, resulting in a reduction from 46,000 square feet of single'
story office buildings to 42,000 square feet of office buildings. This reduction, as illustrated
on the revised site plan, further reduces to 19.5% the already low intensity of this
understated office community. This, in turn, will further reduce the nominal amount of
traffic generated by the office park.
5. Benefits of the proposal. Considering the following, the proposed office park deliv~rs
practical and optimal solutions to the problems presented by this challenged 5 acre site:
(a) This site is in the unfortunate quandry of being zoned for uses which are largely
prohibited;
(b) The office park is a low intensity, understated office use comprising single story,
residential appearing office buildings. Approximately 29% of the site is dedicated
green belt, and over 50% of the site is landscaped areas, unoccupied by buildings or
parking lots;
(c) The office park generates only nominal traffic: (i) during both the A.M. and P.M.
peak hours, all approaches at the intersection of Marana Drive and Rohrer Road
operate at a level of service A, (ii) during the A.M. peak hour, all approaches to the
intersection of Marana Drive and Offutt Drive operate at a level of service A, and
(iii) during the P.M. peak hour, all approaches to the intersection of Marana Drive
and Offutt Drive operate at a level of service A, with the exception of only 1 of 4
approaches, which operates at a level of service B.
,-- ,
/
'.
~
u
David A. Cremeans
December 28, 2001
Page 4
(d) The proposed office park follows with the Comprehensive Plan and the U.S. 31
Overlay Zone, the objective of which is to bring office use to this area;
( e) By permitting substantially less intensity than permitted by the U.S. 31 Overlay
Zone, the office park provides real and meaningful transition and step down, both of
which are cornerstones of fundamental urban land use planning;
(f) The 5 acre site will be heavily and attractively landscaped. The landscaping exceeds
the already high standards of the U.S. 31 Overlay Zone;
(g) As substantiated by the two previously submitted opinions of certified residential
appraisers, the office park will not cause devaluation. Uncertainty amplifies
devaluation. While enduring uncertainty will fuel devaluation, the proposed office
park will positively resolve uncertainty and stabilize prices; and
(h) For the foregoing reasons, the proposal is recommended by the Department of
Community Services.
We look forward to discussing this request with you on January 8, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
c~/.~
Charles D. Frankenberger
CDF/jlw
Enclosures
~:\laneIIHiII. BmdlCremeans Itr 12280l.wpd
:-
lD
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT-UW
u
December 28, 2001
/,
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',,/ ~ SUITE 220
;:.;' ~ INDIANAPOLIS, INDIANA 46280
..t. ,:; h ~&~~p~ 317-844-0106 .
~1 tlfe J11f'&~ FAX: 317-846-8782
;-::;\ ~ 2170.'1
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3021 EAsr !18th STREET
JAMES J. NELSON
CHARLES n FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
Linda A. Flanders
14285 Oakbrook Cuort
Carmel, IN 46033
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Spec;ial Studies Committee - January 8, 2002
Dear Linda:
In advance of the Special Studies Committee meeting scheduled to occur on January 8, 2002,
we thought it would be helpful to provide a summary of the points we will address. To this end, we
offer the discussion which follows, and enclose:
(i) a perimeter survey from Weihe Engineering confirming that the real estate, in fact,
is 5 acres;
(ii) response letters from the Hamilton County Highway Department regarding access
to Rohrer Road, and
(iii) a revised site plan.
1. Access directly south to Rohrer Road. In deference to the concerns of the neighbors as
well as the interests of fairness and balance, we vigorously explored the possibility of
obtaining access directly south to Rohrer Road. Unfortunately, for the reasons which follow,
we have ascertained that pursuing this option is not feasible or practical:
(a) The real estate across which the access would be constructed is not owned by the
Church;
CD
u
Linda A. Flanders
December 28, 2001
Page 2
(b)
(c)
(d)
(e)
(t)
(g)
There is a recessed storm water retention area just south of the Church's 5 acres. The
access would encroach upon and require a reduction and significant restructuring of
this retention area;
Steep elevation differences exist. Just north ofthe fence and retaining wall, existing
along the northwest side of Meridian Village Plaza, is an immediate IS' vertical drop.
One standing at this fence, for instance, is eye-level with the Church's steeple;
This vertical drop would necessitate the construction of a conspicuously aesthetically
unappealing ramp, and would cause a rather rapid descent and ascent for drivers and.
pedestrians;
The required ramp and attendant elevation differences would result in a conflict with
I
traffic merging into the common exit from Meridian Village Plaza;
A shared entrance thru the much larger shopping center, together with the steep down
hill approach to the office park, would confuse and obscure the identity ofthe office
park; and
The intervention of the access, together with the attendant construction and
restructuring, would devalue some of the leases in the shopping center, causing the
owner to require, as part of the cost of land acquisition, recompense for tenants.
While anyone of these considerations may be overcome, it is our belief that the sum cannot:
2. Access directly east onto Rohrer Road. As part of our due diligence, we also explored the
possibility of accessing directly east onto Rohrer Road. As indicated in the letter from the
Hamilton County Highway Department, however, another cut onto Rohrer Road would not
be recommended for the following reasons:
(a) There is limited sight distance to the south would result in traffic hazzards;
(b) It is the Highway Department's preference to have vehicles first move into a local or
feeder street before moving into an arterial; and
(c) The proposed office park and road improvements are sufficient to accommodate the
increase in traffic.
The existing entrance onto Marana is ample; in other words, what exists should be used
where, as here, it is superior to alternatives which, for stated reasons, are not feasible.
Q)
u
Linda A. Flanders
December 28, 200 I
Page 3
3. IntensitylDensity. In office use, the number of buildings is not an indicator of density,
intensity, or level of activity; instead, the most accurate measure of intensity is the size of
the rentable area. We believe that this is why, for instance, zoning ordinances typically
regulate commercial intensity by limiting the maximum parcel coverage, or the maximum
floor area ratios. In this regard, the U.S. 31 Overlay Zone permits (i) maximum parcel
coverage of 65%, and (ii) maximum floor area ratios of 70%. The office park, as originally
proposed, is 46,000 square feet of single story residential style buildings located on 5 acres.
This configuration results in parcel coverage or a floor area ratio of 21 %, each of which is
substantially below what is permitted in the U.S. 31 Overlay Zone. Stated differently, the
intensity of the proposed office use is less than one-third of that permitted by the
U.S. 31 Overlay Zone. In this regard, when compared to what is permitted under the
U.S. 31 Overlay Zone, the office park imposes more restrictions on the developer and
provides greater protection for the residential neighbors. As such, we believe this
proposal is neither dense nor intense.
4. Revised Proposal. Nevertheless, in an effort to address comments made during the public
hearings, Hunters Creek Office Park has revised its proposal to reduce the number of
buildings from eight to seven, resulting in a reduction from 46,000 square feet of single
story office buildings to 42,000 square feet of office buildings. This reduction, as illustrated
on the revised site plan, further reduces to 19.50/0 the already low intensity of this
understated office community. . This, in turn, will further reduce the nominal amount of
traffic generated by the office park.
5. Benefits of the proposal. Considering the following, the proposed office park delivers
practical and optimal solutions to the problems presented by this challenged 5 acre site:
(a) This site is in the unfortunate quandry of being zoned for uses which are largely
prohibited;
(b) The office park is a low intensity, understated office use comprising single story,
residential appearing office buildings. Approximately 29% of the site is dedicated
green belt, and over 50% of the site is landscaped areas, unoccupied by buildings or
parking lots;
(c) The office park generates only nominal traffic: (i) during both the A.M. and P.M.
peak hours, all approaches at the intersection of Marana Drive and Rohrer Road
operate at a level of service A, (ii) during the A.M. peak hour, all approaches to the
intersection of Marana Drive and Offutt Drive operate at a level of service A, and
(iii) during the P.M. peak hour, all approaches to the intersection of Marana Drive
and Offutt Drive operate at a level of service A, with the exception of only 1 of 4
approaches, which operates at a level of service B.
, .
Q)
u
Linda A. Flanders
December 28, 2001
Page 4
(d) The proposed office park follows with the Comprehensive Plan and the U.S. 31
Overlay Zone, the objective of which is to bring office use to this area;
(e) By permitting substantially less intensity than permitted by the U.S. 31 Overlay
Zone, the office park provides real and meaningful transition and step down, both of
which are cornerstones of fundamental urban land use planning;
(f) The 5 acre site will be heavily and attractively landscaped. The landscaping exceeds
the already high standards of the U.S. 31 Overlay Zone;
(g) As substantiated by the two previously submitted opinions of certified residential
appraisers, the office park will not cause devaluation. Uncertainty amplifies
devaluation. While enduring uncertainty Will fuel devaluation, the proposed office
park will positively resolve uncertainty and stabilize prices; and
(h) For the foregoing reasons, the proposal is recommended by the Department of
Community Services.
We look forward to discussing this request with you on January 8, 2002.
Respectfully submitted;
NELSON & FRANKENBERGER
c~ /,~
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: David A. Cremeans
Leo Dierckman
Nick Kestner
Pat Rice
Paul Spranger
Wayne Wilson
H:\JanetIHiII. BradlFlanders Itr 122801.wpd
\' ~/\ :-J
'-
CD
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT-LAW
u
JAMES J. NELSON
CHARLES n FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
'.,,'
.A 3021 EAST 98th siuET
~ SUITE 220
~ft,,~~ INDIANAPOLIS, INDIANA 46280
br \!;>J~7[If,0;>gJ17-844-0106
'CC 31 'S'~: 317-846-8781
DOCS JODI
December 28,2001
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E. Nicholas Kestner III
2123 West 106th Street
Carmel, IN 46032
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - January 8, 2002
Dear Nick:
In advance of the Special Studies Committee meeting scheduled to occur on January 8, 2002,
we thought it would be helpful to provide a summary of the points we will address. To this end, we
offer the discussion which follows, and enclose:
(i) a perimeter survey from Weihe Engineering confirming that the real estate, in fact,
is 5 acres;
(ii) response letters from the Hamilton County Highway Department regarding access
to Rohrer Road, and
(Hi) a revised site plan.
1. Access directly south to Rohrer Road. In deference to the concerns of the neighbors as
well as the interests of fairness and balance, we vigorously explored the possibility of
obtaining access directly south to Rohrer Road. Unfortunately, for the reasons which follow,
we have ascertained that pursuing this option is not feasible or practical:
(a) The real estate across which the access would be constructed is not owned-by the
Church;
." ~
~
u
E. Nicholas Kestner III
December 28, 2001
Page 2
(b) There is a recessed storm water retention area just south of the Church's 5 acres. The
access would encroach upon and require a reduction and significant restructuring of
this retention area;
(c) Steep elevation differences exist. Just north of the fence and retaining wall, existing
along the northwest side of Meridian Village Plaza, is an immediate IS' vertical drop.
One standing at this fence, for instance, is eye-level with the Church's steeple;
(d) This vertical drop would necessitate the construction of a conspicuously aesthetically
unappealing ramp, and would cause a rather rapid descent and ascent for drivers and
pedestrians;
(e) The required ramp and attendant elevation differences would result in a conflict with
traffic merging into the common exit from Meridian Village Plaza;
(f) A shared entrance thru the much larger shopping center, tQgether with the steep down
hill approach to the office park, would confuse and obscure the identity of the office
park; and
(g) The intervention of the access, together with the attendant construction and
restructuring, would devalue some of the leases in the shopping center, causing the
owner to require, as part of the cost of land acquisition, recompense for tenants.
While anyone of these considerations may be overcome, it is our belief that the sum cannot:
2. Access directly east onto Rohrer Road. As part of our due diligence, we also explored the
possibility of accessing directly east onto Rohrer Road. As indicated in the letter from the
Hamilton County Highway Department, however, another cut onto Rohrer Road would not
be recommended for the following reasons:
(a) There is limited sight distance to the south would result in traffic hazzards;
(b) It is the Highway Department's preference to have vehicles first move into a local or
feeder street before moving into an arterial; and
(c) The proposed office park and road improvements are sufficient to accommodate the
increase in traffic.
The existing entrance onto Marana is ample; in other words, what exists should be used
where, as here, it is superior to alternatives which, for stated reasons, are not feasible.
'" -
CD
u
E. Nicholas Kestner III
December 28, 2001
Page 3
3. IntensitylDensity. In office use, the number of buildings is not an indicator of density,
intensity, or level of activity; instead, the most accurate measure of intensity is the size of
the rentable area. We believe that this is why, for instance, zoning ordinances typically
regulate commercial intensity by limiting the maximum parcel coverage, or the maximum
floor area ratios. In this regard, the U.S. 31 Overlay Zone permits (i) maximum parcel
coverage of 65%, and (ii) maximum floor area ratios of 70%. The office park, as originally
proposed, is 46,000 square feet of single story residential style buildings located on 5 acres.
This configuration results in parcel coverage or a floor area ratio of 21 %, each of which is _
substantially below what is permitted in the U.S. 31. Overlay Zone. Stated differently, the
intensity of the proposed office use is less than one-third of that permitted by the
U.S. 31 Overlay Zone. In this regard, when compared to what is permitted under the
U.S. 31 Overlay Zone, the office park imposes more restrictions on the developer and
provides greater protection for the residential neighbors. As such, we believe this
proposal is neither dense nor intense.
4. Revised Proposal. Nevertheless, in an effort to address comments made during the public
hearings, Hunters Creek Office Park has revised its proposal to reduce the number of 0
buildings from eight to seven, resulting in a reduction from 46,000 square feet of single
story office buildings to 42,000 square feet of office buildings. This reduction, as illustrated
on the revised site plan, further reduces to 19.50.10 the already low intensity of this
understated office community. This, in turn, will further reduce the nominal amount of
traffic generated by the office park.
5. Benefits of the proposal. Considering the following, the proposed office park delivers
practical and optimal solutions to the problems presented by this challenged 5 acre site:
(a) This site is in the unfortunate quandry of being zoned for uses which are largely
prohibited;
(b) The office park is a low intensity, understated office use comprising single story,
residential appearing office buildings. Approximately 29% of the site is dedicated
green belt, and over 50% of the site is landscaped areas, unoccupied by buildings or
parking lots;
(c) The office park generates only nominal traffic: (i) during both the A.M. and P.M.
peak hours, all approaches at the intersection of Marana Drive and Rohrer Road
operate at a level of service A, (ii) during the A.M. peak hour, all approaches to the
intersection of Marana Drive and Offutt Drive operate at a level of service A, and
(Hi) during the P.M. peak hour, all approaches to the intersection of Marana Drive
and Offutt Drive operate at a level of service A, with the exception of only 1 of 4
approaches, which operates at a level of service B.
CD
u
E. Nicholas Kestner III
December 28, 200 I
Page 4
(d) The proposed office park follows with the Comprehensive Plan and the U.S. 31
Overlay Zone, the objective of which is to bring office use to this area;
(e) By permitting substantially less intensity than permitted by the U.S. 31 Overlay
Zone, the office park provides real and meaningful transition and step down, both of
which are cornerstones of fundamental urban land use planning;
(t) The 5 acre site will be heavily and attractively landscaped. The landscaping exceeds _
the already high standards of the U.S. 31 Overlay Zone;
(g) As substantiated by the two previously submitted opinions of certified residential
appraisers, the office park will not cause devaluation. Uncertainty amplifies
devaluation. While enduring uncertainty will fuel devaluation, the proposed office
park will positively resolve uncertainty and stabilize prices; and
(h) For the foregoing reasons, the proposal is recommended by the Department of
Community Services.
