HomeMy WebLinkAboutApplication Rezone to PUD
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Griffin, Matt L
Subject:
Griffin, Matt L
Friday, December 30, 2005 4:06 PM
DeVore, Laura B
'Bruce Sklare'; 'John Talbot'; JimS@NF-LAW.COM; 'Jim Shields'; Brennan, Kevin S; Brewer,
Scott I; Conn, Angelina V; Hancock, Ramona B; Hollibaugh, Mike P; Holmes, Christine B;
Keeling, Adrienne M; Littlejohn, David W; Morrissey, Phyllis G; Tingley, Connie S
Docket Nos. Assignment: (Z and DP/ADLS) Village Green PUD (05120026 Z and 05120027
DP/ADLS)
From:
Sent:
To:
Cc:
I have issued the necessary Docket Numbers for (Z and DP/ADLS) Village Green PUD. They are the following:
Docket No. 05120026 Z and 05120027 DP/ADLS: Village Green PUD
PUD Application Fee:
$103 per acre x 9.42
ADLS Application Fee:
DP Application Fee:
$103 per acre x 9.42:
Total Fee:
$2,500.00
$970.26
$ 772.50
$772.50
$970.26
$5,985.52
Docket No. 05120026 Z and 05120027 DP/ADLS: Village Green PUD
The applicant seeks to rezone 9.42 acres from R2IResidential to PUD/Planned Unit Development for the purpose of
creating 50 townhomes.
The site is located 211 W. Smokey Row Rd.
Filed by Jim Shinaver of Nelson and Frankenberger for Bay Development Co. and Drees Premiere Homes Inc.
Petitioner, please note the following:
1. These items will be on the January 18, 2006, agenda of the Technical Advisory Committee (lAC). Please
deliver plans to all T AC members by January 4, 2006, in order to be heard at the January T AC meeting.
2. Mailed and Published Public Notice needs to occur no later than Friday, January 27,2006. Published notice is
required within the Indianapolis Star.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than NOON, Friday, February 10, 2006. Failure to submit Informational Packets by
this time will result in the tabling of the petition to the March 21, 2006, agenda of the Plan Commission.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, February 17, 2006.
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
5. These items will appear on the February 21, 2006, agenda of the Plan Commission (under "Public Hearings").
6. These items will appear on the Tuesday, March 7, 2006, agenda of the Plan Commission Subdivision
Committee.
PETITIONER: refer to your instruction sheet for more detail.
Mr. Shinaver can be contacted at 317.844.0106 (fax 317.846.8782).
Thanks.
Matthew Griffin, AICP
Planning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel. IN 46032
P 317.571.2417
f 317.571.2426
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEUCLAY ZONING ORDINANCE
- REZONE APPLICATION -
Q.600 (pV D-='
) ~O plus $103.00 per acre
(pUD $2,500.00, plus $103.00 per acre)
Date:
Docket No.: Ceo 1'2..0020 ~ EW)
. Name of Applicant: Bay Development Corporation. Drees Premiere Homes. Inc. and their successors and
assigns - see attached Exhibit "B" "Applicant Contact Infonnation"
. Name of Owner:
John R. Koven
. Owner's Address:
14280 Oakbrook Court
. City, State, ZIP:
Cannel IN 46033
. Record of Ownership: Deed Book:
Page:
Purchase Date:
. Legal Description (Use additional page(s) if necessary): See attached Exhibit "A" "Legal Description"
Parcel No. 16-09-25-00-00-013.000.
. Common Address of Property Involved (or General Description ifno Address Exists):
211 Smokey Row Road West. Cannel IN 46032
. Proposed Zoning Change: From the R2 District to the Village Green PUD District..
. Statement of compliance with the Cannel/Clay Comprehensive Plan (use additional pages if necessary):
See attached Exhibit "C" "Comprehensive Plan Statement"
Revised 02/21/05
z:\shared\forms\PC application\rezone.app
H:llmld\Bay Development\Rezone App.doc
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AFFIDAVIT
(IIWe), being duly sworn, depose and say that (IIWe) (am/are) the (owner(s)) of Fifty Percent (50%) or more
of the property involved in this application and that the foregoing signatures, statements, and answers herein
contained and the information herewith submitted are in all respects true and correct to the best of (my or
our) knowledge and belief.
