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DEVELOPMENT PLAN
APPLICATION (Amendment)
Fee: $772.50 plus $103.00 per acre ($772.50 plus $103.00 per acre)
DOCKET NO.:O 7\2...0 0'2.., t:> ~pl....S
_ Preliminary
Final
_ Amended or Changed
Public Hearing Required
Received By/Date
Checked By
Name of
Project:
Village Green PUD Townhomes
Project
Address: 211 Smokey Row Road West. CarmellN 46032
Legal
Description: (To be typewritten on separate sheet and attached) - See attached Exhibit "A"
"Lee:al Description"
Name of
Applicant: Bay Development Corporation. Drees Premiere Homes. Inc. and their successors and
assigns
Address: See attached Exhibit "8" "Applicant Contact Information"
Contact Person: James E. Shinaver. Nelson & Frankenberger Telephone:
0106
(317)
844-
Fax No. (317) 846-8782
E-Mail: iims@nf-Iaw.com
Name of
Landowner: John R. Koven
Telephone: N/A
Address:
14280 Oakbrook Court. CarmellN 46032
Plot Size:
approximately 9 acres
Zoning Classification: R-2
Present Use
of Property:
Residential
Proposed Use
of Property: Village Green Planned Unit Development Ordinance permitting residential
townhome development.
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NOTE: This application must be filed in duplicate and accompanied by: a) Two (2) copies of the
development plan which the applicant will be responsible for distribution among T AC
members; b) All necessary supporting materials.
The undersigned agrees that any construction, reconstruction, enlargement, relocation
or alteration of structures, or any change in the use of land or structures requested by
this application will comply with, and conform to all applicable laws of the State of
Indiana and the zoning ordinance of Carmel, Indiana, adopted under the authority of
Acts of 1979, Public Law 178, Sec. 1, et seq., General Assembly of the State of
Indiana, and all Acts amendatory thereto.
Signed: See Attached Exhibit "C". Owner Consents
Owner Agent
See Attached Exhibit "D". Petitioner's Consents
(Typed) (Typed)
z:\shared\fonns\PC applications\devplan.app
Rev. January 4, 2005
H:\brad\Bay DevelopmentlDevelopment Plan Amendment App.doc
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FINDINGS OF FACT FORM
DEVELOPMENT PLAN CONSIDERATION
Carmel Plan Commission
Carmel, Indiana
DOCKET NO.
DP
NAME OF PROJECT: Village Green PUD Townhomes
PETITIONER:
Bay Develooment Corporation. Drees Premiere Homes. Inc.. and their
successors and assigns
Based upon all the evidence presented by the Petitioner and upon the Department
Report of the Department of Community Services, dated, we determine that the
Development Plan complies with the Standards set forth in the Carmel/Clay Zoning
Ordinance.
We hereby approve the Development Plan as submitted with the following specific
conditions as agreed to by the petitioner.
Condition 1.
Condition 2.
We hereby disapprove of the Development Plan as submitted for the following
reasons:
1.
2.
3.
DATED THIS
DAY OF
, 2006.
Commission Member
H:\brad\Bay DevelopmeotlDevelopment Plan Amendment App.doc
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LEGAL DESCRIPTION
KOVEN PROPERTY
Smokey Row Road
A part of the east half of the northeast quarter of section twenty-five (25) Township eighteen (18) North, Range
three (3) East, described as follows: . .
BEGIN at the northwest comer of the east half of the northeast quarter of said section 25, run south on the west line
of said east half 847 feet to a stone marked T, thence east on line parallel with the north line of said quarter section
468.93 feet to the west right-of-way line of the Louisville, New Albany and Chicago Railroad (Monon); thence
northwesterly along said right-of~way line 847.3 feet to the intersection of the north lin,e of said quarter section;
thence west ~ong the north line of said quarter ~ction, 456.8 feet to the place of beginning.
Containing 9.00 acres, inore or less in Clay Township of Hamilton County, Indiana.
EXHIBIT
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APPLICANT CONTACT INFORMATION
BAY DEVELOPMENT CORPORATION
Attn:
Phone:
Fax:
E-mail:
Bruce Sklare
10415 North College Avenue
Indianapolis IN 46280
844-8844
844- 7360
bsklare@sbcglobal.net
DREES PREMIERE HOMES. INC.
