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Home My WebLink AboutCorrespondence NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D. FRANKENBERGER JAMES R. SHrNA VER LAWRENCE J. KEMPER JOHN B. FLATT A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846-8782 W\NW.nf-law.com FREDRIC LAWRENCE DAVID J. LICHTENBERGER JESSICA S OWENS Of Co,msel JANE B. MERRILL December 28,2007 Angie COlm City of Carmel One Civic Square Cannel, IN 46032 RE: 96lh Street Crossing PUD, Docket No. 07050017 Z Dear Angie: By this letter, the Duke Realty Limited Partnership is withdrawing its request for a change of zoning to which the Docket No. 07050017 Z has been assigned. In this regard, it is our understanding that we can subsequently retile at any time and will not be subject to a 3 or 6 month waiting period. Should you have any questions or comments, please do not hesitate to call me. Thank you. Very truly yours, NELSON & FRANKENBERGER ~ Ce-. Charles D. Frankenberger CDF/bjt ~ --'., RECEIVED DEe 3 I 2007 DOCS SCANNED II:\B~cky\lon.ing & Real EsL.1IC Mf1tLC:r~'l.DlIkc\<J.(,th Strccl\Llr [Q A Corm 122ii07,dnc Page 1 of 1 Conn, Angelina V From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Friday, November 02, 2007 2:06 PM To: Cohn, Angelina V Subject: RE: pud & Nov plan commission agenda Hi Angie, I am still recovering--ha! I believe that the 96th Street PUD has never been shown on any agendas. We have not yet noticed a hearing, and it has been on hold. Please do not show this on the November Agenda. I will let you know if and when we notice it, and I will inquire of Duke about the status and advise you. Thanks. Ch~rles D. Frankenberger N-ELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis IN 46280 Phone: 317 ~844-0 106 F~x: 317-846-8782 bttp:/ hv\VIV. nf-Lnv. com From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent: Friday, November 02, 2007 1 :46 F>M To: Charlie Frankenberger Subject: pud & Nov plan commission agenda Hello, Charlie - have you recovered from last night's meeting?! i arnstartihg to prepare the Nov. 20 plan commission agenda and was wondering if you wanted the B13Jh_,SJL~~.t"CI:9_$$LlJg eJ.,J[:):_[)Qck~LNQ,JIZ05QQJIZ item to show as tabled. Please let me know by next Thursday afternoon. Thanksl Angie 1112/2007 u u NELSON & FRANKENBERGER JAMES J. NELSON CHARLES D_ FRANKENBERGER JAMES E. SHINA VER LA WRENCE 1 KEMPER JOHN [3, FLA IT A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3105 EAST 98TH STREET, SUITE 170 INDIANAPOLIS, INDIANA 46280 PHONE: 317-844-0106 FACSIMILE: 317-846-8782' www.nf-Iaw_com tJ: f'REDRIC LA WRENCE DA VID J. LICHTENBERGER JESSICA S_ OWENS OfCounscl JANE 13, MERRILL RECEWED OCT -: '1" October 1, 2007 DOCS Angle Conn City of Camlel One Civic Square Carmel, IN 46032 RE: 2H Docket No. 07050017Z 96thlh Street Crossing PUD Dear Angie: Per my prior e-mail, please show this matter as tabled and not on the Plan Commission agenda for October 16, 2007. Thanks again. Very truly yours, NELSON & FRANKENBERGER C'~ Charles D. Frankenberger CDFlbjt H:\F~cckr\.Zollin~& R9.al EsI:.::Itc MaU-crs\Dukc\%th Sln:cj\Urto A. -COl1Jll00107.duc Page 1 of2 Conn, Angelina V From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Monday, October 01, 20072:51 PM To: Conn, Angelina V Subject: RE: pud's & October plan commission agenda Hi Angie, Thank you for remembering and asking. Please note: .1t:L...J2.Q.~X?J.NQ-,-_QIQ.QQQt(LZ_:JJ6.Jb_~trg?LCm~~ingElJJ)--Please show this matter as formally withdrawn. I will send you a separate letter confirming this. As such, please do not place this on the 1 0/16 PC Agenda. 2Jj.~QQC~~.tt\t9-,JXZ:Q9Q.Q1Z.Z~.~9JJ:L~tr??LCfQ_$$jngJ::JVD--We are in the process of evaluating this and, as such, please show this as still tabled and not on the 10/16 PC Agenda. As an aside, I have a couple of questions about re-filing. In summary the PC rules state that a case withdrawn by a petitioner cannot be placed on the docket until: 1-$ix months after withdrawal, unless the case is a new case; and 2-Three months after withdrawal if the case is a new case. Regarding the interpretation the words italicized, please let me know about the following: 1-ls the date on which the matter is again placed on the docket the date of the new public hearing, the date the re-filed matter is assigned a docket number, or the date on which the re-filed matter is re-filed? In this regard, there are about 60 days between fillng and the public hearing, and it seems to me that it is most certain to conclude that the matter is on the Plan Commission's docket when the public hearing occurs; however, of course, we will defer to your discretion on this. 2-A case is a new case if it (i) involves more land, less land, or entirely different land or (i) involves the same land, but includes different uses or standards. All of these, of course, are a matter of degree, and the close ones would be subject to the Department's discretion. For instance, a case in which the only change is the addition of 1 use or the addition of .02 acres may be determined to be substantially the same and subject to the 6 month rule. Please let me know your thoughts and, in the interim, 0) please show 2H. (96th) as tabled and not on the 10/16 PC Agenda and (ii) I will send a letter formally withdrawing 1 H (116th) so that it; too, is not on the 10/16 Agenda. Thanks for your help. Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis IN 46280 Phone: 317-844-0106 Fax: 317-846-8782 htt}.2.:LL\vww.nf-law.com From: Conn, Angelina V [mailto:Aconn@carmel.in.gov] Sent:: Monday, October 01,2007 10:15 AM To: Charlie Frankenberger Subject: pud's & October plan commission agenda 10/l/2007 Page 1 of 1 Conn) Angelina V From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Thursday, August 02, 2007 3:53 PM To: Hollibaugh, Mike P; Conn, Angelina V; Holmes, Christine B Subject: Status of 2 Duke Matters Hi Mike, Angie, and Christine, We are continuing to work on 96th Street Crossing (Docket # 07050017 Z) and 116th Street Crossing (Docket # 07050016 Z) and, pending this, we thought it would be helpful to provide a brief status report and to confirm that we are requesting that neither matter be placed on an agenda for Plan Commission or for TAC. To this end, please note: 1-With respect to 96th Street Crossing and 116th Street Crossing, we are requesting to not be placed or even appear as continued on the (i) August 07 Plan Commission Agenda, or (ii) on any subsequent Plan Commission Agenda. In this way, we will avoid confusion that may result from appearing as an entry on an agenda before we have given public notice and are ready to proceed. We will keep the Department updated, and we will let the Department know when we have given notice so that we can be placed on the Plan Commission Agenda for which we have given notice 2-With respect to 96th Street Crossing, weare in the process of evaluating the manner in which we will proceed and, pending that determination, we want to remain on file but are requesting to not be placed or even appear as continued on any agendas. 3-With respect to 116th Street Crossing, we are contihuing to work on and revise the land plan and corresponding PUD, and we do notanlicipate that plans will be sufficiently definite to permit us to be heard by Plan Commission until the 3rd Tuesday in November, at the earliest: Pending our request to be placed on an agenda, we are requesting that we not be placed or even appear as continued on any agendas. As indicated, we will keep you fully apprised and updated. Should you have any questions or comments, please let me know. Thanks. Charles D. Frankenberger NELSON & FRANKENBERGER 3105 East 98th Street, Suite 170 Indianapolis IN 46280 Phone: 317-844-0106 Fax: 317~846-8782 8/212007 Page 1 of 1 Conn, Angelina V From: Charlie Frankenberger [chalie@NF-LAW,COM] Sent: Wednesday, July 11, 20075:01 PM To: Conn, Angelina V Cc: Hollibaugh, Mike P; Jennifer.Burk@Dukerealty.com Subject: Duke-9g1!!,Stn::U3( Qros.q~IlQtsexton Hi Angie, I just sent you an email about the 116th Street (Pittman) matter, and I thought it would be helpful to also send a brief note on the Sexton matter. As discussed, we are in the process of considering the Sexton matter. We will not notice it for the August Plan Commission Hearing, and we are requesting that the Sexton matter not be placed on the Plan Commission Agenda for the August public hearing. We will soon be in touch with you about the status of the Sexton matter. In the interim, please let me knower you have any questions or comments. Thanks. 7/12/2007 Page 1 of 1 Conn, Angelina V From: Charlie Frankenberger [chalie@NF-LAW.COM] Sent: Monday, June 18, 2007 3:51 PM To: Hollibaugh, Mike P; Conn, Angelina V Cc: Jennifer Burk; Blaine Paul; Aaron Reynolds; John Girod; Matt.anderson@dukerealty.com Subject: Duke-Sexton Update Hi Mike and Angie, Regarding the Sexton (96th Street) matter, we have concluded that we will not be in a position to proceed with (i) TAC on Wednesday, June 20, or (ii) Plan Commission in July. We will keep you apprised as we continue to assess this matter Regarding Pittman, we will go to TAC on Wednesday, June 20, at 9:50 a.m. and, although we will not be in a position to go to Plan Commission in July, we are planning on going to Plan Commission in August. In advance, we and our land planners will meet with you to obtain input on our proposed plan. Should you have any questions or comments about this, please call or email. Thanks. /" 6/18/2007 Conn, Angelina V From: Sent: To: Subject: Tingley, Connie S Thursday, June 14, 2007 2:26 PM Coy, Sue E; Boone, Rachel M.; Stewart, Lisa M; Conn, Angelina V; Holmes, Christine B FW: Duke Realty Checks Importance: High FYI See below ct -----Original Message----- From: Carla Lakia [mailto:Carla.Lakia@dukerealty.comJ Sent: Thursday, June 14, 2007 2:23 PM To: Tingley, Connie S Cc: Matt Anderson Subject: Duke Realty Checks Connie- Will you please forward this email on to whomever may receive checks. From what I am told, the following jobs have been delayed and we do not wish to pay the docket fee at this time. When the checks are received, will you please mail them back to Duke Realty at my attention (the address is below). Thanks. Docket #: 07050016Z: 116th Street Crossing PUD Check #: 146986 Amount: $9,764.26 Check Date: 06/11/2007 Docket #: 07050017Z: 96th Street Crossing PUD Check #: 146987 Amount: $4,583.89 Check Date: 06/11/2007 Thank you, Carla Lakia Duke Realty Project Accountant 600 East 96th Street, Ste 100 Indianapolis, IN 46240 Phone (317) 808 - 6508 Fax (317) 808 - 6776 1