HomeMy WebLinkAboutRemonstrance
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Karen Vanderfleet - Mueh]enbcin
Dan Muehlenbein
2995 West 126!h Street
Carmel, IN 46032
April 11, 2007
City Council Members
Carmel City Council
One Civic Square
Carmel, IN 46032
RE:
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Karen Vanderfleet-Muehlenbein is the Owner of the 38.65 Acre tract of land on the south
side of 1261h street, directly across the street from the south boundary of the referenced
property. We have reviewed the document submitted to the City Council in support of
the referenced Ordinance and find that it is significantly different from the document
acted upon by the Carmel City Plan Commission. The most sibfJ1ificant revisions are
that the petitioner, Adams & Marshall, has revised the site plan and changed the zoning
classification they are requesting as a last ditch effort to entice the City Council to
approve a zoning change. This site plan and revised zoning request has not been
reviewed or acted upon by the City of Carmel Plan Commission. We urge you to either
deny this zoning request or send this request back to the Plan Commission for further
reView.
Ordinance Z-504-07: Fortunecprop{ity Rezone
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Dear Councilors
The Carmel Plan Commission did not review the site details and architectural aspects of
the proposed residences by sending the project to the Special Studies Committee.
Because there was so much public objection to the density zoning requested by the
petitioner, the Commission voted to send the project to the City Council with a
recommendation of denial. Now the petitioner has made changes which might entice a
vote of approval by the City COUllei I, but such action bypasses the appropriate review of
other site and architectural issues.
We believe this project is a poor fit into the fabric of the community that surrounds it.
This project is wedged between two portions of the Village of West Clay, a Neo-
traditional Developrnent, and in no way tries to relate to it architecturally and in many
ways contradicts the people friendly princip.<;tls of that development.. This project will
consist of cookie cutter, single story ranch-'homes built on a slab foundation, giving them
a low to ground profile emphasizing how small they are. The dominant feature on the
street side elevation will be the garag~. Front porches when included, are overwhelmed
by the garage element projecting out so far in front of the porch. These proposed houses
lack the architectural detail and variety of design that gives the Village of West Clay its
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unique character. This proposed project does nothing to W1ifY the two parts of the
Village of West Clay that it sits between. These proposed homes which will average less
than 2,000 SF, will be less than half the size of the average homes located in the adjacent
communities of the Village of West Clay, Laurel Lakes and Wexley Chase.
Approving this project as presented to the City Council at this time, circumvents the
established planning process and we believe will have a negative affect on our property
across the street from it. We request that the City Council consider the points we have
raised and our objections and vote to deny the zoning change request, or at least send the
project back to the Plan Commission for further review.
Thank you for your consideration,
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Karen Vanderfleet- Mu Wenbem
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Dan Muehlenl) in
cc: Mathew:.Gl::iffin,.Cam1ekCity-Planner:
Karen Vanderileet-Muehlenbein
2995 West 126th Street
Carmel, Indiana 46032
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February 20,2007
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Carmel Plan Commission
One Civic Square
Ca rmel, In. 46032
Re: Adams & Marshall-Rezone of the Fortune Property
Docket No. 0610 0023-Z
Dear Commission Members,
I Karen Vanderileet -Muehlenbein is the owner of the property
listed above address,
and my concern is the way I was notified of this Rezone Public
Hearing by regular mail.
In the past I have always recieved notice by Certified Mail. And I do
believe they are requied
to notify property owners by Certified Mail. My concern is that aU my
fellow neighbors recieved
there notice, and comming the way it did by regular mail, they might
not have recieved it, it
could have gotten lost in the mail.
I am inclosing to you a copy of my envelope and the infromation I
recieved, as prof to you all,
it was not sent to me by Certified Mail. And I am asking the Planni'lg
Commission Members,
to delay there decision, and ask Adams & Marshall to renotifyall-
property owners of th is rezone ~ ~~
matter by Certified Mail. ~@ \:j ~~
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Sincerely, << \>~\.)