Attn:
Phone:
Fax:
E-mail:
John Talbott
6650 Telecom Drive, #200
Indianapolis IN 46278
557-3200
347-7318
i talbott@dreeshomes.com
NELSON & FRANKENBERGER
Attn:
Phone:
Fax:
E-mail:
James E. Shinaver
3105 East 98th Street, Suite 170
Indianapolis IN 46280
844-0106
846-8782
iims@nf-Iaw.com
WEIHE ENGINEERS
Attn:
Phone:
Fax:
E-mail:
Jim Shields
10505 North College Avenue
Indianapolis IN 46280
846-6611
843-0546
shieldsj@weihe.net
H:\brad\bay Development\APPLlCANT CONTACT INFORMA TION.doc
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EXHIBIT
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OWNER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the owner of the real estate described in what is attached hereto
and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorize and
directs Bay Development Corporation ("Bay Development''), along with its employees,
engineers, land planners, attorneys, and appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Bay Development with respect to
the Real Estate including, without limitation, (i) approvals of changes in zoning
classification or rezones to a Planned Unit Development Ordinance necessary to permit
the development of the Real Estate for a residential townhome development, the terms
and conditions of which shall be determined by Bay Development's discretion, and (ii)
all additional approvals needed for the use and development of the Real Estate including,
without limitation, any and all approvals and permits required by the City of Carmel
and/or the Zoning Ordinance for the City of Carmel and deemed necessary by Bay
Development to develop the Real Estate (collectively the "Approvals"); and
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Common Council, City of Carmel Plan Commission, City of Carmel Board of Zoning
Appeals, City of Carmel Board of Public Works, Department of Community Services,
and any other agency, and any other municipal or State agencies, and to file, for and on
behalf of the undersigned, all applications and petitions deemed necessary by Bay
Development to obtain the Approvals.
3. The undersigned, being duly sworn, depose and say that he is the owner of the Real
Estate and that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted are in all respects true and correct to the best of the
undersigned's knowledge and belief.
Further to this Owner's Consent and Joinder in Petitions, the undersigned acknowledge
that this Owner's Consent and Joinder in Petitions shall constitute the execution by the
undersigned of all such Petitions filed by Bay Development, now or in the future, in furtherance
of the Approvals.
Parcel No. 16-09-25-00-00-013.000
Date: Decembe r r ' 2005
EXHIBIT
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STATE OF INDIANA
. COUNTY OF HAMILTON
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)
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared John r. Koven, who acknowledged execution of this Owner's Consent and Joinder in
Petitions.
County of Residence:
Marion
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'1f...l day of December ,2006.
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Notary Public
Witness my hand and Notarial Seal this
My Commission Expires:
2/23/2008
Jerry L. March
Printed Name
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LEGAL DESCRIPTION
KOVEN PROPERTY
Smokey Row Road
A part of the east half of the northeast quarter of section twenty-five (25) Township eighteen (18) N orth, Rang~
three (3) East, described as follows; ,
. '
BEGIN at the northwest comer of the east half of the northeast quarter of said section 25, run south on the west line
of said east half 847 feet to a stone marked T, thence east on line parallel with the north line of said quarter section
468.93 feet to the west right-of-way line of the Louisville, New Albany and Chicago Railroad (Monon); thence
northwesterly along said right-of~way line 847.3 feet to the intersection of the north lin,e, of said quarter section;
thence west ~ong the north line of said quarter ~ction, 456.8 feet to the place of beginning. '
Containing 9.00 acres, inore or less in Clay Township of Hamilton County, Indiana..
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PETITIONER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the petitioner of the real estate described in what is attached
hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorizes
and directs Nelson & Frankenberger, along with its employees, engineers, land planners, and
appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Bay Development Corporation
("Bay Development") with respect to the Real Estate including, without limitation, (i)
approvals of changes in zoning classification or rezones to a Planned Unit Development
Ordinance necessary to permit the development of the Real Estate for a residential
townhome development, the terms and conditions of which shall be determined by Bay
Development's discretion, and (ii) all additional approvals needed for the use and
development of the Real Estate including, without limitation, any and all approvals and
permits required by the City of Carmel and/or the Zoning Ordinance for the City of
Carmel and deemed necessary by Bay Development to develop the Real Estate
(collectively the "Approvals");
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Common Council, City of Carmel Plan Commission, City of Carmel Board of Zoning
Appeals, City of Carmel Board of Public Works, City of Carmel Department of
Community Services, and any other agency, and any other municipal or State agencies,
and to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Bay Development to obtain the Approvals; and
3. The undersigned, being duly sworn, depose and say that he is the petitioner in regard to
the Real Estate, and that the foregoing signatures, statements, and answers herein
contained, and the information herewith submitted, are in all respects true and correct to
the best of the undersigned's knowledge and belief.
Further to this Petitioner's Consent and Joinder in Petitions, the undersigned
acknowledge that this Petitioner's Consent and Joinder in Petitions shall constitute the execution
by the undersigned of all such Petitions filed by Bay Development, now or in the future, in
furtherance of the Approvals.
Date: 1)...,1 { ^ I 05
Bay ~IOpment Corporation~ .
By:/'~T/7~
Bruce T. Sklare
Parcel No. 16-09-25-00-00-013.000
. EXHIBIT
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COUNTY OF
)
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)
STATE OF
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Bruce T. Sklare on behalf of Bay Development Corporation, who acknowledged
execution of this Petitioner's Consent and Joinder in Petitions.
