HomeMy WebLinkAboutApplication
Page 1 0[2
Calderon, Joseph
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From: Holmes, Christine B [cholmes@carmel.ingov]
Sent: Friday, March 02, 20074:01 PM
To: Blanchard, Jim E; kbrennan@carmel.in,gov; Brewer, Scott I; Conn, Angelina V; DeVore, Laura B;
Dolan, Veronica A Griffin, Matt L; Hancock, Ramona B; Hohlt, William G; Hollibaugh, Mike P;
Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N; Littlejohn, David W;
dmast@carmel.in.gov; Mindham, Daren; Miser, Craig: Ochs, James A; Ryg, Karyn; Schriner, Adam
J; Stewart, Lisa M; Tingley, Connie S; Weddington, Trudy A
Ce: Calderon, Joseph
Subject: Docket Nos. Assignment: (Z) 10212-10218 North Michigan Road Rezone (07030001 Z)
I have issued the necessary Docket Number for (Z) 10212-10218 North Michigan Road Rezone. It is the
following:
Docket N~10212-10218 North Michigan Road Rezone
Rezone Application Fee:
$111 eracrex8.91
Total Fee:
Docket No. 07030001 Z: 10212- 18 North Michigan Road Rezone
The applicant seeks to rezone 8.91 acres from 11 to B2 to allow for medium-density commercial retail
development.
The site is located at 10212-10218 North Michigan Road and is within the US 421/Michigan Road Overlay.
Filed by Joseph Calderon of Bose McKinney & Evans LLP for Thomas English Retail Real Estate LLC.
Petitioner, please note the following:
1. This item will be on the March 21, 2007 agenda of the Technical Advisory Committee (TAC). The
petitioner must submit plans and review materials to all TAC members directly by March 9, 2007 Failure
to submit plans and review materials to T AC members by this time will result in the tabling of this petition to
the April 18, 2007 TAC meeting, and subsequently the May 15,2007 Plan Commission meeting. For a list
of current T AC members go to:
2. b.llp-://www.cicarmel.in.us/services/DOCSfT AC2007/T AC%20members%20revised%2011.29.06. pdf
3. Mailed and Published Public Notice needs to occur no later than Friday, March 23, 2007. Published
notice is required within the Indianapolis Star.
4. The Filing Fee and Fifteen (15) Informational Packets must be delivered to Plan Commission Secretary
Ramona Hancock no later than NOON, Friday, ~ 6, 2007. ,;/
5. Proof of Notice will need to be received by this Department no later than Noon, Friday, ~113, 2007.
Failure to submit Proof of Notice by this time will result in the tabling of the petition
6. These items will appear on the April 17, 2007, agenda of the Plan Commission (under "Public
Hearings").
7. These items will appear on the Tuesday, May 1,2007, agenda of the Plan Commission Subdivision
Committee
PETITIONER: refer to your instruction sheet for more detaiL A review letter will be forthcoming.
Mr. Calderon can be contacted at 317.684.5331 or fax 3172230331.
Thanks
Christine Barton-Holmes
Planning Administrator
3/2/2007
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PETITION TO CHANGE THE OFFICIAL ZONING MAP
INCORPOR..t\TED BY REFERENCE INTO THE CARMEL/CLAY ZONING ORDINANCE /
-- REZONE APPLICATION - '
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$834.00 plus $111.00 per acre
(PUD $2698.00, plus $111.00 per a.cre)
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Date:
Docket No.:
. Name of Owner: Carl B. and O. Lee Terry
Bv: Thomas English Retail Real Estate LLC
Owner's Address
Phone No,: (317) - 872-2502
Fax No. (317) ~879 - _1034_
10350 North Michigan Road
City, State, ZIP Cannel, IN 46032
. Contact Person Name and Company: Joseph D. Calderon, Bose MeKilmey & Evans LLP
Contact Person Phone, Fax, Email: Ph: (317) 684-5331 ;
Fax: (317) 223-0331: E-mail: icalderon(Cl.)boselaw.com
Contact Person Address: 301 Pennsvlvania Parkway, Suite 300. Indianapolis, IN
. Rc\.;ord of Ownership: Deed Book: Instruments:: 87-42059.88-20718 Page:
Purchase Date:
. Legal Description (Use additional page(s) if necessary):
See Attached
. Common Address of Property Involved (or General Description ifno Address Exists):
102 I 2 - 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
shown outlined in red on the map attached hereto, which is made a part of this petition,
District, for the property
. Statement of compliance with the CanneIJClay Comprehensive Plan (use additional pages if necessary):
The proposal to rezone the subject p-roperty from the I-I district to the B-2 district is in compliance with the
Comprehensive Plan, which contemplates medium intensity commercial Llses for the site. and is consistent with the
dominant land use development pattern in the vicinity, which is commercial. Petitioner's initial proRosal 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.I.DOC
Revised 12/29/2006
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AFFIDA YlT
(IN/c), being duly sworn, depo~e 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, ~tatements, and answers herein contained and the
information herewith ~ubmitted are in all respects true and coneel to the best of (my or our) knowledge and belief.
f!;tjLj) t ~cf~/ ">lor",,! IAn'i_t j;,5~t< D. C""d~bn
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Address
1'Nl-;iVJ\etfOl~s ~. 4 0a ~O
City, State, ZIP
The applicant, conespondent, or agent (if different from owner or Qwner~)
Thoma~ English Retail Real Estate. LLC
Name
(317) 574-7448
Tel~/tb /0 7
Date
(Thomas Enl!:lish)
Name
Telephone
Date
Stale of Indiana
County of .-rb (Ld-l1JL.-.