See attached Exhibit "D" "Owner Affidavit and Consent"
Signature (typed or printed)
The applicant, correspondent, or agent (if different from owner or owners)
See attached Exhibit "E" "Petitioner's Consent"
Name
Name
H:\bnuI\Bay Development\Rezone 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 ~tion, 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. INe.
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:lbradlbay Deve!opmentlAPPLlCANT CONTACT INFORMA TION.doc
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EXHIBIT
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CO~REHENSWEPLANSTATEMENT
The real estate that is the subject of the rezone request is currently zoned R-2 and the
Petitioner is seeking to reclassify the real estate as a Planned Unit Development District to
permit a residential townhome development. The Comprehensive Plan appears to designate the
real estate as low-intensity residential. However, according to the Comprehensive Plan, the real
estate also appears to be designated as an edge between residential community and community
regional employment area. Further, the area immediately north of the real estate appears to be
designated as high intensity regional commercial employment area. The Comprehensive Plan
further provides that high intensity residential development should be encouraged "along the
edge of residential community areas adjacent to high or medium intensity commercial areas".
Also, located to the north of the real estate is a parcel which was previously rezoned to the
Traditions on the Monon PUD, which also permits residential townhomes. Thus, the Petitioner's
request to reclassify the real estate to a residential PUD to permit a residential townhome
development is not inconsistent with the uses which are currently adjacent to the real estate.
Moreover, based on the current conditions and uses that surround the real estate, the Petitioner's
request provides an appropriate transition and is not necessarily inconsistent with the
Comprehensive Plan.
H:\brad\Bay Development\Comp plan stmtdoc
. 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.
Date: Decembe r r ,2005
Parcel No. 16-09-25-00-00-013.000
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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My Commission Expires:
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Jerry L. Ma.rch
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) 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 sllction. 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: I AI {~I 05
Bay De. velopment corporat~ion
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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.
Witness my hand and Notarial Seal this'r(\lay of
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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: flt1ARION
H:\brad\Bay DevclopmentlPctitioncr'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 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 ~on, 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 ofthe Approvals.
Date: 12 J ~ 1 J 0 5
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Drees pr$' Inc. ,
By:
John W. Talbot
Land Acquisition and Development
Manager of Drees Premiere Homes, Inc.
Parcel No. 16-09-25-00-00-013.000
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STATE OF
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COUNTY OF
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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 of this Petitioner's Consent and Joinder in Petitions.
County of Residence:
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Witness my hand and Notarial Seal this 011 ~day of 1)Q.C1?-mb2.r ,2002
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Notary Public J
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Printed N ame=J
My Commission Expires:
~ 1-03--00
H:\brad\Bay DevelopmentlPetitioner'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, Rang~
three (3) East, described as follows: .
. .