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Carmel, Indiana 46032
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Karen Marie V atlderfleet!'-.1uehlenbein
2995 116thStreet W
Carmel, IN 46032
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January 19,2007
}A.\IES K WHliELER'
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ELIZABETH I. V.'"" Ti\ssn.
, . Karen MarkVap'dertleet Muehlenbein .
2995 126th Street W,
Carmel, IN 4603.2'
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Mi\:fTIIEIV L. HINKLE
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RE:Notice of Public, Hearing
R.YAN'H. G\SSY\II."
" Dear Ms. Muehleribein:.,
L,uJlU\ E. TRULOCK'
BIl.t\ND\ A. GmSON
Adams 19;Marshall, Inc.see~s a .chaJ1ge in zoning classification for
approxim(J.tely :16 .acres ofJand betw~en126th'Street' aqd 1318t Str~~t, west o(Towne
Road;: Carmel~ Indiaqa 46032. Tq appto:v:e this9nange, Adams 8r, Marshall,lnc:'s
Rezone ApplicationwiH be heard on. Febfuary 20, ,2007, at.6:00 p.m. by the Carmel
.PI.an Commis$ion,'p.er the enclosed Notice of Public Hearing. I have also enclosed a
concept site plan of the proposed de:velopmen~. ' .
'CERTIFIED lmDI,\TOR
OF COUNSEL:
.Sn;vENll. HENKE
. Please contact me. if you 'have qu~stions qrcofum'ents.
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E. Davis Coots
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K:\EDC\ADAMS AND MARSHALL !-IOMES\merged notice lettcLwpd
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,255 ~a51 Carmel Drive
Car,mel, Indial)3 46032-26B9
317-844-4693
HX:317.573.5385
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NOTICE OF PUBLIC HEARING BEFORE THE
CARMEL PLAN COMMISSION
Docket No. 06100023 Z I Rezone Application
Notice is hereby given that the Carmel Plan Commission will hold a Public Hearing on
February 20, 2007, at 6:00 p.m. in the Council Chambers, Carmel City Hall, Second Floor, One
Civic Square, Carmel, Indiana 46032 on a Rezone Application filed by Adams & Marshall, Inc. in
order to change the zoning classification of the land described below from S-1 to R-2. The
application is identified as Docket No. 0610 0023 Z I Rezone Application. The real estate affected
by said application is described as follows:
Part of the Southeast Quarter of Section 29, Township 18 North, Range 3 East in
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Clay Township, Hamilton County, Indiana, described as follows:
BegiIming on the SQuth Line of the Southeast Quarter of Section 29, ToWnship 18
North, Range.3 East 1351.40 feet South 89 degrees 03 minutes 05 seconds West
(Assumed Bearing) from the Southeast Comer of said Southeast Quarter; thence
North 00 degrees 56 minutes 55 seconds West 8.00 feet; thence North 52 degrees 42
minutes 19 seconds East 14.45 feet; thence North 23 degrees 04 minutes 39 seconds
East 27.27 feet; thence North 00 degrees 24 minutes 31 seconds West 1453.10 feet;
thence South 89 degrees 25 minutes 00 seconds West parallel with the North Line of
said Southeast Quarter 107.69 feet; thence North 00 degrees 11 minutes 13 seconds
East 1138.58 feet to a point on the North Line of said Southeast Quarter which is
1443.58 feet South 89 degrees 25 minutes 00 seconds West of the Northeast Comer
of said Southeast Q!larter; thence South 89 degrees 25 minutes 00 seconds West on
said North Line 393.42 feet; thence South 00 degrees 07 minutes 05 seconds West
1193.76 feet; thence SQuth 8& degrees 41 minutes 35 seconds West 153.46 feet;
thence Sooth d'0degrees 34 minutes 29 seconds East 144-1.57 feet to the SouthLine
of said Southeast Quarter; thence North 89 degrees 03 minutes 05 seconds East on
said South Line 627.20 feet to the pLace of beginning, containing 32.447 acres, more
or'less.