--ll-....-'-
Witness my hand and Notarial Seal this ~ ,>, . aay of
My Commission Expires:
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County of Residence:
Printed Name
SANDRA A. RICE. Notar'l Public
My Commission Expires Jan. 02. 2013
County of Residence: MARION
H:\bradIBay DevelopmentlPetitioner's Consent. doc
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LEGAL DESCRIPTION
. KOVEN PROPERTY
Smokey Row Road
A part of the east half of the northeast quarter of section twenty-five (25) Township eighteen (18) North, Range
three (3) East, described as follows: . .
. .
BEGIN at the northwest comer of the east half of the northeast quarter of said section 25, run south on the west line
of said east half 847 feet to a stone marked T, thence east on line parallel withthe north line of said quarter section
468.93 feet to the west right-of-way line of the Louisville, New Albany and Chicago Railroad (Monon); thence
northwesterly along said right-of~way line 847.3 feet to the intersection of the north lin,e. of said quarter section;
thence west ~ong the north line of said quarter ~ction, 456.8 feet to the place of beginning. .
Containing 9.00 acres, inore or less in Clay Township of Hamilton County, Indiana.
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PETITIONER'S CONSENT AND JOINDER IN PETITIONS
The undersigned, being the petitioner of the real estate described in what is attached
hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate") hereby authorizes
and directs Nelson & Frankenberger, along with its employees, engineers, land planners, and
appointed agents, as follows:
1. To file, for and on behalf of the undersigned, any and all applications and petitions
necessary to obtain all approvals deemed necessary by Bay Development Corporation
("Bay Development") with respect to the Real Estate including, without limitation, (i)
approvals of changes in zoning classification or rezones to a Planned Unit Development
Ordinance necessary to permit the development of the Real Estate for a residential
townhome development, the terms and conditions of which shall be determined by Bay
Development's discretion, and (ii) all additional approvals needed for the use and
development of the Real Estate including, without limitation, any and all approvals and
permits required by the City of Carmel and/or the Zoning Ordinance for the City of
Carmel and deemed necessary by Bay Development to develop the Real Estate
(collectively the" Approvals");
2. To represent the undersigned in connection with the Approvals, before the City of Carmel
Common Council, City of Carmel Plan Commission, City of Carmel Board of Zoning
Appeals, City of Carmel Board of Public Works, City of Carmel Department of
Community Services, and any other agency, and any other municipal or State agencies,
and to file, for and on behalf of the undersigned, all applications and petitions deemed
necessary by Bay Development to obtain the Approvals; and
3. The undersigned, being duly sworn, depose and say that it is the petitioner in regard to
the Real Estate, and that the foregoing signatures, statements, and answers herein
contained, and the information herewith submitted, are in all respects true and correct to
the best of the undersigned's knowledge and belief.
Further to this Petitioner's Consent and Joinder in Petitions, the undersigned
acknowledge that this Petitioner's Consent and Joinder in Petitions shall constitute the execution
by the undersigned of all such Petitions filed by Drees Premiere Homes, Inc., now or in the
future, in furtherance of the Approvals.
Date:
I?J~JJ05
t t
Drees prN, Inc. .
By:
John W. Talbot
Land Acquisition and Development
Manager of Drees Premiere Homes, Inc.
Parcel No. 16-09-25-00-00-013.000
EXHIBIT
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STATEOF T",-i~~
COUNTY OF M. "r~ rf-I\-
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Before me the undersigned, a Notary Public in and for said County and State, personally
appeared John W. Talbot, Land Acquisition and Development Manager of Drees Premiere
Homes, Inc., who acknowledged execution ofthis Petitioner's Consent and Joinder in Petitions.
My Commission Expires:
~ 1-03--0(0
" ~r
Witness my hand and Notarial Seal this d /=---day of IJO-c.e.mk:v;r ,2002
--1~1 ::>~
Notary Public J
\)iC'Lw l_. J-~/rYnJJN
Printed Name::J
County of Residence:
rY10..x'\ Dt0
H:lbradlBay DeveJopmentlPetitioner's Consent - Drees.doc
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LEGAL DESCRIPTION
KOVEN PROPERTY
Smokey Row Road
A part of the east half of the northeast quarter of section twenty-five (25) Township eighteen (18) North, Range
three (3) East, described as follows; , .
. .
BEGIN at the northwest comer of the east half of the northeast quarter of said section 25, run south on the west line
of said east half 847 feet to a stone marked T, thence east on line parallel with the north line of said quarter section
468.93 feet to the west right-of-way line of the Louisville, New Albany and Chicago Railroad (Monon); thence
northwesterly along said right-of~way line 847.3 feet to the intersection of the north lin,e. of said quarter section;
thence west ~ong the north line of said quarter ~ction, 456.8 feet to the place of beginning.
Containing 9.00 acres, more or less in Clay Township of Hamilton County, Indiana.
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