We look forward to discussing this request with you on January 8, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
Cc..~
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: David A. Cremeans
Leo Dierckman
Linda Flanders
Pat Rice
Paul Spranger
Wayne Wilson
H:\Janel\HiII, Brad\Kestner Itr 12280l.wpd
./
...
w
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT-LAW
o
~ ':- /'
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
LAWRENCE J. KEMPER
of coUDSel
JANE B. MERRILL
i I
\-:-:'
\, \
" \
\'
1ffJ~~t 3021 ~ 98th STREET
OEe !)1 /!f~IANAPO~ INDIANA 46280
t1..r. 2~06'
DocS 'tINx: 317-846-8782
December 28, 2001
Pat Rice
9659 Wild Cherry Lane
Indianapolis, IN 46280
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - January 8, 2002
Dear Pat:
In advance of the Special Studies Committee meeting scheduled to occur on January 8, 2002,
we thought it would be helpful to provide a summary of the points we will address. To this end, we
offer the discussion which follows, and enclose:
(i) a perimeter survey from Weihe Engineering confirming that the real estate, in fact,
is 5 acres;
(ii) response letters from the Hamilton County Highway Department regarding access
to Rohrer Road, and
(iii) a revised site plan.
1. Access directly south to Rohrer Road. In deference to the concerns of the neighbors as
well as the interests of fairness and balance, we vigorously explored the possibility of
obtaining access directly south to Rohrer Road. Unfortunately, for the reasons which follow,
we have ascertained that pursuing this option is not feasible or practical:
(a) The real estate across which the access would be constructed is not owned by the
Church;
CD
Q
Pat Rice
December 28, 200 I
Page 2
(b) There is a recessed storm water retention area just south of the Church's 5 acres. The
access would encroach upon and require a reduction and significant restructuring of
this retention area;
(c) Steep elevation differences exist. Just north of the fence and retaining wall, existing
along the northwest side of Meridian Village Plaza, is an immediate 15' vertical drop.
One standing at this fence, for instance, is eye-level with the Church's steeple;
(d) This vertical drop would necessitate the construction of a conspicuously aesthetically
unappealing ramp, and would cause a rather rapid descent and ascent for drivers and
pedestrians;
(e) The required ramp and attendant elevation differences would result in a conflict with
traffic merging into the common exit from Meridian Village Plaza;
(f) A shared entrance thru the much larger shopping center, together with the steep down
hill approach to the office park, would confuse and obscure the identity of the office
park; and
(g) The intervention of the access, together with the attendant construction and
restructuring, would devalue some of the leases in the shopping center, causing " the
owner to require, as part of the cost of land acquisition, recompense for tenants.
While anyone of these considerations may be overcome, it is our belief that the sum cannot:
2. Access directly east onto Rohrer Road. As part of our due diligence, we also explored the
possibility of accessing directly east onto Rohrer Road. As indicated in the letter from the
Hamilton County Highway Department, however, another cut onto Rohrer Road would not
be recommended for the following reasons:
(a) There is limited sight distance to the south would result in traffic hazzards;
(b) It is the Highway Depaitment's preference to have vehicles first move into a local or
feeder street before moving into an arterial; and
(c) The proposed office park and road improvements are sufficient to accommodate the
increase in traffic.
The existing entrance onto Marana is ample; in other words, what exists should be used
where, as here, it is superior to alternatives which, for stated reasons, are not feasible.
:t
(J)
o
Pat Rice
December 28, 2001
Page 3
3. IntensitylDensity. In office use, the number of buildings is not an indicator of density,
intensity, or level of activity; instead, the most accurate measure of intensity is the size of
the rentable area. We believe that this is why, for instance, zoning ordinances typically
regulate commercial intensity by limiting the maximum parcel coverage, or the maximum
floor area ratios. In this regard, the U.S. 31 Overlay Zone permits (i) maximum parcel
coverage of 65%, and (ii) maximum floor area ratios of 70%. The office park, as originally
proposed, is 46,000 square feet of single story residential style buildings located on 5 acres.
This configuration results in parcel coverage or a floor area ratio of 21 %, each of which. is
substantially below what is permitted in the U.S. 31 Overlay Zone. Stated differently, the
intensity of the proposed office use is less than one-third of that permitted by the
U.S. 31 Overlay Zone. In this regard, when compared to what is permitted under the
U.S. 31 Overlay Zone, the office park imposes more restrictions on the developer and
provides greater protection for the residential neighbors. As such, we believe this
proposal is neither dense nor intense.
4. Revised Proposal. Nevertheless, in an effort to address comments made during the public
hearings, Hunters Creek Office Park has revised its proposal to reduce the number of
buildings from eight to seven, resulting in a reduction from 46,000 square feet of single
story office buildings to 42,000 square feet of office buildings. This reduction, as illustrated
on the revised site plan, further reduces to 19.5% the already low intensity of this
understated office community. This, in turn, will further reduce the nominal amount of
. traffic generated by the office park.
5. Benefits of the proposal. Considering the following, the proposed office park delivers
practical and optimal solutions to the problems presented by this challenged 5 acre site:
(a) This site is in the unfortunate quandry of being zoned for uses which are largely
prohibited;
(b) The office park is a low intensity, understated office use comprising single story,
residential appearing office buildings. Approximately 29% of the site is dedicated
green belt, and over 50% of the site is landscaped areas, unoccupied by buildings or
parking lots;
(c) The office park generates only nominal traffic: (i) during both the A.M. and P.M.
peak hours, all approaches at the intersection of Marana Drive and Rohrer Road
operate at a level of service A, (ii) during the A.M. peak hour, all approaches to the
intersection of Marana Drive and Offutt Drive operate at a level of service A, and
(iii) during the P.M. peak hour, all approaches to the intersection of Marana Drive
and Offutt Drive operate at a level of service A, with the exception of only 1 of 4
approaches, which operates at a level of service B.
~~.- it..
-(J)
o
PatRice
December 28, 2001
Page 4
(d) The proposed office park follows with the Comprehensive Plan and the U.S. 31
OverIay Zone, the objective of which is to bring office use to this area;
(e) By permitting substantially less intensity than permitted by the U.S. 31 Overlay
Zone, the office park provides real and meaningful transition and step down, both of
which are cornerstones of fundamental urban land use planning;
(f) The 5 acre site will be heavily and attractively landscaped. The landscaping exceeds
the already high standards of the U.S. 31 Overlay Zone;
(g) As substantiated by the two previously submitted opinions of certified residential
appraisers, the office park will not cause devaluation. Uncertainty amplifies
devaluation. While enduring uncertainty will fuel devaluation, the proposed office
park will positively resolve uncertainty and stabilize prices; and
(h) For the foregoing reasons, the proposal is recommended by the Department of
Community Services.
We look forward to discussing this request with you on January 8, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
c~/,-
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: David A. Cremeans
Leo Dierckman
Linda Flanders
Nick Kestner
Paul Spranger
Wayne Wilson
H:\Janet\HiII, Brad\Rice Itr 12280l.wpd
r
CD
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATlORNEYS-AT-LAW
u
JAMES J. NElSON
CHARLF.S D. FRANKENBERGER
JAMES E. SHlNAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
December 28, 2001
3021 EAsr 98th S'i'REE1
~ SUrrE220
h~ ~ INDIANAPoLIS, INDIANA 46280
-/ DEe ~~Jgf~@:rx~.fJ46.8782
., 'J2DD/ ,I
\ ;\, Docs: /
\/).. /" I
'\:.~ -<,,/
'<l2,/ r-?>~ _.,--'-('\.-/
f I ,T , ,( '",
~_.!._J__l.~~_..'/
Paul L. Spranger
Six Shady Lane
Carmel, IN 46032
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee.. January 8, 2002
Dear Paul:
In advance of the Special Studies Committee meeting scheduled to occur on January 8, 2002,
we thought it would be helpful to provide a summary of the points we will address. To this end, we
offer the discussion which follows, and enclose:
(i) a perimeter survey from Weihe Engineering confirming that the real estate, in fact,
is 5 acres;
(ii) response letters from the Hamilton CoUnty Highway Department regarding access
to Rohrer Road, and
(Hi) a revised site plan.
1. Access directly south to Rohrer Road. In deference to the concerns of the neighbors as
well as the interests of fairness and balance, we vigorously explored the possibility of
obtaining access directly south to Rohrer Road. Unfortunately, for the reasons which follow,
we have ascertained that pursuing this option is not feasible or practical:
(a) The real estate across which the access would be constructed is not owned by the
Church;
,-
CD
u
Paul 1. Spranger
December 28,2001
Page 2
(b) There is a recessed storm water retention area just south of the Church's 5 acres. The
access would encroach upon and require a reduction and significant restructuring of
this retention area;
(c) Steep elevation differences exist. Just north of the fence and retaining wall, existing
along the northwest side of Meridian Village Plaza, is an immediate 15' vertical drop.
One standing at this fence, for instance, is eye-level with the Church's steeple;
(d) This vertical drop would necessitate the construction of a conspicuously aesthetically
unappealing ramp, and would cause a rather rapid descent and ascent for drivers and
pedestrians;
(e) The required ramp and attendant elevation differences would result in a conflict with
traffic merging into the common exit from Meridian Village Plaza;
(t) A shared entrance thru the much larger shopping center, together with the steep down
hill approach to the office park, would confuse and obscure the identity of the office
park; and
(g) The intervention of the access, together with the attendant construction and
restructuring, would devalue some ofthe leases in the shopping center, causing the
owner to require, as part of the cost of land acquisition, recompense for tenants.
While anyone ofthese considerations may be overcome, it is our belief that the sum cannot..
2. Access directly east onto Rohrer Road. As part of our due diligence, we also explored the
possibility of accessing directly east onto Rohrer Road. As indicated in the letter from the
Hamilton County Highway Department, however, another cut onto Rohrer Road would not
be recommended for the following reasons:
(a) There is limited sight distance to the south would result in traffic hazzards;
(b) It is the Highway Department's preference to have vehicles first move into a local or
feeder street before moving into an arterial; and
(c) the proposed office park and road improvements are sufficient to accommodate the
increase in traffic.
The existing entrance onto Marana is ample; in other words, what exists should be used
where, as here, it is superior to alternatives which, for stated reasons, are not feasible.
l'
(l)
o
Paul L. Spranger
December 28, 2001
Page 3
3. IntensitylDensity. In .office use, the number .of buildings is n.ot an indicat.or .of density,
intensity, or level .of activity; instead, the m.ost accurate measure of intensity is the size.of
the rentable area. We believe that this is why, f.or instance, zoning ordinances typically
regulate c.ommercial intensity by limiting the maximum parcel c.overage, .or the maximum
fl.oor area ratios. In this regard, the U.S. 31 Overlay Z.one permits (i) maximum parcel
c.overage .of 65%, and (ii) maximum fl.o.or area rati.os .of 70%. The office park, as .originally
pr.op.osed, is 46,000 square feet .of single st.ory residential style buildings l.ocated on 5 acres.
This c.onfigurati.on results in parcel c.overage .or a fl.o.or area rati.o .of 21 %, each .of which is
substantially bel.ow what is permitted in the U.S. 31 Overlay Z.one. Stated differently, the
intensity of the proposed office use is less than one-third of that permitted by the
U.S. 31 Overlay Zone. In this regard, when compared to what is permitted under the
U.S. 31 Overlay Zone, the office park imposes more restrictions on the developer and
provides greater protection for the residential neighbors. As such, we believe this
pr.op.osal is neither dense n.or intense.
4. Revised Proposal. Nevertheless, in an eff.ort t.o address c.omments made during the public
hearings, Hunters Creek Office Park has revised its pr.op.osal t.o reduce the number of
buildings from eight to seven, resulting in a reducti.on fr.om 46,000 square feet .of single
st.ory .office buildings t.o 42,000 square feet.of .office buildings. This reducti.on, as illustrated
.on the revised site plan, further reduces to 19.5% the already l.ow intensity .of this
understated .office c.ommunity. This, in turn, will further reduce the n.ominal am.ount .of
traffic generated by the .office park.
5. Benefits of the proposal. C.onsidering the f.oll.owing, the pr.op.osed .office park delivers'
practical and .optimal s.oluti.ons t.o the pr.oblems presented by this challenged 5 acre site:
(a) This site is in the unf.ortunate quandry .of being z.oned f.or uses which are largely
pr.ohibited;
(b) The .office park is a l.ow intensity, understated .office use c.omprising single st.ory,
residential appearing .office buildings. Approximately 29% .of the site is dedicated
green belt, and .over 50% .of the site is landscaped areas, un.occupied by buildings.or
parking l.ots;
(c) The .office park generates .only n.ominal traffic: (i) during b.oth the A.M. and P.M.
peak h.ours, all appr.oaches at the intersecti.on .of Marana Drive and R.ohrer R.oad
.operate at a level .of service A, (ii) during the A.M. peak h.our, all approaches t.o the
intersecti.on .of Marana Drive and Offutt Drive .operate at a level .of service A, and
(iii) during the P.M. peak h.our, all appr.oaches t.o the intersecti.on .of Marana Drive
and Offutt Drive .operate at a level .of service A, with the excepti.on .of .only 1 .of 4
appr.oaches, which .operates at a level .of service B.
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Paul L. Spranger
December 28, 2001
Page 4
(d) The proposed office park follows with the Comprehensive Plan and the U.S. 31
Overlay Zone, the objective of which is to bring office use to this area;
(e) By permitting substantially less intensity than permitted by the U.S. 31 Overlay
Zone, the office park provides real and meaningful transition and step down, both of
which are cornerstones of fundamental urban land use planning;
(f) The 5 acre site will be heavily and attractively landscaped. The landscaping exceeds
the already high standards of the U.S. Jl Overlay Zone;
(g) As substantiated by the two previously submitted opinions of certified residential
appraisers, the office park will not cause devaluation. Uncertainty amplifies
devaluation. While enduring uncertainty will fuel devaluation, the proposed office
park will positively resolve uncertainty and stabilize prices; and
(h) For the foregoing reasons, the proposal is recommended by the Department of
Community Services.
We look forward to discussing this request with you on January 8, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
CDF/jlw
Enclosures
cc: David A. Cremeans
Leo Dierckman
Linda Flanders
Nick Kestner
Pat Rice
Wayne Wilson
H:\JanetIHill. BradlSpranger Itr 12280l.wpd
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATI'ORNEYS-AT-LAW
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JAMES J. muON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
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December 28, 2001
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Wayne A. Wilson
24 Wilson Drive
Carmel, IN 46032
Re: Hunters Creek Office Park - 5 Acres at Rohrer and Marana
-.-,
The Carmel Bretheren Church (the "Church")
Docket No. 125-01-Z
Special Studies Committee - January 8, 2002
Dear Wayne:
In advance of the Special Studies Committee meeting scheduled to occur on January 8, 2002,
we thought it would be helpful to provide a summary of the points we will address. To this end, we
offer the discussion which follows, and enclose:
(i) a perimeter survey from Weihe Engineering confirming that the real estate, in fact,
is 5 acres;
(ii) response letters from the Hamilton County Highway Department regarding access
to Rohrer Road, and
(iii) a revised site plan.
