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Home My WebLink AboutCorrespondence cO Feb. 8,2002 11923 Forest Dr. Carme~ IN 46033 317-571-0394 ./\~LI]fJjj>-~. ~c \?' ~.f..L~, "0.'/- ~ '1,\:" ~ff FERBfCEIVED ~\ -. 202002 F) Z~ DOCS t: \/)~ ~~ ~ / \ <e\ Dept. of Community Services Carmel, IN Dear Members; Please rezone Brookshire Golf Course as park land. The commitment to quality of life this community has shown in preserving and acquiring green space is one compelling reason my husband and I purchased a home here last year. I am a wife, mother, organic gardener, good cook, musician, and did I mention published poet; consequently, quality of life is important to me too. Green space is important. Not only does it increase the property values in and the desirability of a community; but it improves the general health of the residents. These views seem to be widely held here in Carmel. Now to be fair, I must add that I live on Cool Creek adjacent to the Golf Course. Allowing Mr Rao time to negotiate a bargain-basement price for this property is not in my best interest either. Looking out my back window, I can tell you that land really is low flood plain. That means Mr. Rao will have, God only knows how many, triaxle dump-trucks (loaded to the top with fill dirt) rumbling down our roads, to raise the elevation. Which brings me to Cool Creek, and the destruction of wildlife habitat along the creek, once it becomes little more than a drainage ditch to carry away the nitrate runoff from another housing development. Sincerely, Marita Hall Jj t/l}~ vfi->>' J- u u . e HEMLER LAW GROUP :~.., A PROFESSIONAL CORPORATION 4200 NORTHSIDE PARKWAY BUILDING ONE, SUITE 200 NORTH PARKWAY SQUARE ATLANTA, GEORGIA 30327 ALBERT N. REMLER, p.e. TELEPHONE: (404) 365 - 6565 FACSIMILE: (404) 237-2150 WEBSITE: www.remlerlawgroup.com January 15,2002 Carmel Plan Commission City Hall Chambers I Civic Square Carmel, Indiana 46032 Via: Certified Mail 7000167000387486496 Return Receipt Request ~I~ . \. \ W::LLJ 71 ,;,;:;;;y.'- ,~ '-;/ V (.~I ~ ~~ ,-=f RE~ '( !-d JAN f' ,...""\ .II 200." \ ',- , ""- ~ \ . ~ .- ,~'/'~:7 . "'-. I '<G3:' " ffy' J~y ; r-~-'.-r""("\. ~:;;: .'1! i ! ~r'l \ \....// "-...i__~":''::;.~~___'' RE: DOCKET 01-02 Z BROOKSHIRE GOLF CLUB OWNER: A-Z GOLF CLUB, IN, LLC OUR FILE: 01295.01105 Dear Gentlepersons, Please be advised that this law firm, and particularly the undersigned, represents A-Z Golf Club, IN, LLC, the owner of the Brookshire Golf Club, which property is the subject matter of your above captioned docket number. Further, it is our understanding that a re-zoning hearing thereon is scheduled for 7:00 p.m. this date. Unfortunately, we were just advised of this hearing and have not yet retained local counsel. Further, we do not know of the person or entity who filed a re-zoning application, as most certainly such application was not filed by our Client, the owner of the property in question. From our preliminary understanding of this matter, it also appears that in essence this attempted re-zoning constitutes spot re-zoning with the only property subject to the application being our Client's property, and not the surrounding area. Please accept this letter as our Client's clear and unambiguous objection to re-zoning its property from the present residential zoning to a parks and recreation zoning. Such are-zoning will adversely effect the value of our Client's property, as well as impact on the ability to obtain commercial loans thereon. Further, the attempted re-zoning most certainly violates the taking clause ofthe United States Constitution. Unfortunately, at this juncture, local Indiana counsel has not been retained, and consequently, we cannot