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Conn, Angelina V
From: Jim Shinaver [JimS@NF-LAW.COM]
Sent: Wednesday, October 31,200712:31 PM
To: Conn, Angelina V; Holmes, Christine B
Cc: Hollibaugh, Mike P; Hancock, Ramona B; Tingley, Connie S; Jim B. Euler
Subject: Deca Holdings LLC/Jim Euler - Change from Rezone to Use Variance
Angie and Christine -
I recently spoke to Angie regarding the above matter that was assigned docket number 07090013 Z and
pertained to a rezone for a property located at 410 First Ave. NE. Based on my conversation with Angie, Mr.
Euler is formally withdrawing the rezone application before the Plan Commission based on this message.
We will now be filing for a use variance before the BZA. We believe the use variance will better limit the scope
of how Mr. Euler can use the site for a low impact professional office type of use. I will be filing the use variance
application by Friday, November 2nd.
Please contact me with any questions. jim
Jim Shinaver
Nelson & Frankenberger
3105 E. 98th Street, Su ite 170
Indianapolis, In. 46280
317 -844-0106
jim:;;@nf-J?W,.QQtIl
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10/31/2007
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Page 1 of~
Conn, Angelina V
From: Conn, Angelina V
Sent: Tuesday, September 25,2007 12:34 PM
To: Stewart, Lisa M
Cc: Coy, Sue E; Hollibaugh, Mike P; Keeling, Adrienne M; Brewer, Scott I; Hancock, Ramona B;
Brennan, Kevin S; Littlejohn, David W; DeVore, Laura B; Lillard, Sarah N; Holmes, Christine B;
'jmolitor@prodigy.net'; Boone, Rachel M.; Tingley, Connie S; Duncan, Gary R; Donahue-Wold,
Alexia K; 'deca@indy.net'; 'Jim B. Euler'; 'Diane Hall'
Subject: Docket No. Assignment: (Z) DE Wilkinson's Addition, lot 20 (#07090013 Z)
I have issued the necessary Docket Number for (Z) DE Wilkinson's Addition, lot 20. It is the following:
Rezone Application Fee:
Total Fee:
$ 834.00
$ 834.00
Docket No. 07090013 Z: DE Wilkinson's Addition, lot 20
The applicant seeks approval to rezone 1 lot from R-3/Residence to B-5/Business within the Old Town Overlay -
Character Sub area.
The site is located at 410 181 Avenue N E. Filed by Jim Euler of DECA Holdings, LLC.
Petitioner, please note the following:
1. This item will be on the October 17 agenda of the Technical Advisory Committee (TAC). The petitioner
must submit plans and review materials to all TAC members directly by Oct. 2. (Failure to submit plans
and review materials to T AC members by this time will result in the tabling of this petition to the Nov. 14
TAC meeting, and subsequently the Dec. 18 Plan Commission meeting. For a list of current TAC
members go to: httt;! ://www.ci.carmel.in.us/services/DOCS/T AC2007/T AC%20members%20revised%
2009.07.07 .pdf )
2. Mailed and Published Public Notice needs to occur no later than Friday, Oct. 26. Published notice is
required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is
required; see application.
3. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than NOON, Friday, Nov. 9.
4. Proof of Notice will need to be received by this Department no later than Noon, Friday, Nov. 16. Failure
to submit Proof of Notice by this time will result in the tabling of the petition.
5. These items will appear on the November 20 agenda of the Plan Commission (under "Public Hearings").
6. These items may also appear on the Dec. 4 agenda of the Plan Commission Special Studies
Committee.
Mr. Euler can be contacted at 919-0491.
PETITIONER: refer to your instruction sheet for more detail.
Please complete the following:
1. Provide a copy of the list of adjacent property owners from the Hamilton County Auditor's office.
2. Provide the notarized Affidavit of the Public Notice Sign Placement.
3. Road right of way must be dedicated, per the 20-Yr Thoroughfare Plan. Contact the City Engineer for
more info at 571-2441.
4. Provide a conceptual site plan for the site, showing the parking area, floor plan, landscaping, exterior
building changes, etc.
5. Provide a paragraph stating what land use is proposed, hours of operation, number of employees,
etc.
6. Please provide a filled out/notarized affidavit or notice of public hearing (see application).
7. Please provide a filled out notice of public hearing form (see application).
8. Compliance with the Alternative Transportation Plan may be required, by installing a sidewalk along the
south property line. Contact David Littlejohn, Alternative Transportation Systems Coordinator at 571-
2417 for further review.