1. Access directly south to Itohrer Road. In deference to the concerns of the neighbors as
well as the interests of fairness and balance, we vigorously explored the possibility of
obtaining access directly south to Rohrer Road. Unfortunately, for the reasons which follow,
we have ascertained that pursuing this option is not feasible or practical:
(a) The real estate across which the access would be constructed is not owned by the
Church;
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Wayne A. Wilson
December 28, 2001
Page 2
(b) There is a recessed storm water retention area just south of the Church's 5 acres. The
access would encroach upon and require a reduction and significant restructuring of
this retention area;
(c) Steep elevation differences exist. Just north of the fence and retaining wall, existing
along the northwest side of Meridian Village Plaza, is an immediate 15' vertical drop.
One standing at this fence, for instance, is eye-level with the Church's steeple;
(d) This vertical drop would necessitate the construction of a conspicuously aesthetically
unappealing ramp, and would cause a rather rapid descent and ascent for drivers and
pedestrians;
(e) The required ramp and attendant elevation differences would result in a conflict with
traffic merging into the common exit from Meridian Village Plaza;
(f) A shared entrance thru the much larger shopping center, together with the steep down
hill approach to the office park, would confuse and obscure the identity ofthe office
park; and
(g) The intervention of the access, together with the attendant construction and
restructuring, would devalue some of the leases in the shopping center, causing the
owner to require, as part of the cost of land acquisition, recompense for tenants.
While anyone of these considerations may be overcome, it is our belief that the sum cannot:
2. Access directly east onto Rohrer Road. As part of our due diligence, we also explored the
possibility of accessing directly east onto Rohrer Road. As indicated in the letter from the
Hamilton County Highway Department, however, another cut onto Rohrer Road would not
be recommended for the following reasons:
(a) There is limited sight distance to the south would result in traffic hazzards;
(b) It is the Highway Department's preference to have vehicles first move into a local or
feeder street before moving into an arterial; and
(c) The proposed office park and road improvements are sufficient to accommodate the
increase in traffic.
The existing entrance onto Marana is ample; in other words, what exists should be used
where, as here, it is superior to alternatives which, for stated reasons, are not feasible.
-..~~
CD
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Wayne A. Wilson
December 28,2001
Page 3
3. Intensity/Density. In office use, the number of buildings is not an indicator of density,
intensity, or level of activity; instead, the most accurate measure of intensity is the size of
the rentable area. We believe that this is why, for instance, zoning ordinances typically
regulate commercial intensity by limiting the maximum parcel coverage, or the maximum
floor area ratios. In this regard, the V.S. 31 Overlay Zone permits (i) maximum parcel
coverage of65%, and (ii) maximum floor area ratios of 70%. The office park, as originally
proposed, is 46,000 square feet of single story residential style buildings located on 5 acres.
This configuration results in parcel coverage or a floor area ratio of 21 %, each of which is
substantially below what is permitted in the V.S. 31 Overlay Zone. Stated differently, the
intensity of the proposed office use is less than one-third of that permitted by the
U.S. 31 Overlay Zone. In this regard, when compared to what is permitted under the
U.S. 31 Overlay Zone, the office park imposes more restrictions on the developer and
provides greater protection for the residential neighbors. As such, we believe this
proposal is neither dense nor intense.
4. Revised Proposal. Nevertheless, in an effort to address comments made during the public
hearings, Hunters Creek Office Park has revised its proposal to reduce the number of
buildings from eight to seven, resulting in a reduction from 46,000 square feet of single
story office buildings to 42,000 square feet of office buildings. This reduction, as illustrated
on the revised site plan, further reduces to 19.5% the already low intensity of this
understated office community. This, in turn, will further reduce the nominal amount of
traffic generated by the office park.
5. Benefits of the proposal. Considering the following, the proposed office park delivers' I
practical and optimal solutions to the problems presented by this challenged 5 acre site:
(a) This site is in the unfortunate quandry of being zoned for uses which are largely
prohibited;
(b) The office park is a low intensity, understated office use comprising single story,
residential appearing office buildings. Approximately 29% of the site is dedicated
green belt, and over 50% of the site is landscaped areas, unoccupied by buildings or
parking lots;
(c) The office park generates only nominal traffic: (i) during both the A.M. and P.M.
peak hours, all approaches at the intersection of MaranaDrive and Rohrer Road
operate at a level of service A, (ii) during the A.M. peak hour, all approaches to the
intersection of Marana Drive and Offutt Drive operate at a level of service A, and
(Hi) during the P.M. peak hour, all approaches to the intersection of Marana Drive
and Offutt Drive operate at a level of service A, with the exception of only 1 of 4
approaches, which operates at a level of service B.
i~/"" ....
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Wayne A. Wilson
December 28, 2001
Page 4
(d) The proposed office park follows with the Comprehensive Plan and the U.S. 31
Overlay Zone, the objective of which is to bring office use to this area;
(e) By permitting substantially less intensity than permitted by the U.S. 31 Overlay
Zone, the office park provides real and meaningful transition and step down, both of
which are cornerstones of fundamental urban land use planning;
(f) The 5 acre site will be heavily and attractively landscaped. The landscaping exceeds _
the already high standards of the U.S. 31 Overlay Zone;
(g) As substantiated by the two previously submitted opinions of certified residential
appraisers, the office park will not cause devaluation~ Uncertainty amplifies
devaluation. While enduring uncertainty will fuel devaluation, the proposed office
park will positively Jesolve uncertainty and stabilize prices; and
(h) For the foregoing reasons, the proposal is recommended by the Department of
Community Services.
We look forward to discussing this request with you on January 8, 2002.
Respectfully submitted,
NELSON & FRANKENBERGER
c ~ /--
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: David A. Cremeans
Leo Dierckman
Linda Flanders
Nick Kestner
PatRice
Paul Spranger
H:\JaneIIHiII, BradlWilson Itr 12280l.wpd
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IaJ 0011001
12/27/01 16:14 FAX
HAMILTON CO HWY. ~~~ Carmel DOCD
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HAMILTON COUNTY
HIGHWAY DEPARTMENT
Mr. Charles D. Frankenberger
Nelson & Frankenberger
3021 East 98th Street, Suite 220
Indianapolis, Indiana 46280
RE: Hunters Creek
S of Marana Drive I W of Rohrer Road
Clay Township
Dear Charlie:
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Thank you for submitting the requested Traffic Operations Analysis for the above-mentioned
project. After reviewing the Analysis, the Highway Department has the following comments:
1. The Analysis shows the entrance onto Marana Drive. According to the Analysis, all
Intersections which were studied will continue to function at acceptable levels of Service
when the project has been completed.
2. Your suggestion of a right in/right out on Rohrer Road will not be permitted. The entrance is
not needed and the existing geometric conditions of the area do not make the entrance onto
Rohrer Road an acceptable option. The right in/right out antrance does not provide a large
enough deterrent to motorists that wish to make left turns out of or Into the entrance/exit,
therefore creating a greater hazard to motorists traveling through the area.
3. The entrance onto Rohrer Road does not follow the typical traffic flow patterns that the
Highway Department strives to achieve. The typical pattern Is for the traffic to flow from the
local streets, to the collector roads to the arterials. Marana DrIve Is a local street and Rohrer
Road Is a collector road.
4. The Highway Department will expect improvements to be made to the Intersection of Rohrer
Road and Marana Drive as listed in the Analysis.
If you have any questions or comments concerning this letter, please feel free to contact me at
anytime.
Sincerely,
/-t- (3----.-
Steven J. Broermann
Staff Engineer
cc: Jon Dobosiewicz
G:\USERS\SB\2001Tac\12-27-o1 hunterscreek.doc
1700 South 10" Street
Noblesville, In. 46060
www.co.hamllton.in.us
Of'fke (317) 773-7770
Fax (317) 776-9814
12/20/01 08:52 FAX
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HAMILTON CO HWY. ~-~ Carmel DOCD
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~ 001/001
HAMILTON COUNTY
HIGHWAY DEPARTMENT
Mr. Fred Parker
Weihe Engineers Inc.
10505 North College Avenue
Indianapolis, Indiana 46280
RE: Hunters Creek
S of Marana Drive I W of Rohrer Road
Clay Township
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December 20. 2001
Dear Mr. Parker:
This letter serves to follow up comments made during our phone conversation of December 19,
2001, conceming the Hunters Creek project.
1, The Highway Department would not penoit the entrance for this project to be placed on
Rohrer Road. The limited sight distance to the south, and the traffic hazards that would be
created by left tums Into this development do not make an entrance onto Rohrer Road a
viable option.
2. The Highway Department will expect improvements to be made to the intersection of Rohrer
Road and Marana DriVe.
If you have any questions or comments concerning this letter, please feel free to contact me at
anytime.
Sincerely,
ef7:::-
Staff Engineer
cc: Jon Doboslewicz
G:\USERS\SB\2001Tac\12-2().()1 hunterscreek.doc
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1700 South 10'" Street
NobJesvilte, In. 46060
www.co.hamilton.in.u5
Office (317) 773-7770
Fu (3]7) 776-9814
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT-LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMF.S E. SBINAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
December ] 0, 200]
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: Hunters Creek - Docket No. ] 25-IZ.O]
Dear Jon:
I
I
3021 EAsT 98th STREET
SUITE 220
INDIANAPOUS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
Enclosed for your files is another copy of the Church' s Consent. Should you have any
questions or comments, please donat hesitate to call me. Thanks.
Very truly yours,
NELSON & FRANKENBERGER
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Enclosure
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Hunter's Creek South Homeowners Association
Carmel, IN 40032
December 12, 2001
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I'm writing with regards to a zoning request for a p'arcel ofland located at the com~'<{ii~~:~:/'
Dr. and Rohrer Rd. in Clay Township. The request is seeking commission approval to erect eight
(8) office buildings with a total of48,000sfin a residential neighborhood.
Ms. Ramona Hancock
Carmel/Clay Planning Commission
Dear Ms.Hancock,
As vice-president of the Hunter's Creek South Homeowners Association, I represent them as
wen as the Hunter's Knoll neighborhoods. The associations are very concerned how the
proposed development will affect our economic as well as social viability.
If you weren't aware, at both the Planning Commission in November as well as the Special
Studies Committee meeting, we had close to 200 homeowners present. Also, we have close to
the same amount on a petition in opposition to the project. These signatures were provided to
members of the Special Studies Committee and were included in a binder that succinctly outlined
our reasons for the opposition. Copies can be made available to both you and the entire Planning
Commission if so requested.
I also want to express my concern regarding the remonstrators lack of time in giving a
presentation at the Special Studies Committee meeting. The developers attorney was allowed
roughly thirty (30) minutes and we were given roughly five (5) minutes. I realize public input is
rarely allowed at this meeting. However, given the large numbers of remonstrators present and
the sincere interest for our homes, we fek out of courtesy, we should have been given more time.
One of the things we were hoping for is the opportunity to make our presentation to either the
Special Studies Committee of the full Planning Commission. We feel we have alot more at stake
than the developers. They stand to make money while the surrounding property owners stand to
lose an estimated $4,000,000. I would appreciate a call letting me know what our chances are for
making a presentation.
o 0
On a positive note, I want to thank everyone for the opportunity to present the facts regarding the
proposed Hunter's Creek Office Park. It is our sincere goal to work with the commission as well
as the property owners to put together project we all can live with.
Also, could you please send copies of this letter to all the members of the Planning Commi~sion as
well as the Special Studies Committee as quickly as pOSSlDle? I'm sure you'll agree, time is of the
essence.
Thank you again for your time. I can be reached at my office at 844-3008 or paged at 382-8681
if you have any fUrther questions.
Sincerely,
~T~
Brian T. Shera- Vice-President
Hunter's Creek South Homeowners Association
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REMONSTRANCE AND OBJECTION TO
REZONE APPLICATION OF HUNTERS CREEK OFFICE PARK. LLC BY
HUNTERS CREEK SOUTH HOMEOWNERS ASSOCIATION
\......
Overview. The subject property, commonly referred to as 930 Rohrer Road,
consists of less than four acres bounded by O'Malia's shopping center to the South,
Rohrer Road to the East, and residences of Hunters Creek South subdivision to the West
and North. (See Map, Exhibit "A").
Prior to the application for rezone, the property had been used as a church, and is
owned by The Bretheren Conference of Indiana, Inc. The improvements on the property
. consist of a. single church building and parking lot, which empties onto Marana Drive.
The remainder of the property is green space.
The property is presently zoned B-3 and R-1 and falls within the US 31 corridor.
Th.e 'pI:Op~'s.~se_~a,. 94u.r_c:Q. ,z:epr_es.~t~4 ~J~&l!t, ~uffering use between the O'Malia's
. .... .. ..- - .. ..- -. - -.- -.. -
shopping center and the residential subdivision.
Application for Rezone. Applicant Hunters Creek Office Park, LLC seeks to
construct eight single-story medical office buildings on the property ranging in size
between 5,000 and 6,000 'square feet, for a totat' of 40,000 square feet The Applicant
anticipates that each will be separately sold and maintained. The Applicant's plan calls
. for the office buildings to be constructed on the perimeter of the property, with a parking'
lot to be constructed in the' center of the circle of, buildings. Vehicular entrance and
j
egreSs will occur on Marana Drive, a residential street. The applicant's plan virtually
eliminates all green space and the buffer in intensity of use between the shopping center
and the residential subdivision.
Planned Development. CarmeVClay's Planned . District Ordinance was
implemented to provide for creative, mixed land use, and to promote excellence in
planning. The ordinance contemplates a uSe that encourages green space, high aesthetic
values, and compatibility with adjacent areas. In the present case, the Applicant's
proposed intensive, but single-use of the subject property by c.onstructing eight
commonplace office buildings on less than four acres is anything but excellence.
Applicant eliminates green space and creates an incompatible use for its neighbors.
Moreover, the subject parcel contains none of the characteristics contemplated in the
ordinance. There is no unusual topography or landscape amenity; there is no historical,
cultural, social or historical significance. The only "special" characteristic about the
subject property is that the Applicant's intended use of the property is prohibited by the
zoning ordinances. Those reviewing the application should treat this request for what it
. .
truly is: an attempt to skirt the zoning requirements of this city and township to the
detriment of neighboring homeowners.