at this time respond to procedural matters. Should your commission proceed with the re-zoning of our Client's property, please understand that our Client will have no alternative other than to pursue vigorous legal action against the city and the commission to the maximum extent provided by law. It is axiomatic that our Client not idly stand by and allow the contemplated re-zoning, which in effect will greatly impact the value of our Client's property and therefore, at a minium, constitute apartial taking in the nature of condemnation. ' - w u ~ ~~ Carmel Plan Commission January 15,2002 Page 2 In closing, please be fully advised that our Client will not idly suffer a financial loss via the re-zoning proposal, and consequently, will defend its property rights and use all avenues and methods to contest the pending application, including litigation. I also suggest the advisability of your city attorney contacting us at your earliest convemence. cc: AZ Golf Club, IN, LLC in care of: Majors Golf Group, Inc. 77-2 Market Street Salem, NJ 08079 Mail & Fax: 856-339-9783 cc: Mr. Allen Eoff, Manager Brookshire Golf Club Fax: 317-846-9980 I ! U ~(l-cOK ~ H I pC u -f) 1- 0'2.-7- ~ I /15'/02.. -- --- j:~. Wfn~ (O~~ . .~,',' I I t1 OLLl Au f)"t"I I. ~~ II' ~~ 11:)3 . j, i' , , , '"Tb~ ~I.-A i, I 11 i !: ~. \ I: rv !' L - c.. rl - !, 11 ~~6l\,,~ ~PPO.s m1:)W ~ CFF - ftl'L 6b ue,. ~w..".:) 7,~ ~ b.r1b RS~ - I, i --s-pcrr ttE~\~ ~ err .5.J.l/1ADU#Jb.IIoJC I Ab."", s"y I M/>~.$ ~llJ.y J~U.s€. .~ 1K-7!Q,J ~/l>""~! - ""I~ 6~ 1M. ~ '-P4.. ,. r etlliv.t!~ U .- .' /(~/o"L. -Q.1l & gl-r.~~A~ Gvf.k.1C- ~ ~_~f.tJ~ ~ rj~ ~ VGoiC- ....." 1Cd w.-.. c:.c:::. "- - ~ "N~'tJ t\0l€:. f.1c)~'! I - ";1~. v,~~ .......... '1111 ~ - jl)k~ @LF ~~ ~&4.Q_N~ 6-2: /JUn;t FoR.~~ ~C:>~~ ~ft} A4.... 0# ":- - ~JE:~ UN..~~~Q ~ I - ~b.;:._.s._1?~~ Q..\)~ " ~1l- .s~_-=:b~~~~ I c : . ~ ~ \...\".. '( ~un..a. , ..... ..1 w\. '-'-' c..&:r~_I!k...~GJ.u~~ ! . ,l~ . \..;-tnSaL ~~~..~ , I - 0 ~ U ~_ ~P-O.R..."'(-!- - I ~----- ". ~6~~LI21~ I - j.~.,...."," :f~_fii~~~ ~hEv~o'-~1C. -. I 1 . .... ~"'9~E-&...~~~ -/r:ldt~ J'lQE:_ I .e. .. '7 _ _'~E. ~ i l-!-~ ~~.... - "c..Jl~ c....~.sL$_~ G 0 ~L._~fo.J----C.....p.-1- J I - ~~11<W_C>l.:L~.Jl.S!!::!CL~~k!..~ II .."-" C1>WlI.!l "~~!J!.C.II!irJiliUS.f'::::' ~ ~_OH~ ~ - ~~\I c.."l\t:>~ l~ VAc-ve J~I!:!C-l:>L.i.71,.re nClhi. II I .. .. u U G>~K-~~l~ 0/-02-2 1/tS-/6~ ... - -, -.-:.. /lJa ~/~~..~ --..ll) "vi : 11... .s: L.. """. "11t D~,.J~ C> '~~~ . -~f\ - c..o""" ~ ClIo..,::) A-r -~s ? , - w~ ~(O; """1 ~~ '="-" 'W'b6l\ ~_c..ou",1lL..,.. ~'ue ,. ~ I - L... ~ - c...-ou ~ FtWl>f.A~ - LEo t&lt.-~ ~ I~ .r (j 0 .. g~"'-'~ 01- ot. 1.. J -- ~ '" S ~fGc:> ~'- P--c.. - ""~--'"-"""------- -- -NC>-n.~ /!or 0,.;) ~j)L.~~J;rl&$.s__ ...,,-----_. ~CM~ , (l. \) \.. E. l~ o_v..~~~5~-~ . \2-- ~ ~ (t~ . i ~~ . L-~ - ------..=---~ . - lL--~ 'P 0$1 'TlVJt:, - Tb '&0 """"l- "--. .. ~"e~ - - - -- -""--,:><'~- I -""'-'~---- ,- , "'",,"'--."-- .. - ;:~,,~==-<.. .-=-.......,." . .-....... =<"'o.~'- ;. ~ . ,,~~---~-.._-=--~.~.=---'" I ~ ...., ~ ---~ -=----;.-- I - I I ~ -- = - ; //J/d"L I ----~ .---- --'--1 I ~-~._--_.- . -----'-'-1 I -------------------l i ~.___.____.~~___J . I -------.l --~---",-_._--_.--: i -----1 =----~--I ] ] I I I I .~--.-.-----1 ~______~_____ .1 --~._--_.~ ... . ---1 I -~---! JAN-15-2002 14:22 REMLER LAW GROUP q~"'c!..H"'C:l"l!l t',t:lC:::I't:I.) u U HEMLER LAW GROUP 6 t..'."r~ eOlll'Oti.'I'lcm b: DOCKET 01-02 Z BROOKSHIRE GoLF Cf,.UB OWNERl A-Z GOLF CLUB, IN, LLC OUR FILE: 01295.01/05 ALlllItT N. llBWL1!:B. P.C. TBuPKon:' (404J &e~. e~Cl(J ,....c:snuu: t404l 4lD'7.0150 WJIlBtlRE:\S1 ~rr;e!~p.e0Jl\ \ 1-,--, II' ',- /. ."_ - I..... January 15, 2002 -liS'>" - .. '. I . ::\. !