All interested persons desiring to present their views on the above application, either in
writing or verbally, may do so prior to or at the hearing. The Application may be examined at the
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Ofllce of the Plan Commission (Cannel r[.,.ent of Community Services,) :
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E. Davis Coots, for Adams & Marshall, Inc.
PETITIONER
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si te plan
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A Maintained Lifestyle Community
l31stSTREET
FORTUNE PROPERTY
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SITE = 32.447Ac.'"
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Karen Vanderfleet - Muehlenbein
Dan E. Muehlenbein
2995 West 126th Street
Carmel, IN 46032
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January 31,2007
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Mr. E. Davis Coots
Coots Henke & Wheeler
255 East Carmel Drive
Carmel, IN 46032-2689
Re: Adams & Marshall- Rezone of the Fortune Property
Docket No. 0610 0023-Z
Karen Vanderfleet- Muehlenbein is the owner of the 38.85 Acre tract ofland on the south
side of 1261h street, directly across the street from the south boundary ofthe above
referenced project. We have received your notification sent to us of the above referenced
rezone application made to the Carmel BZA, and have reviewed the proposed site plan
that was'enClosed\'vvith'the"riotificatibn'letter:- -. ,.\ '. Jili.;;. ';,
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Based-dpori 'the"eIlc'loslfre's\ve'intend"to'ojJpdsethis-project.:at tlie rezone~h~,arlng.:".., ,! .;r.
Specifically the north-south street shown on the proposed plan will exit onto 126th street
dttectlY-Iri; front :6fthe ;re'sidence"we'owy(at 299Y\Ves'r126~hlStreer.:;Traffic turning onto
1'26th-stTee-i:~' from the~'proposea'sfreet will he:disrupti vet6:theyresidents:of this,house and
the house we o\Vu'directly to the west, especially at night when the head lights of the
turning cars wiIi shine into the bedrooms and the living areas (jfthese two houses. In
addition, if an accident occurs at this intersection or a vehicle traveling south on the
proposed street fails to stop at the intersection, the occupants of the residences could be
endangered or the properties damaged. This disruption and potential for injury or
damage could adversely affect our ability to lease thes'e'residences, reduce the rental
income or the sale value should we decide to sell them.
We propose that the North- South Street be relocated to the east such that the west right-
a-way line of the street be located 320 feet east ofthe northwest corner ofmy property.
This would place the Noith~South street across the street from the vacant farm land
portion Ofniy' property. . This would also align the North-'South street with the most
likely location of a fufure street into my property should it be developed in the future.
The residence at 2995 126th street was designed as though the lot would eventually
become a cO"rrieflot and therefore' the garage was placed at the:northeast corner of the
house" with ihelividg'arid' sleepHlgcareas away fro'm the'northeas.n:orner, t9 shield them
ifoTIlrthe'trhrfic at the rururi::fstreetintets'edtioH .i1onthe'asfDf that.lc'Cirnel1.'.:. ,r, ~<', . ,,'
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~ WFm~ae;thi~fscame'reqi1f;~srfo'dfieptibf\pt~iecrpioposeQ.fot t]R~ F6rtunefPTop~rty and
with the Department of Community Services and the Technical Committee's support of
,our reqiIest';"that de\ieloper:evenfually revised his plans to comply with our request.
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We are also concerned that the proposed residences for the Fortune Property be of a size,
quality, and price point consistent with the other developments in the immediate area
surrounding our property. To date we have not been provide any information in regards
to the proposed residences. We believe before the zoning change is granted, that some
indication should be provide as to what impact this zoning change is going to have on
the size, quality and price point of the houses. We don't want our land to be devalued by
what is built across the street from us.
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Karen Vanderfleet- Muehlenbein
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