Variance vs. Rezone. If the Applicant had instead sought variances to achieve its
ends, this application would have required a variance for almost every aspect of the
planned project. A few examples:
~
a) Parking. Under office building zoning requirements for parking, medical
office must provide no less than one parking space for every 250 square
feet of office space constructed. In its application, the Applicant provides
less than one space for every 300 square feet, a difference of more than 25
parking spaces. One can reasonably assume :that the parking overflow will
end up in Marana Drive.
b) Setbacks. Similarly, office zoning requires a setback of no less than 60
feet. Here, the applicazit wants to reduce that requirem~nt by half to 30
feet.
c)
Distance between structures. The Applicant has expressed its. intent to
sell each of these building separately, perhaps as a condominium. If these
eight office buildings were built on separate lots, they would have to be 30
feet aparL-.Here, in order to cram as many b.uilding~~J?ossibl~onto)es~__________ __.
than four acres, the Applicant asks for approval of a 20 foot separation,
creating not only aesthetic issues, but fire safety issues.
d) Loading/delivery berths. The Applicant's plan completely ignores the
need f~r loading and delivery berths as contemplated under the office
zoning ordinance.
r j
e) Greenbelt If this application had proceeded under the existing zoning
requirements, then Applicant would have been required to provide 30 feet
of greenbelt space: The Applicant has again asked to decrease this
requirement to 15 feet. The Applicant attempts to hide these deficiencies
behind small-caliper plantings, but the proposed high-intensity use of the
property eliminates the ability to provide for proper greenspace.
f) Five acres? In order for a parcel to be subject to the US 31 Overlay Zone,
it must be five acres. Mathematical computation of the metes and bounds
of this parcel indicate it is less than four acres. Applicant bases its request
for rezoning on the difficulties in complying with the US 31 Overlay Zone
requirements, thereby creating the hardship from which it seeks relief.
However, as the property is less than five acres, the site is not subject to
those requirements, and Applicant is not entitled to relief.
While failure to meet anyone of the,se requirements might prove fatal to an applic~tion,
. the cumulative effect of these multiple deviations from the zoning ordinances
demonstrates that this project would require a complete abandonment of the letter and
intent of this community's zoning ordinances. What Applicant is attempting to do is
clear: avoid the wciiations of land use in o~der to maximize the return' of investment in
the property: While this may seem a reasonable goal, the economic costs of sucp. a
rezone will not be borne by the applicant, but by the neighboring homeowners, who are
in the least po~ition to ~ear "those costs. In essence, Applicant hopes to get rich at the
-
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expense of the homeowners of Hunters Creek South.. This. shifting of economic
consequences is not only unfair, but the very outcome that zoning law is meant to protect
against.
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Yellow flags, 36' setback facing View from window on Marana
east along Marana represent Facing south, yellow flags
rear of structure again represent rear of structure
View from 36' setback,
Facing north, from what
Is to be rear of structure
,;:...
.-
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Buffer from strip mall between Water damage in buffer wall at Water drainage area south-
church and mall property. North side ofmall. Poor West comer of property, at
Looking south from Marana Drainage Capacity, no place to go
Water retention area located Same retention area, within 25'
south-west comer of property Of building. Just enough space
Drainage north-east comer,
Again, no place to go
,,'--' .
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October 25,2001
Dear Sir:
This letter is to express a concern in behalf of the single family
neighbors to the north, west, and east of the proposed commercial
development planned at the southwest comer of Rohrer Road and Marana
Drive, Carmel, Indiana 46032.
It is my opinion that home values adjacent north in the Hunters Creek
South neighborhood, will be negatively affected, with an economic
obsolescence between 10% to 25%. The increased traffic count, view and
noise of busy commercial activity {early morning trash trucks, delivery
vehicles, etc.}, and the planned traffic exit on Marana Drive, would reduce
the desirability of the neighborhood. The intersection of Rohrer Road and
Marana, with a considerable.increase-oftraffic, would be expected to create a
very busy and dangerous intersection.
My Opinion of Market Value for adjacent homes immediately north of
the proposed commercial development would have a negative economic
obsolescence of 25% to a negative influence of 10% for more distant homes .
in Hunters Creek South and other area single family homes.
Sincerely,
~~
Donald D. Scholer
Certified Residential Appraiser, CR49400433
Real Estate Broker, AB2980024
s
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t
FROI.t-FC TUCKER 9101 GROUP
311&662398
T-117 p,DDZ/aDZ F-355
"
November 30, 2001
To Whom It May Concern:
Re: Proposed Office Development at Rohrer Road and Marana
It is my professional opinion that the above proposed office develop-
ment will substantially affect the resale value of any homes Immedia-
tely adjacent to the proposed development.
Furthermore, the value of other homes in the development will suffer
based on their proximity to the project and the view the home has of
the proposed development
t
These opinions are based on 31 years of marketing and selling resi.
dential real estate,
Sincerely,
f
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Ted Butz. CRS
REAL TOR
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Indhtlllpalir, TN ~
Ollio= 317-566-23"
Fa: S 17-566-2:598
~lIlkToTuda;acoll1
,
Dee 04 01 05:07p
p.2
"The Albrecht Team"
December 4, 2001
Mr. Sam Lesjak
664 Marana Drive
Carmel, IN 46032
Keith Albrecht
Dear Sam:
I was asked a question regarding property value in your neighborhood, and if the
proposed office development at the comer of Maran a and Rotter Road would have an
effect on it. The simple truth is ... yes. The homes that will face or sit next to the
development will be hurt the most, by several tens of thousands of dollars. but this
indirectly hurts everyone because the comparable sales will have a trickle down effect.
In my experience (I've sold more homes than any other agent in Carmel the last two
years) every time a home borders a commercial development or a busy road it hurts
resale potential and value.
If you have any further questions, feel free to contact me.
... ..'
Cc: David Lamdin
Brian Shera
www.keithshomes.com
WMtlC Real Estate Group I
8440 Woodfield Crossing, Suite 150
Indianapolis, Indiana 46240
Office: (317) 469-1900, Fax: 469-71n
Direct: (317) 469-4949
Toll Free: 800-876-1596
E-mail: keith@kelthshomes.com
!ad\ Office lnaependently Owned and Opera1ec1
7
Parcel size for 17-09-24-00-02-044.001
Parcel is considered for zoning change.
Hunters Creek Office LLC
The above questioned parcel is the one in question in reference to a ordinance change taking it out
of the US 31 Overlay and changing the status to a PUD.
I believe the following information is important to that change.
Snagging the parcel lines the parcel was dragged so the interior square footage could be obtained.
This gives a total square footage of 167,708 square feet. Dividing that by the square footage of
an acre, 43,560 shows this parcel to be 3.85 acres.
This is not enough area for the US 31 Overlay restrictions.
Statement was made saying uncertainty would cause loss ofwlue to the residences around this
planned office site. Facts are given to you as to the mean average of arms length disclosure
transactions as of the 23M of November 2001
1995 144,900
1999 158,800
2001 173,900
This is using the reassessment figures for the years of 1995 and 1999. The following gives the
area covered to obtain these figures. South to Smokey Row, West to Oak Ridge, North to
Nevelle, East to Rohorer Road. Autumn Lake, just north east of stated area was not used.
Sales in that area as of November 23, 2001 are at a mean average of250,OOO.
Example used to justifY this change in zoning, College Hills, show 1995 to be $121,300 and as of
November 23,2001 at $107,800.
Submitted by Dave Lambdin Clay township deputy assessor
ca
136*. Street and Meridian facing west
136*. Street and Meridian facing east
\ \
TRAFFIC ANALYSIS OF PROPOSED DEVELOPMENT
The developers have submitted a traffic analysis to determine the increase in
cars if the development were built. According to Mr. Charlie Frankenberger, the
impact would be "negligible". I guess that depends on whether you live in the
area or not. .
There are a few things you haven't been told about how the analysis was
prepared and presented. These include:
1) The study was done in June when school was out thus omitting school traffic.
2) At the time, 146th was under heavy construction which reduced the traffic
volume on Rohrer Rd.
3) The developers were asked by the homeowner's association to do a count at
136th and Meridian because it will be the main feeder for the development. That
study was never donel
4) The projected traffic increase was based on 46,OOOsf of "general office
space". The developers have repeatedly told both us and the commission they
are seeking medical and dental offices, both of which \NOuld have higher traffic
volumes.
The traffic volumes are as follows:
1) AM Peak hour- 7am - 8am = 100 new cars.
8am - 9am= 71 new cars
6am -7am = 52 new cars
total new cars 6am - 9am = 223 new cars
2) PM Peak hour- 5pm - 6pm = 130 new cars.
4pm - 5pm = 109 new cars
3pm .;, 4pm = 70 new cars
total new cars 3pm - 6pm = 309 new cars
3) AM peak hours- 6am - 9am total = 223
PM peak hours- 3pm - 6pm total = 309
633 tota/*"
· = info from TAC report November 20, 2001
*" = Not including new traffic generated in hours from 9am - 3pm
,;1.
INTERSECTION OF MERIDIAN AND 136th STREET 7:22 am
We, the following property owners located in the Rohrer Road, Marana Drive
Zoning change request, oppose any change in said property zoning located:
930 Rohrer Road
Parcel number 1709240000044001
Section 24
Township 18
Range 3
Printed name
Signature
Address
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We, the following property owners located in the Rohrer Road, Marana Drive
Zoning change request, oppose any change in said property zoning located:
930 Rohrer Road
Parcel number 1709240000044001
Section 24
Township 18
Range 3
Address
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We, the following property owners located in the Rohrer Road, Marana Drive
Zoning change request, oppose any change in said property zoning located:
930 Rohrer Road
Parcel number 1709240000044001
Section 24
Township 18
Range 3
Printed name
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We, the foUowing property owners located In the Rohrer Road, Marana Drive
Zoning change request, oppose any change in said property zoalnglocated:
. 930 Rohrer Road
Parcel number 1709240000044001
Section 24
Township 18
Range 3
Printed Dame
Signature
Address
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Zoning change request, oppose any change in said property zoning located:
930 Rohrer Road
Parcel number 1709240000044001
Section 24
Township 18
Range 3
Printed name Signature
Address
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We, the following property owners located in the Rohrer Road, Marana Drive
Zoning change request, oppose any change in said property zoning located:
930 Rohrer Road .
Parcel number 1709240000044001
Section 24
Township 18
Range 3
Printed name
Signature
Address
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CITY OF CARMEL
Department of Community SelVices
One Civic Square
Carmel, IN 4€032
(317) 571-2417
Fax: (317) 571-2426
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A PROFESSIONAL CORPORATION
ATTORNEYS-AT-LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
of ~ounsel
J4NE B. MERIULL
3021 EAsr 98th STREET
SUITE 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
November 28,2001
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David A. Cremeans
Windows & Siding of Indianapolis
5041 West 96th Street
IndiaQ.apolis, IN 46268
Re: . Hunters Creek Office Park - 5 Acres at Rohrer and Marana
Docket No. 125-01-Z
Special Studies Committee - December 4,2001
Dear David:
In advance of the Special Studies Committee meeting scheduled to occur on December 4,
2001, we thought it would be helpful to provide the following summary of points we will address:
1. Traffic. Concerns were expressed about traffic. The evidence on this issue, however, is
incontrovertible. Even the most liberal trip-generation estimates conducted by certified
traffic engineers have determined the impact of the proposed office park to be clearly
nominal. Intersection levels of service "A" will be achieved at the A.M. and P.M. peak
hours, with only one level of service "B" as an exception. The impact at all other times of
the day will be less signifiCant; however, as indicated in the Department's report, there is no
level of service more efficient than "A".
2. Zoning. The land is partially zoned B-3 (business) and R-1 (residential). It is, however,
located within the U.S. 31 Overlay Zone, which prohibits residential uses and many B-3 uses.
In other words, the five acres has the unique designation of being zoned for uses which, in
part, are prohibited.
The proposed use delivers practical, well-conceived solutions to the challenges presented by
this unique site. It complies with both the Comprehensive Plan and the U.S. 31 Overlay
Zone, the objective of which is to bring office use to this area. The proposed office use is
understated and low intensity, comprising single-story, residential-style buildings. It
provides buffering and transition by both its low level of intensity and its exceptional
landscaping.
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David A. Cremeans
November 28, 2001
Page 2
The U.S. 31 Overlay Zone permits (i) Maximum Parcel Coverage of65% and (ii) Maximum
Floor Area Ratios of 0.70. The proposed development is 48,000 square feet of single story
buildings on five acres. This results in a floor area ratio of 22% and a parcel coverage of
22%, each of which is substantially below what is permitted in the U.S. 31 Overlay Zone.
This proposal is neither dense nor intense.
3. Impact on Surrounding Values. While impact on surrounding values is not the sole
consideration, it is something about which we have inquired. We have received and filed the
opinions of two certified appraisers, asserting that the existence of the proposed office park
will not decrease values. These opinions, copies of which are enclosed, reflect common
sense judgments of what has occurred in the immediate real estate market.
The conditions establishing the value of nearby residential real estate already exist. These
conditions include the proximity of the U.S. 31 corridor, the shopping center environment
established by the Meridian Village Plaza, and the uncertainty surrounding the use ofthe five
acres. It is this uncertainty, and not the answer to the uncertainty, which causes devaluation.
In other words, a potential purchaser of a nearby residence would be aware of the abandoned
five acres and the fact that it will eventually be used for something. This purchaser will
discount value, accordingly, and would most likely assume a use more intensive than that
proposed. For these reasons, we believe that (i) it is the uncertainty, and not the proposal,
which worsens value, and (ii) the proposal is not the problem but, instead, the solution that
stabilizes prices and eliminates uncertainty by positively answering the unknown.
4. Other Uses. In response to the foregoing discussion on devaluation, it may be argued that
other uses are preferable. In this regard, what follows is a brief discussion of other available
uses:
(a) Residential Use. Considering the comparatively small size of the real estate, its
narrow configuration, and its exposure to the Meridian Village retail center and U.S.
31, it is not feasible to develop the real estate for detached single family homes.
Multi-story, multi-family development would perhaps be economically viable, but
may create other concerns such as increased traffic, additional impact on schools, and
devaluation. Either option, however, is purely academic because this parcel is
governed by the U.S. 31 Overlay Zone, which prohibits residential use, per se.
(b) B-3 Use. Part of the real estate is zoned B-3. All uses within the B-3 District are
permitted special uses, requiring approval by the Board of Zoning Appeals. While
the U.S. 31 Overlay Zone prohibits many of the B-3 uses, it would permit such uses
as schools, hospitals, or a multi-story office building. These uses would exist in
large, multi-story structures, for which parking would not be centered and screened
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David A. Cremeans
November 28, 2001
Page 3
by buildings. Their characteristics would import substantially more intensity. There
would be traffic and activity at night and on the weekends. These considerations,
however, are also somewhat academic, in that it is questionable whether that portion
of the real estate zoned B-3 would be large enough for the development of such uses.
(c) Church Use. It may be suggested that another church would be an appropriate use
of the real estate. The most telling evidence of the infeasibility of this use is the
vacant Carmel Brethem Church. Contemporary churches typically prefer large tracts
of real estate, suitable for future expansion, to justify and warrant extensive
investment in a physical plant that can offer the multi-faceted services sought by
today's parishioners. This parcel is not large enough. It may, perhaps, attract a
start-up church; however, the start-up church would either move on or fail and, in any
event, not attract much investment. The land value would continue to decline.
5. Remonstrance. Land use matters can become pitched with emotion and, at times, less than
objective. To temper and balance some of the comments received during public hearing, it
is helpful to recognize that those comments do not represent the opinions of all the residents
in the surrounding neighborhoods. In this regard, the letter written by Jim and Doreen
Supan, who reside immediately west of and adjacent to the office park, provide some
balance. This letter is also enclosed.