-:/ T " ,\ Via: Certified ~1 7000 fiYo oo~~,eY.fD \j), ReturnRecelptRe~~st 0 t'S'1NIl '~--'i 'f'::-\ oes r) 'v'^ '<""I' "Q~' ' ./ .....:: ,,-........ , c_. / '; ,,"\ '-. / '...J /0,o.-------<;;; \ )/ .....~~~ ------------- ~- - "(_OJ.- l- 4200 NOBrHIZDZ pAJ1J(WO...'t ."'UU:I!l'O ONE, StrITE 800 NOaTH Pb.BKW~ Sq~.AfI. ~ ozoBOJA ~oa&'7 Cannel Plan COmnU$sion City Hall Chambers 1 Civic Square Carmel, Indiana 46032 Dear Qentlepersons, Please be advised that, this law firm, and particularly the undersigned. represents A-Z Qolf Club, IN, LtC, the owner of the Brookshire Golf Clubt which property is the subjeot matter of your above captioned docket number. Further, it Is our understanding that a fe-zoning hearing thereon is scheduled for 7:00 p.m. this date. Unfortunately, we were just advised of this hearing and have Dot yet retained local counsel. Further, we do not know of the person or en~ty who filed a re.zoning application. as most certail11y such application was not filed by our Client, the owner of the property in question. From our preliminary understanding of this matter, it also appears that in essence this attempted re-zoning constitutes spot re.zoning with the only properly subject to the application beiDi out' Client's property, and not the surrounding area. Please accept this letter as our Client~s clear and unambiguous objeotion to re-zoning iu property from the present residential zoning to a parks and recreation zoning. Such a fe-zoning will adversely effect the value of our Client's property. as well as impact on the ability to obtain commercial loans thereon. Furthert the attempted re-zoning most certainly violates the taking clause of the United States Constitution. Unfortunately, at this juncture, 10ea1 Indiana counsel has not been retained, and consequently, we cannot at this time respond to procedural matters. Should your commission proceed with the re-zoning of our Client's property, please understand that our Client will have no alternative other than to pursue vigorous legal action against the city and the commission to the maximum extent provided by law. It is axiomatic that ~ur Client not idly stand by and aUow the contemplated re.zoning, which in effect will greatly impact the value of our Client's property and therefore, at a miniurn~ constitute a partial taking in the nature of condemoation. JAN-15-2002 14;23 REMLER LAW L UUh' • . Carmel Plan Commission January 15,2002 t, Page 2 In closing, please be fully advised that our Client will not idly suffer a financial loss via the re-zoning proposal,and consequently,will defend its property rights and use all avenues and methods to contest the pending application,including litigation. I also suggest the advisability of your city attorney contacting us at your earliest convenience. • r, , ji Al. .Rernler, .C. For the Firm cc: AZ Golf Club,IN,LLC Mail&Fax: 856-339-9783 in care of: Majors Golf Group,Inc. 77-2 Market Street Salem,NJ 08079 Cc: Mr. Allen Loff,Manager Fax: 317-896-9980 Brookshire Golf Club TOTAL P.03 FA~ To'1i<AMoNA tiANcacK.Q (3 (1) l;-1 f - ~4ll6 p.l pA6e I o+-( Jan 08 02 10:45a To: Carmel Plan Commission 1/8/02 From: Joseph R. Fuller Subj: Plan Commission mtg. Jan. lSda regarding rezoning Residence land to Parks land northwest of Gray Road I am in Florida until April3rd and received a FAX of your public bearing scheduled for Jan. 15th. I will be unable to attend this meeting. I therefore am appointing my neighbor, Glenn Roberts (lot 24, Eden Forest) to speak for me. Ladies and Gentlemen: I strongly oppose this rezoning proposal. I have lived at my residence (lot 25) for over thirty years and originally purchased it for its natural beauty which includes trees and