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INFORMATION BOOKLET
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CARMEL PLAN COMMISSION
PETITIONER: THOMAS ENGLISH RETAIL REAL ESTATE, LLC
PROPERTY OWNERS: GAIL AND LEE TERRY
PROPERTY ADDRESS: 10212 - 10218 North Michigan Road
DOCS DOCKET NO. 07030001Z
PLAN COMMISSION HEARING DATE: APRIL 17,2007
INFORMATION SUBMITTAL DATE: APRIL 6, 2007
Attorney for Petitioner:
Joseph D. Calderon
Bose McKinney & Evans LLP
301 Pennsylvania Parkway,
Suite 300
Indianapolis, IN 46280
(317) 684-5331
860287JDOC
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TABLE OF CONTENTS
Item No.
1.
2.
3.
4.
5.
6.
7.
Description
Summary of Rezoning Request
Copy of Rezoning Petition
Area Map
Aerial Photo
Zoning Map
Comprehensive Plan
Conceptual Site Plan
860287 _I.DOC
SUMMARY OF REZONING REQUEST
CASE NO: 07030001Z
10212-10218 North Michigan Road
Petitioner, Thomas English Retail Real Estate, LLC, a Carmel-based developer,
proposes to rezone approximately 9 acres of real estate located adjacent to the existing
Terry Pool Company facility from the existing I-I zoning district, to the B-2 zoning
district, in order to develop the subject property for retail/commercial uses.
An exact tenant mix/site layout has not been finalized, but the site will conform to
Michigan Road Overlay requirements, and ADLS/DP approval is also necessary.
The proposed rezoning is consistent with other rezonings and development
activity that has taken place along the Michigan Road corridor, and is also consistent with
the Comprehensive Plan recommendation of Commercial.
860548_I.DOC
2
PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMEUCLA Y ZONING ORDINANCE
- REZONE APPLICATION -
$834.00 plus $111.00 per acre
(PUD $2698.00, plus $111.00 per acre)
Date:
Docket No.:
. Name of Owner: Carl B. and O. Lee Terry
By: Thomas English Retail Real Estate LLC
Owner's Address
Phone No.: (llli- 872-2502
Fax No.: QU) 879 - _~
10350 North Michigan Road
City, State, ZIP Carmel. IN 46032
. Contact Person Name and Company: Joseph D. Calderon. Bose McKinney & Evans LLP
Contact Person Phone, Fax, Email: Ph: (317) 684-5331;
Fax: (317) 223-0331; E-mail: icalderon@boselaw.com
Contact Person Address: 301 Pennsylvania Parkway. Suite 300. Indianapolis. IN
. Record of Ownership: Deed Book: Instruments:: 87-42059.88-20718 Page:
Purchase Date:
. Legal Description (Use additional page(s) if necessary):
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. Common Address of Property Involved (or General Description ifno Address Exists):
10212 - 10218 North Michigan Road
. Tax Parcel ID Nos. 17-13-07-00-00-009.000; 17-13-07-00-00-006.000; 17-13-07-00-00-008.000;
17-13-07-00-00-007.000; 17-13-07-00-01-011.001
. Proposed Zoning Change: From the I-I District to the B-2 District, for the property
shown outlined in red on the map attached hereto, which is made a part of this petition.
. Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary):
The proposal to rezone the subiect property from the 1-1 district to the B-2 district is in compliance with the
Comprehensive Plan. which contemplates medium intensity commercial uses for the site. and is consistent with the
dominant land use development pattern in the vicinity. which is commercial. Petitioner's initial proposal to develop the
site is shown on the concept plan included with this Petition and contemplates a fitness club. restaurant. bank and small
hotel. but could change.
844726.LDOC
Revised 12/29/2006
AFFIDAVIT
(I/We), being duly sworn, depose and say that (I/We) (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.
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City, State, ZIP
The applicant, correspondent, or agent (if different from owner or owners)
Thomas Eng;lish Retail Real Estate. LLC (Thomas English)
Name Name
(317) 574-7448
Teleph,one I
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Date
Telephone
Date
State ofIndiana )
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County of('l.A:t~ )
Before me the undersigned, a Notary Public for ~.AffA)
(officer's county of residence)
County, State ofIndiana, personally appeared Cf"o.xflL (J. C (i)7 d..t.vJ77 and
(name ofperson(s))
acknowledged the execution of the foregoing instrument this
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844726_I.DOC
Revised 12/29/2006
ZONING CONSENT
The undersigned, owner(s) of the Real Estate described in Exhibit "A," attached hereto
and made a part hereof, hereby authorize Thomas English Retail Real Estate, LLC, and its
attorneys, Bose McKinney & Evans LLP, including Joseph D. Calderon, to file Rezoning,
Variance, Special Use and Development Plan (including ADLS) applications and all other
documentation necessary for the approval of a Rezoning and Development Plan for a retail
development on 'the Real Estate, including necessary variances and/or special uses for a fi1ness
center and hoteVmoteI (the "Proposed Development"). The owners also consent to ilie proposed
Rezoning of the Real Estate to ilie B-2 district and any variances or special uses for the Real
Estate necessary in order to achieve the Proposed Development
This consent shall remain in effect w1i1 revoked by a written statement filed with the
Department of Community Services for the City of Cannel, Indiana.