We look forward to further discussing this proposal on December 4,2001.
Very truly yours,
NELSON & FRANKENBERGER
c ~ /, <.A..
Charles D. Frankenberger
CDF/jlw
Enclosures
cc: Leo Dierckman
Linda Flanders
Nick Kestner
Pat Rice
Paul Spranger
Wayne Wilson
H:\JaneIIHiII. BradlCremeans lIT 11280l.wpd
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT-LAW
November 28, 2001
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: Hunters Creek - Docket No. 125-IZ-Ol
Dear Jon:
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3021 EAST 98th STREET
SUITE 220
INDIANAPOLIS, INDIANA 46~
317-844-0106
FAX: 317-846-8782
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Enclosed are copies of the letter sent today to members of the Special Studies Committee,
along with the enclosures thereto. Please place these in the file. Thanks.
CDF/jlw
Enclosures
H:\Janet\Hill, Brad\Dobosiewicz Itr 11280Lwpd
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Very truly yours,
NELSON & FRANKENBERGER
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From:
Jim and Doreen Supan
679 Marana Dr.
Carmel IN 46032
To:
Brad HIli- Developer
Carmel Plan Commission
GenUemen:
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We live on the property bordering, the west side of the proposed development on Marana Or.
We are not opposed to the re zoning requested by Brad Hili.
If this land now zoned B3 and R11s going to be developed, we feel the renderings submitted by Mr. HiD Is as
good as any commercial development can be for this anaa.
. one s1Dry buikJlngs blend into the neighborhood
. tree plantings are abundant
. single entrance at the bottom of Marana Or. should not hurt the neighborhood
I feel the property values will be less elfectecl by this proposed development than the uncertainty
of what could be developed on this land ( apartments. three story office, etc. )
Mr. HID has taken a lot of time to show this proposal to the neighborhood and has been very receptive to the
concerns we have had. The short sighted vIews of some of the neighborhood is NOT shared by all.
Regards,
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Jim and Doreen Supan
Nov. 19th, 2001
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATI'ORNEY8-AT-LAW
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JAMES J. NELSON
CHARLES n FRANKENBERGER
JAMES E. SmNAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
November 20,2001
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: Hunters Creek - Docket No. 125-IZ-Ol
Dear Jon:
3021 EAsr 98th STREET
SUITE 220
INDIANAPOus, INDIANA 46280
317-844-0106
FAX: 317-846-8782
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Enclosed are opinion letters from Integra and Lewellen Real Estate, both of which are
certified real estate appraisers. Please place these in the file. Thanks.
Very truly yours,
NELSON & FRANKENBERGER
c~
Charles D. Frankenberger
CDFljlw
Enclosures
H:\Janet\Hill, Brad\Dobosiewicz Itr 11200l.wpd
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DOUGLAS W. LEWELLEN
REAL ESTATE APPRAISAL CO.
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REALTOR ~
5160 E. 65th Street, Indianapolis, Indiana 46220 Phone: (317) 842-8862
6618 Moss Circle, Indianapolis, Indiana 46237 Phone: (317) 881-0863
Fax: (317) 842-8878
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ASSOCIATES:
NANCY GLASS
MICHAEL C. GLAZER, GRI, CRS
October 31,2001
Century 21, Realty Group I
3801 E. 82nd Street
Indianapolis, IN 46240
ATTN: James Reed
RE: Proposed office building development
Rohrer Road and Marana Drive
Carmel, IN 46033
Dear Jim,
Per your request, I have reviewed the site development and landscape plan,
proposed building elevations, maps, and other information regarding the above-
referenced proposed 8-building, office building development. An inspection of the
property was conducted on October 25,2001.
The 5-acre tract of land is currently improved with a small, vacated church
building and adjoins a shopping center on the south. There are single-family
residential properties located on the northside of Marana Drive. These homes are
located in Hunters Creek South Subdivision. A portion of th,e subject site is
currently zoned for business orB3, and is also in the 31 Corridor. The proposed
development consists of eight 1-story, brick office buildings, two of which contain
5000 SF, and the remaining six have 6000 SF of building area. There is only one
proposed access to the development, and this is just west of Rohrer Road, and
across from Offut Drive. All parking will be on the interior of the site and there
will be extensive perimeter landscaping, particularly along Marana Drive. It
appears that this landscaping will block out most of the view of the office
buildings, and block out the view of the shopping center, for the homes located
on Marana Drive. -
I am a certified, residential appraiser, licensed through the state of Indiana, and
have been appraising residential properties for approximately 30 years. I have
appraised many homes in the Hunters Creek, Hunters Creek South, and Village
of Mt. Carmel areas over the past years.
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After reviewing all of the above-referenced exhibits and information, it is my
opinion that the office complex, if developed as proposed, will not have a'
negative effect upon the market value or marketability of the homes in Hunters
Creek South and surrounding residential neighborhoods.
Respectfully submitted,
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~ewellen, ASA
DWL/jct-s
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MICHAEL C. LADY ADVISORS, INC. . INDIANAPOLIS
May 24, 2001
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Mr. James Reed
Century 21 Realty Group I
3801 East 82nd Street
Indianapolis, Indiana 46240
Re: Proposed Development
Rohrer Road at Marana Drive
Carmel, Indiana
MCL File #11810593
Dear Jim:
At your request, we have reviewed the preliminary exhibits for a proposed office park
development at the southwest comer of Rohrer Road and Marana Drive in
Carmel, Indiana. The purpose of our review was to analyze the proposed development
and to form an opinion of the possible impact of the change in the land use as pertains to
the nearby single-family residential development
Included in our review wasan inspection of the site and adjacent area. The subject site is
irregular in shape, contains an area of approximately five acres per the records of the
Assessor of Clay, and has a gently sloping topography. The site fronts onto
Marana Drive with single-family residential development to the north, west and east, and
backs toward a recently developed neighborhood shopping center. The site is presently
improved with a church .building of apparent average quality construction, an asphalt
paved parking area and established lawn area.
The information furnished is for a proposed office park. The proposed development will
consist of eight low-rise office buildings constructed around the perimeter of the site with
paved parking to the center. The site 'development plan prepared by Weihe Engineers,
Inc. and provided to the appraisers, indicates extensive landscape plantings around the
perimeter of the site to improve the site/view amenities and screening. It is our opinion
that the proposed improvements including the landscaping will also screen the retail
center from the residential areas.
In considering the possible impact of the proposed development on the nearby residential
areas, it is important to consider the proposed development as well as any other use
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LOCAL EXPERTlSE...NATlONALLY
4981 N. Franklin Road . Indianapolis, IN 46226-2000 . Phone: 317-546-4720 . Fax: 317-546-1407 . Ernail: rnlad:l@irr.com
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which may be possible under current zoning restrictions or reasonable zoning change or
variance. Also, it is important to consider similar developments in other 1lreas of the
community .
, Based on our inspection of the site and the nearby areas, our review of the proposed
development including the landscape plan, and review of other areas with' similar
developments with buffer areas, it is our opinion that the proposed office park
development will not have an adverse influence on the marketability of the single-family
residences in the area.
If you have any questions regarding our opinion or if we may be of further service, please
contact us.
Sincerely,
~T~)
Certified Residential Appraiser
mj\;:~69201098
Michael C. Lady, MAl, SRA
Certified General Real Estate App . ser
Indiana Certificate #CG69100223
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EXPERIENCE:
EDUCATION:
LICENSES:
PROFESSIONAL
MEMBERSHIPS:
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PROFESSIONAL QUALIFICATIONS
OF
RAYMOND J. PICKETT, JR
Senior Real Estate analyst for Integra Michael C. Lady Advisors, Inc. - Indianapolis
Background includes 13 years as an independent fee appraiser associated with Michael C.
Lady Appraisal Company. Valuations have been performed on various property types
including, but not limited. to land and residential properties, including small income
properties. The purpose of these valuations are for mortgage loans, marriage dissolutions,
estate planning, insurance settlement, etc.
Bachelor's Degree, Wabash College
Course Work Completed:
Real Estate Appraisal I-A
Real Estate Appraisal Principles
Standards of Professional Practice Part A
Constructio~pection
Condo/Small Income Properties
Limited Properties Appraisal Reports
FHA Valuation Analysis
Appraising Complex Properties
Ap.praisal Continuing Education Seminars Completed
AIREA-Rates, Ratios, and Reasonableness
AIREA-Highest and Best Use
SREA-Standards of Professional Practice
Indiana Certified Residential Appraiser # CR6920 I 098
Licensed Real Estate Broker-State ofIndiana-# B 127736
Metropolitan Indianapolis Board of Realtors
Indiana Association of Realtors
National Association of Realtors
.
~~
EXPERIENCE:
PROFESSIONAL
MEMBERSHIPS
and
DESIGNATIONS:
PROFESSIONAL
INVOLVEMENT:
EDUCATION:
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PROFESSIONAL QUALIFICATIONS
OF
MICHAEL C. LADY, 'MAl, SRA
Managing Director for Integra Michael C. Lady Advisors, Inc. -Indianapolis.
Background includes two years as Staff Appraiser for the Indiana State
Highway Commission and twenty-five years serving the public in real estate
valuation and consulting. Recent experience is concentrated in major urban and
suburban development projects, as well as public development and
redevelopment projects. Valuations have been performed on variotis property
types including single and multi-tenant retail properties, apartment complexes,
single and multi-tenant industrial properties, low to high rise office buildings,
mixed use facilities, residential subdivision analyses, and vacant land for
different uses. Specialized real estate valued includes military bases, hospitals
and medical centers, nursing homes, churches, and recreational properties.
Valuations have been performed for mortgage loan purposes, equity
participation and due diligence support, estate planning, condemnation
proceedings, insurance purposes, and real estate tax valuation. Assignments
have included the valuation of proposed properties, distressed properties,
contaminated properties, and market studies.
Qualified as an expert witness in several courts and jurisdictions, including
U.S. Bankruptcy Court and Federal Tax Court. Litigation support work has
included consulting and review services, as well as valuation services.
Appraisal Institute: MAl, SRA
American Society of Real Estate Appraisers: ASA
Commercial Real Estate Institute: CCIM
Commercial, Industrial Marketing Group (Member)
Indiana Association of Realtors (Member)
Metropolitan Indianapolis Board of Realtors (Member)
National Association of Realtors Real Estate Appraisal Section (Member)
Urban Land Institute (Associate Member)
Member: Appraisal Institute
Chair of General Experience Subcommittee
General Admissions Committee
Qualifying Education Committee
(Past member of National Board of Directors)
(Past President, Hoosier State Chapter)
Bachelor of Science Degree, Ball State University, 1972
(Major Study: Business Administration)
Successfully completed numerous real estate and related courses and seminars
sponsored by the Appraisal Institute, Commercial Investment Real Estate
Institute, and accredited universities.
LICENSES: Indiana Broker #1851238117
Indiana Certified General Appraiser #C0691 00223
Kentucky General Real Property Appraiser #000951
Michigan Certified Appraiser #1201004011
Ohio Certified General Appraiser #397391
Florida Certified General Appraiser #RZ 0001893
CERTIFICATION: Currently certified by the Appraisal Institute's voluntary program of continuing
education for its designated members.
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATI'ORNEYS-AT-LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SmNAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
November 20, 2001
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: Hunters Creek - Docket No. 125-IZ-Ol
Dear Jon:
3021 EAST 98th STREET
SUITE 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX:
Enclosed for your record is a letter of support from the Carmel Bretheren Church. Please file
this. Thanks.
Very truly yours,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
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Enclosure
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SHAMBAUGH, KAST, BECK & WILLIAMS, LLP
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WILLARD SHAMBAUGH
(1897-1976)
229 W. BERRY STREET, SUITE 400
P.O. BOX 11648
FORT WAYNE, INDIANA 46859-1648
TELEPH;ONE (219) 423-1430
FAX (219) 422-9038
Email: skbwlawyers@skbw.com
URL: http://www.skbw.com
MICHAEL H. KAST
EDWARD E. BECK
STEPHENJ.WILLIAMS
JOHN B. POWELL
RONALD D. FELGER
JAMES D_ STREIT
PAUL R. STURM
NATHAN S.]. WILLIAMS
November 19, 2001
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The Carmel/Clay Plan Commission
Re: Hunter's Creek Office Park
Docket No. 125-01-Z
Dear Members of the Plan Commission:
I am writing to you as a member of the Brethren Church and as a representative of the
Brethren Conference of Indiana, Inc., with respect to the Hunter's Creek Office Park. In particular,
I am writing to you to confirm that the Brethren Conference unequivocally supports the request to
change the zoning classification of the five (5) acres located at the comer of Rohrer Road and
Marana Drive to Planned Unit Development-Office Use.
The Brethren Conference, as the owner of this property, believes that the use proposed by
Hunter's Creek Office Park, LLC, is the best use for this property. The Brethren Conference further
believes that the use will enhance, rather than detract from, the surrounding ne:ighborhood and the
community of Carmel as a whole. \;,
Recently, two representatives ofthe Brethren Conference met with a group of neighbors who
oppose the requested change in zoning classification. The meeting was held at the request of the
neighbors. The representatives ofthe Brethren Conference who met with the neighbors did so in their
official capacity; these gentlemen did not serve in those capacities at the time that the Brethren
Conference entered into the purchase agreement with Brad Hill Custom Homes, LLC, and therefore
did not have all ofthe information relevant to the conditional sale ofthe property. These gentlemen
also had not had the opportunity to review the plans which have been prepared by Hunter's Creek
Office Park, LLC, and submitted with this request for zoning reclassification.
The Brethren Conference has had the opportunity to review these plans and to discuss the
concerns expressed by the neighbors at this meeting. The representatives ofthe Brethren Conference
did acknowledge the concerns of the neighbors at that meeting, and the Brethren Conference
continues to understand those concerns. However, upon review of the plans which Hunter's Creek
Office Park, LLC, has submitted to this Plan Commission, the Brethren Conference is now fully
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:::fi:d that the neighbors' concerns are more than adequately addressed by those:~~~'
secured by th opportunity for public comment. The Brethren Conference is also fully satisfied that
Hunter's Creek Office Park, LLC, has made every reasonable effort to work with the neighbors in
formulating its plans, and will continue to be a good neighbor.
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In selling this particular piece of property, the Brethren Conference is in a difficult position.
It must balance its desire to be a good neighbor with its obligation to be a good steward of the
property which it has purchased. Given the size and location of the property and the restrictions
placed upon it by the U. S. 31 Overlay Zone ordinance scheme, the market for this property has been
rather selective. The Brethren Conference is also concerned by the potential for liability which it has
to neighbors and others who may continue to use the property. Given all of these concerns, the
Brethren Conference was delighted to have found a purchaser in Brad Hill Custom Homes, LLC,
which plans to use the property in a manner that is fully consistent with the comprehensive plan of
the City of Carmel and which the Brethren Conference believes will enhance, rather than detract
from, the surrounding neighborhood. The Brethren Conference believes that the proposed use is not
only fully consistent with the u.s. 31 Overlay Zone, but that it is one of only a few such uses which
would be consistent.