Cool Creek which nms through my property. I have already graciously allowed the city to run a huge drain pipe onto my property and dump the storm water from the neighborhood West of me onto my property. I have had enough encroachment from the city of Carmel. I do not want to lose any of my property for any reason whatsoever. I also do not want trash and trespassers on my property, which will occur if it is rezoned. In addition to this, I would also suffer considerable loss of property value. Sincerely, ~ ;,-#yrA /(JJ // Joseph R. Fuller ./ ~ 11935 Forest Dr. Carmel, IN 46033 Lot #25 Eden Forest . , '\ It W,,~: \ ~W,,~: ~l \~~ \- \ ~~\\ OOCr:, jt;; /~, .' ~!J / 11'}-,"/'(('0. \.,(>y ~Pl.~ .w o CITY OF CARMEL Department of Community SetVices One Clvlc Square Carmel, IN 40032 (317) 571-2417 Fax: (317) 571-2426 Fax To: N~ ~~ From: ~~ Fax: S~~ -CD~l~ Pages: f( Phone: Date: 1- ~~8--. Re: ~'-- ~ eel o Urgent o For Review 0 P.Jease Comment 0 Please Reply D Please Recycle u u CITY OF CARMEL Department of Community Seevices One Civic Sctuare Carmel, IN 40032 (317) 571.2417 Fax: (317) 571.2426 Fax To: ~.p., ,., _} ~~,..> S'18-~~~u (P~IS- From: d~-=- ~ '\&--...s ~~ Fax: Pages: '1 Phone: Date: I-~-O;L Re: L~~ ~ CC: o Urgent o For Review 0 Please Comment 0 Please Reply o Please Recycle ~ ,-"c::..~ ~ ~,c;.~ ~~ \I~}~.;l.. ~-~~ OL \fJO::l- ~ ~ \ ~'- c..... \,..~ c:::. I-- ..-.,. c.,., "^ "" '" N · "' 1 c:::::.~ ~ \ C-AE ~. CQ~'1;"""'"""," "-"l€.. IF ~ Q~, ,. I 0 rS.. ~_ \ ~ ~ c::::. I ~ ~~. ~ ~ ~ "--.. ltslU) 5~ '1L- -s; 7 I -:;>..~ L f) C' Dobosiewicz, Jon C From: Sent: To: Cc: Subject: Hollibaugh, Mike P Friday, December 21, 2001 10:00 AM Dobosiewicz, Jon C 'John Molitor (E-mail)'; Morrissey, Phyllis G; Tingley, Connie S RE: Brookshire Golf-Club FYI we should be receiving the certified property info from Hamilton County by the end of next week. they will provide both hard copy certification, and electronic adjoiner info which they will email (to Connie). At this point, are we in agreement that we are shooting for the January 15 regular meeting? thanks -----Original Message- From: Dobosiewicz, Jon C Sent: Monday, December 17, 2001 9:24 AM To: Hollibaugh, Mike P Cc: 'John Molitor (E-mail)'; Morrissey, Phyllis G Subject: RE: Brookshire Golf Club To all, Notice would have to go out by December 28th for a public hearing on the 8th of January. This would meet the 10 day prescribed in State Statute. The Commission would still have to waive rules to act on at the January 8th meeting as well as the reduced notice. Additionally, we would be sending out around 1000 +/- notices by certified notice. We can do this. Lets talk about it at the planners meeting today. If need be I will contact Phil at county to start adjoiner list. Thanks, Jon -----Original Message----- From: Hollibaugh, Mike P Sent: Friday, December 14, 20011:10 PM To: Dobosiewicz, Jon C Cc: John Molitor (E-mail); Morrissey, Phyllis G Subject: Brookshire Golf Club John (and Jon) the Mayor and Norm Rundle just left my office, seems that Brookshire has filed for bankruptcy, the order has gone out for us to rezone that, you guessed it, P-1.... . they know that we cannot get stuff put together and make notice for next week, but we did talk about having a special meeting/hearing the night of January 8 where this could be discussed and acted upon. would like to work out assignments (legal, notice, etc.) next week to knock this out as we've been asked thanks Mike 1 \7-/, 0/ C> I ---- -~~ --~ __>o,l...~.l'~~~Fpit.. ?c..- __~')(.T_5_~_c....""t"'j~_N___.____ _ L-----~-~. ---~M>>~!i~~-4b :n._~~___ ~------ --LZ"t'3.1l-cL\.;,: ..~--'p,Lo~_ 1------- --~- - WI~e~J~v..~~. 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