9/2512007
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPORATED BY REFERENCE INTO THE CARMELlCLA Y ZONING ORDINANCE
-- REZONE APPUCA nON -
~~Ius $111.00 per acre
(PUD $2698.00, plus $111.00 per acre)
q 1;1.1 /D7
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. Name of Owner: .::1": ~ 8. E u Ie r-
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Phone No.: d 3171 ~- 0095
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Docket No.:
Owner's Address
Fax No. (317) 575- oo9lt:>
Ll-ID 1ST. .4ve- )J E..
City, State, ZIP c.~ r-......e 1 I .r. N Lf-L:, 0 3 a
. Contact Person Name and Company: Td~ 8.EM/er- - 6;::.cA HoId;~jSI LLC
Comact Person Phone, Fax, Emait: Q/'l-Dlf1( cell 3/7~5?5~OOL'j1b dece:.@,'",dy.t')E-r
COl1Cacl Person Address: J:.15bf? 5~1()JS'tt,)('\e flu/) } Cd tr"'e( I::r: N 4bD33 j tL} l-ev-@.. t-
.1 I \V\dj.(\-e. I
. Record of Ownershi.p: Deed Book ;{a Page: ~ 9if Pun:hase Date 8/3 J I ~ DDIf
. Le".,II)""'ptio" (U" odd'tio",' p,gc(>) ,r ""CO,,,,,,), L 0'" .J. D, {j. LJ II K ; 1\ 5 "" IS Acid. q ~d~~ ~
. Common Address of Property Involved (or General Description if no Address Exists):
41D I~"", Aile. JJ r2. \ Cat......e' I .:r N 4-(... 03.;;1..
.Tax Parcel ID Nos. 110 ~ 10- 3 D - 09 - 01 .- 003.- ODD
. Proposed Zoning Change: From the Ii - 3 DistricllO the B -5 District, for (he propcrty
.,hown outlined in red on the map attached hereto, which is made a part of Ihis petilion_ 0\ c1. \" Ol.JV\ O\Jerl (L~ -
C VtCL V cJ-C'_Je.v
. Statcment of compliance with the Carmel/Clay Comprehensive Plan (usc additional pages if necessary):
~le4Sf2.. S'ee. a tt~cc"€J. .sia-te~~,\.-t 6-f L6..,...P OC.,,\ce
s\l\ocw-"-.
Rcv;,cd 12/2912006
z:\sharcdlrormsIPC applicationlrcwll~.llpp
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AFFIDA VIT
(lAVe), being duly sworn, depose and say that (l/We) (am/are) the (owner(s)) of Fifly Pereenl (50%) 01" more of the
properly involved in this appl ieation and that the foregoing signatures, statements, and answers herein contained and the
information herewith submitted arc in all respects true and correct to the best of (my or our) knowledge and belief.
l:-/J. ~
Signature {/
41D (51-. Ave. N E
Address
L?if""ef I :c '" Ifloo3:t
City, State, ZlP
:n ~ (!, S...ler
(typed or printeu)
The applicant, correspondent, or agent (if different from owner or owners)
Name
Name
Telephone
Telephone
Date
Dale
State of Indiana
County of
) SS:
)
Before me the undersigned, a Notary Public for
/-f (] JIM. 1 / -1-0 j/l
(officer's county of residence)
JiV/A 6. [Ll{ev
(name of person(s))
iJlQ:
and
County. State of Indiana, personaJly appeared
acknowledged the execution of the foregoing inslru!llentlhis
S'epfem0 e V
I
fJ d:dL ':f /I pp..>l;.Jrft
( ~?\L and SIgnature) '.J
} lA d i +)/1 F vi ui t1 0 I (LT
"-J .
(printed or typed)
day of
,2007
My commission expires: ~ 10 V. / d J ~ D J c..;
.:.." JUOlfl:4 fiQI~BHeL8f
. [:~ . ResKlent of Hamilton County, IN
'~~fi.t:7 Commission Expires November 12, 2014
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September 21 , 2007
RE: Rezone Application
410 tat Ave. NE
Statement of Compliance
I believe the change in use for this property will be compliant with the CarmellClay
Comprehensive Plan. The intended use of the property will be for professional office space.
DECA Environmental is a consulting company for manufacturers that specialize in helping
companies stay in compliance with the environmental regulations. The employees
predominantly go to the locations with very few clients visiting the office. For this reason
DECA does not see the need for a store front or to change the setting of this property to
anything other than a residential looking building.