For these reasons, the Brethren Conference of Indiana, Inc., fully supports the requested
change of zoning classification of the property at the comer of Rohrer Road and Marana Drive to
Planned Unit Development-Office Use.
Very truly yours,
7(~~-~
Nathan S.l. Williams
nwilliams@skbw.com
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CITY OF CARMEL
Department Of Community Services
One CMc Square
Carmel, IN 4E032
(317) 571-2417
Fax: (317) 571-2426
Date:
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DEPARTMENT OF COMMUNITY SERVICES
RE: Hunters Creek Office Park Landscape Place
November 14, 2001
Charles Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
Dear Charles:
I received a copy of the landscape plan (by HempDesign) for Hunter Creek Office Park
(PUD) today from Jon Dobosiewicz in our office. The plan is much improved, and my
comments are as follows:
1. There are no planting details (graphic renderings of how material will be planted) or
planting notes/specifications on the plan. These must be included on plans submitted
for review.
2. Species notes: Currents (Ribes) and Junipers (Juniperus) should not be planted at the
same site. They are both alternative hosts of the fungal disease Rust, and will pass
the infection back and forth. One or the other species should be planted, but not both.
3. The Crabapple (Malus) species 'Adams' is not recommended because of disease and
insect susceptibility in Indiana. Please choose an alternative species from the
attached list of recommended Crabapple species from the Indiana Urban Forest
Council.
4. Autumn Blaze Maples (Acer x freemanii 'Jeffersed'), while an improved species
from Red or Silver Maples, should not be planted within parking lot islands. The
species has limitations will severely affect tree health and length of life if planted in
parking lot situations. Please choose an alternative species to replace the Autumn
Blaze Maples in the parking lot islands. Alternatives could include Patmore Ash, Red
Oak, or Ginko.
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
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Please reply to these comments in writing and by amended plans. You may contact me at
(317) 571-2478 or by email atSbrewer@ci.carmel.in.usifthere are further comments or
questions.
~ceret ~ d~
Scott Brewer
Urban Forester, City of Carmel
CC: Jon Dobosiewicz, DOCS
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT-LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
3021 EAsT 98th STREET
Sum 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
November 9,2001
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VIA HAND DELIVERY
Ramona Hancock
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: Hunters Creek Rezone - Docket No. 125-01-Z
Dear Ramona:
Enclosed are eighteen. (18) informational brochures for the Plan Commission meeting
scheduled for November 20, 2001. If you should have any questions, please feel free to call. Thank
you.
Very truly yours,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
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Enclosures
H:\Janet\Hill, Brad\Hancock-PC brochures 110901. wpd
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NELSON
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A PROFESSIONAL CORPORATION
ATIORNEYS-AT-LAW
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JAMES J. NELsON
CHARLES D. FRANKENBERGER
JAMES E. SIUNAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
3021 EAsr 98th STREET
SUITE 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
November 9,2001
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Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: Hunters Creek - Marana and Rohrer
Rezone Application - Docket No. 125-01-Z
Plan Commission Hearing on November 20, 2001
Dear Jon:
Please find enclosed the following for the above-referenced matter:
1. Notice of Public Hearing;
2. Affidavit of Mailing;
3. Proof of Publication;
. 4. List from Hamilton County Auditor regarding surrounding property owners; and
5. Certified, return receipt requested cards which were returned by the surrounding property
owners.
The above-referenced docket matter is to be presented to the Carmel Plan Commission on
Tuesday, November 20,2001.
Should you have any questions, please contact me.
Very truly yours,
NELSON & FRANKENBERGER
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Enclosures
H:\JanetIHiIl, Brad\Dobosiewicz-pub proof 110901.wpd
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NELSON
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT-LAW
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JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SIUNAVER
LAWRENCE J. KEMPER
of counsel
JANE B. MERRILL
3021 EASl' 98th STREET
SUITE 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
November 8,2001
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DOCS
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: Hunters Creek - Marana and Rohrer
Dear Jon:
. Enclosed are two (2) copies of a full-sized preliminary landscape plan for Hunters Creek
Office Park. Should you have any questions or comments, please do not hesitate to call me. Thank
you.
Very truly yours,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
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HUNTERS CREEK ~iiI N~ECj/Vf:D \;.~.\
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Change of Zoning Classificatf60jr;;-"-Tts(~~>/
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To Planned Unit Development-
Office Use
5 Acres at Rohrer Road and
Marana Drive
Docket No. 125-01-Z
Carmel Plan Commission
November 20,2001
Charles D. Frankenberger
NELSON & FRANKENBERGER
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
Telephone: (317) 844-0106
Sh8rIM8diaI, ill:
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352 Gradle Dr. . Carmel, IN 40032
Phone317~7. Fax317-844a356
October 31, 2001
CanneVClay Planning Commission
To whom it may concern,
I'm writing to express my grave concern about a proposed commercial development located at
930 Rohrer Rd. in Clay Township. This site happens to be in the middle of the Hunter's Creek
South subdivision. At the November 20th planning commission meeting, the developers will be
seeking a zoning change for the site.
As a homeowner and vice-president of the homeowners association who lives on the street the
proposed development is to be built, I have many concerns. They include but aren't limited to:
1) Property values- TIle developers will be telling the commission and the city council that
our property values will not suffer. The fact is, we have an analysis from a respected appraiser
that says that those living on Marana Dr. (where the only entrance will be) would see a decrease
of 25% in our property values, This decrease, due to reahors using "comps", would affect not
only our neighborhoods but those surrounding us.
2) Traffic- The developers will be telling the commission and the council that traffic won't be
affected. They did a traffic analysis in June when school wasn't in session and when 146th St.
was still under construction. They didn't do an analysis of the intersection of 136th and Meridian.
Here is where the problem is. According to their study, a mmlmum of 104 cars will be in the area
during both msh hours. Of those, a projected 82 will be going through 136th and Meridian which
is already a nightmare. Please remember, the study didn't include the increase in school traffic or
traffic north on Rohrer Rd. to 146th Street. Our neighborhood has already seen a large increase
in traffic because of the backups at 136th and Meridian.
3) RunojJ:. The property has a natural "swail" in the middle of it that floods when it rains. In
my numerous meetings with the developers, they still haven't answered our concerns as to where
the runoffwill go. To our knowledge, they have no idea where it will go or how the proposed
development will affect our drainage.
As you can see, these concerns alone are enough to make any homeowner facing this problem be
more.than a little concerned. It is my intent for you to see the homeowners side of the issue. If
you have " any questions, pleaSe feel free to .contact me at the nUmber on the letterhead. I would
be happy to exPlain the above infomuition in greater detail.
Thank you for your time and consideration!
Sincerely,
..~f\~
Brian T. Shera
Homeowner & Vice-President Hunter's Creek South Homeowner's Association
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HUNTERS CREEK MEETINGS
DATE TIME WHOIWHERE
March 10, 200 I I I :00 Officers
March] 7,2001 11:00 Officers
March 27,2001 7:00 pm Mass Mail all HCS
Associates at Church
May 24, 2001 7:00 pm Supan Family at
Home
September 10, 2001 LETTER AJl Neighborhood
October ) 6, 2001 7 :00 pm President, Past
President, & Brian
Shera, V.P.
October 17, 2001 6:30 pm McCracken Family
at Home
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352 Gradle Dr. . Carmel, IN 4ED32
Phone 317~J800..445..5967 . Fax 317-844-8856
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October 23, 2001
To Whom it may conce~
I'm writing on behalf of the Hunter's Creek South Homeowners Association to request a
postponement ofan item on the agenda of the Planning Commission meeting on November 20th.
The item concerns a re-zoning proposal on the property located at 930 Rohrer Rd. in Carmel
This proposal is trying to establish a Planned Urban Development (PUD) for this site.
As Vice-president of the association, we have many issues with the proposal and need more time
to put some things together. Our reasons for asking for the postponement include:
1) We've not been given adequate time to obtain and meet with an attorney.
2) The meeting comes just days before the Thanksgiving holiday and it finds many of our
homeowners gone on vacation.
3) There was NO traffic count done by the petitioners at the intersection of 136th and Meridian.
4) We are concerned about how drainage and run-offwill be affected by the proposed
development. To date, the petitioners have not provided information to this regard.
5) The traffic count that was done, was done while school was NOT in session which in our
opinion, will show a decreased amount of traffic.
6) The traffic study that was done, was also done while 146th Street was still under construction
which in our opinion, will reflect a lower traffic count.
These are but a few reasons we, the Hunter's Creek South Homeowners Association, are asking
for a postponement for this item on the 20th of November. Also, we are asking that the proposal
be postponed until at least February so a more accurate traffic count can be done that will include
the effects of 146th Street after all the construction is finished.
Please feel free to contact me at your convience. I can be reached at home at 581-8862 or paged
at 382-8681. Thank you for the time and consideration.
Sincerely,
~~~
Brian T. Shera
Vice-President- Hunter's Creek South Homeowner's Association
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
A'ITORNEYS-AT-LA W
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JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SlDNA VER
IAWRENCE J. KEMPER
JOHN B. FlATI
of counsel
JANE B. MERRIIL
3021 EAsr 98th SrRFEr
Sum: 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
October 19,2001
VIA HAND DELIVERY
Laurence M. Lillig, Jr.
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: 136th Street and Rohrer Road
Planned Unit Development DistrictIHunters Creek Office Park, LLC/
Brad Hill
Docket No. 125-01Z
Dear Laurence:
Enclosed you will find a check made payable to the City of Carmel in the sum of $875.00
for the filing fee for the above-referenced matter. Please call with any questions.
Very truly yours,
NELSON & FRANKENBERGER
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Enclosure
H:\Janet\HiII. Brad\Lillig Itr 10190Lwpd
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City of Carmel
DEPARTMENT OF ENGINEERING
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October 18,2001
Mr. Charles D. Frankenberger
Nelson & Frankenberger
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
RE: Hunter's Creek Office Park-Project Review #1
Dear Mr. Frankenberger:
/
We have reviewed the drawings submitted for this project and offer the following comments:
GENERAL INFORMA nON
1. The project site is located outside of current City of Carmel Corporate Limits.
2. Jurisdictions:
. Street and Right of Way - Currently Hamilton County Highway Department.
. Sanitary Sewers - City of Carmel.
. Water Mains - Currently Hamilton Western Utilities, but tlle City of Cannel is negotiating tlle
purchase of the portion of their water system in Carmel-Clay Township.
. Storm Drainage - Currently Hamilton County Surveyor's Office.
3. The cover letter submitted for this project states tllat Hunters Creek Office Park together with lie
Bretheren Conference of Indiana will request annexation of the property. The real estate does not
appear to be contiguous to City of Cannel Corporate Limits. The nearest annexed area is tl1e Autumn
Lake Subdivision, which is located on Rohrer Road, just north of tllis property. Please provide a
written and recorded letter of commitment to annex this property to tl1e City of Carmel or enter into a
Non Remonstrance Agreement witl1 tl1e City of Cannel.
4. This department will withhold additional comments until such time tl1atjurisdictions are defined and
detailed construction drawings are submitted for review.
If you have questions, please contact Kate Weese, Mike McBride or me at 571-2441.
~.
Dick Hill, Assistant Director
Department of Engineering
Enclosures
cc: M. Kate Weese, City Engineer
Mike McBride, Assistant City Engineer
Jon Dobosiewicz, Department of Community Services
Laurence Lillig, Department of Community Services
John Duffy, Cannel Utilities
Steve Cash, Hamilton County Surveyor's Office
Steve Broennann, Hamilton County Highway Department
S:IPROJRE VO IIHUNTCRKOFF
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.lAW
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JAMESJ. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SIllNA VER
IAWRENCE J. KEMPER
JOHN B. FlAlT
of counsel
JANE B. MERRnL
3021 EAsr 98th SntFEr
Sum: 220
1ND1ANAPOus, INDIANA 46280
317-844-0106
FAX: 317-846-8782
October 8, 2001
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
Re:
~-:-'._-'"---.. -_. . -' .. -' --~ ~ ......
'-Hunters_Creek ~Marana and Rohrer
Dear Jon:
Enclosed is the Petition for Rezone on which the owner has acknowledged its consent.
Should you have any questions or comments, please do not hesitate to call me. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
c~
Charles D. Frankenberger
CDF/jlw
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Charles D. Frankenberger
Nelson & Frankenberger
3021 East 98th Street, Suite 220
Indianapolis, IN 46280
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RE: Hunters Creek Rezone
LETTER OF APPROVAL
The undersigned has reviewed the proposed plans for
Hunters Creek Rezone
and has approved the plans subject to the following:
1. Are any of the proposed buildings to be sprinklered buildings? If so a meeting will need to be set
up to discuss the location of the Fire Department Connection. We would also request an exterior
access door directly to the riser room.
2. When available, our office would like a set of plans showing the water distribution plans including .
proposed fire hydrant locations.
3. We are requesting that a Knox Box be installed on each building for fire department emergency
access.
4. What are the heights of the buildings and will the buildings have basements?
5.
6.
Please respond to the above noted condition(s) in writing and submit to our office prior to the
scheduled Technical Advisory Meeting for this project.
Date: October 2. 2001
By: Gary Hoyt, Fire Marshal
Carmel Fire Department
Fire Prevention Saves Lives and Property
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CITY OF CARMEL
Department of Community Services
One CMc square
Carmel, IN 4S032
(317) 571-2417
Fax: (317) 571-2426
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Johnson, Sue E
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Subject:
Dobosiewicz, Jon C
Friday, October 12, 20011:17 PM
Johnson, Sue E
Lillig, Laurence M; Hahn, Kelli A; Hollibaugh, Mike P
Docket Number Assignment - Rezone: 136th Street and Rohrer Road PUD
Sue Ellen,
Please issue the necessary Docket Number for the 136th Street and Rohrer Road PUD application. It will be
the following:
'e:15
__ - 01 Z $700 + $175 ($700 + $35 per acre at 5 acres)
Total Fee: $875.00
I~S-
Docket No. 4H+-Ol Z; 136th Street and Rohrer Road PUDI Hunters Creek Office Park
Petitioner seeks favorable recommendation ofa rezone from the B-3 (Business) and R-1 (Residence) districts to
a PUD/planned unit development district on 5::f: acres. The site is located at the southwest comer of Maran a
Drive and Rohrer Road.
Filed by Charles D. Frankenberger of Nelson and Frankenberger for Hunters Creek Office Park, LLC.
The petition has been placed on the October 17th T AC agenda. The petition will also be placed on the
November 20, 2001 Plan Commission agenda. Packets for the commission members need to be in our office by
November 9th for mailing. I will make every effort to get comments out in writing by the TAC meeting.
Please contact Charlie Frankenberger at 844-0106 with this information.
return the file to my office. .~
Thanks, _ ~
FOor-~ ~
Once the docket is assigned please
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CARMEL/CLAY TECHNICAL ADVISORY COMMITTEE
AGENDA
A>}'; ~
Date: OCTOBER 17, 2001 ,: 6't>}'.~
Place:Department of Community Services Conference Roolll " '/t1v~
3nI PIoor - Cllmd CIty BaD ..",~O'Jo ~<:tJ
9'00 a m. CMC & CH Land Properties (Development Plan) <'...!.ITf:T\~;}">
The sites are located northwest of West 131 st Street and North Meridian Street.""i3oth sites are 4,.,
zoned B-S and the CMC property is within the US 31 Overlay Zone. L-
Filed by E. Davis Coots of Coots Henke & Wheeler for CH Land LLC and CMC.