Cc~ 13. 17
Carl B. reny
,?JtZ0J
0, Lee Teny C
STATE OF INDIANA
COUNfYOF HAMILTON
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Subscribed and sworn to before me a Notary Public in and for said County and State, this
_l!:+!- dayof FEB/2lLAP-i ,200] ~* ~
Notary Publico
My Commission Expires:
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Printed Signature
Resident of --.M ~
, County, Indiana
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STATE OF INDIANA
COUNTY OF HAM I L IOtJ
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~ubscribed and sworn to before me a Notary Public in and for said COtmty and State, this
'5"""'- day of F i: B te u. A (l "'l . 20CJ]
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Notary Public
My Commission Expires:
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Printed Signature
. Cotmty, Indiana
Record Description of Terry Property
10212-10218 N. Michigan Avenue. Carmel. Indiana
Instrument #8820718
Part of the Southeast Quarter of the Northwest Quarter of Section Seven (7), Township
Seventeen (17) North, Range Three (3) East, more particularly described as follows:
From the Southwest corner of the Southeast Quarter of the Northwest Quarter of said Section
measure Northerly along the West line of said tract 272.8 feet, more or less, to the extended
South line of the tract ofland currently owned by Fred Evans, et al; thence Easterly 22.4 feet,
more or less, to the Southwest corner of the tract currently owned by Evans; thence countinuing
Easterly 312.2 feet, more or less, along said South line for a point of beginning; said point being
454.5 feet West of the center line of the Michigan Road; thence deflecting left 90 degrees
measure Northerly 98 feet; thence deflecting right 90 degrees measure Easterly 434.5 feet, to the
center ofthe Michigan Road; thence deflecting right 78 degrees 28 minutes measure
Southeasterly along the center of said road 100 feet; thence deflecting right 101 degrees 32
minutes measure Westerly 454.5 feet to the place of beginning, in Hamilton County, Indiana.
Instrument #8742059
PARCEL I: Part ofthe Southeast Quarter of the Northwest Quarter of Section 7, Township 17
North, Range 3 East, Hamilton County, Indiana, more particularly described as follows, to-wit:
Beginning in the West line of said quarter quarter section, at a point 304.3 feet
North of the Southwest corner of said quarter quarter section; running thence North upon and
along the West line of said quarter quarter section, 263.2 feet to a point; thence North 81 degrees
36 minutes East 218.55 feet to a point; thence South 8 degrees 24 minutes East 125 feet to a
point; thence North 81 degrees 36 minutes East 150 feet to a point "A"; thence South 8 degrees
24 minutes East 38.64 feet to a point; thence North 81 degrees 36 minutes East 347.58 feet to a
point in the center line of Michigan Road (U.S. Road #421) as now located and established;
thence Southeasterly upon and along the centerline of said road 30.62 feet to a point; thence
South 81 degrees 36 minutes West 434.5 feet to a point; thence South 8 degrees 24 minutes East
98 feet to a point; thence South 81 degrees 36 minutes West 312.2 feet to a point; thence in
a Northwesterly direction 36 feet to the place of beginning.
Subject, however, to a permanent easement for roadway and driveway purposes over and across
the above described real estate:
Beginning at the foregoing point "A"; running thence South 8 degrees 24 minutes East 38.64 feet
to a point; thence North 81 degrees 36 minutes East 347.58 feet to a point in the center line of.
Michigan Road (U.S. Road #421) as now located and established: thence in a Southeasterly
direction upon and along the center line of said road 30.62 feet to a point; thence South 81
degrees 36 minutes West 404.5 feet to a point; thence North 8 degrees 24 minutes West 68.64
feet to a point; thence North 81 degrees 36 minutes East 50 feet to the place of beginning.
PARCEL II:
Part of Lot 11 in "Park Northwestern", the plat of which was recorded in Plat Book 8 on pages
128 thru 132 on September 4, 1980 as Instrument #13619 in the Office of the Recorder of
Hamilton County, Indiana, more particularly described as follows:
Beginning at the Southeast corner of said Lot 11; thence along the South line of said Lot 11
South 88 degrees 54 minutes 36 seconds West 628.40 feet; thence North 46 degrees 55 minutes
54 seconds East 710.43 feet to a point in a North line of said Lot 11; thence along the North line
of said Lot 11 North 89 degrees 33 minutes 40 seconds East 105.50 feet to a point in a East line
of said Lot 11, said point bears North 00 degrees 26 minutes 20 seconds West 474.00 feet from
the Point of Beginning; thence along the East line of said Lot 11 South 00 degrees 26 minutes 20
seconds East 474.00 feet to the Point of Beginning.