BEGIN at the northwest comer of the east half of the northeast quarter of said section 25, nm. 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 s~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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Bay Development Rezone JES/LJK
12/23/05 -- Filing Deadline Rezone, ADLS & DP Application
01/02/06 -- T AC Submittal (by engineers)
01/18/06 -- TAC Meeting during Business Hours
01/25/06 -- None Deadline to E-mail Notice to Indianapolis star
01/27/06 -- Deadline to Publish Notice and Mail Certified Notice of Hearing
02/10/06 -- Noon Deadline to Submit Proof of Mailing and Publication and
Informational Brochures to Planning Staff
02/21/06 -- 6:00 p.m. Plan Commission Meeting (18t)
03/07/06 -- *6:00 p.m. Plan Commission Committee Meeting
03/10/06 -- Noon Revised Plan Commission Brochures due to Staff
03/21/06 -- Plan Commission Meeting (2nd -- Final Vote on ADLS & DP Application
and Final Vote of Rezone Recommendation to Council)
03/22/06 -- Noon Deadline to send Notice of Publication to Noblesville Ledger
04/03/06 -- 6:00 p.m. Public Hearing before City Council (181)
04/13/06 -- *5:30 p.m. Council Land Use Annexation Committee Meeting
04/17/06 -- 6:00 p.m. Council Meeting (2nd Meeting for Final Vote on Rezone)
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~ NELSON U
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FRANKENBERGER
A PROFESSIONAL CORPORATION
ATTORNEYS-AT-LAW
JAMES J. NELSON
CHARLES D. FRANKENBERGER
JAMES E. SHlNAVER
LAWRENCE J. KEMPER
JOHN B. FLATr
FREDRIC LAWRENCE
DAVID J. LICHTENBERGER
of counsel
JANE B. MERRILL
VIA HAND DELIVERY
Matt Griffin
City of Cannel
3105 EASr 98TH STREET
SUITE 170
INDIANAPOU5, INDIANA 46280
317-844-0106
FAX: 317-846-8782
www.nf-Iaw.com
December 27,2005
RE: Bay Development Corporation - Drees Premier Homes, Inc.
Request to Rezone Real Estate
and Request for ADLS and Development Plan Approval
Dear Matt,
Enclosed please find the following:
1. A Rezone Application;
2. A Development Plan Application;
3. An ADLS Application;
4. . A Primary Plat Application;
5. Legal Description;
6. Original Owner and Petitioner's Consents;
7. Traffic Operations Analysis;
8. Woodland Analysis; and
9. Proposed Schedule.
After you have reviewed the enclosures and the proposed schedule, please assign a
docket number and advise me of the filing fee. Also, please be sure that this matter is placed on
the next T AC agenda for consideration and review. Thank you for your assistance and contact
me should you have any questions. Thank you.
JES/kat
Enclosure
H:\brad\Bay Development\Griffin Itr 122705.doc
Very truly yours,
NELSON & FRANKENBERGER, P.C.
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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: December r ,2005
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COUNTY OF HAMI LTON
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STATE OF INDIANA
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.
My Commission Expires:
2/23/2008
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9f.A. day of December ,2005.
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Notary Public
Witness my hand and Notarial Seal this
County of Residence:
Marion
Jerry L. MArch
Printed Name
2
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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 a~ong the north line of said quarter ~on, 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 describe" 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: I d--/ {'J--I 05
Bay Development Corporationb 4 _
By:~(4~
Bruce T. Sklare
l2{t9\1\~
Parcel No. 16-09-25-00-00-013.000
"
~
~
.
STATE OF
)
) SS:
)
COUNTY 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.
Witness my hand and Notarial Seal this
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I ,-' aay of -.J.-P (. e VY\iogA , fOO ~-
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bltc -
My Commission Expires:
County of Residence:
SANDRA A. RICE. Notary Public
My Commission Expires Jan. 02. 2013
County of Residence: MARION
Printed Name
H:\brad\Bay Development\Petitioner's Consent.doc
2
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, 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.
~x A
;..
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:
1?-/').1/05
l t
Drees Pr~, Inc. .
By:
John W. Talbot
Land Acquisition and Development
Manager of Drees Premiere Homes, Inc.
I ~
, tJcf\~
Parcel No. 16-09-25-00-00-013.000
~
At 4
STATE OF :r^-ri.~~
COUNTY OF M. ..,; (fi\.
)
) SS:
)
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 of this Petitioner's Consent and Joinder in Petitions.
My COIpmission Expires:
~ {-03-00
Witness my hand and Notarial Seal this d I ~ay of UQ.c.e.mbzr ,2005
~((flU :)~
Notary Public J
\/jC~ L. ~ Jrm:AJ~
Printed Na-me::J -
County of Residence:
fY1a.r, DtJ
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.-
--
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H:lbradlBay DevelopmentlPetitioner's Consent - Drees.doc
2
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 ~e. of said quarter section;
thence west along the north line of said quarter ~on, 456.8 feet to the place of beginning.
Containing 9.00 acres, inore or less in Clay Township of Hamilton County, Indiana.
fA- A