Q'10 a m
10'00 a m
10'20 R m
10'40 am
11 '00 a. m
11 '10 a m
NOON
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Clayboarn Estates (primary Plat)
The site is generally located at the northwest corner of Shelbourn Road and 131 st Street and on
the south side of 131st Street Y4 mile west ofShelbourn Road. The site is zoned S-l (Residential).
Filed by lames 1. Nelson of Nelson & Frankenberger for Boomerang Development, LLC.
Fecitt Subdivision (Primary Plat)
The site is located at 14415 Cherry Tree Road. The site is zoned S-l (Residential).
Filed by Adam DeHart of Keeler- Webb Associates for Robert Fecitt.
Papay Subdivision (primary & Secondaz Plats)
The site is located on the north side of 136 Street, Y4 mile east of Towne Road. The site is
zoned 8-1 (Residential).
Filed by Dave Barns of Weihe Engineers, Inc. for Anthony and Alice Papay.
The Sanctuary (Primary Plat)
The site is generally located at the northeast corner of 106lh Street and Crooked Stick Lane. The
site is zoned S-l (Residential).
Filed by Dennis Olmstead of Stoeppelwerth & Associates for Glenn E. Christian.
136tb Street and Rohrer Road Planned Unit Development District I
Hunters Creek Office Park, LLC (pUD Rezone)
The site is located at the southwest corner of Rohrer Road and Marana Drive.
Filed by Charles D. Frankenberger of Nelson and Frankenberger for Hunters Creek Office Park,
LLC.
Carpenter GMAC (Development Plan Amendment)
The site is located at 790 West 122nd Street. The site is zoned M-3.
Filed by David Caveness of Carpenter Co., Inc.
LUNCH, One Hour
U.S. Highway 31 & 146tb Street Planned Unit Development District (PUD Rezone)
The site is located at the southwest corner of US Highway 31 and 146lh Street.
Filed by Paul G. Reis of The Reis Law Firm for the Lauth Property Group.
Panhandle Eastern Pipeline Co.
has no company Facilities
~n~~roject
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10/08/01 16: 13 FAX HAMILTON CO HWY. -+H Carmel DOCD IaJ 0011001
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HAMILTON COUNTY
HIGHWAY DEPARTMENT
RE: Hunters Creek Rezone
Rezone
S of Marana Drive I W of Rohrer Road
Clay Township
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October 8, 2001
Mr. Charles D. Frankenberger
Nelson & Frankenberger
3021 East 98th Street, Suite 220
Indianapolis, Indiana 46280
Dear Chariie:
This letter serves to acknowledge receipt of a transmittal containing the plans for the above-
mentioned project. After reviewing the plans the Highway Department has the following
comments:
1. Does the parcel have the necessary contiguity for annexation?
2. The construction of the tum lane on Marana Drive will need to relocate the existing curb.
3. In accordance with the Hamilton County Thoroughfare Plan, a 40' right of way is required
along Rohrer Road, and a 35' triangular right of way cut Is required at the Intersection of
Marana Drive and Rohrer Road.
4. Permits will be required for all work perfonned within the right of way. Please contact Mr.
Dave Lucas, Permit Inspector; for all the necessary information.
If you have any questions or comments concemlng this letter, please feel free to contact me at
anytime.
Sincerely,
.j~/ff~
Steven J. Broermann
Staff Engineer
cc: Laurence Lillig
Steve Cash
Dave Lucas
G:\USERS\SB\2001Tac\1 Q.08-01hunterscreek.doc:
1700 South 1011I Street
Noblesville, In. 46060
www.co.bamllton.ln.us
Office (317) 713-1710
Fu (317) 716-9814
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Dobosiewicz, Jon C
Akers, Will'
. , ctober 05, 2001 2:05 PM
Dobosiewicz, Jon C
Lillig, Laurence M
TAC MEETING 10-17
From:
Sent:
To:
Cc:
Subject:
Jon,
I will not be able to attend the TAC meeting on October 17th. I will be out of town attending a conference in Florida. I do
have a few comments that I would like to have you mention if you would.
CMC & CH LAND PROPERTIES
These two projects each be addressed off of Meridian Corners Blvd. Assignment will come at a later Date.
CLAYBOURN ESTATES
All the names on the primary plat will have to be approved by the county;layout looks ok as far as street cutoffs go: Only
concern is name"Donavan Blvd";it needs to be cut off at 131st st, will need additional name for either North or South
entrance off of 131st(to replace Donavan Blvd).
FECITT SUBDIVISION
Is this a totally seperate structure: if so it will get a different address then what is stated on the plans.
PAPAY SUBDIVISION
No comment at this time....will assign an address when applying for permits.
SANCTUARY
No comment at this time; not recieved plans as of this date
HUNTERS CREEK OFFICE PARK
Is entrance a private drive?Prefer it not to be; if private drive each building will be assigned off of Marana Drive.
CARPENTER GMAC
not recieved anything on this as of today
CLAY TERRACE
No comments at this time tillater on in development process; will each building come in as it is individually constructed?;
addresses will be assigned as each building as they come in; they will probably be assigned off of North Range Line Rd;
make sure they are aware Range Line is 2 words not 1.
HEARTHVIEW
require 3 street names for development; 2 EIW names and 1 N/S name. no further comment tillater time.
USTA
address seems alright, but will have to make sure it fits with what is across street; will make it official at a later date; Make
sure they put assigned address on monument sign or on the building.
J.C. SIPE JEWELERS
no comment
Thanks alot for doing this Jon...
Bill
BILL AKERS
Operations Supervisor
Carmel Communications Center
(317)571-2586 Fax 317-571-2585
cell # 847-8301
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CITY OF CARMEL
Department of Community SelVices
One Civic Square
Carmel, IN 4SJ32
(317) 571-2417
Fax: (317) 571.2426
Fax
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October 3, 2001
Charles D. Frankenberger
Nelson & Frankenberger
3021 E. 98th Street Suite 220
Indianapolis, IN 46280
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- l)OCS
RE: Hunters Creek Rezone
Dear Mr. Frankenberger:
I have received and reviewed the information for the above-mentioned
project.
At the present time, I see nothing in the plans that would hamper law
enforcement efforts.
If we can be of any further assistance to you, please contact us.
Respectfully,
~~!~
Chief of Police
MDF:vb
cc: Dept. of Community Services
A Nationally Accredit
(317) 571-2500
rcement Agency
FAX (317) 571-2512
(J
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.lAW
JAMFS J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
IAWRENCE J. KEMPER
JOHN B. FlATI
of counsel
JANE B. MERRIIL
September 27, 2001
Jon C. Dobosiewicz
Department of Community Services
One Civic Square
Carmel, IN 46032
'-
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Re: cJ!~I1!ers_Greek ReZon~ -~
Dear Jon:
()
'Y
3OZ1 EAsr 98th SmEr
Sum: 220
INDIANAPoLIS, INDiANA 46280
317-844-0106
FAX: 317-846-8782
Enclosed are transmittal letters forwarding the plans to T AC members. We look forward to
discussing this matter with the Technical Advisory Committee at its meeting scheduled to occur on
October 17,2001. If you should have any suggestions or comments in the interim, please feel free
to call. Thanks.
Very truly yours,
NELSON & FRANKENBERGER
c--
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\.IanetIHiJl, BradlDol'losiewicz-TAC Itr 092701.wpd
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JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
IAWRENCE J. KEMPER
JOHN B. FlATf
or counsel
JANE B. MERRll.L
Steve Cash
Hamilton County Surveyor Office
One Hamilton Square, Suite 146
Hamilton County Judicial Center
Noblesville, IN 46060
Re: Hunters Creek Rezone
Dear Steve:
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.LAW
September 27,2001
Q
3021 EAsr 98th SmFEr
Sum: 220
INmANAPous, INDIANA 46280
317-844-0106
FAX: 317-846-8782
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
CDF/jlw
Enclosures
H:\Janet\Hill, Brad\TAC Itr09270l.wpd
Very truly yours,
NELSON & FRANKENBERGER
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Charles D. Frankenberger
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.LA W
JAMES J. NELSON
CIIARLES D. FRANKENBERGER
JAMES Eo SlDNAVER
IAWRENCE J. KEMPER
JOlIN B. FLATI
of counsel
JANE B. MERRILL
September 27,2001
John South
Hamilton County Soil & Water Conservation
1108 South 9th Street
Noblesville, IN 46060
Re: Hunters Creek Rezone
Dear John:
3021 EAst 98th SIuEr
Sum: 220
1NmANAPous,;I'NmANA 46280
3.7-844-0106
FAX: 317-846-8782
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geT 1 2001 ~
DOCS
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest corner of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
C~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\Janet\HilI, Bmd\T AC Ilr 09270l.wpd
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SlDNAVER
IAWRENCE J. KEMPER
JOHN B. FIATI'
of counsel
JANE B. MERRILL
Dick Hill
Department of Engineering
One Civic Square
Cannel, IN 46032
o
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATfORNEYS-AT.LA W
September 27, 200 I
Re: Hunters Creek Rezone
Dear Dick:
o
3021 EAsr 98111 Snwi:r
s~ 220
INDIANAPOLIS, INDIANA 46280
317-844-0106
FAX: 317-846-8782
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
CDF /jlw
Enclosures
H:\Janet\HiII. Brad\TAC Itr092701.wpd
Very truly yours,
NELSON & FRANKENBERGER
c-? --
Charles D. Frankenberger
o
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.LA W
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES Eo SlDNAVER
IAWRENCE J. KEMPER
JOHN B. FlATI
of counsel
JANE B. MERRILL
3021 EAsr 98tb. Snmi:r
Sum 220
1NmANAPous, INDIANA 46280
317-844-0106
FAX: 317-846-8782
September 27,2001
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Gary Hoyt
Office of Fire Chief
Fire Station #1
Two Civic Square
Carmel, IN 46032
Re: Hunters Creek Rezone
Dear Gary:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
~~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\Janet\Hill. Brad\TAC Itr09270l.wpd
o
Q
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT-lA W
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SlnNA VER
LAWRENCE J. KEMPER
JOHN B. FLATI
of counsel
JANE B. MERRILL
3021 EAsr 98th Snu:Er
SUrJE 220
1NmANAPous, INDiANA 46280
317-8#0106
FAX: 317-84(i.8782
September 27, 2001
Bill Akers
Carmel Communications
31 First Avenue NW
Carmel, IN 46032
Re: Hunters Creek Rezone
Dear Bill:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
C?~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\.Janet\HiII, Brad\TAC Itr09270l.wpd
o
u
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
AlTORNEY8-AT.[A W
JAMES J. NElSON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
lAWRENCE J. KEMPER
JOHN B. FIATI
01 col1JlSd
JANE B. MERRILL
3021 &\sr 98th Snw:r
SUl'I.lt 220
1.NmANAPous, INmANA 4628C)
317-844-0106
FAX: 317-846-8782
September 27, 2001
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Michael Fogarty
Office of Police Chief
Three Civic Square
Carmel, IN 46032
Re: Hunters Creek Rezone
Dear Mike:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20, 2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
e~~
Charles D. Frankenberger
CDF /jlw
Enclosures
H:Vanet\HiII. Bmd\T AC Itr 092701. wpd
o
NELSON
&
FBANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.IAW
JAMES J. NElSON
CHARLES D. FRANKENBERGER
JAMES E. SlDNAVER
lAWRENCE J. KEMPER
JOHN B. FlATI
of counsel
'JANE B. MERRILL
September 27, 2001
Paul Pace
Carmel City Utilities
130 First Avenue SW
Carmel, IN 46032
Re: Hunters Creek Rezone
Dear Paul:
o
3021 EAsr 98th Snu:Er
Sum: 220
1NmANAPous.1NmANA 46280
317-844-()106
FAX: 317~782
~'j), \~LL~U /~
\;::_..-- '-...z... <;f
/ "- .)/~ ~:<
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\.;d'~ DOCS ;J::)
'\(;"?'~ /;;'/
/, #'
/0...-- "'-
<I:I j'7----r O.
""--!...~~ '-'
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee On October 17, 2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
C"--
Charles D. Frankenberger
CDF/jlw
Enclosures
H:Vanet\HiII, Brad\TAC Itr09270l.wpd
o
JAMES J. NElSON
CHARLES D. FRANKENBERGER
JAMES E. SRINA VER
LAWRENCE J. KEMPER
JOHN B. FlATf
of couusel
JANE 8. MERRIIL
John Lester
Carmel/Clay Parks Department
1055 Third Avenue SW
Carmel, IN 46032
Re: Hunters Creek Rezone
Dear John:
o
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT.LA W
September 27,2001
3021 EAsr 98th SnmET
Sum: 220
1No1ANAl'Ous, INnIANA 46280
317-844-0106
FAX: 317-846-8782
~'T""'!'~
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6i"HECtVECl '\~\
(~, OCT I 2001 i
\ /;-. DOCS
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'>"'.'{ I'~"---\ \~
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Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest corner of Marana and Rolirer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
CDF/jlw
Enclosures
H:\Janet\HiII. Brad\TAC Itr 09270l.wpd
Very truly yours,
NELSON & FRANKENBERGER
C? --.....
Charles D. Frankenberger
u
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT-IA W
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
IAWRENCEJ. KEMPER
JOHN B. FLATI
of coamseI
JANE B. MERRIIL
September 27,2001
Rick McClain
Cinergy
1441 South Gilford
Carmel, IN 46032
Re: Hunters Creek Rezone
Dear Rick:
Q
3021 EAsr 98th Sramr
Sum 220
1ND1ANAI'Ous, ~ 46280
317-844-0106
FAX: 317-846-8782
#'~I-"
. ell, \ .. -ili-i / <~
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(j OCT 1 2001 ~
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\,( Ir,~, ~i0:f)/
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.....,", I '-'r--~' \
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.~~
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest corner of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20, 2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
c--
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\JanetIHill. Brad\TAC Itr 092701.wpd
Q
Q
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.LAW
JAMES J. NElSON
CHARLFS D. FRANKENBERGER
JAMES E. SlDNAVER
lAWRENCE J. KEMPER
JOHN B. FlAIT
of counsel
JANE B. MERRIlL
3021 EAsr 98th S:nu:ln'
Sum: 220
1NDwwous, 1NmANA46280
317-844-0106
FAX: 317-846-8782
September 27,2001
_..-<\<Oi~
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(~l OCT 12001 ~
\--' DOCS L
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""""1:1 (Ti'\\ \'
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Chuck Shupperd
Indiana Gas Company
P.O. Box 1700
Noblesville, IN 46060
Re: Hunters Creek Rezone
Dear Chuck:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U. S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20, 2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
~~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\Janet\HiII. Brad\TAC lIT 09270l.wpd
Q
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT.LAW
JAMES J. NEI.SON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
IAWRENCE J. KEMPER
JOHN B. FlA'IT
of counsel
JANE B. MERRnJ...