PARCEL III: Part of the Southeast Quarter of the Northwest Quarter of Section 7, Township 17
North, Range 3 East, more particularly described as follows:
From the Southwest corner of said Quarter Quarter Section, measure Northerly along the West
line thereof 272.8 feet to a point on the South line of the tract of land currently owned by Fred
Evans, et aI, if the same were extended Westward; thence North 81 degrees 36 minutes East
along said extended line 22.4 feet to the Southwest corner of the said Evans tract; thence
continuing North 81 degrees 36 minutes East along the South line of said tract 242.2 feet to a
point; thence deflecting left 90 degrees, measure Northerly 166.64 feet, more or less, to a point
for a place of beginning, said point of beginning being 125.0 feet South on the normal from the
North line of the said Fred Evans tract; thence Easterly parallel to said North line 150.0 feet;
thence deflecting left 90 degrees, measure Northerly 125.0 feet to the North line of aforesaid
tract; thence Westerly along same 150.0 feet; thence deflecting left 90 degrees, measure
Southerly 125.0 feet to the place of beginning, containing 0.43 acre, more or less;
ALSO, a permanent easement for roadway purposes described as follows:
Beginning at the Southeast corner of the 0.43 acre tract; thence Westerly along the South line
thereof 50.00 feet; thence deflecting left 90 degrees measure Southerly 68.64 feet to a point
98.00 feet distance from the South line of said Fred Evans tract; thence deflecting left 90 degrees
measure Easterly parallel to said South line a distance of 404.5.0 feet to the centerline of the
Michigan Road (State Road u.s. 421); thence deflecting left 101 degrees 52 minutes measure
Northwesterly with said centerline 30.62 feet; thence deflecting left 78 degrees 28 minutes
measure Westerly a distance of 548.38 feet; thence deflecting right measure Northerly 38.64 feet
to the beginning.
Instrument #8746031
Part of the Southeast Quarter of the Northwest Quarter of Section 7, Township 17 North, Range
3 East, Hamilton County, Indiana, more particularly described as follows, to-wit:
Beginning at the Southwest corner of said Quarter-Quarter Section running thence North upon
and along the West line of said Quarter Quarter Section 567.5 feet to a point; thence North 81
degrees 36 minutes East 368.55 feet to the place of beginning of this description, thence
continuing North 81 degrees 36 minutes East 313.75 feet to a point in the centerline of State
Road 421 (Michigan Road); thence in a Southeasterly direction upon and along the centerline of
said road 170 feet to a point; thence South 81 degrees 36 minutes West 347.68 feet to a point;
thence in a northerly direction 158.66 feet to the place of beginning.
EXCEPT - Instrument #200400069566
A part of the Southeast Quarter of the Northwest Quarter of Section 7, Township 17 North,
Range 3 East of the Second Principal Meridian, Hamilton County, Indiana, and being all that part
of the owners' land lying within the right of way lines of Parcel III as depicted on the attached
Right of Way Parcel Plat, also described as follows: Commencing at the southwest comer of the
Southeast Quarter of the Northwest Quarter of said Section 7; thence North 0 degrees 06 minutes
04 seconds West 83.149 meters (272.80 feet) along the west line of said quarter quarter section
to the extended southern line of the owners' land; thence North 81 degrees 10 minutes 01 seconds
East 6.828 meters (22.40 feet) to the southwest comer of the owners' land; thence continuing
North 81 degrees 10 minutes 01 seconds East 216.201 meters (709.32 feet) along the southern
line of the owners' land to the southwest comer of the 0.013 acre tract of land conveyed to the
State of Indiana by Instrument No. 200000006883 as recorded in the Office of the Recorder of
said County; and the POINT OF BEGINNING of this description, said point of beginning also
being the southeast comer ofthe owner's land: thence South 81 degrees 10 minutes 01 second
West 28.614 meters (93.88 feet) along the southern line of the owners' land; thence North 20
degrees 43 minutes 37 seconds West 7.736 meters (25.38 feet) to point "5004" designated on
said Right-of-Way Parcel Plat; thence North 83 degrees 54 minutes 19 seconds East 23.770
meters (77.99 feet) to point "5005" designated on said Right-of-Way Parcel Plat; thence North
24 degrees 16 minutes 09 seconds East 7.072 meters (23.20 feet) to point "5006" designated on
said Right-of-Way Parcel Plat and the western line of said 0.013-acre tract; thence along said
western line Southeasterly 12.630 meters (41.44 feet) along an arc to the left and having a radius
of69639.938 meters (228477.49 feet) and subtended by a long chord having a bearing of South
20 degrees 43 minutes 34 seconds East and a length of12.630 meters (41.44 feet) to the point of
beginning and containing 0.0213 hectares (0.053 acres), more or less.
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