I also believe that after review of the Old Town Policies, that the proposed office use
complies and compliments the following statements from the plan:
2.2 OLD TOWN/CENTRAL BUSINESS DISTRICT POLICIES
2.2.1
Street oriented retail and office uses should continue to be encouraged in the core
area of the Old Town ICBD.
2.2.2
Development regulations shall allow more dense development in the CBD than in
other areas of the City and Township.
2.2.3
The community should continue to encourage incentives for adaptive reuse of the
buildings in the area of Main and Rangeline.
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We have also reviewed the following matrix and believe the property will comply and
compliment growth policies of the central business district listed below.
Figure 2
CarmeUClay Township Proposed Growth Policies Regional/Community Employment Areas
INTENSITY CHARACTER AREA ADJACENCY REGIONAL SUPPORT INFRASTRUCTURE TRANSITION
LEVEL DESIGNATION ACCESS CIRCULATION SUPPORT TO
RESIDENTIAL
COMMUNITIES
U.S. 31 Corridor Offices greater than RegionallCommunily Not adjacent to low Site is adjacent Accesslo site direetly Water. sewer, drainage Buffered from resid
5 fl Eg. Thomson Employment Area density residential to Expressway from regional access. adequate to seNe site comm. by at least
Elee., and Principal one:
Arteriai or - expressway/prin art
Principal . publicflnsl. bldg.
Parkway - dedicated open
space
. transilion density
High Intensity Regional Retail Regional/Community Not adjacent to low Site is adjacent Access III site directly Waler, sewer, drainage Buffered from resid.
greater than 250k Employment Area density residential to Expressway from regional occess. adequate \0 serve site comm. by at leasl
sq It , intense and Principal one:
oommercia\ Arterial or - expressway/pnn art
Pri~cipai - publicJinst bldg.
Parllway - dedicaled open
space
. transilion densitv
Medium Community retail Regional/Community Could be adjacent Site IS oojacent Access to site is Water, sewer. drai~age Buffered from resid.
Inte~sity greater than 100k Employment Area to low density to Expressway directly from regional adequate to serve site comm. by at least
sq. ft. residential if and Secondary access. one:
Low to mid riS€ adequate buffer, Arterial or - expressway/prin art.
office 3 - 5 floors transWon Secondary - publie/inst. bldg.
Eg, Meridian Parkway - dedicated open
Villages, Graves space
Office Bldg. . transition density
. scale of bldodesian
Low Intensity One to two story Regional/Community Could he adjacent Site is adjacent Access to sile direclly Water, sewer, drainage Buffered from resid.
offices Employmenl Area to low density to Principal from regional access adquately in place or planned oomm. by at least
Office/showrrom residential if Arterial or as part of development one-
flex space, indus. adequate buffer, Parkway and . prine. arterial/pkwy
warehouse transition Secondary - publiclinst bldg.
Eg. Carmel Science Arteriai Of . dedicated open
and T eehnology Parllway space
Park - transition density
~ - scale of bldq desiqn
Downtown area of Regional/Community Is adjacent to Sites have Access to sile oould Water, sewer, drainage B offered from resid.
Carmel in vicinity of Employment Area residential. access 10 be from collector adequately in place or comm by alleas!
Rangeline and Main Developmenl Rangeiine or connecting Into pla~ned as part of one:
SI. shwld be Main SI. Rangeline or Main d8'lelopment - scale of bldg. design
pedestrian scale. . landscaping of rear
Building frontage to parking
slreel
Neigh borhood Neig hborl100d scale Residential Sile is within resid. Site is at Site has direct Water. sewer, drainage Buffered from
Commerdal retail. Center is Community Area comm areas. intersection of access to regional adequately in place or adjacent resid, deve!.
max. 125,000 sq.ft Design IS Principal Arterial access wilhout any planned as part of by all of the following:
on less than 15 compatibie with or Parkway and traffic Intrusion into developmenl . scaie of bldg. design
acres. . eg cenler at adjacent scale Collector oojacent nbhds. . iandscaping of rear
1 26th & Grey Rd. Buffering of rear lot parking, loading
line with adjacent
res. is mandatoN
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Welcome tp the City of C~U~meIGl$ Site
'" .
Wednesday, Apr 12, 2006 03:07 PM
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Jim Euler - 410 1st Ave NE
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Parcel No: 16-10-30-09-01-003.000
410 First Ave NE, Carmel, IN 46032
Zoned: R-3/ Residence within the Old Town Overlay - character Sub-area
Legal Descrip: D Wilkinson, Lot 20
View looking north, from the south
.
2004 a .
enal photo
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