September 27,2001
Mary Shultz
Indiana Gas Company
P.O. Box 1700
Noblesville, IN 46060
Re: Hunters Creek Rezone
Dear Mary:
o
3021 EAsr 98th SrREEr
Sum: 220
1NDwwous, INDiANA 46280
317-844-0106
FAX: 317-846-8782
~"~'I"r___
~} \ \ _5cL~J /~
,"(->'" '-'--;} i',-
/, '/ '<.
/, Y A. /.
1"..7 T \~)~
l:) RECEIVED 'V_
Ie, DCT 1 2001 '
\~ CI
\> DOCS I,;~~-i
I, /:yI
..\/
---'- '\ \)'/
....<-L__._ ~J/-':'
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U. S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20, 200 I, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
c~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\Janet\HiII, Brad\TAC Itr092701.wpd
o
u
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT.IAW
JAMESJ. NELSON
CUARLES D. FRANKENBERGER
JAMES E. SHlNAVER
IAWRENCE J. KEMPER
JOHN B. FrAlT
of counsel
JANE B. MERRllL
3021 EAsr 98th SruEr
Sum 220
1Mlwwous, INDIANA 46280
317-844-0106
FAX: 317-846-8782
September 27,2001
AC\~. -; --;--/----..
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"'-."'1/ 'I::' : \ ,d
~~~-;;
Jeff Rice
Ameritech
5858 N. College Avenue
Indianapolis, IN 46220
Re: Hunters Creek Rezone
Dear Jeff:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U. S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
c'-
Charles D. Frankenberger
CDF /jlw
Enclosures
H:\Janet\HiII, Brad\TAC Itr092701.wpd
o
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SBlNAVER
IAWRENCE J. KEMPER
JOHN B. FIA'IT
ofcounse1
JANE B. MERRll..L
Pam Waggoner
Indianapolis Water Company
P.O. Box 1220
Indianapolis, IN 46206
Re: Hunters Creek Rezone
Dear Pam:
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
A'ITORNEYS-AT-LAW
September 27,2001
o
3021 &\sr 98th Snuzr
Sum 220
1NmANAPous, INDIANA 462lIO
317-844-0106
FAX: 317-846-8782
() i ~~~:;~;-7~>"
\. e,Y" - -'-1<, / ~
" "
, A. '.(/
h>j/ T '\h
- RECEIVED ..\~-\
PCT 1 2001 '~~i\
DOCS ;-J
I'/""<?/
/~I
'0;/'---. __",,-C\0V
'I I 0t \ j.../;?'
'-
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest corner of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20, 200 I, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
CDF/jlw
Enclosures
H:\Janet\HiII. Brad\TAC Itr09270l.wpd
Very truly yours,
NELSON & FRANKENBERGER
~ --....
Charles D. Frankenberger
u
o
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATfORNEYS-AT.LAW
JAMESJ. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SlDNAVER
IAWRENCEJ. KEMPER
JOHN B. FLATf
ofcollllliel
JANE B. MERRIlL
3021 EAsr 98th Snw:r
SUlTE 220
INDwwous, INJHANA 46280
317-844-0106
FAX: 317-846-8782
September 27,2001
#-:-~-:-~~~
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~ ~lJ 2001 :~iJi
\ /-1
~ DOCS t!
~_~ _ ~6!5f
"t,/ / "J--, b, ."\ \~
~~~.-J--
Kevin Walker
Indianapolis Power & Light Company
3600 N. Arlington Avenue
Indianapolis, IN 46218
Re: Hunters Creek Rezone
Dear Kevin:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest - comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
~~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:lJanel\HiII. Bmd\ T AC Itr 092701. wpd
u
Q
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT.lAW
JAMES J. NElSON
CHARLES D.FRANKENBERGER
JAMES E. SBINAVER
lAWRENCE J. KEMPER
JOHN B. Fl.ATI
01 couuse1
JANE B. MERRU.L
3021 EAST 98th SrRFEr
Sum: 220
1NDwwous,1NDIANA 4Q8O
317-844-0106
FAX: 3t7-846-8782
September 27, 2001
g:~617~
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_1 RECEIVED ,\:\
\~~~ ,OCT 1 2001 J~~
\ D 1--.'
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V" 'A. vi
,'/ ~ '7
'y '(i ';,_, /fJ
"'<ZLltJJJ~ v
Sharon Prater
Panhandle Eastern Pipeline Company
P.O. Box 38
Zionsville, IN 46077
Re: Hunters Creek Rezone
Dear. Sharon:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
c~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\Janet\HiII. Brad\TAC Itr092701.wpd
u
o
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIOllNEY8-AT.LA W
JAMES J. NElSON
CHARLES D. FRANKENBERGER
JAMES E. SmNAVER
LAWRENCE J. KEMPER
JOHN B. FLA1T
of munseI
JANE B. MERRIlL
3021 EAsr 98th SnwEr
Sum 220
1NDwwous,1'ND1ANA46280
317-844-0106
FAX: 317-846-878Z
September 27,2001
A~: ;';-:-.;"
(~. \ . '....L ' / "-
/, \...... .,." ,.-,~
/"'''- '\.,- ......~:/,/\
6" A .,'
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iO~ECEIVEb . r~
('=j 1 2001 ~)I
\~;\. DOCS . l;-J
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'<1:>- '- /~
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,r-:'I\......
.....,,:.~-
Robert Hendricks
Hamilton County Local Emergency
Planning Committee
18100 Cumberland Road
Noblesville, IN 46060-1624
Re: Hunters Creek Rezone
Dear Bob:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
C c-....
Charles D. Frankenberger
CDF /jlw
Enclosures
H:\Janet\HiII, Brad\TAC Itr092701.wpd
o
Q
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATfORNEYS-AT.lAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
IAWRENCE J. KEMPER
JOHN B. FrAlT
01 c:ouosel
JANE B. MERRILL
3021 EAsr 98th Srtum
Sum 220
1NDwwous, iNDIANA 462lIO
317-844-0106
FAX: 317-846-8782
September 27,2001
,/f-:-T;',::-- ,''--
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Scott Brewer
Dept. of Community Services
One Civic Square
Carmel, IN 46032
Re: Hunters Creek Rezone
Dear Scott:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
C'--
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\Janet\Hill, Brad\T AC Ilr 09270 Lwpd
u
u
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATI'ORNEYS-AT-LA W
JAMESJ. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SllINA VER
lAWRENCE J.KEMPER
JOHN B. FIATr
of counsel
JANE B. MERRIIL
3021 EA8r 98th SnumT
Sum 220
INDwooous, INDIANA 46280
317-8#0106
FAX: 317-846-8782
September 27,2001
#'~\ \1:'::1"".
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~~~i_J_.-t;:/
Jeff Kendall
Deputy Building Commissioner
One Civic Square
Carmel, IN 46032
Re: Hunters Creek Rezone
Dear Jeff:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
c---
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\Janet\HiII, Brad\TAC Itr09270l.wpd
Q
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
A1TORNEYS-AT.lA W
JAMFSJ. NElSON
CIlARLES D. FRANKENBERGER
JAMES E. SlDNAVER
LAWRENCEJ. KEMPER
JOHN B. FIAIT
ofcouusel
JANE B. MERRRL
September 27,2001
Ron Farrand
Carmel/Clay Schools
5201 East 131 sl Street
Carmel, IN 46033
Re: Hunters Creek Rezone
Dear Ron:
Q
3021 EAsr 98th 9rREET
Sum 220
1Nowwous,1NDIANA 46280
317-844-0106
FAX: 317~
/J~...--\ ' 8~
~? \/L_-LJj ,:;~;,
\.,~:. ~'/
'-, , "'<
' ",' .... ,/ <,:,
:>,/ T g'
1 RECEIVED ~\
f~~;l OCT 1 2001 hi
"'::1 fL_-
.--, DOCS {-
<;:;~ <~:
'< /;~:'-.... A'-:::~'
"~/J3\j5JY
~--
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
c-----
Charles D. Frankenberger
CDF /jlw
Enclosures
H:\JaneIIHiII. Brad\TAC Itr09270l.wpd
u
NELSON,
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATfORNEYS-AT-LAW
, \
U
JAMESJ. NELSON
CHARLES D.FRANKENBERGER
JAMES E. SlDNA VER
IAWRENCE J. KEMPER
JOHN B. FLATT
ofcoUDSel
JANE B. MERRILL
3021 EAsr 98th Snmrr
Sum 220
OOIANAPOus, INDiANA 46280
317-844-0106
FAX: 317-846-8782
September 27, 2001
-:\\T;)T7~
~, \. ' -",:~! <:li"'-
/, 1//' ''''I "-
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f>/ f. "<~\
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~ DOCS J:-
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'''~::''~.:-..l....>~
L. Joe Cook
Hamilton County Sheriff's Department
18100 Cumberland Road
Noblesville, IN 46060
Re: Hunters Creek Rezone
Dear Joe:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north ofD.S. 31, on the
southwest corner of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17,2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
~~,
Charles D. Frankenberger
CDF /jlw
Enclosures
H:\JanetIHiII, Brad\TAC Itr09270l.wpd
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NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEY8-AT-lAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINAVER
lAWRENCE J. KEMPER
JOlIN B. FLATI
of counsel
JANE B. MERRILL
3021 EAsr 98th 9nulEr
Sum 220
1NDIANAPous, INDIANA 46280
317-844-0106
FAX: 317-846-8782
September 27,2001
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Steve Broermann
Hamilton County Engineering!
Hamilton County Highway
1717 East Pleasant Street
Noblesville, IN 46060
Re: Hunters Creek Rezone
Dear Steve:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest corner of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
e...-..
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\Janet\HiII, Brad\TAC Itr 092701.wpd
(L)
u
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS.AT.lA W
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHINA VER
IAWRENCE J. KEMPER
JOHN B. FlA1T
orc:oUDSel
JANE B. MERRILL
3021 EAsT 98th SIuln'
Sum 220
1ND1ANAPOus, INDIANA 4Q8C)
317-844-0106
FAX: 317-846-8782
September 27,2001
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Jay W. Alley
Clay Township Regional Waste District
P.O. Box 40638
Indianapolis, IN 46240
Re: Hunters Creek Rezone
Dear Jay:
Hunters Creek Office Park, together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20, 2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 2001. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON & FRANKENBERGER
c?<-.
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\Janel\HiII, Brad\TAC Itr 092701.wpd
~
o
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
A'ITORNEYS-AT-IA W
JAMESJ. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SlDNAVER
LAWRENCE J. KEMPER
JOlIN B. FIATI'
of counsel
JANE B. MERRILL
3021 EAsr 98th Srm:r
Sum 220
1Nowwous, INDIAM 46280
317-844-0106
FAX: 317-846-8782
September 27,2001
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Barry McNulty
Hamilton County Health Department
Hamilton County Judicial Center, Suite 30
Noblesville, IN 46060-2229
Re: Hunters Creek Rezone
Dear Barry:
Hunters Creek Office Park,. together with The Bretheren Conference of Indiana, have
requested the annexation and rezoning of approximately 5 acres, located north of U.S. 31, on the
southwest comer of Marana and Rohrer. It is shown on the enclosed photocopy of an aerial
photograph. Also enclosed are plans and drawings.
We have a public hearing before the Plan Commission on November 20,2001, and, to that
end, we will meet with the Technical Advisory Committee on October 17, 200 1. We look forward
to seeing you then and, in the interim, please do not hesitate to call with any questions or comments
you may have. Thank you.
Very truly yours,
NELSON& FRANKENBERGER
~~
Charles D. Frankenberger
CDF/jlw
Enclosures
H:\JaneIIHiII. Brad\T AC llr 09270l.wpd
",
",
'~,~~
r
A& F ENGINE~ING Co., LLC.
ENGINEERS Be PLANNERS
u
TRANSPORTATICN ENGINEERING STUDIES. TRAFFIC IMPACT ANALYSES
STREET DESIGN. HIGHWA,y DESIGN. TRAFFIC ENGINEERING
PARKING LOT DESIGN. TRANSPORTATION PLANNING STUDIES
CONSTRUCTION ENGINEERING. CONSTRUCTION OBSERVATION
PRESIDENT
REGISTRATION
INDIANA
ILLINOIS
IOWA
KENTUCKY
MICHIGAN
OHIO
WILLIAM J. FEHRIBACH, P.E.
STEVEN J. FEHRIBACH, P.E.
September 18, 2001
~ ~
srlJfCf/vtD
. cr 28 2001
DOCS ~'A
-I-~~ "
~;2l_~
VICE PRESIDENT
Mr. Bryan Nicol
Commissioner
Indiana Department of Transportation
100 N. Senate Avenue, Room N755
Indianapolis, IN 46204-2249
Re: Rohrer Road and U.S. 31, Carmel, Indiana
Dear Mr. Nicol:
Our client, Brad Hill is considering the construction of an office development on property
located at the southwest comer of Marana Drive and Rohrer Road near U.S. 31. A copy of the
proposed plan for the development is attached.
The City of Carmel has requested that we obtain a letter from the State indicating that the
proposed plan of development does not impact on the plans that the State of Indiana has for the
intersection of 1 36th Street and U.S. 31. We would appreciate it if you could advise us relating to
this.
We would appreciate receiving a reply as soon as possible.
Sincerely,
A&F Engineering Co., LLC
~J{c
Vice President
cc:
Mr. Mike Hollibaugh - Department of Community Services
Mr. Charlie Frankenberger - Nelson & Frankenberger, P.C.
AI
8425 KEYSTONE CROSSING, SUITE 200 - INDIANAPOLIS, INDIANA 46240 - TELEPHONE (317) 202-0864
FACSIMILE (317) 202-0908
q
NELSON
&
FRANKENBERGER
A PROFESSIONAL CORPORATION
ATIORNEYS-AT-LA W
I
U
JAMES J. NElSON
CHARLES D. FRANKENBERGER
JAMES Eo smNAVER
IAWRENCE J. KEMPER
JOHN B. FlATI
of counsel
JANE B. MERRILL
3021 EAsT 98th Snui:Er
Sum: 220
1NDIANAPous, INuJANA 46280
317-844-0106
FAX: 317-846-8782
September 21, 2001
Jon C. Dobosiewicz
Carmel Department of Community Services
One Civic Square
Carmel IN 46032
Re: Rezone and Annexation - 5 Acres - 136th Street and Rohrer Road
Dear Jon:
Enclosed is the Petition to Change the Zoning Classification of the real estate. I will soon
file the Owner's Consent and the Petition for Annexation.
It is my understanding that we will proceed according to the following schedule:
10/17/01
10/25/01
11/20/01
12/4/01
12/18/01
TAC
Mail and publish notice
Plan Commission
Committee
Plan Commission
It would be helpful to sit down and review with you the PUD Ordinance and the plans.
Please let me know if you have time in the next couple of weeks. Thanks.
;L\
Very truly yours,
NELSON & FRANKENBERGER
c~
Charles D. Frankenberger
CDF/jlw
Enclosure
H:\Janet\HiII, Brad\Dobosiewicz Itr 092101.wpd
~