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(officer's county of residence)
Before me the undersigned, a Notary Public for
County, State ofIndiana, personally appeared
90QVU~'L j':J. C r jJ c& Y-P7'1 and
(name ofperson(s))
/10-&1.-
JJ day of
,20rt.
My commission expires: .{}JC1.11vf;-<..-y":?o 2l)/if
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S44726_LOOC
Revised 12/29/2006
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ZONING CONSENT
The undersigned, owner(s) of the Real Estate described in Exhibit !lA," 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 faT a retail
development on 1he Real Estate, including necessary- variances and/or special uses for a fi1ness
center and hotel/motel (the '~PropoBed Development"). The owners also consent to 1he proposed
Rezoning of the Real Estate to fue 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 until revoked by a mitten statement filed with 1he
Department of ComnunllCy Services for 1he City of Carmel, Indiana.
C?vv! 13. 17
Carl B. Teny
~6lCJ)tJ
0.- Lee Teny
STATE OF INDIANA
COUNTY OF HA H I L TO,.:)
)
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ss:
Subscribed and sworn to before me a Notary Public in and for said County and State, this
_I ~ -IJ:. day of F EB g lL A P. '1 , 200 J ^". . 1-= ~
NotaryPubI~
My Commission Expires:
'3\D\\OI
TE ~ i2-- 'i To Lo E F F LE" R..
Printed Signature
Resident of M ~
. County, Indiana
B4413lU[1l
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STATE OF INDIANA
COUNTYOF HAM) L IOtJ
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SS:
~ubscribed and sworn to before me a Notaly Public in and for said County and State, this
,5'""+- day of FE" B re u. A (2. \.f .200']
NoUuyPub~~ ~
My Commission Expires:
3 \ 0 do,
Te~~"t To LOEFFLEr<
Printed Signature
Resident of M ~
, County 7 Indiana
8<<139_1[1]
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Record Description of Terry Property
10212-10218 N. Michigan Avenue, Carm el, Indiana
Instrument #8820718
Part of the Southeast Quarter of the Northwest Qumier 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 thc W cst line of said tract 272.8 feet, more or less, to the extended
South line ofthe tract of land currently owned by Fred Evans, et al; thence Easterly 22.4 feet,
more or less, to the Southwest corner of the tract cun'ently 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 centcr 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 of the 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: Pmi of the Southeast Quarter ofthe NOlihwest 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 Sout11\vest corner of said qumier quarter section; nmning 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 (D. 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 North\vesterly 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 #42 I) 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 2.4 minutes West 68.64
feet to a point; thence North 81 degrees 36 minutes East 50 feet to the place of beginning.
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PARCEL II:
Part of Lot 11 in "Park Northwestern", the plat of which \vas recorded in Plat Book 8 on pages
128 thrn 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 comer 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 de.grees 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 fTOm
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 ofthe 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
hne thereof 272.8 feet to a point on the South line of the tract ofland currently owned by Fred
Evans, et aI, if the same were extended Westward; thence North 81 degrees 36 minutes East
along said extended hne 22.4 feet to the Southwest comer 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 nom1al from the
North line of the said Fred Evans tract; thence Easterly parallel to said North hne 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 comer ofthe 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 deOecting left 78 degrees 28 minutes
measure Westerly a distance of 548.38 feet; thence deflecting right measure Northerly 38.64 feet
to the begilming.
Instrument #8746031
Part ofthe Southeast Quarter of the Northwest Quarter of Section 7, Township 17 North, Range
3 East, Hamilton County, Indiana, marc particularly described as follows, to-wit:
Beginning at the Southwest comer of said Quarter~Quarter Section running thence North upon
and along the West line of said Qualier Quarter Section 567.5 feet to a point; thence North 81
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degrees 36 minutes East 368.55 feet to the place of beginning ofthis 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 QUalier 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 pmi
of the owners' land lying within the right of way lines of Parcel 111 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 0 I seconds
East 6.828 meters (22.40 feet) to the southwest corner 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 ofland conveyed to the
State ofIndiana by Instnul1ent 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 of the 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] 9 seconds East 23.770
meters (77.99 feet) to point "5005" designated on said Right-of-Way Parcel Plat; thence NOlih
24 degrees 16 minutes 09 seconds East 7.072 meters (23.20 feet) to point "5006" designated on
said Right-or-Way Parcel Plat and the western line of said O.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 of80uth
20 degrees 43 minutes 34 seconds East and a length of 12.630 meters (41.44 feet) to the point of
beginning and containing 0.0213 hectares (0.053 acres), more or less.
.
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